Chapter 750: Judicial Reform
Zhu Youzhen stepped forward and asked, "Dare to ask the little brother of the official, what is this court in charge of?" ”
This official wears a six-in-one hat, a green coat, a red cloth back armor, and a green silk ribbon around his waist, which is a typical Kuaishou costume.
I only heard this fast hand say: "The court has issued a new rule, in the future, the county lord will not matter if the case is tried, all cases must be filed by the Inspection Department and unified to this court for trial!" ”
Zhu Cihong divided the rights of the magistrate, took out the local judicial power separately, and made the canonical history responsible for the judicial cases of a county, and raised the quality of the canon's history to the eighth grade.
"The Inspection Department is responsible for arresting people, and the court will hear the case?" Zhu Youzhen asked again.
The fast hand nodded and said: "That's the case, this new policy will start from the first day of next year, and it will be officially promulgated in the whole country together with the new "Da Ming Law", and the county lord will not have a good time!" ”
Looking at this new yamen, Zhu Youzhen was like a noos.
According to the Ming Dynasty, officials at all levels in a county had a clear division of labor, and the only ambiguity was judicial power.
The law is an important tool for governing the country, and good law is a prerequisite for good governance, which has a bearing on the people's livelihood.
It's just that he didn't expect that Zhu Cihong would use this small case to not only sweep away a large number of officials who opposed the new policy in the DPRK and China, but also rectify the local area, and even weaken the power of local officials.
This is nothing, what makes Zhu Youzhen frown is that this guy actually modified the "Da Ming Law", which is properly challenging the ancestral system!
What is the Law of the Great Ming?
This is the fundamental code of the Ming Dynasty, after the final promulgation of the 30th year of Hongwu, the Taizu Emperor Zhu Yuanzhang strictly ordered that "the law cannot be changed lightly!" "The descendants will keep it, and the ministers will change it if they have a slight discussion, that is, they will sit and change the ancestral system!" ”
What do you mean? That is, whoever changes who commits a crime!
Under this ancestral system, the monarchs and ministers of the Ming Dynasty have inherited the "Ming Law" from generation to generation, and they dare not change it lightly.
The three dynasties of Hongzhi, Jiajing, and Wanli, although in order to change some changes, also reformulated the "Punishment Regulations" to supplement, and never dared to take the "Da Ming Law" to write.
Who would have thought that in the Tianwu Dynasty, not only did the emperor take the initiative to revise the "Da Ming Law", but also convened all important departments such as the cabinet, military aircraft, Dali Temple, and the Metropolitan Procuratorate to participate in it and revise it together!
It's just because Emperor Tianwu asked in the Fengtian Palace: "I want to rebuild the "Great Ming Law", who agrees?" Who is against? ”
Obviously, those who can still stand on the Fengtian Temple are all loyal ministers and good generals of the Tianwu Dynasty, and none of the ministers raised objections to this, and no one jumped out to mention the matter of the ancestral system, and unanimously passed the revision of the "Da Ming Law".
Of course, Zhu Cihong did not make a big move to the "Da Ming Law", because the "Da Ming Law" was the representative of the world's advanced legal culture at this time, and in the history of the world's legal system, it was also an important code with unique characteristics and in the forefront of the world's legal system at that time.
The "Da Ming Law" was compiled by Li Shanchang, Liu Bowen, and others, and adapted to the development of the situation, changed the style, adjusted the criminal name, affirmed the changes in personal status, and paid special attention to economic legislation.
For example, in terms of conviction and sentencing, the principle of minor misdemeanors and serious crimes is embodied, and the conviction is relatively minor when it comes to ceremonies and customs and education. Theft and other matters involving money, grain, and other people's property are convicted more severely.
After Zhu Cihong changed a few articles slightly, only the 460 laws in 30 volumes, including the five punishments, the ten evils, and the eight deliberations of the "Da Ming Law", were refined and improved.
One hundred and eight volumes of 1,280 laws were formed, including the Five Punishments, the Ten Evils, the Eight Deliberations, the Law of Officials, the Law of Civil, the Law of Punishment, the Law of Soldiers, the Law of Etiquette, the Law of Industry, the Law of Commerce, and the Law of Agriculture.
The newly revised "Da Ming Law" not only covers all the legal provisions that can be involved at present, but also annotates some articles that are difficult to define.
Including the handling plan, it has been given a more practical operation, and some difficult cases are no longer a problem in the face of the new "Da Ming Law".
It is an eternal experience that all those who have power are prone to abuse power, and the way to prevent abuse of power is to use power to restrain power.
Therefore, it is necessary to refine the law.
If the law does not provide for it clearly and meticulously, it will lead to unclear authorization, and law enforcers will arbitrarily apply the law according to their own needs, and apply the law according to the needs of the "relationship".
The problem brought about by this is that corruption breeds, and it has even led to serious crimes and an increase in the number of cases of extortion, bribery, corruption, and irregularities committed by judicial personnel and law enforcement personnel.
Zhu Cihong carried out this judicial reform very thoroughly, revising the law, adjusting the judiciary, and strengthening the supervisory function.
The official judicial organs of the central government are the Criminal Department, the Dali Temple, and the Metropolitan Procuratorate, collectively known as the "Three Law Divisions", and their specific division of labor has changed.
The Criminal Department is in charge of adjudication, and accepts local appeal cases, examines serious cases of local imprisonment or above, and hears cases involving 100 officials in the Beijing Division and the central government.
Dali Temple, in charge of review, all cases tried by the Criminal Department must be transferred to Dali Temple for review along with the criminals.
The Metropolitan Procuratorate, originally the Fengxian Yamen of the Ming Dynasty, can manage any, but now it is only responsible for supervising civil officials, and has the right to picket and impeach officials for illegal and disrespectful behaviors.
Zhu Cihong thought about it again and again, and finally gave the Metropolitan Procuratorate the right to participate in the trial of the three divisions when it encounters major cases, and the three parties are more stable than the two parties.
If it is a case confessed by the emperor himself, it still needs to be tried by the three law divisions and the East Detective Factory.
As for the "Jiuqing Trial", it was directly canceled, and it would be better for laymen to interfere less in judicial cases.
Jiuqing's trial is more not a trial case, but a game of party struggle between ministers, who loses and who is unlucky.
(Jiuqing will be tried, that is, in case of particularly major cases, the three legal divisions will be jointly tried by the officials, households, rites, soldiers, ministers of the Ministry of Industry and the general political envoys, and the final judgment must be submitted to the emperor for review and approval.) )
Local judicial organs are divided into three levels: provincial, prefectural, and county, with the courts handling prison litigation at the prefectural and county levels, and the provincial judicial organs still handling the cases by the procuratorial department, because these departments are originally listed separately.
The procurator has the power to execute cases of imprisonment or less in a province, and cases of imprisonment or more must be submitted to the Central Criminal Department for review and approval.
In order to avoid frequent criminal cases and make the law penetrate into the countryside, Zhu Cihong ordered local governments to rebuild the "Affirmation Pavilion" in each township in the early Ming Dynasty to post the list and declare the education.
Whoever commits a crime against the people in the territory shall write his mistakes and make them appear on the pavilion, so that people will know that they are afraid and do not dare to do evil.
Three or five elderly people are elected by the villagers, and they are reported to the official for the record, and if there is a dispute in the township, the old man will preside over it, and mediate in the Shenming Pavilion, but it is not allowed to beat the parties involved in the punishment, and they can only move their mouths.
If you are unwilling to settle after mediation, you can file a lawsuit with the county court and formally file a case for trial.
If they are not satisfied with the judgment of the county court, or if the county court does not accept it and delays the time, they may continue to sue at the prefectural court, and if they cannot continue to sue the provincial court, they may continue to sue the provincial procuratorate and the procuratorate.
If the criminal prosecution department cannot handle it, can he go to Beijing to report to the criminal department, and all must be reported to the higher levels one by one.
In this case, the supervisory ability of the Metropolitan Procuratorate will be experienced, and it can impeach and clean up the local magistrates.
If there is another case like Lu Yin, and he doesn't care all the way, then the problem will be big, and Zhu Cihong can only clean it again from beginning to end.