罚不当罪 — “The punishment does not fit the crime”

In the late Warring States period, a renowned philosopher named Xun Kuang emerged in the State of Zhao, whose works were compiled as "Xunzi." This treatise comprises thirty-two chapters, one of which is "Zhenglun," dedicated to political discourse. In it, Xun Kuang put forth the view that rulers should set good examples for their people.

He argued that the overthrow of tyrannical rulers, such as the defeat of Xia Jie by Shang Tang and the annihilation of Shang Zhou by King Wu of Zhou, were beneficial rather than detrimental events. Xun Kuang advocated for strict and clear penal codes, asserting that criminals should receive punishments commensurate with the severity of their offenses. He contended that if murderers were not executed and assaulters not sentenced, it would foster an increase in crime and disrupt social order.

Some argued that ancient times only had symbolic punishments; for instance, tattooing was replaced by merely drawing on the face with ink, and nose-cutting by wearing a straw hat. Xun Kuang believed such methods were unworkable in turbulent modern times, as criminals would not receive due punishment, leading to an proliferation of criminal acts.

After elaborating on these points, Xun Kuang presented his core principles: one's status should align with their virtue, official positions with their talent, and rewards with their meritorious deeds. He warned that if these elements were mismatched—if status did not correspond to virtue, official position to talent, rewards to merit, or punishment to crime—it would lead to immense misfortune and severe consequences.