I did it all for the Han Dynasty!

Chapter 362 "Zhang Wulu"

The legal system of the Han Dynasty originated from the "Nine Chapters Law" which was derived from the "Legal Canon".

However, as various new problems arose, the Nine Chapters of Law were clearly no longer sufficient to meet the legal needs of the country and its people.

Therefore, in addition to the "Nine Chapters of Law", eighteen chapters of "Bang Zhang" by Shusun Tong, twenty-seven chapters of "Yue Gong Law" by Zhang Tang, seven chapters of "Chao Law" by Zhao Yu, more than three hundred chapters of "Ling Jia", and "Fa Bi Du Mu" by Bao Yu on marriage-related lawsuits were added later, totaling nine hundred and six volumes.

How complicated have Han Dynasty laws become today?
During the reign of Emperor He of the Later Han Dynasty, Chen Chong, the Minister of Justice, stated that there were 610 capital offenses, 1,698 minor offenses, and 2,681 offenses punishable by redemption or less...

Such a complex set of laws is terrifying!
Since the law is so complicated, there is obviously no need to obey it.

For example, if there were only one law regarding parking, which prohibits parking in the middle of the road, then everyone would naturally abide by that law.

But if the law not only prohibits parking in the middle of the road, but also stipulates what clothes to wear, what etiquette to follow, and even what music to play after parking, then naturally no one will obey it.

A law that is not obeyed naturally loses its effectiveness.

The most terrifying thing is that, because of the integration of morality and the rule of law, and because officials are familiar with the sentencing methods in the "Spring and Autumn Annals of Judgment", local officials in most regions actually have full power to interpret the criminal law!
For example, laws such as "those who are utterly wicked and rebellious, and who have abandoned all reason and humanity."

But what exactly is "human reason"? No one can say for sure.

After all, the Han Dynasty governed the country with loyalty and filial piety. Even if parents buried their children, it could not be considered against human principles; on the contrary, if children dared to insult or beat their parents, that would be a serious act of treason!
These are all problems that exist in the existing Han law, and they are also problems that Liu Miao had to face, and even had to compromise on.

But clearly, Liu Miao did not want to face such a complicated and agonizing problem alone.

Just as Emperor Gaozu entrusted Xiao He with the task of drafting the "Nine Chapters of Law," Liu Miao also summoned the absolute elite of the Han Empire to discuss this matter.

When everyone heard that Liu Miao wanted them to revise the laws, they naturally knew that this was a troublesome matter.

Leaving aside the profound relationship between "law" and "morality," simply compiling the "610 capital offenses, 1,698 minor offenses, and 2,681 offenses below the redemption level" mentioned by Liu Chong, the Minister of Justice, is an extremely massive undertaking!

But the court officials also knew that they had no choice but to endure this hardship...

Pang Tong even complained, "Being His Majesty's official is really tiring!"

Look how relaxed the officials were during the Later Han Dynasty.
Every day, I would go to the government office, receive guests, read some classics of the ancient sages, and indulge in a bit of refined taste. I could live a very comfortable life!

How come when it came to Liu Miao, they actually made them do the work?

When Liu Miao heard about this, he reportedly drew his sword and charged at Pang Tong, chasing him from the front of the hall to the back. In the end, Chen Yu held Liu Miao and kept saying "Garlic Bird! Garlic Bird!" in Liu Miao's ear, which prevented Liu Miao from hitting Pang Tong.

Afterwards, Pang Tong obediently came over and apologized to Liu Miao.

Liu Miao originally intended to kill Pang Tong, but he quickly calmed down.

"I was mistaken."

Do you believe that officials and scholar-officials are all idealists? Do you believe they would die for the Han Dynasty and its people? Do you believe they regard the words of sages as gospel?

If Liu Miao believed that, then Liu Miao would be a real fool!

Liu Miao did not rule out the possibility that there were officials who were role models like Zhuge Liang.

But what makes a role model a role model is that their numbers are exceptional and rare.

If this is truly considered the norm for officials, then either Liu Miao has become foolish from reading too much, or he has been deceived by these people.

But the good thing is...

Firstly, Liu Miao didn't study!
Secondly, he goes to the brothel every day to listen to those people bragging, so how could he not know what kind of officials they are?
"We need to think of a way!"

When Liu Miao shared his ideas with his ministers, their first reaction was—

His Majesty has gone mad!

“It can be stipulated in the law that anyone who is sixty years of age or older, or who has served in office for thirty years, can receive one hundred dollars per month.”

"..."

Even Wang Lang, who held one of the Three Dukes, advised, "Your Majesty, although this is a benevolent policy, why is money involved?"

Wang Lang believed that once this decree was actually issued, even the lowest-ranking officials would be grateful to Liu Miao.

The provision to support the elderly over sixty years old will greatly reduce the burden on the people.

but!but!
What is the purpose of money?

Where's the money?

No more war? No more Northern Expedition? No more unification?
The Han Dynasty's treasury is certainly full now, but it can't withstand Liu Miao's squandering!

Liu Miao's reaction to the ministers was somewhat strange.

This was because most of the officials who participated in revising the laws at that time were eligible to enjoy this policy.

It was clearly money being given to them, and even Liu Miao, as the emperor, hadn't had time to feel the pinch, so why were they feeling the pinch instead?

Liu Miao was also quite helpless.

"I once said that the elderly should be provided for."

"But His Majesty never said it was raised like this!"

"But I've already said it, what do you expect me to do?"

Seeing that Liu Miao was about to act like a rogue again, even Zhang Zhao couldn't help but dissuade him: "Your Majesty, this matter can actually be put on hold for now."

"The realm is not yet at peace, and there are still rebels in the north. If such a decree is suddenly implemented, I fear it will bring great disaster!"

Even Zhang Zhao disagreed with implementing such "benevolent governance".

Admittedly, such regulations can alleviate the corruption of officials, ease the problem of old age for the people, and allow the young and strong to devote themselves to production without worries... But the most important thing now is the battle with Yuan Shao and the conflicts with other warlords!
However, Liu Miao's attitude was equally resolute this time.

He simply agreed to change the monthly expenditure to eighty or seventy! Out of spite, Liu Miao even locked himself in the palace and refused to go out!
The ministers were all anxious, but Zhuge Liang and Sima Yi looked unusual.

"Zhongda must have guessed the Emperor's intentions, right?"

"To do something like this in the meantime of drafting laws, Your Majesty's intentions are far too obvious."

When Zhuge Liang and Sima Yi met, they seemed to see each other perfectly.

"Whether the new laws are implemented or not is not the key point. The key point is that Your Majesty is reminding your ministers to favor whomever you choose when drafting the laws."

What Liu Miao wanted was the attitude of his ministers.

It is not the attitude of the courtiers towards the emperor.

Rather, it was the attitude of the officials towards the law and towards the people.

In the past, those who drafted laws always had their own interests on their side.

Even now, judging from the reactions of Wang Lang and Zhang Zhao, they still do not support the people who are in a vulnerable position.

That's why Liu Miao suddenly started to get angry with everyone.

The concept of "the people benefit" has clearly not yet taken root in people's hearts.

Since he had not won the hearts of the people, the foundation of Liu Miao's position as emperor would be shaken.

"Your Majesty truly believes that your throne comes from the people, not from Heaven."

Zhuge Liang and Sima Yi not only possessed wisdom that was almost top-notch in their time, but also, because of their youth and the fact that they were born in a time of war, their understanding of new things far surpassed that of some older people. Therefore, they quickly understood the real reason why Liu Miao was being difficult.

"Since Kongming already knows this, why doesn't he try to help the officials clear their minds?"

Zhuge Liang shook his feather fan with a troubled expression: "It's not that I'm unwilling to do my best."

"But His Majesty has entrusted me with a heavy responsibility, which I am truly unable to fulfill."

"Oh?"

Sima Yi asked curiously, "What important task has His Majesty entrusted to Kongming?"

"Warhorse, winter clothes."

Zhuge Liang told Sima Yi about the task that Liu Miao had previously given him.

"The warhorse issue has been resolved, but we still haven't found a good solution for the winter clothing issue."

Upon hearing this, Sima Yi's eyes lit up.

"How about this: Kongming resolves the legal matter, and I resolve the winter clothing matter for him?"

Upon hearing this, Zhuge Liang was overjoyed: "Is Zhongda's word truly true?"

"Of course it's true!"

"Alright! In that case, the matter of winter clothing will be entirely entrusted to Zhongda!"

With no winter clothing to distract Zhuge Liang, he quickly devoted himself to drafting laws.

Once a genius like Zhuge Liang devotes himself wholeheartedly to a task, his efficiency and quality are often astonishing!
Zhuge Liang first wrote to Liu Miao, presenting the Han Dynasty's annual tax revenue, using data and facts to prove that the Han Dynasty's current finances were indeed insufficient to support Liu Miao's implementation of "benevolent policies for the elderly" so quickly.

However, after studying the tax revenue and finances of the Han Dynasty in recent years, Zhuge Liang also concluded that the Han Dynasty's annual finances were indeed becoming more abundant at a visible rate.

As long as this growth rate can be maintained, Zhuge Liang predicted that this policy could be implemented in ten years.

Therefore, Zhuge Liang suggested that all officials who entered officialdom should have their service period calculated from the first year of Zhangwu, and should be supported after twenty years.

As for the elderly, they can be offered ten coins per month initially, and then the amount can be increased year by year in order to generate a fiscal surplus.

The emperor was delighted upon hearing this proposal! He bestowed upon all the elderly in the land aged sixty and above a bushel of rice, twenty catties of meat, and five dou of wine, and upon those aged eighty and above an additional two bolts of silk and ten catties of meat.

As a result of this incident, even the most dull-witted officials who were drafting the laws understood the emperor's intentions. Therefore, they began to carefully consider and discuss each article when drafting the laws.

finally.

After months of discussion, and incorporating numerous lawsuits and cases from various prefectures and counties of the Han Dynasty, as well as conducting on-site investigations and soliciting opinions from the people, a brand-new law appeared on Liu Miao's desk.

"Zhang Wu Law"

Laws named after Liu Miao's reign title.

Unlike traditional Han law, which immediately jumps into specific articles and decrees, this law begins with a "General Principles Law," which stipulates the penal system and basic principles. This aims to avoid the abstract nature of the law, which could allow those with ulterior motives to exploit the interpretation of legal provisions and lead to unfair rewards and punishments.

Following that are eleven articles: "Guardian Law", "Official System Law", "Household and Marriage Law", "Stable and Warehouse Law", "Unauthorized Construction Law", "Theft and Robbery Law", "Litigation Law", "Fraud and Deception Law", "Miscellaneous Law", "Capture of Fugitives Law", and "Judgment Law", totaling twelve articles and six hundred and forty-nine articles.

This significantly reduced the complex laws and regulations established since the Han Dynasty, enabling stable order, enlightened politics, and peaceful lives for the people.

Although it inevitably still contains much content about governance by virtue, it has made considerable progress overall.

What pleased Liu Miao most was that a law was clearly written in the Miscellaneous Laws: "The state has its land, and the people have their fields. When the state levies taxes on the people's fields, it must have money."

Although these few words exist only in a small corner of tens of thousands of words of law, they are indeed the first time that the legal status of people owning private property has been recognized at the legal level.

Although it was far from being a place where "the wind and rain could enter, but the emperor could not," it was indeed the first time in history that the dignity of the people and their property were upheld!

"good!"

(End of this chapter)