Following Hu Xian's words, Cao Rui also turned his gaze to the three people on the side.
After Jiang Ji was appointed the Governor of Yangzhou, the post of Central Guards General was taken over by Han Fan.
No courtier is perfect, and this applies to both Jiang Ji and Han Fan.
Han Fan used to work with Liu Xiao and Wang Xiang on compiling "Huangliang", it is obvious that Han Fan's talents are one level lower than Liu Xiao and Wang Xiang.
But Han Fan was responsible and his hometown was Longkang in Qi state, so he was considered an old neighbor of the Cao family.
The reason the central army is called the central army lies in the word 'middle'.
Cao Zhen, Cao Hong, Xiu Huan and others were all Cao's relatives. Xu Chu and others didn't need to say, but they were also Iron-Core old subjects of Cao Cao.
People who are slightly lower in rank, such as Wen Qin, the inspector of the five regiments under the five camp commanders, who is from Qiao County. Similarly, it is also reasonable that Han Fan, who also comes from Qiao Kingdom, holds the position of Central Guards General.
Even the emperor cannot do without appointing old neighbors.
Before, Cao Rui used Jiang Ji, who was probably just given an official position in the southern expedition camp for consultation. As soon as he returned to the court, Jiang Ji was immediately transferred to an external post.
Cao Rui asked with a smile, "Marquis Han, do you wish to become the Central Guards General or would you like to work on revising the laws?"
When the emperor asked so directly to himself, Han Fan was momentarily confused.
I'm wondering myself.
It's just that a few years ago, I participated in compiling the "Imperial Survey" together. Then, for some strange reason, I was recommended by Master of Works Sima Yi. I was doing just fine as the Central Guards General!
Upon hearing this, Han Fan immediately stood up, but after standing up, he hesitated for a few seconds before bowing and saying: "Your Majesty, I have only been appointed as the Central Guards General for a month. I haven't had any thoughts about changing my post yet."
Cao Rui nodded, understanding Han Fan's meaning. Then he looked at Liu Xiao and Lu Yu.
Cao Rui had known of Liu Xiao's talent since his inspection in Chenliu. After Liu Xiao arrived in Luoyang, he went straight to Hu Xun's house. This too, Cao Rui was aware of.
In other words, if using Liu Xiao to revise the laws is a good idea, then the person to ask now is Lu Yu.
Cao Rui looked at Lu Yu: "Marquis Lu, would you like to take responsibility for this law revision matter for the court?"
Lu Yu also rose quickly, bowing and saying, "Of course, I am willing to share the burden with Your Majesty and the court. However, whether or not to use me is not up to me, but depends on the appointment by Your Majesty and the court."
Cao Rui said, "The principle is sound. If I want you to work on revising the laws, how would you do it?"
Lu Yu bowed and said, "If I have my way, there are only two things we need to do for this revision of the laws."
Only two? The eyes of Hu Xun, Liu Xiao, and Han Fan all turned towards Lu Yu, and Cao Rui also fixed his gaze on Lu Yu's face.
Lu Yu spoke calmly, "The first is that the complexity of the Han Code lies not only in centuries of accumulated additions, but also in the different perspectives of different emperors and ministers at different times."
"The first thing we need to do is to clarify the fundamental principle of law revision. How should we revise the laws? What principles should we base our revisions on?"
Cao Rui narrowed his eyes slightly. Lu Yu's words actually meant that they needed to unify thoughts and understanding first, clarify an overall plan, and then proceed with the task of revising the laws.
"What's the second thing?" Hu Xun asked by his side.
Lu Yu said: "The second thing is that, in my opinion, although the number of clauses and provisions in laws and decrees can be very large, what common people can actually violate is fixed."
"Therefore, I believe the second thing to do is that for the same offense, there should be only one interpretation of conviction and punishment, not two."
"I believe this is also the essence of what Your Majesty said about 'simplifying the complex'!"
Cao Rui took a deep breath and could not help but slightly shake his head and sigh.
In this world, truly there are people who are exceptionally brilliant and more intelligent than others.
Clearly, Lu Yu is such a person.
What Lu Yu actually meant was that first, the emperor and senior officials would discuss the guiding ideology. Then, we who are responsible for implementation would create a law for each crime.
Logically, it's that simple.
In fact, in Cao Rui's previous thoughts, the revision of the laws was essentially a textual job.
To simplify the four hundred years of cumulative chapters and sentences from the Han dynasty into a concise version, this is roughly what it would be. The correctness and accuracy of specific items can then be checked by officials at the court and in states and counties according to the current situation, which would allow for its release.
But there hasn't been a clear plan on how to carry out this textual work.
Lu Yu solved it with one sentence.
Cao Rui then looked at Liu Xiao, not knowing how he would respond.
Cao Rui asked, "Marquis Liu, how would you proceed?"
Liu Xiao replied casually, "Your Majesty, what Mr. Lu mentioned just now are all reasonable. I also have some things to add."
Cao Rui nodded: "Please elaborate."
Liu Xiao bowed and said, "For the Supreme Court and local states and prefectures, how to find the most suitable clause in the face of complex sentences during punishment is the biggest problem at present."
"I think the first thing is to place the 'Comprehensive Code' at the beginning."
"In the Nine Chapters of the Han Code, the 'Comprehensive Code' which has the nature of a general regulation is placed in the sixth chapter, neither at the beginning nor at the end, and cannot play its role in leading all laws and decrees."
Cao Rui understood that Liu Xiao was suggesting the creation of a general outline and a catalog-type item to be placed at the beginning of the new laws. This must be some experience Liu Xiao accumulated while compiling the massive book 'Imperial Survey'.
Liu Xiao continued, "I think the second thing is to separate the law and the order. Therefore, it will be more convenient for both in the palace and in local states and prefectures."
Cao Rui nodded slightly upon hearing this. Liu Xiao's general idea is, if we use modern terms to compare it, to separate the laws and the specific regulations for implementation.
Liu Xiao paused for a moment and cleared his throat slightly.
"Your Majesty, I would like to mention the third thing."
Cao Rui looked up at Liu Xiao: "Marquis Liu, please proceed."
Liu Xiao bowed and said, "I believe that the 'Eight Considerations' from the 'Rites of Zhou' should be incorporated into the new laws."
"Eight Considerations"?
Cao Rui frowned: "Marquis Liu, please elaborate."
Liu Xiao replied, "Your Majesty, the 'Qu Li' states, 'Imprisonment does not apply to gentlemen.' "
"In the 'Rites of Zhou', the criminal behavior of eight categories of people must be specially examined and cannot be directly sentenced by the Supreme Court. Moreover, penalties can be reduced."
"The 'Eight Considerations' refer to considering blood relations, old acquaintances, the virtuous, the capable, contributions to the state, nobility, diligence, and guests."
Cao Rui took a deep breath and began to think.
In fact, since ancient times, the privileges of the privileged class have always been present, but the manifestation of them has varied in each era.
For example, during the Han Wudi period, if an official or noble committed a crime, it was very simple to pay money to avoid punishment.
From a modern perspective, if violating the law could be bought off with money, what seriousness would the law have? Isn't it a joke?
But the law is merely a tool to maintain control. The emperor can bestow titles on officials, elevate common people to nobility, which is the greatest privilege. And high officials also need some small privileges.
Take the Wudi of Wu Cao, who loves law enforcement, for example. Many subjects or generals who commit crimes are pardoned or only punished due to their past merits or hard work.
Why would they not consider the law at this time? Of course, they need to keep these people to fight for the empire. If the hearts of the people are scattered, how can you lead the troops?
Liu Xiao's recent proposal is simply to use sentences from Zhou Li as a basis and incorporate them into the new laws' articles.
Cao Rui thought it over roughly and found it feasible. He then looked towards Hu Xun: "What do you think of this matter, Uncle Hu? Will the inclusion of the 'Eight Considerations' in the new laws work?"
Hu Xun did not respond immediately. After a moment of silence, he spoke cautiously, "Your Majesty, in the past, the court has always handled such situations by either the emperor speaking out or ministers appealing for leniency to reduce the crimes of offending officials."
"I think there are both benefits and drawbacks to this matter."
Cao Rui continued to ask, "What are the benefits, and what are the drawbacks?"
Hu Xun said, "Your Majesty, the benefit lies in the fact that when it is implemented, it is up to the officials to discuss it, rather than being decided solely by the emperor. This allows for more discussion or less, as the responsibility comes from the law rather than from above. As a result, the offenders will not have too many grievances against the emperor."
"What are the drawbacks?" Cao Rui continued to ask.
"The drawback is that the high-ranking officials and ministers who are aware of the existence of the 'Eight Considerations' may deliberately break the law or take the laws lightly. Since there is a possibility of reduced punishment due to the 'Eight Considerations', they would feel more bold and indifferent."
After listening to Hu Xun's words, Cao Rui nodded slightly.
Everything has its pros and cons, and the 'Eight Considerations' are no exception.
Cao Rui frowned slightly and said, "I am already aware of the 'Eight Considerations' that Mr. Liu just mentioned. If the 'Eight Considerations' are included in the new laws, I estimate it will be one of the biggest changes."
"This clause will not be added in a hurry. I will think about it more carefully, and you all should think about it as well."
Liu Xiao bowed: "I understand Your Majesty's intention now."
Cao Rui looked at the four of them: "I have a rough idea about modifying the new laws. I will appoint Hu Taifu as the leader, with Liu Xiao and Lu Yu, two 2000-stone officials, assisting. Do you three have any objections?"
Hu Xun also stood up from his seat, bowing in unison with Liu Xiao and Lu Yu, and said, "I have no objections."
Seeing that all three had stood up, Huan Fan felt awkward and stood up as well.
However, the emperor did not pay attention to Huan Fan's actions but gestured for Zhong Yu to come over instead.
Cao Rui looked at Zhong Yu: "Zhong Yu, go to the Western Pavilion and the Eastern Pavilion and carefully explain to the four ministers the preliminary arrangements I just made. Ask them if they have any opinions."
Zhong Yu received the order, turned to leave, but was called back by the emperor.
Cao Rui said, "Tell them not to be afraid! It's up to them to find loopholes and make improvements for me."
Zhong Yu said, "I understand."
It doesn't take much time to go between the Western Pavilion and the Eastern Pavilion.
Shortly after, Zhong Yu reported that Cao Zhen, Dong Zhao, Sima Yi, and Wei Zhen all expressed their agreement.
Cao Rui said, "Since the ministers have no objections, I will order the Minister of Ceremonial to draft an edict."
"This matter will be troublesome for you, Uncle Hu!" Cao Rui smiled and looked at Hu Xun, then turned to Liu Xiao and Lu Yu: "So will Mr. Liu and Mr. Lu!"
Hu Xun, Liu Xiao, and Lu Yu all expressed gratitude and assent.
And Cao Rui didn't forget about Huan Fan beside him: "Lord Huan, you may rest assured in your position at the Central Army! I am keeping you for a great purpose!"
Huan Fan also hurriedly bowed.(Chapter complete)
