"Love" and "Fa" in the Dream of Red Mansions — starting with the "Rose Delite theft"

"Dream of Red Mansions" Ping'er reflected his wisdom in handling the "Rose Dew theft" and was full of conflict between emotion and law. This article follows the process of judicial referee, trying to analyze the "Rose Display Case".

Factation: Theft and private phase transmission

Judging from the 61st narrative of "Dream of Red Mansions", for the "illegal" facts of theft and private phases, first of all, there are self -considers of the client Cai Yun: "Sister rest assured, don't be wronged, and don't get involved in innocent people. The injury. Stealing Dongxi was originally aunt Zhao told me again and again. I took some love with my brother. "From this self -recognition, I can extract the following information: First, Caiyun implemented the ancestors of theft of rose dew, Aunt Zhao, Jia Huan There are behaviors of nests; second, there are illegal behaviors that transmit items transmitted by private phases between Caiyun, Aunt Zhao, and Jia Huan.

Secondly, in addition to the parties' self -recognition, there are other sidelines and "judicial" confidence. When Ping'er verified whether Fang Guan sent Rose to Liu Wuer in Yihongyuan, Qingwen first laughed: "No one else on the wife's Lu, clearly stole the geer. "Even the" judicial "Ping'er knew about it himself. She took Qingwen and said," Who knows that it is the reason ... the thief is the thief, and there is no stolen evidence, how to say him. "It can be seen that Caiyun and Jia Huan The private sentiment and the usual theft and private phase transmission behavior are the secrets of the Rongguo government.

Law applicable: national law and family law

Application for laws can be inspected from the perspective: national law and domestic law.

National law level. The "theft" article "Theft" stipulates: "Any theft has been done without wealth, 笞 50, spines -free. . The first offenders were on the right arm, the stabbing theft, and the criminal assassination of the left small arm, the three offenders, twisted (waiting). Two thousand miles a hundred miles ... more than two twenty or more, twisted (waiting). "At the same time, according to the" relatives stolen "regulations:" All lives, relatives, stolen property, and family members to reduce mortals five. Four merits, minimal minus, second -class, and second -class, unsatient -free relatives and one, and no thorns. Its cohabitation slaves, employees, stealing parents, and self -stolen are reduced. First, spines are free. "This shows that the feudal society with scarce supplies is very harsh on the crime of theft. It is only for relatives and slaves to steal the family property. Because the criminal object is a cohabitant, the social harm is slightly reduced, and the punishment is slightly lighter than that of ordinary theft.

Caiyun's successful exposure, that is, the crime is not only successful, and the "getting money" stipulated by the law should be discussed according to the value of theft and the number of thefts. From the dialogue between the 34th time to the people with Mrs. Wang, the rose dew is "rose clearing", which is "entering", and is undoubtedly extremely valuable. The crime of ordinary people is that the value of wealth is less than one or two, and they must also "sixty sticks", slaves are reduced by one, and still have to be 50. For example, the flower girl, her body is weak, and she is responsible for fifty. In addition, Caiyun thought that "we have taken it at home, and everyone to give away is common." It is also common. " Since it is "common", it means that the number of thefts is large and the amount of theft is large.

Besides, Aunt Zhao and Jia Huan. "The Law of the Qing Dynasty" "The Lord of the Thieves" stipulates: "The theft of the theft of the nest is not working, but the person who is divided into the first theory is the first theory. For the followers, it is still theory without distinction and stolen stolen. Caiyun said: "Stealing Dongxi was originally aunt Zhao told me again and again. I took some love with my brother." Then Aunt Zhao belongs to the "creation". The molecules should be "the first theory."

For Jia Huan, although he did not "make things", it belongs to "dividing the stolen stolenum" and should be treated according to the crime. Although both of them belong to the "reduction of mortals" in the "relatives" strip, they are not tattooed. But in strict accordance with the law, at least it is also punishment.

Family Law level. From the plot in the book, the transmission of private phases should refer to the behavior of not being allowed or reported without permission or reporting. Although there is no lawful law, the family rules of Jiafu are prohibited from being transmitted by private phases. In the first 80 rounds, many places written in private phase transmission. In the 34th round, Baoyu sent Daiyu's old handkerchief after being beaten. Daiyu's psychological activity, "Suddenly sending two old pieces of old Pozi, if it wasn't for me, I just watched this Pazi, and it made me ridiculous; If you want to pass on to me, you can be afraid. "

In the 74th round, when copying the Grand View Garden, because of the painting of Xi Chun, he hid Jia Zhen's shoes, socks, gold and silver tweezers, etc., and said, "I don't know. You want to hit him, anyway, take him out, I can't hear it. "Sister Feng laughed:" If this is really, it can be forgive, but it should not be transmitted in private. Passing. This is not the one who passes people. If this is not true, if it is stolen, don't want to live. "

Later, Wang Xifeng asked You to verify, and You said: "It is actually your brother who appreciates his brother, but he should not transmit it without permission. Now the official salt has become a private salt." In the end, Xi Chun will be driven away and told Youshi. I will not care about the painting "or kill, or kill, or sell it." And Caiyun sent the stolen goods privately, which also violated the prohibition of privately transmitted the private phase in Jiafu's family law.

Category retrieval: privacy and deportation

Theft. In the 49th round, the main virgins of Grand View Garden "cut the fishy" to eat venison, and the Pinger shrimp bracelet has one less. After returning, Ping'er found Baoyu's maid's Muski, secretly told her that she was the little girl from Yi Hongyuan. And told them: "In the future, do not call him to go elsewhere. When the attacking people come back, you discuss it, and you will be done." , Poke the pendant with a piece of green (a slender jewelry), "staged to him" and pushed him out of Jiafu. Private phase conveying case. In addition to the above -mentioned paintings, in addition to the transmission of Jia Zhen's private phase, they were expelled by Xi Chun. When Wang Xifeng took someone to check the Grand View Garden, he found that his chess was expelled from the house.

In the reality of "no slavery, rather than death", "leaving" Jiafu did not allow the pendant to bear criminal responsibility, nor was it punished by the family law and chess. Such as Jin Yan, Si Qi committed suicide, Qingwen died, Fang Guan became a monk, etc.), "leather" Jiafu Shi was a very severe punishment.

Human sentimental obstacles: Tanchun and Caiyun

When the facts of the crime can be determined, the law is more clear, and there are cases of cases to provide reference, Caiyun, Aunt Zhao, and Jia Huan should be punished. However, there are too many elbows. These constraints are mainly human feelings.

The first is Tanchun's feelings. Tanchun is the master, and he is replaced by the housekeeper of Wang Xifeng at the time of the incident. Aunt Zhao, the owner of the Wo, is the mother of the spring, and Jia Huan is the younger brother of Chunli. Therefore, Ping'er said, "This is also a trivial matter. Now it is easy to get stolen from Aunt Zhao's house. I am afraid that I will hurt the decentness of a good person again. Others are in control, and this person is not angry again. The pitiful thing is that he refused to hurt the jade bottle for the mouse. "" The owner is normal, and it hurts the decentness of a good person, so it is difficult. " "Jade bottle" and "good people" of course refers to exploring spring. If you "stolen" and punish Caiyun, Aunt Zhao, Jia Huan, etc., the cold -hearted Tan Chun, who is "everywhere" because of Aunt Zhao, "has no face" again.

Followed by Caiyun's feelings. Theft of Caiyun, and Ping'er, was the "family and daughter" of Jiafu, and grew up in Jiafu since childhood. So Ping'er said, "This thief is a sister who is good with me." Since they are good sisters, they are naturally unwilling to hurt them. When "Love" Jia Baoyu thought of theft, he said that Caiyun, who was integrated with theft, private phase transmission, and the master of the master, "it really is a serious person". Caiyun's other good sister attacked people. After Baoyu's initiative to propose "back pot", she also said that "it is also a yin, preserving the name of the thief."

After the discussion, Ping'er reported to Wang Xifeng's "facts". The calm and smart Wang Xifeng didn't believe it at all. She said: "If we believe it, if we will do so in the future, how to govern people. We must pursue it carefully." Caiyun and Yuyu "padded with magnetic tiles, kneeling under the sun, and tea rice, do n’t do n’t do it. Do n’t do n’t do it. For eating, just kneeling one day, it is iron, and it is also a matter of guarantee. " He also believes that "the flies have no eggs", and the Liu family, who passed the private phase to the Liu family who violated the family law.

Facing Wang Xifeng's mentality of strict law enforcement and investigating the end, Ping'er advised her: "Why not come to fuck this heart! You have to let go when you let go. What is the big deal? People are complained. "Wang Xifeng in the sick was helpless and had to give up. Ping'er came out again to instruct the housekeeper Lin Zhixiao's family: "Big events turned into small things, small things turned into a prosperous family. If you can't get a little ideas, you will toss the bells and drums."

It can be seen from the expressions such as "you have to let go", "You must be grace", "big things turn into small things, and small things turn into nothing." Only pursue to win people's hearts and lighten people's debts.

Judgment of Ping'er: "He thin mud"

In the end, under the encouragement and pressure of human feelings, Ping'er adopted a "harmonious mud" method:

Claiming illegal crimes as Jia Baoyu's farce. Say Baoyu, Caiyun, and Yu Yan joking, "I went to the two seasons that did not be guarded, what did I get in. I don't know these two karma." As a result, the Liu family "brought back the mother and daughter, and went to be bad as usual." Caiyun, Aunt Zhao, and Jia Huan were shocked, without any damage.

"If the person in the law is strong, the country is strong, and the law of the law is weak." The same is true for the Zhongming Dingli Food like Jiafu. "Justice" such as Pinger can be affectionate, but the sentiment is under the law. You can apply for love with the law, but you cannot use love. There is a law that is not based on the law, the love is so good, the courtesy and the dislikes collapse, and the demise of the Jia family has been caught up with the fast track. Ironically, the sheltering behavior caused Caiyun to be infamous. I do n’t know that Jia Huan did not appreciate it. It was an anti -Lai Caiyun and Baoyu.

(Author unit: Chongqing Third Intermediate People's Court)

Source: People's Court Report Author: Zhang Jingwei

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

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