Chapter 400 Ma Guangzu said: "Your Majesty, according to the statistics of the Ministry of Household Affairs as of the end of October, although the excess of this year's tax collection task is a foregone conclusion, this year's military expenditure has far exceeded the estimate at the beginning of the year, and if the budget for November and December is added, the military expenditure for the whole year is expected to exceed the original plan by more than 40 percent, and this is also the only department that seriously exceeds the standard. Please instruct Your Majesty to continue to support it? ”

I didn't answer directly: "Lu Aiqing, does the Military Affairs Yuan know about this?" ”

Lu Xiufu hurriedly came out and played: "Back to Your Majesty, the minister knows about this, and more than eighty percent of the excess part comes from the weapons supervisor. ”

The production of muskets, artillery and other firearms is like eating money, and with the addition of Wan Yan Tianlei, Zhao Yuncong and others, the technology of the Gunpowder Supervision has been greatly improved, and the output has exceeded the originally estimated limit. The DPRK and China have always had different opinions on the huge cost of firearms, and even military figures have opposed it, including Zhao Kui, who had just passed away, Shi Yanzhi, president of Lin'an Military University, and many other veterans. No one knows how useful firearms will be, but the investment in advance is a bottomless pit that everyone can see.

I nodded and said, "I know about this matter, Ma Aiqing, and I will give you an answer after I consider it." ”

"Yes, Your Majesty."

Naturally, Tobe knew my attitude towards firearms, so he had always turned a blind eye to the overspending of the Military Affairs Yuan, but this time the statistics showed that the excess was too large, so he asked me for instructions.

In order not to bother with words, I did not directly tell Ma Guangzu at the court meeting that I agreed with the overspending of the firearms superintendent, but planned to notify the household department privately after the meeting. Of course, the more firearms, the better, and there is no way to spend more money.

"Your Majesty, the minister said that you have a book."

"Qian Aiqing, please speak."

"Your Majesty, the minister has tried the jury system for nearly two months in Lin'an Mansion to decide cases, but the minister thinks that this move is really inappropriate, so he dares to suggest that His Majesty cancel it."

"Really?" I frowned slightly, "Why is that?" ”

This is the first time in the past year that a minister has directly rejected my proposal at a court meeting.

"Your Majesty, after two months of trying, the minister found that the jury system has more disadvantages than advantages, and the disadvantages are mainly the following two points, first, because the jury system consumes a lot of manpower and material resources, the procedures are complex and cumbersome, and the trial time is long and protracted, which is not conducive to the rapid and timely resolution of disputes or cases. Secondly, as the jurors who are members of the jury, since most of them do not have knowledge of the law of our dynasty, there is no guarantee that their determination of evidence and facts will conform to the provisions and spirit of the law. ”

The unspoken friend secretly looked at me and continued: "Your Majesty, the minister thinks that the starting point of the jury system is good, but because the quality of the people in our court cannot reach such a state for the time being, the time is not ripe to introduce the jury system. ”

"Hold?" I thought for a while and asked, "Qian Aiqing, how do you think we should avoid misjudgments and misjudgments in the process of adjudicating cases?" ”

"Your Majesty, in the past two months, the minister has had a lot of contacts with the Criminal Department and the Law Department, and the minister believes that the legal lawyer system can be promoted."

"Lawyer? Qian Aiqing, tell me in detail. ”

The ancient lawyer can be said to be the predecessor of the lawyer of later generations, China's lawyer first appeared in the Spring and Autumn Period and the Warring States Period, when Zheng Guo had a politician named Deng Xi, whose debating skills were unrivaled, although Deng Xi was killed by the ruler, but he was regarded as the originator of the lawyer's profession. However, in the slave society and feudal society, the "lawyer" is often regarded by the ruler as an unstable element that affects social harmony and picks up lawsuits, and is not liked by the upper class.

"Yes, Your Majesty." "Since ancient times, lawyers have been intolerable to those in power, and have been repeatedly suppressed at the legislative level, for two reasons: first, thousands of years of traditional culture believe that power is supreme, and do not recognize that there are conflicts and contradictions between power and rights, and the sense of power has completely replaced the consciousness of rights, so the lawyer is not allowed to be in power in the first place; The second reason is that most of the lawyers in the past have been able to speak well, often resulting in the reversal of black and white, which is the so-called "manipulation of two can be said, set up infinite words", and can "persevere for a reason, and make a reason". In our dynasty, especially in recent decades, the contempt and even punishment of litigators has gone too far, and every time a case is concluded, many governments almost always have to handle a litigator first, which has become an unwritten officialdom rule. ”

The more he spoke, the more energetic he became, and he obviously did his homework in advance: "Your Majesty, although the laws of our dynasty are constantly improving, and in the past year or two, the Law Department has formulated many new regulations, but most of the people only know it but do not know why, they can only judge whether it is legal or not with their own simple concepts, and when they encounter lawsuits and disputes, they can only passively accept the judgment of the government, precisely because they do not understand the law, so they do not know where their rights are. Relatively speaking, the number of literate and literate people in our dynasty is very small, and most ordinary people can't even write on paper, so where can they be compared to officials at all levels who chew words every day? Since His Majesty ascended the throne, he has continued to implement the principle of acting according to the law, and the importance of the law will become more and more prominent, and it is impossible for the people to understand the law thoroughly, so the minister believes that it will be more effective than a non-professional jury when lawyers with this expertise should be allowed to participate in the trial of government cases legally. ”

"Qian Aiqing, are you done?"

"Back to Your Majesty, the minister is finished."

"Okay." I said lightly, "Ladies and gentlemen, there are not many things to do at today's court meeting, so let's discuss Qian's proposal together." ”

Jiang Wanli was the first to come out and said, "Your Majesty, the minister opposes Lord Qian's proposal. Your Majesty, most of the lawyers are people who have a bad career, they have a strong two-facedness, they are likely to play the role of a 'provocative lawyer' because of their financial interests, and they may also win the honorable title of a lawyer because of their legal rights. However, the activities of litigators are inseparable from the concrete material basis, which will lead them to lose their sense of justice and thus confuse right and wrong, and at the same time, litigators will also add extra work to the government's adjudication of cases, so even the emperor Shengming of the Han and Tang dynasties did not legalize the litigator system. ”

"Master Jiang is right." Many ministers in the palace expressed their support for Jiang Wanli.

"The minister agrees with Lord Qian's proposal." In the back of the main hall, an official named Jia Hyun Weng came out and said, "Your Majesty, the minister thinks that as a lawyer, he does not treat every lawsuit with his own sense of justice, not to mention that everyone has a different understanding of justice and injustice, since the law has been formulated, then the law should be used as the standard, what conforms to the law is right, and what violates the law is wrong, this is the justice and injustice of the lawyer." In other words, as long as it is in accordance with the law, even if everyone thinks it is wrong, it should be right, and vice versa. If this happens, it only means that there is something wrong with the provisions of the law, and unless the provisions of the law are amended, they should be implemented to the letter. ”

This Xuan Weng is in his fifties, seven feet long, with a strange appearance, and he is elegant in his majesty. Jia Xuanweng once served as the governor of Changzhou, and was sentenced to prison in eastern Zhejiang, and is now the Shaoqing of Dali Temple and the Secretary of the Law Department.

Jiang Wanli said: "My lord, in your opinion, you know that the law is wrong, do you need to implement it to the letter?" ”

"Master Jiang, that's exactly the case. During the Spring and Autumn Period, the Guan Zi of Qi once said that someone did something wrong, but did not violate the law, and he could not be punished, on the contrary, someone did a good deed, but he broke the law, but he should be guilty. Mr. Jiang's words also warned Jia that in addition to formulating new regulations that are in line with social development, the task of the Law Department is to constantly revise the original legal provisions and be as just and equitable as possible. ”

Ma Tingluan, the secretary of the Ministry of Rites, couldn't help but say: "Minister Ma Tingluan agrees with Lord Jiang, as a profession, litigation must be based on profit first, so it is naturally difficult to be fair. ”

"Your Majesty, the minister Tang Han also agrees with Lord Jiang, since ancient times, there has been no explicit provision in the law, saying that the lawyer has the legitimacy to defend others."

"Chen Hong Tianci also agrees with Lord Jiang."

"Master Tang, although it cannot be said that the lawyer's defense is legitimate, the laws of the previous dynasties do not explicitly prohibit it." Ye Mengding retorted.

Tang Han said: "Lord Ye, although the laws of the past are ambiguous about this, the punishment of the lawyer is the same, the law of the previous dynasty "Tang Law." There is a relevant provision in the "Fighting Lawsuits": 'If you are a person who makes a speech, and adds to it, it is not as good as the person who is accused, and you will be punished with fifty lashes.' If the crime is increased, the false accusation will be reduced by one degree. This shows that the law of the Tang Dynasty is also opposed to the profession of lawyers. ”

Ye Mengding said: "Master Tang, society is progressing, and the traditions of the ancients are not all right. His Majesty once said that in order to keep pace with the times, only by preserving the essence and removing the essence is the best inheritance of the traditions of the ancients. ”

After hearing this, Tang Han said with a little excitement: "Could it be that Lord Ye meant that we would wait for us to do a rigid job?" ”

Ye Mengding smiled: "Master Tang, Ye didn't say that. ”

I saw that there was some gunpowder in the hall, and I hurriedly said: "Ladies and gentlemen, I have said that the hall is in the hall, and the matter is not the right person, no matter what attitude you have, you can speak freely, but you must not hurt everyone's harmony because of differences of opinion." ”

"Yes, Your Majesty."

After the hall quieted down a little, Chen Wenlong came out and said, "Your Majesty, the minister has a play." ”

"Well, Chen Aiqing, please speak."

"Your Majesty, the minister thinks that when you first figure out the reasons for the pros and cons of the lawyer's problem, and then analyze it, it will be relatively easy to find the answer or solution."

Chen Wenlong is very knowledgeable and is also a person who is good at verbal debate, so I smiled and said, "Then you can tell me about it." ”