Chapter 1039: Strike While the Iron Is Hot
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A huge controversy over Confucianism and law gradually subsided under the strong condemnation from the lower classes of the people and the sincere communication and guidance of the emperor.
Among them, the conspiracy theories spread by the night have played a big role. Many officials who secretly fanned the flames stopped for fear of being accused of having evil intentions.
Without their secret agitation, goodbye to the emperor to worship the Confucian Temple, the first to recommend Confucianism, and the emperor's heart-to-heart talk in Taixue quickly spread, and the scholars were calm.
After all, all dynasties and dynasties have laws, and whether the rule of officials is clear or not is directly related to whether the law is implemented and supervised in place, which everyone understands.
Everyone is just worried that the emperor will abandon Confucianism, and even burn books again like the first emperor to pit Confucianism. When this concern is dispelled, the reader's interest in reforming the judiciary will be understandable.
Qin Mu took advantage of this spring breeze and convened a court meeting again to announce the plan for judicial reform.
This is the grand court meeting of the Zichen Palace, and the officials not only have to perform three kneels and nine bows, but also do not have a seat to sit on from the officials above the third rank like the Chang Dynasty held in the Senior Administration Palace. In this great dynasty of the Zichen Palace, all the officials have no seats, and they all stand in columns according to the rank of the official.
Qin Mu convened a court meeting in the Zichen Hall to discuss the judicial reform plan, and it was not without the help of this solemn ceremony to declare the emperor's authority.
On the magnificent, solemn Jinluan hall, Qin Muyu is dressed in a crown, sitting on the throne of nine golden dragons on the top of the Danqi, looking at it flatly, the hundred officials in the hall bow down and stand down, and the clouds and sky outside the hall are all in one look.
Wang Fuzhi, a scholar from Hanlin University, came out of the class and read aloud: "The purpose of this judicial reform is to make the judiciary more neutral, independent, unified, professional, open, and authoritative. Specific reform ideas will be explored along these five directions.
Among them, neutrality requires the presiding officer to be like a scale, to achieve balance between the two sides, impartiality; The independence is to ensure that the presiding officer is not subject to interference and pressure from all sides, and the actual situation of the case. a fair trial in accordance with the law;
Uniformity, on the other hand, is to avoid judicial confusion, with each locality doing its own thing, avoiding differences in sentencing sentencing, and local protectionism affecting trials, resulting in different trial results for similar cases.
It is not difficult to understand the professionalism of the judicial system, without professional judicial officials, it is difficult to implement the best judicial system. As for publicity, because judicial trials often involve human life. If you are not prudent, once there is an unjust, false and wrongful case, it will be angry and resentful;
It is necessary to make the process of adjudicating cases public, allowing the public to watch the trial from the sidelines, so as to accept the supervision of many parties, so as to avoid the officials in charge of the trial from operating in the dark and bending the law for bribes, so as to maintain judicial fairness.
The last authority. The last and most important feature is determined by its previous features. That is to say, the neutrality, independence, unity, professionalism and openness of the judicial power determine that it must be authoritative.
The legislature has legislative authority. Administrative organs have administrative authority, and judicial organs, as the enforcers of laws enacted by the legislature and the supervisors of administrative law enforcement acts, need authority even more. In other words, no one can deliberately undermine or undermine the authority of the judiciary."
The prince was full of anger and read it out loud. After explaining the six main themes of judicial reform, namely, neutrality, independence, unity, professionalism, openness, and authority, the train was returned.
Qin Mu said in a loud voice: "What do you ministers have to add to this. But please speak up. In addition, in order to ensure these six judicial characteristics, please give your advice on how to reform the judiciary and improve its hardware and software. ”
Sima Kai rushed out of the class and said: "Your Majesty, Weichen thinks that in order to ensure the fairness of the judiciary, it is necessary to stipulate that the officials who preside over the judicial trial are not allowed to concurrently hold other positions, so as not to make judgments that violate justice because of the involvement of their positions and the stakes.
Throughout the criminal law of the official dynasty, the power to enforce and adjudicate the law was in the hands of the magistrates and administrative officials, which was an important factor in the judicial corruption. It is not uncommon for local officials to ignore the law for the sake of political performance.
At present, although the judicial power of Daqin has been stripped from the hands of the local chief official and handed over to the deputy in charge, the deputy has not been separated from the administrative system, and the relationship between the deputy and the chief official is still subordinate.
It was the ministers who believed that first of all, the local officials in charge of justice should immediately and completely separate themselves from the administrative system, and set up a separate yamen to adjudicate independently.
In addition, the integrity and impartiality of all officials engaged in the administration of justice are particularly important. Their family members are prohibited from doing business, and their assets are declared public before taking office, and they are subject to a property review when they leave office or are promoted. ”
After Sima Kai finished speaking, the imperial envoy Zhang Xiaochen immediately came out and said loudly: "Your Majesty, the minister thinks that this is still insufficient. All judicial officials are subject to lifelong responsibility, which means that they must be responsible for every case they handle to the end. In the future, regardless of whether he is resigned or promoted, as long as there are unjust, wrongful and false cases he has handled, he will be held accountable. Moreover, as an official who enforces the law, if he violates the law, he should be punished with one more degree of crime and severe punishment. ”
"Yes, if a person is greedy for money and profit, he will not be an official if he goes into business. If His Majesty wants to reform the judiciary and make it neutral, independent, unified, professional, open, and authoritative, he must set strict requirements on officials engaged in the judiciary, even if it is harsh, for the sake of the livelihood of the whole world. ”
The imperial envoys and officials in the palace came out one after another, digging up the yin corners, plugging loopholes, and seemed to make the future judge a saint, and you don't want to have any selfish thoughts.
Some of them are probably really trying to eradicate corruption in private law, but there are also some people who are dissatisfied with judicial reform and are angry with "judges".
Lao Tzu may be judged by you in the future, okay, Lao Tzu will first make you a "saint" who doesn't even want to touch hair, and I want to see who is willing to be this judge.
The officials are very clear about the ways of officialdom, and after they really regard the "judge" as a public enemy, they have done a great job of preventing micro-leakage and plugging leaks. What resignations and promotions should be subject to property review, and how is this enough? It must be checked annually. In the course of hearing a case, the parties must not be met with in private, and the case must be supervised by local councillors
This scene in the Zichen Hall made Qin Mu a little crying and laughing, this is a fireproof, anti-theft and anti-judge, don't even think about it
But then again, it's okay, no matter what, it's always good to prevent the judge from getting worse, Qin Mu believes that there are still people who are willing to do it. There are many people who seek fame without seeking profit, and it is estimated that this kind of person will rush to do this kind of work.
Judicial reform is a top priority, but the more this happens, the more we have to take it step by step. The first is to reform the Criminal Department and establish a separate court system to assign judicial power to the courts; The Criminal Department, on the other hand, retains only the power to enforce the law and has vertical jurisdiction over the patrol divisions in various places, which is in fact equivalent to the police system.
The local Tongzhi and county magistrates were also separated to establish independent local courts, and stipulated that the relationship between the lower and lower courts was one of supervision and guidance, rather than the relationship between the leader and the led, so as to maintain the independence of adjudication.
In other words, it is absolutely forbidden for a higher court to interfere with the adjudication activities of a lower court at any time, and only when a party appeals can the higher court make a decision to modify or uphold the judgment of the lower court.
As for other administrative departments, it is strictly forbidden to interfere in the adjudication process of courts at all levels.
Very detailed provisions have been made on the training, selection, and promotion of judges, so as to prevent the slightest problem from getting worse.
The officials of various departments had a very lively discussion on this, and those envoys did not let go of any loopholes. Qin Mu is happy to see this, but in fact, this is only the first step of judicial reform.
The judicial system actually includes several departments such as legislation, supervision, law enforcement, and adjudication, and the imperial historian is responsible for supervision.
In fact, the fairness of the trial is important, but the safety of the supervision is even more important. Once the reform of the Criminal Department is completed, Qin Mu must rectify the Metropolitan Procuratorate and improve the supervision system.
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PS:The network is off today.,So this update is late.,There's a chapter later.,Everyone, support a lot.,Subscribe to the genuine version.。 (To be continued......)