Chapter 232 The amnesty system must be reformed to prevent prisoners from relying on amnesty to commit crimes repeatedly
After thinking through the key points, Zhu Gang nodded in agreement.

"My wife is still very smart."

When Xie Yuer heard Zhu Gang's praise, a blush appeared on her face.

"Just your sweet mouth."

The two chatted and laughed all the way, and before they knew it, they arrived at Kunning Palace.

After paying their respects to Zhu Yuanzhang, everyone took their seats.

Zhu Yuanzhang seemed to be in a good mood, chatting about family matters with his sons and royal relatives. The atmosphere was very harmonious for a while.

However, when the topic turned to the Yixing case, Zhu Gang's heart tightened, and he remembered Xie Yuer's instructions.

Just as he was hesitating whether to speak, he heard Zhu Yuanzhang take the initiative to ask: "Old Third, do you have any thoughts on the Yixing case?"

Zhu Gang glanced at Xie Yuer beside him, only to see her shaking her head slightly.

So he made up his mind and decided to avoid the topic for the time being.

"Father, I think there are still many doubts in this case and further investigation is needed."

Zhu Yuanzhang nodded to show his approval.

Afterwards, the atmosphere of the banquet returned to its relaxed and cheerful state, with everyone laughing and chatting together to celebrate the New Year.

After three rounds of drinks, Zhu Yuanzhang suddenly brought up the old matter again.

"I'm in a very good mood today and would like to hear your opinions on the Yixing case. You can say whatever you want."

Everyone looked at each other, not knowing how to answer.

At this moment, Zhu Di stood up and said, "Father, I think this case involves court officials and must be handled with caution."

Zhu Yuanzhang nodded, looked at the other princes, and his gaze finally fell on Zhu Gang.

Zhu Gang secretly groaned in his heart, knowing that he could not avoid this hurdle after all.

He took a deep breath and said slowly: "Dad, I agree with what Fourth Brother said.

However, in this case, I think there are a few details worth pondering. "

Zhu Gang then expressed some of his questions and speculations, and Zhu Yuanzhang listened very carefully, nodding his head from time to time to show his agreement.

After Zhu Gang finished speaking, Zhu Yuanzhang thought for a moment and then said, "What the third brother said makes sense.

This case is indeed somewhat complicated. We cannot just look at the surface phenomenon, but need to conduct a deeper investigation.”

Hearing Zhu Yuanzhang say this, Zhu Gang felt relieved.

He was glad that he did not listen to Xie Yuer and remain silent, but bravely expressed his views.

Then everyone continued to discuss the Yixing case and expressed their opinions.

The banquet thus became more lively and seemed full of the collision of wisdom.

The Kunning Palace suddenly became noisy like a boiling pot.

Some are afraid, some are angry; some are excited, some are confused.

Zhu Gang, the main person in charge of the Yixing case, was not panicked at all. He just watched the scene in front of him quietly.

At this time, Zhu Biao, who was sitting next to Chang Qingyun, stood up and said, "The court has won the local war against U-Tsang, and according to the rules, it should grant amnesty to the people.

In addition to the heinous crimes, some new restrictions should be added."

According to historical records: Faced with the raging uprising, Qin II was forced to launch the first "amnesty".

From then on, emperors used strict laws to restrain the people on the one hand, and on the other hand they demonstrated their own kindness by "amnesty for the whole world".

Of course, "amnesty for all" was not something the emperor did on a whim; it usually required some reasons.

Taking the Song Dynasty as an example, the emperor could only grant amnesty to the world if the following ten situations occurred.

(1) Jianzuo: the time when a new emperor ascends the throne.

(2) Changing the reign title: when the reign title is changed. (3) Establishing the empress: when the emperor establishes the empress.

(4) Establishing the crown prince: This is when the emperor selects the crown prince as his successor.

(5) Illness or death: when important members of the royal family, such as the emperor, empress, or empress dowager, become seriously ill or pass away.

(6) Suburban sacrifices: These were the times when the emperor offered sacrifices to heaven and earth.

(7) Fengshan: This was when the emperor went to Mount Tai to hold a grand ceremony to offer sacrifices to heaven.

(8) Kejie: ​​This is when the imperial army wins a major battle.

(9) Auspicious sign: This sign refers to the appearance of auspicious things in a certain place in the country.

(10) Disasters: These are when a major disaster occurs somewhere in the country and the court needs to calm the people.

After clarifying the basic situation of "general amnesty", Zhu Gang suggested: "In addition to 'general amnesty', we can also formulate regulations for 'special amnesty' and 'special amnesty'.

Unlike a large-scale amnesty, a "local amnesty" only pardons prisoners in local areas.

The name "Qushe" existed as early as the Western Jin Dynasty. The "Book of Jin·Chronicle of Emperor Wu" records: In the fifth year of Taishi, Qushe pardoned the five-year sentence in Jiaozhi, Jiuzhen and Rinnan.

After the Song Dynasty, a clear judicial interpretation of Qu She was given.

Special pardon refers to the pardon of specific criminals.

During the Three Kingdoms period, the Shu general Wei Yan launched a rebellion. After suppressing the rebellion, Liu Chan pardoned the soldiers under his command.

In addition, after Li Shimin launched the Xuanwu Gate Incident, he also pardoned Li Jiancheng's subordinates. These are typical examples of "special pardons."

Zhu Yuanzhang nodded and said: "No matter how the system of 'general amnesty' is reformed, corrupt officials will never be allowed to be pardoned.

Regardless of whether it is the imperial court or the local government, anyone who is exiled for corruption or abuse of power cannot be released even if there is a 'general amnesty'."

Zhu Biao seemed to have thought of something, "Also, prisoners involved in murder are not allowed to return to their hometowns after being pardoned.

To prevent those who have been pardoned from harming the original victims.”

Zhu Di added: "The amnesty system is a kind of extra-legal favor from the rulers to the people, the purpose of which is to win the hearts of the people and consolidate the regime.

If a prisoner commits a crime again after being pardoned, his crime will be more severe.

It is necessary to legally block the possibility that some people will rely on amnesty to commit crimes repeatedly without fear.”

Seeing his three sons expressing their opinions, Zhu Yuanzhang nodded with satisfaction.

“Amnesty is a reflection of the concept of governing the country with benevolence and love for the people, and it can resolve social conflicts to a certain extent.

It has certain positive effects in eliminating social hostility and maintaining harmony and stability.

However, those who truly benefit from the amnesty are often criminals.

They either fail to repay their debts or harm the lives of others.

After spending two or three years in prison, he was released during an amnesty.

If this continues, it will only allow evil people to gain power and good people to suffer.

Fortunately, we have three good sons who have figured out a solution. Dad will drink this cup with you on this beautiful day!"

After putting down his wine glass, Zhu Su, who was only one year younger than Zhu Di, said: "In addition, the judicial system should be improved to strengthen trial fairness and enforcement.

Make sure criminals receive the punishment they deserve, and don’t just rely on amnesty to solve the problem.”

Zhu Yuanzhang nodded slightly to show his agreement.

He glanced around, then looked at Zhu Biao and said, "Biao'er, what do you think about this?"

Zhu Biao pondered for a moment and slowly said, "I think that in addition to the above measures, we should also focus on education and moral guidance.

Through propaganda and education, cultivate people's concept of rule of law and moral integrity.

Make them consciously abide by the law and reduce the occurrence of criminal behavior. "

(End of this chapter)