Chapter 967: Independence of Legal Power and Three Shackles
This is the drunkard's intention not to drink, and the abolition of Honglu, Dali Temple, and the Criminal Department is not because Liu Xing wants to innovate independently, but in order to cut off the old divisions, draw their rights, and redistribute them to the newly established government departments after disrupting. Pen × fun × Pavilion www. biquge。 info
After understanding Liu Xing's true intentions, the group of Confucian scholars led by Mr. Yang Shi once again showed a faint hint of shame on their faces.
Those ministers who had read poetry and books did not understand until this moment that Liu Xingfang's words did not really completely deny the merits of his predecessors, but only broke a tacit truth between monarchs and ministers in previous dynasties: the way of the king, the king does not make the ministers harmonious, so that they can sit in the middle.
It is a knowledge that the royal children of all generations have to learn from the beginning of their studies and sensibility, and it is not something that ordinary people and scholars can easily know. It's hard to know, let alone learn?
Therefore, the rulers of successive dynasties will regard the way of kings as the strongest killing weapon for them to grasp the power of the world, and pass it on and use it from generation to generation. It is also the continuous use of the way of the king that has the fundamental reason for the overlapping of powers such as Dali Temple and the Criminal Department, and the long-term struggle for power and inability to be harmonious.
But here in Liu Xing, what is needed is to really unite as one, and everyone to collect firewood to burn the flame of the Great Song Dynasty high, and there is no need for a court that fights every day.
And although Liu Xing has been in power for so long, he has never forgotten his original intention. When others don't forget their roots, Liu Xing has never forgotten his roots. In the depths of my nature, I still want to be a carefree person.
Because he has not forgotten his original intention and has not lost his nature, sooner or later Liu Xing will really hand over the supreme power in his hands to someone who can take over, just like Ma Kuo replaced Zong Ze today. Ma Kuo has ascended the throne, and his life will not be long, and Zong Ze can also wait for the summons of the Ten Palaces Yama with peace of mind.
Of course, everything is to make a smooth transition, and Liu Xing can not only make the post of second assistant and now the deputy prime minister change smoothly and smoothly, but naturally he will not cause panic and confusion in the government and the opposition when he gives up power in the future.
It's not that you don't hand over power, it's just that the time has not come. After hearing this meaning in the words, all the courtiers fell into an infinite reverie.
What are those people thinking? What I am thinking about is who will succeed Liu Xing in the future to take charge of the supreme power in this world? Is it Ma Kuo? Or is there someone else......
No matter what those people think, who can replace him, at this time, Liu Xing does not have the most suitable person in his heart. There is no really suitable candidate, and Liu Xing will naturally not be in a hurry to find a real successor.
In the hearts of the courtiers, Liu Xing gave an answer to Mr. Yang Shi's third question.
Abolish the criminal department, divide the legal weight, clarify the subordinates, and perform their duties. First of all, even if the Criminal Department is abolished, there will be no chaotic situation in the judicial power of the DPRK and the Central People's Republic of China.
The powers of each division will be clearly divided, and there is no need to add more embellishments to this point, and there is only one conclusion, that is, there will be no competition for the right to handle the case that Yang Shi feared.
As for whether the ICAC will be merged into the cabinet, Liu Xing's clear answer is no. Not only will the ICAC not be integrated into the Cabinet, but the two new departments of legal competence of the Supreme Court and the Supreme Public Prosecutor's Office will also be independent of the Cabinet.
For the first time, Liu Xing clearly put forward such a definition.
What is legal independence? The definition given by Liu Xing is that from now on, legal power must be separated from political power and legislative power, and no one may be deprived of life, liberty and property without legal power and due legal procedures.
For a long time, in the ruling system of the dynasties of the Central Plains, the legal power was never really independent of the cabinet. What does Liu Xing have to do to achieve this clear definition?
The method is simple and straightforward, that is, those who serve as the chief officials of the Supreme Court and the Supreme Procuratorate will be given the title of cabinet colleague in the future. Although he was added to the cabinet with the title of governor, he did not join the cabinet and only met with the court.
Above the court, even Liu Xing himself can only intervene in the face of the Supreme Court and the Supreme Procuratorate. When the Supreme People's Court and the Supreme Procuratorate concluded their cases and gave a result, even Liu Xing himself could only challenge and file a review without the right to force or change the verdict.
Of course, this does not mean that the Supreme Court and the Supreme Procuratorate have completely become an independent kingdom from now on, and everything is subject to the decision of the chief official.
In handling cases at lower levels, before a final conclusion is given, higher-level officials are not allowed to interfere in the handling of cases without authorization, make judgments or even directly go to the higher officials to handle their cases in a noisy manner on behalf of the lower officials.
Anyone who trespasses this rule is regarded as a violation of the law. Once a lower-level official reports to the General Administration of Integrity and the Supreme Procuratorate, the person involved will be dismissed from his post at the slightest, or severely punished with a criminal punishment and inevitably confiscated or compensated to the injured party involved in the case.
In other words, the officials of the Supreme Procuratorate and the Supreme Court have jurisdiction over their subordinates, but have no power to dispose of them. All judges and prosecutors will be appointed by the Chief Cabinet and all ICAC officers in person.
Everyone has the right to face the head and the assistant, and everyone has the right to report and investigate all the people in the government and the opposition.
This right is inviolable, and it is even more permissible for retaliation. Once it is discovered that someone retaliates or retaliates for personal gain, it will be a capital crime and will never be exempted......
But what? This independence of legal power is only for the independence of the cabinet, and not for all functional organs. At least when it comes to the Council, its powers are not truly fully autonomous.
The laws enforced by the two houses of law are submitted by the Ministry of Justice and agreed upon by the Council. Since the law to be enforced is determined by the Senate, once the Senate members discover that the trial process is illegal and the verdict is unfair, the Senate also has the right to jointly initiate an administrative review or review by three or more people.
If it is found that the judge or prosecutor handling the case has really gone wrong, the counselor has the right to request recall.
At this point, Liu Xing proposed a new set of rules that no one had heard of in the Manchu court: the officials of legal power could only be appointed after consultation and voting, and the officials of legal power who violated the law or violated the law could exercise the power of review, review, and recall by consulting the courtiers.
"The legal power is independent, people-oriented, the two houses are one office, and the world is the public. Anyone who is in chaos can be reported, and anyone who violates the law and who is the spokesperson of the people's rights will be accepted. ”
"Coax ......"
After Liu Xing's words, there was an uproar in the court.
Everyone understood that in the future, although the power of the two houses and the office is so great that the cabinet and even the deputy prime minister will not have the right to directly interfere in their handling of cases.
But at the same time? The right to nominate is in the House of Representatives, the power to vote on appointments is vested in the Council, and the power to make final appointments is vested in the first assistant, which is tantamount to directly putting the shackles of three regulatory shackles on those legal officials. (To be continued.) )