Chapter 500 On the Legal System

With Wei Zheng's words, Sun Xiangfu was not polite, and said, "I think that it is more appropriate to formulate laws and regulations according to local conditions after local field investigations, and then formulate them according to local conditions, too wide, or too tight, or first wide, and then gradually tightened, it is not appropriate."

Once they get used to the loose law, they are no longer willing to obey the tightened law, so it's best to try to understand the local folk customs, and then set the whole main framework and make some minor changes later. ”

Sun Xiangfu's words, everyone present nodded in agreement, the local folk customs are quite different, it is a problem they have considered before, for example, the Central Plains region is forbidden to kill cattle, and in the grassland nomadic areas, cattle and sheep are one of the main foods, you implement the same law, it will definitely not work.

For example, salt, in the salt lake area of Tuyuhun, this thing is everywhere, it is not worth anything at all, you use the price of the Central Plains, the tax law to manage, it is definitely not appropriate, and then there are such as Yunnan, the whole people are making wild medicinal materials, tea and other things to earn income, the number of fields is very small, you rely on the tax law of the Central Plains to manage, it will definitely not work.

There are too many things and so on, the Ministry of Justice needs to set up a special department to compete for legislation, conduct research, and conduct practical statistics, but it is not something that can be decided by officials of your Ministry of Justice who hold a meeting in Chang'an and pat the table.

After discussing these typical problems with Wei Zheng and many officials of the Ministry of Law, everyone decided on the spot and had to do it, and then Sun Xiangfu began to talk about the second thing, which was one of the reasons why Sun Xiangfu came to visit Wei Zheng.

"What does Wei Gong think the law should defend the most?"

Wei Zheng replied almost without thinking about it, "Justice! This is a well-known thing. ”

Sun Xiangfu nodded and said, "That's right, it's justice, due to some social reasons, we can't use it, so that all social classes can be fair, but we can use it to protect social justice, then, in order to make it able to maintain social justice for a long time, as an official of the Ministry of Law, we should maintain its fairness, so that it is not easily destroyed by imperial power, military power, and political power, Wei Gong, do you say yes?" ”

"This is natural, no matter who wants to try to shake the justice of the law, the old man and the officials of the Ministry of Justice will not agree, even if it is Your Majesty, the old man will fight with reason."

"Wei Gong said well, but I heard that recently, Confucian students such as Confucius Saijiu are actively promoting the convergence of Confucianism and law. Could it be that they want to influence the laws of our Datang? ”

"This ······"

Wei Zheng is also a master of Confucianism, and it is the birthplace of Confucianism, the local scholar clan in Shandong, Kong Yingda made such a big move, naturally did not hide from him, and even, actively recruited him together, however, although he did not oppose the convergence of Confucianism and law, but opposed Kong Yingda's practice of vigorously supporting Li Tai, Li Chengqian is the eldest son, although his talent is not obvious, but at least there is nothing wrong with it, if they promote the two princes to earn the throne because of some of their interests, Wei Zheng thinks it is absolutely undesirable.

The Xuanwumen incident, too many people have died, he doesn't want this scene to be repeated, and he knows that the current situation in the Tang Dynasty is not easy to come by, if it is ruined by internal strife, it will be a pity, after Sun Xiangfu asked, he was shocked to realize that it turned out that the scholar group represented by Kong Yingda promoted the convergence of Confucianism, and actually had other purposes.

Wei Zheng asked with some confusion, "Zhengming thinks that if the law wants to be fair, it doesn't have to belong to any family?" ”

"Exactly. The coverage of the law, almost everyone in society, is in the hands of a specific group, the consequences are very terrible, Wei Gong, you can maintain a fair heart, this is very rare, but what about your successor? Can they all keep a just heart? ”

"This ······"

Not only Wei Zheng, but even the officials of the Ministry of Justice who were sitting here also entered into contemplation after Sun Xiangfu raised this question, among them, in fact, most of them are from Confucianism, and under normal circumstances, they will naturally be more inclined to give preferential treatment to Confucian students, and those who are in charge are like this, not to mention the people who are below.

As a result, in the local area, Confucian scholars will break the law, or Confucian scholars will argue with others, and when they go to the court to file a lawsuit, they will get a great degree of favoritism, and in the long run, the law may become something dedicated to protecting Confucian students, and lose its fairness.

Fortunately, when Sun Xiangfu proposed the establishment of the Ministry of Law, he set up a jury system and invited some people from other walks of life to express their opinions on the judge's sentence, otherwise, it is estimated that its fairness has long been questioned.

After Wei Zheng and the others were speechless for a while, they collectively looked at Sun Xiangfu, it seemed that this was the main topic he was going to talk about today!

"Wei Gong, our Tang Dynasty, now, is not only the Han people, on the contrary, after the household registration books of various places are reported, the population of the various ethnic minorities and the Hu tribe is much larger than the number of Han people, so the future of the Tang Dynasty will be a very complex multi-ethnic country, plus our territory is so large, in terms of governance, if you can't maintain justice, it will easily lead to the situation of falling apart. Doesn't it still let them gradually get out of control?

What causes this? I think that the law can not be subdued, is one of the main reasons, the Han law is too harsh on Zhuyi, and the Zhuyi is afraid of the power of the Han, and has not been able to live a better life under the rule of the Han Dynasty, not a sincere submission, which led to the rebellion.

On the road of conquering the Quartet, our Datang has embarked on a new path, absorbing and integrating and educating the surrounding ethnic groups by means of forgiveness and common development, such as the west, and my Datang has almost paid no actual price, with the help of the power of all countries, to eliminate the Western Turks, including the Western Turks, and bring more than a dozen countries under its rule.

However, these lands and populations are easy to obtain, and it is difficult to control them for a long time, so as not to cause them to be lost.

In addition to letting them gradually improve their quality of life and understand the benefits of being under the rule of our Datang, in terms of civil governance, we must also introduce a fair law, so that they feel justice, not oppression, let's not talk about people's livelihood for the time being, in terms of law, if we want to do this, we need the officials of our legal department to stand in a higher perspective, look at the law, and formulate the corresponding social order, so that the production and life of all the people can be guaranteed.

The impartiality of the law should be a thing that everyone should participate in maintaining, and it is a very important thing for the governance and inheritance of the country. ”

The total population of the existing territory of the Tang Dynasty has almost reached more than 30 million, of which the Han people only account for about 40 percent, and the reason why there are more than 30 million people is that after Li Shimin took the throne, the economic conditions of the people have improved, and the speed of reproduction has accelerated.

Among them, Goguryeo and the Western Regions accounted for the majority, with a population of about seven or eight million, and the rest, such as the Turkic, Tuyuhun, Dangxiang tribes, Lingnan Baiyue, Yunnan tribes, Silla Baekje, and those captured or captured from overseas, each ranged from dozens to more than one million.

This kind of situation in the ruling area, the Han population is less than the population of other ethnic groups, it is simply a miracle, however, if you want to maintain such a situation, even Sun Xiangfu feels very difficult, and it can only be blamed on the speed of the Tang Dynasty's expansion is too fast, and all aspects have not been consolidated.

"What Zhengming said is reasonable, but now, most of the people who can learn and understand the law are Confucians, what can you do with the old man?" Wei Zheng spread his hands and said.

He is not an unreasonable person, but the actual situation is like this, Kong Yingda, just mentioned a mouthful of Confucianism at the literary meeting, and most of the officials of the Ministry of Justice responded one after another, not only because they themselves are from Confucianism, but also because, in the officialdom, it is good to keep warm, and everyone hopes that their team will unite more people and master greater strength.

Even now that Sun Xiangfu has clarified the importance of legal justice here, there are still many people present who believe that if we Confucian scholars can't manage the Ministry of Law, other groups will be even more unable to manage the Ministry of Law.

The reason why Wei Zheng did not object was here, of course, if Sun Xiangfu had a high opinion, he wouldn't mind listening to it.

"Duke Wei, I don't mean to say that Confucianism can't be used to run the Ministry of Law, nor is it that Confucianism can't merge.

Academic things are, after all, academic things, and have nothing to do with politics.

The convergence of Confucianism and law is the status quo, and no one can change it.

But it's not the state of the future.

Even in academics, the two schools of Confucianism and law are completely merged, but the imperial court should not have academic restrictions in terms of judges, as long as a citizen of the second class or above, familiar with the law, and passed the scientific examination questions of the imperial court, he can go to the Ministry of Justice to be an official. ”

Hearing this, Wei Zheng nodded and said, "Academic matters really shouldn't have anything to do with governing the country, this is right, and the old man agrees." ”

Sun Xiangfu saw that Wei Zheng had clarified his thoughts, and said, "In order to ensure the impartiality of law enforcement officials, we must also take some measures to prevent the impartiality of the law from being undermined." ”

Ensuring impartiality is the most important thing that the Ministry of Justice needs to do, Wei Zheng heard Sun Xiangfu's words, and knew that he might have a way, so he immediately asked, "How to prevent it?" ”

"First of all, all law enforcement officials, must take an oath."

"Oath?"

"Yes, take an oath, swear to His Majesty the Emperor, and swear to the people of the whole world that I am willing to use my life to defend the justice of the law, and to uphold a fair attitude towards all people, rich and poor."

The ancients swore and kept their promises, which was much better than the modern swear of some people, and the officials who were corrupt and took bribes after the people swore in front of them, and after listening to Sun Xiangfu's suggestion, Wei Zheng's eyes suddenly lit up, and he felt that it was indeed a good way, and nodded and said, "This strategy is wonderful, in this way, there is no need to worry, there are too many Confucian students in charge of the Ministry of Law, and they are biased to help the Confucian group and oppress other groups." ”

'Don't worry? ’

Sun Xiangfu smiled in his heart, feeling that Wei Zheng was still too naïve, and vowed that if he could restrain a person, let alone a Tang Dynasty, the entire human race would be well managed, this was just a way for Sun Xiangfu to try not to let Confucianism control the entire legal system and abuse power when he had no way, now, only Confucianism understands the law, and in the future, it may not be, what if someone opens a law school in Shanyang, recruits people with a written foundation, and specializes in law?

As for the one or two hundred simple things of Tang Law, at most in a year or two, many people will be able to eat all of them, and when the time comes, you Confucian students may not have been able to pass these students who specialize in law.