Late Han Zhao Tang

Chapter 520 The System of National Laws and Regulations, Reconstructing the Legal System
The problem of barbarians in the Eastern Han Dynasty was much more serious than that in the Western Han Dynasty.

As for why?

Related to the central system of the Eastern Han Dynasty itself, the Eastern Han Dynasty abolished the Dianke (典客) of the Western Han Dynasty and merged its functions into the Da Honglu (大鸿胪), which was subject to the supervision of the Shangshutai (尚书台), greatly weakening the Dianke's voice.

The Dianke (典客) were in charge of the various Yi barbarians and were responsible for diplomatic relations and affairs of border tribes. Therefore, the weakening of the Dianke's voice meant that the cost of communication between the local Yi barbarians, border tribes, and the central government increased.

During the Western Han Dynasty, the Dianke (典客) office oversaw positions such as Xingren (行人), Jundizhangcheng (郡邸长丞), and Yiguan (译官), and communicated with the Duwei (都尉) of the vassal states. The Duwei of the vassal states, together with the leaders of the barbarian tribes, governed the barbarians, and were subordinate to the Guo (国) and Dao (道) levels, forming a parallel administrative unit with the prefectures and counties.

During the Eastern Han Dynasty, the power of local prefects was strengthened, the system of "dianke" (a system of officials in charge of foreign affairs) was reformed, "dao" (circuits) were changed to "xian" (counties), and the "duwei" (commanders of subordinate states) were gradually placed under the command of the prefects.

Aside from the systems, the biggest difference between the Western and Eastern Han dynasties lay in the collection of taxes from the non-Han peoples. The Western Han, in order to appease the barbarians, did not levy land rent on them. The Eastern Han, however, did not offer economic benefits to the non-Han peoples who submitted to the Han, and because the barbarians bore the economic burden, they lacked upward mobility or channels for feedback. Coupled with the harsh governance of officials who disregarded the customs of the non-Han peoples, rebellions frequently broke out. Therefore, the Eastern Han was plagued by barbarian rebellions for a long time, and even suffered economic collapse due to the century-long Qiang rebellion.

Of course, it needs to be made clear that the Western Han Dynasty's system of governing the barbarians was largely derived from the Qin Dynasty.

The Qin Dynasty initially established its power base in Guanzhong, then dominated Longxi, conquered Yiqu in the north, and subjugated Bashu in the south. As a result, it had many barbarian tribes under its rule and thus possessed rich experience in governing them.

For example, the Dianke, one of the Nine Ministers, was specifically responsible for dealing with local tribes. Among them, the subordinate states were local governing bodies, and their leaders were called Banghou or Bangshou. Under the subordinate states were the Dao, which was autonomously governed by the leaders of each tribe, but the administration of documents and the enforcement of laws were the responsibility of central officials.

Therefore, the so-called Northern and Southern Court system of the Liao Dynasty is essentially similar to the state and provincial system of the Qin and Han Dynasties, with each region following its own system according to its own customs. The Chinese had their own system, and the Hu had their own system, sacrificing some economic development for the sake of stability.

The Five Barbarian Invasions that erupted during the Wei and Jin Dynasties, while ostensibly a result of internal strife within the Central Plains dynasties that led to the rule of non-Han peoples, also reveal the intense conflicts between the Han and non-Han populations. For example, large numbers of non-Han people were sold into slavery, and the relationship between the Central Plains dynasties and the border tribes relied heavily on tributary relations. The relocated Qiang and Di peoples bore the economic burden of taxes but received no corresponding political rights or channels for expression, thus sowing the seeds of future conflict.

Populating the Guanzhong region and relocating non-Han peoples was a strategy to consolidate the foundation, but it did not mean abandoning the unity of the non-Han peoples. The loyalty of these barbarians held immense benefits for the Tang Dynasty. These benefits extended beyond just taxation; more importantly, they provided a low-cost source of soldiers and a large-scale supply of livestock.

Therefore, considering all the above factors, the establishment of the Northern Court was purely beneficial and without any drawbacks in terms of governing ethnic minorities.

"His Majesty!"

Upon receiving the imperial edict from Zhang Yu establishing the Northern Court, Zhong Yao entered the palace again for an audience and asked, "May I ask how many departments and offices are under the jurisdiction of the Northern Court?"

Zhang Yu pondered for a moment and said, "As the imperial edict says, the Northern Court will be structured like the Ministry of Personnel, with a Governor-General in charge of the Northern Court, overseeing the six ministries of Personnel, Revenue, Rites, War, Justice, and Works, in order to govern the four barbarian tribes."

"This~"

Zhong Yao hesitated and said, “There are tens of millions of Chinese people, but only a few million Hu people. Your Majesty has set up the Northern Court to govern the Hu people. If it is governed by the same system as the Ministry of Personnel, I think it is more prudent. If it is governed by the Ministry of Personnel, many officials will be transferred from the Six Ministries, and most of the subordinate departments will be idle, which will only result in wasted salaries!”

After a pause, Zhong Yao added, "In my opinion, why doesn't Your Majesty reduce the number of departments and, although they are paid a salary of two thousand shi, their rank should be lower? Your Majesty is the Son of Heaven, and both Han and Hu are subjects, but for the sake of the country, Han is more important, and Hu is secondary."

"His duties include governing the outer vassal states, regulating their ranks and emoluments, discussing taxes and levies, conscripting soldiers and civilians, setting the rules for their court assemblies, enforcing their punishments, controlling and pacifying them, and thus spreading the power and virtue of the nation!"

Zhang Yu pondered for a moment, then nodded slightly, agreeing with Zhong Yao's insights.

The Northern Court governs the non-Han people, but the number of non-Han people is less than that of the Han people. Therefore, the Han people are the trunk, and the non-Han people are the branches. Based on this, the Northern Court's status is inevitably lower than that of the Secretariat. Now, Zhang Yu is forcibly elevating the Northern Court and establishing the Six Ministries; it is estimated that half of the officials will not do their jobs, easily leading to redundant bureaucracy.

"What the Prime Minister says makes sense!"

Zhang Yu said, "The most important positions in a country are the Secretariat and the Privy Council, followed by the Accounting Office and the Four Offices, with the Nine Ministers and the Northern Court being the least important. Therefore, the Commander-in-Chief of the Northern Court is of equal rank to the Nine Ministers, and is next to the Minister of the Secretariat and the Minister of Accounting. The Court has four departments: Criminal Law, Civil Administration, Pacification of Distant Regions, and Department of Ceremonies. The Department of Ceremonies is concurrently held by the Minister of Rites and is in charge of matters such as investiture and tribute."

"The Criminal Law Department is in charge of drafting laws, criminal cases, and review; the Civil Affairs Department is in charge of household registration, taxation, and military affairs; the Pacifying and Distant Areas Department is in charge of supervision, governorship, and promotion. Under the Northern Court, following the old system of the Qin and Han dynasties, it is divided into two levels: Dao and Bang, which are governed jointly with the tribal chiefs."

As he spoke, Zhang Yu looked at Zhong Yao and said, "As the Prime Minister, you should be in charge of the affairs of the Northern Court and work with Li Song, the Commander of the Northern Court, to manage various matters."

Compared to the previous six ministries, the system was revised to four departments, abandoning the useless Ministry of Works and merging the remaining ministries, which better suited the needs of governing the barbarians. Since Zhong Yao was the Chancellor, the Northern Court should rightfully be under his leadership for better implementation.

"Your subject obeys the imperial decree!"

Zhong Yao bowed and asked, "Your Majesty has summoned the ministers of the Privy Council to discuss military matters. I wonder if there are any strategies at present?"

After Zhang Yu declared himself emperor, the Privy Council, under his edict, discussed a route to unify China. At that time, Xun You, Jia Xu, Guo Tu, Tian Feng, and others held differing opinions, broadly dividing into two factions.

Firstly, Jia Xu, Tian Feng, and others believed that Zhang Yu should first attack Ba and Shu, and then go downstream to unify Wu and Chu; secondly, Xun You, Guo Tu, and others hoped that Zhang Yu would first conquer Wu and Chu, and then send a proclamation to subdue Ba and Shu. However, since neither side could persuade the other, their strategies ultimately reached a stalemate.

Upon hearing Zhong Yao's mention of it, Zhang Yu asked, "What is your different opinion?"

Zhong Yao said, “Whether we conquer Shu or attack Wu, each has its advantages and disadvantages for our Great Tang. Conquering Shu first is a prudent strategy, while attacking Wu first is a strategy of overcoming difficulties first. I believe that Your Majesty’s momentum for unification is unstoppable. If Your Majesty wishes to unify the world within two years, you should attack Wu and Chu first. If Wu and Chu are defeated, Ba and Shu will surrender without a fight; if we conquer Shu first, Ba and Shu will surrender, but Cao Cao will be difficult to subdue.”

Zhang Yu frowned and pondered for a moment, then said, "The Prime Minister's opinion is not without merit, but this year the nation's interests must come first. I have no intention of using troops for the time being, so let the ministers of the Privy Council discuss it."

Seeing that Zhang Yu had no clear opinion, Zhong Yao said, "Your Majesty, Sun Quan's envoy has arrived in Hanzhong and now wishes to congratulate Your Majesty on becoming emperor. Therefore, if Your Majesty wishes to know Sun Quan's attitude, it would be better to meet with the envoy first and send someone to inquire carefully. If the Sun family intends to surrender, Your Majesty may wish to first conquer Wu and Chu to prevent Ba and Shu from suffering from war again."

"Can!"

Zhang Yu instructed, "Have someone treat the envoy well."

"promise!"

“Li Song was originally the governor of Xuzhou, but he has now been summoned back to the capital. I wonder who Your Majesty intends to appoint as governor?” Zhong Yao asked again.

"Whom do you have in mind?"

Zhong Yao pondered for a moment and said, "Between Jia Qu, the prefect of Hejian, and Xin Pi, the prefect of Julu, one of them can be appointed as the governor of Xuzhou. As for Jia Qu, he first served in the army and then became a prefect, and he is proficient in both civil and military affairs. Guangling in Xuzhou is in Huainan. If he is appointed as the governor of Xuzhou, he may be able to assist the general in suppressing the rebels."

“Xin Pi, the Prefect of Julu, has served Your Majesty since Your Majesty took control of Taiyuan Commandery, and has served as Prefect in various positions. He has some knowledge of military affairs and is quite resourceful. He will be appointed Governor of Xuzhou, which will allow him to share the burdens of the General.”

Zhang Yu said, “I have heard that Man Chong first quelled the remnants of the Yellow Turban Rebellion, and then conquered the island bandits, gaining control of 20,000 to 30,000 households. Now that the coastal prefectures have been pacified, we can invite him back to the country. With the return of Generals Man and Li, the positions of governors of the two prefectures will be vacant. Therefore, Xin Pi can be appointed as the governor of Qingzhou, and Jia Qu can be appointed as the governor of Xuzhou.”

Xin Pi can be considered one of Zhang Yu's earliest followers, having devoted himself to Zhang Yu for many years, yet he was never appointed as a prefect. Now, considering his merits and qualifications, Xin Pi is fully qualified to serve as a prefect, or even a prefect of a superior prefecture.

Although Jia Qu joined the fold late, he surpassed his predecessors through his outstanding abilities, gradually earning the appreciation of Zhong Yao and Zhang Yu. His appointment as the governor of Xuzhou was a natural progression. "Yes, sir!"

Zhong Yao then used a carving knife to carve more on the bamboo slips to avoid forgetting Zhang Yu's instructions.

"Regarding the candidates from the two prefectures, does Your Majesty have a preferred candidate?" Zhong Yao put away his carving knife and asked again.

"The personnel matters of the two prefectures shall be decided by you and the Ministry of Personnel. The list shall be submitted to me later, and I will approve it."

Zhang Yu smiled and said, "You should take good care of your health in your daily life. The affairs of the capital still need to be handled by the Prime Minister!"

"Thank you for your concern, Your Majesty!"

After Zhong Yao accepted his orders and took his leave, before Zhang Yu could rest and have his meal, King Chen of Dali requested an audience outside the palace. Zhang Yu had no choice but to postpone his meal and order King Chen to be summoned.

"I pay my respects to Your Majesty!"

"You're welcome!"

Zhang Yu got off the bed and helped his brother-in-law up, smiling as he said, "You and I are relatives. There are no outsiders here, so there's no need for formalities."

"Your Majesty is the Son of Heaven, therefore even if we have kinship ties, I cannot act recklessly."

Wang Chen knew that Zhang Yu was of noble status and that things were different now than before, so he spoke with great spirit.

Seeing this, Zhang Yu said no more and asked, "What brings you to this meeting?"

Wang Chen presented a memorial from his bosom, saying, "Your Majesty has taken China on horseback, but it is not appropriate to pacify the world on horseback. Although China has changed its flag, the laws governing China are still the Han laws. The Han laws have been in effect for four hundred years, with 610 capital offenses, 1,698 minor offenses, and 2,681 offenses below the level of redemption. In addition, there are the Spring and Autumn Annals for adjudicating cases, and the legal texts are as many as one million words long."

"If we count the hundreds of thousands of words in various commentaries, the Han Code is as many as tens of millions of words. Its laws are complicated and cannot be deleted. The language is mixed and difficult to understand. There are many cases. Only a scholar specializing in law can master its intricacies. Therefore, in my opinion, the new dynasty needs to use new laws, simplify the complicated and harsh laws, remove useless words, take the essence and discard the dross, and revise the New Tang Code."

The laws of the Han Dynasty share similarities with the common law system of England and America. They do not strictly adhere to the content of legal provisions, but rather utilize case law (examples) or extended interpretations of the law (comparisons). For example, during the Western Han Dynasty, there were more than 3,470 cases of capital punishment, as well as thousands of other trial precedents.

Moreover, since Emperor Wu of Han introduced Confucianism to govern the country, Confucian classics could be used as the basis for conviction. For example, the basis for Kong Rong's execution of the "lamenting but not being sincere" man in Beihai was derived from Confucian classics.

Therefore, examining Anglo-American legal systems reveals common flaws with the Han Dynasty's judicial system. For instance, in pre-18th-century Britain and its colonies, judges could use the Bible as a basis for their judgments. Furthermore, the complexity of legal texts, making them extremely difficult for ordinary people to understand, gave rise to families specializing in legal studies who wielded significant influence over the judicial process.

Even with advanced information dissemination technology, the Anglo-American legal system is still criticized for being cumbersome in later generations. The Han Dynasty laws, which are now numbering in the tens of millions of words, are not known for being mixed and cumbersome; there is probably no suitable word to describe them.

Therefore, Wang Chen's intention was simple: he hoped that Zhang Yu could take the opportunity to drastically revise the Han laws, thereby creating new laws suitable for the Tang Dynasty.

Zhang Yu perused the memorial and said in a deep voice, "The reason why Han law is so complex lies in the fact that it uses the Spring and Autumn Annals to adjudicate cases and govern the country. If the law cannot be changed, then corrupt officials will not be able to commit slanderous acts, much less manipulate the law!"

As a monarch who rose from humble beginnings, Zhang Yu was acutely aware of the despicable tactics of lower-level officials. If they had the power to manipulate the law, they would show no mercy. Therefore, it was of paramount importance that the law not be altered and that vague interpretations of the Spring and Autumn Annals be avoided in sentencing.

Wang Chen pondered for a moment and said, "Your Majesty's words are not without reason, but the Han dynasty has used the Spring and Autumn Annals to decide cases for three or four hundred years. If we abolish the Spring and Autumn Annals now, it may cause controversy among the scholars and people of the world."

As he spoke, Wang Chen gave a wry smile and said, "To be honest, before I sought an audience with His Majesty, I consulted the Three Dukes. They believed that the Spring and Autumn Annals' judgments were the foundation of Confucian governance and should not be easily abandoned."

Zhang Yu put down the memorial and said, “In the Han Dynasty, the use of classical texts to punish crimes resulted in many wrongful convictions and miscarriages of justice. The implementation of ‘comparisons and precedents’ was intended to correct these errors. Of course, the use of classical texts in the Han Dynasty’s judicial system is not as effective as you have suggested today, where we take the essence and discard the dross. Classical texts cannot be used to punish crimes, but they should be incorporated into the law to guide the people towards good.”

"To be mixed into the law?"

Wang Chen frowned in thought and said, "I'm afraid I cannot understand Your Majesty's meaning!"

Zhang Yu pointed to the memorial and smiled, "When revising the laws, the opening sentence might as well state the ideology behind the laws. For example, for those sentenced to death, because of Confucian benevolence and righteousness, the death penalty should be reviewed. For those who redeem themselves, we should follow the idea that 'when the Great Way prevails, the world belongs to all,' and not allow the wealthy and powerful to easily redeem themselves. I govern the world with laws and regulations, and I dislike private interests and abandon public interests. I wonder if you understand?"

The Spring and Autumn Annals' approach to adjudicating cases was not inherently problematic; the hope was that county officials would apply the positive principles found in Confucian classics to punish offenders. However, the problem lay with officials who were not benevolent; driven by the desire for promotion and wealth, they abused their privilege of using Confucian classics to adjudicate cases, arbitrarily interpreting the law.

Therefore, it is better to think about it from another angle. Laws are laws, but the creation of each law can be attributed to Confucian classics. Isn't this just a disguised form of the Spring and Autumn Annals' judgments?
In fact, Han law was full of favoritism towards the powerful and wealthy. For example, during the reign of Emperor Wu of Han, those who committed capital offenses could be spared death by paying 500,000 coins. Officials who turned themselves in after committing crimes could be punished less severely.

Therefore, in Zhang Yu's view, the Han law allowed the rich to live while leaving the poor to die alone!
Of course, Zhang Yu knew that the dynasty he founded could not achieve absolute fairness in the law, but he would try his best to ensure that the poor people received a certain degree of fairness, otherwise he would be taking the money and grain that the people paid as tribute.

Having understood Zhang Yu's intention, Wang Chen bowed and said in a deep voice, "Your Majesty's intention regarding the law is clear to me. However, revising the law is not something I can do alone. I fear Your Majesty will need to appoint someone well-versed in the law to revise the Tang Code with me."

"good!"

Zhang Yu looked at Guo Tu beside him and asked, "You are a member of the Guo family of Yingchuan and have studied the 'Xiao Du Lü' since childhood. Now that the laws are being revised, you may participate in the revision."

"As ordered!"

Guo Tu, suppressing his excitement, replied.

"Furthermore, I hereby order Chancellor Zhong Yao, Minister of the Imperial Secretariat Du Ji, Minister of Finance Yu Yi, Commander of the Northern Court Li Song, Commandant of the Capital Region Lü Fan, and Minister of the Imperial Clan Ying Shao, a total of six people, to work with the two gentlemen to revise the laws," Zhang Yu instructed.

"promise!"

Zhong Yao, Du Ji, and Yu Yi were selected for the list of those who revised the law due to their rich political experience. Li Song was selected because of his deep understanding of the customs of the Hu people, and Lü Fan was chosen as a projection of Zhang Yu's will.

Ying Shao was selected entirely based on his own abilities. It has been said that Ying Shao was knowledgeable and erudite, and he was in charge of organizing the royal and imperial ceremonies for Zhang Yu. However, Ying Shao's talents were not limited to this.

Since submitting to Zhang Yu, Ying Shao successively wrote more than ten books, including "Customs and Traditions," "Law and Law," "Proportions for Decisions," "Spring and Autumn Annals of Judgments," and "Stories of Han Officials' Etiquette," establishing the court system and official regulations for Zhang Yu. Therefore, Ying Shao was the only civil official, besides strategists, to be ennobled based on his own merit.

P.S.: I've been busy these past few days, which has delayed my writing. This 4.4k line counts as one chapter for now. I'll update more after I'm done with this.

(End of this chapter)