Chapter 1028 Professionalism

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In the "Instructions for Arrival" written by Zhu Yuanzhang, Taizu of the Ming Dynasty, for the newly appointed officials, it is stipulated that the first task of the new officials is to find out "how many gods are worshipped?" And worship heaven and earth, and pray for good weather for the local people.

The so-called major events of the country are enshrined in Rong. The second sacrifice of the spring prayer and autumn report has always been regarded as a top priority, and it is understandable that this task should be placed at the top of the list.

The second task of the new official is to inspect and comfort the orphans and elderly in the nursing home. Dynasties mostly governed the country with filial piety, so after worshipping heaven and earth, they should comfort the elderly, which is also in line with the concept of governing the country in the past dynasties.

It is worth mentioning that Zhu Yuanzhang stipulated that the third task of the new official after his arrival was to inspect the prison inmates.

In other words, the matter of judicial prison is put at the forefront of all government affairs.

In Zhu Yuanzhang's view, the death and life of the prisoner are really a serious matter, so the time to report to the gods must be known. How many of the proposed prison discussions have been completed in this yamen? See several? If the discussion has been completed, even if it is a matter of former officials, it is advisable to deliberate and decide in detail, and it is especially appropriate to be attentive when the person who asks the question arrives. In the middle, you must know that the ban is close and the weight is light. What is the proof of the facts? What is in doubt? Those who understand must be summarized, and those who are involved in doubt should be examined in detail, so that the matter will be settled and not wronged.

Life is priceless, and once a person is wrongly convicted of life and death, no amount of material compensation can make up for it.

Zhu Yuanzhang, a peasant-born emperor, was very aware of the importance of prison, and the idea of putting the people first was deeply rooted in Zhu Wanzhang's mind.

It is undeniable that Zhu Yuanzhang was very ruthless, and during his reign, he almost slaughtered all the high-ranking officials and dignitaries in the court, but he was really good to the lower-class people, better than any previous emperor.

It's just that due to the limitations of the times, although he attaches great importance to judicial prisons, the solution he comes up with is still to treat the symptoms rather than the root cause.

No matter how much he attaches importance to it, the power of judicial adjudication rests in the hands of administrative officials, and administrative officials are under the jurisdiction of layers of jurisdiction. The lower levels are responsible to the higher levels, and the higher levels control the lower levels, and in the specific judicial trials, they do not have corresponding independent judicial powers, and are subject to strong administrative constraints.

For example, in order to accomplish the task of repairing water conservancy, an official can arbitrarily embezzle the people's fields and demolish the people's recipes, and do it "with great righteousness and awe-inspiring" without worrying about violating the law.

What is there to worry about, the judicial power is in their hands.

In a word. Judicial adjudication cannot be independent, and too many practical interests are involved, and no matter how much you attach importance to it, it is impossible for the judiciary to become fair and clear.

Qin Mu separated the judicial power from the administrative system, and stipulated that the higher judicial departments should not arbitrarily interfere with the judicial trial process of the lower judicial departments. The aim is to preserve the independence of the judiciary.

For this reason, he can be said to be deliberate, painstaking, and even took the initiative to limit the emperor's power.

In this regard. Yang Shen also thought about it a lot, and he said to Qin Mu: "Your Majesty, the judiciary should be independent of the executive and legislative, which is a necessary means to ensure judicial fairness. But as His Majesty said. In addition to the neutrality and independence of the judiciary, there is also professionalism.

His Majesty's previous training of judicial officials at all levels, such as hospitals, county officials, and Tongzhi, was also to ensure their professionalism. But in Chen's view, this is far from enough.

Once the judiciary is completely separated from the administrative system. Professionalism will be even more important. The judicial power is now tied to the executive power, and many things can be covered up by executive orders. Once the judiciary is separated from the executive, it can no longer be disguised by the executive power. Moreover, if the judicial department's judgment is not professional and accurate, it will immediately be questioned by officials in the executive, legislative, and supervisory systems, and it will be difficult to convince the public.

Therefore, in the absence of a professional judicial team, it is feared that the matter will backfire and be very different from the results desired by His Majesty. ”

Yang Shen's words are very easy to understand, when the judiciary and the administration are bound, judicial injustice can be covered up by administrative needs, and everyone will not feel that there is anything wrong, even if there is a violation of the law, it can also be called the needs of the country.

Once separated, you can't find any excuses for what the country needs, and if you do things according to the law, you can't infringe on the rights and interests of ordinary people at will if the country needs it, the law is the law, and it is no longer an accessory of the administration.

On the contrary, the judiciary will form a strong restraint on the executive, so the administrative system will not be able to provide "cover" for the judicial system, and will question the judiciary as much as possible, so as to eliminate the judicial restraint on the administration as much as possible.

To stand up to scrutiny, the judicial system itself needs to be professional enough to be faulty.

Qin Mu asked, "What is Yang Qing's opinion on this?" ”

Yang Shen replied with a bow: "Your Majesty, the previous forensic training, as well as the training of local judicial officials, are only temporary, and the judiciary must be independent, and there must be a team of highly professional judicial officials, so the minister thinks that a long-term mechanism must be developed to train judicial officials for a long time, and this previous surprise and temporary method cannot be used to deal passively."

Following the Foreign Affairs Academy of the Ministry of Foreign Affairs, a judicial academy has been established to train judicial personnel and to formulate a corresponding mechanism for the promotion and appointment of judicial personnel, so as to ensure the professionalism of judicial officials and their own personal qualities. ”

Qin Mu didn't think much about this, so he said: "Since this matter was raised by Yang Qing, and Yang Qing is proficient in the law and is in charge of Dali Temple, this judicial college will be handed over to Yang Qing to prepare, what is needed, I will try my best to meet Yang Qing, I hope to see that the judicial college can be run as much as possible, and can train and teach batches of outstanding judicial talents." ”

Yang Shen didn't excuse himself, and immediately got up and replied, "The minister obeys the order." ”

After Yang Shen left, Qin Mu thought alone for a long time, and now all his energy was put into this matter, which was the core of all his reforms. Without an independent and perfect judicial system, it is impossible to effectively supervise officials at all levels, and it is impossible to maintain a clear and clear government for a long time.

However, judicial independence itself is a pioneering act, which has never been seen in history, and it is really not an easy task to be placed under the political system of the monarchy, for this reason, Qin Mu felt a little haggard.

He was lying on the rocking chair, covered with a blanket, Liu Ru stood behind, gently pressed his head for him, and naturally showed a look of pity in his eyes, only she knew how much energy Qin Mu had put in for the judicial reform.

"Throughout the dynasties, there are few people who have enjoyed the country for 300 years, and as time goes by, they always fall into a cycle of prosperity and decline, decline and death, and the historical cycle of reincarnation in these hundreds of years seems to be difficult to break forever."

Qin Mu closed his eyes, as if he was muttering to himself while enjoying Liu Ruye's massage, Liu Ru listened quietly and did not interject.

"Looking at the internal causes of the collapse of the country in the past dynasties, it can be summed up as nothing more than the corruption of the rule of officials and the deformed tax system. There may be other factors, but these two factors are the main ones. If the ruler is corrupt, the traitorous minister will be in charge, and the virtuous minister will be excluded. Tax deformity restricts the country's development, distorts the social ecology, and finally leads the country to make ends meet.

Is it true that the corruption of the officials cannot be controlled? Not really. Absolute power, absolute corruption, in the past dynasties tied the judiciary and the administration together, officials were both players and referees, and the binding force of the judiciary on them was almost negligible, in this case, how could the corruption of the government be prevented.

I want to make the judicial system independent, and even the emperor can't interfere, but I hope to break this cycle of history, so that if it is not the best, it will not be worse than the original. ”

Qin Mu's voice was a little weak, but it seemed to be firming up his will, Liu Ru listened, his heart was full of emotion, and he couldn't help but call softly emotionally: "Your Majesty"

She has read the scriptures and history, and the emperor in front of her is different from all the emperors of the past dynasties, and his courage and foresight make her admire so much that she can even be said to be obsessed with it.

Judicial independence, such a shocking feat, who would have dared to think? Who dared to do that? She couldn't help it, and for the first time, she took the initiative to lean down, kiss Qin Mu's forehead, and kiss his lips (to be continued......