Chapter Seventy-Three: Changing the Law and Trying to Strengthen (2)
"The law, which is the written law enacted and promulgated by our dynasty, is the most basic form of law. ”
In the middle, Tianxuan said to the city lords.
"Yes, the power to interpret the law should also belong to the city lord's office or city lord's officials, and the interpretation of the law and the letter of the law should have the same legal effect. ”
Yu Wen followed Tianxuan's words and continued to talk about the law.
Everyone agrees.
Su Zixuan saw the city lords like this, so he said: "So according to your meaning, that is, we want to establish a unified legal system with the centralized power of the monarch, right?"
It should also be rich and complex in terms of content, rich in the characteristics of our world of great controversy. ”
......
The crowd began to talk about it.
After extensive solicitation, the content of the new law was generally discussed, and the new law involves criminal, civil, economic, administrative and other aspects, and determines the relationship with the law.
"Yu Wen, how do you think we should be sure, or should we consider the main aspects?"
Su Zixuan and everyone sat in front of a huge Yuanzhuo, looked at Yu Wen and asked.
After hearing this, Yu Wen also thought a little, and then replied: "The minister thinks that we can consider three aspects. ”
"First, the criminal law aspect. ”
"Second, the aspect of civil law. ”
"Third, the economic and legal aspects. ”
"Oh, three aspects, it's good, what about Xuan Mingjun in your opinion?"
"I thought it was just a big framework, and we had to make the content really concrete. ”
"That's right, Your Majesty! So we're going to have to make every law, but it's going to take a long time. ”
"Well, what Yu Wen said is also true. ”
The two looked at Su Zixuan and said together.
"Since this is the case, then I will give you seven years, with Xuan Mingjun taking the lead, and Yu Wen will be crowned a prince, responsible for cooperating with Xuan Mingjun to formulate a new law. ”
"Yes, Your Majesty!"
......
Three years passed little by little, and the rebellions in the major cities slowly began to decrease, and as for the handover with the Tianlong Dynasty, the soldiers were holding on at night, but overall the situation was not bad.
The night was hazy, starry, and brightly lit, and Yu Wen and Tianxuan were constantly demonstrating the feasibility of the new law.
"I think we can argue separately, and this can also improve efficiency!"
"It's good!"
"I think that in terms of criminal law, we can be guided by the principle of heavy punishment, and re-establish a moderate and moderate criminal legal norm on the basis of the previously established legal system. ”
For example, in the penal system, the basis of the previous penal system can be followed, and at the same time, the scope of application of corporal punishment can be reduced, and the use of labor and property punishment can be increased. ”
"Oh...... You mean the punishment of life?"
"That's right, that's right, the previous five kinds of torture, such as the five punishments, car cracking, chiseling, coercion, and wok cooking, were originally formulated according to the previous dynasty, and they are no longer suitable for the current country!"
"Reasonable, so I think it is appropriate to increase the penalty of hard labor, that is, to restrict the freedom of the offender and to compel the criminal service, but it can be considered. ”
......
In this way, the middle of the night passed.
But it also demonstrates the feasibility of criminal law.
It was written by Yu Wen, and Tianxuan's dictation began to be recorded on the jade paper.
......
"Second, the punishment of shame, the body and skin, the parents who receive it, dare not destroy it, the beginning of filial piety, damage to the body and sideburns and beard are all unfilial acts, and the punishment is unbearable. ”
"Third, the punishment of the offender shall be deprived of the official title and equal status, and the punishment shall be abolished and the title shall be taken away.
"Fourth, the punishment of property, the punishment of confiscation of property, the punishment of forfeiture, the punishment of redemption, and the punishment of confiscation. ”
"Fifth, the punishment of exile, the punishment of forcibly moving the exile to a designated area, and not allowing him to return to his original place without authorization, including relocation, migration, refuge, etc. One is exile for guilt, exile for forgiveness, and exile for innocence. ”
"Well, it's written!" Yu Wen said to Tianxuan.
"In that case, then Brother Yu Wen will rest for a while, and we will continue when we are done. ”
"It's good!"
The two of them picked up the teacup, took a sip each, and rested.
After a few moments, the two of them continued to get busy.
"The scope of application of the criminal law is for officials at all levels to effectively use the means of criminal law, better play their functions in fighting crime, and consolidate the centralized rule. ”
"First, the age and statute of limitations for criminal responsibility, the legal age and time for criminal responsibility to be pursued for criminal offences, juvenile crimes are generally exempted from prosecution or criminal responsibility is reduced in accordance with the law, and adult offenders who die or receive amnesty after committing a crime are no longer prosecuted for criminal responsibility. ”
"Second, the provisions on the distinction between intent and negligence distinguish between intentional and negligent crimes based on the subjective motives of the subject of the crime, with the former punishing heavier punishment and the latter being punished lightly, and sometimes constituting different crimes. ”
"Thirdly, the provisions on aggravated penalties include increased penalties for repeat offenders, accomplices of five or more persons, and instigators who abet juvenile crimes. ”
"Fourthly, the provisions on the reduction of punishment provide for the reduction of punishment for those who voluntarily surrender after committing a crime or eliminate the consequences of the crime. ”
"Fifth, the provision on false accusation and reverse sitting stipulates that those who deliberately make false accusations against others shall be punished with the punishment of the crime of false accusation. ”
"Sixth, the provision of joint sitting, that is, one person commits a crime, and the other related persons are punished together. Scope of application: Relatives sit together, neighbors sit together, and positions sit together. ”
"Xuan Mingjun, slow down, I'm almost out of time!" Yu Wen said with a wry smile.
"Hahaha, good ......"
......
"The main crimes, first, the crime of endangering the imperial power, mainly include slander, fallacy, falsehood, using the past to the present, annulment of the order, and breaking the order. ”
"Second, the crime of obstructing social order, blackmailing, submitting books, false accusations, and fraud. ”
"Third, the crime of disrupting the economic order, concealment, and illegal migration. ”
"Fourth, the crime of human injury mainly includes the crimes of thief killing, thief injury, fighting killing, fighting and injuring, and forcible peace. ”
"Fifth, the crime of dereliction of duty by an official, in which a judicial official bends the law for personal gain, intentionally imposes a light sentence for a serious crime or a heavy sentence for a misdemeanor, which constitutes a crime of injustice, and the crime of arson for arson, and the crime of dereliction of punishment if negligence causes improper sentencing. ”