Sending Xu Zongren away, Zhao Yu fell into deep thought. Previously, he had always thought that after his many rectifications, the ranks of officials had stabilized and formed a set of effective management methods. As the saying goes, we can share weal and beg, but we can't share prosperity. During today's long talk, he found that he was overly optimistic, and the change in the situation had made people's hearts fluctuate, not only did he want to benefit from the victory, but he also began to consider his own class interests, and wanted to get the biggest piece of the cake.

Zhao Yu knew that although his side had won a temporary victory, the revolution was far from successful and was still in a very dangerous situation, and Meng Yuan would never sit idly by and watch a powerful new regime emerge beside him, and whether peace negotiations were reached or not, the war between the two countries would continue. Since a stable regime is the basis for guaranteeing victory, the ranks of officials as state managers must first ensure stability, efficiency, and pragmatism.

The difference between officials and officials in terms of functions is that officials are in charge of government decrees and officials are in charge of affairs. That is to say, officials are mainly responsible for managing the administrative affairs of their own departments or regions, focusing on macro management and control, and have certain decision-making powers, so as to present functions such as guidance, management, supervision, and coordination. And the officials serve as the executors and direct managers of government decrees.

Zhao Yu understood that the officials were indispensable in the regimes of all dynasties, and of course they also knew the cunning and greedy image they left to the world. However, he thought that from the facts, the positive role of the officials should outweigh the negative influence of this group. The role played by the officials of the Song Dynasty in all levels of government not only surpassed that of the Sui and Tang dynasties, but also that of the Ming and Qing dynasties. Although they are as humble as slaves, they are often able to govern on behalf of the officials, act beyond their authority, and gradually become the real power faction in the government. As a result, the scholar doctor exclaimed: Recently, the officials are strong and the officials are weak, and the officials are not enough to control the officials. even described the official Cao Si as a world of public men.

If you want to solve the problem of official aggression, Zhao Yu knows that it cannot be solved by a single edict. Of course, there are many reasons for this situation, the most fundamental of which is that the bureaucrats and doctors have become increasingly dependent on officials in the process of handling government affairs. The more officials relied on the officials, the more prominent the role of the officials in the country's politics became.

There are many reasons why officials rely on officials, including the difference in the state's management mode of officials and officials, and the attitude of bureaucrats and scholars towards political affairs, that is, scholars concentrate on academics and do not care about detailed affairs; The officials were specialized in mundane matters and knew the legal code in detail. The officials have been engaged in specific affairs such as copying and transcribing in the government for a long time, and they are naturally familiar with the various laws and regulations in their own departments for a long time. The officials read the books of the sages, and they did not know anything about the practice, so they had to rely on the officials to act on their behalf.

Another important reason is that the official system and the official system in the Song Dynasty each had a relatively independent system, and the officials had the rank of the officials, and if they wanted to be promoted from officials to officials, it was very difficult to follow the provisions of the promotion system. During the reign of Renzong, it was changed to a civil official relocation every three years, and a military attache every five years. As a result, there is no virtuous person, from the birth to the promotion, from the promotion of the guan to the official county, from the change of the official county to the four jurisdictions and six courts, from the four jurisdictions and six courts to the prosecutor, from the prosecutor to the secretary of the secretary and the attendant to govern, the seniority.

The negative impact of this transfer system is that it weakens the role of meritocracy, so that there is no distinction between the virtuous and the ignorant, and the promotion depends on seniority, and the change of official positions is often linked to treatment. Due to the difficulty of promotion, there is no hope of raising the remuneration of officials, and according to the regulations, the salaries of officials are very low, and even some local officials are purely voluntary labor. Without wages and what to support their families, the officials naturally worked negatively and had to rely on extortion and embezzlement of public funds to survive.

In this way, it seems that the whole system of bureaucracy is forcing people to do evil. Some people may not understand, why does a government force people to do evil? In fact, in the final analysis, Zhao Hao felt that the root was still in the emperor. You must know that what the emperor is most afraid of is that someone will rob him of power, but the world is too big, and one person can't play it, so he can only transfer power to laws and regulations, and check each other one by one.

As a result, the power of the Son of Heaven was not handed over to the ministers, that is, the "officials", but to the officials who implemented the laws and regulations. The officials are the executors or personified manifestations of the rules and regulations of the empire's "governing civil affairs", and their power lies in the emperor's comprehensive seizure of local governance power, and the officials who "govern the people's hearts" are also the objects of the emperor's defense. For thousands of years, there have been attempts to solve this problem, but it has not been possible to complete it until modern times.

Zhao Yu knows that he is not so capable, but in any case, the Xu class has become a group that cannot be ignored in Chinese society, and if this problem cannot be solved, it will inevitably bring extremely serious consequences. He thought that it was necessary to find a way to establish a set of rules and regulations that were effective and could ensure the interests of all parties.

In the construction of the law in the past dynasties, Zhao Yu felt that the Tang Dynasty was the most worth learning. Although there have been coups d'état from time to time since Taizong of the Tang Dynasty, the Tang Dynasty did not show signs of decay until it ushered in the prosperous era of the Kaiyuan Dynasty. He believes that one of the important reasons is that the rule and institutionalized operation of the Qingming Dynasty established in the early Tang Dynasty used Confucianism as the standard to cultivate the virtue of officials, and in the Tang Dynasty, the virtue of officials was also very important. The so-called official morality is not a simple moral cultivation, but in essence, it is also a kind of cultivation of values.

Starting from Taizong of the Tang Dynasty, he insisted on educating officials with Confucianism, and believed that virtue influenced the rule of officials, and the rule of officials was related to the rise and fall of the dynasty. The legal system, assessment system, and supervision system of the Tang Dynasty were all established under this concept. Judging from the example of the Tang Dynasty, the cultivation of values was effective. Until after the Middle Tang Dynasty, Bai Juyi also said: "Today's criminal law, Taizong's criminal law is also; Today's world, Taizong's world. "This influence is clearly reflected in the system and also reflects the solidity of values.

The "Tang Law" has specific provisions on all kinds of behaviors of officials who fail to fulfill their duties. The standards, the extent of the violation, and the criminal penalties received are clear and operational; The Tang Dynasty established a vertical and effective supervision system, the chief of the imperial history platform was directly responsible to the emperor, and the imperial court attached great importance to the selection of the imperial history, and it had the right to directly impeach officials at all levels, including the prime minister and the chief of the imperial history platform, and the supervision of local officials did not need to be reported to the local governor.

In addition, the Tang Dynasty established a strict audit system - Hook Inspection. The inspection system covers all departments and local governments at all levels across the country, and there are inspections every ten, monthly, quarterly, and every year. This has played a good role in improving the work efficiency of officials and managing official documents, and is also conducive to discovering problems in work in a timely manner and correcting mistakes and omissions at any time. Strictly speaking, the inspection system is a part of the supervision system, but it also has a relatively unique form of work, and it is a very effective method to deal with lazy officials......

When he thought of the law, Zhao Yu not only had a headache, but also a headache. Because the Great Song Dynasty has not had a complete set of legal codes so far, and it is extremely chaotic. In addition, the invasion of the Meng Yuan Dynasty has lost all kinds of classics, after all, running for life is the first thing in the war, and no one still thinks of carrying those heavy and 'useless' books. As a result, the dynasty has been in a state of 'lawlessness', and everyone acts according to convention or scattered provisions, after all, no one can remember many provisions.

At the moment of life and death, no one cares so much. The line of dynasty has become what the top says, and the bottom does. And once there is a dispute, there is no evidence, you say that there is such a provision in the law, I say no, but there is no evidence, and it becomes a headless lawsuit. After arriving in Qiongzhou, Zhao Hao also discovered this problem and wanted to recompile it, but this matter is not something that can be done in one sentence, but a huge project, and can only be introduced by various ministries according to the changes in the situation.

Therefore, the relatively complete law is now only the military law revised by Zhao Hao, which has made a complete elaboration and detailed provisions on various affairs in the army, but according to tradition, this cannot be regarded as a law, and it is only a temporary provision. The other aspects of the law are still in a state of their own affairs, and it can be said that they are very confused. However, the law of the Great Song Dynasty has always been like this, and everyone seems to be accustomed to it, but he is in trouble himself, and he has to find him to adjudicate a lawsuit.

Strictly speaking, the Great Song Dynasty did not have a complete legal code at all. In the history of Chinese law, the Song Dynasty was a special dynasty because it did not have its own legal code, and some were only a "copy" of the "Song Criminal Code" of the "Tang Law". Due to the chaotic Five Dynasties and Ten Kingdoms between the Song Dynasty and the Tang Dynasty, the legal name inherited by the Song Dynasty did not follow the Tang Law, but followed the name of the Later Zhou Dynasty's "Criminal System", and as a result, there was a special "Song Criminal System". And the Tang law is used mainly for its symbolic meaning, not for its content.

Therefore, the "Song Criminal Code" became the basic legal code, while the general laws usually appeared in the form of "codification". Pardon. In the Song Dynasty, the edict referred to an order given by the emperor to a specific person or thing. The effect of the edict is often higher than that of the law, and it becomes the basis for adjudicating cases. The compilation of an imperial decree is a legislative process in which a single imperial decree is compiled into a book and elevated to a general legal form. It can be said that this is an important and frequent legislative activity of this dynasty, and every new emperor ascends to the pole or changes the yuan, it must be compiled.

In the Southern Song Dynasty, due to the lack of organization and difficulty in retrieving and using the original method of compiling according to the legal form and release time of the edict, order, style, and style, it was changed to the Chunxi period according to the content, nature, and function of the law, and arranged according to the matter, and named this style as "Article Law Category". On the basis of the parallel and compilation of the four legal forms of edicts, edicts, grids, and forms, the forms of edicts are uniformly and uniformly codified according to the classification of "matters". Pardon is a kind of imperial edict, and its status is more important than the edict; grid, a prohibition used to prevent adultery; formula, various articles of association.

In addition, there is a type called codification, which is also an important legal form and legislative activity. Among them, cases that were adjudicated by the central judicial organs or the emperor were successively used and became a common practice. Codification is a compilation of precedents that were originally provisional and elevated to a legal form with universal effect. For example, due to the image, specificity, convenience and flexibility in use, in practice, there is often a phenomenon that "although there are laws and regulations, but the officials act according to the rules, and the laws are of course but there are no examples, everything is muddy and not worked", and even jumped above the laws and regulations, causing further confusion in the legal system of the Song Dynasty.

Therefore, the Great Song Dynasty did not attempt to codify the "Song Criminal System" except for a copy, and the general laws appeared in the form of compilation. As a modern person, it is not difficult for Zhao Yu to imagine the chaos, the Great Song Dynasty is already the eighteenth, how many things happened during the period, and the edict does not know how many ways, which are often promulgated due to different times and events. If all of these are implemented as laws, they will inevitably be repeated or contradictory, and they will become anachronistic due to changes in the situation.

Originally, Zhao Yu was going to discuss the country's affairs as a major event after entering Lin'an, so as to unify the country's decrees, but he was 'recuperated', and the matter was naturally put down. Thinking about the problem of officials today, he felt that it should be implemented as soon as possible, and that the relationship between the two could be redefined in the form of a system; Officials of the two types do not have to be unable to see things because they do not know the laws and regulations, so as to reduce their dependence on the officials; The three constrained the behavior of officials and the common people through the law, and reduced social conflicts.

However, Zhao Yu also understands that it is not easy to formulate and revise laws, even in modern times, it takes years from the proposal to the implementation, let alone in ancient times. What bothered him was that the revision of the law himself did not count, although it was called 'edict', all the edicts were promulgated in the name of the emperor, and the power to revise the edict was actually in the hands of scholars who were well-versed in the law.

Don't think that the emperor "exports into an edict", what the emperor says is the law, but in fact it is not like that. The imperial court had a special organ responsible for revising and compiling laws, called the "Detailed Compilation Office". In the process of compilation, each legislator can give comments on the draft, but the promotion and refinement officer has the power to finalize the draft law.

Secondly, after the Revision Bureau initiates the legislative process, the imperial court will use the powder walls scattered all over the states and counties to publish a list to announce the world and solicit legislative suggestions. Everyone can go to the yamen to submit a letter to put forward a reasonable proposal, and the state and county governments collect it and send it to the Jingshi Jinju Yuan with a "rush delivery", and then the Jinju Yuan will hand it over to the "detailed rebuilding of the Imperial Decree". Whoever proposes to be adopted, "that is, Bao Ming Shen court, begging and pushing grace". Finally, after the code was approved by the emperor and came into effect, if the people found any defects in it, they could also report the gains and losses of the law to the imperial court and recommend revisions......