Chapter 1149: The Dignity of the Law
The law of the Ming Dynasty is very good, the status of the Ming Law in history is not low, and it has epoch-making significance in the history of the legal system, but this glorious Ming Law, since it was formulated, has not been able to be well respected, and has become a personal tool of the emperor.
Su Tiancheng knew that the purpose of the ruler to formulate the law was to maintain social order and punish crimes, and secondly, to maintain his own dominance, using the law to eliminate potential opponents, restricting all the words and deeds of opponents, and making his own dominance more solid and reasonable.
But Su Tiancheng's understanding is different, the dignity of the law must be maintained, the law is promulgated and implemented by the state, forcibly promoted, the enforcement department can only be a special organ, the implementation of the law must have enough dignity, no one can violate it at will, if the duties of the Metropolitan Procuratorate, the focus is on officials at all levels, then the law is aimed at all the people, including the illegal and criminal activities of officials, are to be dealt with seriously, this point, the ancients have long had a good explanation, Qin State's Shang Tang, The implementation of the idea that the prince is guilty of the same crime as the common people when he violates the law is caused by an extraordinary shock, and it is also the basis for quickly helping the Qin State become rich and strong and dominate the world.
Su Tiancheng will never set up any institutions such as Jinyiwei, East Factory and West Factory, nor will he set up any eunuchs, what he needs is to use the system to manage the world, only in this way can the Central Plains land truly lead the whole world.
To do all this, self-discipline is required, such as Su Tiancheng himself. He won't set up any palaces, nor will he ask for any three palaces, six courtyards, seventy-two concubines, etc., his wife is currently these, it is enough, and he doesn't need much space, it's not a big courtyard. It is completely able to live, and the iron needs to be hard, which is also oneself, if you take the lead, not luxurious, and do not set up any palace, what else can the officials below say. Su Tiancheng maintains his own rule, he doesn't need any natural divine power, and he doesn't need to be overly mystical about himself.
The law of the Ming Dynasty is implemented. There are too many problems, the first of all, that is, there is no special legal institution, Fuzhou and county are all prefects, governors and counties serve as judges, they are not only responsible for people's livelihood matters, but also responsible for legal issues, because there is no indicator of economic development, so the officials of Fuzhou and counties. The focus is on money and food and prison breaks, just imagine a scholar who relies on the imperial examination to become an official. If you don't read the laws of the Ming Dynasty and are not fully familiar with the law, you will serve as a judge, decide the disputes between the people, and judge the life and death of the people, is this too child's play.
Su Tiancheng wants to change all this. The legal institution in his mind, independent of the government, became a separate set of institutions, this body was responsible for adjudicating matters, and this body was not under the influence of the government. Independently adjudicate cases in accordance with the Da Ming Law.
Su Tiancheng's thinking is quite in line with the idea of separation of powers, but it is not exactly the same, the executive power, legislative power and judicial power cannot be completely separated, all the power is in the hands of Su Tiancheng, which is also clear according to the current actual situation, maybe a few years later, the real separation of powers will come, but not now.
Of course, Su Tiancheng has long thought about the ideal person who implements the rule of law, that is, Zhang Pu and Wu Weiye.
There is a specialization in the art industry, and to engage in legal work, there must be a certain amount of professional knowledge, which is by no means as simple as ordinary people understand, but in today's period, there are not many people who specialize in this aspect of research, even if it is the criminal department and the officials of Dali Temple in the imperial court, they are not necessarily very professional, because these departments are completely in accordance with the holy decree to do things, plus there is the interference of Jinyiwei and Dongchang, and they are helpless to distort the law at will.
In Su Tiancheng's heart, the Metropolitan Procuratorate and Dali Temple are almost independent of government departments, and do not accept the direct leadership of the government at the local level, and belong to a side system and vertical management, but the Metropolitan Procuratorate belongs to the direct management of Su Tiancheng and is directly responsible to Su Tiancheng, and the Criminal Department and Dali Temple are directly responsible to the cabinet.
The legal department needs to be popularized, and it must not be mysterious, although the people's understanding has not risen to that height, they still agree with the Qingtian Lord in their hearts, but this concept must be reversed from now on, Su Tiancheng believes that as long as he persists, after decades or even hundreds of years, the people's understanding will definitely change fundamentally, and they will believe in the law and rely on the law to protect their own rights and interests.
This is a long process, and it is not something that can be achieved overnight.
When Zhang Pu and Wu Weiye entered the wing, the two were still discussing the setting of officials and the matter of Yu Lu, the discussion of this matter caused a lot of controversy, everyone has different opinions, and they all have their own reasons, it is difficult to form a unified opinion for a while, and it is in this discussion that everyone's understanding is changing slightly, and they really feel that Su Tiancheng's thinking is indeed different from ordinary people, which is far from being comparable to Emperor Chongzhen in the capital.
After the two of them stood respectfully in front of them, Su Tiancheng was not verbose and got straight to the point.
"Lord Zhang, Lord Wu, I consider letting you preside over the affairs of the Criminal Department and Dali Temple."
Zhang Pu and Wu Weiye were surprised, this is normal, in the imperial court, the Criminal Department and Dali Temple are indeed important, but in comparison, the Ministry of Officials, the Ministry of Households, and even the Ministry of Rites have a higher status, not to mention the cabinet, of course, Su Tiancheng is so arranged, the two of them will not say anything.
Su Tiancheng didn't wait for Zhang Pu and Wu Weiye to speak, and continued to speak.
"There is a point of view, you all know, that is, the prince violates the law and the common people are guilty of the same crime, this point of view, almost no one mentions it, that is also because the officials and scholars have special powers, the "Book of Rites" has been recorded above, the etiquette is not under the scholars, the punishment is not the doctor, so the officials and the scholar class, always feel high, all dynasties, there are iron coupons to avoid death, representing a special honor, but also showing an unusual status."
Zhang Pu and Wu Weiye's faces changed slightly, and they felt an unusual meaning from Su Tiancheng's words.
"For the "Book of Rites" in the courtesy of the scholars, the punishment of the doctor's requirements, I firmly disagree, so to give officials and scholars the privileges, put the cart before the horse, officials and scholars are scholars, should be clear about the dignity of the law, more need to maintain the dignity of the law, just imagine, after the emperor's relatives killed, you can not take responsibility, insult the people at will, but because of the special identity, will not be investigated, in the long run, what dignity of the law, how will the people treat the government and officials, What kind of ideas will scholars have, isn't this to everyone in the world know the Tao, after studying to gain fame, you can do whatever you want, even if you break the law, you can be protected, not responsible, such a view is rampant, how can our government really do things for the people, how can our officials really take the interests of the people to heart. ”
In the process of hearing and investigating cases, no matter who you meet, you must boldly handle it, you must adhere to the principles, you must eliminate all resistance, and insist on implementing the provisions of the law."
"To really do this, the difficulty is not small, so I consider letting you preside over the affairs of the Criminal Department and Dali Temple, you will definitely feel embarrassed, but we have already considered some things for you, the first aspect of the matter, Fuzhou County and even the provinces, all matters engaged in the trial and investigation of cases, all are independent, do not accept the leadership of the provincial government, county yamen, independently handle and investigate cases, in principle, accept the leadership of the superiors, your power can be directly inserted into the county, but you also have to remember, This kind of meddling is not arbitrary, all cases with conclusive evidence, you can not change the verdict at will, you must respect the law, respect the judgment, the second aspect of the matter, the criminal department, Dali Temple, and even Fuzhou County engaged in the investigation and judgment of officials, set up separately, must go through special training, must be familiar with the law, must not be careless of human life, otherwise they will have to bear the extraordinary punishment, these people must be familiar with the law, familiar with the Ming law, everything in accordance with the requirements of the Ming law to review and investigate the case, The third aspect is that I plan to set up a special school to conduct professional training in relevant laws, and those who can enter this school to study must be scholars, and after studying, they must engage in specialized legal work, that is, they must handle cases impartially......"
Zhang Pu and Wu Weiye were dumbfounded, they listened to Su Tiancheng say this, and felt a little incredible, in fact, the biggest problem in the fair implementation of the law is still in the emperor himself, many times, it is because of the emperor's own privileges, which makes it difficult to implement the law, and to a certain extent, the law is to safeguard the interests of the ruling class, Su Tiancheng's approach, isn't it not in accordance with this principle.
Just when the two of them had not fully understood, Su Tiancheng spoke again.
"In order to fulfill the requirements of the prince who are guilty of the same crime as the common people, I must first respect the law, you can rest assured, I will not reward you officials with any privileges, no matter who you are, you must do things within the requirements of the law, including myself, I can not be an exception, and only by doing this, can we truly ensure the dignity of the law, and let you really do things according to the requirements of the law."
"Of course, the requirements for you are also clear, you must be familiar with the law, from now on, you will specialize in studying the law, there are some places in the Ming Law, I am afraid that the necessary changes need to be made, this is also your responsibility." (To be continued......)