Sheng Yihong, Shangshu of the Ministry of Punishment, said: "Your Majesty is wise, the Duke of Zhou formulated the Zhou Rites.
The Zhongqiu official Kou clarified that "the first is to punish a new country with light codes, the second is to punish a country with peace and use medium codes, and the third is to punish a country with chaos and use heavy codes."
The Ming Dynasty defeated the Mongolian Yuan Dynasty.
The situation was severe at that time, so the heavy code was used to govern the country.
Now the Qingming Dynasty can use the medium code. " This is a bit embarrassing.
Originally, Zhu Youxiao meant to change the principle of devaluing punishment for the world and focusing on the world, but Sheng Yihong clearly pointed out that this principle was very good.
At most, he only needed to change the original Chongdian to Zhongdian.
Ye Xianggao stepped forward and said: "Your Majesty, the use of different punishment measures according to the specific circumstances of different periods, and the combination of severity and leniency, embodies a certain spirit of human ethics; it is also the principle of combining etiquette and law and mutual benefit.
This is the world of punishment.
On the one hand, it is good to take the world lightly.
But when the penalty is adjusted according to specific practical needs, there will be some uncertainties, and who will determine whether it should be lenient or severe, which will lead to corruption in the trial. " Xu Guangqi also stepped forward and said: "Your Majesty, the law is unified, and what the regulations stipulate is what it is.
You cannot carry out heavy regulations in one period and light regulations in another period.
This puts the regulations in a position that can be changed at any time.
I think it is inappropriate. ” The reason why Zhu Youxiao wanted to change this article was because of the severe crackdowns from later generations.
As a police officer, Zhu Xiaotian once discussed the issue of crackdowns with his parents.
He believes that each severe crackdown may bring clarity to society for a certain period of time, but the result is another large-scale rebound about twenty years later.
Zhu Xiaotian once said: "Article 3 of the Criminal Law clearly stipulates the principle of legality of crimes, but when we implement it, we still use the same old feudal society's punishments.
It is strange that this will be effective."
Zhu Xiaoqi, who was next to him at the time, didn't understand what he heard, but he remembered it in his heart.
A generation later, Sun Chengzong told him in class that the laws of the Ming Dynasty followed the principle of despising punishment for the world and valuing the world.
After hearing this in his heart, he had already made up his mind to abolish this principle that Zhu Xiaotian despised.
It seems that some people in this era also hold the same view, and I am not alone, he thought happily.
Sheng Yihong just instinctively opposed the emperor's change of this principle.
He thought that most people would agree with his point of view, and he didn't want both cabinet members to oppose him.
He didn't know whether to insist or compromise.
Looking at it like this, let's compromise.
He made up his mind not to speak out against it, and of course he couldn't speak out to support it, otherwise he would be attacked as being flattering.
Fang Congzhe had been silent.
He supported Sheng Yihong, but looking at the situation, it was better not to speak.
Zhu Youxiao said: "There may be some positives in using heavy codes in troubled times, but the most important point of the law, I think, is that the most important thing about the law is that it must be rigid and cannot be changed at will.
And the punishment of the world will be underestimated and the world will be heavy.
The law is considered to be changeable at will, which leaves room for officials to have their hands in the trial process.
Therefore, I feel that this principle must be abolished so that the law can have the seriousness it should have."
These words made the vast majority of ministers agree to abolish the legislative principle of devaluing punishment and valuing the world.
Because everyone found that according to the emperor's meaning, the law was rigid, which meant that the emperor could not interfere in the trial process of the case.
All decisions should be implemented in accordance with the law, and there was no longer the possibility of extrajudicial mercy.
Wu Rendu, the Minister of Dali Temple, was the most supportive, because he had opposed His Majesty's intention of severe punishment during the last trial of Yanqing Guard's illegal affairs.
Zhu Youxiao saw that no one had any opinions, so he said: "Let's do it.
After each case is heard, if the victim is dissatisfied, he can appeal to the higher-level judge within a certain period of time.
The upper-level judge can reject the original judgment or uphold it.
The original verdict.
The Dali Temple trial is the final result and cannot be changed.”
Wu Rendu stepped forward and said: "Your Majesty is the only one who can wield authority and bring blessings.
Although the judgment of Dali Temple is the final result, the power of pardon lies with Your Majesty."
Ye Xianggao said: "The proposal made by the Minister of Dali Temple is excellent, and I second it."
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The ministers shouted together: "I second the proposal."
Zhu Youxiao thought that this was tantamount to depriving the emperor of the power to intervene in justice, and leaving a small exception for the emperor to comfort him.
However, this situation was originally proposed by him, so it was nothing.
The emperor has the right to pardon is also the proper meaning of the title, so he said: "That's it, invent the decree.
As for the construction of courts at all levels, the minister of Dali Temple is responsible for it.
As for the compilation of the new Ming Dynasty code, It should be completed within the year, and a new subject will be opened in the Officials School next year, called the legal subject, dedicated to training judges. " In fact, there are still many problems in the Ming Dynasty's laws, such as the principle of the benefit of the doubt and the problem of extorting confessions through torture.
However, this problem cannot be solved at once.
It requires a high-quality law enforcement team.
In the end, it can be attributed to education issues.
Speaking of education issues, the general knowledge textbook has been compiled and needs to be finally discussed by the courtiers.
During the last court meeting, textbooks had been distributed to every official who was qualified to attend court.
This time it was up to the ministers to put forward their opinions.
The secretary stepped forward and said: "I have sent the common sense textbook to all the ministers.
You can express any opinions you have.
If a certain article is opposed by the majority of people, it can be revised."
The ministers have been really worried about this common sense textbook these days, because the emperor said that he can discuss it with his wife, concubines and children at home and see what they say.
And officials found that there were many areas where the family members disagreed.
At that moment, Wei Guangwei, the left minister of the Ministry of Rites, stepped forward and said: "Your Majesty, there is not a difficult word in this textbook, it is all plain and simple.
It is suitable for ordinary people to understand.
I can see that the editor is very talented, and I have great admiration for it."
Zhu Youxiao smiled slightly.
Since Wei Guangwei had a good relationship with Wei Zhongxian, he naturally knew that he had written the draft of the textbook.
He now has enough ability to withstand this blunt flattery.
Of course, this is all thanks to Sun Chuanting.
He also likes to flatter him bluntly, making Zhu Youxiao immune to this level of flattery.
He soon discovered that even though it was blunt flattery, it was still much better than direct criticism.
Because Yang He directly started to quarrel with him: "Your Majesty, I think that this first chapter cannot just point out that Confucius retraced the previous kings, invented the Six Classics, recruited disciples and taught them.
It is a great merit.
No, good words should spread, then Only great virtue can shine through the ages and leave a legacy to all generations.
If one does not have all the great virtues, all the merits, and all the words in one body, it is impossible to compare it to the sun and the moon; Confucius, who can be the reason why I think the first chapter is inappropriate?"
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