Criminal regulations are the compilation and interpretation of criminal laws and regulations.
Since Shang Yang's reform in the Qin Dynasty, punishment has become the main means for the country to restrain the people and uphold justice. Daqian seemed a little anxious when formulating laws.
It only took half a year.
So I simply copied the laws of the previous dynasty and only changed some words that needed to be avoided.
In this way, the Daqian Law was formed.
After Xiao Yi took charge of the country, he asked the six ministers, Jiu Qingqing, and other ministers of the court, as well as some great scholars, to revise and compile the laws of Daqian, and stipulated that the laws of Daqian should be revised and updated with the times. Enter.
Therefore, when questioning the crimes of those remnants of barbarians who destroyed the concrete road, and the latest incident of rectifying the secret trafficking of people by the chief administrator of Huiji Bureau, Zhao, we must first amend the law of Daqian.
That is to say, Daqian must practice the concept of governing the country according to law and having laws to follow.
Of course, after something happens, you can still make corrections as soon as possible. This correction is not a change. In this way, it will be changed overnight, but it is to add an article so that the perpetrators of this new case can be prosecuted according to law. Dispose of it.
In the previous life, the Ming Dynasty had the Ming Code, which was more systematic, holistic, unified, and normative. It emphasized procedural justice, judicial fairness, and official integrity.
What Xiao Yi has to do is to adhere to procedural justice and learn some good practices from Zhu Yuanzhang, the founding emperor of the Ming Dynasty in his previous life.
But now, there are still big flaws in Daqian's high-level governance.
Now he, a man with five thousand years of cultural teachings, is in charge, and any flaws can be hidden.
But what about the next generation?
What about the next generation?
There is no guarantee that every emperor sitting on the throne is a time traveler!
Therefore, Xiao Yi thought of the eight-discussion system.
There are eight types of prisoners, such as relatives of the emperor, special talents, people with high moral standards, 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 for discussion by central ministers.
The judgment results discussed by the important ministers were then submitted to the emperor for judgment.
In this way, the fairness of the judiciary can be greatly ensured, and the people can be appeased, so that the officials who commit crimes are equally guilty as the common people.
Naturally, it is impossible to achieve the absolute fairness that the emperor commits crimes and the common people are equally guilty.
After all, the significance and particularity of the emperor's identity are also a product of this era and a symbol of the era.
Xiao Yi strictly defined the eight-discussion system.
For example, it is impossible to judge objectively whether a person is highly virtuous or highly respected. Whether he is a human or a ghost, he can be highly virtuous and highly respected. There are also relatives of the emperor and the country. It cannot be said that they are related to each other.
Even if people like Gavinda break the law, they still have to be held accountable, but the degree of punishment must be different. They cannot really be the same as ordinary people.
Although a famous Confucian like Gaiwenda was a representative figure of Confucianism, he deliberately opposed the new learning when he was in charge of political affairs in Southeast China.
However, this cannot negate this person's contribution to society and taught many talented people.
There are probably more than a dozen officials in the Dagan government and the public today, all of whom are disciples of Gavinda.
Furthermore, 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 will not be exempted.
After all, a capital crime must be a felony.
If such criminals were exempted, it would be the greatest challenge to the court's credibility.
The conditions for mercy under the Eight-Meeting System are, at best, less than the crime of exile, and the murderer must not violate it if he pays for his life!
of course.
The emperor still has immunity.
As a result, Xiao Yi directly reduced the scope to the three-discussion system, and strictly stipulated the scope and content of implementation.
Those with great achievements and powerful people will be reserved.
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.
This can easily lead to party strife. The disaster caused by party strife in the late Ming Dynasty is a lesson learned from the past.
The ministers in Daqian didn't know, but Xiao Yi knew very well that among the Chu Party, Zhejiang Party, and Beijing Party, the most famous and powerful one was the Donglin Party.
Sometimes a more just law may be unfair when applied in practice.
At the same time, there is another method of atonement.
It has existed since ancient times.
The former Ming Emperor Zhu Yuanzhang's atonement clause for minor crimes was more like a disguised form of fines and community labor reform.
For example, whipping and cane punishment, the rich can pay atonement, the poor can atone for their sins, and helping the government transport charcoal and bricks can all be used to atone for their sins.
However, Xiao Yi felt that serious crimes could not be redeemed through ransom. This point must also be written into the Daqian law, and it must be improved and popularized in Dibao.
good.
After the snowstorm.
The whole thing was running step by step again.
A snowstorm also had an impact, with many projects halted.
Daqian wants to take advantage of the new year to recuperate again.
In the middle of winter.
Either I'm nesting in the gentle countryside of Nuange, or I'm writing something in the study.
Write and write.
That reminds me of the Daqian Law.
At the end of the writing, it is more like a simplified constitution, explaining the legal system and the nature of the country, discussing the relationship between the emperor-officials-the people, setting the tone of "the people are the foundation of the country", and then discussing the significance of the compilation.
Finally, classes were held in the Political Affairs Hall to explain these groundbreaking things.
After listening, the ministers fell silent, seeming to digest the new ideas.
Xiao Yi smiled and said: "I have consulted all the legal books since the Qin Dynasty. In the Qin Dynasty, among the crimes committed by officials, corruption and bending the law were the most severe."
"This is also the reason why Great Qin has become so powerful, because Qin's laws are strict and have absolute prohibitions."
"Looking at the other six countries, morals are corrupt, people are impetuous, national laws are better than nothing, orders are changed day by day, and even the kings are treacherous people."
"The reason why Great Qin was able to unify the six kingdoms was because later on, those talented kings and rulers only saw fairness, justice, and justice in Great Qin."
Di Yan felt that His Highness the Crown Prince's words made sense and immediately stood up to express his support.
The same goes for Dai Guang and others.
Daqian's current concepts of governing the country according to law and having laws to abide by are already deeply rooted in the hearts of the people.
This is not to use Legalist ideas to govern the country.
But as the dynasty has developed to this point, national law has become an indispensable way to govern the country.
If the country is helpless, it will be in chaos.
