Ming politicians

Chapter 1149 The Dignity of the Law

The laws of the Ming Dynasty are very good. The status of the Law of the Ming Dynasty in history is not low, and it has epoch-making significance in the history of the legal system. However, this glorious Law of the Ming Dynasty has not been well received since it was formulated. Jinyiwei, Dongchang, and Xichang have arbitrarily interpreted the Ming Law and abused the criminal law, which has caused the court officials and the common people to lose their fundamental support.

Su Tiancheng is clear that the purpose of the rulers to enact laws is firstly to maintain social order and punish crimes, and secondly to maintain their own dominant position, use the law to eliminate potential opponents, restrict all words and deeds of opponents, and let their own dominant position It is more solid and reasonable. According to this category, it cannot be said that the emperors of Ming Dynasty were wrong.

But Su Tiancheng's understanding is different. The dignity of the law must be maintained. Laws are promulgated and enforced by the state. The enforcement department can only be a specialized agency. The enforcement of the law must have sufficient dignity. No one can violate it at will. If it is said that the duty of the Metropolitan Procuratorate is to target officials at all levels, then the law is aimed at all ordinary people, including the violations and crimes of officials, which must be dealt with seriously. There is a very good explanation. The Shang Dynasty of Qin State, the idea that the prince violated the law and the common people were guilty of the same crime, caused an extraordinary shock, and it was also the foundation for quickly helping the Qin State to become prosperous and strong, and to rule the world.

Su Tiancheng would never set up institutions like Jinyiwei, Dongchang, and Xichang, nor would he set up eunuchs. What he needed was to use systems to manage the world. Only in this way could the Central Plains truly lead the world.

To do all this, self-discipline is needed. For example, Su Tiancheng himself, he will not set up any imperial palace, nor will he ask for any concubines of the Three Palaces and Six Courts, etc. His wife is the current one.It is already enough, and there is no need for a large space. At most, a larger yard can completely live in it. Blacksmithing requires one's own hard work, and this is also hard on oneself, if you take the lead.No extravagance, no imperial palaces, the officials below have nothing to say.To maintain his own rule, Su Tiancheng didn't need any divine power, nor did he need to overly mystify himself.

There are too many problems in the implementation of the law in Ming Dynasty.The first problem is that there is no special legal institution. The prefectures, prefectures and county magistrates serve as judges in prefectures and counties. They are not only responsible for people's livelihood matters, but also for legal issues. of officials.The focus is on money, grain, and imprisonment. Imagine a scholar who became an official by relying on the imperial examinations. He did not read the Ming Law and was not fully familiar with the law. It doesn't seem too childish.

Su Tiancheng wants to change all this.The legal institution in his mind is independent of the government and becomes another set of institutions. This institution is specially responsible for hearing matters.

Su Tiancheng's thinking is quite in line with the idea of ​​separation of powers.But it is not exactly the same, executive power, legislative power and judicial power cannot be completely separated, all powers.They are all in the hands of Su Tiancheng, which is also determined according to the current actual situation. Maybe in a few years, the real separation of powers will come, but not now.

Of course, Su Tiancheng had already thought about the ideal people who practiced the rule of law, and that was Zhang Pu and Wu Weiye. [

There is a specialization in the art industry, and to engage in legal work, you must have certain professional knowledge. It is by no means as simple as ordinary people understand. However, in today's era, there are not many people who specialize in this field. The officials of Dali Temple and Dali Temple are not necessarily very professional, because these departments handle things completely in accordance with the imperial decree, and with the interference of Jinyiwei and Dongchang, they can do nothing to misinterpret the law at will.

In Su Tiancheng's heart, the Metropolitan Procuratorate and Dali Temple are almost independent of the "government" departments, and do not accept the direct leadership of the government at the local level. They belong to a side system and are managed vertically, but the Metropolitan Procuratorate belongs to the Su Tiancheng directly manages and is directly responsible to Su Tiancheng, and the Ministry of Punishment and Dali Temple are directly responsible to the cabinet.

The legal department needs to be popularized, and it must not be mysterious. Although the common people's understanding has not risen to that level, they still agree with Lord Qingtian in their hearts, but this kind of concept must be reversed from now on, Su Tiancheng I believe that as long as I persevere, after decades or even hundreds of years, the common people's understanding will definitely change fundamentally, and they will believe in the law and rely on the law to protect their own rights and interests.

This is a long process, and it is by no means a goal that can be achieved overnight.

When Zhang Pu and Wu Weiye entered the wing room, they were still discussing matters related to the establishment of officials and salaries. The discussion on this matter caused a lot of disputes. Everyone had different opinions and their own opinions. It is difficult to form a unified opinion for a while, and it is precisely during this kind of discussion that people's understanding is undergoing subtle changes. They really feel that Su Tiancheng's thoughts are indeed different from ordinary people. The Emperor Chongzhen inside is far inferior.

After the two of them stood in front of them respectfully, Su Tiancheng didn't hesitate and got straight to the point.

"Master Zhang, Lord Wu, I consider letting you preside over the affairs of the Ministry of Punishment and Dali Temple."

Zhang Pu and Wu Weiye felt surprised. This is normal. In the imperial court, the Ministry of Punishment and Dali Temple are indeed important, but in comparison, the Ministry of Officials, the Ministry of Households and even the Ministry of Rites all have a higher status, let alone the Ministry of Justice. The cabinet, of course Su Tiancheng made such an arrangement, the two of them would not say anything.

Su Tiancheng continued without waiting for Zhang Pu and Wu Weiye to speak.

"There is a point of view that you all know, that is, the prince breaks the law and the common people are guilty of the same crime. This point of view is hardly mentioned. It is because officials and scholar-bureaucrats have special powers. It has been recorded in the "Book of Rites". Common people are not punished by high officials, so officials and scholar-bureaucrats always feel that they are superior. Throughout the dynasties and dynasties, there have been iron coupons to avoid death, which represent a special honor and show an unusual status."

The faces of Zhang Pu and Wu Weiye changed slightly, and they sensed an unusual meaning from Su Tiancheng's words.

"I firmly disagree with the requirement in the "Book of Rites" that no courteous people should be respected and no punishment should be punished by high officials. Such privileges given to officials and scholar-bureaucrats are putting the cart before the horse. Officials and scholar-bureaucrats are all scholars, and they should be more aware of the law. Dignity needs to maintain the dignity of the law. Just imagine, after the royal relatives kill someone, they can not take responsibility and insult the people at will, but because of their special status, they will not be held accountable. If things go on like this, what dignity does the law have, and what will happen to the people? Looking at the government and officials, what kind of thoughts do scholars have? Doesn’t this mean that everyone in the world should know that after studying and gaining fame, they can do whatever they want, and even if they break the law, they can be protected and not take responsibility. Don’t worry, how our government really does things for the people, how our officials really take the interests of the people at heart.”

"To meet the requirements of the prince who violated the law and common people with the same crime, the requirements for the Criminal Department and Dali Temple are different. In the process of hearing and investigating cases, no matter who you encounter, you must handle them boldly and stick to principles. We must overcome all resistance and insist on implementing the provisions of the law."

"It's really difficult to do this, so I'm thinking of letting you preside over the affairs of the Ministry of Justice and Dali Temple. You will definitely feel embarrassed, but we have already considered some things for you. The first aspect In terms of matters, prefectures, counties, and even provinces, all matters that are engaged in the trial and investigation of cases are all independent, and do not accept the leadership of the provincial capital, prefecture, and county government. Independently handle and investigate cases, and accept the leadership of superiors in principle. Power can be directly "inserted" into the county, but you must also remember that this kind of "intervention" cannot be done at will. In any case with convincing evidence, you cannot change the judgment at will. You must respect the law and respect the law. Judgment, the second aspect, the Ministry of Criminal Affairs, Dali Temple, and even Fuzhou County officials who are engaged in investigations and judgments are set up separately. They must go through special training and be familiar with the law. For general punishment, these people must be familiar with the law and the law of the Ming Dynasty, and everything must be reviewed and investigated according to the requirements of the law of the Ming Dynasty. As for the third aspect, I plan to set up a special school in order to carry out relevant legal majors. Training, people who can enter this school to study must be scholars, and after studying, they must engage in specialized legal work, that is, to handle cases impartially... "

Zhang Pu and Wu Weiye were stunned. They felt a little unbelievable when they heard what Su Tiancheng said. In fact, the biggest problem with the fair enforcement of the law was the emperor himself. In many cases, it was because of the emperor's own privilege that the law was difficult To carry it out, besides, to a certain extent, the law is to safeguard the interests of the ruling class. Isn't Su Tiancheng's actions not following this principle? [

Just before the two of them fully understood, Su Tiancheng spoke again.

"To meet the requirements of the prince who breaks the law and the common people, I must first respect the law. You can rest assured that I will not reward the officials with any privileges. No matter who they are, they must do things within the requirements of the law, including me. I am not an exception, and only by doing this can the dignity of the law be truly guaranteed and you can truly do things in accordance with the requirements of the law."

"Of course, the requirements for you are also clear. You must be familiar with the law. From now on, you will specialize in the study of the law. I am afraid that there are some places in the Great Ming Law that must be revised. This is also your responsibility." (To be completed.) Continued. If you like this work, you are welcome to come to the starting point to vote, monthly pass, your support is my biggest motivation. Mobile phone users please go to m to read.)

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