Water Margin: The opening scene involves assassinating Emperor Huizong of Song and forcibly taking L

Page 2064

Court meeting.

Cabinet Minister Zhai Ruwen stepped forward first: "Now that the traitor has been captured, some have suggested using the punishment of slow slicing."

"Otherwise, it would not be enough to quell the public's anger."

"I believe that slow slicing is against the principles of Heaven,"

"Not only should it not be used as a regular punishment,"

"Even doing it occasionally is unacceptable."

Chapter 1822 Lingchi (death by a thousand cuts)

Minister of Justice Liu Jian said, "Without severe laws, how can we deter villains?"

“Cai You doesn’t need to be executed by slow slicing,”

"But although Li Yan is not one of the Six Thieves,"

"Yet he surpasses even Yang Jian, one of the Six Thieves,"

"He must be punished by slow slicing!"

The two started,

The other officials then offered their opinions.

Those who support and oppose the practice of slow slicing (lingchi)

It's roughly a 50/50 split.

Some are just muddling things up.

They believe Li Yan should be executed by slow slicing.

However, this type of punishment must be used with extreme caution in the future.

Wen Huanzhang remained silent, so Zhao Yuan asked,

"What does the Prime Minister think?"

Wen Huanzhang said, "Whether or not one is subjected to slow slicing is a minor matter."

"Just do it according to the law."

"The most urgent task is to formulate the 'Great Ming Criminal Code'."

"This ensures that judges have a legal basis for their decisions."

Vice Minister Kao Ching-shan fell ill this winter.

My health is getting worse.

A chair was specially arranged for him at this court assembly.

Gao Jingshan stood up from his chair: "Your Majesty..."

"You may remain seated," Zhao Yuan said.

"Thank you for your grace, Your Majesty,"

Gao Jingshan slowly sat back down.

"I believe that what Prime Minister Zhang said is quite right,"

"It's time to compile the 'Great Ming Criminal Code'."

"But the punishment of slow slicing should still be abolished."

"The old Song dynasty also advised that this punishment should be applied with caution,"

"Initially used only for treason and the mutilation of living people,"

"But it quickly became rampant after the Xining era,"

"Some were even subjected to the death by a thousand cuts for speaking recklessly!"

The term "lingchi" (death by a thousand cuts) originates from the Xunzi.

It wasn't initially a criminal law.

It is used to describe a gently rising hillside.

China has a long history of corporal punishment.

However, the most common severe punishment is dismemberment.

It reached a peak during the Northern and Southern Dynasties.

And the prototype of slow slicing appeared.

By the late Tang and Five Dynasties period

The method of slow slicing gradually took shape.

And it was abused by separatist forces.

This punishment was used cautiously in the early Northern Song Dynasty.

But once the door is opened,

It will inevitably become rampant.

It is said that civil officials were not executed during the Song Dynasty.

That means they haven't committed any heinous crimes.

In the eighth year of the Xining era, he served as the registrar of Yuyao, the military commissioner of Xiuzhou, the medical officer of Xiuzhou, and the inspector of Hezhong...

These civil servants were suspected of treason.

Not only was he sentenced to death,

Moreover, it was the punishment of slow slicing.

However, from the Qin and Han dynasties all the way to the Northern Song dynasty,

Lingchi (death by a thousand cuts) was never written into law.

In reality, there is no legal basis for judgment.

It was only in the Southern Song Dynasty that the punishment of slow slicing was written into the supplementary regulations.

It was not until the Yuan Dynasty that it began to be written into formal laws.

Zhao Yuan looked at Wen Huanzhang,

"What does Prime Minister Wen have to say?"

Wen Huanzhang stepped forward, holding his official tablet.

"I also believe that we should first establish the laws of this dynasty."

"As for the punishment of slow slicing, it would be better to abolish it."

"If someone truly intends to rebel, how can the punishment of slow slicing deter them?"

"In my opinion, one cut is the same as a hundred cuts,"

"Actually, there's no difference."

"It's really unsightly to see such a bloody mess."

"How about adding a clause: when committing an extremely serious crime,"

"Family members have no right to dispose of the body."

"After this person was executed,"

"The body must be handed over to the medical school,"

"For medical students to perform dissections."

This viewpoint is really tricky.

The courtiers were all puzzled.

Moreover, most officials...

They also couldn't understand why doctors dissected corpses.

They believed that it was a great disrespect to the corpse.

.....

Inner Yanfu Palace.

Zhao Yuan is tending to the precious flowers and trees left behind by Emperor Huizong of Song.

After tidying up and washing his hands, he asked,

What is the Criminal Investigation Department?

"The Tang Dynasty had the Tang Code."

"The Ming Dynasty had the 'Great Ming Code'."

"Why is there only one 'Song Criminal Code' from the Song Dynasty?"

Wen Huanzhang explained: "The Criminal Code is a compilation and interpretation of criminal regulations."

"Because of the special political circumstances at the time,"

"Zhao Kuangyin was in a great hurry to formulate laws,"

"It only took six months from start to finish."

"So they just copied the Tang Code directly,"

"Only some words that needed to be avoided were changed."

"The compilers of the *Song Xing Tong* came from the Later Zhou dynasty,"

"I just finished compiling a book called 'The Great Zhou Criminal Code'."

"Therefore, most of the Song Dynasty Criminal Code was copied."

"For the compilers, it's like they're copying themselves."

Zhao Yuan roughly understood: "So you're saying that compared to the Tang Code..."

"The legal framework of the Song Dynasty remained largely unchanged."

"But were the specific sentencing and legal interpretations changed?"

"You could say that," Wen Huanzhang nodded.

"What about Zhu Yuanzhang's 'Great Ming Code'?" Zhao Yuan asked.

Wen Huanzhang simply replied, "The Great Ming Code is more systematic, holistic, unified, and standardized."

"There is a greater emphasis on procedural justice,"

"We place greater emphasis on judicial fairness and the integrity of officials."

"The laws of the Tang and Song dynasties had greater room for maneuver,"

"Moreover, there are insufficient constraints on officials."

"This was determined by Zhu Yuanzhang's personality and governing philosophy."

"That's fine; procedural justice is very important."

Zhao Yuan nodded.

Wen Huanzhang said, "The key now is how big a step we should take."

"Wouldn't taking such big steps be too ahead of its time?"

"For example, should the Eight-Discussion System be retained?"

"If we retain them, how much should we retain?"

Chapter 1823 Amending the Law