Haisheng Mingdi

Chapter 728 The Prince
"Your Majesty, the crown prince is still kneeling outside the palace, and he can't get up no matter how much he persuades him."

Liu Chao came in to report, Yu Xin couldn't bear it, "It's still snowing outside."

Zhu Yihai put on his clothes and went out, and came outside the hall. On the steps outside the corridor, Prince Hongjia was kneeling in the snow, motionless, a thin layer of snow had already accumulated on his body.

"What's wrong with you?"

Hong Jiadong's face was flushed, and his voice was trembling, "My son, please change your mind and take back your life, don't abolish your mother."

"She doesn't even recognize your son."

Zhu Yihai helped Hongjia up, patted the snow off his body, and put the white bear cloak on him, "Go into the room and talk."

Entering the hall, Zhu Yihai waved back the outsiders.

Only father and son remained.

"Have you read Zi Zhi Tong Jian recently?"

"I will read it every day, and I also invite the servants of the East Palace to explain and teach."

Zhu Yihai shook his head.

"You read it every day, don't you understand the slightest bit? All I have done is not only for you, but also for the long-term peace and stability of Ming Dynasty in the future, and for greater prosperity.

Have you ever read Emperor Wu of the Han Dynasty Killing His Mother and Establishing His Son? "

"Have you read the Xuanwumen Incident? Do you remember that Li Chengqian and Li Tai fought for the crown, but in the end Li Shimin chose Li Zhi?"

"The crown prince is the crown prince and the foundation of the country. When it comes to disputes over the foundation of the country, it is no longer a personal issue, nor is it a matter of the emperor's family. You are still young, but if you want to become emperor in the future, you should not only look at and consider issues from a personal perspective. You have to be at the highest angle.

The monarch is benevolent, but he cannot have the benevolence of a woman.

If it is for a little bit of benevolence, or even false benevolence, but finally bury hidden dangers and make a big mistake, then it is too late to regret. "

Qin Huang, Han Wu, Tang Zong, Song Zu, so many heroic emperors all stumbled on the matter of establishing a crown prince, and Zhu Yihai had to guard against it.

"Since I have chosen to maintain your status as the eldest son and choose to make you the crown prince instead of abolishing the elder and establishing the younger, I have the responsibility and obligation to clear the obstacles for you. I also know that you are young, and you may even feel ashamed of Queen Zhang and Hong Kong in your heart." Zhi, this is not a bad thing, but it has to be changed in the future.

You don't need to participate in these things, I will take care of them. "

"I asked you to participate in the revision of the new Daming Law, how are you doing?"

While asking questions, Zhu Yihai made a cup of ginger tea for the prince.

The prince took it, took two sips, and felt much warmer all over.

Zhu Yihai has long been working on revising the new law. The basic law of the Ming Dynasty is the Great Ming Law, which was formulated by Zhu Yuanzhang. It took more than 30 years and there are more than 400 articles in [-] volumes.

It changed the traditional system of the Tang and Song Dynasties, but formed a new structure based on the seven chapters of Mingli, Libing, Hugong, Xingli, etc. This is also related to the Hongwu Dynasty's abolition of the prime minister system and the strengthening of the six-part system reform.The characteristics of Ming Law are that the provisions are simpler than Tang Dynasty, and the spirit is stricter than Song Dynasty, and it has been in practice for more than [-] years.

In addition to the law of the Ming Dynasty, in order to implement the method of punishing the country with heavy codes and prevent extrajudicial abuse, Zhu Yuanzhang also created a special law, which consists of four articles and 230 six articles. The cases were sorted out and compiled, together with the teachings issued due to the cases, and promulgated as special decrees throughout the world.

In the early Ming Dynasty, the imperial court required every household to have a copy, and the imperial examinations were also included in the content of the imperial edict. However, after the death of Zhu Yuanzhang, the imperial edict, which had overridden the laws of the Ming Dynasty and the order of the Ming Dynasty, was actually abolished.

Zhu Yihai asked for a new law because he felt that after nearly 300 years, the law was still not up to date. For example, he felt that the crime of treachery and the imperial staff, which were unique to the Ming Dynasty, were inappropriate.

Generally speaking, there are many loopholes in its criminal legislation and civil legislation, as well as some inappropriate legislative standards.

In addition, administrative legislation should also be changed to suit the new situation.

However, the matter of revising the law is not easy. After all, it involves too much, so after several years of revision, there are several first drafts. Zhu Yihai attaches great importance to it, deeply participates in it, and puts forward a general direction, but several drafts do not satisfy him.

He has long proposed that it is necessary to summarize the experience of the laws of the past dynasties, but also to absorb the essence and discard the dross, to adapt the laws to the new situation, and to escort the great Ming Dynasty.

Propose a new law of the Ming Dynasty, officially named the Code of Ming Dynasty, which is divided into several basic laws such as the Civil Code, the Criminal Code, the Military Code, and the Political Code.

For example, the Civil Code governs the entire civil law and is the basic law of civil law. The following chapters will also be divided into articles on marriage and family.

Zhu Yihai is more inclined to perfect the law.

The law is the bottom line, so this bottom line must be drawn well. After the line is drawn, for the imperial government, it cannot be done without the authorization of the law, but for the people of Ming Dynasty, it can be done without the law's prohibition.

This new law is more comprehensive and systematic. In addition to the participation of various judicial departments in the revision, the cabinet, six ministries, the Prime Minister's Office, the Imperial Academy, and the Zhan Shifu all participated in it, as well as senior officials above the fifth rank, all of whom asked for comments, and even the first draft of each edition. , It is also necessary to announce to all officials and accept their suggestions.

The final official draft must also be publicized to the world and accept suggestions from the common people.

After the completion of the Great Ming Law Code, it is necessary to explain the meaning of the law clause by clause according to the spirit of the legislation and the legal text, and to analyze the connotation through question and answer, and even add relevant real cases to explain the doubts. Cheng Law Shu.

Especially on some more controversial issues, provide precedents.

"Suggestions on the Great Ming Law Code" was promulgated after the "Da Ming Law Code". While formulating new laws, it also made authoritative legal interpretations and provided typical cases to facilitate actual judicial trials, and also to plug loopholes and avoid ambiguity dispute.

Civil law, criminal law, administrative law, military law, etc. are all in place at one time.

With these brand-new legal standards, in the future, officials, gentry, and common people will have more rules to follow.

Some important issues are directly written into the code, such as the sanctity of private property, and the treatment of rape, adultery and other crimes in the crime of adultery is also stricter.

In the Qin Dynasty, fornication was a felony, punishable by capital punishment, and everyone could get it and punish it, and kill them without guilt.You can kill without warning, and lynching is also legal.

In the Han Dynasty, adultery was also guaranteed to be executed. Emperor Wen of the Han Dynasty added castration, and castration of adulterous men was better than death.

The Tang Dynasty was relatively open, so fornication became a misdemeanor, and the adulterer was sentenced to one and a half years in prison for both men and women, and only two years for those who had a husband.

In the Yuan Dynasty, it was changed to severe punishment, allowing lynching. The husband can catch the adulterer and kill the adulterer and adulterer on the spot.

In the matter of adultery, the Ming Dynasty basically followed the Ming Dynasty, allowing the husband to catch the adulterer, and can kill on the spot without guilt. Adultery is punished with eighty sticks for adultery and ninety sticks for adultery, which is three sticks more than the Yuan Dynasty. , the same follow

The relevant laws that have been enacted now, under the crime of adultery, they list adultery, rape and rape.

For adultery, they plan to give one hundred rods first, and then the adulterer can be resold by her husband, but not to the adulterer.

Zhu Yihai feels that the crime of adultery is not perfect enough. It is not appropriate to allow lynching or even murder on the spot. What he suggested is to allow adultery but not to use severe punishment privately and not to kill people. Yes, but first of all, it must be the husband or wife of an adulterer. Others cannot be lynched, and a beating is acceptable, but it must not cause serious injuries, disabilities, let alone beating to death, or dipping a pig cage or something.

Secondly, in addition to one hundred rods for adultery, there are other punishments. The adulterer will be fined silver and exiled. Alimony etc.

Adulteretic women will be sentenced to leave directly with a hundred sticks, all property will belong to their husbands, and those who have children will also belong to their husbands, and they will be exiled to the frontier.

For men who rape and rape, only men are punished and women are protected. Not only criminal men are punished, but also castration and exile as slaves on the frontier. At the same time, property compensation must be given to the victimized women.

For these crimes of rape, the husband, wife and wife of the parties can be caught and beaten, but they can’t be severely injured or disabled, and they can’t be illegally imprisoned, tossed, or killed. The guilt is reduced by one class.

For adultery, you will be fined with money and exiled, and raped and raped will even be punished with castration, and you will be fined with money, compensated for money, and exiled.

However, Zhu Yihai specifically asked to add a point that unmarried men and women are not counted as adultery, but are punished with other crimes such as indecent crimes. Basically, they are sentenced to rod punishment, at most one to three years in prison.

If either party has a family, it still constitutes the crime of adultery, but the party without a spouse will be punished more, and it will be changed to one to three years in prison.

Adultery is not just a matter of morality. It is also allowed to catch adultery with a knife. As for rape and rape, it is a criminal felony and must be severely punished.

After being caught and convicted, he will be cut first and sentenced to castration.

Others, such as lawsuits, civil lawsuits, criminal lawsuits, and administrative lawsuits, also have special regulations, and some restrictions have been relaxed on people's lawsuits and even lawsuits against officials to ensure justice.

The emperor's request was put there, and the ministers perfected the regulations and interpretations based on this legislative idea, but after several years of work, it has not been completed yet, and several drafts have been revised. Although there is progress every time, it is always worse.

Now Zhu Yihai specially asked the prince to take charge of the compilation of the code, in fact, it was to make a contribution to the prince, and at the same time, he also took this opportunity to let the prince exercise more.

"Put all your thoughts on the Great Ming Law Code and the Great Ming Code of Laws, and hurry up. I will give you a draft reply. You must seriously consider it and revise it as soon as possible. After the Dragon Boat Festival, you will go to Beijing first.

After the fall, I will go to Beijing to celebrate the Mid-Autumn Festival. "

Hong Jia also wanted to persuade Zhu Yihai not to abolish the empress, Zhu Yihai patted him on the shoulder, "I don't want to hear these words again, it's all for your own good, and it's also for the sake of Daming Jiangshan.

If you really feel ashamed of their mother and son, you will remember the oath you made to me in the future, and you will personally bring Lao Jiu by your side to teach him, and he will go to Yongning to build a feudal clan in the future, so be kind to him. "

Zhu Hongjia proposed to choose a better place for Lao Jiu to build a feudal clan.

"No, it's Yongning, nothing can be changed, it's a blessing that he stays away, understand?" Zhu Yihai said earnestly.

(End of this chapter)