Neiyanfu Palace.
Zhu Guoxiang was taking care of the precious flowers and trees left by Emperor Huizong of the Song Dynasty. He cleaned up the circle and washed his hands, and asked: "What is Xingtong? There was "Tang Code" in the Tang Dynasty and "Da Ming Code" in the Ming Dynasty. Why was there only one "Song Code" in the Song Dynasty?
"Xingtong"?"
Ju Ming was lying on the rocking chair drinking tea and explained: "Xingtong is a compilation and interpretation of criminal laws. Because of the special political environment at that time, Zhao Kuangyin was very anxious to formulate the law, and it only took half a year. So he directly copied the Tang law and only changed it.
There are some words that need to be avoided. The compiler of "Song Xingtong" came from the Later Zhou Dynasty and had just finished compiling a "Da Zhou Xingtong", so most of the "Song Xingtong" was copied. For the compiler
That said, you can count yourself as copying yourself.”
Zhu Guoxiang roughly understood: "That is to say, compared to the "Tang Code", the overall legal framework of the Song Dynasty has not changed, but the specific case sentencing and legal interpretation have been changed?"
"You can say that." Zhu Ming nodded.
"What about Zhu Yuanzhang's "Da Ming Law"?" Zhu Guoxiang asked.
Ju Ming simply answered: "The Ming Code is more systematic, holistic, unified, and normative. It emphasizes procedural justice, judicial impartiality, and official integrity. The laws of the Tang and Song Dynasties have greater room for operability, and are more important to
The restrictions on officials are not enough. This is determined by Zhu Yuanzhang's character and philosophy of governing the country."
"That's okay. Procedural justice is very important." Zhu Guoxiang nodded.
Ju Ming said: "The focus now is how big a step we should take, and whether a big step will be too forward. For example, should the eight-member system be retained, and if so, how much should be retained?"
"What is the eight-discussion system?" Zhu Guoxiang knew nothing about ancient laws.
Ju Ming explained: "There are eight types of prisoners, such as relatives of the emperor, special talents, people with high moral standards, and people who have made great achievements. For these prisoners, officials can try but cannot execute them. They must be reported to the central court, and the central government will
The important ministers will discuss the matter. The result of the deliberation made by the important ministers will be submitted to the emperor for judgment."
"This is really hard to decide." Zhu Guoxiang muttered.
The father and son still retain modern thinking, but at the same time they integrate into ancient society, which creates a sense of separation in their understanding of many things.
After careful consideration, Zhu Guoxiang said: "The eight-discussion system can be partially retained, but it must be strictly defined. For example, it is impossible to objectively judge whether a person is highly virtuous or a ghost. There are also relatives of the emperor and the country. It cannot be said that they are related to each other.
.Furthermore, it is the result of the verdict discussed by the important ministers. If it involves the death penalty law, the King of Heaven and I cannot be exempted from it. The conditions for mercy in the Eight Council System are at most less than the crime of exile, and the murderer must pay with his life and must not violate it!"
"In other words, the prince must pay with his life if he kills someone?" Zhu Ming asked.
"That's right," Zhu Guoxiang said, "even if a pardon is required, it can only be granted by the emperor. Important ministers have no right to avoid death during consultation!"
The father and son began to discuss in detail, and finally directly reduced the scope of the eight-discussion system that had existed since the Wei and Jin Dynasties to the three-discussion system, and strictly stipulated the scope and content of its implementation.
First of all, there are relatives of the emperor, only blood relatives within the emperor's five realms. The relatives of the empress dowager, empress dowager, and empress are eliminated from the eight discussions!
Discuss the past (the old royal family and those who have been favored for a long time), cancelled!
Yi Xian (a wise man with high virtue and high prestige), cancelled!
The guests (mainly referring to the former royal family and the Kong family) are cancelled!
Yiqin (those who have done hard service to the country), cancel!
Talking about talents (those who have great talents who can stabilize the country), cancel it!
Those with great achievements and powerful people (first-grade nobles and third-grade officials or above) will be retained.
Some things must be preserved -
For example, a person who has made great contributions to the country's expansion of territory has too many interests involved. Once the judicial department is given the power to make judgments, it may cause very serious consequences, and even become a tool of political struggle. It must be done by the emperor and the central government.
Make decisions.
Another example is first-grade nobles and third-grade officials and above. These are all high-ranking officials. They must be discussed collectively by the central government and then handed over to the emperor for judgment. Otherwise, political turmoil will occur. (There are more detailed regulations for official crimes. Which level of department can judge which grade?
Officials must be strictly regulated. Many relatives of the emperor also have official status, which is included in the official crime regulations.)
Eight discussions changed to three, which is a historic leap forward!
In fact, Zhu Guoxiang and Ju Ming canceled the empress dowager and the empress' relatives' criminal complaint, which seemed to make the law more fair, but in practice it may have the opposite effect.
For example, if the queen's cousin commits a crime, in the past, officials could report it and hand it over to the emperor and important ministers. In the future, officials will have the power to decide the case and no longer need to report it. Instead, they will be too frightened to convict, or even help the person involved in the case to escape guilt.
.
Sometimes a more just law may be unfair when applied in practice.
This version of "Da Ming Law" will definitely be revised in the future and adjusted according to actual usage.
Only when both father and son are dead can the "Da Ming Code" be unchangeable, and future monarchs and ministers will use supplementary regulations to fill the loopholes.
It has been like this in all dynasties. Taizu and Taizong established the ancestral laws, and subsequent emperors made various supplementary regulations. No law is static.
After finalizing this, Ju Ming said: "There is also atonement, which is also constantly shrinking. The Song Dynasty was more strict than the Tang Dynasty, and the late Northern Song Dynasty was also stricter than the early Northern Song Dynasty. I think there is still a need to shrink the law. Zhu Yuanzhang's "The Ming Dynasty"
"Law" can be used as a reference, but it is only a reference."
Zhu Guoxiang said: "The atonement regulations can be cancelled."
Zhu Ming laughed and said: "Zhu Yuanzhang's "Da Ming Code", the atonement clause for misdemeanors, is more like a disguised form of fines and community labor reform. For example, whipping and cane punishment, the rich will pay for atonement, and the poor will contribute.
To atone for one's sins, even helping the government transport charcoal and move bricks can be used as an atonement."
"That's okay. In fact, it's a fine for minor crimes." Zhu Guoxiang nodded.
"But I don't agree with paying ransom for serious crimes," Zhu Ming explained his thoughts. "I think if you are sentenced to less than one year, you can pay a fine to atone for your crime, but if you are sentenced to more than one year, you must go to jail! As for exile and capital crimes, you can't pay money to avoid punishment!
"
These are groundbreaking things that can only be discussed between father and son and cannot be left to ministers to formulate.
Because the copper fines and atonement regulations of the past dynasties were too lenient to the powerful and wealthy.
When Ju Ming offended Emperor Huizong of the Song Dynasty, he was not afraid of being imprisoned at all, just because he had an atonement clause. He had not committed any of the ten heinous crimes, and he had an official status. No matter how serious the crime was committed by Emperor Huizong of the Song Dynasty, Ju Ming could pay a fine to avoid death or exile.
.
Ju Ming added: "What we need to formulate personally are laws for officials. In particular, the definition of official status. Are officials considered citizens? Do they apply to the criminal law constraints on people?"
"It's the people!" Zhu Guoxiang nodded.
When officials violate criminal laws, do they have to be guilty like the common people?
Of course modern people think they should share the same sin, but ancient society did not necessarily think so.
Zhu Yuanzhang set the precedent that "officials and the people are equally guilty" by killing his consort.
Ju Ming said: "The "Da Ming Law" we formulated should give a clear definition, that is, when officials violate the law, officials and ordinary people are the same criminal subjects."
"It should be so." Zhu Guoxiang said seriously.
The father and son discussed it for two days and explained the groundbreaking things clearly, and then Ju Ming wrote the general outline.
The "General Outline" is more like a simplified constitution, expounding the legal system of the Ming Dynasty and the nature of the country, discussing the relationship between the emperor-officials-the people, setting the tone of "the people are the foundation of the country", and then discussing the significance of compiling the "Laws of the Ming Dynasty".
Ju Ming called the cabinet members and the Minister of Justice, showed them the "General Outline", and elaborated on the groundbreaking things.
Everyone was silent, seeming to digest the new ideas.
In fact, Zhu Guoxiang had shown many things when he was governing Sichuan, and Zhang Gen and others felt it.
But when it was written into legal provisions, they were somewhat affected.
Under the laws of the Ming Dynasty, civil servants who did not commit any of the ten heinous crimes were sentenced to death, and even exiled could not pay fines to offset their crimes.
This is too harsh, it’s hard for an official to make a living!
Liu Yao, the Minister of Punishment, couldn't help but said: "Your Highness, once this law is promulgated, as the Minister of Punishment, I am afraid that I will be criticized by thousands of people."
Zhu Ming smiled and said: "I have read the "Song Xingtong" and the regulations in the early Song Dynasty. In the early years of the Song Dynasty, among the crimes committed by officials, corruption and perversion of the law were the most severe. Only a few decades later, corruption and perversion of the law were the most severe.
It became so commonplace that even the emperor did not bother to punish corrupt officials. It was not that the laws of the Ming Dynasty were too harsh, but that the Song Dynasty was too lenient to officials, even to the point of laissez-faire."
Now that the prince has set the tone, the ministers can't say anything more.
After reading the outline, Zhai Ruwen praised: "It is such a concise outline and extremely clear-cut, which can be a good practice for all generations."
For ancient times, it was unrealistic and unnecessary to formulate special classification laws.
Therefore, Ju Ming borrowed the form of Zhu Yuanzhang's "Da Ming Law" and classified the law under the name of six parts.
Official laws, that is, official regulations, formulate laws on corruption, dereliction of duty, malpractice, favoritism and other behaviors. These rules include selection of officials, promotion and promotion, rewards and punishments.
Household law mainly covers civil law, including taxation, marriage, disputes, property, commerce, publishing, etc.
Etiquette, wedding and funeral rules, social ethics and morals, even imperial examinations, etc.
Military law is actually military-related laws, and more detailed military laws are not included.
Criminal law, that is, criminal law.
Industrial laws, official engineering-related rules.
This method of legal classification impressed the ministers in front of me. It was clear and organized just by looking at the outline.
Ju Ming said: "Your Majesty is the president, I am the vice president, and all cabinet ministers are responsible for the compilation of the "Da Ming Code". The specific responsibility is left to the Ministry of Punishment, but it requires the joint efforts of all departments. The manuscript is submitted once a month and reviewed by me first.
, and then submit it to His Majesty for review. Try to complete it in eight months, and then revise it after three years of trial use. At that time, any omissions will be found and filled."
"Yes!" The ministers cupped their hands.
Ju Ming was extremely cautious about this legal book, because it may affect China for hundreds of years in the future, and it will still have continued influence even if dynasties change.
The people are the foundation of the country, and the officials and the people are equally guilty. These eight words are clearly written in the book.
Regardless of whether it can be achieved in practice, it must at least become a social consensus. Once someone violates it, he may get away with it, but everyone should know that it is wrong.
Right or wrong, this is very important!
Leaving the more detailed legal content to professionals to formulate, Ju Ming finally had time to meet with the Korean envoys.
This chapter has been completed!