When Zhu Cihong was sorting out and recording his knowledge of mathematics, physics and chemistry in junior and senior high school, he always felt that he was gnawing the hardest bones, and he always comforted himself: as long as this heavy car is pushed onto the track, the rectification of government officials and the reform of the rule of law in the future will be much easier.

However, when we really rectified the administration of officials, we found that we could do very little, and apart from perfecting the examination method, rationally distributing work tasks, increasing the number of officials, promoting grassroots control, and cultivating good work habits, it was difficult to make essential improvements. The officials of the Ming Dynasty even had a collective office, and it was a system derived from the Wei and Jin dynasties.

When we finally take de facto control of most of China and strengthen control at the grassroots level, we can try to reform the rule of law and revise the Ming law to better suit the needs of a development-oriented country...... Zhu Cihong found that he, a professional from a law class, could do even less in this regard.

The law seems to be the power of the state dictatorship and the hammer of the ruling class, but looking at the essence beyond appearance, it is a small pony determined by all the superstructures such as cultural traditions, social environment, humanistic thought, historical precipitation, economic foundation, and even religious etiquette.

For example, if relatives are hidden, doesn't Zhu Cihong want the people of the whole country to only treat him as a god, and even his parents, wives and children can denounce and draw a clear line with righteousness? But what kind of society does this get? You can only get a society that has lost its basic humanity!

Even his closest relatives can't be trusted, so how can he interact with outsiders?

The law is the lowest bottom line of morality, and once morality is extinguished and all are replaced by law, then the whole society can only be forced to become criminals. However, it is impossible for the state to have such a huge police force to uphold the dignity of the law, and the end result is that the legislation is very meticulous and the law enforcement is very rough. In the end, the whole people broke the law with peace of mind, and the law lost its fairness and justice.

Zhu Cihong remembers that there was indeed such a reality in another time and space, but it turned out to be paid for by several generations, and the Chinese tradition was almost cut off. If you want to do this, what is the difference between it and the Tartars entering the Central Plains?

Since human ethics must be maintained, the foundation of the patriarchal society cannot be broken. Many seemingly backward dross in the Da Ming Law cannot be eliminated. There is only one aspect that Zhu Cihong can really do: enact more departmental laws, separate civil, commercial and criminal laws, conditionally formulate procedural laws, and at the same time remove the threshold of "civil lawsuits against officials" to pave the way for future administrative reconsideration and administrative law.

In civil and commercial law, it is mainly in the form of legal provisions to confirm today's commercial customs. In the almost deformed economy of the Ming Dynasty, partnerships, dividends, proprietors, and shopkeepers are already very mature, except for some differences in customary vocabulary. It is almost entirely possible to apply most of the contents of the later Company Law.

The construction of the criminal law system is mainly a revision of the "criminal punishment" in the general part, which increases the death sentence, which is in line with the "heavy punishment" education that Zhu Cihong has always received, and has the effect of "using heavy punishment in troubled times" for the current unstable Ming society. At the same time, it also increased the scope of exile, and the punishment of the exile of the main offender was likely to be exiled by all the relatives of the five suits after 20 years of Chongzhen.

This was mainly to enrich the border areas such as Liaodong and Northwest and promote the expansion of Han Chinese gathering places. Because the purpose is to keep these people alive and give birth to more Han Chinese, so after these people are exiled. Working and living on public land is not actually deprived of personal freedom. The only thing that needs to be faced is the small trouble caused by the lack of adaptation.

As for the prison sentence, since the Zhou Dynasty, there has been the content of being imprisoned as a slave, and the large-scale infrastructure construction in China requires more hard labor, so the scope of application of the prison sentence has been expanded, and the flogging and cane have basically been incorporated into the prison sentence.

From the beginning of the birth of the feudal five punishments, from light to heavy, they were flogged and died in vain. Today, the sentence of exile is lighter than imprisonment. Because once in the hard labor camps, the mortality rate was as high as 20 percent, and the death rate in exile was even lower. In this case, in order to match the crime and punishment, Dali Temple will also transfer the two punishments. Opened up a new system of cane exile death.

Later generations of law students must remember the special year of the 20th year of Chongzhen, otherwise the subject of legal history will be worried. Because what teachers like to test most is changes, nodes, and special cases.

- No thanks.

Zhu Cihong said.

From Zhu Cihong's point of view, the separation of criminal and civil cases is a bookable milestone in the history of the legal system. In the view of Li Mingrui and other Ming judges, this is just another way of compiling the code, which is convenient for more specialized judges to cultivate.

What really impressed the judges was the crown prince's legal cultivation was the "judicial recusal system" proposed by the crown prince.

In the West, the recusal system created in order to prevent judges from playing favoritism is to protect the judges' humanity and righteousness in the East. When faced with his relatives and deceased friends standing in the dock, should the judge enforce the law impartially? Or is it a perfect humanity and takes care of human feelings? This has always been a big problem for judges to choose.

Until Zhu Cihong proposed the simplest solution: avoidance.

Judges may apply for recusal to hear cases involving their own relatives, mentors and apprentices, classmates, or enmity, and litigants may also apply for the recusal of the presiding judge for the reasons listed above.

In this way, affection and loyalty can be both.

The method is very simple, but many times people fall into the blind spot of thinking and can't see.

Just like now, once Zhu Cihong introduces "joint and several unlimited liability" into the fine system, his relatives will have to bear joint and several unlimited liability. The decline here is no longer a one-way relationship of wearing filial piety, but a two-way connection.

Li Mingrui thought for a while, and then said, "Your Highness, where is the brother?" ”

Brothers are not relatives of decay, but relatives of decay.

"That's it: if the parents are there, they will be cut off; If the parents die and the family property is not separated, the joint decline is linked, but the property left by the parents is limited, which is limited liability; If the parents are deceased and the family is separated, the tax shall be paid from all the private property of the offender, and shall not be jointly and severally. Zhu Cihong said.

Li Mingrui frowned slightly: "Your Highness, in this way, I am afraid that I am encouraging the people to divide their families and property!" It is actually harmful to the country. ”

Large and small sects, several generations in the same house, this is the foundation of the clan. If the family is divided and the property is spread, the financial and material resources will be dispersed, and the clan will be affected. Confucianism attaches the most importance to the program, and it is impossible to give up the program. Expelled from the ancestral hall and not allowed to participate in sacrifices. For most people, it was a punishment worse than exile. Even Bai Ding, who is illiterate, will feel that his roots with his ancestors have been cut off, he has lost his protection, his life and death are scattered, and he has no place to return.

After experiencing the two kinds of social life, Zhu Cihong found that the patriarchal society was more stable and stable than the later society. Although the clan has many bad habits. For example, bullying weak and small sects, such as using lynching, such as organizing private fights, and sometimes covering up crimes and confronting the government.

However, they are also the defenders of order when the government is not in a position to control them, as well as carriers of traditional morality.

If people have the reverence of their ancestors, they have a bottom line; If there are township and village rules, there will be discipline and morality. Law is the bottom line of morality, and morality is the most definite line of human nature. When the laws of the Ming Dynasty were generally declining. It is morality that is still at play. For example, Qian Qianyi married Liu with his wife's wedding, and the Ming Law could no longer control him, and the villagers spontaneously threw bricks and tiles to maintain social morality.

Although it seems a little weak, it can also deter those who are not as cheeky as Qian Qianyi.

If you don't fight the clan, you will lose control at the grassroots level; Attacking the clan will cause devastating damage to Chinese civilization, and it will never be repaired. Even if people can get back to their genealogy. Rewrite, but the spirit cut off in the middle can't be recovered. Reverence for the persuasion of the ancestors. It's hard to follow.

"What do you think, sir?" Zhu Cihong asked.

"Mo Ruo's last article is changed to: Those who have separated their families and property shall bear unlimited joint and several liability together."

"If you break down, you can find a good place to go." Zhu Cihong shook his head and said.

Once this method is implemented, the broken branch after the separation only needs to deliberately commit a crime to drag the brother to death. Will there be such scoundrels who, after losing their share of the family business, blackmails their motivated and thrifty brothers? Zhu Cihong uses the most malicious mentality to figure out the world. Presumably there will be.

This is a serious violation of good customs.

"That ......"

"There is really no way but the state to suffer some losses, let him use labor to offset the fine." Zhu Cihong already felt a little tired, breakfast was digested in his stomach, and people began to feel a little lacking in motivation. He rang the bell to let Lu Suyao come in and bring snacks. Please also invite Li Mingrui to eat with him.

Li Mingrui was so worried that he couldn't refuse, so he only ate a small piece of peach blossom cake and stopped.

Zhu Cihong drank a bowl of white fungus soup, and said: "Mr. Li, there are clan lynchings and private fights, but there is a plan?" ”

"I'm ashamed." Li Mingrui really looked ashamed.

These two bad habits, not to mention the Republic of China in later generations, are still a headache in remote mountainous areas 20 years after the reform and opening up. Later generations have justifiably broken the patriarchal society, but the clan at this time is a behemoth. Zhu Cihong sometimes really hopes that like in Shandong, he will gather villages and merge them and directly break them with violence, but a province is easy and a country is difficult, and the people can bear the short-term oppression, and if it is said to be completely smashed, no one is willing to do it.

Even in Shandong, now that the fighting has subsided, the displaced peasants are still trying to get in touch with their clans and get in touch again.

"Lynching, fighting...... Also, if someone in the clan is an official and greedy for ink and silver money is transferred to the clan, how to put an end to it? What is the recourse? Zhu Cihong asked.

Li Mingrui was already sweating under his gauze hat, and finally had to shake his head.

"In the name of sons and nephews, people in the clan deceively send acres of land to evade grain taxes, how to investigate and deal with them?" Zhu Cihong asked again.

Li Mingrui finally raised his head and said, "This part can be checked." The dynasty gave preferential treatment to scholars, and the reduction and exemption of grain taxes from the birth of the staff was customized. Now as long as this custom is stuck, no one can say anything. In this way, the eunuchs don't even have enough tax exemption quotas, let alone being sent by others? ”

Zhu Cihong finally nodded: "Anyway, the clan lynching law must be prohibited first. The country is the only one, and the Ming Dynasty will never allow two people to come out! When the gentleman goes back, he has to work the 'clan'. ”

Dali Temple has the right to discuss the law and can submit to the passage of laws and regulations, but only the emperor has the power to legislate! (To be continued......)

PS: Today's third shift~~~ shouted as usual: I ask you to give you some monthly passes and recommended tickets~~!