Chapter 1348: Liquidation
Legal reform is He Ye's decision, not a means for Eleven Niang to take revenge, so when Lu Li was alive, he had actually gathered a group of like-minded people to draw up a detailed charter on how to change, and at this time, in fact, it only needs to be formally implemented.
Of course, the Empress Dowager Party is stubbornly resistant, Feng Jizheng hesitates between interests and reputation, and it is inevitable that he will not have enough confidence to look forward to the future, and the team of Eleven Niang and He Ye plus the strong support of the orthodox system, They quoted scriptures and dictionaries and worded resolutely, and discussed several times, criticizing the opposition decently, which can be said to clear the obstacles and gain the upper hand.
On the one hand, because Chi'er, the crown prince, is resolute, and his advocacy is not just because he obeys the queen, the orthodox faction sees that although the prince is weak, the wording can also conform to the social road, and it is not similar to Emperor Mu Zong, who has no opinions and is arbitrarily manipulated by others, which makes the ministers happy. On the other hand, it is also because the new law can indeed reduce unjust imprisonment, which is conducive to the people to live and work in peace and contentment, after the reform, even if the traitors can not be completely eliminated for a while, but the perfect legal system is enough to restrain the corrupt eunuchs from bullying the people and trapping the innocent, which is in line with the political goals of all loyal and virtuous ministers. Enjoy the high-ranking officials, show off their might.
It is difficult for even officials to be treated fairly by the imperial court, let alone ordinary people?
In fact, the new law drafted by Lu Li is not to negate the existing laws one by one, but to improve the loopholes in the judicial process.
If the powers of arrest, interrogation, and sentencing are divided, and in the future, the Lieutenant Division and other organs will only be responsible for arrests, but will not have the power to adjudicate cases, and the judges will be responsible for trials, and the judicial department will be in charge of judgments, and the functions of the three divisions will be differentiated, and it will not be possible to completely put an end to collusion to frame innocent people, then more restrictions must be imposed on trials.
If it is a criminal case, at least two courts should be set up at the time of trial, and the trial should be conducted twice: in the first instance, the identity must be verified, the evidence must be verified, and the confession must be recorded, which is called inquest; When the second-instance trial receives the case file, it must be questioned again from beginning to end, and it is called a record of questioning and consideration of the prisoner.
In addition, it is stipulated that in the case of a second-instance trial at the first level of the prefecture, a judge must be seconded to a neighboring prefecture, and if it is a death penalty case, the chief and deputy governors must be interrogated collectively with other officials. If the second instance is in Beijing, it will be tried by the Imperial Historical Observatory. And during the interrogation, the presiding judge must announce to the defendant: You have the right to complain.
Finally, the adjudication organ will determine the decision, and there are four procedures: first, a judge will find out the applicable law, which is called the procuratorate; Then another judge writes the verdict, which is called the proposed verdict; Then a collegial panel is formed by officials at the same level, which is called review; Finally, the prefect approves and signs the judgment.
In the above-mentioned process, the officials who investigated, interrogated, and prosecuted the law could not meet, and the defendant could appeal within three years if he was not satisfied with the verdict. If the person or his family members complain about injustice at the time of execution, they will be sent to another judge for a retrial, and the offender will have the right to overturn the case three times.
In any case, in any procedure, the official in charge must sign the record, and if a person complains about injustice, it is found that there is a torture into a confession, or a violation of judicial procedures, etc., the handling official will be held accountable.
In this way, it is necessary to change the malpractice of administrative officials interfering in the judiciary at will formed in successive dynasties, so that the status of judicial officials can be improved, and more scholars from poor families can be promoted, and the control of high-ranking officials and important positions must be further weakened.
However, the enactment of laws and regulations is one aspect, and the most important thing is to truly implement them, and the reform of the legal system, like the reform of the tax system, will by no means be achieved in a day.
And when Shi Niang discussed the details with He Zhan, she saw the handwriting that her old friend was extremely familiar with, and she was still inevitably sad, so at this moment, she only finished half of her words, and then had to pause temporarily, look away, and calm her emotions.
Of course, He Shishi would not be surprised: "Fifth sister, this is thinking about people again." ”
"Yes, spring comes and autumn in a blink of an eye, and in the past year, sometimes I still can't adapt, Brother Lu is no longer alive, I'm too used to him accompanying and assisting." Eleven Niang wanted to drink tea, but she didn't have time to touch her lips but put it down, and opened Lu Li's handwritten letter before her death, with a melancholy expression: "Legal reform, amending the law, can be described as Brother Lu's last effort, sometimes I feel deeply regretful, but unfortunately he did not personally preside over this matter at this time, and then I thought about it, Brother Lu volunteered, he was not in the court economy, and now he is free, why should I regret him?" In his life, he treated me with sincerity and affection, and the things he really regretted were my hard heart and had no return. ”
He Zhan pursed the corners of his lips: "Fifth Sister thinks that the ambition of Xuan really lies in the hidden landscape and countryside?" ”
actually picked up a "Xue Lang Book", stretched out his hand and knocked on the queen's head: "I know that the two of you, when you were young, planned to build a mountain villa in Nanshan, cultivate a few acres of mountainous land, follow the example of a hermit, and live a life of poetry and wine, but Xue Gong was very important to his children and grandchildren, and he was filial, how could he live up to the hopes of his relatives?" Even if there are no later changes, Xuanzhi also knows that the fifth sister's temperament is bound to refuse to be greedy, ignoring the teachings of the family patriarch, and living as a hermit, it is just the dream of the fifth sister when she was young. ”
Seeing that Eleven Niang stared at him with wide eyes, He Shishi actually knocked again: "In the final analysis, Xuanzhi is just fulfilling the wishes of the fifth sister, and the fifth sister later, she thought about revenge, which also became Xuanzhi's will. Although I didn't say goodbye to Xuanzhi, I also knew that before he passed away, he would be safe, and the fifth sister should indeed no longer regret Xuanzhi. ”
suddenly resumed a serious posture: "Deliberations, the fifth sister can not live up to Xuan's hard work, let alone the entrustment of the Son of Heaven, not to mention that there has been a head-to-head confrontation with Wei Haichi, and there is still leisure to be sad and sad?" The older you get, the more hypocritical you become? ”
It is indeed a busy government affair that cannot afford to be missed.
Legal reform is different from the tax system, the key is not to deter interest groups, for the common people, the benefits are not so obvious, in addition, no matter what kind of reform, the system is used as a program, the success or failure actually lies in the implementation of the person, so for the appointment of judicial officials at all levels is more important, in order to smoothly promote, at least Wei and Feng's party traitors should not be appointed, in the middle to provoke chaos.
This matter is busy enough, not to mention that Shi Niang also plans to eliminate Wei Haichi's diehard henchmen first through legal reform.
The reform is not a day's work, and it is urgent to encourage the people to sue for lawlessness, so that those who have been bullied for many years because of Wei Haichi's ruling appointment and corruption firmly believe that justice can be reclaimed, so that they can dare to sue for grievances, and only then can Eleven Niang launch this vigorous liquidation movement, which eventually led to the resignation of Xie Raoping and Wei Yuanping, and completely destroyed the queen mother's camp.
"Feng Mei's case has caused the court to shake, although he has not committed the crime of rebellion, but it can also be tried by the Yushitai, the Criminal Department, and the Dali Temple, and he will be executed immediately. He Zhan suggested.
Eleven Niang chuckled: "It's exactly what I want." ”