Chapter 1091
Legal Reform
Xue Shao said, "Many scholars who combine farming and reading come from the collateral branches of these powerful clans. They farm and study at the same time. If we punish many innocent people because of the crime of one person, wouldn't that be disheartening? If there are too many cases, I'm afraid the scholars of the world will say that Your Majesty is too harsh in your laws."
Xue Shao proposed that only the mastermind be executed, all his property be confiscated and put to public use, and the rest of the people should be released after investigation if they are found to be unrelated to the case, and their families should also be given leniency.
"Either exile or ban their three generations from taking the imperial examinations and entering officialdom," Xue Shao said. "Losing their property and banning their three generations from taking the imperial examinations would be a huge blow to their descendants. I think this method is more deterrent than simply executing three generations of their family. Moreover, it only punishes the ringleader, which can not only eliminate the resentment among the people but also gain their support."
Pan Yun: "You mentioned it to His Majesty?"
"I submitted a memorial, but the cabinet rejected it. Grand Secretary Yu said that at this critical moment, we should punish him severely to set an example for others. As you know, His Majesty has always valued Grand Secretary Yu."
Xue Shao understood that Yu Qian wanted to use strict laws to curb corruption, but he did not agree with it.
"The fight against corruption should not be solely based on severity; a balance between strictness and leniency is necessary."
Pan Yun: "Should we target what they care about most?"
Cruel officials may be perverse, but corrupt officials basically all have one thing in common: they want their descendants to continue their glory and live in wealth and honor forever.
The rule that a family cannot hold office for three generations is a ruthless measure, and its punishment is no less severe than beheading.
Pan Yun was persuaded by him and asked, "Do you want me to speak on your behalf?"
Xue Shao chuckled: "If Your Majesty asks, I would appreciate it if the Imperial Advisor could put in a good word for me. Saving a life is a great merit, especially since many of them are innocent victims."
Pan Jun nodded.
The Ming Dynasty's system of collective punishment was extremely harsh. For example, if her father committed a crime, all three of her siblings would be exiled.
That's one thing, but the whole family is supported by her father, so it's understandable that they were implicated.
But those distant relatives, who might only see each other once a year during the Lunar New Year, what crime have they committed?
And the neighbors...
Oh, in the Ming Dynasty's system of collective punishment, a considerable number of crimes involved ten households being held jointly liable if one household committed a crime. This was the Baojia system.
Ten households form a "jia" (甲), and ten "jia" form a "bao" (保).
This has led to a polarization in the community: either neighbors report on each other or even make false accusations, with no trust or willingness to help each other;
Alternatively, neighbors would cover for each other, and if one person broke the law, everyone would help cover it up, even forming a force to oppose the authorities.
Regardless of whether it's the former or the latter, power will eventually be concentrated in the hands of the head of the village and the head of the bao. The head of the village and the head of the bao are mostly local landlords and gentry. They can use this power to impose forced labor, focus on taxes, and even extort money from the people.
Otherwise, how did the 40 million people hidden in the Ministry of Revenue's Yellow Register disappear?
There are many areas in the Ming Dynasty that need reform.
Pan Yun and Xue Shao exchanged a glance, both knowing that reforms cannot be rushed; haste could lead to disaster.
Following the court's reforms of the royal family, the military, and the bureaucracy, Xue Shao once again submitted a memorial requesting reforms to the law.
Among them, they expressed opposition to the collective punishment law concerning certain minor offenses.
For example, there were laws punishing theft, tax evasion, and embezzlement through collective punishment. The memorial was met with widespread opposition as soon as it was submitted, with one censor even directly denouncing Xue Shao as a traitor, arguing that this was opening the door for corrupt officials…
Xue Shao ignored the personal attacks and stated his reasons for advocating reform, addressing and refuting their points one by one.
He basically did not change the criminalization of embezzlement and bribery, and he did not even change the practice of holding relatives and friends of those who embezzled huge sums of money accountable. He only hoped to reduce the scope of those who were implicated.
“Take cousins for example. Even brothers keep clear accounts, but after they grow up, they go their separate ways. How much more so cousins?” Xue Shao said, “They may have only met when they were young and never received any favors from them, but they are implicated when they commit a crime. Aren’t they innocent?”
"Hmph, that's just your assumption. Families are closely connected, and such corrupt officials will surely benefit all their relatives and friends when they achieve success. How could they not help their relatives and friends? Few of those around corrupt officials are not grateful for their favors. They are all traitors to the country and the people. How can we let them go?"
Xue Shao said, "If there is any favoritism, it can be investigated through the Dali Temple. Accomplices will be charged with their own crimes."
The Ming Code was inherited from the Yuan Dynasty, which in turn inherited from the Song Code. While the general structure remained largely unchanged, many minor additions and deletions were made.
When Emperor Taizu Gao ascended the throne, the country had just been pacified and there was still a lot of lost territory in the north and south. At that time, the Sixteen Prefectures of Yanyun were still outside the country, and bandits were rampant in the areas under their jurisdiction, so it was necessary to use severe punishments.
In order to collect taxes, prevent the people from causing trouble, and reduce bandits, the Ming Dynasty Code made strict provisions for the Baojia system of collective responsibility. If a household became a bandit, the entire Jia, Bao, and even the whole village would be implicated.
Emperor Taizu Gaozu deeply abhorred corrupt officials and firmly believed that ordinary people rebelled because they were forced into it by corrupt and cruel officials. Therefore, he imposed particularly severe punishments on corrupt and cruel officials, and the consequences were widespread.
Xue Shao's proposal to amend the collective punishment law was merely to correct some of the overly harsh aspects of it.
Do you really think that the families of corrupt officials are the ones who suffer the most under the system of collective punishment?
No, it's ordinary people in the community, and even those at the bottom of society are more vulnerable to the exploitation of the collective punishment system.
Xue Shao presented a booklet containing classic cases he had collected over the years from his inspections, all of which involved individuals implicated in cases of collective punishment. Among the perpetrators were thieves, corrupt officials, and ordinary citizens.
Without exception, those implicated were ordinary people who had nothing to do with the case, yet they were implicated because of the law of collective punishment, leading to the destruction of their families and the deaths of their loved ones.
In recent years, the heavy taxes on the people have made life difficult, especially for the lower classes who lack the ability to withstand risks. Once a family suffers a misfortune, they may have to sell their land, houses, or even their family members, leading to the destruction of their families and the death of their members.
The middle class has a weak ability to resist risks and a poor foundation. Once an unexpected event occurs, they will fall back into poverty, or even fall all the way to the point of family ruin and death.
The booklet was full of classic cases. Xue Shao presented it to persuade the emperor and officials to agree to the legal reform. In fact, he had something else on his mind that he didn't say, nor could he say it.
Ultimately, the land, houses, shops, and other assets that were lost due to unexpected poverty, family ruin, or death were snapped up by a few individuals before they even entered the market.
These people amassed wealth and became local powerful clans. So, is the system of collective punishment ultimately beneficial or harmful to the country?
There were people in the court who opposed Xue Shao, and naturally there were people who supported him.
However, Xue Shao was not grateful to those who agreed with him, because some of them were mixed with all sorts of nonsense.
For example, directly suggesting the abolition of the law of collective punishment, believing that it is inappropriate for one person's crime to involve their family members;
Some even suggested revising the punishments, feeling that some of the sentences given during the reign of Emperor Taizu Gaozu were too harsh.
As a result, the radical officials, who had already begun to soften their stance, immediately launched a fierce re-opposition.
Yu Qian and others scolded all of them, and Xue Shao, who was standing aside, was implicated quite a bit.
The argument nearly escalated into a physical fight between the two factions. (End of Chapter)