164 The Law of the Great Yu
In the past few years, Dayu has raised the power of Western Europe, recovered the Yi country, Jingping the border, and governed the east of the country, and it seems that every year there is a great merit so that the government and the opposition can sing the praises of virtue, and the gods are simply 'comparable to Yao Shun, Gong Gai Han Wu'. Only the people in the Privy Council never said a word, the emperor said, where is this, then the Jingxi army should be in Ningyuan to the line of Zhaisang Lake, and the Zhenbei army should step on the entire Mengwu grassland in the area of Kulun and Lubin, and no foreigners will worry about coming around and leaving in the future.
Of course, when the time comes, they will also be Dayu people, no difference.
The most direct result of the expansion of the territory is that there are too many people on the outside, and the work of grinding on internal affairs is much more meticulous and gentle than sending troops out to show off their might.
From the year when the Andong army was first sent to Nanyang, Shenzong used various preferential policies to attract the people of the Central Plains to go out of their hometowns, and disseminated and predicted the special products and materials needed in these areas through newspapers. After the war in Tibet, the Western Regions, and the Northeast began, he vigorously strengthened the work of the Dali Temple and the Metropolitan Procuratorate, cracking down everything from corruption and bribery to picking quarrels and provoking troubles, and vigorously grasping economic crimes in collusion between officials and businessmen, and causing many prisoners to be exiled to the frontiers.
For example, taking advantage of the fact that the queen has several families of pregnant women, she will abandon Boli to open up the wasteland; The Marquis of Xiangcheng and his family, who had always been unwilling to hold their breath, made a mistake, and even sent the tenant farmers under their name to Shule to plant apples. In addition, under the stimulation of maritime trade, most of the arable land in the south of the Yangtze River, which was originally the land of fish and rice, became cash crops, and there were more people using looms. Fortunately, the Indochina Peninsula was included in the territory, and the harvest was bumper year after year, and the granary was abundant, so that there would be no large-scale famine.
As for the extent to which law enforcement should be strict, the punishment for one crime is extremely fine, and the sentencing ranges from ten times the fine to 'five generations cannot be referenced', plus allowing 'fishing law enforcement', forcing the imperial historians in the civil official group who claim to be 'loyal and upright' to stand on the opposite side of the entire official system and cut off the unspoken rules of human relations. For example, 'no more than 100 taels of bribes can be bribed', the imperial historians can send someone to secretly send an official to send an antiquity of value that ordinary people do not recognize, and when the family accepts it, they will immediately take the inspection department to the door for inspection, and they will be arrested one by one.
Why are the imperial historians willing to stand on this basis, because the department of the Metropolitan Procuratorate, together with the Dali Temple and the Criminal Department, was redivided by the Divine Sect through the cultivation of the law.
At the beginning of Shenzong's accession to the throne, he laid down two principles for the Ministry of Criminal Law:
First, 'going out of the law and entering the punishment', with the code as the bottom limit, with the religion as the goal of 'benevolence', if the bottom limit is exceeded, the punishment will be severe, and the matters that do not violate the law but do not conform to the etiquette and religion will be judged as appropriate;
Second, it is necessary to determine the separation of criminal law and civil law, that is, 'criminal law is the law of the country, and the people are the rules of business', with the emphasis on 'protecting the people', enlightening the people's livelihood, reducing the people's endowment, sheltering their property and land, helping them to be in distress and embarrassment, and extending it to the people outside the national territory.
If you are poor, you will change, and if you change, you will be able to do it for a long time. There is no immutable rule of law in the world, and 'the more incidents occur, the more dense the legal principle', and after experiencing the upsurge and conflicts of going abroad, the law naturally has to keep up with the pace of economic development. The "Great Yu Law" was written in the fifth year of Shenzong's frequent wars in the Western Regions and the Northeast, and with the power of maritime trade expansion, it was successfully implemented when Shenzong went to the West in the seventh year.
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The "Dayu Law" is divided into the first part of the general provisions and the second part of the sub-rules, and the content is "criminal, civil and political" three parts, the main punishment of the penalty, the democratic compensation, and the political master.
To revise the punishment, first determine the four types of punishment: 'death, disability, exile, and wealth'. Among them, the new "cruel punishment" was originally mainly designed for prisoners of war, such as cutting off thumbs, cutting tendons, and losing one's eyes, etc., which could make the cavalry lose its combat effectiveness and retain a certain ability to work. Later, it developed into the use of corrupt punishment for rapists, and the severance of fingers for habitual offenders who murder or steal, and incapacitated them to commit crimes. Detention is only used as a temporary detention, not as a form of punishment. If you want people to stay in one place and not move, instead of wasting space and manpower to guard him, it is better to cut off his foot directly. Moreover, the death penalty is directly beheaded, and torture such as Ling Chi, hanging, and beheading is not engaged. The fines were further increased, starting from ten times, and the exile to the border for less than three generations was a 'crime' that could not apply for passports and identity cards, and the fifth generation could not take various examinations. Gu Ciben is very unacceptable to this kind of disguised corporal punishment, but 'existence is reasonable', so many prisoners if they do not lose their combat effectiveness, it is a great hidden danger, and it can be regarded as the most effective measure to force them to change their lifestyle, not to mention that there is also a punishment of 'chemical castration' in modern times, so he did not say much. However, she still put forward her own opinions, the increase in punishment naturally has to deal with the increase in commutation measures, teaching and educating people is the top priority, as long as good students can be taught, future generations can be removed from the crime and can be referenced.
Secondly, the criminal name is further classified and refined, such as corruption and bribery, which is subdivided into the crime of accepting bribes, offering bribes, perverting the law for bribes, dereliction of duty, etc., corresponding to different punishments, and 'joint sitting' is subdivided into two types: personal benefit and family crime, for example, the head of the family steals money to buy things for the children, and the wife and children are also punished, but if there is a bad record of prostitution and gambling, it is a person who goes to the side. At the same time, there will be a relaxed part, such as 'marriage with the same surname' and so on into the category of 'do not sue and ignore', and there are some things that are generally resolved by the clan, such as adultery, heirs, recruitment, remarriage, etc., only the principle and the bottom limit are stipulated, and the specific matters shall be subject to the filing of the clan elders and the parties concerned with the government. Of course, there are also restrictions on clan power, such as 'five suits hidden' changed to direct blood relatives and teacher-student relationships, others can not report, but they must not hide when questioned, otherwise they will be regarded as accomplices.
Finally, the content of national-level crimes is clearly stipulated, such as the crime of 'obstructing diplomacy' to protect envoys, and the crime of 'treason' compared to 'conspiracy' of complicity in 'rebellion', from selling intelligence, smuggling to financing enemies, all of which are criminalized, just like Shunshang in the past.
The civil law is mainly based on 'civil and commercial', the civil law is based on kinship, inheritance, national identity and property ownership, etc., and the commercial law is mainly based on the merchant registration system and the principle of compensation, maritime law and insurance law.
The political law is to determine that from the emperor to the criminals, they can submit anonymous reports to the Metropolitan Procuratorate for the misconduct of the ruling officials, to put it bluntly, it is the spread of imperial historical power, but it is only taken out separately to show the emperor's magnanimity and benevolence to the people, 'not to take the people's opinions as grievances, and to avenge the people', which is more effective than Dengwen Drum.
The revision of these criminal codes was formulated by the entire Criminal Department on the basis of various precedents since Shenzong opened the sea trade for so long, and it can be said that the determination of any law and regulation can cite actual cases. On the other hand, Wu Shangshu did not suffer from the large-scale attacks that his predecessors most often encountered, and even the fear of his life.
However, civil law must be the most controversial point, and it is more obstructed than the emerging content of commercial law.
For the national identity of 'everyone can have', because the timing and environment of its promotion are more appropriate, it has not received much resistance, but after it is implemented, it has a great impact on the relationship between concubines and slaves. For example, in order to earn the first pot of gold, many people used to send their concubines and loyal servants out to make money, so that they could get their money or be registered as the people's passports, so now how to divide the money earned by these people and who should belong to it is a question mark. In the end, the result of the discussion between the Criminal Department, the Ministry of Rites and the invited Su Confucian, made it clear that the children of the concubine who have passed the blood verification and registered in the family tree have 'half of the inheritance right', and those who are not in the family tree have no right to inherit the paternal inheritance, and the slaves or hired laborers have no right to inherit the father's inheritance except for the monthly wages, and the government provides registration and notarization services for the family property and slaves, but if the number of slaves exceeds the prescribed number, it is better to sign the employment agreement, even if the content of the deed of sale is signed, or the person who buys the criminal title will be a slave.
This change also indirectly divided the social classes into three categories: 'crime, people, and officials', blurred the status of slaves and maids, and divided them into hired laborers in the 'people' or slaves in the 'crime'. When you insist on not wanting to be a slave and can't get along in the local area, you can only go out and wander.
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Since the legislative power is concentrated in the criminal department, then the Dali Temple has to exercise complete judicial power independently, and now mentioning the 'separation of powers' is a joke, and it can only be adjusted in the procedure. Each level of government has a primary and local courts, and the administrative relationship between the general judgment and the position is attributed to the Dali Temple, and the appointment and dismissal of personnel, the financial budget, including acceptance, trial, review, and review, are not affected by other departments.
Another vertically led department is the Metropolitan Procuratorate, the imperial history can supervise hundreds of officials impartially and independently, and now what Shenzong is doing is to release the power of impeachment under the supplement of Jinyiwei, remove the power of adjudication of the three divisions, and make the Metropolitan Procuratorate the only institution that exercises the power of supervision on the surface, and can submit cases to Dali Temple without restrictions.
From the perspective of the process of a case, the Metropolitan Procuratorate accepted anonymous reports or investigated problems, brought the good hands of the Audit Department, and asked the local arrest department or the inspection department to cooperate in the investigation and arrest, and submitted it to the local general judgment or Dali Temple as a case, and the case was filed and judged, transferred to the Criminal Department for execution, fined, exiled, and imprisoned for beheading.
During the whole process, the arrest and jailers belonged to the Supervision and Arrest Department and the Prison Department of the Criminal Department, and the Inspection Department belonged to the armed forces of the Ministry of War, and they could not participate in the case at the beginning of the case and in the process of filing and trial, and the government at all levels had no place to open its mouth. Moreover, during this period, the personnel of other departments are also supervised by the imperial historians, and they are eager to have multiple cases, and the year-end bonus is one point thicker, if it is a major case across provinces, maybe they will be promoted directly next year.
Although it is known as the 'imperial history', these officials who actively investigate the case and want to catch even a thief are actually under the Metropolitan Procuratorate, which is responsible for dealing with anonymous reports and evidence handed over by Jinyiwei.
They are different from the traditional scholars and doctors, they are all 'Xu officials' who have been admitted from the University of Gregory, with laws and regulations as the standard, cases as references, performance and integrity first, and people block and kill people and Buddhas block and kill Buddhas.
The hundred officials are not without opinions, but those who dare to take the lead and provoke thorns are all given evidence by the Jinyi Guards to violate the law, or investigated by these imperial historians, and soon they are imprisoned and go to the field to dig food, which indirectly makes the matter of repairing the law less hindered.
Under the escort of Liao Yushi, Gu Yi and the emperor, the Metropolitan Procuratorate changed the tradition of the Imperial Historical Observatory of 'giving direct advice with blood' and working against the emperor, and set its sights on the pickets of hundreds of officials, which was more dangerous than when it was 'heard'.