Chapter 991: The New Law of Hualu
Luo Zhaoyun returned to the imperial study and saw a neat set of "Kaiyuan Hualu" on the table, with dozens of manuscripts, listed together, which was a new code formulated and perfected by the three departments of the Ministry of Internal History, the Criminal Department, and the Dali Temple, based on the "Kaihuang Law" of the Sui Dynasty.
Originally, when he was king in the northwest, Luo Zhaoyun sent people to formulate laws, but they were relatively simple and easy to understand, with little content, and were only used temporarily, to restrain the local people and the army.
After entering Chang'an, combined with the law of opening the emperor, and the new law of the northwest and the Tang law, all of which were mixed, and after several cultivations, it was basically written.
This is Luo Zhaoyun's idea of "governing the country according to law", requiring Xin Gongyi, eldest grandson Wuji, Fang Xuanling, Pei Hongxian and others to improve the legal code, and take the guiding principle of "the law is the law of the world, not the law of one person", earnestly consider the fundamental interests of the people, and not excessively favor the aristocracy, gate lords, imperial power, and so on as in the past.
"Lord Xin, are they waiting outside the palace?"
Zhong Dequan, the chief eunuch, bent over and said, "They are all waiting outside the palace, let people present this to Your Majesty." ”
"Summoning all those ministers in, I will ask a few words, this book of "Kaiyuan Hualu" is completed, ask a question."
"Whoa!" The chief eunuch went out of the room, and then said to the eunuchs outside, and asked them to go out to receive people.
In less than half a tea time, five or six ministers entered the imperial study, serving Yu Shinan, Xin Gongyi, the criminal department, Yu Zhining, the governor Sun Wuji, the secretary of Dali Temple, Fang Xuanling, and Pei Hongxian, the young secretary of Dali Temple, saluted His Majesty.
Luo Zhaoyun has already taken off his court clothes, put on a brocade robe, wrapped a python belt around his waist, and his face is like a crown of jade, but his short beard is slightly left, and he looks dignified, and said with a faint smile: "Ladies and gentlemen, you don't need to be polite, just after the super meeting, you haven't returned to the house yet, so you come over to continue talking about official business, it's really hard." ”
"As a minister, we should do our best, and only then can we repay Your Majesty's kindness." Yu Shinan bowed his hand and said a kind word respectfully.
The rest of the ministers also gave up their hands, although they didn't say any words to praise virtue, but they were still able to read books, and they still had a lot of respect for His Majesty today. Not only the imperial power in Luo Zhaoyun's hands, but also his literary and martial arts are all first-class level.
The founding emperors are often able to control the military generals very well, because of their skills, courage, wisdom, etc., they are all outstanding heroes of this era, and they can convince the ministers and be willing to serve their lives.
"The new law has come out, I just flipped through it, and the criminal law is indeed much simpler than before, and a lot of torture, capital punishment, etc. have been abolished, which is very good, after all, killing people is not enough, and there is no need to deal with criminals with all kinds of vicious methods. It is normal for those who commit heinous crimes to be killed and scraped, and ordinary people pay for their lives when they kill people, and they can only die as soon as they die, and they should not be tortured in every way. As the saying goes, 'the dead cannot be regenerated, and the law is lenient', and those who can be dealt with lightly should not be too harsh. Luo Zhaoyun explained his point of view.
Xin Gongyi arched his hand and replied: "Your Majesty, the ministers are also in accordance with this phalanx. Compared with the "Kaihuang Law" and "Tang Law", it has been streamlined and improved, and 160 articles have been reduced. First, abolish torture such as toe beheading, and add a stream of additional servitude. Second, the provisions on heavy sentences in the old law were reduced. Third, the scope of clan punishment and joint sitting has been narrowed. Fourth, the procedures, steps, and systems for the five punishments, the ten evils, the eight deliberations, petitions, commutations, redemptions, exemptions, analogy, and the repetition of the death penalty have been redefined......"
Luo Zhaoyun picked up a handwritten copy of the law, while listening to Xin Gongyi's explanation, occasionally nodding, analyzing the details and meaning of the other party's interpretation of the law.
"This time, there are also some humane changes, such as 'when the death penalty is imposed on pregnant women, it will be carried out after 100 days after giving birth.'" For another example, 'the back is closer to the five organs, and the punishment of the whipping is deposed', and 'the facial features are reduced, and the punishment and piercing the face are reduced' can be regarded as a certain degree of grace for the person who commits the crime. Xin Gongyi said.
Luo Zhaoyun nodded and said: "Very good, this set of criminal laws will come out, be announced to the world, and then it will be implemented to all states and counties." However, I feel that although a county magistrate is a nine-grade official, after all, it is too busy to manage the government affairs of several townships in a county, adjudicate cases, etc., and a person's energy is limited, so I plan to separate the judicial organs and set up special judicial officials. Although it is still subject to the deployment and control of the county order, it has its own department and system, which is responsible for the trial and sentencing of cases, and the criminal department and the imperial history platform must send people to join, there are supervision departments and trial departments, and the arrest task is still handed over to the warden, the county lieutenant is responsible for local military affairs, the county is responsible for government affairs, and the county order is responsible for overall management. ”
"Don't look at this as a small matter in the county, but the monarch is the main backbone, the ministers are the branches, and the people in this place are the roots, if they are oppressed, the local officials are insatiable, and they are forced to become prostitutes, forced to complain, and they are likely to revolt and rebel. In addition to having food, clothing, and local prosperity, it is necessary to maintain equality in the face of the law, and those who kill will pay for their lives, and other large and small disputes should be managed by special departments, each fulfilling its responsibilities, and there will be no abuse of the law, so that the reputation and majesty of the court can be established. ”
The eldest grandson Wuji, Fang Xuanling, Yu Shinan, Xin Gongyi, Yu Zhining and others, listening to Luo Zhaoyun's remarks, their eyes lit up, and the thoughts in their minds became a lot clearer.
Luo Zhaoyun actually borrowed the idea of the separation of powers, the legislative power, the executive power and the judicial power are independent of each other and check and balance each other, but it is not completely used, but selectively borrowed some, used in local management, and even used in the separation of powers in the court, to avoid one person monopolizing power in the local government, engaging in one word hall, covering the sky with one hand, and also to avoid the power of the ministers to arbitrarily determine the program of the dynasty, to the point of abolishing the imperial family.
Although Luo Zhaoyun can temporarily control the Chinese military ministers, it is because he was the first to establish the country, plus many means and abilities, can deter ministers, but his own descendants, growing up in the court, knowledge, ability, hardship, etc. are limited, it is difficult for outstanding people to appear, and the dynasty will only become more and more corrupt, which is inevitable in the closed society, and he is now trying to make the system as reasonable as possible, that is, to be able to continue the future Guozuo.
Xin Gongyi, as the secretary of the Criminal Department, can continuously sink the control and power of the Criminal Department to the local level, which is still beneficial to this department, and he is naturally happy to see it.
"Your Majesty has considered it thoroughly, and the minister agrees with this proposal."
Yu Shinan, Fang Xuanling and others also feel that there is nothing wrong with it, and it is true that the control of the local government has been strengthened, and it will avoid the occurrence of many cases of unjust, false and wrongful convictions and perverting the law and dereliction of duty, making the local judgment more professional, and having an examination and approval system to report to the imperial court layer by layer, which can also effectively manage the locality.
"The minister agrees." Several people gave up their positions.
Luo Zhaoyun glanced at these ministers, who were basically credible confidants, and said: "This matter is led by Shangshu Xin Gongyi of the Criminal Department, Fang Xuanling, the secretary of Dali Temple, and Yu Shinan, the internal envoy, the two of you will participate, and then call Wei Zheng to continue to discuss this matter, can you come up with a plan within a month?" ”
Xin Gongyi said loudly: "Your Majesty trusts the old minister so much, how dare you derelict your duties and slack off? The minister will complete it ahead of schedule and draw up a draft. ”
Luo Zhaoyun smiled slightly and said, "Very good, let's discuss it here today, it's noon, all the ministers should go back." ”
These courtiers retired and left the palace after giving the ceremony, and the matter of the new criminal law was basically decided in this way.