罚不当罪 Disproportionate punishment
Explanation
指处罚的轻重与罪行的轻重不相称,一般指处罚过轻。
Refers to a punishment that is not commensurate with the severity of the crime, usually indicating that the punishment is too light.
Origin Story
战国时期,赵国法家思想家荀况在《荀子·正论》中提出“赏不当功,罚不当罪不祥莫大焉”,强调赏罚必须与功过相符。他认为,如果赏罚不明,轻重失度,就会导致社会动荡,人心不安。 故事里说,从前有个县令,贪污受贿,鱼肉百姓,罪行累累。可是,皇帝却因为这个县令是他的远房亲戚,只给他一个轻微的处罚,让他回家养老。百姓们对此愤愤不平,认为这是典型的罚不当罪。 而另一个故事则发生在一个小村庄里。村里的一个年轻人在一次意外中误杀了人。虽然他没有主观恶意,但法律面前人人平等,他依然要接受法律的制裁。然而,村民们都觉得他罪不至死,纷纷为他求情,县令最终判处他服役三年,以示惩戒。 这两个故事都体现了“罚不当罪”的含义。前一个故事中,县令的处罚远远轻于他的罪行,体现了权力的滥用和法律的缺失;后一个故事中,虽然年轻人犯了罪,但处罚相对而言较为宽容,体现了法律的人情味和对特殊情况的考量。 总而言之,罚不当罪既可以指处罚过轻,也可以指处罚过重,关键在于处罚是否与罪行相符,是否公平公正。
During the Warring States period, Xun Kuang, a Legalist thinker from the State of Zhao, emphasized in his work "Xunzi Zhenglun" that rewards and punishments must match merits and demerits. He argued that unclear or disproportionate punishments would lead to social unrest and insecurity. One story tells of a corrupt county magistrate who was embezzling money and oppressing the people, accumulating numerous crimes. However, because this magistrate was a distant relative of the emperor, he only received a light punishment and was allowed to return home for retirement. The people were indignant, considering this a classic case of disproportionate punishment. Another story takes place in a small village. A young man in the village accidentally killed someone in an accident. Although he had no malicious intent, everyone is equal before the law, and he still had to face legal sanctions. However, the villagers all felt that his crime did not deserve death, and they pleaded for him, and the magistrate finally sentenced him to three years of hard labor as punishment. Both stories demonstrate the meaning of "fa bu dang zui." In the first story, the magistrate's punishment was far lighter than his crimes, reflecting the abuse of power and the lack of law; in the second story, although the young man committed a crime, the punishment was relatively lenient, reflecting the humanity of the law and consideration for special circumstances. In short, "fa bu dang zui" can refer to both too light and too heavy punishment, the key lies in whether the punishment is commensurate with the crime, and whether it is fair and just.
Usage
作谓语、宾语;指处罚与罪行不相称。
As predicate or object; refers to a punishment that is not commensurate with the crime.
Examples
-
他的惩罚与他的罪行相比,简直是罚不当罪。
tā de chéngfá yǔ tā de zuìxíng xiāngbǐ, jiǎnzhí shì fá bù dāng zuì
His punishment was completely disproportionate to his crime.
-
法院的判决,许多人认为罚不当罪。
fǎyuàn de pànjué, xǔduō rén rènwéi fá bù dāng zuì
Many people felt that the court's sentence was unjust and too lenient.