Chapter 137 Justice

In addition, in terms of the Criminal Department, at the beginning of the founding of the Dazhong Dynasty, because Xiao Tianjian did not find a suitable candidate, the post of the Secretary of the Criminal Department was temporarily vacant, but this aspect of the matter did not stagnate, he appointed Sun Chuanting, who had been captured before, as the squire of the Criminal Department, and temporarily led the affairs of the Criminal Department, because the Dazhong Dynasty was newly established and had not yet promulgated the laws of the Dazhong Dynasty, so the Dazhong Dynasty continued to be punished based on the Daming Law of the previous Dynasty within the jurisdiction of the Dazhong Dynasty.

This is acceptable for Xiao Tianjian when he didn't have time to pay attention to this matter before, but now that the north has been temporarily pacified, and the Ming Dynasty has essentially fallen, so the Dazhong Dynasty, as a new dynasty, still uses the laws of the previous dynasty, which is unacceptable to him after he has time to return to Nanjing City.

Therefore, as soon as Xiao Tianjian returned to Nanjing, he ordered the officials of the Criminal Department to gather a group of people who were familiar with the law and devote themselves to the compilation and revision of the laws of the new dynasty.

This Dazhong Law has been submitted to Xiao Tianjian, Xiao Tianjian carefully watched it, put forward some amendments, although this Dazhong Law, than the previous Daming Law is more detailed and practical, but far less detailed than the law of later generations, and there is no distinction between criminal law and civil law, but in this era, in a hurry, it is unrealistic to follow the example of later generations to promulgate a series of codes.

Therefore, considering that many things can be implemented gradually, Xiao Tianjian still approved this Dazhong Law a year ago, issued an order to start printing and publishing, and issued a year after the year to various ministries and local governments to officials to familiarize themselves with and put forward opinions for final revision, and decided to officially use it in March after the year, abandoning the previous use of the Daming Law.

Considering that the time is in a hurry, there must be many imperfections in it, so when Xiao Tianjian Zhu criticized, he deliberately added the word "temporary" to this Dazhong law, and after the implementation and use, the deficiencies were found, and then revised in the future and gradually improved.

Moreover, Xiao Tianjian also issued an order that after distributing this Dazhong law to various places, people will copy it into a notice, post it in a selected place, publicize it to all the people, and send people to preach it every day, so that the people can also have a preliminary understanding of this law before implementing this law, and use it to regulate personal behavior.

In addition, Xiao Tianjian believes that in ancient times, the power of local administrative officials was too concentrated, their responsibilities were not clear, and all civil affairs were grasped, although there were auxiliary personnel such as the chief officer, the county officer, the head catcher, and the official servant, but the power in the judiciary was also too concentrated, and many officials, although they were hired through the scientific examination, but with the imperial examination implemented in the Ming Dynasty, the scope of what the scholars learned was very narrow, and many officials did not understand the law at all, and presided over some criminal matters, and it was easy to have unjust, false and wrongful cases, and it was still one person who had the final say, and it was also easy to breed corruption and corruption.

Therefore, Xiao Tianjian believes that the administrative power should not be too centralized, the judicial power should be relatively independent, and the judicial power should not be too centralized, and it is necessary to decentralize the power and establish a mechanism similar to that of the police, prosecutors, and judges in later generations.

And there is a more important reason, that is, now that many places in the Great and Central Korea have been pacified, although Xiao Tianjian has been very careful not to let the military interfere too much in local government affairs, but in the chaotic situation, the military must first use force to pacify the localities, and then hand over power to administrative officials, once the local situation has calmed down, the military can no longer interfere in local government affairs.

Now that the situation in various localities that have been controlled by the Great China and the DPRK is gradually calming down, it is no longer possible to rely on the military to arrest thieves or civil disputes in the localities, so there must be a strong department in the localities to accomplish these things, otherwise the local administrative officials will have to rely on the army, which will be very unfavorable to the future ruling of the country, and it is also easy for some military officers to interfere in local political affairs.

In ancient times, for local security, in the Ming Dynasty, it was mainly the heads of the prefectures and counties that were caught and arrested to exercise such powers, so after Xiao Tianjian and the ministers discussed, it was decided to restore the local armed forces in some states and counties where the situation had stabilized, so as to take over the power temporarily exercised by the military.

In the Ming Dynasty, the prefectures and counties all had catchers to lead some catchers to do this kind of thing, but these people did not pay wages to the imperial court, and there were only ten taels of "food and silver" every year, and these people could only find their own ways to solve their lives.

Xiao Tianjian would definitely not do it if he restored such a system, so after thinking about it, considering that the police was the title of the later generations, he decided to set a new name, so the Dazhong Detective Room, which is similar to the police station in the later generations, was newly released.

As the name suggests, detective is to investigate all kinds of cases, and arrest is responsible for arresting criminals, which basically summarizes their responsibilities, (I don't want to make the name of the detective team, the reputation of the detective team in the Republic of China period is too stinky!) In this way, together with the previous state and county work, they are also included in the detection room, and the expenses of these people are all borne by the state finance, and each person has a monthly salary to receive, so that they can use their salary to support their families, and they do not have to rely on extortion and bribery to make a living, and their behavior can be controlled to a certain extent, although on the surface the burden of the state has increased a lot, but in essence, it is still a great benefit to the state.

At the same time, the launch of this initiative, but also let the most grassroots officials happy, the Ming Dynasty officials are not high, the salary is sent to the county officials, the main book, the county level, the officials have to pay out of their own pockets, to support a team of subordinates, originally the Ming Dynasty officials in the past dynasties in the thinnest, the officials have to support their own subordinates, in addition to supporting their families, but also want to live a decent life, so the officials do not want to find a way to make money, it is really hell! So it was very difficult to be a Qing official in the Ming Dynasty, and Hai Rui is said to have almost starved his wife to death when he was an official! It can be seen that such a system is not suitable.

Therefore, in order to live, the officials of the Ming Dynasty could only find ways to collect money through various means, so the magistrates introduced various unspoken rules in a variety of ways, such as the notorious folded silver, drenched and kicked, and other means appeared one after another, so that the common people hated it.

At the beginning, Zhu Yuanzhang also hated corrupt officials and corrupt officials, and took extremely harsh measures to punish corrupt officials, even peeling the skin and grass, but the corrupt officials couldn't kill them endlessly, cutting leeks and cutting stubble after stubble, and the corrupt officials also went forward and continued to do it! This is also an important reason.

Grass-roots officials can collect money through all kinds of real power, senior officials are naturally not to be outdone, reach out everywhere, to the end of the Ming Dynasty Chongzhen years, after the power of Jinyiwei and Dongchang was weakened, the officials were even more unscrupulous, the beginning of the court was not unable to allocate food, but the household allocated the food, after the officials and generals after the layers of exploitation, to the hands of the soldiers, there is not much left, which is also the Ming army's combat effectiveness is not strong, in addition to a large number of Ming troops simply rebelled directly one of the reasons.

Since the Dazhong Dynasty was newly established, this aspect of the matter can no longer repeat the mistakes of the Ming Dynasty, so although Xiao Tianjian is not rich, but for the officials and generals, but they are not stingy, the salaries set by officials at all levels are quite high, and reduce the rank gap between officials, so that the officials can rely on the salaries they receive, enough to support their families and live a more decent life.

Although a high salary is not necessarily the ultimate way to control the greed of officials, to a certain extent, it also makes officials with a little conscience no longer like before.

Xiao Tianjian's idea is very clear, Lao Tzu will give you money to spend, so that you can have money to spend, and you can live well, but if you officials dare to stretch out your hand, then I'm sorry, when Lao Tzu kills you again, you don't need to be polite!

This is also a disguised increase in the cost of crime for officials, since in the case of a guaranteed life, they have to think about it first, once they are caught, it is worth it for them to rob their homes and ask whether it is worth it! To put it bluntly, the Supervisory Yuan is similar to the Independent Commission Against Corruption in Hong Kong in later generations, which specializes in cleaning up those unscrupulous officials, and in addition to the implementation of an independent judicial system in the future, Xiao Tianjian believes that through various means, it is still possible to control the problem of official corruption.

In addition, Xiao Tianjian also issued an order to reprint a large number of forensic monographs written by Song Ci, a forensic expert in the Song Dynasty, "Records of Clearing Grievances" and distributed them to the place for the personnel of the investigation room at all levels and for study.

The problem of the police is solved, then the next step is the problem of prosecutors and judges, this point Xiao Tianjian decided to reform from top to bottom, similar to the court, in ancient times, Dali Temple is actually equivalent to the highest court of the country, so Xiao Tianjian is now in Dali Temple, so that Dali Temple will be in charge of the trial in the future, called Dali Temple, in essence, it is the office of the court in later generations, and the personnel are also filled by people who are familiar with the law, with independent powers and powers, not interfered with by anyone, and are only responsible to the emperor in name, With completely independent judicial powers, officials at all levels of the province are prone to interfering in the adjudication of cases.

Moreover, Xiao Tianjian decided to set up Dali Temple at the local prefectural level first, and then spread it to the state and county level after the conditions are good in the future.

At this time, the court system was also established, and then Xiao Tianjian set up a prison system under the Criminal Department, which has a long history, that is, it is in charge of prisons, so it is not a new creation, but it is necessary to establish a special prison in the future for criminals to serve their sentences.

The person who committed the crime, the one who should be killed, the person who committed the most heinous crime, was still sentenced to Ling Chi, in this era, this kind of torture is still necessary, after all, no one has raised the human rights thing yet, Xiao Tianjian also thinks that some bastard things are not relieved of hatred after scraping, so he did not abolish Ling Chi's punishment! In addition, if the death penalty is imposed, it can also be beheaded, and if the responsibility is less serious, it can also be sentenced to hanging.

For those criminals whose crimes do not lead to death, they are sentenced to live punishment, and among the living punishments, they are divided into prison sentences and corporal punishments, and corporal punishments.

Xiao Tianjian admired the whipping in Singapore in later generations, and believed that through such whipping, some people who made mistakes could also be punished, so that they could experience the horror of crime, and they would not dare to commit it again easily in the future, but cutting off their noses and ears would be too cruel, so he replaced these maiming tortures with whipping.

The sentence is easy to say, Xiao Tianjian decided to improve the original prison sentence, set up prisons similar to those in later generations, and let the sentenced prisoners enter the prison to serve their sentences, so that the criminals can be concentrated to serve as free labor, and they can be concentrated to do some work, such as repairing river embankments, building roads, cultivating farms, mining and other things funded by the state, and letting these criminals do it, it is still more appropriate! The province has to spend money to feed them, and the labor force must be fully utilized.

However, Xiao Tianjian did not completely cancel the exile sentence, because he had other plans, in the future, the Great China and the DPRK will definitely open up the territory, which he firmly believes, and the territory to be opened up in the future will definitely have relatively poor living conditions, just by encouraging the Han people to immigrate, it is very difficult in the early stage, so some prisoners can be sentenced to exile, and they will be sent to remote places in advance to be responsible for developing and building infrastructure, and when the basic conditions of the remote places are good, a large number of immigrants will be encouraged, and these people sentenced to exile, after the completion of their sentences, They should be resettled on the spot, and they should not return to their places of origin, so that they can become aborigines in remote areas, so as to strengthen the control of the central government over remote areas.

Therefore, after this adjustment, the power of the criminal department was greatly expanded, and the trial power of local administrative officials was also incorporated into the independent judicial system jointly constructed by the three powerful departments of the investigation room, the Dali Temple and the prison, so as to lay the foundation for the long-term peace and stability of the Dazhong Dynasty in the future.

Originally, Xiao Tianjian also wanted to immediately launch the system of prosecutors, but considering that the implementation of this matter is not yet mature, prosecutors are completely new affairs, even in the West, it is a long time before there is such a system, so after thinking about it again, Xiao Tianjian has not implemented the prosecutor system for the time being, but this does not mean that it will not be implemented in the future, anyway, in the future, he will set up a judicial college to train these judicial talents, and when the conditions are ripe, it is not too late to implement it! In short, he had one idea, that is, in the future, the DPRK must gradually change from a society ruled by man to a society ruled by law, so as to ensure the country's long-term peace and stability.