Chapter 55 Heaven does not give birth to Zhongni, and eternity is like a long night
Shangshu Sheng of the Criminal Department said: "Your Majesty Shengming, the Duke of Zhou formulated the "Zhou Rite", in which the "Autumn Official? Si Kou clarified that "one is said to be a new country with a light code, two is said to be a criminal peace country with a middle code, and three is a criminal chaos country with a heavy code", I Ming Dynasty defeated Meng Yuan, the situation was grim at that time, so the country is governed with a heavy code, and now today under the Qingming Dynasty, you can use the middle code. ”
This is a little embarrassing, originally Zhu Youxiao meant to change the principle of punishment in the world, but Sheng Yihong clearly pointed out that this principle is very good, at most it is only necessary to change the original heavy code to the middle code.
Ye Xianggao stepped forward and said: "Your Majesty, according to the specific conditions of different periods, different punishment measures are adopted, and strict and lenient measures are adopted, which reflects a certain spirit of humanity; It is also the principle of combining rituals and laws and using each other. This is one aspect of the severity of punishment and the importance of punishment. However, when the application of penalties is adjusted according to specific practical needs, some uncertain questions arise as to who should define whether leniency or severity should be made, which will lead to corruption in the trial. ”
Xu Guangqi also stepped forward and said: "Your Majesty, the law is one, and the law is what it is, and it is not allowed to repeat the law in one period, and use light in the other period, so that the law can be changed at any time, and the minister thinks it is inappropriate." ”
The reason why Zhu Youxiao wanted to change this article was because of the severe crackdown by later generations. As a police officer, Zhu Xiaotian once discussed the issue of cracking down with his parents. He believes that every time a strike hard strikes may be able to bring about a certain period of social clarity, the result is that after about 20 years, there will be another wave of large-scale rebound.
Zhu Xiaotian once said: "Article 3 of the Criminal Law clearly stipulates the principle of statutory crimes, but we still use the punishment of feudal society when we enforce it, so it is strange that it will have an effect." ”
Zhu Xiaoqi, who was next to him at the time, didn't understand what he heard, but he remembered it in his heart. And after this generation, Sun Chengzong said in his lesson that the laws of the Ming Dynasty follow the principle of punishment and punishment. When he heard it in his heart, he had already made up his mind to abolish this principle that Zhu Xiaotian despised very much.
It seems that there are some people in this era who hold the same view, and I am not alone, he thought with relief.
Sheng Yihong only instinctively opposed the emperor to change this principle, he thought that most people would agree with his point of view, and he didn't want both the cabinet to oppose him, and he didn't know whether to stick to it or compromise for a while.
For the sake of this, let's compromise. He made up his mind that he would no longer speak against it, and of course he could not speak out in support of it, otherwise he would be attacked for flattery.
Fang Congzhe has been silent, he supports Sheng Yihong, but looking at the situation, it is better not to speak.
Zhu Youxiao said: "In troubled times, there may be positive aspects of his use of heavy codes, but the most important point of the law, I believe that the most important thing about the law is to be rigid and not to have the nature of arbitrary change. On the other hand, the law is seen as changeable at will, leaving room for officials to do their own thing during the trial. So I felt that this principle had to be abolished and that the law should have the seriousness it deserved. ”
As a result of these remarks, the vast majority of ministers agreed with the legislative principle of abolishing the principle that punishment is light and severe. Because everyone found that according to what the emperor meant, the law is rigid, which means that the emperor cannot interfere in the trial process of the case, and everything that should be sentenced must be implemented in accordance with the law, and there is no longer the possibility of extrajudicial mercy.
And Wu Rendu, the secretary of Dali Temple, is the most supportive, because when he tried Yanqingwei's illegality last time, he had objected to His Majesty's intention to punish him heavily.
Zhu Youxiao saw that everyone had no opinions, so he said, "Then be it." After the trial of each case, if the subject is not satisfied, he may appeal to the judge at the next higher level within a certain period of time. The judge at the level above may reject the original judgment or uphold the original judgment. And the trial of Dali Temple is the final result and cannot be changed. ”
Wu Rendu stepped forward and said: "Only Your Majesty can be powerful and blessed, although the judgment of Dali Temple is the final result, but the right of pardon lies with Your Majesty." ”
Ye Xianggao said: "Dali Siqing's proposal is wonderful, and the minister seconded it. ”
The ministers shouted together, "The ministers seconded the proposal." ”
Zhu Youxiao thought that this was tantamount to depriving the emperor of the right to interfere in the judiciary, and also leaving a small exception for the emperor to show comfort. However, this situation was also proposed by himself, but there was nothing. And the emperor's right to pardon is also a proper meaning of the question, so he said: "Then so be it, invent the will." As for the construction of courts at all levels, Dali Siqing is responsible for it. The compilation of the new "Da Ming Law" should be completed within this year. Next year, a new department will be opened in the Clerk's School, called the Law Section, which will be used to train judges. ”
In fact, there are still many problems in the law of the Ming Dynasty, such as the principle of suspecting a crime, such as the problem of extorting confessions by torture, but this is not a problem that can be solved all at once, it requires a high-quality law enforcement team, and it can all be boiled down to the problem of education.
When it comes to education, the textbook of "Common Sense" has been compiled and needs to be discussed by the courtiers at the end. Textbooks were distributed to every official who was qualified to go to court at the last court meeting, and this time it will be up to the ministers to give their opinions.
The clerk stepped forward and said, "I have already sent the textbook of "Common Sense" to all ministers, and you can say anything you want. If a particular article is opposed by the majority, it can also be amended. ”
The ministers are really struggling with this "Common Sense" textbook these days, because the emperor said that they can discuss it with their wives and concubines and children to see what they say. Officials found that in many places there were disagreements with family members.
At that moment, Wei Guangwei, the left attendant of the Ministry of Etiquette, stepped forward and said: "Your Majesty, there is not a single difficult word in this textbook, all of them are plain and unremarkable, which is suitable for the understanding of the small people. ”
Zhu Youxiao smiled slightly, this Wei Guangwei is good friends with Wei Zhongxian, so he naturally knows that this draft textbook was written by himself. He now has enough ability to bear this blunt flattery, of course, this is all thanks to Sun Chuanting, and he also likes to shoot blunt sycophants, so that Zhu Youxiao is already immune to this level of flattery.
He soon discovered that although it was a blunt sycophant, it was much better than direct criticism. Because Yang He directly began to scold him: "Your Majesty, the minister thinks that this first article, the sky does not give birth to Zhongni, and the eternity is like a long night, and it can't just point out that Confucius recounted the previous kings, invented the Six Classics, and accepted disciples to teach it." The great merit is indispensable, and the great words should be spread, but only Shengde can reflect the eternal and legacy for eternity. Those who do not have the words of Shengde and Shenggong in one body are as difficult as the sun and the moon, and those who are not compared to the sun and the moon cannot be obtained. Who can be true if it is not Confucius? Therefore, the minister thought that the first article was inappropriate. ”
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