Chapter 9: The New Great Ming Law
Chapter 9: The New Great Ming Law
The second part is the Commercial Code.
The Ming Dynasty was almost blank on commercial law. It would be false to say that there is a complete blank space, but the questions about business are all mixed together in many articles, not in one group.
In the Commercial Code, there are provisions on trading corporations, joint-stock systems, accounting systems, and commercial crimes. Wait a minute.
A considerable part of this is provided by Yang Zhen. Then He Xi refined it.
In recent years, the liberalization of sea trade and the development of large-scale commerce. Let He Xi have a good observation window.
He Xi did not do business in later generations, and he did not understand many business regulations in later generations. I don't know how to copy it, but the crazy development of maritime trade in recent years. There are also a lot of intense legal issues.
For example, a trading company made a mistake and was caught by the local government while plundering at sea.
Who is responsible for that one thing?
Whether it is a specific crew member, or a certain shipyard, or the person in charge of the entire trading company, or the boss behind the trading company.
He Xi has no political habits.
He needed the support of the nobles, so he naturally had to make a partition and introduce terms such as a trading company and a joint-stock system. Generally speaking, a trading company commits a crime by the person in charge of the trading company, that is, a legal person. And not the shareholders are responsible.
Of course, the concept of a legal person here is not the same as the concept of a legal person in later generations.
He Xi also introduced various regulations on the joint-stock system.
In fact, the joint-stock system is never new in China, but it is not reflected in the law. That is, if something goes wrong, it is difficult to report to the government, and even if it does, it can only be decided by the magistrate.
Now, there is a special law. It is expected that a large number of trading companies will appear in the future.
In the past, the trading company was the end of the powerful. Even if there are no laws, they are not afraid, because they are the laws. But it's not the same for small and medium-sized businessmen. On scale, they compete with these magnates. But the shareholding system offers a possibility.
And He Xi felt that it was necessary to clearly stipulate the right to go to sea.
Previously, the magnates were allowed to go to sea, and the threshold was vague. There is not even a single yamen that has a standard for the name of the yamen, and who can do it and who can't. He Xi feels that the standard should be clearly delineated, no matter how high the standard is, there will always be a group of outsiders who will enter this market.
Of course, even if it is not overseas, there will be such trading companies and business gangs in China.
This is also what He Xi expected.
The provisions of various commercial crimes are also planned for the market.
It's just that He Xi also knows that this thing is also a dead letter now.
The reason is simple, business crime is not the same as ordinary crime. With the quality of the current officials of the Ming Dynasty, it is difficult for them to judge commercial crimes.
This also gave He Xi a little headache.
This requires a reform of the Ming judicial system.
In other areas, there are reforms of one kind or another. For example, in the field system, it is particularly emphasized that one field and one master, for the situation of one field and two masters, and even one field and three masters, the government does not recognize this, and it is not counted to privately agree to the government.
This matter was not initiated by He Xi, but raised by many officials below.
Without him, this one thing gave them a lot of headaches.
One field and two owners, that is, the ownership of the acres of land is separated from the right to use, that is, the landlord has the ownership of the acres of land, and the tenant has the right of permanent tenants. The three owners of one field, that is, the tenants who have the right of perpetual tenants, sublet it out again.
And the taxes paid by the imperial court are all from the fields, and the taxes cannot be paid below, so it is a headache to face such land.
And one land and one owner, it is not a negation of the tenant system, whether the landlord rents it out, or sells the perpetual tenant right, that is, sells the field skin, only the field bones. But when the government collects taxes, it will only look for you. The other governments did not recognize it.
This is to facilitate the enforcement of the law by the imperial court.
In terms of sentencing in the imperial court, He Xi also made a lot of concessions.
The previous rule of sixty taels of peeling and filling grass is gone. The threshold for death for corruption has been raised considerably. Adjustments have also been made to many extrajudicial sentences. In the future, the Ming Dynasty will be executed, and the maximum punishment will be Ling Chi. Peel or something, there won't be any more.
In addition, in addition to the changes in the system, there are also a lot of applications to the original Da Ming Law.
After all, the law of the Ming Dynasty, the law of the Tang Dynasty, and the law of the Song Dynasty have been inherited in the same vein and have been inherited for hundreds of years, and there is still some truth. And if there are too many changes to the Ming Law, the turbulence will be even greater.
He Xi's idea was simple.
That is the sausage cutting tactic, little by little, one by one.
It's just that He Xi also knows that the next time the law is revised, there will be no Zhu Yuanzhang. Without Zhu Yuanzhang's support, it would be a tough battle.
Zhu Yuanzhang is both happy and dissatisfied with the new Ming Law.
Zhu Yuanzhang felt that He Xi's steps were too slow. He Xi is too bold. It's just that Zhu Yuanzhang thought a lot, especially when he thought of the prince, he only sighed and said; "Sooner or later, the world will be yours." Then there was a greeting. Let Xu Zheng take the seal.
Zhu Yuanzhang personally used the seal on it.
Generally speaking, the matter of its practical printing is done by the eunuchs, and Zhu Yuanzhang does not need to do it himself.
However, I saw that the long scroll of the new Ming Law appeared on it, leaving traces of a seal: the treasure of the Ming Emperor.
Seeing this, He Xi secretly breathed a sigh of relief in his heart. Anyway. The main purpose of his visit to Nanjing was accomplished.
Zhu Yuanzhang said: "Are you ready to leave Beijing?" ”
He Xi said: "Your Majesty is wise. ”
Zhu Yuanzhang said: "How are the preparations for the establishment of a province in eastern Liaodong? ”
He Xi said: "It's already ready. ”
Zhu Yuanzhang said: "When you take care of the affairs of the secretary and supervisor, you can leave." ”
He Xi said: "Thank you, Your Majesty. He Xi paused slightly and said, "Your Majesty, who will bear the affairs of the ministers in the secretary and supervisor?" ”
Zhu Yuanzhang said: "I have my own arrangements. ”
He Xi already had some speculations in his heart. He secretly said in his heart: "It should be the crown prince." ”
He Xi is very aware of the importance of the secretary and supervisor, because of the influence of the prince, the Ming Dynasty is in the secretary and supervisor. After He Xi left, there was only Fang Xiaoru in the secretary and supervisor. Nothing will work. This is not something that Zhu Yuanzhang is willing or unwilling to do. Fang Xiaoru's qualifications are not much higher than He Xi's. In terms of identity, it is much worse.
He Xi is still Zhu Yuanzhang's son-in-law, who is Fang Xiaoru?
Leave the world's major affairs to Fang Xiaoru alone, not to mention whether Zhu Yuanzhang himself is at ease or not. Many noble ministers are not at ease.
And Zhu Yuanzhang did not explain the successor, that is, this person does not need to make more arrangements for his succession. You must know that the secretary and supervisor are busy, and it is difficult for ordinary people to adapt to it when they suddenly come in.
There is only the crown prince, and there is no need for a handover at all.
That's right, Zhu Yuanzhang is thinking of the prince.
During this period of time, Zhu Yuanzhang thought a lot. He finally gave up on the deposed prince. On the one hand, Zhu Yuanzhang has such and such dissatisfaction with the prince, but he still recognizes the prince's ability. handed over the Daming country to the prince, Zhu Yuanzhang was worried about where the Daming country would go, not about the collapse of the Daming country.
But if you leave it to someone else, you have to worry about that.
What's more, the abolition of the crown prince is also a very large project. Now that Zhu Yuanzhang is promoting the change of the law, it has actually aroused dissatisfaction from all over the world. Zhu Yuanzhang didn't know. Two big things to do together. Zhu Yuanzhang is not worried. He lived for a day, and no matter what he did, he was not afraid.
But at his age, how can he not think about what is behind him.
What will happen to him when he's gone?
Zhu Yuanzhang didn't dare to think about it.
I had to give up.
Since there is no idea of abolishing the prince, it is not a matter for the prince to be outside the capital for a long time. The commotion of the kings of the world, the prince knows, and Zhu Yuanzhang also knows. Therefore, when the prince was thrown out, he was worried that the prince would rebel against the matter of revising the Daming Law. Now that has been done. You can let the prince come back.
It can also be regarded as the heart of the people of the world.
Moreover, Zhu Yuanzhang also had to admit one thing, he was old. The energy and physical strength are not as good as they were back then.
Without the assistance of the prince, Zhu Yuanzhang felt a little difficult in many things. A lot of places can't do it. And dividing the government to others, Zhu Yuanzhang is not at ease. It is estimated that the only one who can reassure Zhu Yuanzhang is the prince.
After all, it is a father and son, not an outsider.