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Regarding judicial reform, Qin Mu put forward several reform requirements of neutrality, independence, professionalism, unity, and openness, which seems simple, but in fact it is difficult to achieve.

In the dynasties after the pre-Qin period, power is greater than the law, and the greater the power in the hands of whoever has it, the less binding the law will be on it, and in turn the stronger their ability to manipulate the law.

The so-called punishment is not as good as the doctor, and it is not only the emperor who is free from the constraints of the law, but also the phenomenon of high-ranking officials and nobles bullying men and women in all dynasties and dominating women and mutilating the people at will is not uncommon, and several of them have been punished by the law.

Even if they are punished, they are mostly punished for political purposes, not simply because they have broken the law.

Against this backdrop, how easy is it to establish judicial neutrality and independence?

The so-called judicial neutrality, if the judge is compared to the referee, the neutrality of the judicial power requires: the judge can not run all over the court like some ball referees, the referee who runs all over the court is difficult to be in a neutral position, and the referee who is not in a neutral position is easy to make wrong judgments, which is also one of the main reasons why the fairness and accuracy of the judgment results of some ball referees are often easy to arouse doubts.

The volleyball referee is different, he stands outside the court, standing in the middle of the court and above the net, and the player may not be aware of it when he touches the net or hits the ball over the net, but the referee in the center can see it, and the result of the penalty is rarely questioned.

Therefore, the judge should be like a volleyball referee in the middle of the referee, treat the original defendant and the prosecution and defense impartially and fairly, and strive to make accurate judgments without being restricted by their positions.

If the referee is not neutral, the impartiality of the decision will be questioned.

In the Pujia Palace, Qin Mu frowned and pondered, judicial reform is actually the core content of his series of reforms, if there is no perfect judicial system as support and supervision, other reforms are only palliative.

In order to promote judicial reform, it is absolutely not a simple dismemberment and dismantling of the criminal department or the departments involved in the judiciary. It's a grand and cumbersome hierarchical design.

For example, on the article of judicial neutrality, Liu Ru put forward his own different views.

Outside the Pujia Palace, the west wind gradually tightened, blowing over the high cornices, making a whirring sound, the hall is covered with geothermal heat, warm as spring, Liu Ru is only wearing a thin palace dress, Wan Wan Tingting, at first glance it looks like a girl as graceful and moving. But if you look closely, it is full of the charm of a young woman.

Qin Mu is more casual, usually he records what he thinks, and these thoughts are usually scattered, so they are sorted out by Liu Ruis or Li Xiangjun.

If you want to talk about talent, Liu Rushi, Li Xiangjun, and Dong Xiaowan are really no less than first-class jinshi, and as women, they are more meticulous in thinking and more meticulous in their work. With their help, it made Qin Mu a lot easier.

Liu Ru helped him sort out his things, and she knew a lot about his judicial reform, so she couldn't help but say, "Your Majesty." Officials in charge of the judiciary must maintain neutrality, which in itself will inevitably have many negative effects. ”

"Negative effects?" Qin Mu put down his pen, let her come to his side, and said with a smile. "Tell me what the negative effects this will be."

Liu Ru is delicate fragrance, as soon as he approached. It permeated Qin Mu's nose, and it smelled very good, better than the ambergris incense in the hall.

"Your Majesty, the law is the last line of defense to resolve social contradictions, but it is not the only means, many disputes through negotiation and settlement, mediation and arbitration to resolve civil disputes should be the preferred way for the parties, the maid thinks, until the end or do not use judicial resources to resolve civil disputes.

His Majesty may not know that in fact, more than seventy or eighty percent of the civil disputes are mediated and arbitrated by the elders of the village and respected people, and they can be resolved smoothly.

Because they live in the local area, there are disputes in the local area, and they often know more about the ins and outs, and the people understand their temperament, as long as they arbitrate them notarially, it is easier to convince the parties.

Even if the trouble reaches the yamen, if the mediation of the officials can make an understanding between the two parties, the case will not only be handled more quickly, but the way to reach an understanding voluntarily is better than a cold judicial forced judgment. Because of this case, even if you use the law to force the judgment, the parties may not be convinced, which is easy to dispute again.

However, the judicial neutrality emphasized by His Majesty will play a relatively negative role in negotiation, mediation, and arbitration, because in order to ensure the neutrality of these elders in charge of arbitration, I am afraid that their behavior must be restricted from the law. ”

While listening to Qin Mu, he couldn't help nodding frequently, he understood what Liu Ru meant, and took football referees and volleyball referees as examples, volleyball sat in the middle of the net, and the referees were definitely more neutral, but they were also more negative. Specifically applied to legal operations, there are obviously many deficiencies, which is too passive;

As for football referees, they catch up, because they are not neutral enough, the angle of looking at the problem will inevitably be biased sometimes, and their judgments are more likely to cause controversy than the judgments of volleyball referees.

But in fact, the football referee catches up with this behavior itself, which can stop many people from deliberately committing fouls in advance, because the referee is chasing and watching.

And once someone fouls, it can also stop further conflicts between the two sides in time, if it is a football referee like a volleyball referee, only sitting in the midfield, after someone fouls, the two sides will fight if they disagree, and then you rush to stop it, the situation has become very serious.

Listening to Liu Ru's words, Qin Mu was quite emotional, don't underestimate their talents just because they are women and born in Qinglou, in fact, because of places like Qinglou, they can come into contact with all kinds of people and things, and their knowledge is actually more than ordinary readers.

At least Qin Mu himself ignored the importance of mediation and arbitration in advance.

In some later countries, the real situation is that the concept of mediation and reconciliation is widely applied to criminal proceedings, and some countries have established a plea bargaining system, and about 90% of criminal cases can be negotiated by prosecutors and defense lawyers or criminal defendants outside the courtroom, and the cases are settled and settled, which saves a lot of judicial resources of the state.

The passivity of judicial power also concretely shows that the judicial organs should not take the initiative to attack, but should passively wait, generally speaking, the principle of not suing and ignoring is implemented, and judges cannot take the initiative to provoke the parties to go to litigation.

In other words, if the judge takes the initiative to provoke the parties to go to court, then who will believe that the judge is standing on a neutral position?

Now Qin Mu wants to emphasize this neutrality, if it is implemented like this, it will play an extremely negative role.

While pondering, he muttered: "The neutrality of the judiciary still needs to be emphasized, and this neutrality is not necessarily opposed to mediation and arbitration outside the yamen. ”

Liu Ru was very happy to see that she listened, she was limited by her background, although she didn't have any ambitions, but she was still a little proud by nature;

For her to be recognized by the emperor and to be helpful to the country, this is a manifestation of her own value, which makes her feel happier than receiving any reward.

Her face was full of joy and intoxicating, and she said in a loud voice: "What Your Majesty said is extremely true, judicial neutrality is the bottom line to ensure judicial fairness, and civil arbitration and mediation are conducive to the settlement of disputes from the beginning, and the two are not completely contradictory.

In fact, this is the same as the difference between Confucianism and Legalism, Confucianism focuses on the guidance of morality, while Legalism is used to guard the bottom line of social order. Although the two are different, they can actually play a complementary role. ”

"If so, it's good, today you proposed a very good Jianyì, how can I reward you?" Qin Mu hugged her soft waist and asked with a smile.

Liu Ru hurriedly said: "How dare the servant ask for any reward, Your Majesty doesn't blame the servant for being too talkative, and the servant will be content." ”

"The reward is a must, hahaha" (to be continued......)