Chapter 1347 - Reform of the legal system
"Lone first asked Xie and Wei Erxiang, what is manslaughter?"
Wei Yuanping didn't care about responding: "Prince, the old minister has not been appointed to the post of criminal sentence, so he does not understand the law." ”
Isn't it funny that the prime minister of a country is legally illiterate, and he is still so right? But in the Great Zhou, this is really not Wei Yuanping's absurdity - the judicial officials have always been sentenced to justice, and they are ashamed of the world, thinking that this is all a cold door or a way for small officials to be promoted, since Emperor Wu of the Han Dynasty, they all pay attention to governing the country with Confucian rites, and the real scholars only need to read through the history of the rites and scriptures, who has nothing to do every day, and holds the law to study? There is no way to be appointed as a judicial officer, Wei Yuanping has always been proud of being such a cool official as not serving as a judicial officer.
The prince didn't care about Wei Yuanping's attitude of no one in his eyes, and asked Xie Raoping with a smile: "Xie Xiangguo has never served as a criminal officer of Fa Cao, I'm afraid that he is not familiar with Zhou Law, so he used such fallacious words earlier to defend the officials recommended by the Minister in the past, right?" ”
This is said, even if Xie Raoping is familiar with the law, he can't admit it, otherwise wouldn't he admit favoritism and force his arguments?
"One article of our country's law stipulates that causing others to die because they are beyond the reach of their ears and eyes and their thoughts is manslaughter. For example, there was a case where two people were playing in a boat, and one person accidentally pushed the other person into the water, but could not save the person, causing death, and the law ruled that it was manslaughter, which was later corrected, this is a play and not negligence, the difference is that although there is no intention to kill, the practice of pushing a person into the water should be foreseen to cause death, so it cannot be concluded that manslaughter should have two prerequisites, one is that there is no intention to kill, and the other is that there is no act that endangers the life of others. ”
"However, Zheng Yi's death was for Zheng Dan to order the cane to blame, the servant did not dare to use force, Zheng Dan did not understand the hatred and anger, and held the cane with his own hands, thirty canes have made Zheng Yi faint, Zheng Mi's wife heard the news, knelt down and begged Zheng Mi's subordinates to show mercy, Zheng Mi still did not give up, forced the servant to kill Zheng Yi with a cane, Zheng Mi said that the cane was killed, indicating that there was intention, how can it be concluded with manslaughter?"
Seeing that Xie Raoping couldn't quibble, Feng Jizheng had no choice but to bite the bullet at this time: "Your Royal Highness can understand the law at a young age, which is really the luck of the monarchy, and the minister agrees with His Highness, Zheng Tang really can't be concluded with manslaughter, and when applicable, parents beat their children and grandchildren, and the punishment is one and a half years." ”
Zheng Tang's official position must not be kept, but this is not Feng Jizheng's concern, but the Ministry of Industry is vacant, and he can recommend the party to succeed him, but this person wittily perceives that the queen's intention is to use Zheng Tang's case to limit the power of the elder, if he sits on the wall and watches, the Empress Dowager Wei will no longer be able to suppress the queen in the future, and he will lose this arm, which is of course harmful and useless.
It's a pity that although the prince doesn't know Feng Jizheng's scheming like this, he is not so easily fooled.
"Feng Shilang neglected a crucial one, the law of Zhou is determined, grandparents and parents beat their children and grandchildren, and they are imprisoned for a year and a half, and there is still an essential premise, that is, the children and grandchildren will violate the fatwa first. What is a fatwa? Zheng Tang's desire to seize others and force his son to do illegal things can be called a fatwa? If the patriarchal authority is above all else, and the father violates the law, shouldn't the son discourage him and follow the law? So, should a descendant obey his father's command, or should he obey the law of the land? As an official, Zheng Tang bullied the people, first committed disloyalty, did not listen to his son's dissuasion, but beat his son, and then committed unkindness, so disloyal and unkind to take advantage of the people, what is the difference between evil and murder and robbery? is only sentenced to one and a half years in prison, how can it make people convincing, afraid of the people, and even more suspicious of the protection of court officials. ”
Feng Jizheng was defeated, and his face was gloomy and ugly for a while.
The prince concluded: "From the point of view of Yi Gu, if it is proved that Zheng Tang is guilty of robbing the people's property, beating Feng Mei, and ending up depressed, although he does not commit the crime of murder, but his behavior is forcible and evil, he is an official, and the crime of bullying the people and ignoring the law and discipline is added to one degree, and he should be hanged, not to mention beating his children and grandchildren for no reason, losing his feelings, and committing the crime of killing by reason, even if he is a father, he should be reduced by one degree, and he should also be hanged." ”
Lin Xi, Shao Guang and other officials, who hated the most in their lives, naturally seconded the proposal for officials such as bullying the people and mutilating innocent people, and the Dali Siqing, who was in charge of hearing the case, was cautious, although he disagreed, but seeing that even the mastermind Feng Jizheng was speechless, Tao Baoyi and others even seconded the proposal to severely punish Zheng Tang, how could they be willing to provoke fire at this time? He was a veritable judicial officer, and if he was convicted of ignorance of the law, he would not be able to keep the official hat on his head.
And although Shiwang has always disdained the judicial position, Yan Shen is not Shiwang, and Dali Siqing is very different from the common law Cao Torturer, it can be said that without Feng Jizheng's recommendation, Yan Shen can't even think about this position.
He also hopes to be promoted, and he must be promoted to the post of Dali Siqing, and at this moment, he can only remain silent.
But the purpose of Eleven Niang is far from correcting Zheng Tang.
However, although Zheng Tang indirectly killed Feng Mei, this crime alone is not enough to make the sponsor Xie Raoping resign and demote, if the recommendation is not careful, it will lead to such serious consequences, I believe that in the future, no one in the court will dare to recommend talents, even the secretary of the ministry, I am afraid that no one will dare to take the position. And in Chaotang Prefecture and County, there are so many officials, it is impossible for all of them to be appointed by the Son of Heaven, and even if the Son of Heaven is busy, it is impossible to guarantee that the appointee will not make any mistakes at all.
Therefore, Shi Niang did not ask Xie Raoping about the crime of negligence for the time being, and declared: "Before the Holy Lord set out on the expedition, he intended to reform the legal system, but because for many years, the officials have bent the law and deceived the people. If the legal system is strict, the officials are upright, and the people can live and work in peace and contentment, why should they be afraid of banditry and rebellion? The case of Zheng Tang in this palace is even more thought-provoking. ”
Eleven Niang looked at Xie Rao Ping coldly: "Even Duke Xie and Duke Wei, who are important ministers in the political hall, do not know that their fathers and ancestors beat their children and grandchildren, there are still restrictions, and they think that no matter the reason, they can get a light sentence, not to mention that thousands of subjects, who cannot understand the law, will beat the servants of the master, and beat the humble for the venerable, as a matter of course." ”
"In the long run, I'm afraid that the crime of rebellion can't be hidden, and it will become a dead letter!"
The queen made a start, and He Zhan immediately helped: "The minister seconded the proposal, it is imperative to reform the legal system and clean up the official system, and the current law, the crime of killing and wounding should also be more clear, otherwise when it is appropriate, it is inevitable that there will be a criminal judge who misjudges, resulting in an unjust case, for example, there is a lot of controversy about what is a fatwa, yes, the minister suggested that the rule that the elder can be pardoned for beating his descendants, and the descendants who do not obey the fatwa can be punished, but they cannot kill or injure their descendants, otherwise they will be punished for the crime of seven killings, and if the descendants are disobedient and unfilial, they should be reported to the government for execution. ”
The queen advocated that He Zhan's proposal naturally caused a sudden uproar in the court.
Someone said: "If the son disobeys his father and is not punished, is it not innocent for the minister to rebel against the king?" ”
Someone said: "The tyrannical Qin ruled the country with the Legalists, and died in the third generation, since the Han Dynasty, they all ruled the country with Confucianism, this is the right way, how can the queen follow the tyrannical Qin, and violate the right way?" ”
Wei Yuanping simply jumped to his feet: "I have only heard that the imperial court has educated the people and stopped lawsuits, and the queen intends to implement the cool law and provoke lawsuits, does she want to let the society be wiped out in civil strife, and let those ordinary people show off their power in front of us and other officials!" ”
"Wei Xiang's last sentence is really to break through today's palace discussion, and many courtiers panicked." Eleven Niang drank coldly: "Why is Feng Mei's case, after many years, until now her son has beaten the drum and sounded the grievances, which made the court shake?!" It's not that Feng Ji didn't sue in the past, but that Wan Nian Ling was not sued at all, and he didn't bother to ask indiscriminately, and first used the crime of false accusation to drive him out of the torture hall, and Feng Ji had no way to sue him. ”
"At the feet of the Son of Heaven, there are still people who are oppressed by evil officials, the dead are blind, and the living are hateful, not to mention the distant regions of states and counties, how many officials are corrupt and pervert the law, so that the people suffer from unjustified disasters, and they dare not speak in anger? ! Zhu Qing emphasized the rule of etiquette and the study of sages, so I ask you, who are the sages who will ignore the society and the people's livelihood and advocate greed and hegemony? Emperor Wu of the Han Dynasty, although he mentioned Confucianism, but he had abandoned the law, and I was the ancestor of the dynasty, and he won the world, so he ordered the reform of the law, improve the law, and instructed future generations that the law and discipline should not be disordered. ”
First refuted Wei Yuanping speechless, Eleven Niang said again: "Lawsuit? Who says that reforming the legal system necessarily encourages litigation? However, in today's situation, because of the rampant corruption of corrupt officials and corrupt officials, the people are not able to live and die countless in vain, do they still have to persuade the people to settle the lawsuit, swallow their anger, and not report the evil officials? Is this world a holy world or a world of greed? If Wei Xiangguo keeps saying that he is noble and lowly, and he can't disobey it, then this palace asks you, what qualifications do you have to be honorable and receive this honor? You are a minister, you don't think about serving the country, you are an official, you don't think about caring for the people, you don't gain respect for virtue, you boast of your background, you think you can run rampant? The Son of Heaven and the Prince are still worried about the lack of virtue and difficulty in winning public opinion, but it is better for you to be proud of being a powerful and blessed man? ”
He also asked the person who advocated that the son could rebel against the father, and the minister would rebel against the king: "How can the admonition of He Shilang forbid the father and ancestor to beat his children and grandchildren to be compared with encouraging his children and grandchildren to rebel against the father?" If the people of the world are loyal to the king and abide by the law, they naturally deserve the protection of the monarchy, if their fathers and ancestors violate the law and do evil, and their children and grandchildren do not obey, they will be beaten and killed, then will the head of the family not be above the law of the country and the emperor? Another example is the saint, respecting the Queen Mother as his mother-in-law, is it possible that the military affairs, because of the limitations of filial piety, must also obtain the approval of the Queen Mother first? Otherwise, it is unfilial, and it should be beaten to death by the mother-in-law, and it will be pointed out by thousands of people, and the people will not tolerate it? So, on the dragon chair, why should the Son of Heaven sit alone, it will inevitably be delayed, it is better to welcome the queen mother directly. ”
This is not unassuming, but many ministers are speechless.
"The monarch is the minister, the father is the son, it proves that the monarch and the emperor are the leader, and the monarch establishes the law of the country, how can the courtiers not obey it, and excuse it with courtesy and filial piety? Of course, the son must be filial piety, but he must also follow the law first, therefore, this palace agrees with He Shilang's advice, unless the government judges, no one can kill or injure others, the master cannot kill the slave, and the father cannot kill the son! If the father is clothed and the son is a lawyer, should he turn a blind eye to the fact that his father is guilty of murder? If there are still ministers who disagree, in terms of today's words of the palace, the proposed proposition, you may wish to debate first, whether to be loyal to the monarch first, or filial piety is the greatest! ”