Guide to traveling through the Northern Song Dynasty

Neiyanfu Palace.

Zhu Guoxiang was taking care of the precious flowers and trees left by Emperor Huizong of the Song Dynasty. He cleaned up a circle and washed his hands, and asked: "What is Xingtong? There was "Tang Code" in the Tang Dynasty and "Da Ming Code" in the Ming Dynasty. Why was there only one "Song Dynasty Code" in the Song Dynasty? "Xingtong"?"

Ju Ming was lying on the rocking chair drinking tea and explained: "Xingtong is the compilation and interpretation of criminal laws. 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. So he directly copied the Tang law and only changed it. There are some words that need to be avoided. The compiler of "Song Xingtong" came from the Later Zhou Dynasty and had just finished compiling a "Dazhou Xingtong", so most of the "Song Xingtong" was copied. For the compiler That said, it counts as copying yourself.”

Zhu Guoxiang roughly understood: "That is to say, compared to the "Tang Code", the overall legal framework of the Song Dynasty has not changed, but the specific case sentencing and legal interpretation have been changed?"

"You can say that." Zhu Ming nodded.

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

Ju Ming simply answered: "The Ming Code is more systematic, holistic, unified, and normative. It emphasizes procedural justice, judicial fairness, and official integrity. The laws of the Tang and Song Dynasties have more room for maneuverability, and they are more important for Officials are not restrained enough. This is determined by Zhu Yuanzhang's character and philosophy of governing the country."

"That's okay. Procedural justice is very important." Zhu Guoxiang nodded.

Ju Ming said: "The focus now is how big a step we should take, and whether a big step will be too forward. For example, should the eight-member system be retained, and if so, how much should be retained?"

"What is the eight-discussion system?" Zhu Guoxiang knew nothing about ancient laws.

Ju Ming explained: "There are eight types of prisoners, such as relatives of the emperor, special talents, people with high moral prestige, and people who have made great achievements. For these prisoners, officials can try but cannot execute them. They must be reported to the central court, and the central government will The important ministers deliberated. The result of the deliberation made by the important ministers was then submitted to the emperor for judgment."

"This is really hard to decide." Zhu Guoxiang muttered.

The father and son still retain modern thinking, but at the same time they integrate into ancient society, which creates a sense of separation in their understanding of many things.

After careful consideration, Zhu Guoxiang said: "The eight-discussion system can be partially retained, but it must be strictly defined. For example, it is impossible to objectively judge a person with high moral standing, whether he is a human or a ghost. There are also relatives of the emperor and the country. It cannot be said that they are related to each other. . Moreover, it is the result of the verdict discussed by the important ministers. If it involves the death penalty law, the King of Heaven and I cannot be exempted from it. The conditions for forgiveness in the Eight Council System are at most less than the crime of exile, and the murderer must pay with his life and must not violate it!"

"In other words, the prince must pay with his life if he kills someone?" Ju Ming asked.

"That's right," Zhu Guoxiang said, "Even if a pardon is required, it can only be granted by the emperor. Important ministers have no right to avoid death during consultation!"

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

First of all, they are relatives of the emperor, only blood relatives within the emperor's fifth server. The Empress Dowager, the Empress Dowager, and the Queen's relatives were removed from the Eight Meetings!

Discuss the past (the old royal family and those who have been favored for a long time), cancel!

Yi Xian (a wise man with high virtue and high prestige), cancelled!

The guests (mainly referring to the former royal family and the Kong family) are cancelled!

Yiqin (those who have done hard work for the country), cancel it!

Talking about talents (those with great talents who can stabilize the country) are cancelled!

Those with great achievements and powerful people (first-grade nobles and third-grade officials or above) will be retained.

Some things must be preserved -

For example, a person who has made great contributions to the country's expansion of territory has too many interests involved. Once the judicial department is given the power to make judgments, it may lead to very serious consequences, and even become a tool for political struggle. Decisions must be made by the emperor and the central government.

Another example is first-grade nobles and third-grade officials and above. These are all high-ranking officials. They must be discussed collectively by the central government and then handed over to the emperor for judgment, otherwise it will cause political turmoil. (There are also more detailed regulations on official crimes. Strict regulations must be made on which level of department can judge which official. Many relatives of the emperor also have official status, and they are included in the regulations on official crimes.)

Eight discussions turned into three, which is a historic leap forward!

In fact, Zhu Guoxiang and Ju Ming's cancellation of criminal proceedings against relatives of the Queen Mother and Empress seems to have made the law more fair, but it may have the opposite effect in practice.

For example, if the queen's cousin commits a crime, officials in the past could report it to the emperor and important ministers for handling. In the future, the sentencing officials will have the power to make decisions and will not need to report the case. Instead, they will be too frightened to sentence, or even help those involved in the case to escape guilt.

Sometimes a more just law may be unfair when applied in practice.

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

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

It has been like this in all dynasties. Taizu and Taizong established the ancestral laws, and subsequent emperors made various supplementary regulations. No law is static.

After finalizing this, Ju Ming added: "There is also atonement, which is also constantly shrinking. The Song Dynasty was more strict than the Tang Dynasty, and the late Northern Song Dynasty was also stricter than the early Northern Song Dynasty. I think there is still a need for legal contraction. Zhu Yuanzhang's "The Ming Dynasty" "Law" can be used as a reference, but it is only a reference."

Zhu Guoxiang said: "The atonement regulations can be cancelled."

Zhu Ming smiled and said: "Zhu Yuanzhang's "Da Ming Code", the atonement clause for minor crimes, is more like a disguised form of fines and community labor reform. For example, whipping and cane punishment, the rich will pay for atonement, and the poor will contribute. Atonement can be done by helping the government transport charcoal and bricks."

"That's okay. It's actually a fine for minor crimes." Zhu Guoxiang nodded.

"But I don't agree with paying ransom for serious crimes," Zhu Ming elaborated on his thoughts. "I think if the prison sentence is less than one year, you can pay a fine to redeem yourself, but if you are sentenced to more than one year, you must go to jail! As for exile and capital crimes, you can't pay the penalty! "

These are groundbreaking things that can only be discussed between father and son and cannot be left to ministers to formulate.

Because the copper fines and atonement regulations of the past dynasties were too lenient to the powerful and wealthy.

When Ju Ming offended Song Huizong, he was not afraid of being imprisoned, just because he had an atonement clause. He had not committed any of the ten heinous crimes, and he had an official status. No matter how serious the crime was, Ju Ming could pay a fine to avoid death or exile.

Ju Ming added: "What we need to formulate personally are laws for officials. Especially the definition of official status. Are officials considered citizens? Are the criminal law constraints applicable to the people?"

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

When officials violate criminal laws, do they have to be guilty like the common people?

Of course modern people feel that they should be equally guilty, but ancient society did not necessarily think so.

Zhu Yuanzhang set the precedent that "officials and the people are equally guilty" by killing his consort.

Ju Ming said: "The "Da Ming Law" we formulated should give a clear definition, that is, when officials violate the law, officials and ordinary people are the same criminal subjects."

"It should be so." Zhu Guoxiang said seriously.

The father and son discussed it for two days to explain the groundbreaking things clearly, and then Ju Ming wrote the general outline.

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

Ju Ming called the cabinet members and the Minister of Justice, showed them the "General Outline", and elaborated on those groundbreaking things.

Everyone was silent, as if they were digesting new ideas.

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

But when it was written into legal provisions, they were somewhat affected.

Under the laws of the Ming Dynasty, civil servants who did not commit any of the ten heinous crimes were sentenced to death, and even exiled could not pay fines to offset their crimes.

This is too harsh, it’s hard for an official to make a living!

Liu Yao, the Minister of the Ministry of Punishment, couldn't help but said: "Your Highness, once this law is promulgated, as the Minister of the Ministry of Punishment, I am afraid that I will be criticized by thousands of people."

Zhu Ming smiled and said: "I have read the "Song Xingtong" and the regulations of the early Song Dynasty. In the early years of the Song Dynasty, among the crimes committed by officials, corruption and perversion of the law were the most severe. Only a few decades later, corruption and perversion of the law were the most severe. It became so commonplace that even the emperor didn’t bother to punish corrupt officials. It’s not that the Ming Dynasty’s laws were too harsh, but that the Song Dynasty was too lenient towards officials, even to the point of laissez-faire.”

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

After reading the outline, Zhai Ruwen praised: "It is so concise and clear-cut, and it can be a good practice for all generations."

For ancient times, it was unrealistic and unnecessary to formulate special classification laws.

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

Official laws, that is, official regulations, formulate laws on corruption, malfeasance, malpractice, favoritism and other behaviors. There are also rules for selecting officials, promoting and demoting, and rewarding and punishing them.

Household law mainly covers civil law, including taxation, marriage, disputes, property, commerce, publishing, etc.

Etiquette, wedding and funeral rules, social ethics and morals, even imperial examinations, etc.

Military law is actually military-related laws, and more detailed military laws are not included.

Criminal law, that is, criminal law.

Industrial laws, official engineering-related rules.

This method of legal classification impressed the ministers in front of them. It was clear and organized just by looking at the outline.

Ju Ming said: "Your Majesty is the president, I am the vice president, and all cabinet ministers are responsible for the compilation of the "Da Ming Code". The specific responsibility is left to the Ministry of Punishment, but it requires the joint efforts of all departments. The manuscript is submitted once a month and reviewed by me first. , and then submit it to His Majesty for review. Try to complete it in eight months, and then revise it after three years of trial use. At that time, any omissions will be found and filled."

"Yes!" The ministers cupped their hands.

Ju Ming was extremely cautious about this legal book, because it may affect China for hundreds of years in the future, and it will still have continued influence even if dynasties change.

The people are the foundation of the country, and the officials and the people are equally guilty. These eight words are clearly written in the book.

Regardless of whether it can actually be achieved, it must at least become a social consensus. Once someone violates it, he may get away with it, but everyone should know that is wrong.

Right or wrong, this is important!

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