Chapter 166: Showdown

Liu Sanwu didn't take it and didn't take a look at it, so he frowned.

Because the official affairs of the Ming Dynasty are mostly in classical Chinese, although because of the precise requirements of legal conditions, they are more inclined to vernacular. But the vernacular, not this vernacular. It won't be so vulgar.

In Liu Sanwu's view, this kind of sentence is simply a joke.

Because, He Xi directly overthrew the Ming Law structurally, and it was the constitution from the beginning, the first article, the power of the Ming Emperor was supreme.

He Xi thought about this article for a long time, in fact, He Xi wanted to add a sentence to this article, then the Ming Emperor exercised power in accordance with the law.

Let the personal will of the Ming Emperor rise to the letter of the law, it is legal, otherwise it is illegal.

In fact, this point is reflected in the ancient administrative system, for example, if you don't go through the Luantai Feng Pavilion, how can it be a holy decree? That is, the emperor's edict must go through a certain procedure before it can be decreed, and it has legal power, and if it does not go through this procedure, it is the decree, and whether it can be effective depends on the emperor's prestige.

But it's actually quite vague.

He Xi wanted to formulate a series of regulations to let the emperor's order pass the procedure and rise to the level of legal provisions in order to be effective, otherwise it would be invalid.

But He Xi knew very well that this was a way to limit the emperor's power, and Zhu Yuanzhang would never agree to it.

He Xi thought about it and just did it.

Liu Sanwu is very strange about this one. Because this one doesn't feel like a law.

The law of the Ming Dynasty is the law, one by one. What mistakes are made, and what kind of punishment do you have to bear. There are some commentaries on the jurisprudence and why it was enacted in this way. But this one law. What's the use and who can be punished?

In Liu Sanwu's opinion, there is a little inexplicable.

However, he is not a layman in the end, and there is also a trace of shock in his heart, because he feels that He Xi formulated the law, not to mention anything else, this format is very breakthrough, like an article, at the beginning of the program, the most important one of the Da Ming Law is written.

With this article, there is great disrespect, bullying the king, and slandering the king, and these charges have a source.

It's just that Liu Sanwu couldn't believe it when he saw the following one, and the second one is that under the emperor, all are equal, and every adult man has independent property rights, personal freedom and other rights.

Because He Xi did not use literary language, he used vernacular.

is also because of He Xi's writing, Liu Sanwu doesn't understand much, so he read it several times, but he still can't understand it in his heart, and he doesn't dare to understand, and said: "Master He, I don't understand your way of writing." ”

He Xi said: "Actually, there is nothing, I see the Da Ming Law, although there are many articles, but it is very trivial, on the whole, people are at a loss, many similar crimes fall in different chapters, and it is not easy for people to learn." So I thought about it for a while, the Ming Law is divided into chapters, the first paragraph is the general chapter, and the fundamentals of all the legal provisions are included in the general chapter, and everything that is put forward in the general chapter will be explained in one and two chapters below, such as the first sentence, the second chapter is to explain the emperor's power, the succession to the throne, and so on, and has been for crimes related to the royal family, how to punish and sentence. Wait a minute. Of course, I haven't done a criminal name, and the sentencing here is vacant first. It will be added in the future. ”

Liu Sanwu immediately looked at the second chapter.

Sure enough, it is what He Xi said, especially regarding the succession to the throne, here we also use some fathers and sons to succeed, brothers to brothers, and in the case that there is no near branch of the clan, the emperor's own discretion and so on.

Liu Sanwu saw this, and his heart was relieved.

Because He Xi didn't do any tricks here. It is completely in accordance with the orthodoxy advocated by Confucianism, and the succession to the throne is regulated.

Without him, first, the Confucian law of succession to the throne is actually very perfect. At this point, He Xi couldn't think of a better one, second, that is, Zhu Yuanzhang and the prince actually agreed with this law.

It is impossible for He Xi to beat these two people.

Naturally, this was settled.

It's just Liu Sanwu, I read the second sentence, and then I read the third chapter.

In Liu Sanwu's view, the third chapter, because it is a household law, does not seem to be.

In the household law, the age of the adult is stipulated, which is sixteen years old. After the age of sixteen, he is an adult in the administration of the government, and has a series of powers, including the separation of the family.

This alone made Liu Sanwu look at it and frown. Secretly said: "This is Qin Lu." ”

Because, in the Confucian system, separation is never encouraged, but the Qin Dynasty is the most encouraged. The starting point of the two is completely different. Confucianism advocates the way of kinship, a large family, the imperial court can directly connect with the head of the family, reducing administrative costs.

The Qin Dynasty was the most strictly managed, and the reason why it advocated the separation of families was to immigrate, crack down on local tyrants, increase taxes and labor, and so on.

After all, when a person becomes a soldier, he has to serve the government and pay taxes to the government, which is to increase the income of the government, and the local government is strong, and there are fewer people, where is there anything strong and not strong. As for immigration.

A sixteen-year-old young man, at most plus a wife of the same age, is the most likely group to migrate. The imperial court only needs to send the two people to the place of placement, which saves a lot of costs. And if this young man lives with his parents, it is impossible to migrate. The resistance will be considerable.

Of course, there are detailed explanations here, parents can only leave a penny, pension and so on. The principle of distribution of family property and property. From the equal division of the sons, it has become the exclusive to the elderly, and of course, the will of the elderly is respected.

Seeing this, Liu Sanwu's brows were even tighter, he glanced at He Xi, and said secretly in his heart: "There are many things in the world." ”

Every family has a scripture that is difficult to read, and it is difficult for a clean official to judge family affairs.

It's really hard to sort out the housework, who is justified and who is not?

No, in the world, I don't know how many things that are more complicated than getting along with family can be handled well, but things in the family can't be handled well. That's because first, there is more affection within the family than reason, it is not difficult to see clearly, it is rare to be broken, parents and children, no matter what the trouble is, you have a heavy sentence, and if you want to kill the head, the plaintiff will come to plead. If the sentence is light, it will not play the role of prohibition.

There is not much difference between things at home before and after the lawsuit.

Second, Confucianism is fundamentally etiquette, that is, the father and son of the monarch and the minister, and this aspect cannot be shaken. In many cases, maintaining the dignity within the family will cover up many conflicts within the family well. Not only your own, but also someone else's.

The ugliness of the family should not be publicized.

should carefully ponder this family ugliness, what kind of thing is a family ugliness, and who cares about this family ugliness the most? In fact, it is the people who get the benefits of the family.

Confucianism has always focused on complaints, and the same is true in many designs, for example, why should the family property be divided equally among all the sons, because this is the most unspeakable and fairest way, but is it really fair? Or is the love of parents really the same?

Apparently not.

In the design of various systems, Confucianism hopes that these things will be digested internally and handled by the clan. And it is the law of etiquette, not the law, that deals with these things. But now, in He Xi's Da Ming Law, there is no place for etiquette law at all, and He Xi stipulates that children, especially children, have independent property rights.

This seriously disintegrated the foundation of the clan, and even the foundation of the Ming Dynasty.

Feminist freedom is based on the fact that women have the same economic basis as men. Same issue. When children have independent property rights, it means that children have the right to say no to their parents.

In addition, the distribution of inheritance has been changed from equal distribution to multiple models.

Liu Sanwu can foresee that if it is really implemented, the lawsuits of the local yamen will be dozens of times that of the previous ones, or even more. As for the future of the world, people's hearts are not ancient, and it is even more predictable.

Liu Sanwu couldn't stand it anymore. He said, "Lord He, this is a little inappropriate. Parents are not separating families, this is filial piety, and the imperial court stipulates this, doesn't it encourage the people of the world to be unfilial descendants? ”

"How does this make the imperial court educate the world? This is absolutely unacceptable. ”

He Xi said: "Boss, if you have anything to say, say it well, I'll listen." He Xi originally wanted to say directly, this is what His Majesty meant. There was something to find His Majesty, but He Xi remembered Su Boheng.