Emperor Ming Dynasty

Chapter 975 Judiciary

"Although the administration of officials was refreshed at the founding of the country, and there were provincial examinations to make up officials as officials, how many capable officials can there be after the imperial examination?"

Sitting in the carriage going back, Zhu Jing closed her eyes and rested, thinking in her heart.

When the emperor was in Xi'an, he adopted many children, and at the same time, three clan children, Zhu Jing, Zhu Meng, and Zhu Mou, followed him.

But Zhu Jing had been with the emperor for over ten years, and the marriage was arranged by him, so he was naturally the most affected.

The idea of ​​governing the country with the people and people-oriented is deeply engraved in the mind.

In addition, he was originally born in poverty, and he empathized with him, so he naturally agreed with this, and his words and deeds were in harmony.

Although he has been away from Beijing for several years, he has a deep understanding of the Ming court.

In his opinion, among the officials who came out of the imperial examination for ten years, [-]% were mediocre officials, [-]% were stupid officials, and only half were dry officials.

As for why there are no corrupt officials, because in the court's view, it's okay for you to be greedy for money. The most important thing to be an official is to keep the people in check and let them pay taxes safely.

But if there is trouble, it can only be a dead official.

A mediocre official, step-by-step, Xiao Gui Cao Sui, gets along with the gentry in the county, and even has the upper hand, and executes the government orders issued by the court at will.

Never take the initiative to do things.

Such as building water conservancy, leveling roads, and educating the people, etc., are basically done by gentry.

Faint officials are muddle-headed and have no opinion. They are manipulated by masters or subordinates and become a tool for others to make profits, a real seal.

As for officials, there is nothing better than suppressing the gentry, appeasing the people, and being brave in doing things.

Like Hai Rui, dredging the Wusong River and the Baimao River so that they flow into the sea, the people on both sides of the strait will benefit from their business, and they will force the powerful gentry to return the land they took, benefiting tens of thousands of people.

Of course, the elders of the center are also among them.

"It's rare to find dry officials, but it's hard to save stupid officials. Only mediocre officials can try to save them."

"Nowadays, the emperor lightly corvees and pays little, and the world is peaceful, but the rule of law is the most in need of improvement."

Zhu Jing murmured: "Tong San is in charge of the local judicial power. Since ancient times, unsolved cases have been hated the most. If you train many Song Cis like this, no, one tenth of it will be enough to bring order to the world."

"The rule of law begins with me, Zhu Shisan!"

Holding this old record of redressing injustices in her hand, Zhu Jing made up her mind.

However, his first task was to go to the palace and report to the emperor.

"Come here and tell me, our Detective Zhu has shown his prestige today."

The emperor was wearing a red fox cloak, which was particularly eye-catching on a snowy day. Inside, he was wearing a yellow cotton coat and wearing a pair of warm and puffy cotton shoes. He looked very kind.

"I don't dare to specialize in merit—"

Zhu Jing knew that she couldn't hide it from the emperor who knew everything about herself, and she didn't want to hide it, so she spoke out.

After listening for a while, Zhu Yixi came to a sudden: "A small job can solve this tricky case. If it weren't for him, you would have to judge him to abscond in fear of crime."

"However, why is the Record of Cleansing Injustice so familiar?"

After traveling for more than twenty years, some impressions of later generations became more and more blurred, but he could always think of something when he came into contact with it.

"This is it." Zhu Jing presented it.

"Song Ci? Da Song appointed a criminal officer?"

Seeing the name, Zhu Yixi finally understood.

This person is known as the ancestor of forensic medicine. There are several editions of Hong Kong dramas in later generations, and there is also a criminal officer in the Song Dynasty in the mainland.

But at that time, it was not famous all over the world, only famous among some specific groups of people.

Looking through it, there are indeed some cases and judgments about corpses and traces, which can be described as concise and clear.

It pays attention to evidence, which is very rare in this day and age.

In this feudal era, the process of adjudicating a case is generally based on witnesses and witnesses, and then relying on torture or public opinion.

As for the litigator, that is the standard for the rich, with the status of a scholar or above, who can write complaints, familiarize himself with the law of the Ming Dynasty, and defend with officials, so as to achieve the appeal.

As we all know, scholars are basically the Four Books and Five Classics, and they don't know anything about the law of the Ming Dynasty, so the dignified officials and gentlemen are led by the nose. After all, it is impossible to let the master come in the lobby, right?
Therefore, what officials hate most is the litigator.

The common people also hate it, because only rich people hire lawyers, but poor people can't afford it. It is not a lie that plaintiffs become defendants.

So litigators are called litigators.

So lawyers are born for the rich, not the poor.

justice?Come on, lawyers have to eat too.

"This person is extremely famous in Wushu, and it is said that he is also famous in the entire Southern Song Dynasty, but there are few deeds in Song history..."

Zhu Jing wondered.

"Song history plus Liao history, Jin history, three books were compiled in only two or three years, how many celebrities were left behind?"

Zhu Yixi was not surprised.

Song history was compiled urgently at the end of the Yuan Dynasty, and three books were compiled together, and the time was tight. It was just a simple copy and paste to list the time.

Coupled with the tendency of literati, many people have never been entered by the Internet.

For example, Liu Yong on behalf of Wanyue Cipai, and Bi Sheng on movable type printing, these are all low-end.

But sticking to Diaoyu City, let Mengge Khan die, and Wang Jian, the general who continued his life in the Southern Song Dynasty for decades, was also omitted, which is out of the picture.

Ci poets, craftsmen, and generals are all omitted.

An upright official like Song Ci who is at the bottom and solves cases for the common people every day is simply not noticed.

After all, since the establishment of the Southern Song Dynasty, it was just for living, and it had no time to take care of other things.

"Your Majesty, the Arrest Division under the General Patrol Department specializes in arresting important criminals, and they are not very good at solving cases like this."

Zhu Jing whispered, lacking confidence.

"It's hard for you too."

Zhu Yixi smiled lightly and said, "It's suitable for you to catch some green skin thieves, but it's difficult to solve the case."

The General Patrol Office, which was born out of the Wucheng Bingma Division, is a semi-military organization and can only assume the role of the armed police. It is a bit too much for it to be a policeman.

Firefighting, sanitation, public security, plus household registration, temporary residence permits, market management, hunting and arrest, etc., did not use much brains.

To solve a case, what you need is your brain.

This is simply two different things.

"Serving His Majesty, I am willing to serve you."

Zhu Jing said in a deep voice: "It's just that there are many excuses for the prison in the capital. Although Dali Temple is monitoring it, there are so many opportunities to deal with it every day, and the review of the death penalty is too busy. I'm afraid I will be able to catch it."

"Chen Yi, under the General Patrol Department, set up another division, which is responsible for solving cases."

In the criminal and prison system, the characteristic of the Ming Dynasty is that all provinces have procuratorial envoys who are responsible for redressing unjust cases and supervising the prisons, but in the two capitals, there are no procuratorial envoys.

At the same time, the Ming and Qing Dynasties were reversed from the previous dynasty. Dali Temple was responsible for reviewing death sentences, and the Ministry of Punishment became a court to hear some important and serious cases.

The serious cases here generally involve politics, not ordinary people.

In this way, some murders and other serious cases in the capital are judged by Shuntian Fu Yin, now Shuntian Tong.

Under normal circumstances, in civil cases and cases of flogging and cane punishment, the judges of the state and county will take effect (conclude the trial), and the judicial files will be kept for future reference.

For cases of imprisonment and above, the prefectural and county governments have no power and can only report to the prefecture;

According to the procuratorate, the prison sentence can be tried and the case closed, but the death penalty must be reported to the governor, and the governor will then report it to the Ministry of Punishment for review.

The three levels of yamen have different powers.

Therefore, the most annoying thing in the officialdom is to report to the next level, because it destroys the power base.

Shuntian Mansion did not follow the procuratorial envoy, and the Ministry of Punishment would re-examine the sentence above the prison term, which is similar to the Supreme Court of the later generations to try the case of adulterous mistress.

That's pretty outrageous.

Therefore, the capital city can also be said to be the most benevolent place in the world, and senior officials of the Ministry of Criminal Justice will review it every day. Who dares to mess around?
"Do you want to install an inspector for Shuntian Mansion?"

Zhu Yixi narrowed her eyes and looked at Zhu Jing.

"I don't dare." Zhu Jing hurriedly bowed her head: "I just want to set up a criminal department to solve those murder cases and strange cases, so as to give ordinary people plain justice."

He doesn't dare to say that it will be promoted to the world now.

Even if he is dedicated to the public, his thoughts are too out of bounds.

"Department of criminal punishment? Why does it look so much like the crime squad?"

Zhu Yixi muttered, this is a good thing for the Ministry of Punishment, and it can save a lot of trouble.

What's more, this criminal suspect is more like a policeman who solves a case.

"Can--"

While Zhu Jing was waiting, a magnetic voice sounded next to her ear.

"The Criminal Prosecution Division should be set up in the main office and branch offices, and the sub-bureaus on the streets will not be used."

"The other divisions, Xiao Gui and Cao Sui, can do things after all, but the Criminal Division is newly established, and you have to take care of it yourself."

"The manpower of the main office and each sub-bureau, you go find it yourself."

"If it works, I may try to implement it to the world."

Zhu Jing was overjoyed, the emperor really spoke to his heart.

"But Your Majesty, there is not enough manpower!"

Zhu Yi showed a look of helplessness.

Zhu Yixi smiled lightly and said, "Find a few more officials, and then use the officials to find some clever scholars to study with them. Don't look at dealing with corpses all day long, but as long as they are officials, there are people who want to be officials."

"As for the implementation in the future, you are now following the example of the military school in the army, and also set up a school, which is dedicated to teaching people to solve crimes."

"Don't be afraid of too many people, be afraid of not enough people."

Thinking that there will be a group of criminal police all over the country in the future, Zhu Yixi is quite excited.

This is the progress of the entire Ming Dynasty, and even China's judiciary, a milestone progress.

It is no less than a leap from muddle-headed case handling to well-founded case handling.

The more the emperor thought about it, the more excited he became: "There are three points that must be paid attention to when handling a case in the criminal department. Witness, physical evidence, and oral confession, these three are indispensable. If one of the three is missing, the case will not be admitted and will be retried."

"Yes!" Zhu Jing showed embarrassment, but could only agree.

After he left, Zhu Yixi found a court lady with long breasts, thighs and tender skin, and came to deal with it.

After all, we all know that too much anger is harmful to the body. For the sake of the emperor's health and the stability of Daming's country and society, I can only trouble these women.

The power of the emperor is so fascinating.

After the oral cleaning exercise was over, Zhu Yixi half-lyed on the couch, feeling the warm temperature of the floor, and her mind was more sensitive than ever.

He has reformed the judicial system.

If the judicial power is transferred from the magistrate (prefect) to the general judge, a dedicated person will be implemented.

Now in the deep water area, criminal cases are handled exclusively, and the less professional general judgments are thrown on the civil and unified management.

Make the judicial industry more professional.

And the judiciary is like this, how can the supervision work be relaxed?
In the early years of Shaowu, he merged the system of giving affairs into the system of the Metropolitan Procuratorate.

At the same time, the censors who advised the emperor were reduced to six at once, and the rest could only be poured on the cabinet and eight officials.

But how to put it, this group of censors is like the group of general judges. Although they specialize in specialists, they are not professional.

Rumors play.

Random impeachment, making him fearless and fearless, and controlling the size of the size, seems to be a sharp weapon to whip the officials.

But the facts have proved that whether it was the Song Dynasty or the Ming and Qing Dynasties, the supervisory institutions such as the Metropolitan Procuratorate inevitably became a weapon of party struggle in the end.

Anyway, there is no need to be responsible, just blind impeachment.

If you want to act on evidence, this is a bit unreasonable.

The censors are almost all fledglings, with neither professionalism nor connections, and there is no evidence at all.

And this is not a judicial matter, but a political one.

We all know that politics does not need to talk about evidence.

A word of suspicion that he has Sima Yi's face is enough to make the ministers mess up.

Because who can enter the cabinet, which one is not sixty or seventy?

Zhu Yixi has a strong control over the imperial court, and at this moment, he feels that the Inspectorate is a little awkward and difficult to use.

Naturally, it has become a discipline inspection committee within the officialdom, and it needs to pay attention to evidence to arrest people.

The censors lacked energy and experience, so they sat down immediately.

"So, let the censors carry out professional reforms."

Zhu Yixi closed her eyes and began to think.

Somehow, he suddenly thought of the prosecutor system in South Korea.

At the top, you can take the president, at the middle, you can catch the plutocrats, and at the bottom, you can take the common people.

Of course, he is a vicious dog tied to the mainland, and the reins are in the hands of the Americans.

Once disobedient, it is a whipping meal.

Among them, the consideration of prosecutors in handling cases independently is worth learning.

The right to handle cases independently, the superior cannot interfere, and at the same time cannot obstruct, this is definitely a good system.

In this way, party disputes can be avoided to the greatest extent, and the Metropolitan Procuratorate can be reduced to a vicious dog in the hands of the imperial power.

At the same time, prosecutors form a system of their own and will not be subject to external political interference, that is, a single-appointed system.

Today's censors, although they are not controlled by their superiors, they have to ask the prime minister. If they want to be promoted outside, they must cooperate with others.

If the censor can only be promoted in the Metropolitan Procuratorate, then interference can be eliminated to the greatest extent, and it is also very helpful for the administration of officials.

"Handling cases independently and forming a system."

The emperor smiled, and then felt a little helpless.

In this day and age, scholars all want to be in power and become officials, impeaching people and trying cases all day long, I'm afraid many of them can't stand it!
"Let Zuodu Yushi come to see me!"

With an order, the panting Zuodu Yushi came to the emperor.

"How many censors are there in Yushitai?"

"Your Majesty, the censors are mostly selected from people in their twenties to thirties with a strong heart, so there are quite a lot of Jinshi over the years, there are nearly a hundred people."

"You go and choose ten censors who are full of justice."

Zhu Yixi ordered: "I have another important use."

"Yes!"

In his plan, each censor is equipped with an office with nearly ten people in it, including arrests, clerks, pawns, book offices, personal guards, etc., with a complete pairing.

Their duty is to investigate the corruption cases of hundreds of officials, handle the cases independently, and be directly dispatched by the emperor.

Highly specialized, obedient, and more combative.

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