Volume 2 Heroes in Troubled Times Chapter 11 The Long River and the Sunset Section 59

Chapter 11 The Long River Sunset Section 59 Qilin Palace. Shang Shu Ling Tian Chou and Shi Chen Wei, the head of the Great Sima Mansion, introduced the three adults to Shang Shutai.

"Where's Da Sima?" Taifu Yang Biao saw that Xu Rong did not come out to greet him in person, and he felt a little uneasy. At this time, Xu Rong's attitude is very important, if he also completely falls to Li Wei's side, there will be no room for maneuver in the matter.

"Da Sima hasn't slept for three days and three nights, he's so tired...... Chen Wei bowed down and explained,

"When I was discussing with us just now, I fell asleep unconsciously. If the three adults don't mind, let him sleep for a while. Before Chen Wei finished speaking, he heard a sound in the study not far away, and then heard Shangshu Zhao Xing's panicked scream,

"Da Sima...... Da Sima, what's wrong with you? Tian Chou and the others were shocked and rushed into the study. The study room was full of chapters and papers, and there was almost nowhere to put your feet.

Xu Rongzheng staggered to his feet under the support of Zhao Xing, Sima Lang, Wang Ling and others, and smiled very awkwardly when he saw Yang Biao, Xun You and Chen Qun,

"It's rude, it's rude...... I heard the three adults talking just now, and I was about to go out to greet each other, but I didn't know that my hands and feet were paralyzed and I didn't listen to the call, and I actually fell. ...... rudeness"

"You have to pay attention to rest, don't work so hard, if you fall, who else can we count on?" Yang Biao saw that Xu Rong was fine, sighed with relief, and said with a pun.

Xu Rong smiled noncommittally, stretched out his hand and asked the three of them to sit down,

"I invite you to come here to discuss the revision of the Criminal Law."

"Amend the Criminal Law?" Yang Biao, Xun You and Chen Qun looked at each other and immediately understood what Xu Rong meant.

It seems that Xu Rong is still on Li Wei's side, and he wants to forcibly implement the restructuring in the name of purging officials.

As for the revision of the Criminal Law, it is just a compromise gesture made by the imperial court, and it cannot improve the current predicament faced by the gate valve families.

After the founding of this dynasty, because the three chapters of the law were too sparse and too wide, it could not effectively punish violations and crimes, so Prime Minister Xiao He rebuilt the law and formulated the "Nine Chapters of Law".

The "Nine Chapters of Law" inherits the Qin system and originates from Li Kui's "Book of Laws".

On the basis of the "six laws" (thieves, thieves, prisoners, arrests, miscellaneous, and tools), three articles were added: household, xing, and stable.

The "Nine Chapters of Law" is a law with criminal law as the main body, and it is the core of the law of the Han Dynasty. Later, Taichangqing's uncle Sun Tong referred to the etiquette of ancient times and the Qin Dynasty, and formulated the eighteen articles of the "Pang Zhanglu" aimed at maintaining the dignity and authority of the emperor.

During the reign of Emperor Xiaowu, Zhang Tang, the imperial historian, formulated the "Yue Palace Law" on the palace guards, and Zhao Yu, the Taizhong doctor, formulated the "Chao Law" on Chaohe, also known as the "Chaohui Zhengjian Law".

In addition, there are laws such as "Great Music Order", "Ancestral Order", and "Ritual Order". These four laws have a total of sixty articles, which are also known as the Great Han Law.

Prime Minister Li Wei wants to revise the "Nine Chapters of Law". The main changes are penalties, the 10 articles on felonies and the crime of paying money (a person who has violated the penal law by paying a certain amount of money or grain in order to obtain an exemption from the penalty).

The laws of this dynasty inherited from the Qin dynasty, and the punishments were almost the same as those of the Great Qin Dynasty, including the death penalty, imprisonment, and humiliation.

The death penalty is very cruel, including killing, smashing (crushing corpses), beheading, beheading, abandonment of the city, and the three tribes (father, mother, wife) and so on.

In the thirteenth year of Emperor Xiaowen of this dynasty (17 BC), there was an incident in which Ti Ying wrote to save his father, and Emperor Xiaowen took this opportunity to revise the criminal law.

At that time, it was Prime Minister Zhang Cang, Imperial Historian Feng Jing and other ministers who jointly agreed on a revised plan to change the corporal punishment to a board.

Those who were originally sentenced to cut off their feet were beaten with 500 boards instead. Those who were originally sentenced to cut off their noses were given 300 boards instead.

Soon, Emperor Xiaowen officially ordered the abolition of corporal punishment, and then abolished the punishment of joint sitting (lianzai, that is, being implicated in the crime together).

The abolition of corporal punishment may seem like a good thing, but it has many drawbacks when it is actually implemented. Some prisoners died immediately after hitting five or three hundred boards.

In this way, the punishment is invisibly increased. Later, in the Xiaojing Emperor's Dynasty, the punishment of beating the board was reduced, and the disadvantages were slightly alleviated.

The ten felonies are rebellion, great rebellion, rebellion, surrender, evil rebellion, injustice, disrespect, unfilial piety, injustice, and civil strife, which are the targets of the imperial court's severe crackdown, and those who commit these ten crimes will be killed without forgiveness.

The system of guilt for money began in the early years of the dynasty. The sale of the right to immunity from punishment by the imperial court and then the financial revenue was in a sense, a special means for the imperial court to amass wealth.

In the past 400 years, the war in the northwest and Xinjiang has not stopped, and a large number of troops have to be used to build the Great Wall and border fortresses, and the military expenditure is extremely huge.

In order to increase taxes, the imperial court tried its best to implement various measures, and the income from atonement was a way to increase income, accounting for a large part of the tax revenue.

In the first year of Emperor Xiaohui (194 B.C.), the imperial court issued an edict that if the people were guilty, they could be exempted from capital crimes by ransom with 60,000 yuan.

In the fourth year of the Tianhan Dynasty (97 BC), Emperor Xiaowu also ordered that if the capital crime was ransomed with 500,000 yuan, the death could be reduced by one degree.

After Emperor Guangwu was revived, the financial resources of the imperial court were once tight, and the scope of atonement was greatly expanded. In the second year of Jianwu (57 AD), the imperial court issued an edict that everything from the death penalty to the lightest punishment could be exempted from punishment.

Paying money to atone for sins is an accumulation of wealth for the court, and for the rich, it can be exempted from punishment, but for the poor, it is unfair.

Sima Qian, a famous Confucian in this dynasty, suffered a palace punishment because he had no money to atone for his crimes. Therefore, paying money to atone for sins is essentially a maladministration.

This time, Li Wei made great efforts to revise the criminal law. He first simplified the legal provisions, changed the specific laws in the legal scriptures to criminal names, and placed them at the head of the law, and then added laws and regulations after the criminal names, enriching the content of the general provisions of criminal names, and at the same time rearranged and expanded the criminal laws.

The new criminal law not only fully embodies the principle of leniency and prohibition and reduction, but also upholds the imperial power and relative power to a large extent, protects the policies of the new policy, and pays special attention to the land annexation and taxation systems.

The new criminal law sets the punishment into five grades, namely, flogging, caning, imprisonment, exile, and death, and reduces the severity of the punishment, completely abolishing the corporal punishment of serious crimes, such as joint sitting, slashing, and cutting off the left and right toes.

In the past, Emperor Xiaowen abolished joint sitting and corporal punishment, and only targeted criminals other than the ten articles of felony crimes. This time, Li Wei changed to the end and completely abolished it.

The 10 articles of felony have been changed to conspiracy against rebellion, conspiracy against great rebellion, conspiracy against treason, evil rebellion, immorality, great disrespect, unfilial piety, disharmony, injustice, and civil strife, and their definitions are somewhat different from those in the past.

But it is these differences in definitions that allow many people to escape the punishment of unforgiveness. The system of atonement was abolished during the first reform of the imperial court, because its disadvantages were too great and did not meet the requirements

The principle of "re-enforcing the code in troubled times" has now been restored by Li Wei, and the scope of its atonement is very large.

From the lightest

From the "Ten Rods" to the death penalty, you can pay to atone for your sins. This not only increased the tax revenue of the imperial court, but also eased the contradictions between various strata and forces, and at the same time conformed to

The national policy of "cultivating with the people" is still very beneficial to social stability in the short term. In addition, Li Wei is here

One more has been added to the "atonement system".

The "official system" allows officials to use their officials to offset their punishments. However, Li Wei is especially insufficient, he relies on the Zhou Dynasty

The "Eight Pi" system created one with ingenuity

The "eight-council system" stipulates that there are eight types of crimes committed by the Han Dynasty that must be handed over to the emperor for personal judgment or reduced punishment according to law, but those who have committed ten serious crimes are not within the limit of eight deliberations and redemption.

"Official" and

The "Eight Discussions" system is extremely beneficial to the family of gatekeepers, bureaucrats and scholars, and of course, it is also beneficial to the civil and military officials of the northern Xinjiang system.

Obviously, Li Wei is reserving a way out for himself. Li Wei's purpose in revising the "Law of Nine Chapters" is self-evident, that is, to make compromises with the gate valve tycoons.

Huang Yi's case is widely implicated, and if it continues to be investigated, it is likely to evolve

"Rebellion, rebellion". Once the nature of the case is determined

"Rebellion, great rebellion", then all those who are implicated will lose their heads. In the current situation, the gate valve tycoons must compromise and retreat, but the problem is that they must be given an acceptable bottom line of concession, and this bottom line is to keep their heads and keep their wealth.

According to the new criminal law, all criminals cannot be constituted

"Serious crimes", including the main culprits Huang Yi and Ko Zhong, they can all pay money to atone for their crimes, yes

"Official", some people can even rely on it

The "Eight Discussions" system exempts all punishments. For example, Lord Yang Biao, the Taifu who was implicated, as long as the eldest princess and the Son of Heaven are not held accountable, he can still continue to serve as the Taifu.

Yang Biao, Xun You, and Chen Qun immediately breathed a sigh of relief after carefully reading Li Wei's revised draft of the "Criminal Law".

Luck, luck, this imposing prime minister finally showed mercy to his subordinates, and did not wave the butcher knife to the end like last time.

"How?" Xu Rong asked slowly,

"What do you think?"

"The Prime Minister is a natural talent, and we can't come up with any better suggestions." Yang Biao smiled,

"I want to ask Da Sima, when will the imperial court purge the officials this time?" Xu Rong smiled, took out a scroll from behind him, and put it in front of Yang Biao,

"The Prime Minister plans to make changes to the Nine Rank Official Law, this is his note, please take a look." The three of them were stunned, looking at the bamboo slips on the desk, and didn't speak for a long time.

Li Wei: What does this mean? He does not intend to implement

The strategy of "cultivating fields and defending the border"?

"The selection method of the Jiupin Zhongzheng system comes from the probation system, although it has greatly improved the disadvantages of the probation selection system, but after a long time of implementation, the drawbacks similar to the probation system will still appear, and it cannot fundamentally guarantee the imperial court's need for talents, so ......" Xu Rong looked at the three of them and said calmly,

"The Prime Minister intends to make the selection of the trial as the main selection system of this dynasty, and the Jiupin Zhongzheng system as an auxiliary selection system." The trial selection of this dynasty has always been an auxiliary selection system, and now Li Wei suddenly wants to change it to the main selection system, what is the mystery?

Yang Biao and the others didn't grasp the key for a while, and they each pondered.

"The new classics adopt the strengths of both modern and ancient texts and classics, and its advantages are obvious, and as an official school, its status is unshakable." Xu Rong said slowly,

So, is the ancient classical scholarship in decline until it disappears? Of course it is impossible, this point is the consensus of the Confucian scholars of the two schools of modern and ancient literature and classics. ”

"The emergence of the new scriptures is due to the controversy that has lasted for more than 200 years. Judging from the past history, there were four great debates between the two schools of modern and ancient literature and classics, each of which promoted the development of classics, and the last debate was the debate between Master Shuoru He Xiu and Master Hongru Zheng Xuan, which directly led to the emergence of the new classics and began to spread widely. Xu Rong stroked his long beard and smiled slightly,

"If the study of scriptures is to develop, there must be controversy, and with controversy, all schools can progress. For example, this year's great debate on the classics in Chang'an prompted the New School of Classics to begin to re-annotate the classics and eliminate the prophecies in the commentaries of the scriptures. The ancient school of scriptures, because they absorbed many of the advantages of the new scriptures from the debate, also began to refocus on the classics. Today's Wenjing school learned from the pain, and the great Confucian scholars from all over the world gathered in Luoyang's Dongguan, Lantai and other places, turned out the annotations of various classics that had been collected for hundreds of years, discussed and studied day and night, and heard that it had recently been decided to emphasize the righteousness and simplicity of the chapters and sentences. ”

"What does that mean?" Xu Rong paused for a moment and continued,

"It shows that whether it is a new scripture or a modern and ancient scripture, they will be interdependent, integrate with each other, and progress each other, and no one will admit defeat or disappear."

"Nowadays, official learning is a new scripture, and private learning is a modern and ancient scripture. Both official and private schools are developing, and there will be more and more Confucian students in the Han Dynasty. Then, the question arises...... "Yang Biao, Xun You, and Chen Qun have understood the role of the scripture trial system.

They nodded again and again, expressing their deep sympathy for Xu Rong's words.

"According to the Jiupin Zhongzheng system, the imperial court takes scholars, and it is obvious that Confucian students who study official studies are the mainstay." Xu Rong said,

"Judging from the hundreds of years of selection history in this dynasty, if Confucian scholars want to enter the office, they must study modern literature and classics. In the past, Confucian scholars who studied ancient literature and scriptures lived and studied the scriptures of the two families in order to enter the government, which shows that this selection system has drawbacks and serious drawbacks. In the long run, how many Confucian students will still study the scriptures of the modern and ancient schools? This kind of selection system is not only not conducive to the development of modern and ancient literature and classics, but also is not conducive to the development of new classics, and at the same time restricts the selection of talents by the imperial court, and is also very unfavorable to the long-term peace and stability of the society. ”

"How to solve this drawback?" Xu Rong patted the scroll on the case,

"From the current point of view, it is to adopt the trial selection system."

"The ultimate purpose of Confucian students studying scriptures is to enter the ranks, to learn to be useful and to show their ambitions, and to be able to govern the country and the world. If the imperial court selects talents, mainly through the examination of scriptures and the examination of scriptures, then for Confucian scholars, not only do they have more ways to enter the ranks, but more importantly, they can freely choose the school of scripture. They will study the scriptures of that school of thought if they like it the most, and they will be able to devote all their talents and energies to it, which will greatly promote the development of each school of scripture. As the schools of scripture developed, the more intense the controversy became, and the more intense the controversy, the faster the scholastic scholarship developed. ”

"In the long run, this selection system will not only contribute to the progress of Confucianism, but also to the stability and revitalization of the society."

"In the short term, this selection system can help the imperial court select more outstanding talents in the shortest possible time, solve the talent crisis of the imperial court, and at the same time solve the problem of the way out for Confucian students of the two schools of modern and ancient literature and classics, dispel their worries and worries, give full play to their potential, and contribute their wisdom and wisdom to the two schools of modern and ancient literature and classics and the great cause of Zhongxing."

"Therefore, I personally believe that if the imperial court adopts the trial selection as the main selection system, it will be beneficial to both the government and the opposition, and the imperial court and all forces can benefit from it." Xu Rong knocked on the case,

"What do you think?" Yang Biao and others had no choice. Since the New Classics became official schools, the opportunities for Confucian students from the two schools of modern and ancient literature and classics to enter the government have become more and more slim.

In order to enter the profession and get a job, Confucian students can only endure the pain of cutting their love, give up the scriptures they studied, and turn to the arms of new scriptures.

If this situation is not improved, it will not be long before the two schools of modern and ancient literature and scripture will wither and become history.

Now if the family wants to maintain their status, they must first keep the ancient literature and scriptures, and then they must ensure that the disciples who study the scriptures of these two schools can get the opportunity to enter the office, and it is the same opportunity to enter the office as the Confucian students of the new school of scriptures.

In order to achieve these two goals, the Nine Grades Official Law is indeed not good. If the ancient literature and scriptures have withered, and the disciples and protégés have all run away, where will the teachers go to select talents?

You can't recommend a disciple of the new scriptures to join the ranks, right?

"The Prime Minister has a long-term vision, and all he thinks about is the plan to stabilize the country, what can we say?" Xun You's words were a little sarcastic, a little helpless, and a little bitter.

"What we didn't expect, the Prime Minister has thought of it, and what we can't solve, the Prime Minister has solved it, and we really don't have any opinions." Chen Qun arched his hand and said,

"So, what changes have been made to the Prime Minister's strategy of defending the frontier?" The eldest princess is gone, Huang Yi's case is becoming more and more widely implicated, and Li Wei now has the advantage, but he is unusual, and has continuously made changes to the criminal law and selection system in favor of the wealthy people, why?

Obviously, it will not be to curry favor with the gate valve rich, but to force them to accept more harsh conditions.

"Now it's not called the strategy of Tuntian to defend the border." Xu Rong pushed the document stacked on one side of the case to Chen Qun,

"The Prime Minister said that now it is called the strategy of cultivating fields and defending the border. It's just a word difference, but it's a thousand miles away. "That night, Taifu's Mansion was bright, and the traffic and horses were endless.

The family of gate valves, Confucian celebrities, and wealthy businessmen in Chang'an City flocked to discuss the latest restructuring strategy launched by Prime Minister Li Wei.

The latest restructuring policy, whether it is long-term or short-term interests, is very beneficial to the family of gate valves, because the trial and selection system ultimately ensures the status of modern and ancient classics.

As long as the ancient literature and classics can continue to develop, the status of the gate lord family can continue to be stable, and then their power can be passed on from generation to generation, then other related interests can also be consolidated and increased.

The only thing that made everyone feel very dissatisfied was Li Wei taking the opportunity to be ruthless

"Slaughtered" them with a knife. Yang Biao, Yuan Yao and other ministers made some persuasion. It's time to look back to the past.

More than ten years ago, when Dong Zhuo caused chaos in the society, everyone was like grass mustard and ant flies, not only lost their wealth, but also their lives were in danger.

Now that I can have such a day, I should be content, and I should repay the court. If you still can't figure it out, then go back and look at twenty years ago, when Li Hong was bloody and greedy in Xiliang, he killed thousands of people in the Zixiu Mountain camp at one time.

Later, he suppressed corruption in Hedong and Jinyang, which time didn't he kill a river of blood? Fortunately, the general was not in Chang'an this time, otherwise with Huang Yi's case, the general would have to cut off at least 10,000 heads, not to mention property at that time, even the corpses would have to be fed to the dogs.

"This matter must not be delayed, if it is delayed again and again, and when His Royal Highness invites the general back, then everyone will be finished." No one spoke anymore.

On October 20, the Grand Sima Xu Rong convened the Auxiliary Ministers to discuss state affairs, and the five Auxiliary Ministers in Beijing unanimously agreed to the Prime Minister's recital, and the three restructuring policies were all approved.

On October 21, Grand Sima Xu Rong convened more than 20 ministers to discuss the matter, and the three restructuring policies were successfully passed.

On October 22, the great Sima Xu Rong convened the Minister of Civil and Military Affairs in Beijing to discuss in the front hall of Weiyang Palace, and all three restructuring policies were passed within half a day.

On October 23, Prime Minister Li Wei, Taiwei Zhang Yan, Imperial Historian Xun You, Tingweiqing Chen Qun, Shaofu Xu Jing, and Shangshu Ling Tian Chou rushed to Jinyang day and night.

On the third day of the first month of November, the six ministers rushed to Jinyang Palace, met with the eldest princess, and presented the recital. Prior to this, the Eight Hundred Miles Fast Ride had already sent the concerts of the Great Sima Xu Rong and Taifu Yang Biao to Jinyang, and the eldest princess already knew Li Wei's solution to the crisis, but she was very angry.

In order to achieve his goal, Li Wei even used corruption and murder as a threat to coerce all the ministers of the DPRK and China to revise the criminal law.

Criminal law is the foundation of the country, and although this dynasty has incorporated etiquette into the law, the punishment is too light, which is certainly not conducive to social stability.

The criminal law of the Han Dynasty has been used for more than 100 years since Emperor Xiaowen, Emperor Xiaowu, and Emperor Guangwu revised it many times, and facts have proved that it is still relatively perfect.

In today's turbulent society and the unification of the world, there is no need to make such a major change, and it can even be said to be a subversive change.

This incident once again proves that once the imperial power declines and the relative power expands, the harm to the society is too great.

This time, in order to solve the financial crisis of the imperial court, Li Wei used the authority in his hand to successfully achieve his goal, so what about the next time?

What's he going to do next time? Will he target himself and the little emperor who has not yet taken charge?

On the fifth day of the first month of November, the eldest princess issued an edict agreeing to the ministers' recital and issuing an edict to implement the new system. The allusion of Ti Ying's rescue of his father: In the thirteenth year of Emperor Xiaowen of the Han Dynasty, Qi Taicang ordered Chun Yuyi to be punished for his crimes.

Chun Yuyi once worshipped Gongsun Guang and Gongcheng Yangqing as teachers, learned superb medical skills, is the founder of medical records, and is the author of the first medical case "Diagnosis Book" in the history of our country.

Because of his upright personality, when he was practicing medicine, he offended a powerful man and was framed as a result.

At this time, Chun Yugong regretted that he only had five daughters in the family, and he couldn't help at this critical juncture, and said some frustrating words: "Giving birth to a son is not a man, and it is not beneficial to be in a hurry", and his youngest daughter Tiying cried for this and followed her father to Chang'an.

Chun Yuyi was about to be sentenced to corporal punishment according to the law, and Ti Ying was sad and sad, and prayed to the emperor to reduce her father's punishment.

So, she wrote to Emperor Wen,

"I wish to be confiscated as an official and maidservant, so as to atone for my father's punishment." Emperor Wen of Han was very moved when he saw it, and took pity on her filial piety, and he said to the ministers: "If you commit a crime, you should be punished, there is nothing to say, but if you are punished, you should also let him be a talent again." How can the punishment of punishing a prisoner now, tattooing his face or mutilating his limbs persuade people to do good? Discuss an alternative to corporal punishment. As soon as the ministers deliberated, they immediately devised a method to change the corporal punishment to the use of beating boards.

Eight-council system. The eight-council system emerged from the Wei and Jin dynasties and continued until the Qing dynasty. The eight discussions include the discussion of relatives, the discussion of the reason, the discussion of the virtuous, the discussion of ability, the discussion of merit, the discussion of noble, the discussion of diligence, and the discussion of guests.

"Qin" refers to a certain range of relatives of the imperial family: "so" refers to certain old emperors: "Xian" refers to the imperial court

A virtuous man and gentleman who is "virtuous": "can" means

"Have great talents", can organize the army, participate in political affairs, assist the emperor, and be the teacher of humanity: "merit" means

Those who have "great meritorious service": "noble" refers to those who are more than three rank of ministry officials, and those who are two or more rank of loose officials and one rank of knight: "diligent" refers to

"There is great diligence": "Bin" means

"Those who inherit the ancestors and then become state guests" are the royal relatives of the previous dynasty. These eight types of people have committed capital crimes, and the government cannot directly convict and sentence them, but must report their crimes and special status to the imperial court, and the responsible officials will collectively deliberate, put forward opinions, and report to the emperor for ruling.

The offence of the offence below shall be reduced by one degree, but the above provisions shall not apply if the offence is committed in the case of the 10 heinous sins. Jump to