Chapter 51 Legislative Group

PS: Bow and thank you for the support of Xiaojie of the Dream Messenger, thank you for your monthly pass, and ask weakly, is there anything else?

Although Lu Bu graduated from the law major, his professional level really made him unconvinced, and the law is different from the "Three Character Classic" after all, if it is only the legal norms, it can still be memorized, but you must know that in different periods of later generations, the same problems are also faced, and the provisions of the laws are also different, which proves that in fact, while the law has a time lag, it also has great characteristics of the times, and can express the social system, economic development level and mass concept of this era in a certain way, so it is useless to completely copy the law like the "Three Character Classic".

On the other hand, the most valuable things of these laws are still the spirit and principles of those laws, but this kind of thing cannot be used well without a certain amount of research and understanding, and Lu Bu's level is obviously not enough; Second, it is also the same problem as the previous law, that is, the spirit and norms of the law in different historical periods may also be different, but Lu Bu also knows some principles of equality before the law, but can it be applied at this time, can you say it? Rather than going to the back that might cause problems, Lu Bu simply didn't use it.

It is also for this reason that if it is necessary to establish the laws and codes of conduct in its sphere of influence, and even to codify them, for the time being, it can only be borrowed from those codes and laws that preceded it.

If we want to learn from the legal codes that preceded it, although there were pioneer laws such as the "Book of Laws" in the pre-Qin era, most of the rest cannot be examined. The reason why the "Book of Law" has a special status is more because it was written early and established the format that has been used until the Sui Dynasty, and it is still not comparable with the legal code of the Qin and Han dynasties in terms of maturity and thoroughness, so the reference is naturally the latter.

If we carefully consider and compare the legal codes of the Qin and Han dynasties, the harsh punishment laws of the Qin period were too harsh, and the first great unified dynasty died in less than twenty years, and the Qin law played an important role in it, which certainly does not meet the current requirements of Lu Bu, and can be ignored without careful thinking.

In contrast, the Han Dynasty advocated the "combination of virtue and punishment, and ritual punishment", which was a huge progress compared to the Qin Dynasty, especially the reform of corporal punishment by Emperor Wen and Emperor Jing. The so-called old five punishments established in the Western Zhou Dynasty (piercing, nose cutting, palace punishment, etc.) all belong to corporal punishment), all of which were changed to flogging, thus also establishing a new five punishments, namely, flogging, rod, imprisonment, exile, and death; Among them, the penal principles such as "petitioning", "mercy on punishment" and "kissing the prime minister and hiding the prime minister" are all good references for later dynasties. The "Spring and Autumn Prison Break" is an attempt. It is somewhat similar to the modern Western system of self-possession. The spiritual principles in the Confucian classic "Spring and Autumn" are used to convict and sentence, and the heart is used to convict; The autumn and winter executions have been handed down in nearly 2,000 years of feudal history, and have been well inherited and carried forward.

These are undoubtedly a good reference for Lu Bulai's book. Moreover, he is well versed in the brief history of the development of the legal system for the next 1,000 years, and he can have a relatively clear and correct line of thought, both in the formulation of the law itself and in the establishment of judicial organs.

In fact, there is a reason why I didn't think of applying Chinese law directly from the beginning.

An obvious feature of the Chinese legal system is that it belongs to a written code, but it is often composed of many laws together to form a complete code, and there is no code as the basis of the Napoleonic Civil Code.

Just like the Han Dynasty, generally speaking, the basic Han law is not effective from a certain point of view, and the more effective is the order of the Son of Heaven of the Ninety-Five, which is equivalent to a legal interpretation, and the central interpretation of the Han Dynasty for the law in addition to the emperor's own order, the most effective is one of the three princes, the imperial historian, and one of the nine kings, but many times their effectiveness occurs when the case is decided, which causes many so-called "interpretations" can only become individual cases, and can not be popularized.

In the way of thinking of the Han people, there is no habit of systematic arrangement, and there is no habit of summarizing certain laws and characteristics, so it can be done in a set, but in theory it is often vague.

What Lu Bu has to do now is to first establish a set of laws and regulations that can be effective, accepted and recognized by most people, he does not seek truth and the name of the place will go down in history, but to ensure that it is effective and practical, and the biggest difference from those previous codes is that he stands at a high starting point to overlook, and the different perspectives are selected, and the laws compiled will naturally be different.

It is naturally impossible to do this by himself, just like in the process of compiling Napoleon's Code, although Napoleon supervised and made overall arrangements, it was those jurists who played a major role in the specific compilation process.

Of course, Lu Bu can also determine the general direction of the formulation of the law, and leave the rest to these professional people, but Lu Bu clearly knows in his heart that these people are limited by the current situation, so he must also participate in the whole process, so Lu Bu even thought that Napoleon would also be reborn.

However, it is okay to just mention the construction of yƬ, but in terms of specific legal provisions, it is not what Lu Bu can do, and in fact, there are also people who specialize in writing laws in this era, such as Du Zhou and Du Yannian father and son in the period of Emperor Wu of the Western Han Dynasty and Emperor Zhao, and some of their commentaries on the Han law and some prison litigation laws are collectively called Da Du Lu and Xiao Du Lu, so Lu Bu must first convene a legislative team, among which there may be people who have studied the law, such as Xun Shuang, Chen Gong, Jia Xu, Liangle and Lu Cui. It may also be non-professionals, such as Cao Xing, Hua Tuo, and Dian Wei.

It is not easy to gather all these people, you must know that there are not many Wenchen generals who are by Lu Bu's side now, and the most relied on military subordinates Zhang Liao and Gao Shun, one in the south and the other in the north, and the important Wenchen such as Cangci and Bailidu are not around; And everyone who is still there is also a task that is not easy, such as Jia Xu and Cao Xing at this time, because they want to prepare to go to Xihe County, and they are ready to reorganize this county that can be said to be a real waste, and the arrangements in the middle are very cumbersome and require their hard work.

But after getting Lu Bu's invitation or notice, these people still came, it can be said that among them, such as Xun Shuang, did not have some expectations for Lu Bu, after all, the last time he solemnly found him, it was to mention the matter of Bingzhou Academy, which is also Xun Shuang felt that what Lu Bu did would also be the most valuable thing he did, so what would he think of this time?

Everyone else is similar, but Chen Gong, Jia Xu, Cao Xing and others are subordinates, although they have the right to build and advise, but if Lu Bu insists, they can't stop it, so they are a little more apprehensive, after all, Lu Bu wants to establish a naval army to let them come out to stop it one after another.

I have to say that now in the minds of Chen Gong and others, Lu Bu can say anything, but he really likes to toss too much, and it may not be literary or martial, or he will simply come up together, although his construction can often make people's eyes shine, many times even Chen Gong is ashamed of himself, it is really hard to imagine what Lu Bu has in his head, it is not like a person who lives in the same era as them, because in their opinion, there are some things that even seem to be a little ahead of their time, Although there is nothing wrong with bringing it up, it will contribute to the progress of society as a whole. (To be continued......)