The Ministry of Justice and the Minister of Justice Yin Shishi, who drank tea in the office to moisten his throat. He had just returned from a quarrel from the Senxia Provincial Consortium. If he didn't moisten his throat, he felt that his throat was about to get angry.

The court wanted to revise the "Da Zhou Law", temporarily named "Mingde Law", and has drafted a first draft. Now it is the stage of soliciting opinions from all parties. Any official and civilian (scholar) who meet the conditions for discussing the law can write a letter or express opinions in newspapers.

At the same time, the ministers of the Ministry of Justice also regularly go to the Senxia Provincial Censorate, and the bachelor's degree in the Secretariat, the Censor's clerk and the political participation, and some officials discuss the various provisions of the new law together.

This kind of discussion can easily turn into a debate and then almost a quarrel.

As the Minister of Justice, Yin Shishishi was responsible for collecting opinions from all parties in the "Mingde Law" sections of the "Criminal Law" and interpreting the clauses in the first draft of the "Criminal Law", that is, "Question and Answer".

Then we will have a "general debate" with the questioner and declare the legislative reasons and reasons for the draft clauses.

Therefore, since the beginning of autumn, Yinshi Master has become increasingly busy. In addition to handling matters from the Ministry of Justice, he has been debated (quarreled) with the Senxia Provincial Consortium from time to time. After a long time, his throat is a little unbearable.

This is impossible. The provisions of the Criminal Law involve punishment and are the top priority of the law. Many of the draft clauses that have caused controversy are the majority.

Many debates arise, and the first thing that is to bear is: What crime should a father kill his son?

Since ancient times, it has been natural to kill people and repay their lives and to owe debts. Killing people means violating the law of the king. The murderer should be punished. However, if the person who kills people is the father and the person who is killed is the son, what crime should he be?

A specific analysis of the specific situation, but it cannot be written in the law text in white and black: Father kills son, and there is no guilt.

Father, son, father is the leader of the son. The father has the right to educate his son. The son must be filial to his parents. If the son does not obey discipline, the father has the right to punish the son, beating or scolding him.

However, what if the father accidentally beats his son to death during the punishment process?

Is this so-called "carelessness" accident or intentional? How to distinguish it?

If it is intentional, then if the son does everything evil, or harms the village, or is disobedient and unfilial, the father will try his best to dissuade him and kill his relatives for justice, is this intentional murder right or wrong?

If this behavior is right, then how do you define the son's behavior as disobedient and unfilial? Could it be that the father said disobedient and unfilial, and then the son is really disobedient and unfilial?

For example, if a son is rich and ten steadily, the old father asked him to use five steadily to help his brothers, but his son only wanted to get four steadily. Is this considered disobedience and unfilial?

For example, in the cold winter, my father wanted to eat fresh carp and asked his son to find a way to get it. But his son couldn't do it. Is this considered disobedience and unfilial?

For example, the two brothers, Dalang owes huge debts, and his father makes the decision and asks Erlang, who is doing business, to pay off the debt. Erlang is unwilling to do so. Is this considered disobedience and unfilial?

When Master Yin Shi thought of this, he felt a headache. He took out a small glass bottle from the drawer, poured out some "cooling oil" from it, and applied it to his temple to refresh his mind.

In the "Da Zhou Law", there is no separate charge of "father killing son". The similar charge is "discord" among the "ten evils".

Discord refers to murdering or betraying relatives above the sacred mahjong, beating or accusing husband, and elders above the sacred elders above the sacred elders and relatives below the sacred elders.

Huma, great merit, and small merit are nouns in uniform. Uniform means that the relatives of the deceased wear different arithmetic mourning system according to their relatives' closeness and esteeism and esteeism with their blood relationship.

Because the uniform system is divided into "destroy", "Qihuang", "Dagong", "smallgong", "Littlegong", and "Liangma", which is also known as "Five Couples", which indicates the closeness and distant relationship between relatives. According to the provisions of the "Da Zhou Law" on "disharmony", the crime of father killing son is similar to disharmony.

However, in the actual ruling, once a case of father killing his son occurs, it is mostly accidental, that is, when the father teaches his son a lesson, he accidentally beats his son to death or is seriously injured and ends.

This situation is basically caused by lightness. As for how to deal with it as appropriate, it mainly depends on the local officials' judgment and the review of the Ministry of Justice.

If the son is really unreasonable, the father wants to destroy his relatives for justice. He usually summons his clan members in the ancestral hall, states the crimes of unfilial sons in front of the cemetery tablets, and then executes them.

This is a lynching, and the court does not recommend it.

The practice advocated by the court was that the father would send the unfilial son to the government, and to state the crimes of the unfilial son, and let the government make a judgment according to the law, and beat him if he should be beaten and kill him if he should be killed.

However, this practice conflicts with the provisions of "hiding relatives" (relatives should conceal each other's guilt, not reporting or testifying), and it is actually difficult for anyone to "destroy relatives for justice."

Therefore, it is difficult to explain the crime of killing a son and how to deal with it in the law. If a local official encounters it, it will be very troublesome.

The Ministry of Justice will also have a headache because the sentencing is severe (the sentence reduction is lighter), and the Qing Dynasty's proposal is in an uproar; if the sentencing is too light, it is suspected of being abused.

Thinking of this, Master Yinshi applied cooling oil to his temples again.

When autumn began, a murder occurred in Yangzhou. When the merchant Jiang Yili went home to visit his relatives, he had an argument with his father Jiang Wannian. During the dispute, Jiang Yili spoke rudely and angered his father, so that Jiang Wannian accidentally beat his son to death.

This is a typical father-son killing incident. First, the father-son disputes, and then the son disobeys and speaks rudely, which leads the father to lose his mind in anger and accidentally beat his son to death.

However, after careful investigation, the Yangzhou government found that things were not that simple.

Jiang Yili gave birth to a maid and was never favored by his father Jiang Wannian. Several legitimate and illegitimate brothers looked down on this maid and gave birth to a maid. Jiang Yili had a very low status in the family.

Fortunately, there is no way out. Yangzhou's industry and commerce are developing rapidly. Jiang Yili started as an apprentice and slowly saved up his wealth. Then he did his own business. The business became bigger and bigger. Although he did not become a wealthy businessman, he also had a good business business.

Jiang Yili made his mark through his own efforts, marrying a wife and having children. His wife and brother Huang Sanlang was quite capable, and his uncle worked together to manage the business in a prosperous manner. At this time, his father and brother came to him.

Then there were many quarrels between father and son and brother.

According to the confession of the shopkeeper, the clerk, Jiang's wife and his wife's brother, one fact can be summarized: Jiang Yili's father, Jiang Wannian, asked Jiang Yili to help pay back the debts at home, and asked Jiang Yili to ask his brother to help manage the business, and even squeezed his wife's brother away.

Jiang Yili knew that his father and brother had bad motives and refused to do so. As a result, he had many fierce quarrels with his father in public or semi-public occasions.

Jiang Wannian blurted out: "You must be beaten to death, your evil son!"

On that day, Jiang Yili died unexpectedly after returning home. His wife and his brother-in-law Huang Sanlang felt that it was the father and son of the Jiang family who deliberately killed someone, and then used the excuse of "the son was unfilial and his father was beaten to death by accident" to avoid the crime of murder.

As a result, the Huang brothers and sisters broke out in a fierce conflict with the Jiang family who came to take over the business. The Jiang family had a lot of power, but there were many relatives of the Huang family. Both sides refused to give in and almost caused an armed fight several times.

The Huang brothers and sisters also went to the front of the official office to beat drums and complained about the injustice. Jiang Yili's widow Huang knelt in front of the official office with his youngest son in his arms, crying to beg his parents to be fair.

The Jiang family also went to the official office to beat drums and complained about justice, asking their parents to preside over the presidency, and demanding that the evildoers who occupied the Jiang family's business (Jiang Yili Commercial Bank) be punished.

This incident was a big deal. Through the spread of newspapers, it caused a lot of discussion in Huainan and Jiangnan, and also made the Yangzhou government in a dilemma.

Regarding the confessions of the Huang brothers and sisters, the shopkeepers and clerks of the shopkeepers of the merchants, and the neighbors of the Jiang family, they said that Jiang Yili was indeed humiliated at home and was not favored by his father. This can be judged that Jiang Wannian did have a motive for murder.

However, no one came out to testify what happened in the Jiang family that day, and the government could not let the Jiang family go to court for inquiries because this did not comply with the "dear kiss and hide each other" regulations.

Jiang Wannian insisted that he was angry and accidentally beat his son Jiang Yili to death. The Jiang brothers, family members, and servants who were present or nearby would not come out to prove anything.

The government cannot obtain the crucial certification and there is no decent physical evidence, so it is impossible to determine whether Jiang Wannian killed his son by mistake or intentionally murdered someone.

The case is in a stalemate. The Yangzhou government is not a person inside and outside, and the matter is caused by the Ministry of Justice, which is also a headache.

Even if Jiang Wannian had a motive for murder, no one could give him a charge of intentional killing his son. If he was convicted of murdering someone inadvertently and had a son unfilial, the government would not give him a significant reduction in sentence if Jiang Wannian was not given a significant reduction in sentence.

However, if Jiang Yili's wife is killed by accident and sentenced to a large reduction in sentence, he will not let it go.

Because of this case, many merchants who started their own businesses with illegitimate sons were worried. Most of these merchants were from Jingxiang, Shannan, and from Han Dynasty. Most of them were from relatives, friends and old friends in the court. If they were "moved", they would be of great power.

So, what crime should a father kill his son?

Is it intentional murder? Or is it a casual death?

If it is intentional murder, where is the evidence? If you hide from each other, how can you find the truth about the matter from such family disputes?

Even if the truth is discovered, what crime should a father kill his son (deliberate or accidental) be?

In this regard, there are corresponding clauses in the draft "Mingde Law" "Criminal Law". It is these clauses that have caused heated debates between the court and the country. As the Minister of Justice, Yin Shishi Master, now he is like a lamb leg that is being erected on a stove and barbecued on a fire.

The taste is really hard to describe.

Thinking of this, Master Yinshi applied cooling oil to his temples, and he complained deeply.
Chapter completed!