Chapter 875: The Ultimate Matryoshka
"I kind of figured it out, you, the emperor, are gluttonous and have a tight appetite. You see, you can't fight on the battlefield, right, it stands to reason that when the generals reach this point, they should go into hiding, even in the court, they just practice closed meditation. It's not a threat. But now? ”
"I wonder why you were transferred back to Bianjing from Laizhou, and you were promoted and rewarded, and even the Empress Dowager couldn't move you. This kindness is great, and feelings are waiting for you in this matter. Wanyan Zonggan took a mouthful of melon seed skins vigorously, and blew away the mountains of melon seed skins that he stacked out.
"In the future, this kind of thing is absolutely indispensable. Tsk, do everything, it's a loss. Wanyan Zonggan shook his head again and again, the emperor of the Great Song Dynasty definitely didn't want to be so kind on the surface.
Wang Yu looked up and down, Yan Zong shook his head and said, "It is my duty to be loyal to the official family, I am willing!" ”
Wanyan Zonggan nodded again and again and said, "That is, it is difficult to buy people with money!" If you don't say that you are the emperor of the Great Song Dynasty, this was sold, and you gave the number of money, even if you know, you are willing, tsk, this level, I am far behind. ”
"Later, Xiao Changchao will pestle you there, saying what the official said, and the minister agrees very much. As soon as you sit there, no one will dare to make a mistake, tsk. ”
"It's as simple as that?" Wang Yu frowned and looked at Yan Zonggan.
"Yes, it's as simple as that. As long as you are still in Beijing, your official family is a big advantage, do whatever you want, and do whatever you want. Wanyan Zonggan nodded and said.
This is the reality, 50,000 troops are stationed in Chenqiaoyi, and no one in the entire court dares to make a mistake, dare not use any vicious tricks, and the three major prerequisites mentioned by the official family will inevitably be implemented.
"I see." Wang Yu nodded, stood up, entered the palace from the Xihua Gate, and entered the Wende Palace.
"Why does the criminal law re-emphasize the equality of all people before the criminal law? The premise of equality before the criminal law is the concrete embodiment of the principle of equality before the law in front of the criminal law! It is precisely because in all dynasties and dynasties, inequality before the criminal law is extremely common! Common! Song Shiqing turned red, and the words of this extremely awkward sentence were round!
Zhao Huan sat on the platform, looking at Song Shiqing's appearance, this speed and tone, resting on being a rap singer in the future, that is a first-class strong, Zhao Huan was a little dizzy by this large paragraph.
Equality before the law is a basic principle of the law that has been passed by the court before, and now the discussion is about the criminal law, and Song Shiqing insisted on writing the equality before the criminal law into the three major premises.
This becomes a point of controversy, which seems to be somewhat repetitive.
Song Shiqing just gasped for breath and said: "At the four levels of legislation, justice, criminal law and enforcement, we should achieve equality as much as possible. When our laws are formulated, we must get rid of the prejudices of the people, what are our people like? They believe that people are not equal, and that only by suffering can they become superior to others, what is human superiority? That's the difference between honor and humility! ”
"It's been more than a thousand years since the doctor shouted that the punishment was not enough, and we can't even do it at the legislative level until now, and when we all go down to the Yellow Spring, what face do we have to face the ancestors and ancestors!"
Zhao Huan motioned to Song Shiqing to take a break first, after all, this court is not a place where whoever has a loud voice is justified.
If you can't punish a doctor, you can't give a courtesy.
These two sentences first appeared in "The Book of Rites: Qu Li", which originally were: The monarch stroked the style, and the doctor went down; The doctor strokes, and the scholar goes down; Etiquette is not inferior. The punishment is not on the doctor's side, and the prisoner is not on the king's side.
Confucius's interpretation of Zhou rites has always had a very high authority in the Central Plains Dynasty, and he explained it in "Confucius's Family Language: Five Punishments": The so-called etiquette is not inferior to the common people, and the common people are not responsible for the etiquette, so they are not responsible for the etiquette.
It is about that the common people are busy and do not understand the etiquette, so they can't be harsh on the norms of etiquette.
Above: forgiveness, understanding. Bottom: demanding, repulsive.
Therefore, the punishment is not for the doctor, which means that the punishment is not tolerant of the minister's doctor, and the etiquette does not exclude the mean.
But as time went on, the punishment of doctors was slowly misinterpreted.
It wasn't until Zheng Xuan, a Confucian scholar in the Eastern Han Dynasty, commented on the Zhou rites, that he finally explained that he could not punish the doctor: if he does not punish the doctor, he will not break the law with the sage, and his violation of the law will be in the [Eight Discussions, Not in the Punishment Book].
And these eight discussions, in the Han Dynasty, were criminal laws that stipulated that crimes against eight types of people and not imposing mutilation of limbs must be handed over to the emperor for adjudication. The emperor of the Han Dynasty was more full of martial virtues, and in most cases, he was ordered to commit suicide by adding a sword to his own order.
In the Han Dynasty, these eight discussions were still the unspoken rules under the water, until at the end of the Eastern Han Dynasty, after Cao Pi usurped the Han Dynasty, his son Cao Rong officially lifted the eight discussions from under the water to the legal provisions when formulating a new criminal law, and became the Eight Discussions.
Eight Pi, from Emperor Wei Ming, a total of 1,600 years, has never been broken.
It is expressly stipulated that the following eight types of people who commit crimes shall not be tried by ordinary judicial organs and must be submitted to the emperor for adjudication.
These eight types of people are: the relatives of the emperor, who refer to the nobles of the emperor's relatives and relatives; Discussion refers to the emperor's old and classmates; Yixian refers to a person with high moral and respect, such as a village sage; Parliamentary ability refers to people with outstanding ruling ability, such as: military generals, officials above the prefect;
Discussion of merit, refers to those who have made great contributions to the country, opened up the territory, and the iron scroll Danshu; Yigui refers to the upper-class aristocratic bureaucracy, who has the title of prince and prince and baron; Yiqin refers to people who have made great contributions to serving the country, such as technical talents such as Hu Yuan and Wang Chongyang; The guest refers to the nobles of the previous dynasty and their descendants, such as the descendants of the Chai family and the widows of the mite Qing.
Relatives are virtuous, meritorious and diligent. It's for eight discussions. And these eight types of people, that is, those who are beyond the letter of the law, and those who discuss the eight kinds of people, are often the source of exploitation.
In the Great Song Dynasty, in addition to the privileges of the above-mentioned eight people, another kind of person was added, the scholar.
Song Shiqing took a sip of herbal tea, put down the teacup in his hand, stood up again, and said: "In the second year of Xining, Emperor Shishenzong, Zhang Zhongxuan, the governor of Jinzhou, was corrupt and perverted the law, and did many evils. ”
"After hearing about this case, Su Song, the governor of the trial court, said to Emperor Shenzong that in ancient times, the punishment was not for doctors, and Zhang Zhongxuan was an official who lived in the fifth grade, and if he was sentenced to death and made to be affiliated with his apprentices, even if he was not worthy of mercy, he would still be punished too severely, because the reputation of this scholar doctor would be dishonored."
Emperor Shenzong thought it was reasonable, so he exempted Zhang Zhongxuan from the punishment of the spine rod and the punishment of the spine, and the place of exile was changed from Qiongzhou to Hezhou! Since then, the cane law is no longer applied to officials, and it has become the inherent system of my Great Song Dynasty! What is it? ”
"Who made the doctor's face insulted? Is it my criminal department or you Dali Siqing? Or was it the Criminal Court, the predecessor of the Criminal Department, which insulted the reputation of the scholars? ”
"It's him Zhang Zhongxuan who is corrupt and perverts the law and does a lot of evil! He insulted the reputation of the scholar! Not only that, but he also insulted the seriousness of my Great Song law! ”
"In this case, who insulted whom!"
"If you can't punish the doctor, you can't give the common people, how can the doctor not be given preferential treatment in sentencing, and the common people will not be excluded from the etiquette. Today, scholars and doctors are on high ground, and all civil and military officials who commit crimes that should be punished with canes can be fined, demoted, dismissed, etc., instead of punishment and directly applied? You tell me! Is this still the law? Is this still a weekly gift? ”
"I'm done with what I'm going to say." Song Shiqing is a Zhou Zheng person, he has always been jealous and hateful, and after speaking, he sat on the chair and sulked.
Zhao Huan looked at the silent court and asked, "Who wants to object?" ”
The courtiers looked at each other, and when the 50,000 army was outside the city and the military power was in the hands of the officials, they could only reason with this kind of court discussion, not play scoundrels.
It is necessary to make the truth clear in order to convince the majority.
But obviously, what Song Shiqing said is very reasonable.
Zhao Huan looked at Chang Chao, when nearly a hundred officials were sprayed useless, he just shook his head again and again, the natural inferiority of the literati has been vividly reflected, this is a group of cowards.
When Zhu Yuanzhang and Liu Ji of the Ming Dynasty discussed the issue of treating the monarch and the minister with courtesy, Liu Ji followed the tone of the Song Dynasty.
Ming Taizu Zhu Yuanzhang deeply agreed with this, and wrote [Liuqing is precious, and it is not appropriate to humiliate with details] in the legal documents. Then set up the "Great Message" to vigorously peel the skin and pull the grass, the corrupt officials and corrupt officials peeled the skin and filled the grass, and put it at the entrance of the yamen and the land temple for people to spit on.
Later, the Ming Emperor gave full play to the punishment of the ancestral training staff of Zhu Yuanzhang, coupled with the gradual increase of the factory guard system, which can be said to be extremely humiliating to the scholars.
I haven't seen how the Ming Dynasty is, what kind of turmoil in the country, and the alarmism of the country will not appear at all.
However, later Emperor Chongzhen killed Wei Zhongxian, and abolished most of the factory guard system, so that later for 700,000 taels of silver, he could not mobilize the Guanning army Qin Wang, and Li Zicheng entered Beijing.
When Chongzhen hanged himself on the crooked neck tree in the coal mountain, Li Zicheng entered the city of Beijing, simply looted, obtained more than 70 million taels of gold and silver, and drove away!
After the mite cleared into the customs, in the eleventh year of Shunzhi, in the case of only the eleven provinces of Han Province, the edict was issued that everything should be subject to the accounting records of the old calendar, and the natural grain, grain, etc. were all according to the old calendar, and the provincial accounting revenue was expected to be 8 million taels for the year, and the actual cash for the year was 21 million taels, and the grain was 5 million stones, and finally the silver was 31 million taels.
Is Daming out of money? It's just that he Chongzhen can't take it out.
Why can't he take it? He even broke his own knife, reasoning with the scholars, how could this be collected?
"If there are no objections, the principles of this new criminal law will be so decided." Zhao Huan nodded contentedly, Song Shiqing, a jealous and hateful scholar, this knife is very sharp.
At least the arguments and arguments will spray this group of clever ministers to the ground.
Zhao Huan looked at the eyes of the ministers looking at each other, and said with a smile: "I know what you are thinking in your hearts, from the beginning of the formulation of this law with the core of anti-exploitation, the eight discussions have violated the core of the law, of course, it must be deposed, and it must be deposed!" ”
"In order to convince you, I have prepared a story, and you should listen to it."