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Sima An thought too much for a while, but in fact, Qin Mu had no intention of borrowing the hand of Qitate to destroy Mo Nan's 50,000 Qing strong army.

It is not advisable to do this, and if it is not good, it will make Quitat a difficult tiger to deal with, and it may even lead the entire situation in the south and north of the desert to get out of control.

After Li Jiqing urged the prince to move to the palace, Qin Mu did not deal with this matter for a long time, and Sima An, as the first assistant, felt like a stone pressed on his heart, and he was under a lot of pressure, for fear that Qin Mu would keep this matter, and he would wait for the opportunity to play again. Therefore, Sima An became a little sensitive.

Qin Mu pressed this matter and didn't ask about it, he really wanted to pressure the important ministers of the court to cooperate with a series of policies he was promoting. But he also knows that some things are too much, and the nerves of the ministers are too tense, which is not necessarily a good thing.

On this day, he deliberately left Sima An, and then asked someone to send him lunch, and chatted with Sima An in Wuying Hall to appease this first assistant.

A few side dishes, plus a glass of wine, and a very simple lunch, Qin Mu took a sip of himself and said: "These days, the debate on the presumption of innocence in various places has been chattering endlessly from the officials to the people, what does Mr. Sima think about this? ”

Mentioning this incident, Sima An couldn't help but smile bitterly, his son Sima Kai played a trick a year ago, which made the government and the opposition turbulent, and after more than two months, not only did not subside, but there was a tendency to intensify.

Why did his son suddenly get on this trick and put himself on the cusp, Sima couldn't be clearer, but he couldn't break it yet, he could only eat Huanglian dumbly.

"Returning to His Majesty, the minister has no prejudice about the presumption of innocence, but as far as the minister knows, there are many opponents from officials at all levels, and as for the reasons for opposition, they are different, but one thing is common."

"Mr. Sima, please speak."

"Your Majesty must be clear. The presumption of innocence will inevitably greatly increase the difficulty of solving cases, and as a local official, clearing prisons is a top priority, and if there is a large backlog of cases, it will affect the evaluation results of officials and make it difficult for them to be promoted. Therefore, they are naturally reluctant to apply the presumption of innocence. ”

When Qin Mu heard this, he couldn't help but put down his chopsticks and think, Sima An didn't mention the assumption of innocence, and he would touch the privileges of the gentry. From another angle, the analysis of the reasons for the opposition of local officials is also to the point.

In the past, officials tried cases with the idea of presumption of guilt, and once the punishment continued, the case was solved after the suspect confessed, and whoever was wronged was not wronged, and the official who judged the case would not be wronged anyway.

If the presumption of innocence is implemented now, it will be more difficult to solve the case, and if the case cannot be solved, the official will become the "wronged leader". Bear the responsibility for the backlog of unsolved cases.

In this case, the magistrates must have objected to the presumption of innocence.

Qin Mu thought for a while, and asked seemingly casually: "Mr. Sima, if it is a matter of prison." Stripped from the duties of the magistrates, does Mr. Sima think they will still insist on opposing them? ”

"Peel it off" Sima Anxin was like electricity, and faintly guessed the emperor's back hand, which is really extraordinary.

At present, Daqin's local administrative structure is in the same place. Only at the provincial level has a special department of judicial and criminal envoys, which is established as a three-envoy department together with the political envoy department.

In the prefectures and counties, there are no officials in charge of judicial prisons. It is all shouldered by the governor and the county.

If the matter of judicial punishment and prison is separated from the functions and powers of the governors and counties of the whole country, then the prefectures and counties of the whole country will have to set up separate yamen and officials, and the scope of the matter will be wide and spread throughout the whole country.

"Your Majesty, I'm afraid it's not easy to separate the matter of judicial punishment from the authority of local officials, take a county magistrate as an example, losing the power of judicial trial is equivalent to reducing the power in his hands by half."

Sima settled down for a moment and said calmly, "Don't hide it from Your Majesty, since ancient times, local officials in all dynasties have often obtained the most benefits from the process of handling cases, and this benefit does not necessarily refer to money;

For example, Bao Zheng of the Song Dynasty obtained a good reputation of Bao Qingtian, which has been praised through the ages. In other words, upright officials may also oppose the stripping of judicial power from them. ”

Qin Mu frowned unconsciously, the judicial power in his hands is actually equivalent to holding the power of life and death for local officials, and the corrupt officials hope to use the power of life and death in their hands to obtain wine and wealth. The Qing official wanted to use this power to obtain a clear name.

If you want to deprive them of that power now, who would want to?

However, absolute power inevitably leads to absolute corruption.

If this kind of power of life and death is not strictly supervised, it will inevitably be abused, and even if it is used to peel the skin and fill the grass like Zhu Yuanzhang, it is difficult to put an end to it.

The more this was the case, the more determined Qin Mu was to separate the judicial power from the hands of the local magistrate.

As the saying goes, the mountain is high and the emperor is far away, the power of local officials is too centralized, there is a lack of effective supervision, and it all depends on the self-discipline of officials.

And these parents and officials, facing the ordinary people, they are corrupt, and the victims are ordinary people, is there less official coercion and rebellion? Mr. Sima, I don't want to use the method of peeling the skin and filling the grass, I know that it is useless. Therefore, it is necessary to restrain and supervise the great power in their hands. As an auxiliary minister of the country, Mr. Sima has an unshirkable responsibility. ”

What is the unshirkable responsibility, Sima An knows very well that the emperor has put his words out, and as the first and auxiliary ministers, it is impossible for him to have a second choice.

"Your Majesty, this matter involves a wide range of issues, and it affects the whole body, so we must be cautious."

Qin Mu sighed and said, "Mr. Sima, there are some things, if you are cautious, you can't do it." ”

When Sima An heard this, his heart couldn't help but tremble.

At the beginning, Zhu Hongwu killed the entire city of Nanjing, and the ministers pinned their heads to the waistband of their trousers, and when they went out with their families in the morning, it was like parting with life and death, and no one knew whether they could come back at night.

At that time, what policy did Zhu Hongwu want to implement, and who dared to say nothing?

The founding emperor in front of him, don't look at the elegance, he is more ruthless than anyone else, and he touches his scales, he may not be worse than Zhu Hongwu when he kills people, at least Zhu Hongwu has never been in Jingguan.

If Sima An thinks about it today, the more shocked he becomes, and he is faintly sweating on his back.

And Qin Mu listened to Sima An's words, and he did have a bit of murderous intentions, if he promoted the presumption of innocence and stripped the judicial power from the hands of the local magistrates, it would really be resisted by all local officials, except for killing mountains and rivers like Zhu Hongwu, what other way to implement it?

Sima An hurriedly said: "Your Majesty, the matter is important, the minister thinks that more ministers should be gathered to discuss it together, maybe other ministers can come up with a feasible strategy." ”

Qin Mu shook his head and said, "Gather ministers to discuss now, once the tone is exposed, it will not be easy to do." I only believe in Mr. Sima, and hope that Mr. Sima will think of a strategy for me, and at the same time keep his mouth shut for the time being. ”

"His Majesty trusts, and the ministers are grateful, but if His Majesty wants to separate the judicial power from the powers of local officials, it involves all aspects, and after all, it must be implemented after consultation with the minister."

Of course, Qin Mu knew that no matter what the policy was, it would ultimately depend on the minister to implement it, but now he hadn't sorted out the matter yet, and he didn't have the bottom in his heart.

"Don't worry, wait until you exterminate Chitat first, and stabilize the border, and then it's not too late to get rid of internal evils with peace of mind, I am now discussing this matter with Mr. Sima because you are the first assistant of the cabinet and my most trusted minister, you should be prepared first, and at the same time think of countermeasures for me, as for other ministers, don't talk about it for the time being, so as not to cause unnecessary turmoil."

"Thank you, Majesty, after death."

As far as the whole thing is concerned, the main country to be reformed is the local judicial system and administrative structure, and the functions and powers of the various departments of the imperial court are generally only the criminal department.

This is because the DPRK and China have generally formed a separation of law enforcement, supervision, and legislative powers, and only the boundaries of judicial power are relatively blurred.

Specifically, Daqin's law enforcement power is in the hands of the Criminal Department, the supervision power is in the hands of the Metropolitan Procuratorate, and the legislative power is roughly in the hands of Dali Temple.

The judicial power, that is, the function of the court, is mainly in the hands of the criminal department. In some serious cases, the Metropolitan Governor's Yuan and Dali Temple often participate, forming the so-called three divisions of the trial.

The Penal Department has both the judicial power of the courts and the law enforcement power of the Superintendent, and this is where reform is needed.

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(To be continued......)