Three hundred and sixty-three times Da Wu Shu discussed

Reform the law, Qiao Ren didn't bother very much, although he didn't study law in his previous life. However, in the process of studying history, it is not unfamiliar with the laws of previous dynasties. For example, the "Kaihuang Law", which is known as "the criminal outline is concise, negligent but not lost"; It is known as the oldest and most complete existing feudal criminal code in China; and the most stringent and even perverted "Da Ming Law", although after nearly half a century, he can no longer memorize all the laws he memorized before, but through the Han Law, he can still retrieve a lot of memories. What's more, the laws of the Han Dynasty cannot be said to be unsound, but there are some criminals who do not distinguish between the people.

"Criminal law is the law that stipulates crimes, criminal liability and punishment, and comity is not enough to prohibit evil, while criminal law can stop violence. Although there has been a world of great rule since ancient times, there are also many criminals who do wrongdoers in the prosperous era, and criminal law is the way to sanction..."In the council hall of the Taiwei Mansion, Qiao Ren sat in the second place and talked eloquently to a room of compilers of "Wu Law".

"Da Sima, the law you said seems to be a little different from the Han law!" Zheng Li listened to Qiao Ren's explanation very carefully, but Qiao Ren summarized the principles of the law, and he felt very novel!

You must know that the Han law divides the illegal acts very delicately, among which the basic content of the "Nine Chapters of Law" is derived from the "Qin Law", but on the basis of the six articles of the Qin Law, "Thief Law", "Prison Law", "Arrest Law", "Miscellaneous Law" and "Gu Law", three articles of "Household Law", "Xing Law" and "Stable Law" have been added, which are combined into nine articles, almost covering criminal law and civil law. Later, the "Yue Gong Law", "Chao Law", and "Pang Law" were added to strengthen the centralization of power and standardize the etiquette of the court, which is somewhat similar to the Constitution! Nowadays, Qiao Ren does not follow the classification method of Han Law, although Zheng Li can understand it, he also feels novel. He didn't expect that Qiao Ren seemed to be a master of legalism!

"Of course it's different!" Qiao Ren smiled: "I divide the law into thirteen categories, although the number of articles is roughly the same as that of the Han law, but it is completely different. For example, with the law of solitude, the sentence will not be too harsh or too light! Let's just say that there are many cases of disputes between ordinary people in a county, and the officials who handle the cases always act according to their own preferences, and they will also beat the parties when it is clear that they do not need to be punished. After the case occurred, the parties preferred to settle privately. ”

"That's right!" Obviously, this Zheng Li is also a master of criminal law, and after listening to Qiao Ren's words, he nodded with a smile: "Not only that, but he will often be beaten into a move." ”

"It's not a problem to be beaten into a trick. Nine times out of ten, those who were beaten were guilty of felonies. But sometimes it's a chicken. An IOU. But how many lashes do you have to take, isn't it wrong? I want the people in the country to solve their problems in the yamen, not privately, so that we can establish the image of my great Wu, and it is also the law for the long-term stability of the country."

Everyone nodded when they heard this, but Jiang Ji on the side remembered that Qiao Ren was still a master of extorting confessions by torture. But when he interrogated the Yue people in Xindu, it was widely circulated among the legal officials of the Wu State, and the various methods made people's scalps tingle.

"Ziyan's words are true!" Zhang Zhao, who was in charge here, nodded. felt that Qiao Ren's words were very reasonable, but he still felt that there was a big problem, so he asked: "But Ziyan, even if the new law is formulated, it needs to be implemented by county officials, but not all county officials today understand the law!" Isn't it a big problem that there is no one to enforce the law? ”

"Ladies and gentlemen, the "Wu Law" designed by Gu is divided into twelve categories, the first of which is the "Famous Laws", which mainly stipulates the penal system and basic principles; The second "Law of Guarding the Forbidden" is about the safety of His Majesty and the stability of the border counties; The third article, "The Law of the Duty System", is mainly about the establishment, selection, and duties of officials above the imperial court, as well as the punishment of corrupt officials who pervert the law; The fourth "Household Marriage Law" is mainly about household registration, land, servitude, marriage, family, etc., so as to ensure the source of Dawu servitude and maintain family relations; The fifth "Stable Law" is mainly about the raising of livestock and the management of the storehouse, and the purpose is to protect the property of the counties and counties; The sixth chapter, "The Law of Unauthorized Prosperity", mainly deals with the recruitment of soldiers, the transfer of troops, the duties of generals, the supply of military supplies, unauthorized construction, and the levy of conscription, etc., to ensure that the power of the army is always in the hands of His Majesty, and to control the conscription of labor; The seventh chapter, "The Law of Thieves and Thieves", is mainly about the prevention and punishment of those who conspire against rebellion, as well as the law of punishment for those who commit great treachery and evil; The eighth title, "The Law of Fighting and Litigation", is mainly about the litigation system for punishing brawls and maintaining discipline; The ninth article, "The Law of Fraud and Hypocrisy", is to suppress fraudsters and people who confuse the public with fallacies; The tenth part, "Miscellaneous Laws", which does not belong to the other "sub-provisions" is stipulated here; The eleventh "Law of Arrest and Death" is about the pursuit of fugitives and the escape of soldiers, soldiers, servants, officials, slaves and maids, based on the national system; The twelfth book, "The Law of Breaking Prisons", is the law on trial, judgment, execution, and prison control. ”

Qiao Ren said such a long thing in one breath, everyone was dumbfounded, only Zheng Li, who was obviously surrounded by legalists, was the first to react, and asked: "The way to deal with the law enforcement of the county officials mentioned by Da Sima is this twelfth "Prison Breaking"

"Yes and no!!" Qiao Ren pretended to be profound: "With this kind of article, no matter the county and county pastoral officials at all levels, whenever there is a trial and judgment of the case, they will be executed in accordance with this law and must not be transgressed. In addition, King Gu also believed that corporal punishment could no longer be placed, and most of them could not farm after corporal punishment, which was not only useless to the country but also dragged down his family. Therefore, King Gu believed that the palace punishment (destruction of genitals) and whipping should be abolished, and the five punishments of flogging, rod, imprisonment, exile and death should be uniformly replaced with the basic punishment methods."

On the premise of destroying their human organs, as long as they do not die, they can continue to squeeze the labor force of criminals, which is undoubtedly beneficial to the Eastern Wu who is currently checking the head of the household.

Obviously, as a disciple of Confucianism, Zhang Zhao was also disgusted by those inhuman and rough corporal punishments, and when he heard Qiao Ren's words, regardless of the face of the Legalist Zheng Li on the side, he began to applaud and laughed: "What Ziyan said is my generation, and he is a model for convincing people with virtue." ”

'Gotta convince everyone to come out with virtue!!' Qiao Ren glanced at it angrily, and Zhang Zhao, whose beard was trembling, was silently speechless. But Zheng Li on the side was not happy, the strict punishment is the essence of the Legalists, and Qiao Ren's criminal law is so concise and lenient.

Zheng Li hurriedly interjected: "Da Sima, you said yes or no, it seems that it is more than this "Prison Breaking", right!! ”

"Oh, yes!!" Qiao Ren took out the silk silk that he had prepared from his sleeve, handed it to Zhang Zhao, who had the highest status in the audience, and waited for him to look at himself and said: "Ladies and gentlemen, the Lone King intends to increase the power of Lantai, so that he can supervise the hundred officials at the same time, plus the right to supervise the local laws. Like the state assassin history of Emperor Xiaowu, how about the Lantai dispatch to supervise the imperial history to the local supervision of the criminal law? ”

Lantai was originally the central archives of the Han Dynasty, located in the palace, subordinate to the Imperial History Mansion, and was supervised by the Imperial History Zhongcheng. Zhilantai Lingshi, "Secretary of the Palm Library". The collection is very rich, including the emperor's edicts, the chapters of the ministers, the laws of national importance, maps, and county books. Emperor Ming of the Eastern Han Dynasty appointed Ban Gu as the history of the Lantai Order, and a group of famous scholars successively served as the history of the Lantai Order, and they managed the archives in the Lantai, taught the secretary, and wrote the history books. Lantai had a great influence on later generations. Because Ban Gu served as the Lantai Lingshi, later generations called the historian Lantai. In addition, because Lantai is a historical institution, later generations called the historian institution also known as Lantai. Because the Lantai archives were originally used to supervise the impeachment of hundreds of officials, later generations also called the Yushitai as Lantai. The Lantai that Qiao Ren is talking about here obviously refers to the Yushitai where the monk Shangtai and the Zhongshu supervisor stand side by side.

"Supervision of Criminal Law !?" This is not a new trick, the Qin State has the history of the Supervisory Yuan, and the history of the Han Dynasty is probably also this duty. Therefore, although people are very disgusted with having a special agency to supervise themselves, there is no reason to oppose it.

Only Zheng Li asked reluctantly: "Lao Tian is newly turned, and the king still hasn't solved the matter that the county officials don't understand the criminal law." ”

"Haha!! Zheng Erqian, don't worry! (Zheng Li is the two thousand stone Cao of Shangshutai)" Qiao Ren waved his hand and smiled. "You should know that the governor of the state or the county guard has subordinates, and among the subordinates, there are superintendents and other postal governors who are also in charge of criminal laws. Why is it better to have a law cao at the three levels of the state, county and county, if the state has a law cao engaged in the criminal law of the history of the assassination, the county has a central division, and the county level has an additional judicial master book in addition to the county lieutenant and the county cheng!? Appointed by the central government, not by the prefecture or county. (To be continued......)