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Ge Xiu was a man of good manners, and he knew very well that the emperor had been committed to the reform of judicial trials and administrative supervision for the past two years.

From the large-scale training of forensic doctors, county officials and Tongzhi, the judicial power is stripped from the hands of local officials, and the inspection department is established to enforce the law independently;

Later, he gave the local squire the post of member of the wealthy family in the form of donating money for road repair, and gave the councilor the power to directly write to the emperor and review the income and expenditure of the local government at the end of the year, which was actually to assist the court to supervise the local officials.

Recently, he suddenly issued a rather strange holy decree, and at the same time intended to move Bai Tie, the secretary of the Criminal Department, into the cabinet auxiliary government, these two things are linked, and those who are careful can guess that the emperor is probably going to take the criminal department.

The main duties of the Criminal Department are to examine and approve various laws, review criminal cases sent to the Ministry in various localities, and to hear death penalty cases that are "awaiting imprisonment" in conjunction with Jiuqing, and to directly hear cases of pending convictions in the Gyeonggi area. The final trial and review of the case with the Metropolitan Procuratorate in charge of inspection, impeachment, and Dali Temple are the "three law division system".

Now the functions and powers of Dali Temple have changed, only to legislate, and to send juries to supervise the trial process of serious cases. This is actually tantamount to returning the final adjudication power to the Criminal Department.

The powers of the Criminal Department are getting heavier and heavier, which in itself goes against the emperor's idea of decentralizing powers, and the emperor's judicial power over the local areas has been continuously decomposed, and the powers of supervision, law enforcement, and adjudication have been basically separated.

In contrast, it is probably only a matter of time before the criminal department is dismembered.

In this regard, Ge Xiu did not intend to fight against the emperor, he knew very well that for the emperor, this was already a kick in the door, and whoever made it at this time would definitely not have any good results.

Of course, if Yao Peizhen is willing to come out and block it. Ge Xiu would love to see it.

But Yao Peizhen brought Ge Xiuhong out for a meeting, thinking that he would let him come out of this, and he would recklessly come out to stand up to the thunder?

The two of them fought in the river house for a long time haha, and in the end, no one could encourage anyone to come out, so they could only sigh in their hearts and disperse depressedly.

In the Huagai Palace, Qin Mu summoned Bai Tie alone, and Qin Mu was very satisfied with Daqin, the first secretary of the Criminal Department of the founding of the country. Bai Tie was not a big man before, and Qin Mu appointed him as the secretary of the Criminal Department in an eclectic manner, not only because he was optimistic about his ability, but also because of his loyal and upright temperament.

In the past few years, under his care, the criminal department has no backlog of cases, and the prison is generally very clear, which makes the people very centripetal towards the court, and Qin Mu is very satisfied with this.

He said in a deep voice, "Bai Shangshu." A few days ago, I deliberately decreed that the emperor should not interfere with the administration of justice, do you know what the intention is? ”

Bai Tie stroked his long beard and replied, "The minister does not dare to speculate on the holy will. ”

Qin Mu said: "Bai Shangshu, judicial prison is a major matter of the country. Whether the judiciary is clear or not is closely related to every common person, and it also affects the credibility of the imperial court everywhere, so it must not be careless. Here's what I said. I hope that Bai Shangshu can keep it in mind and try his best to assist me in completing this reform.

However, in my view, the judiciary is different from the legislative and the executive. It is the power to punish crimes or adjudicate private lawsuits, and is purely legal in nature, not political.

Officials in charge of adjudicating cases should not have subjective judgment and should not use their power to manipulate judicial trials. It is just a mouthpiece of the law, and in the process of trial, it can only accurately adopt the legal provisions in accordance with the laws formulated by Dali Temple, and does not have the right to review violations, and even the right to interpret must be strictly restricted.

The first characteristic of the judiciary should be neutrality and impartiality, which is also an example of the family recusal system in the trial of cases in previous dynasties, but this is not enough, in addition, there must be strict procedural rules to ensure the neutral status of the trial officer.

The second characteristic of the judiciary is independence. The independence of the judiciary is necessary to ensure judicial impartiality, and it is precisely to ensure the independence of the Emperor that the Emperor shall not directly interfere in the judicial trial. I would like to see the judiciary not only completely independent of the legislative and executive branches, but also have the power to review violations of the Great Qin Law and to revoke legal and administrative acts that violate the Great Qin Law.

The third point is unity, which has two connotations: one is that the judicial power is exercised by the statutory departments in a unified manner, and cannot be shared by other departments; The second is to use judicial interpretations or guiding precedents to unify the adjudication standards of adjudication departments at all levels across the country. In specific cases, each similar case should not be different from person to person, but from place to place, and the unity of the judiciary should be maintained.

In my view, the great enemy facing the unity of judicial power is local protectionism. In order to avoid the possibility of judicial interference by local protectionism, we would like to make it clear that cases that cross state capitals cannot be tried by any of the judicial departments of the original defendant's state, but must be handed over to the central judicial department. In this way, local protectionism can be effectively prevented

Professionalism is regarded as another important special aspect of justice, as the so-called human life is a matter of heaven, once a wrong judgment is taken, the lives of the people are taken, and there is no way to compensate for it.

In this regard, the practices of the previous dynasties were very casual, and many of the local officials who held the judicial power were corrupt Confucians who did not listen to the affairs outside the window and only read the books of the sages, and they did not even know the law. Thinking of this, I shuddered in my heart, I can't do this anymore, absolutely not.

Therefore, we need a highly professional judicial team, all of whom have not only received rigorous legal education and training, but also have rich experience in judicial practice. Knowledgeable about various laws and cases. Strict rules should also be put in place in the selection of officials in the judiciary to ensure a high degree of professionalism in the judiciary.

Finally, I would like to emphasize the openness of justice, which has been overlooked, consciously or unconsciously, in previous dynasties. When the officials tried the case, they let a few people sit in the hall if they were happy, and if they were not happy, they could try the case behind closed doors, or even operate in the dark.

In the future, there must be an independent jury to oversee the transparency of judicial power in all matters involving human life, and the public must not be prohibited from observing the trial process of all cases unless there is a special reason for doing so.

Openness is a necessary means to effectively curb judicial corruption, and adjudication under the sun is the basic guarantee for the realization of judicial fairness. ”

Qin Mu's big call made Bai Tie both shocked and surprised, although in summary, there are only a few points: neutrality, independence, professionalism, unity, and openness.

But every point is something that the current Great Qin and even the two thousand years of China have not really done.

The most important thing is that the emperor went so far as to say that the judiciary not only enjoys the independence of the Communist Party, but also enjoys the right to review violations of the Great Qin Law, and can revoke legal and administrative acts that violate the Great Qin Law.

In other words, even if the imperial court makes an administrative decision, as long as the resolution violates the Great Qin Law, the judicial department also has the right to declare the administrative order invalid in accordance with the Great Qin Law.

And the emperor himself must not interfere with the judiciary, which is tantamount to raising the judicial power to an unprecedented height, on a par with the executive power and the legislative power.

This kind of thing, Bai Tie didn't dare to think about it before, but now it was proposed by the emperor himself, like thunder, which made him a little dizzy, and he couldn't speak for a while.

Qin Mu continued: "At present, the legislative power has been assigned to Dali Temple, and the executive power has been assigned to the cabinet and various ministries. The judicial power should be transferred to the Criminal Department, but with the current status of the Criminal Department in the same six departments, and the rudimentary structure, it is impossible for the judicial power to achieve the neutrality, independence, professionalism, unity, and openness that I have said. Therefore, it is imperative to reform the Penal Department.

Bai Qing is the secretary of the Criminal Department, and he is also the minister I rely on the most, I put forward a request, this important reform, you still need to vigorously assist, it is possible to complete, Bai Qing first go back and think about it, sort out the clue, and then come to see me, remember, this matter should not be publicized for the time being, and after we discuss a set of practical implementation plans, we will gather other ministers to discuss it. Bai Qing, please don't be negative. ”

The last sentence of please don't be negative, Bai Tie's eyes were full of tears, and he hurriedly got up and bowed: "The minister doesn't dare to be the invitation of His Majesty, the minister will die." His Majesty xià Heavenly Grace, the minister died in retribution. (To be continued......)