When Zhu Cixuan sorted out and recorded his math, physics and chemistry knowledge in junior high school, he always felt that he was gnawing the hardest bones and kept comforting himself: as long as he pushed this heavy truck onto the track, the future rectification of the administration and rule of law reform will be much easier.

However, when I was really rectifying the administration, I found that I could do very little. In addition to improving the examination method, reasonably allocating work tasks, increasing the number of officials, promoting grassroots control, and cultivating good working habits, it is difficult to make any essential improvements. The officials of the Ming Dynasty had even had collective office work, and it was derived from the Wei and Jin Dynasties. I really didn’t know if I didn’t check it, and I was full of tears when I checked it.

When he finally occupied the actual control of most of China and strengthened the grassroots control, he could try the rule of law reform and revise the Ming Dynasty's law to the needs of a development-oriented country... Zhu Cixuan found that he, a professional from a law class, could do less in this regard.

The law seems to be the power of the state's dictatorship and the huge hammer of the ruling class, but aside from the appearance, it is a little pony who is determined by all superstructures such as cultural traditions, social environment, humanistic thoughts, historical precipitation, economic foundation, and even religious etiquette.

For example, if you kiss each other, do you hide your relationship? Doesn’t Zhu Ciyang want the people of the whole country to treat him as a god, and even parents, wife and children can be punished for justice and reported it in person to draw a clear line? However, what kind of society will you get if you do this? You can only get a society that has lost its basic human ethics!

Even if you can’t trust your close relatives, how can you interact with outsiders?

Law is the lowest bottom line of morality. Once morality is destroyed and all laws are replaced by law, it will only force people in the whole society to become criminals. The country cannot have such a huge police force to safeguard the dignity of the law. The final result is that the legislation is very meticulous and the law enforcement is very rough. In the end, the whole people violate the law with peace of mind, and the law also loses fairness and justice.

Zhu Ciyang remembered that there was indeed such a reality in another time and space, but the result was that generations of people paid for it, and the Chinese tradition was almost cut off. If this was to be done, what was the difference between the Tartars entering the Central Plains?

Since human ethics must be maintained, the foundation of patriarchal society cannot be broken. Many seemingly backward dregs in the Ming Dynasty law cannot be eliminated. What Zhu Cilang can really do is only one aspect: more departmental laws are enacted, civil and commercial and criminal separations are separated, litigation laws are formulated with conditions, and at the same time, the threshold for "civilian suing officials" is demolished to lay some groundwork for future administrative reconsideration and administrative laws.

In the civil and commercial law, the main purpose is to confirm the current business habits in the form of legal provisions. In the almost deformed economy of the Ming Dynasty, partnerships, dividends, owners, and shopkeepers are already very mature, except for some differences in the habitual vocabulary. Almost all the contents of the later "Company Law" can be completely applied.

The construction of the criminal law system is mainly a revision of "punishment" in the general part, which aggravates the death penalty judgment, which is consistent with the "severe punishment" education that Zhu Cilang has always received, and has the effect of "using heavy punishments in troubled times" in the Ming society that is not yet stable. At the same time, it also aggravates the scope of imprisonment. The crime and punishment of the main culprit who once exiled may be exiled by all the relatives of the five sermons after the 20th year of Chongzhen.

This is mainly to enrich the border areas such as Liaodong, northwest and other areas and promote the expansion of Han people's gatherings. Because the purpose is to allow these people to live and give birth to more Han people, these people have not been deprived of their personal freedom after they are exiled to work and live on public land. The only thing they need to face is the small troubles caused by the lack of adaptation to the environment.

As for imprisonment, it has been imprisoned as slaves since the Zhou Dynasty, and large-scale infrastructure construction in China requires more hard labor, so the scope of application of imprisonment has been expanded, and whipping and candies have been basically incorporated into imprisonment.

From the beginning of the birth of the five feudal punishments, from light to heavy, they were killed by whipping and candid. Now, the sentence is less than the sentence of imprisonment. Because once you enter the hard labor camp, you will enjoy a mortality rate of up to 20%, and the mortality rate of exile is even lower. In this case, in order to match the crime and punishment, Dali Temple will also transfer these two sentences to death, opening up a new system for whipping and candid to die.

Later generations of law students must remember this special year of the 20th year of Chongzhen, otherwise the legal history subjects would be worrying. Because the teachers like to take the most are changes, nodes and special cases.

--You're welcome.

Zhu Cilang said so.

From Zhu Cixuan's perspective, the separation of criminal and civilians is a milestone that can be written or written in the history of the legal system. In the eyes of Ming judges such as Li Mingrui, this is just another way of writing the code, which facilitates the training of more specialized legal judges.

What really makes judges admire is that the Crown Prince’s legal cultivation is the “judicial avoidance system” proposed by the Crown Prince.

The Western system of avoidance arises in order to prevent judges from favoritism, but in the East it is to protect the judges' human ethics. When faced with their relatives and friends standing in the dock, should the judge destroy their relatives and enforce the law impartially? Or should the judge fulfill their ethics and take care of their favors? This has always been a big problem that judges have difficulty in making a decision.

Until Zhu Cixuan proposed the easiest way: avoid it.

The judge can apply to avoid trial of a case where his five-sanctioned relatives, masters, classmates, and kinship, and parties to the litigation can also apply to the presiding judge to avoid it for the above reasons.

In this way, friendship and loyalty can be achieved.

The method is very simple, but many times people fall into blind spots in thinking and cannot see it.

Just like now, once Zhu Cilang introduces "joint unlimited liability" into the fine system, he will bear joint unlimited liability if he kills his relatives. In layman's terms, he will lose all his money and pay for it together. The killing here is no longer a one-way relationship of wearing filial piety clothes, but a two-way joint.

Li Mingrui thought for a while and said, "Your Highness, where are your brothers?"

Brothers are not relatives who have been killed, but relatives who have been defeated.

"That's it: if the parents are there, they will be killed together; if the parents die, they will not analyze the property, and they will be together, but the property left by their parents is limited to the property left by their parents is limited to the limited liability; if the parents die, they will analyze the property left by their families, and they will not be jointly and severally," Zhu Cixuan said.

Li Mingrui frowned slightly: "Your Highness, in this case, I'm afraid it's encouraging the public to separate the family and analyze the property! It's actually harmful to the country."

The main sects are shared by several generations, which is the basis of the clan. If the family is divided and the property is spread, the financial and material resources will be dispersed, and the clan will be affected. Confucianism emphasizes the principle of principles and cannot give up the principle of principles and expels from the ancestral hall and is not allowed to participate in sacrifices. For most people, it is a cruel punishment than exile. Even Bai Ding, who is ignorant of the Ding, will feel that the roots of his ancestors have been dug up, lost protection, and will be drifted away from life and death, and will have no destination.

After Zhu Cixuan personally experienced two social life, he found that the patriarchal society was more stable and stable than later society. Although the clan had many bad habits, such as bullying the weak branch and small clans, using lynching, organizing private fights, and sometimes covering up crimes and fighting against the government.

However, they are also the order defenders of the government when the government is insufficient in control and the carrier of traditional morality.

If a person has the awe of his ancestors, he has the bottom line; if there are village rules, he has the discipline and morality. Law is the bottom line of morality, and morality is the last line of defense for human nature. When the laws of the Ming Dynasty were generally declining, it was morality that was still working. For example, Qian Qianyi married Liu Rushi with his wife's wedding, and the Ming Dynasty's laws were no longer under his control, while the villagers spontaneously threw bricks and tiles to maintain social morality.

Although it seems a little powerless, it can also shock those who are not as handsome as Qian Qianyi.

If you don’t attack the clan, you will lose control of the grassroots; if you attack the clan, you will cause destructive damage to the Chinese civilization, and you will never be able to repair it. Even if people can retrieve the genealogy and rewrite it, the spirit that is cut off in the middle cannot be found. The awe of the ancestors’ persuasion is no longer difficult to follow.

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

"The last article is changed to: Those who have already divided the family and analyzed the property, and they will bear unlimited joint and several liability together."

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

Once this method is implemented, the devastated branch after the separation of the family can only commit a crime on purpose and drag the brothers to death. Will there be such a scoundrel who blackmails and is thrifty after defeating his family business? Zhu Cilang uses the most malicious mentality to guess the world. I believe there will be.

This is a bad law that seriously violates good customs.

"That……"

"If there is no way, the country will suffer some losses. Let him pay the fine with labor." Zhu Cixuan felt a little tired. The breakfast was completely digested in his stomach, and he began to feel a little lack of motivation. He slammed the bell and asked Lu Suyao to come in and give him snacks. Li Mingrui also invited him to eat it together.

Li Mingrui was worried and could not refuse. He only ate a small piece of peach blossom cake and stopped.

Zhu Cixuan drank a bowl of tremella soup and said, "Mr. Li, there are clan lynching and private fights, is there a plan?"

"I am ashamed." Li Mingrui indeed showed shame.

These two bad habits were still a headache in remote mountainous areas twenty years after the reform and opening up. Later generations had just broken the patriarchal society with justification, but the clans were a huge man at this time. Sometimes Zhu Cilang really hoped to gather villages and villages like in Shandong, and directly break them with violence, but one province is easy to have a national disaster, and the short-term exploitation of the people can bear it. If it is completely smashed, no one would want to.

Even in Shandong, the war has been settled, and the migrated farmers are still trying every means to get in touch with the clan and get in touch again.

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

Li Mingrui was already sweating under his hat, so he had to shake his head in the end.

"How can people in the clan investigate and punish the land and evade grain tax in the name of their sons and nephews?" Zhu Cixuan asked again.

Li Mingrui finally raised his head and said, "This part can be investigated. The state preferential treatment of literati and doctors, and each has its own customization for reducing and exempting grain taxes from students. Now, as long as this customization is stuck, no one can say anything. In this way, officials and scholars are not even able to pay enough tax exemption, let alone be sent by others?"

Zhu Cilang finally nodded: "No matter what, clan lynching and private law must be prohibited first. The state system is unique, and two people will never be allowed to be released in the territory of the Ming Dynasty! When the gentleman returns, he still has to work hard on the 'clan'."

Dali Temple has the right to discuss laws and can request the passage of laws and regulations, but only the emperor has the power to legislate! (To be continued...)
Chapter completed!