Inner Enfu Palace.

Zhu Guoxiang was taking care of the precious flowers and trees left by Song Huizong, picking up and washing his hands, and asked, "What is the criminal system?" The Tang Dynasty had "Tang Law" and the Ming Dynasty had "Da Ming Law", why was there only one "Song Criminal Law" in the Song Dynasty? ”

Zhu Ming lay on the rocking chair and drank tea and explained: "The criminal system is the compilation and interpretation of criminal laws and regulations. Because of the special political environment at that time, Zhao Kuangyin was very anxious to formulate the law, and it only took half a year before and after. So I copied Tang Law directly, and only changed some words that needed to be avoided. The compiler of "Song Criminal Unity" came from the Later Zhou Dynasty, and he had just finished compiling a "Great Zhou Criminal Rule", so most of the "Song Criminal Statistics" was copied. For the compiler, it is also regarded as copying himself. ”

Zhu Guoxiang roughly understood: "That is to say, compared with the "Tang Law", the legal framework of the Song Dynasty has not changed as a whole, but the specific judgment and sentencing and legal interpretation have been changed? ”

"You can say the same thing." Zhu Ming nodded.

"What about Zhu Yuanzhang's "Da Ming Law"?" Zhu Guoxiang asked.

Zhu Ming replied simply: "The Da Ming Law is more systematic, holistic, unified and standardized, with more emphasis on procedural justice, judicial fairness and official integrity. The laws of the Tang and Song dynasties had more room for maneuverability and did not have enough constraints on officials. This is determined by Zhu Yuanzhang's character and concept of governing the country. ”

"It's okay, procedural justice is very important." Zhu Guoxiang nodded and said.

Zhu Ming said: "The focus now is how big our steps should be, and whether the steps will be too advanced." For example, should the eight-council system be retained, and if so, how much should it be retained? ”

"What is the eight-council system?" Zhu Guoxiang knew nothing about ancient law.

Zhu Ming explained: "There are eight types of prisoners, such as the emperor's relatives and relatives, such as special talents, such as those who are highly respected, and those who have made great contributions. For these prisoners, officials can try but not execute, and must report to the central court, which is consulted by the central ministers. The verdict was then submitted to the emperor for adjudication. ”

"It's hard to decide." Zhu Guoxiang muttered.

The father and son still retain a modern mindset, but at the same time they are integrated into ancient society, which creates a sense of disconnection in the perception of many things.

After careful consideration, Zhu Guoxiang said: "The eight-council system can be partially retained, but it must be strictly defined. For example, a person with high moral integrity cannot be objectively judged at all, and whether he is a person or a ghost can be highly respected. There are also relatives of the emperor and the country, and it cannot be said that they are related to each other. Moreover, the verdict of the important ministers is discussed, and if it involves the law of capital crimes, the king of heaven and Lao Tzu cannot be exempted. The conditions for forgiveness under the eight-council system are at most below the crime of exile, and the murderer must not be violated! ”

"In other words, the prince has to pay for his life if he kills someone?" Zhu Ming asked.

"Yes," Zhu Guoxiang said, "even if you want to be pardoned, it can only be pardoned by the emperor, and the important ministers have no right to avoid death when they deliberate!" ”

The father and son began to discuss in detail, and finally reduced the scope of the eight-council system that had existed since the Wei and Jin dynasties to a three-council system, and strictly stipulated the scope and content of its implementation.

First of all, the emperor's relatives and relatives, only the blood relatives within the emperor's five suits can do. The Empress Dowager, the Empress Dowager and the relatives of the Empress Dowager were canceled from the Eight Councils!

Cancelled (the old royal and the long-lasting), cancelled!

Yixian (virtuous and virtuous sage), canceled!

The guest of honor (mainly referring to the royal family of the former dynasty and the Confucian family), canceled!

Attendance (those who have worked hard for the country), canceled!

Discussion of talents (those who have great talents to settle the country), cancel!

There are great meritorious people and magnates (first-rank lords and third-rank officials and above), retained.

Something has to be preserved -

For example, a person who has made great contributions to the development of the country's territory has too many interests involved in all parties. Once the judiciary is given the right to decide, it can lead to very serious consequences, and even become a tool of political struggle, and decisions must be made by the emperor and the center.

For example, the first rank of the lord and the third rank of the official and above, these are all senior members, and they must be collectively discussed by the central government, and then handed over to the emperor for judgment, otherwise it will cause political turmoil. (There are more detailed regulations on official crimes, and strict regulations must be imposed on which level of department can judge which officials.) Most of the emperor's relatives also have official status, which is counted in the official crime regulations. ）

Eight discussions have been changed into three discussions, and there has been historic leapfrog progress!

In fact, Zhu Guoxiang and Zhu Ming's cancellation of the criminal proceedings of the relatives of the queen mother and the queen seems to make the law more just, but it may have the opposite effect when implemented.

For example, if the empress's cousin commits a crime, the former officials could play it and hand it over to the emperor and important ministers to deal with. In the future, the adjudicating officer will have the right to make decisions, and there is no need to report it again, but will be frightened into not sentencing, or even help the person involved in the case to get rid of the crime.

Sometimes the law that is more just is applied in practice but brings injustice.

This version of the "Da Ming Law" will definitely be revised in the future and adjusted according to the actual use.

Only when both father and son are dead will the "Da Ming Law" be unchangeable, and future monarchs and ministers will use supplementary regulations to fill the loopholes.

All dynasties and dynasties have been like this, Taizu and Taizong set the laws of their ancestors, and the subsequent emperors carried out various supplementary regulations, and no law is immutable.

After finalizing this, Zhu Ming said: "There is also atonement, which is also constantly shrinking. The Song Dynasty was stricter than the Tang Dynasty, and the late Northern Song Dynasty was also stricter than the early Northern Song Dynasty. Zhu Yuanzhang's "Da Ming Law" can be used for reference, but it is only for reference. ”

Zhu Guoxiang said: "The atonement ordinance can be abolished. ”

Zhu Ming said with a smile: "Zhu Yuanzhang's "Da Ming Law", the atonement clause for misdemeanors, is more like a disguised fine and community labor reform. For example, whipping and cane punishment, those who have money to atone for their crimes, those who have no money to atone for their crimes, and help the government carry charcoal and bricks can all be used to atone for their crimes. ”

"This is okay, but it's actually a fine for a minor crime." Zhu Guoxiang nodded.

"But I don't agree with paying a ransom for a felony," Zhu Ming elaborated on his thoughts, "I think that if you are sentenced to less than one year in prison, you can pay a fine to atone for your crime, but if you are sentenced to more than one year in prison, you must go to jail!" As for exile and capital crimes, they cannot be paid for or exempted from punishment! ”

These are groundbreaking things, which can only be negotiated by father and son, and cannot be handed over to the minister to formulate.

Because the regulations of the previous dynasties to punish copper atonement were too lenient for the powerful and rich.

At the beginning, Zhu Ming angered Song Huizong, and he was not afraid of being imprisoned, but he relied on the atonement clause. He did not commit the ten heinous crimes, and he has an official status, no matter how serious the crime of Song Huizong is, Zhu Ming can pay a fine to avoid death and exile.

Zhu Ming also said: "What needs to be formulated by us personally is also the law for officials. In particular, in the definition of the identity of officials, is an official considered a citizen? Is it suitable for the criminal law to bind the people? ”

"It's the people!" Zhu Guoxiang nodded.

When officials violate the criminal law, should they be guilty of the same crime as ordinary people?

Of course, modern people feel that they should be guilty, but in ancient societies it was not.

Zhu Yuanzhang set a precedent of "the same crime between the government and the people" by killing his own horse.

Zhu Ming said: "The Da Ming Law we formulated should give a clear definition, that is, when officials violate the law, officials and ordinary people belong to the same criminal subject. ”

"As it should be." Zhu Guoxiang said solemnly.

The father and son discussed for two days, explained the groundbreaking things clearly, and then Zhu Ming wrote the general outline.

The "General Outline" is more like a brief constitution, expounding the legal system of the Ming Dynasty and the attributes of the state, discussing the relationship between the emperor, the government and the people, and setting the tone of "the people are the foundation of the state", and then discussing the significance of compiling the "Ming Law".

Zhu Ming summoned the members of the cabinet and the secretary of the Criminal Department, showed them the "General Outline", and expounded on those groundbreaking things.

The crowd was silent, as if digesting new ideas.

In fact, when Zhu Guoxiang was governing Sichuan, he had already shown a lot of things, and Zhang Gen and others felt it.

But when it was written into the law, they were somewhat affected.

Under the laws of the new dynasty of the Ming Dynasty, civil officials who did not commit the heinous crimes would be sentenced to death, and even exile could not pay a fine to offset the crime.

This is too harsh, the official is boring!

Liu Ying, the secretary of the Criminal Department, couldn't help but say: "Your Royal Highness the Prince, once this law is promulgated, as the secretary of the Criminal Department, I am afraid that he will be pointed at by Qianfu." ”

Zhu Ming said with a smile: "I have read the "Song Criminal Union", and I have also consulted the regulations of the early Song Dynasty. In the early years of the Song Dynasty, among the crimes committed by officials, the treatment of corruption and perversion of the law was the most severe. After only a few decades, corruption became commonplace, and even the emperor did not bother to punish corrupt officials. It is not that the laws of the Ming Dynasty are too harsh, but that the Song Dynasty is too lenient to officials, even to the point of laissez-faire. ”

Now that the crown prince has set the tone, the ministers can't say anything more.

After reading the outline, Zhai Ruwen praised: "Such an outline is extremely well-organized, and it can be a good law for all generations." ”

For ancient times, it was not realistic or necessary to have a separate classification law.

Therefore, Zhu Ming borrowed the form of Zhu Yuanzhang's "Da Ming Law" and classified the law in the name of six parts.

The law of officials, that is, the clause of officials, enacts laws on corruption, malfeasance, fraud, favoritism, etc. Election of officials, promotion, rewards and punishments, these rules are also among them.

Household law is mainly the content of civil law, including taxation, marriage, disputes, property, commerce, publishing, etc.

Etiquette, wedding and funeral rules, social ethics and morality, and even imperial examinations and so on.

The law of war, in fact, is military-related law, and the more detailed military law is not included.

Criminal law, i.e., criminal law.

The law of work, the official rules related to the project.

This way of classifying the law is quite admired by the ministers in front of them, and it is clear and organized just by looking at the outline.

Zhu Ming said: "For the compilation of the "Da Ming Law", His Majesty is the president, I am the vice president, and the ministers are all compiled. Specifically, it is entrusted to the Criminal Department, but it requires the joint efforts of all departments. Manuscripts are submitted once a month, first for review by me, and then submitted to His Majesty for review. Strive to complete the compilation in eight months, and then revise it on a trial basis for three years, and then check and fill in the gaps when the time comes. ”

"Yes!" The ministers gave up.

Zhu Ming is extremely cautious about this law book, because it may affect China for hundreds of years to come, and it will still have a lasting influence even if the dynasty changes.

The people are the state, and the officials and the people are guilty of the same crime, these eight words are clearly written in the book.

Whether it can be done or not, it must at least become a social consensus. If someone violates it, maybe he will get away with it, but everyone should know that it is not right.

Yes or no, this is important!

Leaving the more detailed legal content to professionals to formulate, Zhu Ming finally had time to meet with the Goryeo envoys.

(End of chapter)