Chapter 505: Xuanwei Budemin Dayue (6)
After Zhu Cihong finished writing the word "Zong", he sweated slightly, put down the brush and folded the paper, and let the waiter put it in the paper basket. This habit has existed since ancient times, not because paper is expensive, but because of the reverence for culture. When a certain amount is collected, these letters and papers will be respectfully burned in the courtyard, which can be regarded as clean and clean.
Nowadays, the paper-making workshops of the Ming Dynasty are not enough to provide enough working paper, and brush writing is almost a luxury, and only the final version of the book is written with paper and brush. Usually the workflow can use the sand table with the sand table, can not use the sand table with the blackboard chalk pen, if it must be written on paper, it is also with charcoal, after writing a can also use a brush to write a piece.
Zhu Cihong also mobilized his subordinates to collect old paper and recycle the paper that was originally to be incinerated. Because of technical problems, this kind of local recycled paper is inconvenient to write, but it can solve personal hygiene problems and can be regarded as waste utilization.
The waiter took the waste paper, didn't dare to look at it, and sent it directly to Lu Suyao's hands and put it in the paper basket. There is a separate Treasure Money Division in the Imperial Palace, which is responsible for handling the writing paper with the imperial pen - and the quasi-imperial pen, the writing paper of His Royal Highness the Crown Prince.
Lu Suyao disposed of the waste paper and reported: "Your Highness, Li Mingrui has arrived." β
"Ask him to come in." Zhu Cihong picked up the teapot and took a big sip, and his chest suddenly became much happier.
Li Mingrui is wearing a public uniform, and his chest is a symbol of justice and strictness. There was wind under his feet, and he almost trotted into Zhu Cihong's study. Before Lu Suyao pulled the door, Li Mingrui had already bowed quickly, and immediately said, "Why does Your Highness want to make the law according to people?" β
The punishment is also as flat as water, so it follows the water; It is a pig, and when you see that people are not straight, they touch each other with horns. Therefore he went away.
The word "η" was coined in ancient times, which has covered the basic understanding of the law: fairness and justice.
In Li Mingrui's view, the separate legislation between soldiers and ordinary people undoubtedly divides people into two categories and applies different laws. then the social status is different. Judging from the military law that has been promulgated now, the military is higher than the common people. For example, it is strictly forbidden for soldiers to extort confessions by torture, they can not kneel when they are tried, and as long as they do it later, it is self-defense, even if they commit human life, it is not a crime - while ordinary people have the theory that they are too defensive.
"Especially the law of interrogation, the judicial departments at all levels are not allowed to interrogate, and can only deal with it in the military, isn't this specially designed for the sake of illustriation?" Li Mingrui did not come to the crown prince to discuss the philosophy of law, but to actually point to Zhangjiakou's executioner: Zhou Yuji.
Zhou Yuji's actions in Zhangjiakou, Zhu Cihong and Chongzhen were overjoyed; Nanshang was happy to hear about it, and rushed to Zhangjiakou to share a sip of soup to drink. And vigorously occupy the market share of Western businessmen, especially in the three livelihood fields of salt, iron and grain. It can be said that Zhu Cihong ate the meat, and the soup and bones were cleaned by those Zhejiang merchants and Huizhou merchants, and there was no waste at all. And because the Hui and Zhejiang businessmen have supported Shandong, they consciously have made meritorious contributions from the dragon and eat with peace of mind.
The most unhappy were the Jin merchants.
The Jin merchants are not only the eight families in Zhangjiakou, in fact, the Jin merchants in Zhangjiakou are only a branch of the Shanshan merchant gang, undertaking both inside and outside the pass. After they poured. Of course, the Jin merchants were also damaged in one piece, so they naturally had to launch a counterattack in Korea-China relations. They have no way to deal with the emperor and the crown prince. is confident that he can kill Zhou Yuji. As long as Zhou Yuji dies tragically, who else will dare to be the executioner for the Zhu family in the future?
According to common sense, the emperor will also intentionally or unintentionally launch a substitute for the dead, lose the car to protect the handsome, and the situation will calm down after the event, and the emperor is still wise and martial. It's just the guy who "can't do things" who is unlucky.
Li Mingrui may not have been bought, but someone must have said in his ear that Zhou Yuji's incident was a serious violation of the "rule of law in the Ming Dynasty". Although Li Mingrui is not stupid, he is paranoid about the field in front of him after all, and he can only look at the problem from the perspective of Dali Siqing, and cannot see through the treacherous clouds of the political situation and people's hearts.
"Changing the ancestral system. You have to take it one step at a time. "Zhu Cihongquan didn't know what the Jin merchants were doing in the back, and he also knew that Li Mingrui would not be bought, otherwise the East Factory would have already reported it.
"Your Highness, now that there is the case of Zhou Yuji, it is a good time to change." Li Mingrui thought that Zhu Cihong had other concerns, and said.
"Do you know why Taizu ordered that military household violations can only be tried by the health office and the capital division, and cannot be under the jurisdiction of the prefecture and county?" Zhu Cihong asked.
In fact, not only military households, but also households and artisan households living on the land of the health center, their jurisdiction also belongs to the capital department of the health center, and is not subject to the management of the prefecture and county.
"At the beginning of the country, it was nothing more than to raise an army of millions. However, now that the guard house has existed in name only, why should His Highness still stick to it? Li Mingrui was puzzled.
"It's not just about raising the army." Zhu Cihong shook his head and said: "Because the army has a different pattern. In ordinary places, people can reason with the government and can appeal and petition. Is it okay in the military? The army was originally a place where officials and universities crushed people to death, and they waited day and night, licking blood with knives. How can people who have never been in the army understand what it feels like? β
Zhu Cihong said again: "What's more, there are other laws in the army, and if the army is ruled by the people, it will be too strict; Ruling the people by the military is too harsh. For example, the failure to repair the guns in the army and the rusting of swords and guns are all crimes that should be punished. Could it be that the peasants with rusty hoes were also arrested and beaten? β
Li Mingrui wrinkled his brows, and also felt that the military law was not in the civil law in some regulations, and some were stricter than the civil law, but the key was that it was difficult for his family to decide his own family affairs, such as Zhou Yuji, who was judged "not guilty" in the Dali Temple of the Fifth Army. If he is sentenced in Dali Temple, he will definitely be convicted of killing innocents!
But he never thought that Zhu Cihong was bent on making the soldiers dignified and know honor and disgrace, how could he let the civilian officials override the military attachΓ©s? Those military generals who are of the first and second grades, and they have to kneel down when they see the civil officials of the fifth or sixth grades, who is willing to throw their heads and spill their blood to defend the country in such a perverted society!
"Let's talk about Zhou Yuji's case, I think the verdict is good." Zhu Cihong paused: "Zhangjiakou has not yet recovered, and it is natural to deal with some spies who are thieves. If there is a law division there, Zhou Yuji naturally can't act rashly. However, since it was the enemy-occupied area he captured, it was also his duty to eliminate the spies and exterminate the enemy. Don't dwell on that. β
Li Mingrui's lips were furled, and he was about to argue, but Zhu Cihong suddenly said again: "By the way, how is the system of kissing and concealing each other?" β
Li Mingrui had no choice but to be diverted by the crown prince: "What my ministry discusses: within the five suits, all should be hidden; Outside the five suits, only teachers and students can hide. β
Confucius said: "The father is hidden for the son, and the son is hidden for the father, and it is directly in it." Since the Tang Dynasty, "kissing and concealing each other" has officially become an important judicial principle and is written in the law. What seems to be a crime of "harboring a crime" in later generations is a matter of course in a ceremonial society.
If a son denounces his father, he may also bear a heavier sin than the father's original sin. For example, if the father steals, he will be sentenced to one year in prison; If the son denounces, it will be contrary to human morality, and he will be sentenced to exile for 3,000 miles to serve as an army.
In the Ming Law, there are naturally relevant provisions, but in judicial practice, there are some ambiguities. For example, during the time of Emperor Xuan of the Han Dynasty, the humble and young heads hid their elders and did not bear criminal responsibility; Respect the elders and hide the inferior, and do not bear criminal responsibility other than the death penalty. In the Tang Law, there are also ten heinous crimes such as rebellion, rebellion, and treason, which are not allowed to be applied to the article of "relatives concealing each other".
"Is the five suits too extensive?" Zhu Cihong asked.
The five costumes here refer to the fifth-class mourning clothes, and they are also the marks that distinguish the distance of kinship. The heaviest is to cut the decay, made of the coarsest raw linen cloth, the broken part is exposed and not the edges are not seized, indicating that there is no decoration to grieve, and the service period is three years, which is served by the closest relatives. Secondly, there are Qi decline, great merit, small merit, and numbness, which are reduced in turn, which represents the gradual fading of kinship. That is to say, in today's era, during the mourning period of the relatives of the fifth ancestor, they still have to wear plain clothes and wrap their heads with ruler cloth, but when they reach the relatives of the sixth ancestor, they will not be served.
Therefore, "The Book of Rites? The Great Biography Yun: "The fourth generation is restricted, the service is poor, the fifth generation is exempt, the same surname is killed, and the relatives of the sixth generation are exhausted." β
These are explained in the copy, which is often a headache to see, but when it comes to things, the people are very clear, and if someone wears the wrong clothes, they will be ridiculed by the neighbors. Li Mingrui's adoption of the "five suits" theory also uses this profound custom tradition to easily solve the definition of close relatives and interested parties in the civil law.
"There is another difference, and the minister should write an article to advance." Li Mingrui just said roughly: "The death penalty is only within Qi decay, and the ten evil sins are only within Qi decay." Crimes committed between relatives and respected elders as inferior offenders shall not be used as concealment; Others can be hidden for close relatives, and cannot be hidden for distant relatives. β
"Rebellion can be concealed without sin?" Zhu Cihong frowned.
"If the ten heinous sins are reported, the principal crime can be commuted, etc.; It is not a sin to conceal it. Li Mingrui said: "Because the family does not oppress others. β
Parents and children are family, monarchs and ministers are just human, in the eyes of the Ming people, Tang Lu's backdoor patch for the ten heinous sins is purely human, which is indecent.
Zhu Cihong didn't argue much, and said: "The law of Zhulian can be abolished, but how to deal with the property issue?" β
The result of the concealment of relatives is the complete cancellation of cool laws such as Zhulian and Yi tribes. Zhu Cihong doesn't care about killing so many people, the key issue is how to confiscate the criminal property. Like Li Sancai, on the one hand, he scolded the emperor as a Qing official, and on the other hand, his son amassed millions of family fortunes, Zhu Cihong was reluctant to let go of this kind of person no matter what.
"If the property is divided, it will be judged separately; If there is no separation, it is regarded as their private property. Li Mingrui's voice gradually lowered, obviously lacking confidence.
"Whoever commits a crime shall be fined three thousand taels. If his father is still alive, how can he be punished for his family property? Zhu Cihong asked.
When the direct elder is alive, it is impossible for the children to have property in their names, at most it is private money saved by the silver. If the children dare to say that they divide the family and property when their parents are alive, they will be directly punished by the government, and there is no need for their parents to sue them for disobedience.
Li Mingrui's problem is here, if it is not linked, there will be a big loophole in the enforcement of fines and punishments.
"I'll give you an idea, you go back and discuss it." Zhu Cihong said: "There is unlimited joint and several liability in civil and commercial law, if it is the introduction of the example of decay, what is it. (To be continued......)
PS: Ask for a recommended ticket, ask for a monthly pass~~! Today's second update~~~