golden scales

When Zhu Cihong sorted out and recorded his mathematics, physics and chemistry knowledge in junior and senior high schools, he always felt that he was gnawing at the hardest bone, and he kept comforting himself: as long as this heavy truck is pushed onto the track, the rectification of officials and the reform of the rule of law will be much easier in the future.

However, when we actually rectified the administration of officials, we found that there was very little we could do. Apart from perfecting the test method, rationally allocating work tasks, increasing the number of officials, promoting grass-roots control, and cultivating good work habits, it was difficult to achieve substantive results. improvement of.Officials in the Ming Dynasty even had a collective office, and it was still a system from the Wei and Jin Dynasties. I really don’t know if I don’t check it.

After finally occupying the actual control of more than half of China and strengthening the control at the grassroots level, we can try to reform the rule of law and revise the laws of Ming Dynasty to better meet the needs of a developmental country... Zhu Cihong found that he, a professional who came from a law school, There is less that can be done in this regard.

Law seems to be the power of national dictatorship and the sledgehammer of the ruling class, but despite the appearance and the essence, it is determined by all superstructures such as cultural tradition, social environment, humanistic thought, historical precipitation, economic foundation, and even religious etiquette. A pony who decides.

For example, relatives have to be hidden. Doesn't Zhu Cihong hope that the people of the whole country will only regard him as a god, and even parents, wives and children can report on them righteously and draw a clear line?But what kind of society would be obtained by doing so?You can only get a society that has lost its basic human relations!

If you can't even trust your own close relatives, how can you communicate with outsiders?

Law is the bottom line of morality. Once morality is wiped out and all are replaced by law, it can only force the whole society to become criminals.It is impossible for the country to have such a huge police force to maintain the dignity of the law. The end result is that the legislation is very detailed and the law enforcement is very rough.In the end, the whole people broke the law with peace of mind, and the law lost its fairness and justice.

Zhu Cihong remembered that there was such a reality in another time and space, but in the end, several generations paid for it, and the Chinese tradition was almost cut off.If you want to do this, what is the difference with the Tartars taking over the Central Plains?

Since human relations must be maintained, the foundation of patriarchal society cannot be broken.Many seemingly backward dross in the Great Ming Law cannot be eliminated.There is only one aspect that Zhu Cihong can really achieve: formulate more departmental laws, separate civil and commercial affairs from criminal affairs, conditionally formulate procedural laws, and remove the threshold of "people suing officials" at the same time, so as to pave the way for future administrative reconsideration and administration. Can't do some foreshadowing.

In civil and commercial law, it is mainly to confirm the legal form of today's commercial customs.In the almost deformed economy of Ming Dynasty, partnership, dividend, proprietor, and treasurer are very mature, except for some differences in customary vocabulary.Most of the content in the later "Company Law" can be applied almost completely.

The construction of the criminal law system is mainly the modification of the "penalty" in the general part, which aggravates the death sentence, which is in line with the "severe punishment doctrine" education that Zhu Cihong has always received, and has the effect of "using heavy punishments in troubled times" for the currently unstable Ming society.At the same time, it also increased the scope of exile. The exile of the former chief criminal is likely to be exiled by all Wu Fu's relatives after 20 years of Chongzhen.

This is mainly to enrich the border areas such as Liaodong and Northwest, and promote the expansion of Han people's gathering places.Because the purpose is to keep these people alive and give birth to more Han people, after these people were exiled.Working and living on public land is not deprived of personal freedom.The only thing that needs to be faced is the small trouble caused by acclimatization.

As for the prison sentence, since the Zhou Dynasty, there was the content of being held as a slave, and the large-scale infrastructure construction in the country required more hard labor, so the scope of application of the prison sentence was expanded, and the cane and staff were basically incorporated into the prison sentence.

From the beginning of the birth of the feudal five punishments, from the lightest to the most severe, the cane sticks were exiled to death.Today exile is lighter than imprisonment.Because once they enter the hard labor camp, they enjoy a death rate as high as 20.00%, while the death rate in exile is even lower.Under such circumstances, in order to match the crime and punishment, Dali Temple had to reverse the two punishments.Opened up a new system for the death of exiles with the cane.

Law students of later generations must remember the special year of the 20th year of Chongzhen, otherwise the subject of legal history will be worrying.Because the teacher likes to test changes, nodes and special cases the most.

--You're welcome.

Zhu Cihong said so.

From Zhu Cihong's point of view, the separation of criminals and civilians is a milestone in the history of the legal system.In the view of Li Mingrui and other Ming judges, this is just another way of writing the code, which is convenient for training more specialized law judges.

What really makes the judges admire is the "judicial avoidance system" proposed by the crown prince.

The avoidance system created in the West to prevent judges from favoritism is designed to protect the justice of judges in the East.When faced with his relatives and old friends standing in the dock, should the judge uprightly destroy relatives and enforce the law impartially?Or perfect human relations and take care of human feelings?This has always been a big question for judges to decide.

Until Zhu Cihong proposed the simplest solution: avoidance.

Judges can apply for recusal from hearing their own five relatives, mentors and apprentices, classmates, and grievances, and litigants can also apply to the presiding judge for the above reasons.

In this way, friendship and loyalty can have both.

The method is very simple, but many times people fall into the blind zone of thinking and cannot see it.

Just like now, once Zhu Cihong introduces "joint and several unlimited liability" into the fine system, his deceased relatives will have to bear joint and several and unlimited liabilities. In layman's terms, they will be compensated together for the bankruptcy of the family.The chopping here is no longer a one-way relationship of wearing filial piety, but a two-way connection.

Li Mingrui thought for a while, then said: "Your Highness, where is brother?"

Brothers are not the relatives of Zhan Shuai, but the relatives of Qi Huai.

"That's like this: if the parents are alive, the family will be cut off jointly; if the parents die, and the family and property are not divided, the joint and joint decline will be limited to the family property left by the parents, and the liability will be limited; All private property of this criminal will not be associated with the tax money." Zhu Cihong said.

Li Mingrui frowned slightly: "Your Highness, in this way, I am afraid that we are encouraging the people to divide their families and property! It is actually harmful to the country."

Large and small clans, several generations live under the same roof, this is the foundation of the clan.If family divisions spread all over the property, financial and material resources will be dispersed, and the clan will be affected.Confucianism puts the most emphasis on principles and norms, and it is impossible to give up principles and norms.Expelled from the ancestral hall and not allowed to participate in sacrifices.For most people, it is a crueler punishment than exile.Even an illiterate Bai Ding will feel that the roots between himself and his ancestors have been cut off, he has lost his protection, his life and death are wandering, and he has no home to return to.

After Zhu Cihong personally experienced the two kinds of social life, he found that the patriarchal society was more stable and stable than the society of later generations.Although the clan has many bad habits.Such as bullying the weak sects, such as using lynching, such as organizing private fights, and sometimes covering up crimes and fighting against the government.

However, they are also the defenders of order when the government's control is insufficient, and the carriers of traditional morality.

People have the awe of their ancestors, and they have a bottom line; they have village rules, and they have morality.Law is the bottom line of morality, and morality is the last line of defense for human nature.When the laws of Ming Dynasty were generally in decline.It is morality that still plays a role.For example, when Qian Qianyi married Liu Rushi as his official wife, the law of the Ming Dynasty could no longer control him, and the villagers spontaneously threw bricks and tiles to maintain social morality.

Although it seems a little weak, it can also deter those who are not as shameless as Qian Qianyi.

If you don't attack the clan, you will lose the control of the grassroots; if you attack the clan, it will cause devastating damage to Chinese civilization, and it will never be repaired.Even if people can retrieve the family tree.Continue to write again, but the spirit that was cut off in the middle cannot be retrieved.The reverence for the persuasion of the ancestors.No matter how difficult it is to follow.

"What do you think sir?" Zhu Cihong asked.

"Mo Ruo's last article should be changed to: Those who have separated their family and assets, Qi Shuai will bear unlimited joint and several liability."

"You can find a good place to settle down." Zhu Cihong shook his head and said.

Once this method is implemented, the dilapidated branch after the separation only needs to commit crimes intentionally to drag the brother to death.Is there such a scoundrel who, after ruining his share of the family business, uses it to blackmail his progressive, thrifty brother?Zhu Cihong tries to figure out the world with the most malicious attitude.Presumably there will be.

This is an evil law that seriously violates good customs.

"That……"

"There is really no other way but the country suffers a little bit, and let him pay the fine with hard labor." Zhu Cihong already felt a little tired, the breakfast was completely digested in his stomach, and he began to feel a little lack of motivation.He rang the bell to let Lu Suyao come in and brought some snacks.Please also invite Li Mingrui to eat together.

Li Mingrui was preoccupied and couldn't refuse, so he stopped after eating a small piece of peach blossom cake.

Zhu Cihong drank a bowl of white fungus soup, and said again: "Mr. Li, there are clan lynchings and private fights, do you have a plan?"

"I am ashamed." Li Mingrui really looked ashamed.

These two bad habits, not to mention the later Republic of China, are still a headache in remote mountainous areas 20 years after the reform and opening up.However, later generations have justifiably broken the patriarchal society, but the clan at this time is a giant.Sometimes Zhu Cihong really hopes that like in Shandong, the villages will be gathered together and directly destroyed by violence, but it is easy for a province and a country to suffer, and the short-term oppression of the people can bear it. If it is completely smashed, no one is willing.

Even in Shandong, now that the war has calmed down, the relocated farmers still try their best to get in touch with their clans and get in touch again.

"Lynching, private fighting... Also, if someone in the clan becomes an official and transfers money into the clan, how to stop it? How to pursue it?" Zhu Cihong asked.

Li Mingrui was already sweating under his gauze hat, so he could only shake his head in the end.

"The people in the clan use the names of their sons and nephews to evade the grain tax by treacherously entrusting them with the land, how to investigate and deal with it?" Zhu Cihong asked again.

Li Mingrui finally raised his head and said: "This part can be investigated. The imperial government treats scholar-bureaucrats preferentially, and has its own rules for reducing or exempting food taxes from the students. Now as long as this order is stuck, no one can say anything. In this way, officials and scholars You don’t even have enough tax exemption for yourself, let alone someone tricks you?”

Zhu Cihong finally nodded: "Anyway, clan lynching and private law must be banned first. The state system is the only one, and no two people are allowed in the Ming Dynasty! Sir, you have to work harder on the 'clan' when you go back."

Dali Temple has the right to discuss laws and can submit laws and regulations for approval, but only the emperor has the power to legislate! (To be continued..)

ps: Today's third change~~~ I yelled as usual: I beg you to give me some monthly tickets and recommended tickets~~!