Chapter 54 The punishment is light and heavy
When Zhu Youxiao came to the villa, Xu Guangqi, Ye Xianggao, and Sun Chuanting were all there. Zhu Youxiao said curiously: "Sun Qing actually has time to come to Beijing Normal University? ”
Sun Chuanting said with a smile: "It just so happens that today's business is almost done, I heard that some classes in the research institute are very interesting, and I want to come and listen to learn something." ”
Zhu Youxiao nodded and said, "Indeed, it's always good to learn more." Today I thought of a question, there are a lot of confusion, I want to come to consult Mr. Ye Shihe, you can also listen, see if there is any good way. ”
Sun Chuanting said: "Follow Your Majesty, and the minister can learn more." ”
Zhu Youxiao ignored this blunt sycophant and said: "I think that the structure of our court is a little unreasonable, and I want to let a department be responsible for adjudicating cases, but I can't find so many people who can try cases for a while, can the secretary teach me?" ”
Ye Xianggao asked: "Your Majesty, now that there are three legal divisions in the trial of cases, they can supervise each other, isn't it better than one department trying cases?" Xu Guangqi and Sun Chuanting also felt that this was the case, and they didn't understand why the emperor wanted a special department to try the case.
Zhu Youxiao said: "The trial of the three law divisions will only happen in the capital. The three sessions can indeed supervise each other, but there will also be some situations, such as everyone does not want to take responsibility, or there are different opinions between each other, which is often based on the level of the official position, which is not good. And below it is even worse, and only the general judgment is the full-time trial of the case. In the county, only the county order will try the case, and the county will assist, which is not good. The county magistrate is generally a jinshi and learns articles and poems, so how can he be proficient in law? ”
Ye Xianggao said: "There will also be a patrol of the imperial history below, and they can also try the case." However, what His Majesty said is very reasonable. Some officials only know poetry and articles, and they don't know anything about civil affairs, let alone adjudicating cases. Xiaomin has been wronged, and there is really nowhere to redress. ”
Xu Guangqi asked: "Then Your Majesty means that a department will be specially assigned to manage the trial, and then this department will set up agencies in each prefecture and county to manage the trial, so that officials such as county orders will no longer manage the trial of cases?" ”
Zhu Youxiao said: "That's what I mean, I mean that Dali Temple is responsible for adjudicating the case, the Metropolitan Procuratorate is supervising, and the Criminal Department is responsible for handling the case." Dali Temple has set up branches in all provinces, prefectures, prefectures and counties, which is the so-called vertical management. ”
Several people quickly understood the meaning of vertical management, and they all thought that this method was good. Ye Xianggao asked, "Since Your Majesty has this idea, then it is okay to issue a holy decree?" ”
Zhu Youxiao said: "What's the use of just promulgating the holy decree? Where do the people who hear the case come from? ”
Ye Xiang Gao Qi said: "It turns out that there is a county magistrate who hears the case, and the general judgment and the imperial history are patrolled?" Wouldn't it be okay to let them all belong to Dali Temple, and then send them below? ”
Zhu Youxiao said: "These people are not professional, I want to train a group of students who specialize in law in the official academy first, and then set up such an institution, but I feel that some of our laws should be revised, so it will take a lot of time." I roughly calculated that even if it was one year to revise the law, and even if it was three years for a student to study law, it would take at least four years. And I thought that the sooner this system was realized, the better, so I didn't know how to solve this contradiction, so I came to ask the secretary. ”
Ye Xianggao said: "Your Majesty, the minister knows what Your Majesty means to seek perfection and goodness. But the minister thought that we could first reorganize the organization, and at the same time change the law and recruit students. In the past, everyone used the county order to try the case, and there were not many leaks, so couldn't it be in the past four years? ”
Xu Guangqi also said: "Your Majesty, don't be too anxious, although Daming has some problems, it is generally good." In particular, we are now completely under control of the situation in Liaodong, and our Guards are constantly growing, which ensures the security of the entire country. Lao Ziyun, governing a big country is like cooking a small fresh, too urgent in fact, the effect is not necessarily good. The ministers are dying, but watching my Ming Dynasty get better day by day, I am very pleased, Your Majesty is prosperous in the Spring and Autumn Period, and it will inevitably build the Ming Dynasty into a great empire that is better than the Han and Tang Dynasties, why rush for a while? ”
Zhu Youxiao smiled a little embarrassedly: "Yes, I am very anxious. Always thinking about waking up, Da Ming has become what I hoped. The young man still couldn't hold his breath. ”
Ye Xianggao said with a smile: "It is this that young people are better than old people, they have momentum, they have ideas, and the old ministers were also young at the beginning, and they also wanted to assist the first emperor to build the Ming Dynasty into an empire of peace and security, but they ran into walls everywhere." Slowly my heart faded, fortunately in the year when the old minister was waiting for the sixtieth birthday, he could still meet a master like His Majesty, which was really a blessing for the Ming Dynasty. ”
Sun Chuanting said with deep feelings: "Your Majesty has only been on the throne for more than four years, and my Daming has made progress in all aspects that I couldn't think of before. ”
Zhu Youxiao smiled: "Here it is again." Then, as Master Ye said, listen to the opinions of the ministers at the next court meeting, and then carry out the reform. The branches of this Dali Temple in various places are called the county court of a certain prefecture, and such a name should allow the people to know its function at a glance. How about the officials inside being called judges? ”
At the next court meeting, after all departments reported the basic situation during the week, Zhu Youxiao said: "I am going to adjust the scope of responsibilities of some departments, and I want to listen to the opinions of the audience. ”
Sun Chuanting said: "Dali Temple is specially responsible for hearing cases and has set up branches in various provincial capitals. The Criminal Department is responsible for apprehending the perpetrators and providing evidence of their crimes. The Metropolitan Procuratorate is responsible for supervising the Dali Temple and the Criminal Department to prevent the violation of the law. ”
When the ministers heard this, this obviously weakened the authority of the criminal department and increased the importance of Dali Temple. In the past, although the Dali Temple, the capital of the Imperial History, the General Political Envoy of the General Political Envoy and the Six Shangshu were called Jiuqing, they have always been weaker than the Six Ministries, so it is more important than the Criminal Department.
Zhu Youxiao said: "The so-called trial of the case refers to the conviction of people in Dali Temple according to the evidence provided by the Criminal Department and in accordance with the laws of the Ming Dynasty. They only judge whether the person has committed a crime and what punishment should be given according to their crime, which requires them to be very familiar with the laws of the Ming Dynasty. And my Ming laws include "Da Ming Law", "Ming Da Huo", "Questioning and Punishment Regulations", "Ming Hui Dian" and so on. They must be familiar with so many laws and decrees, and insist on judging according to them. ”
"And I think that all the laws can be re-codified and a new "Da Ming Law" can be formulated, and this matter will be handled by the Hanlin Yuan, but there is a principle in our law, and I think it can be revised, that is, the principle that the punishment is light in the world and the world is heavy."
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