A thousand-year-old family that began with the Battle of Makino
Chapter 20 Bai Yan Preparation Method
Chapter 20 Bai Yan Preparation Method
meeting hall
Everyone in the Bai family took their seats in turn.
Bai Yan said:
"The state has national punishment, and families have family laws. Without punishment, people in the world will act arbitrarily. Without law, people in the family will not know right and wrong. Therefore, I think it is necessary to establish family laws at home that can be implemented in accordance with it, so as to reduce the risk that the executioner will act according to his own Likes and dislikes, thus turning wrong into right, and turning right into wrong. What do you think?"
Everyone in the hall called him "good".
Bai Yan continued: "Three months ago, the emperor promulgated the "Lu Xing", which stipulated how to use criminal law correctly and reasonably. I retreated for three months and found out the family law that suits my Bai family. I call him "Bai". "Family Law", I will briefly introduce it to you, and ask you to judge."
Seeing that no one had any objections, Bai Yan continued:
"First of all, I divided family law into Bai family law, town civil law, official law and military law. Bai family law was further divided into patriarchal law and ministerial law. The patriarchal law applies to the descendants of the Bai family, the ministerial law applies to each retainer, and the civil law of the town circulates in Baidi. Each township is the basis for the conduct of the people in each town. Official law is the basis for officials to enforce the law. Military law is the law that circulates in the army. Military law is divided into peacetime and wartime.
There are five types of punishment, including punishment, corporal punishment, secret punishment, banishment, and death penalty. Punishment mainly consists of fines. If the fine is not paid, items will be mortgaged and fines will be imposed according to the degree; corporal punishment, mainly whipping and cane punishment; execution is mainly confinement, and the confinement time will be punished according to the degree; expulsion punishment mainly involves expulsion from Baidi and confiscation. All property; the death penalty is the deprivation of life.
Only those who harm the lives of others will be sentenced to death, and the evidence must be conclusive. However, there is no death penalty in the patriarchal system, and the maximum sentence is life imprisonment.
The patriarchal law stipulates: Bai Shizi cannot deprive others of their lives at will, and the offender will be imprisoned for life; he cannot hurt the body of others at will, and the offender will be punished with corporal punishment; he cannot humiliate others at will, and he will be punished with punishment; he cannot reveal family secrets, and the offender will be punished by death; and he cannot be disrespectful to his fellow clansmen. (Including elders to juniors, juniors to elders, and peers), violators will be punished with physical punishment, and those who do not change after repeated admonitions will be punished; they cannot damage the reputation of the family externally, and violators will be punished;···
The law of ministers stipulates: retainers cannot disrespect the master's family, and those who violate it will be punished with corporal punishment; retainers cannot seize public property of the family, and those who violate it will be punished. If the amount of compensation is huge and insufficient, they will be punished with corporal punishment; retainers cannot damage the family's reputation externally, and those who violate it will be punished; retainers must not fail to do their best. Do things, and those who violate them will be punished;···
The civil law of the city stipulates: The people of the city must not fail to pay tribute, and the offender shall be punished; they shall not steal or damage other people's property, and the offender shall be punished; they shall not harm the body of others, and the offender shall be punished with corporal punishment; they shall not damage the reputation of others, and the offender shall be punished. Those who seriously cause loss of life of others will be punished by hanging; do not dump garbage or excrement at will, and those who violate it will be punished;···
The official law stipulates: You cannot enforce the law in violation of the law, and the offender will be dismissed from office and punished; you cannot seize public property, and the offender will be dismissed and punished; you cannot bully the people at will, and the offender will be punished; you cannot ignore things, and the offender will be punished; you cannot break the law. If you harm others' bodies, you will be dismissed from office and punished corporally; you cannot disobey your master's orders, and you will be dismissed from office;···
The military law in peacetime stipulates: You are not allowed to leave the camp without reason, and the violation will be punished with corporal punishment; you are not allowed to exercise when it is not necessary, and the violation is punished with corporal punishment; you are not allowed to beat your fellow soldiers, and the violation is punished with corporal punishment; you are not allowed to insult your colleagues, and the violation is punished with corporal punishment; you are not allowed to disobey orders, and the violation is punished with corporal punishment; you are not allowed to disobey orders, and the violation is punished with corporal punishment; Anyone who pretends to claim credit will be punished by death; do not plunder civilians, and anyone who violates this will be punished by death;···
Wartime military law stipulates: You must not retreat without authorization, and if you violate it, you will be punished with death; if you do not follow an order, you will be punished with death; if you disobey it, you will be punished with death; if you do not follow an order, you will be punished with death; if you disobey it, you will be punished with death; if you do not covet trophies in battle, if you disobey it, you will be punished with death; you cannot not obey the order, if you disobey it, you will be punished with death; Death penalty; Do not make loud noises, otherwise you will be punished with death penalty;..."
Everyone in the hall had thoughtful expressions on their faces as they listened to Bai Yan's family history. When Bai Yan saw this, he said:
"This is just the first draft of the family law. If you have any additions or modifications, please feel free to speak out. After all, this family law is crucial to the future development of our Bai family."
After listening, the ministers did not hesitate anymore and expressed their opinions and areas that should be improved. Finally, the first version of the "Bai Family Law" was finalized by everyone, and the head of the family agreed to approve it.
"The Bai family law" is divided into four major categories: Bai family law, town civil law, official law and military law. There are many subcategories below. For example, Bai family law is divided into clan law and ministerial law, and town civil law is divided into city law and court law. Outside the city, official law is divided into the commander's law and the executor's law. Military law is divided into peacetime military law, wartime military law, officer law and soldier law.
In addition to these large and small types of laws, there are also special laws, such as school law, merchant law, craftsman law, land law, mountain and forest law, fishery and animal husbandry law, marriage law and other special laws.
The "Bai Family Law" stipulates that punishment must be based on law, and the law must be supported by evidence. At the same time, the discretionary law is implemented, and the sentencing judge decides the degree of implementation of the criminal law. If there is any objection, a second sentence can be imposed.
Bai Yan established the Family Law Hall, which consisted of military judges, sentencing judges, patriarchal judges, ministerial judges and supervisory officers responsible for the judgments of military law, prefectural civil law, patriarchal law, ministerial law and official law. At the same time, law researchers are set up in the special research hall to study family law and provide help to family owners in improving family law.
Bai Yan also established a prison hall to manage criminals who have been convicted of breaking the law and suspects who have not yet been convicted of breaking the law. The supervisor, usually a law researcher, supervises the judge's judgment and can raise objections or report to the family head. Cases must be tried together by a judge, a supervisory officer, and a prison officer. The judge presides over the trial, and the supervisory officer supervises the process. The prison officer protects the life safety of criminals, suspects, and all persons related to the case throughout the process.
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Baiyi
During the first judgment in Baidi, the court was surrounded by curious people.
"Dong..." In several cases, a small bronze chime-style bronze bell was ordered to be struck by the judge.
"Quiet! The trial of the case of material theft and copper taels is now open!" the judge shouted, and then the people outside the door became quiet. Because if you disturb the Dharma hall, you will be dragged directly to the Dharma hall and slapped with five sticks as a warning to others.
The prison officer brought Cai and Xiu up, and the judge said
"You two tell me what happened in detail."
Xio looked at the quiet environment of the court hall and suddenly felt panicked. He fell to his knees in fright and said to the judge:
"My lord, please forgive me. I was deceived by the wealth. Cai did not steal Xiao Min's coins. It was me who wanted him to be richer than me. It is Xiao Min's fault. Please forgive me, Xiao Min!" Kowtowed.
The people outside the door were immediately in an uproar and started talking in low voices. "Dong..., quiet," the judge said as he struck the bronze bell.
The judge looked at the kneeling Xio and said, "Are you really falsely accusing me of stealing your coins?"
Xiu said: "That's true. It's a common man who is greedy for money. Please forgive me!"
The judge looked at Xio and said speechlessly: "Since you have pleaded guilty, I will make the following sentence:
Since Yi Minxiu was greedy for the money from Yi Mincai, and although he did not suffer any loss of property, he still damaged the reputation of Yi Mincai, therefore, the magistrate ordered Yi Minxiu to compensate Yi Minxiu for the two taels of copper he extorted from Yi Mincai. times. "
After speaking, he looked at Xiang Cai: "Yi Mincai, do you agree with this verdict?"
Cai said happily: "I agree, thank you sir."
The judge looked at Xiu again and said, "Xiu, the people of Yi, do you agree with this verdict?" Xiu breathed a sigh of relief and said, "I accept the punishment, thank you for your forgiveness." Xiu thought he would be beaten.
The judge nodded and said, "Since both parties agree with the verdict, the verdict is finalized." He then struck the bronze bell and said, "Dong..."
After ringing the bell, the judge took the wooden slip written by the clerk and said to the law enforcement officer: "You go and supervise the two people to complete the penalty. After they are finished, ask them to draw a circle on it to represent that the penalty has been executed, and then put the wooden slip Store it in storage."
After speaking, I looked at the supervisor and saw that he had no objections, and I was relieved.
The people outside the door were very excited when they saw the verdict. They kept clapping their hands and saying, "Okay, great!"
The judge was very happy when he saw the movement outside the door. Then he heard the supervisor's cough, and then he reacted. Then he rang the bell to quiet down the people and start the trial of the next case.
Bai Yan in the crowd was very happy when he saw the verdict and the reaction of the people. Seeing that the court was on the right track, he turned around and left.
Every day, the court arranges several batches of three-person judging teams based on the number of cases to prevent judges from getting tired from judging cases for a long time. At the same time, multiple courts are arranged to hear cases at the same time. There are more courts in places with many cases and fewer courts in places with few cases.
The number of court halls will be set up based on the number of cases each month, so judges are mobile and it is the sentencing hall that decides which court hall they will be in that month.
The creation of the "Baek Family Law" and the establishment of the judge system have led to a sharp decline in the number of disputes in Baekji. The people of Baekji have also developed a habit of going to the judge when they are in trouble. However, for some small matters, the judge will resolve them in a short time according to practice. Unless the supervisory officer objects.
The operation of other legal categories.
Patriarchal clan:
"Bai Ji, according to the provisions of the "Bai Family Law" and "Patriarchal Law" newly promulgated by the head of the family, you have been sentenced to thirty floggings and twenty canes for being disrespectful to your fellow clansmen, humiliating others, damaging the Bai family's reputation externally, and harming others' bodies. And five years of torture." Judge Zong said to Bai Ji.
Neither the supervisor nor the prison officer had any objections, so Bai Ji was taken down by the executive officer for execution, and the supervisor followed to supervise. The other Bai family members, servants, retainers and the people who had been harmed by Bai Ji all clapped their hands and applauded.
The patriarchal hall is usually filled by Bai's sons.
Official law:
"Bao Zheng, because you seized public property, insulted the people at will, and failed to manage the people of the pavilion seriously, you violated the "Bai Family Law" and the "Official Law". Therefore, the sentence is as follows: you will be removed from the post of pavilion chief, be punished with fifty lashes, and confiscate your family property. , the law enforcement officer executes the sentence!" The supervisor said to Bao Zheng, the former head of Wuting Pavilion.
military law:
Above the Baiyi school grounds, all the soldiers lined up in the school grounds.
"Jing Zong left the camp without any reason. According to the "Military Law", Jing Zong is sentenced to fifty lashes and execution by the executioner." The military judge said to the soldiers in the audience.
Later, in full view of the public and under the supervision of the supervisor, Jing Zong was whipped fifty lashes by the executive officer. After the whipping, the doctors from the military camp quickly came forward to treat him.
After seeing Jing Zong being whipped, Sima said to everyone:
"Since the promulgation of the "Military Law", you officers and soldiers should no longer test the law. This is only a peacetime military law. If it is a wartime military law, it will all be beheaded. So in order to prevent you from breaking the law, I specially asked the military judge to Please tell us what the "Military Law" contains, lest you people break the law unknowingly, and I won't be able to save you then! Okay, now we welcome the military judge to teach us the law."
"Pah! Pah! Pah!..."
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King fifty-five years
The emperor of Zhou died, and his son Ji Huan succeeded him as emperor.
Ji Man, the emperor of Zhou, was given the posthumous title "Mu" by his officials and was named King Mu of Zhou. Buddhism and righteousness are called Mu; seeing appearance in the heart is called Mu; holy respect and ritual are called Mu; solemn appearance and respect are called Mu.
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Regarding the emergence of law, it first appeared in the East. According to the Eastern "Bai's Spring and Autumn Annals" and internal records of the Bai family, as early as 926 BC in the Western calendar, during the Zhou Dynasty, the ancestors of the Bai family had already created early laws, and Along with the law came the system of judges. This is simply unbelievable. Are Orientals really the sons of God?
——"Discussion on Eastern Legal System by Professor Addy Reeves of Oxford University"
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(End of this chapter)
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