Chapter 19: Tang Law

In the Liangyi Palace, Li Shimin finally finalized the matter of ordering Li Jianguo to improve the law.

"Li Aiqing, can you tell me what you are going to do?" Li Shimin was very curious about how Li Jianguo carried out the improvement of the law, so he couldn't help but ask.

"Your Majesty, before the minister answers the emperor's question, can the emperor tell the minister what kind of law the Tang Dynasty obeys now?" Li Jianguo did not intend to revise the law, after all, the modern law was written after countless people's efforts and sweat. How can he do it alone? Therefore, Li Jianguo planned to revise and improve the original laws of the Tang Dynasty.

Li Shimin looked at Wei Zheng, "Wei Qing's family, you tell him." ”

"Yes." Wei Zheng replied respectfully, and then turned to Li Jianguo, "The current law of our dynasty is the "Wude Law" formulated by Emperor Gaozu based on the "Kaihuang Law" of the Sui Dynasty, and the content of it is basically the same as the "Kaihuang Law". ”

"Lord Wei, can you tell us about the main content?" Li Jianguo asked.

Wei Zheng nodded, "The Law of Martial Arts contains twelve articles, with a total of five hundred articles. These twelve articles are the law of name law, the law of guarding and prohibiting, the law of employment, the law of household marriage, the law of stables, the law of trespassing, the law of thieves, the law of fighting, the law of fraud, the law of miscellaneous, the law of arrest and death, and the law of breaking prison. Among them, the law is the general rule of crime and sentencing, which is the general outline, including five punishments, ten evils, eight discussions, and so on. ”

Li Jianguo nodded thoughtfully, in fact, the laws of the Tang Dynasty were relatively perfect for feudal society, and perfectly adjusted the relationship between various groups and members within the ruling class, thus ensuring the normal operation of the ruling institutions.

"Lord Wei, I don't know what five punishments these five punishments are?" Li Jianguo plans to start with the punishment and formulate a new set of punishments.

"The five punishments are divided into death penalty, exile, imprisonment, cane, and flogging." Wei Zheng replied without thinking.

Li Jianguo nodded, turned to Li Shimin, and said, "Your Majesty, the minister wants to start with this punishment first, and cancel the exile, cane and flogging. ”

"Cancellation? I'm afraid that's a bit inappropriate! Li Shimin was a little puzzled and didn't understand what Li Jianguo meant by doing this.

"Your Majesty, don't worry, I have a new idea to replace. Caning and flogging are meant to punish criminals, but physical punishment does not solve the problem at the root of the problem. We can change it to controlled release and criminal detention, and I would like to divide the sentence into fixed-term and indefinite, and the specific period is sentencing according to the size of the crime. Li Jianguo also referred to the knowledge he had learned and said it step by step.

"What do you mean by control and detention?" Li Shimin asked a little curiously, and several other ministers were obviously also interested, looking at Li Jianguo one by one.

"The so-called control is actually not to imprison criminals, but to restrict their freedom, and then to educate and reform them, generally for those whose crimes are minor and cause little harm. As for criminal detention, it is a short-term detention and a labor reform. Li Jianguo explained to them in 1510, "As for the fixed-term imprisonment, the period of imprisonment should be extended, and the sentence should be extended according to the severity of the crime, and the sentence of life imprisonment is naturally the practice of indefinite detention, and the sentence can be appropriately commuted under special circumstances." As for those who are extremely vicious, they are naturally directly sentenced to death. ”

Li Shimin nodded suddenly in understanding, but Wei Zheng frowned and said, "Lord Li, in this way, it seems that the punishment is more severe, will it be counterproductive to do so?" Moreover, if the prison period is extended, the burden on the court will increase, after all, after the prisoners are imprisoned, it is equivalent to the court supporting them. ”

"Lord Wei, there are no rules, there is no circle, the law is the foundation of the country, so that it can not only deter criminals, but also warn the people. As for the increase in the burden on the imperial court, I will naturally have a corresponding way to solve it. Li Jianguo said with a serious face, after all, he is from a society governed by the rule of law, and his legal awareness is naturally much stronger than these people in front of him.

Li Jianguo continued: "Under these punishments, additional penalties can be imposed, such as additional fines, deprivation of political rights, confiscation of property, etc., and the proceeds can naturally go to the state treasury. ”

"What does it mean to be deprived of political rights?" Li Shimin and several other ministers all looked at Li Jianguo with blank expressions.

"The so-called deprivation of political rights means that you cannot engage in politics, participate in scientific examinations, and still less hold official positions, so as to prevent some people with unscrupulous intentions from becoming officials."

"That's a good idea, I like it!" Li Shimin slapped the table and shouted.

Fang Xuanling and Du Ruhui glanced at each other, and both nodded with satisfaction.

"Your Majesty, although what Lord Li said is reasonable, but will it cause public anger in this way, after all, the punishment is too harsh, I am afraid it will cause a lot of dissatisfaction." Wei Zheng poured a basin of cold water on Li Shimin at once.

Li Shimin's face instantly fell, and just as he wanted to speak, Li Jianguo took the lead in speaking: "Lord Wei, don't worry, my idea hasn't been finished yet." The next is the key point, the minister wants to divide the household marriage law into the household law and the marriage law, the marriage law is naturally the marriage law, and the household law is the law about the people, to protect the interests of the people, including the prohibition of human trafficking, enslavement of the people, etc., so that the people's lives can be guaranteed, so that there is a real law to follow. ”

"Well, that's a good idea." Wei Zheng nodded and agreed, "But I'm afraid it will be quite difficult to implement." Because this move involves the interests of many people. ”

"I also know this, everything is difficult at the beginning, but it must be implemented, the core key of the law is that everyone is equal before the law, no matter who violates the law, they should be punished accordingly, so that the law can be deeply rooted in the hearts of the people and improve the awareness of the law." Li Jianguo said unswervingly.

"Okay, that's a good point, Li Aiqing, I definitely support your suggestion, from the princes and ministers to the common people, they must obey the law, otherwise they will be severely punished!" Li Shimin said with a serious face, "Li Aiqing, this matter should be done sooner rather than later, you should compile what you just said as soon as possible, and then present it to me for review." ”

"Yes, I obey!"

"Ladies and gentlemen, what do you think?" Li Shimin also looked at several other officials and asked.

Fang Xuanling laughed and said, "Your Majesty, the ministers naturally support Lord Li. Master Du, what do you say? ”

"What's so strange about your old fellow's support. The emperor and the minister have no opinion, after all, the minister also recommended Lord Li to the emperor at the beginning, so he naturally believes in his ability. Du Ruhui naturally agreed with Li Jianguo.

Li Shimin asked Hou Junji and the eldest grandson Wuji for their opinions again, and both of them agreed.

"Your Majesty, the ministers naturally have no opinion, but I'm afraid that when the matter is announced in the court, it will attract a lot of criticism." Wei Zheng also told the truth, after all, Li Jianguo's move violated the interests of many people, so naturally it would not go too smoothly.

"It doesn't matter, if they have an opinion, then I will express my position and support Li Aiqing." Li Shimin waved his hand and said, "Li Aiqing, since this is the case, can the perfected law be named?" ”

"Yes, the perfected law will be called the Tang Law!" Li Jianguo replied respectfully.

"Tang Law, okay, just call it Tang Law!" Li Shimin said excitedly.