What is the Eight Deliberations System?
Zhao Yuan was completely ignorant of ancient laws.
Wen Huanzhang explained, "It refers to eight types of prisoners."
"For example, members of the imperial family, or exceptional talents,"
"For example, those who are highly respected,"
"For example, those who have made great contributions."
"Officials can try these prisoners, but they cannot execute them,"
"It must be reported to the central government,"
"This will be discussed by key ministers in the central government."
"The verdict reached after discussions among the senior officials,"
"Then it will be submitted to the emperor for a decision."
"This is really hard to decide," Zhao Yuan muttered.
Zhao Yuan still retains modern thinking.
But at the same time, it also integrated into ancient society.
This creates a sense of disconnect in our understanding of many things.
After careful consideration, Zhao Yuan said,
"The Eight-Deliberation System can be partially retained,"
"But it must be strictly defined."
"For example, it's impossible to make an objective judgment about highly respected individuals,"
"Whether human or ghost, one can be highly respected."
"There are also imperial relatives; you can't just say they're related by blood."
"Furthermore, there's the verdict reached through discussions among the senior officials,"
"If it involves capital offenses,"
Even the Heavenly King himself cannot escape it.
"The conditions for forgiveness under the Eight Deliberations System,"
"At most, below the crime of exile,"
"A murderer must pay with his life, and this principle must not be disobeyed!"
"So, even a prince who commits murder must pay with his life?" Zhao Yuan asked.
"good,"
Wen Huanzhang said,
"Even if a pardon is to be granted, it can only be by the emperor,"
"High-ranking officials have no right to exempt someone from death during discussions!"
The emperor and his minister began a detailed discussion.
Ultimately, the Eight Deliberations system, which had existed since the Wei and Jin dynasties, was abolished.
The scope was directly reduced to a three-stage deliberation system.
Furthermore, the scope and content of its implementation are strictly regulated.
First, there were the imperial relatives.
Only blood relatives within five degrees of kinship with the emperor are eligible.
Relatives of the Grand Empress Dowager, Empress Dowager, and Empress.
Cancel it from the Eight Deliberations!
The proposal regarding former royal associates and those who have long enjoyed royal favor is hereby cancelled!
The discussion of virtuous and respected individuals is cancelled!
The delegation of guests (mainly referring to the former imperial family and the Kong family) is cancelled!
Eliminate the position of Yiqin (those who have made great contributions to the country)!
The term "recommendation of talented individuals capable of bringing peace and stability to the country" is hereby abolished!
Those who have made great contributions and those of high status (first-rank nobles and third-rank officials and above) will be retained.
Some things must be preserved—
For example, those who have made great contributions to the country by expanding its territory.
He has too many vested interests involved.
Once the judiciary is granted the power to make judgments...
This could lead to very serious consequences.
Even becoming a tool in political struggles,
The decision must be made by the emperor and the central government.
For example, those of the first rank and officials of the third rank and above,
These are all high-ranking officials.
It must be discussed collectively by the central leadership.
Then it will be submitted to the emperor for judgment.
Otherwise, it would cause political turmoil.
(There are even more detailed regulations regarding official crimes, specifying which level of department can convict which rank of official, and these must be strictly defined. Many members of the imperial family also held official positions and were included in the regulations governing official crimes.)
The eight deliberations were reduced to three.
It represents a historic leap forward!
In fact, Zhao Yuan abolished the memorials regarding crimes committed by relatives of the Empress Dowager and the Empress.
It seems to have made the law more just.
However, implementing this approach may have the opposite effect.
For example, the queen's cousin committed a crime.
In the past, officials could submit memorials to the emperor.
It was left to the emperor and his high-ranking officials to handle.
In the future, judges will have the power to make decisions.
No further reporting is needed.
Instead, they might be too scared to make a judgment.
They even help those involved in the case to escape punishment.
Sometimes a fairer law,
However, its practical application leads to injustice.
This version of the "Great Ming Code"
It will definitely be revised in the future.
Adjustments will be made based on actual usage.
Only if Zhao Yuan dies in the future
The Great Ming Code is unalterable.
In the future, the emperor and his ministers will use supplementary regulations to fill the loopholes.
That's how it has always been in every dynasty.
Emperor Taizu and Emperor Taizong established the ancestral laws.
Subsequent emperors added various supplementary regulations.
No law is immutable.
After finalizing this, Zhao Yuan said,
"And then there's atonement,"
"This is also constantly shrinking."
"The regulations were even stricter in the Song Dynasty than in the Tang Dynasty,"
"The regulations were stricter in the later period of the Northern Song Dynasty than in the early period,"
"I think legal tightening is also necessary."
"Zhu Yuanzhang's 'Great Ming Code' can serve as a reference,"
"But it's just something to borrow from."
Wen Huanzhang said, "The atonement regulations can be abolished."
Zhao Yuan laughed and said, "The Great Ming Code of Zhu Yuanzhang..."
“The atonement clause for minor offenses,”
"It's more like a disguised form of fine and community labor reform."
"For example, whipping and caning,"
"Those with money should pay to atone for their sins,"
"Those without money should atone for their sins through labor."
“Helping the government transport coal and move bricks can be used to atone for a crime.”
“That’s fine, it’s basically just a fine for a minor offense,” Wen Huanzhang nodded.
“But I disagree with paying ransoms for serious crimes,”
Zhao Yuan explained his thoughts.
“I think a sentence of less than one year in prison,”
“You can pay a fine to atone for your sins,”
"But anyone sentenced to more than one year in prison must go to jail!"
"As for exile and the death penalty,"
"There's no way we can pay money to avoid punishment!"
Chapter 1824: Officials and people are both guilty
These are all groundbreaking things.
Only Zhao Yuan himself could ponder this.
It cannot be left to the ministers to formulate.
Because of the copper coin fines for redemption in successive dynasties
This is too lenient for the powerful and wealthy.
Zhao Yuan angered Emperor Huizong of Song at the time.
I'm not afraid of being imprisoned at all.
They're just taking advantage of the atonement clause.
He did not commit any of the ten heinous crimes.
He also held an official position.
Emperor Huizong of Song sentenced him to an even heavier punishment.
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