Chongzhen revived the Ming Dynasty

Chapter 1117 Are Criminals Equal? ​​The Difference Between Loyal Ministers and Filial Sons and Adult

"The Emperor is unjust! The Emperor is unjust!"

"Why are the other five ministries expanding their powers while our Ministry of Justice has lost its power?"

"Is this how the Emperor re-establishes rites and music, and adjusts the distribution of power?"

Zhang Fengxiang shouted loudly, feeling extremely resentful that he could only be responsible for criminal cases.

He felt that if things continued like this, he would be ruined, and no one would regard him as a minister in the imperial court.

He himself was pleased, but the others' expressions changed drastically upon hearing these words—

Because re-establishing the rites and music system was the emperor's Achilles' heel, anyone who opposed it was expelled by the current emperor.

If Zhang Fengxiang were to be reported for saying these things, everyone present would be suspected by the emperor.

In particular, the high-ranking officials of the Ministry of Justice gathered at the Ministry for discussions, but Liu Qiao, who concurrently served as the Right Vice Minister of the Ministry of Justice, was conspicuously absent. If the Emperor were to find out, how should he react?
Their private meetings are completely different from formal meetings with secretaries taking notes.

Zheng Sanjun, as the head of the Ministry of Justice, was furious. He decided to never participate in private meetings again, lest someone gossip behind his back and implicate him.

He said sternly to Zhang Fengxiang:

"Minister Zhang, be careful what you say!"

"Is the Ministry of Justice powerless? It's because you haven't used your power properly."

"His Majesty has repeatedly demanded that prisons also follow the rules and learn from the Imperial Prison."

"Since Vice Minister Zhang is in charge of criminal justice, does he think that all the prisons in the Ming Dynasty have reached the standard of imperial prisons, and he has nothing to do, so he wants to demand more power?"

These words made Zhang Fengxiang extremely embarrassed. He said rather unhappily:

"The Imperial Prison is for imprisoning high-ranking officials; how can it compare to an ordinary prison?"

"Besides, how much money would it cost to build every prison like the Imperial Prison?"

"Who will allocate this money, and will the Ministry of Revenue approve it?"

They believed that Zheng Sanjun was making unreasonable demands and that he simply could not meet the standard.

What is the Imperial Prison? It's a place where scholar-officials like them are imprisoned. Can it be compared to an ordinary prison?

He doesn't object to the Embroidered Uniform Guard reorganizing the Imperial Prison; why should ordinary prisons follow the example of the Imperial Prison?

But Zheng Sanjun said:

"No one will force someone to do something they can't do."

"But is clearing up old cases and reforming long-standing problems really that difficult?"

"You can't even do your job properly, so what gives you the right to demand more power?"

"Given what you did in the Ministry of Justice and what you just said, if outsiders find out and impeach you for opposing the reform of the rites and music, how will you respond?"

His eyes were fixed on Zhang Fengxiang, warning him to stop making excuses.

Based on his actions and complaints, it's almost certain that people will accuse him of harboring resentment and extending that to opposition to the restoration of ritual and music.

Zhang Fengxiang was well aware of the seriousness of opposing the restoration of the rites and music system. Anyone demoted on this grounds basically had no chance of returning to the capital.

After hearing the warning, he finally realized he was afraid. Looking at Zheng Sanjun and other officials from the Ministry of Justice, he forced a smile and said:

"I misspoke just now. I have no intention of opposing the restoration of rites and music."

"I just feel that our Ministry of Justice should have more power, and all the officials in charge should have their own responsibilities."

"Please do not take my words to heart. I only misspoke."

He repeatedly explained, asking his colleagues to keep it a secret.

Her eyes were pleading as she looked at Zheng Sanjun, hoping he would save her.

Zheng Sanjun had no intention of getting rid of Zhang Fengxiang. Firstly, the leadership transition was still underway, and the Ministry of Justice needed to maintain stability. As the newly appointed Minister of Justice, he couldn't afford to make a fool of himself in front of others.

Secondly, Zhang Fengxiang and he were both members of the Donglin Party, belonging to the same faction. Even though the Donglin Party has split now, there are still ties between them.

So he went along with Zhang Fengxiang's words, saying a few things about not being a petty person, and warning others not to spread the words.

The officials from the Ministry of Justice present naturally had to give face to their superior, and regardless of what they thought in their hearts, they promised not to talk about the private conversation, and there would be no meeting minutes for this informal exchange.

Zhang Fengxiang's slip of the tongue has been suppressed.

But this is still a weakness, and we need to find a way to fix it.

Zheng Sanjun advised him:
"The Ministry of Justice's Penal Division is responsible for more than just prisons."

"All cases involving punishments such as flogging, penal servitude, exile, and death fall under the jurisdiction of the Department of Punishments."

"I will not go into the details of the existing punishments for now, but Vice Minister Zhang should pay more attention to the matter of exile."

"We must distinguish between exile and forced immigration and proactively regulate immigration."

"This is something His Majesty values ​​highly; if you do it well, you will naturally be credited."

Let Zhang Fengxiang perform well and take the initiative to get closer to the emperor.

To avoid being reported and implicated by everyone present.

What else could Zhang Fengxiang say? He could only obey orders.

Although he knew that forced immigration would be met with criticism, he had no choice but to do it now.

We can only follow Zheng Sanjun's requirements and standardize the criteria for forced immigration, designated residence, and exile distance.

Furthermore, the Ministry of Justice is involved in forced immigration and oversees the execution of penalties.

Orders requiring enforcement, such as the relocation of Yu Ding, are often handled by the Penal Division accompanied by bailiffs.

Zhang Fengxiang's reputation in the court and among the public changed instantly. He became the infamous "Black-faced Vice Minister," capable of stopping children's nighttime crying—

Many families are unwilling to face the bailiffs from the Ministry of Justice, fearing that they will be arrested, punished, or forcibly relocated.
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After assigning this potentially offensive task to Zhang Fengxiang, Zheng Sanjun breathed a sigh of relief.

This was something he proposed some time ago: to treat all displaced people as criminals.

Although the emperor did not agree, the work of relocating refugees never stopped.

If anyone refuses to cooperate, they will be charged with a crime and forcibly relocated.

Zheng Sanjun instructed Zhang Fengxiang to convict more vagrants, exiling them whenever illegal activities were discovered.

Those who do not meet the criteria for exile are subject to forced immigration and mandatory designation of residence.

Even a small mistake can lead to these two charges.

In practice, these measures offer considerable room for manipulation. The Ministry of Justice could forcibly relocate people to vassal states with indebted companies, providing development loans to immigrants and earning interest income.

Jeong Sam Jun and other ministers who invested in the debt company were able to benefit from this.

Because it was permitted by the emperor, Zheng Sanjun made no secret of it, telling the other officials of the Ministry of Justice:
"The Emperor forbids the Imperial Guard from investing in debt companies, which presents an opportunity for the Ministry of Justice."

"The Department of Legal Affairs should legislate for debtor companies and provide them with support."

"The Department of Penalties should consult with the opinions of debt corporations when exiling criminals or relocating immigrants."

"The Ministry of Justice must work closely with each debtor company to establish a stable influence."

"These companies are truly powerful and should not be underestimated."

This pleased the officials in the Ministry of Justice. With so many government departments and ministers as shareholders in the debt corporation, the Ministry of Justice's ability to establish stable influence within it meant it had influence among the officialdom.

Moreover, they can also invest and gain more profits.

Zheng Sanjun, who raised this point, thus gained their support. He gained more influence and a more stable position within the Ministry of Justice.

But to him, this was simply a matter of course. The Minister of Justice naturally controlled the Ministry of Justice, and no one could challenge him.

Zheng Sanjun is now more focused on his position as director of the Public Safety Commission.

He originally thought he was taking this part-time job seriously enough, but he didn't expect that he had underestimated it.

Liu Qiao's experience of forming a police association and holding small meetings within it made him realize the power of this committee.

Otherwise, Liu Qiao wouldn't have gone to such lengths to win over others.

After careful consideration, Zheng Sanjun finally understood the significance of this position:

"The Imperial Guard, the law enforcement teams, the Eagle-Winged Army, the Imperial Household Department, and the food and drug supervision agencies of the Imperial Medical Academy..."

"The Public Safety Committee has a lot of power! I underestimated it before."

With so many government officials serving as members of the Public Security Commission, if he performs well in his position as director, his power can extend to these departments.

Therefore, Zheng Sanjun is no longer focused on vying for law enforcement power, but instead wants to gain a voice in public safety matters.

He wanted to truly control this committee and wield cross-departmental power.

What does it matter if the Ministry of Justice has little power? It won't prevent him from becoming an influential minister in the court.

Having recognized the reality, the Ministry of Justice ceased its futile efforts.

They began to focus on other matters, vying for all the power they could see.
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In order to gain sufficient influence and salvage his reputation after being reprimanded by the emperor, Zheng Sanjun, after careful consideration, presented his new viewpoint at the court assembly. He said to the emperor:
"All citizens of the Ming Dynasty are equal before the law and etiquette. The innocent should not be treated as criminals. This is Your Majesty's teaching, which I have deeply appreciated after pondering it."

"Indeed, innocent citizens of the Ming Dynasty are equal, but criminal citizens cannot be treated the same."

"Loyal ministers and filial sons are not the same as adulterers and adulterous women who commit crimes."

"The etiquette and laws of the Ming Dynasty must clearly distinguish between these two."

This aligns with the moral values ​​of the Ming Dynasty and has gained widespread acceptance.

They believed that even if loyal ministers and filial sons made mistakes, they should be given lenient sentences or even pardons.

Adulterers and adulteresses must be severely punished; they cannot be allowed to roam free.

Zhu Youjian had an instinctive wariness of civil officials. Upon hearing this theory, he frowned and asked Zheng Sanjun:

"Who should judge who is a loyal minister and a filial son, and who is an adulterer and a harlot?"

"What do you think of a loyal minister and a filial son who commit the sins of adulterers?"

Zheng Sanjun calmly replied:

"Loyal ministers and filial sons, as well as adulterers and adulterous women, should naturally be judged according to their behavior."

"Even the Eight Deliberations do not pardon the Ten Abominations. If a loyal minister or filial son commits the crime of adultery, he will certainly be treated as an adulterer."

"Of all evils, lust is the worst; adultery and theft are all depraved sins."

"I believe that those who have committed crimes of depravity should be severely punished, while loyal ministers and filial sons who have not committed crimes should be given a chance to repent or even be pardoned, even if they have committed crimes."

"In this way, people will naturally value morality and reject depravity, and customs can be restored to purity."

This perfectly aligned with the ideals of Confucian scholars, who unanimously approved of it.

Those who believe that depraved crimes should be severely punished, but who commit crimes without engaging in depraved behavior, should be given a lighter sentence depending on the consequences.

In this way, people's moral standards will rise, and they will avoid depraved behavior.

In particular, Zheng Sanjun cited an incident concerning the protection of military marriages. He said:

"His Majesty has requested special protection for military marriages and has enacted specific laws for this purpose."

"I believe the reason is that the army is full of loyal ministers and filial sons."

“These people’s families should not be destroyed by depraved adulterers.”

"Your Majesty's request, I will work with the Ministry of War to strictly formulate laws concerning military marriages."

"Ensure that the families of loyal ministers and filial sons are protected, and prevent the soldiers on the front lines from shedding blood and tears."

This was entirely Zhu Youjian's request; he could not possibly raise any objections that would shake the morale of the army.

However, he always felt that this suggestion might run into problems during implementation, so he ultimately said:
"Military marriages should be protected, but other aspects should be further discussed."

"Furthermore, among the Eight Deliberations is the Deliberation of the Worthy, which allows for lenient treatment of virtuous and noble individuals. It is entirely possible to invoke the Deliberation of the Worthy for a special pardon after the conviction."

“If any virtuous and loyal ministers or filial sons commit crimes, I will deal with them leniently.”

He partially agreed to Zheng Sanjun's request, but did not fully approve of it.

Zheng Sanjun was satisfied with the result, because the emperor did not reject the proposal, and he could have easily favored loyal and filial officials who had not fallen from grace when formulating laws.

The laws enacted by the Ministry of Justice will reflect his will.
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Zhu Youjian didn't care much about this; on the contrary, he was pleased that the crimes of depravity he had proposed had taken root in people's hearts.

It can only be said that the current social atmosphere is extremely poor, and decadent behavior exists in many aspects.

The reason why the Donglin Party was supported by many people was that they advocated a return to the past, promoted the Cheng-Zhu school of Neo-Confucianism, and aimed to achieve "no different teachings above, no different customs below, and a unified morality." In later generations, they were even hailed as "a crusade to restore morality."

Zhu Youjian's proposed crime of "corruption" aligned with the theories of the Donglin Party. After Zheng Sanjun became Minister of Justice, he strongly advocated expanding the scope of the crime of "corruption."

Zhu Youjian was cautious about this. He instructed the Ministry of Justice and the Ministry of Rites to jointly determine which crimes constituted crimes of moral decay. The goal was to both promote a change in social customs and avoid implicating those who had not fallen into moral decay.

Previously, there were no clear standards for which crimes were considered depraved and why they were regarded as depraved.

After the theories of long-lived and short-lived races spread, Zheng Sanjun proposed that using short-lived race behavior was a sign of Chinese people degenerating into barbarians.

It is recommended that short-lived species be classified as depraved behavior and included in all depraved crimes.

Degenerate criminals are also short-lived species; we must guard against their degeneration into barbarians.

Zhu Youjian did not fully agree with this theory, but he did agree with it to some extent.

He demanded that any depraved behavior that causes harm be severely punished.

We must take precautions against potentially harmful short-lived species behaviors.

The law should not only punish criminals, but also prevent crime. As long-lived people of the Ming Dynasty, we should actively condemn the behavior of those who are short-lived.

This garnered widespread support, but Zhu Youjian also harbored concerns.

Because some industries require short-lived species, long-lived species are more likely to protect themselves in order to live longer.

Moreover, these industries cannot be replaced by Japanese slaves, otherwise it would bring even greater harm.

For example, dangerous professions such as the military and police actually require short-lived species.

We need people who are fearless and willing to sacrifice themselves.

With short-lived breeding practices now condemned, these two industries will find it even harder to recruit.

In particular, short-lived species are prone to barbaric behavior and may produce people who are afraid of power but not virtuous.

Therefore, Zhu Youjian was constantly pondering how to guard against this tendency and cultivate more loyal people. (End of this chapter)

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