Add Bookmark | Recommend this book | Back to the book page | My bookshelf | Mobile Reading

Free Web Novel,Novel online - All in oicq.net -> Historic -> Ming Yang the world

Text Chapter 1025 The curtain of judicial reform

Previous page        Return to Catalog        Next page

    *** Ge Xiu is a smooth person. He knows very well that the emperor has been committed to the reform of judicial trials and administrative supervision in the past two years.  ¡Ý Starting from the large-scale training of forensic doctors, training of county magistrates, and magistrates, the judicial power was separated from the hands of local officials, and the inspection department was established to enforce the law independently; Later, the position of local gentry and wealthy councilor was donated by donating money for road construction.  , giving parliamentarians the power to directly write to the emperor and review local government revenue and expenditures at the end of the year. This actually means that parliamentarians assist the court in supervising local officials.  Recently, a rather strange imperial edict was suddenly issued, and at the same time, Bai Tie, the Minister of the Ministry of Punishment, was intentionally moved to the cabinet to assist in the administration. These two things were connected, and careful people could guess that the emperor was probably going to take action on the Ministry of Punishment.  The main responsibilities of the Ministry of Punishment are to review various laws, review criminal cases sent to the Ministry from various places, and jointly with Jiuqing to hear death penalty cases "awaited in prison" and directly hear cases pending guilt or above in the Gyeonggi area.  Together with the Metropolitan Procuratorate in charge of inspections, prosecutions and impeachments, and the Dali Temple in charge of the final trial and review of major cases, it is a "three-law judicial system".  Now the powers of Dali Temple have changed. They are only responsible for legislation and sending out juries to supervise the trial process of major cases.  This is actually equivalent to returning the final adjudication power to the Ministry of Punishment.  The powers of the Ministry of Punishment are getting heavier and heavier, which in itself goes against the emperor¡¯s idea of ??decentralizing powers. The emperor continues to decompose local judicial powers, and the powers of supervision, law enforcement, and trial have been basically separated. Why strengthen the power of the Central Ministry of Punishment anyway?  Comparing the two, it is probably only a matter of time before the Ministry of Punishment is dismembered.  In this regard, Ge Xiu did not intend to confront the emperor. He knew very well that for the emperor, this was already a final blow. Anyone who blocks it at this time will definitely have no good results.  Of course, if Yao Peizhen himself is willing to step out and block.  Ge Xiu was happy to see it.  But when Yao Peizhen brought Ge Xiuhong out for a meeting, he thought he was going to be the one to take the lead. Would he be so reckless as to come out and take the blame?  The two of them fought in the river room for a long time. In the end, no one could encourage the other to come forward. They could only sigh in their hearts and disperse in depression.  In the Huagai Hall, Qin Mu met with Ba Tie alone. Qin Mu was very satisfied with the first minister of punishment of the founding of the Qin Dynasty.  Bai Tie was not a big shot before, but Qin Mu appointed him as the Minister of the Ministry of Punishment, not only because of his ability, but also because of his loyal nature.  In the past few years, under his management, the Ministry of Punishment has had no backlog of cases, and the criminal prisons are generally very clear, which makes the people have a strong attachment to the court. Qin Mu is very satisfied with this.  He said solemnly: "Shang Shu Bai. A few days ago, I made a special decree that the emperor should not interfere with the judiciary. Do you know what the purpose is?" Baitie gently stroked his long beard and replied: "I dare not presume on the holy will.  " Qin Mu said: "Shang Shu Bai, judicial execution is a major matter for the country. Whether the judiciary is clear is closely related to every citizen, and it also affects the credibility of the court. I hope Shangshu Bai will remember what I say below.  , and try our best to assist me in completing this reform. But in my opinion, the judiciary is different from legislation and administration. It is the power to punish crimes or decide private disputes. It is a purely legal role, not a political role.  Officials who judge cases should not make subjective judgments and cannot use their power to control judicial trials. They are nothing more than a mouthpiece for the law. During the trial, they can only accurately adopt legal provisions in accordance with the laws formulated by Dali Temple, and there is no violation of the law.  The power of review, and even the power of interpretation, must be strictly limited. The first characteristic of justice should be neutrality and impartiality. In the trial of cases in the past dynasties, there are also examples of the relative avoidance system, but this is not enough.  In addition, there must be strict procedural rules to ensure the neutrality of the trial officials. The second characteristic of the judiciary is independence. The independence of judicial power is necessary to ensure judicial fairness. I decree that the emperor shall not interfere directly.  Judicial trials are precisely to ensure its independence. I hope to see that the judicial branch is not only completely independent of the legislative and administrative departments, but also has the power to review laws and administrative actions that violate the Daqin Law.  . The third point I want to emphasize is unity. This unity has two aspects. One is that judicial power is uniformly exercised by statutory departments and cannot be shared by other departments; the other is that the country is unified through judicial interpretations or guiding precedents.  The adjudication standards of the judicial departments at all levels. In specific cases, each similar case cannot vary from person to person or from place to place. In my opinion, the unity of judicial power must be maintained.  The biggest enemy we face is local protectionism. In order to avoid the possibility of local protectionism interfering with the judiciary, we must clearly stipulate that cases between states cannot be heard by the judicial department of either state where the original defendant is located, but must be handed over to the judicial department.  ArriveThe central judicial department has jurisdiction.  In order to effectively prevent local protectionism and professionalism, I regard it as another important special feature of the judiciary. As the saying goes, human life is at stake. Once a wrong verdict is taken and people's lives are taken away, they can never be compensated.  At this point, the practices of previous dynasties were very casual. Many of the local officials who held judicial power were rotten scholars who were ignorant of outside affairs and only read the books of sages. They didn't even understand the law. They were officials.  Later, with a few words from the master, the sentence of life and death was hastily.  Thinking of this, I feel a chill in my heart. I, Da Qin, can't do this anymore, absolutely not.  Therefore, we need a highly professional judicial team, who not only have received strict legal education and training, but also have rich judicial practice experience.  Be well versed in various laws and cases.  Strict regulations must also be formulated when selecting officials in the judicial branch to ensure a high degree of professionalism in the judicial team.  Finally, what I want to emphasize is the openness of the judiciary, which has always been ignored intentionally or unintentionally in the past dynasties.  When officials try a case, they can let a few people listen in the hall if they like it, but if they don't like it, they can try it behind closed doors or even operate in secret.  From now on, in all matters involving human life, there must be an independent jury to supervise the transparency of judicial power. Unless there are special reasons, the hearing process of all cases must not prohibit the public from observing the trial process.  ¡°Openness is a necessary means to effectively curb judicial corruption, and trials under the sun are the basic guarantee for judicial fairness. Daqin must make this clear and thoroughly implement it.  " Qin Mu's big call made Ba Tie both shocked and surprised. Although it can be summed up in a few points: neutrality, independence, professionalism, unity, and openness. But every point is the current Daqin and even the upper and lower states.  The most important thing is that the emperor actually said that the judicial department not only enjoys the independence of the Communist Party, but also has the power to review violations of the "Da Qin Law" and can revoke those who violate the "Da Qin Law".  Legal and administrative actions. In other words, even if the court makes an administrative decision, as long as the decision violates the Daqin Laws, the judicial department also has the right to declare the administrative order invalid according to the "Daqin Laws" and the emperor himself cannot.  Interfering with the judiciary is tantamount to elevating judicial power to an unprecedented level, keeping pace with executive power and legislative power. Bai Tie could not even think of such a thing before, but now it is proposed by the emperor himself, like thunder.  The explosion made him a little dizzy, and he was speechless for a moment. Qin Mu continued: "Currently, the legislative power has been assigned to Dali Temple, and the administrative power has been assigned to the cabinet and various ministries.  I want to transfer the judicial power to the Ministry of Justice, but with the current status of the Ministry of Justice and its rudimentary structure, it is impossible for the judicial power to achieve the neutrality, independence, professionalism, unity, and openness that I have mentioned.  .  Therefore, it is imperative to reform the Ministry of Punishment.  Bai Qing is the Minister of the Ministry of Punishment and the minister I rely on most. I have made a request. This major reform requires your strong assistance to be completed. Bai Qing will go back and think about it first, and sort out his ideas before coming back.  See me, remember, don¡¯t publicize this matter for the time being. After we have discussed a practical implementation plan, we will convene other ministers for discussion.  Bai Qing, please don¡¯t betray me.  " The last sentence, please don't let me down, made Bai Tie's eyes filled with tears. He quickly stood up and worshiped: "I dare not accept your Majesty's invitation, I will die.  Your Majesty is so kind, I will die to repay you.  "(To be continued, please search Piaotian Literature, the novels will be better and updated faster!
Didn't finish reading? Add this book to your favoritesI'm a member and bookmarked this chapterCopy the address of this book and recommend it to your friends for pointsChapter error? Click here to report