Chapter 1304 Judicial Reform Charter
What does this comment of the Son of Heaven, coupled with the fact that the minister on duty circulate, represent?
There may be many meanings in different excerpts, but in this matter, everyone can guess the meaning of the Son of Heaven: I am ready to agree, but I can't agree directly, you have to persuade me, and then improve the relevant regulations, so that I will agree!
Everyone is not stupid, why did the Son of Heaven leave so many excerpts from many ministers before, but this time why did he approve the words and let the minister on duty circulate them.
This shows that there are no three hundred taels of silver here!
At this time, if the big guy still doesn't know what the Holy Son of Heaven wants to do, then don't mix up with the Tang officialdom, just go home and farm!
As a result, many people who supported judicial reform flew into the palace like snowflakes!
In an instant, many important ministers pounced on them as if they had seen a bloody text!
And then they went up to the fold and expressed their opinions on the independence of the judiciary?
What's the opinion?
Naturally, it is an opinion in favor of the independence of the judiciary!
Many people still put forward many proposals for judicial reform, trying to leave their mark on this judicial reform, and it is best to be able to get the attention of the Holy Son of Heaven.
It's just that Li Xuan didn't personally give any instructions on the follow-up excerpts, but transferred all the excerpts to the imperial study for review.
On the surface, it was for the imperial study to review, but in fact, smart people could see that the Holy Son of Heaven wanted the imperial study to come forward and come up with a detailed judicial reform charter.
And the detailed charter needless to say, it must be the ones that Li Xuan hinted at before!
From beginning to end of this matter, in fact, Li Xuan did not publicly say even a word of judicial reform, at most, when he summoned his courtiers, he hinted at a little content, and his public statement was only three words: "I know"
is just these three words, but it is the biggest judicial reform after the unification of the entire Tang Empire in China!
Since the establishment of the Tang Empire, in the early days, that is, during the Anjian period and the Huangzhushan period, there was actually no perfect judicial system.
It was after Li Xuan established the nine-ministry system that he came up with the Inspectorate, but at that time the Inspectorate belonged to one of the nine ministries, and before the unification, Li Xuan once again adjusted the official system, made the Inspectorate independent, and established the Grand Court, and then set up a full legal department in the cabinet.
This is the initial formation of the judicial system of the Tang Dynasty.
However, this judicial system is too much involved with ordinary administrative agencies, and the main reason for this is that although the personnel transfer of the three major organs of patrol police, inspectors, and courts are ostensibly self-contained.
In practice, however, it has not been implemented, and officials from the three agencies are transferred to each other and from other departments to work in the above-mentioned bodies.
In particular, there is a great deal of turnover between the patrol and inspectorate and the Ministry of Justice.
At the same time, there is another point, that is, the dual leadership system, the local governor, the prefect and other top leaders have power over the inspectorate, courts, patrol police and other institutions in the jurisdiction.
This point is very different from the Ministry of Taxation!
Although the Ministry of Taxation seems to be in the cabinet and belongs to a department of the various ministries of the Cabinet, its independence is very high, and the officials of the Ministry of Taxation only circulate within the Ministry of Taxation, except for the reform of the Ministry of Taxation, the financial department and other institutions under it are divided, and then belong to the Ministry of Finance, when the customs becomes independent and becomes a separate General Administration of Customs, which leads to a large number of officials of the Ministry of Taxation leaving the system of the Ministry of Taxation, and then entering the ordinary administrative system.
Very few people are able to leave the tax department and work in the executive branch.
Of course, a special person like Chen Lifu is not counted, he broke away from the Ministry of Taxation and was transferred to Xingquan Mansion as the prefect, which belonged to Jian Zaidi's heart and Li Xuan's personal orders.
As for the later transfer to the finance department, it was an exception.
The turning point of his career was that he was personally instructed by Li Xuan, and then separated from the Ministry of Taxation and entered the ordinary administrative department, from the prefect of Xingquan Prefecture who only served for half a month and did not take office, to the deputy director of the Financial Department of the Ministry of Finance, and then was transferred to the Tongzhi of Songjiang Prefecture after the reform, and finally served as the county magistrate of Shanghai Special County, becoming the leader of the largest city in the Tang Empire.
If he does a good job in Shanghai, after his term expires, the next step may be to be promoted to a third-grade company.
And from Sanpin, he already belongs to the ranks of high-ranking officials in the imperial officialdom, and he can return to Gyeonggi to serve as the director, and if he is placed in the locality, he can also serve as a Taoist.
This Taoist does not refer to the Taoist of the four provinces of Zhili, the Taoist of the four provinces of Zhili, belongs to the ranks of the feudal ministers, and the grade has improved compared with the beginning of the establishment, and now it is the third grade, which is one level lower than the second grade of the provincial governors.
The Taoist in the provinces is not the great history of the feudal territory, but there are several kinds, one is the subordinate official of the provincial governor, the grade is from the third grade, and the political status of the provinces of hell is the political envoy, according to the inspection envoy, higher than the head of the department, the prefect of the province, and the provinces usually have two or three Taoists.
Its main responsibility is to assist the governor in charge of the subordinate prefectures and counties!
The power structure of the provincial government of the Tang Empire was basically that the governor was in charge of all civil affairs and held great power, except for the military and taxes.
The political envoy assists the governor in taking charge of economic affairs, the procurator assists the Xu government in charge of judicial affairs, the Taoist envoy assists the governor in taking charge of the government affairs of the prefectures, and the heads of various departments and departments under the governor's yamen directly manage their own affairs.
At the same time, the Provincial Inspectorate and the Provincial Court are also under the jurisdiction of the Governor, but not with full powers, but with dual jurisdiction with the Central Inspectorate.
There is actually only one permanent institution that really has independent authority on the ground and can not even be a governor, and that is the Provincial Tax Department.
Judging from the general promotion of imperial officials, Chen Lifu is very likely to become a third-grade official in the next step, and as for the specific positions, the situation of ordinary Taoists in various provinces is relatively large, and it is also possible that he will be transferred to the central government as the director of some less important institutions.
But even so, it belonged to the ranks of high-level officials in the empire, and it belonged to the opportunity that countless middle-level officials dreamed of.
After all, the higher you go, the more difficult it becomes.
At the level of middle-level officials, people with many positions, strength against the sky, and good luck are estimated to take a few years to soar all the way to the fourth grade, but if they want to enter another level and become a third-grade official, they can be called high-ranking officials, so even people like Chen Lifu have to endure hardship.
Of course, Chen Lifu can be promoted after staying up for enough time and accumulating enough qualifications, but for the vast majority of middle-level officials, there is no such thing in this life.
From the setting of local power institutions, it can be seen that the current judicial system of the Tang Empire is very vulnerable to interference by administrative forces.
Provincial inspectorates are subject to interference from governors, not to mention the lower state and county inspectorates, which are more vulnerable to interference from local officials.
And this kind of interference, in turn, has affected the supervision of the inspectorate!
One of the main tasks of the Inspectorate is to supervise hundreds of officials, but now it is easy to be interfered with by administrative officials, and the task of supervising hundreds of officials is naturally not very smooth.
And this is also one of the reasons why Li Xuan wants to change!
After Li Xuan asked the imperial study to deal with the judicial reform affairs, the ministers on duty in the imperial study took the lead, and the walking ministers also participated, dozens of people quarreled and quarreled, if it weren't for the fact that the Holy Son of Heaven was waiting for the result, it was estimated that there would be no result for another year and a half.
After all, although everyone knows that judicial reform is inevitable, how can it be changed?
Everyone has their own different minds about this.
But fortunately, Liu Bagou personally came forward to deter other ministers, don't make so much messy thoughts, if it affects the judicial reform, be careful that the official hat is not protected.
In the end, three days later, Liu Bagou took the judicial reform charter that had been discussed by the ministers of the imperial study to face the saint!
Li Xuan looked at the charter handed over by Liu Bagou, just simply opened a few pages and looked at the general outline, but nodded slightly, these ministers are still very knowledgeable, and basically wrote all the content he hinted at before into this judicial reform charter.
Among the hundreds of reform opinions, there are various aspects, but the two most important contents are personnel and finance.
In the past, the personnel relations between the Inspectorate, the Supreme Court, and the Ministry of Justice were basically controlled by the Ministry of Justice, but now they are taken out of the Ministry of Officials and become the personnel handled by themselves within the judicial system.
Of course, this self-handling is only limited to middle and low-level officials, and the officials of the Inspectorate above the third grade still need to be discussed at the imperial study meeting, and Li Xuan personally decides.
When it comes to the highest-level positions such as the second grade and the second grade, it is still Li Xuan's discretion.
At the same time, this reform is naturally not limited to the Inspectorate, but also the Supreme Court.
In addition, in order to make the personnel of the judicial system completely independent of ordinary administrative organs, according to Li Xuan's hints, some officials proposed to add two major examinations for the judicial officer department and the police non-commissioned officer department in the annual entrance examination.
The one of the Police Sergeant Bureau is only incidental, in fact, it is to put the existing police examination on the right track, and the changes are not big.
In the case of the law department, it is all established, basically only accepting scholars majoring in the law department to apply for the examination, and after passing the examination, the title of first, second and third class is awarded, which is equivalent to the title of jinshi and doctor.
The priests will be assigned to the Inspectorate, the courts, or the Ministry of Justice.
At the same time, it is restricted that the officials of the above-mentioned three departments can only be transferred within these three departments, and they cannot be transferred to other administrative departments without a purpose.
At the same time, the appointment and promotion of officials in the above three departments are not under the jurisdiction of the Ministry of Officials, but are managed by the fully established Judicial Personnel Bureau, which is an independent body, and the Minister on Duty of the Imperial Study is also the director of the Bureau, and the candidate for this Minister on Duty is, not surprisingly, the Emperor Shi Wu Yan of the Zuodu.
Why did Shi Wuyan support judicial reform when he died? Because once the reform is successful, he is the biggest winner!