Starting with a Wei Wu soldier

Chapter 268 Compiling the Law

The pilot program for tax reform quietly unfolded in Bianzhou and several counties surrounding the capital, like a stone thrown into a calm pond, the ripples still within a controllable range. Meanwhile, another fundamental project, more basic and far-reaching in its impact, and closely related to various new policies such as land equalization, the imperial examination system, and the tax system—the comprehensive revision of the Imperial Code—was also officially placed on the highest agenda under Chen Xing's strong impetus, quickly becoming a new focus of the court.

Before the establishment of Xingqi Kingdom, Chen Xing promulgated the "Xing Law" during the Xing Duchy period. It was like a "provisional constitution" and "basic guidelines" for wartime and governance of a corner of the country. The articles were relatively simple, focusing on military discipline, public security, taxation and some basic civil and criminal principles. Although it was effective in the northern lands, it was obviously insufficient to cover all aspects of the vast empire that now governs thousands of miles, has hundreds of millions of people, and has a complex situation. It was even more difficult to bear the mission of "setting an example for future generations and establishing the order of the dynasty".

In the first year of Qiming, on June 15th, there was a great meeting on the first day of the lunar month.

After the heated debates over land redistribution, the imperial examination system, and tax reform, the atmosphere in the court today seemed much calmer, but a more profound sense of anticipation permeated the air. All the officials knew that today's topic concerned the very "rules" governing the empire's operation.

Chen Xing sat upright on his throne, and without much preamble, went straight to the point: "A country has its laws, and a family has its rules. Without rules, nothing can be accomplished. The Xing Laws I promulgated when I was in the Xing Kingdom were a wartime expedient and a simplified law for governing the land. Now that the empire is newly established, with a vast territory and complex affairs, the old laws are too sparse to meet the needs of the times. Moreover, with the gradual implementation of new laws such as equal land distribution, the imperial examination system, and the tax system, if there is no fundamental legal code that is comprehensive, balanced in its leniency and severity, and compatible with these laws, then government orders will easily become ambiguous, the judiciary will inevitably be biased, and officials and the people will be at a loss."

His gaze swept over the high-ranking officials of the judicial system, including the Minister of Justice, the Chief Justice of the Court of Judicial Review, and the Grand Censor, and also over cabinet ministers such as Jia Wen: "Therefore, I have decided to use the 'Star Laws' as the foundation, draw on the essence of previous dynasties' laws and regulations, consider the current situation, and improve upon the past and present, to compile a unified legal code belonging to my Star Qi Empire! The tentative name is—'Enlightenment Code of Governance'!"

"The Enlightened Code of Governance..." A low chewing sound echoed in the hall. Naming the code after the reign title was a profound symbol, highlighting that this code would lay the foundation for the rule of law in the Enlightened Dynasty and even in future generations.

The Minister of Justice, as the highest-ranking official in charge of judicial administration, immediately stepped forward, his expression a mixture of excitement and solemnity: "Your Majesty is wise! Compiling a legal code is the foundation of a strong nation and essential for the well-being of the people! As the Minister of Justice, I am acutely aware of the suffering caused by inconsistent laws, incomplete provisions, and conflicting precedents. If we can gather the wisdom of the masses to compile a new code that is systematic, comprehensive, and balanced in its principles of reason, emotion, and law, it will truly be a blessing for the nation and a boon for all the people! I request Your Majesty's permission to lead my colleagues in the Ministry of Justice to devote all our efforts to assisting in this momentous undertaking!"

The Minister of the Court of Judicial Review followed suit: "Your Majesty, the Court of Judicial Review is in charge of reviewing criminal cases throughout the empire. We have considerable experience in the application of laws and the accumulation of cases. As the new laws are being compiled, we, your subjects, should also do our utmost to provide documentary support and practical insights."

However, compiling a legal code is by no means a simple integration of old texts. Behind it lies a clash of different legal ideologies, values, and even political stances.

An elderly minister, from a family of Confucian scholars and currently serving as Vice Minister of Rites, stepped forward, holding a ceremonial tablet. His voice was loud and clear, yet carried an unquestionable traditional stance: "Your Majesty! The compilation of the legal code is a matter of great importance. I believe that the root of law lies in rites and teachings. The Three Cardinal Guides and Five Constant Virtues, the fundamental principles of human relations, are the constant laws of heaven and earth, and universal truths throughout history. The compilation of the new code should incorporate rites into the law, and use the law to protect rites. All acts that violate human relations and contravene rites and teachings should be strictly prohibited by the law and severely punished by law! Only in this way can we rectify people's hearts, enrich customs, and make the world know what to do and what to avoid. This is fundamental!"

This is a typical Confucian orthodox legal view that combines "rites and laws" and "uses rites to punish," emphasizing the moral and educational function of law and maintaining the patriarchal hierarchical order.

Another more pragmatic Censor-in-Chief, who had previously served as a judicial assistant in local areas, offered a different perspective: "What the Vice Minister said is indeed fundamental. However, the key to the application of law lies in fairness, clarity, and operability. If too many abstract standards of morality and ethics are incorporated, it may give judicial officials excessive discretion, leading to inconsistent punishments for the same crime and fostering corruption and favoritism. Moreover, the new policies such as the equal land distribution and the imperial examination system are all aimed at breaking with the old and establishing the new. If the law still overemphasizes the old hierarchy of rank and status, it may conflict with the spirit of the new policies and create obstacles. I believe that the new laws should clearly define the elements constituting various crimes, sentencing standards, and litigation procedures, so that 'officials will not tolerate wrongdoing, and the people will know what to avoid.'"

This is a pragmatic legal view that leans towards the Legalist school's "no hierarchy in punishment" and "one judgment based solely on the law," emphasizing the normative and equal nature of the law.

Some officials also pointed out from a technical perspective: "The previous dynasty's 'Tang Code with Commentary' was a complete system with detailed annotations, and could serve as an important reference. However, times have changed, and some of its provisions are no longer appropriate. For example, the provisions concerning slaves and servants may conflict with Your Majesty's principle of 'suppressing annexation and emphasizing the people's livelihood.' Moreover, the old law did not cover many new things such as commerce, trade, and overseas exchanges, and therefore needs to be innovated and supplemented."

In the imperial court, a debate quickly unfolded regarding the guiding principles of the new legal code, its key functions, and how to treat the legal codes of the previous dynasty. This was not merely a discussion of legal techniques, but a preview of the empire's future values ​​and governance model.

Chen Xing listened quietly, and only spoke slowly after the main points had been expressed: "What you all have discussed is reasonable. The compilation of the 'Enlightened Governance Code' is neither a return to the past nor a creation out of thin air. I believe it should follow the following principles—"

He raised his finger: "Firstly, it inherits the essence of the Chinese legal system. The combination of rites and laws, with morality as the primary principle and punishment as the secondary principle, maintains the basic human order. This is the characteristic of the rule of law in China and should not be easily abandoned. However, the content of 'rites' should be carefully examined, and the dross that is too rigid, outdated, or hinders the development of the people should be eliminated."

"Secondly, we must be grounded in the realities of the new Xingqi Dynasty. The legal code must safeguard the new policies. The provisions on land ownership and transactions in the Equal-Field System; the laws on cheating in the imperial examinations and the selection of officials in the civil service examination system; the detailed rules on tax obligations and punishment for tax evasion in the new tax system... all need to be clearly reflected in the new code so that there is a legal basis for them."

"Thirdly, we should absorb the good practices of previous dynasties' legal codes. The framework and concepts of the Tang Code, such as the Five Punishments, Ten Abominations, Eight Deliberations, and litigation procedures, have many merits and should be studied in depth and critically absorbed. However, they must be adjusted, simplified, or innovated in light of the actual situation of our dynasty."

"Fourth, it embodies the spirit of fairness and compassion. Equality should be strived for before the law. Sentencing must have clear standards to prevent excessively lenient or severe punishments. Some cruel corporal punishments should be abolished, and the death penalty should be used with caution. For crimes of negligence and minor disputes among the people, leniency should be given where appropriate; for serious crimes such as corruption, treason, and harming the people, severity must be imposed. At the same time, it is necessary to improve the appeal, review, and pardon procedures to prevent wrongful imprisonment."

Fifth, adapt to the needs of social development. For emerging commercial contracts, maritime disputes, intellectual property rights, and even legal issues that may be involved in dealings with vassal states, we need to be forward-looking and set up special chapters or special clauses to regulate them. We do not seek perfection, but we seek to have rules to follow.

These five principles, which combine inheritance with innovation, emphasize both order and fairness, and are grounded in reality while looking towards the future, essentially define the direction of compiling the "Enlightenment Code".

"Prime Minister Jia," Chen Xing called out.

"Your old minister is here."

"You shall oversee the compilation of the legal code, and coordinate with relevant departments such as the Ministry of Justice, the Court of Judicial Review, the Ministry of Rites, the Ministry of Revenue, and the Censorate. Establish the 'Legal Code Compilation Bureau,' with its location next to the Hanlin Academy, to facilitate access to the classics and the gathering of scholars."

"This old minister obeys the decree!"

"Minister of Justice and Chief Justice of the Court of Judicial Review"

"Your subject is here!"

"You two will serve as deputies, specifically responsible for drafting legal provisions, compiling case studies, and reviewing existing laws. You need to widely solicit opinions from local judicial officials and criminal affairs staff, paying particular attention to collecting information on difficult issues in the application of current laws."

"Your Majesty, we obey!"

Chen Xing's gaze finally settled on a person slightly behind in the civil official's line, and he said gently, "Lin Wan'er."

Lin Wan'er was also in court today. Upon hearing the voice, she stepped forward and gave a graceful bow: "This concubine is here."

"You are well-versed in literature and history, meticulous in your thinking, and possess exquisite writing skills. Your work in compiling the legal code is of paramount importance, requiring careful consideration of every word and phrase. I hereby appoint you as the editor-in-chief of the 'Legal Code Compilation Bureau,' assisting Prime Minister Jia in polishing the wording of the legal provisions, clarifying their logic, and managing all kinds of documents and archives. In particular, you must ensure that the legal provisions are clearly and accurately expressed, avoiding ambiguity, and balancing elegance with fluency."

To be directly involved in the nation's highest-level legislative work as a concubine was undoubtedly a tremendous exception and a sign of great trust. Many officials in the hall showed unusual expressions, but considering Lin Wan'er's talent and prudence in formulating regulations and the imperial examination system, coupled with the emperor's obvious strong support, they found it difficult to voice their opposition.

Lin Wan'er's heart was also stirred. She knew the weight of this responsibility and felt the depth of the Emperor's favor. She solemnly replied, "Your Majesty, I accept your command and will do my utmost to live up to your trust."

"Furthermore," Chen Xing added, "we can summon those from across the land who are well-versed in law and knowledgeable in government affairs, regardless of their background, to study in the academy. What I desire is a legal code that embodies the finest legal wisdom of our time and can effectively guide the judicial practice of the empire!"