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In fact, time never matures. What really makes people mature is people and things.

Some people, who live to be forty or fifty years old, are still very naïve. Some people, who have experienced a lot of things in their early years, have become very mature and stable very early.

Yang Shen is about the same age as Qin Mu, and they are still very young, but after all these years of experience, both of them have a maturity and stability that is difficult for ordinary young people to achieve.

During the pre-Qin period, Ganluo worshiped the prime minister at the age of twelve, and passed on the beautiful talk through the ages. When Yang Shen visited Dali Temple, he was only in his early twenties.

Although at the beginning of the founding of the country, the civil and military officials of Great Qin were very young, Yang Shen was still particularly conspicuous in his early twenties and worshiped Jiuqing, and became an example of envy in the hearts of many scholars.

His style of doing things for people is the same as his name, discreet, very deliberate.

In the canopy hall, he made a long gesture and held the newly revised "Great Qin Law" high above the top and presented it to Qin Mu. Of course, this is only a draft of the "Great Qin Law", and it has not really been promulgated and implemented in the world.

Originally, the "Great Qin Law" should have been revised two years ago, but later Qin Mu set off a controversy about "presumption of guilt" and "presumption of innocence", which caused a sensation in the world.

Under the impetus of Qin Mu, the revision of the "Great Qin Law" has also changed from the original "presumption of guilt" to "presumption of innocence", so that many provisions need to be carefully considered and changed.

This is a very heavy work, and it needs to be scrutinized repeatedly, and Qin Mu himself is often consulted for his opinion. The fundamental purpose of the laws of the previous dynasties was to preserve the imperial power and rule.

And between the maintenance of imperial power and the protection of the people, it is inevitable that there will be conflicts, and in the current situation, the two must be taken into account, this thing is not easy to do, Yang Shen and the officials of Dali Temple can be said to be on the edge of the abyss, such as walking on thin ice.

Qin Mu asked Han Zanzhou to submit the draft of "The Law of Great Qin" and open it to read. The first of these clearly stipulates that the Great Qin Emperor is the only legitimate supreme ruler, and it is forbidden for any organization or individual to undermine the rule of the Great Qin Imperial Family.

Qin Mu looked down one by one and looked very carefully. The "Great Qin Law" is the national programmatic law, that is, the "Constitution" of the Great Qin, and there are only 388 articles in it, but under each article, there are detailed definitions and explanations.

Qin Mu finally finished reading it, overall. He was relatively satisfied, and the idea of the presumption of innocence was also well reflected in the "Great Qin Law".

"Thank you for your hard work."

"The minister doesn't dare to be hard."

"This Great Qin Law is the fundamental law of my Great Qin, once it is promulgated and implemented, it can no longer be changed at will, so we must be cautious, so let's be cautious, this draft of the Great Qin Law will be published in the Great Qin Times first, for people of insight in the world to discuss in detail, and then synthesize the views of various families. Finally, the finalization will be revised and then promulgated and implemented. ”

"Obey."

Qin Mu thought for a while and said, "Some of the terms, you change them again, what I mean is that the emperor is the supreme ruler of Great Qin. Beyond the law, but at the same time without interfering with the normal administration of justice in the state.

The Chancellor accepted the appointment of the Emperor, but the Chancellor had no superior except the Law. The law is his supreme superior. The Emperor could remove the Grand Court from office, but he could not change the ruling of the Chief Justice. ”

If it was in the previous dynasties, the emperor said such things. It must have shocked the world, but in fact, since the middle of the Ming Dynasty, an idea of limiting the power of the monarch has emerged and has been recognized by many people.

For example, Qian Yiyi proposed to "break the norm and elect the world".

Wang Fuzhi's idea of hypocrisy and constitutionalism "If there is a Son of Heaven and there is none, then there is no Son of Heaven and if there is, although the Lord is young, all the people who are in favor of governance, and the evil use of the name of standard auxiliary government to doubt the world?" "Predetermined the rules of the world, put the Son of Heaven in the place where there is nothing, and rule the world with humility and quietness, then do not rely on the nobles and old ministers to assist them", "Judge each other by law, and control each other with righteousness,...... Since the beginning of the Son of Heaven, the world has been subject to its judgment. The gentleman is upright and the villain is safe, and there is a king, so it can't be easy. ”

Whether it is the Qian Yiyi electoral system or the idea of Wang Fuzhi's constitutional monarchy, it is not accidental.

In fact, after the middle of the Ming Dynasty, the relationship between the emperor and his ministers was often rather stiff, which can be regarded as a struggle between the two ideas of "monarchy" and "constitutional monarchy", and it was the idea of "constitutional monarchy" that gradually gained the upper hand.

Since Ming Wuzong, many emperors have been forced to live in seclusion by ministers, and the government is actually mostly in the hands of ministers.

The "History of the Ming Dynasty" revised by the Qing Dynasty blackened the Ming emperors to the point of being useless, saying that they "did not do their jobs". In fact, the situation is not that the emperor of the Ming Dynasty did not want to "do the right thing", but after the middle of the Ming Dynasty, the ministers were too strong, and they would often unite to refute the emperor's will, which made the emperor very faceless and helpless, so he simply hid in the deep palace to see what to see.

The emperor's appointment of eunuchs to deal with ministers was actually the product of the ideological struggle between "monarchy" and "constitutional monarchy". The emperors of the Qing Dynasty enslaved their ministers, not because they were afraid of the constraints of the "constitutional monarchy" on imperial power.

Now Qin Mu took the initiative to hand over the judicial power, which was in line with the minister's wishes.

In this regard, Qin Mu is not worried about anything, the nature of justice is a pure legal role, not a political role.

The emperors of previous dynasties rarely directly intervened in judicial trials, and it was rare for the emperor to sit directly in the yamen to try cases.

The surrender of judicial power would not fundamentally shake the foundation of the emperor's rule.

Qin Mu's words above are to ensure the independence of judicial trials, and this is also one of the lifeblood of judicial fairness, and Yang Shen is deeply touched by this.

He said: "Your Majesty, throughout history, the government and the opposition have always paid attention to human relations, and the influence of human relations on the judiciary cannot be ignored. In addition, the judicial adjudication departments of all dynasties were actually equivalent to the subordinate organs of the administrative departments, and the Tang and Song dynasties had jurisdiction over the judicial departments, which caused the phenomenon that power was greater than the law.

It is an indisputable fact that the higher the status of the officials in the imperial court, the greater the influence on the judicial trial, and it is an unprecedented move to make the judiciary independent of the executive. ”

Qin Mu said: "I have a number in my heart, everything is difficult to start, but no matter how difficult it is, someone has to start, whether the judiciary is clear or not is directly related to the blessings of the people in the world and the prestige of the court in the eyes of the people."

Song Zhibao Zhengzhi's place has been praised and admired for generations, precisely because there are too few such people. In the past, the justice of each dynasty depended entirely on the integrity of officials, and the binding force of the law on them was very limited, and this situation must be changed. For change to happen, the independence of the judiciary is essential.

By judicial independence, I mean not only to ensure that the judicial departments are independent of the parties externally, but also internally. Internal independence consists of two aspects. First, there is a relationship of supervision and guidance between the judicial departments at the upper and lower levels, rather than a relationship between the leader and the led, so as to maintain the independence of the judicial level.

Therefore, a higher-level judicial department cannot interfere with the normal adjudication work of a lower-level judicial department when the lower-level judicial department has not concluded the trial of a case under its jurisdiction, unless a new problem arises in the application of law, and the lower-level judicial department submits a request to the highest judicial department for instructions one by one, and the reply of the highest judicial department to the request for instructions becomes a new judicial interpretation.

In short, it is absolutely forbidden for the higher judicial department to interfere with the adjudication activities of the lower court at any time, and only when the parties file an appeal can the higher court make a decision to change or uphold the decision of the lower court. ”

Yang Shen is proficient in the law, and he knows the meaning of the song when he hears the strings, and the emperor's words are to put an end to the interference of high-ranking officials and dignitaries in the judiciary.

If the emperor's method is followed, then the judiciary at all levels can hear cases independently, without fear of interference and pressure from above.

For example, if a county is adjudicating a case, before the case is concluded, let alone administrative officials, even the most judicial department that also belongs to the judicial system, cannot interfere with it. When the county is trying the case, it is completely independent.

At present, the judicial power of Daqin has been basically separated from the administrative system and handed over to deputy officials such as county officials and Tongzhi. It can be said that the emperor is perfecting his ideas step by step according to his will.

Listening to Qin Mu's words, Yang Shen couldn't help but say sincerely: "My Emperor Shengming. ”

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(To be continued......)