581 [Centralized Monarchy Constitution]
The temple of the body.
On March 3, the imperial court was on holiday, and the emperor did not have office today. . .
Li Xiangjun was studying ink, and Zhao Han personally unfolded the paper and pressed a paperweight on it.
"Your Majesty, Mo Yan is ready." Li Xiangjun handed over the brush.
Zhao Han wrote down a line of words: Datong China has adopted the Constitution.
The content of "Datong Law" should be compiled with reference to the Constitution, but Zhao Han asked the Criminal Department to compile "Datong Law" first. This is because Zhao Han himself is not sure about some things in the constitution, and it will be revised in the future according to the implementation process of the "Datong Law".
There are many kinds of constitutional monarchies, just like the colonial style varies.
The overseas colonization of Spain and Portugal was nothing more than banditry plunder. Not only oppressed the indigenous people and black slaves, but also the immigrants of their own country were also exploited, and the Portuguese royal family even forced Portuguese immigrants to choose to convert to Hinduism in large numbers from their mother countries.
The British overseas colonization continued its-stirring style, most notably in India. First lay low and make small, gain the trust of the Indian emperor, and then win over and divide the princely states, fish in troubled waters for profit, and then tie the princes of the princely states to their own interests.
France's overseas colonization has a strong taste of continental empire, and they will also move the French language, culture and system there.
If Zhao Han wants to engage in colonization in the future, it will definitely be the same as France.
Let's talk about the constitutional monarchy, the German constitutional monarchy, and the British constitutional monarchy, except for the same name, are completely two things - the German emperor is the chairman of the parliament, has the right to convene, postpone and close the parliament, has the right to appoint the prime minister, has the power to promulgate, supervise and enforce laws, has the power to appoint any official, and the emperor is the supreme leader of the army.
"First, heaven and earth are intertwined, all things breed, people are the spirits of all things, and people gather to form a country. Therefore, the Ming Dynasty was corrupt, the Manchu Qing Dynasty was brutal, and the pseudo-shun was raging, and it was the soul of the old people who were devastated, and Datong China was born in accordance with the will of the people. Having won the hearts of the people, it should be in line with the way of heaven, and Datong is a country that inherits the heavens and responds to the people. This is Datong China! ”
"Article 2, the people of the world in Kyushu are all the people of China. The Han people are the people of China, and the people of the Hu, Hui, Meng, Dai, and Yao ...... and other ethnic groups, if they live in the land of Kyushu, they are also the people of China. All ethnic groups are descendants of the Yellow Emperor and Miao, like lost siblings. The Han people are the elder brothers, and the various ethnic groups are also younger brothers. Datong China is also the country of China. The great harmony of China, but also the great harmony of all ethnic groups in China. ”
"Article 3, the country of China, born with the fortune of China, is responsible for the revitalization of China. The place where Chinese civilization spreads should be the land of Datong China, and it must be one of them. ”
These three articles are about the country, the people, and the land.
Li Xiangjun stood by and watched, thoughtful, understanding but not completely understanding, and always felt that these three articles were written with great meaning.
"Fourth, since Datong is a country that inherits the heavens and responds to the people, all people are born equal, and although their positions are three, six, nine, and so on, there is no distinction between superior and inferior qualifications. The people are also people, the officials are also people, and the emperor is also people. ”
"Article 5, although the emperor is a human being, he gathers the hearts of the people and becomes the emperor, and he is called the emperor by inheriting the way of heaven, and he is also the monarch of heaven and man, and has the responsibility of protecting the people of Datong China and China. Therefore, the center is established, hundreds of officials are placed, and the concubines are determined, so that the society is stable, the foundation is firm, and the national honor is extended. The emperor is the monarch of the country, the head of the officials, the army, and the people, and the people must respect and love him. ”
"Sixth, if the people are virtuous, the emperor will be promoted to become an official. Officials, parents who are not people, are actually brothers of the people. As an official, it is their duty to improve the people's livelihood, and to promote benevolent government for the monarch and all the people. Officials and citizens should abide by the law. Those who violate the "Datong Law" are guilty of the same crime as the people. ”
"Article 7, Shinong, businessmen, and businessmen are all people, and monks, Taoists, doctors, and people are also people. There are different karmas, and there are no high or low people. Those who are the people should obey the law, love the monarch, and respect officials. ”
These four articles, from the "Theory of Qualifications" and the "Three Plains", determine the status of the emperor, officials, and the people.
"Article 8, the Inner Court, the Emperor's Institution......"
"Article 9, the Outer Court, the Institution of the State......"
The next two articles summarize the inner court and the outer court.
The inner court is mainly composed of the emperor, the harem, female officials, and the guards, and the corresponding laws must also be formulated in accordance with the constitution.
The emperor is the king of a country, family affairs are almost equivalent to state affairs, and everything in the inner court is carried out with the stability of the country. Including the selection of concubines, it is also to stabilize the country, so the emperor is different from the officials and people who prohibit concubines - the officials and citizens of the Ming Dynasty are also not allowed to take concubines, at least the law stipulates that, except in some specific circumstances.
At the same time, Zhao Han also stipulated that the selection of concubines, female officials and palace maids should not disturb the people in a big way, and everything should be based on the principle of civil voluntariness.
The guards of the imperial city are the emperor's personal guards, and the outer court cannot interfere, otherwise they will be punished as treason.
The Outer Court is led by the Cabinet, and the Constitution establishes the powers and responsibilities of the Cabinet.
It was even stipulated that the number of ministers was specified, with a minimum of three and a maximum of nine, which must be singular. In the event of a disagreement, Shousuke could make a decision, but this decision must be approved by the emperor.
To repair the "Constitution" and the "Datong Law", the emperor, the cabinet, the ten ministries, and the ten Cao must all be present.
The Cabinet may propose changes and additions to laws based on the current situation. The emperor convened a grand court meeting, and more than ninety percent of officials above the third rank attended to discuss the change of legal rules. One vote per person, more than seventy percent of the votes can be passed. Emperor, have the right to dismiss!
Party struggle belongs to the struggle of people, don't talk about any civil official group, merchant group, there are many officials from the gentry and businessmen in the Ming Dynasty, standing on the opposite side of the Donglin Party.
Regarding voting resolutions, Zhao Han only stipulated that voting could be done when enacting legislation, and it was difficult for the civilian clique to reach a consensus, nor could it be guilty of forming a party struggle over several laws. If the civil officials really reach a consensus and arbitrarily revise the law, then there are only two possibilities: first, there are powerful ministers in the court; Second, collusion between officials and businessmen has corroded the center.
At the end of the Ming Dynasty, the first assistant could not make the decision, and even the cabinet resolution had to be voted, which would stimulate the emergence of party contention. This is purely Zhang Juzheng's shadow on the monarch and ministers, and the successor is overkill, fearing that the ministers will appear again, and the cabinet will change to a voting system and make a mess.
Zhao Han's "Constitution" stipulates that the power of the cabinet chief assistant is probably similar to that of the Hongzhi and Zhengde dynasties.
The local government can also formulate local regulations, which must comply with the Constitution and the Datong Law. After several sets of local teams reach an agreement, they must also report to the central authorities for approval.
In addition, there are regulations for the army.
The emperor is the supreme leader of the Datong army, and the army is not allowed to interfere in politics. However, after stepping down as commander, a military general can be transferred to the military department as a military attaché, or even enter the cabinet as a cabinet minister—not as a first assistant or a second assistant.
The British constitutional monarchy is a parliamentary constitutional monarchy, and the parliament is the highest legislative body and power organ of the country.
Germany's constitutional monarchy is a dual constitutional monarchy, in which the monarch is the head of state, has real power, can appoint cabinet officials, and has veto power over parliamentary legislation.
Zhao Han established a constitution, somewhat similar to Germany, but without the existence of a parliament.
Because the dualist constitutional monarchy is the product of a compromise between the emperor and the elite class, and Zhao Han does not need to compromise at all. What is the result of the compromise of a dualist constitutional monarchy? It is the parliament that does not care about the lives of the common people when it legislates, and the laws are all in favor of the powerful and the bourgeoisie.
Zhao Han's "Constitution" is a four-way dislike, and his real purpose is to determine his will in the form of a constitution.
For example, the concept of the Chinese nation, which includes the Han nationality and other ethnic groups, are all Chinese people. Another example is the theory of personality, in which all people are born equal in personality, and slaves and slaves are not allowed. Fengtian carried the emperor and became the emperor of Fengtian Yingmin.
There is also the legal system, Zhu Yuanzhang pioneered, and made a legal integration of the government and the people. Zhao Han took this foundation a step further and established it in the form of a constitution, and officials and ordinary people face the same law.
The opening of the sea is also determined by the Constitution.
Later generations of monarchs and ministers, no matter what the situation, were not allowed to completely close the country, at most because of the war to temporarily blockade the port.
Even equality between men and women, although Zhao Han did not say it in the constitution. But everyone is equal, men and women should also be equal, and women are not human beings.
Farmers, businessmen, monks, monks, doctors, and all kinds of professions are also equal in the constitution.
Zhao Han just opened an era and determined the general direction for future generations of monarchs and ministers. As for the monarchs and ministers of later generations, what messy things are done, Zhao Hancai is too lazy to take care of them, and it is impossible to care about them.
Perhaps after two or three generations, the female officials will be abolished, and the emperor will use eunuchs again - this is very unlikely, but it is difficult to say for sure.
Even, Zhao Han buried the idea of expansion and colonization in the constitution.
It is that sentence: The place where Chinese civilization spreads should be the land of Datong China, and it must be indispensable.
At first glance, it didn't seem to have much effect, but the ambitious monarchs of later generations would definitely use this sentence as a reason for expansion.
About the Confucian family in Qufu and the Zhang family in Longhu Mountain, including Wudang Mountain and the like. Zhao Han talked about the length of the land in the article, these cultural and religious forces can respect sacrifices, but they must strictly abide by land laws and regulations, and the later monarchs give more than half an acre of sacrificial land, which is a very serious unconstitutional act.
To be unconstitutional is to not abide by the virtue of the king!
After the Qingming Festival holiday, Zhao Han called Chen Wenkui and took out the freshly baked "Constitution": "Just look here, this "Constitution", I don't want to make it public for the time being. If you major in the Law of Datong, it will be formulated according to the framework of the Constitution. ”
Zhao Han went to review the recital, Chen Wenkui sat next to him and read it slowly, and the old man was stunned to memorize the general content.
At noon, Zhao Han called Chen Wenkui to dinner: "What do you think?" ”
Chen Wenkui said: "Your Majesty is far-sighted, and the ministers can only speculate one or two. This "Datong Chinese Constitution" is quite similar to the "Emperor Ming Zu Xun" of Ming Taizu. "Emperor Ming Zuxun" was written for the descendants of the Zhu family. The "Datong Chinese Constitution" was written for all the people of the world and for future generations of monarchs and ministers. ”
Zhao Han smiled and nodded: "Go on." ”
Chen Wenkui also said: ""The Emperor's Ancestral Training" is not only the ancestral training of the Zhu family, but it is also mixed with state affairs, and can only be shelved by the descendants of the Zhu family. It was said that the country of Annan had repeatedly violated the former Ming Dynasty, and Ming Taizu listed Annan as a country that was not levied because of his obedience. This is a big fallacy. His Majesty's "Datong Chinese Constitution" rarely talks about details, and only sets out a general strategy. This great voice also hopes that future generations of monarchs and ministers and all the people of the world can govern the country according to His Majesty's way, and they can change the national government due to the passage of time. ”
"That's a great thing!" Zhao Han was immediately appreciative.
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