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Text Chapter 1026 Liu Rushi¡¯s suggestion

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    Regarding judicial reform, Qin Mu put forward several reform requirements: neutrality, professionalism, unity, and openness. This may seem simple, but in fact it is very difficult to achieve.  In all the dynasties after the pre-Qin Dynasty, power was greater than the law. Whoever had more power had less binding force on the law. In turn, their ability to control the law was stronger.  , It is not only the emperor who escapes from the constraints of the law. It is not uncommon for high-ranking officials in the past dynasties to bully men and women, and harm the people at will. Several of them have been punished by the law.  Even if they are punished, they are mostly punishments with political purposes, rather than simply being punished because they broke the law.  In this context, how easy is it to establish the neutrality and fairness of the judiciary?  The so-called judicial neutrality, if we compare judges to referees, the neutrality of judicial power requires: judges cannot run around the court like some ball game referees. Referees who run around the court are difficult to be in a neutral position. Referees who are not in a neutral position  It is easy to make wrong judgments, which is one of the main reasons why the fairness and accuracy of some ball game referees' penalty results are often easily doubted.  The volleyball referee is different. He stands outside the court, in the middle of the court and higher than the net. He may not be able to notice when the players touch the net or hit the ball over the net, but the referee in the middle can clearly see the details and make the penalty result.  Rarely questioned.  Therefore, the judge should be like a volleyball referee in the middle of the referee, treat the original defendant and the prosecution and defense impartially and fairly, and strive to make accurate judgments without being restricted by positions.  If the referee cannot remain neutral, the fairness of the referee's results will be questioned.  In the Jianjia Palace, Qin Mu frowned and was thinking. Judicial reform is actually the core content of his series of reforms. Without the support and supervision of a complete judicial system, other reforms will only treat the symptoms but not the root cause.  ¡°To promote judicial reform, it is definitely not possible to simply dismember the Ministry of Justice or the departments involved in the judiciary.  This is a grand and cumbersome hierarchical design.  For example, Liu Rushi put forward his own different views on the issue of judicial neutrality.  Outside Jianjia Hall, the west wind is getting stronger, blowing through the high cornices, making a whistling sound. The hall is covered with geothermal heat, which is as warm as spring. Liu Rushi only wears a thin palace dress, and she looks graceful and graceful at first glance.  The figure is as graceful as a girl's.  But upon closer inspection, she is full of the charm of a round and graceful young woman.  Qin Mu is more casual. He records whatever comes to his mind. These thoughts are usually scattered, so Liu Rushi or Li Xiangjun sort them out.  "When it comes to talent and learning, Liu Rushi, Li Xiangjun, and Dong Xiaowan are no less than first-level Jinshi. Moreover, as women, they think more carefully and do things more meticulously.  With their help, Qin Mu felt much more relaxed.  Liu Rushi helped him organize his things and knew a lot about his judicial reform. She couldn't help but said: "Your Majesty. Officials in charge of the judiciary must remain neutral. This neutrality itself will inevitably bring many negative effects." "  Negative influence?" Qin Mu put down his pen, asked her to come to him, and said with a smile.  "Please tell me carefully what negative impact this will have." Liu Rushi, with her delicate fragrance, came closer.  It spread into Qin Mu's nose and smelled very good, better than the ambergris scented in the palace.  "Your Majesty, the law is the last line of defense to resolve social conflicts, but it is not the only means. Resolving many civil disputes through negotiation, reconciliation, mediation and arbitration should be the preferred method for the parties involved. I believe that it is better not to use the judiciary casually until the end.  It is good to use resources to resolve civil disputes. Your Majesty may not know that in fact, more than 70% of civil disputes are mediated and arbitrated by elders and respected people in the village. These respected people are actually  Let¡¯s use civil judicial mediators; because they live in the local area, they often know the ins and outs of disputes in the local area, and the people understand their nature. As long as they arbitrate in a notarized manner, it will be easier to convince the parties. In short,  The proportion of private disputes that actually go to the yamen is actually very small. Even if the disputes do go to the yamen, if the two parties can reach an understanding through the mediation of ordinary officials, the case will not only be handled faster, but it will also be better to reach an understanding voluntarily than to be indifferent.  It is better to force a judicial judgment. Because in this case, even if you use the law to force a judgment, the parties may not be convinced, which will easily cause disputes. However, His Majesty¡¯s emphasis on judicial neutrality will exactly cause problems in negotiation, mediation, and arbitration.  On the way to a more negative one, because in order to ensure the neutrality of these elders responsible for arbitration, I am afraid that their behavior must be restricted by law. My servant Qianjian, I hope your majesty can give it some thought.?.  " Qin Mu couldn't help but nod frequently while listening. He understood what Liu Rushi meant. He also took the football referee and the volleyball referee as an example. With volleyball sitting in the middle of the net, the referees are definitely more neutral, but they are also more passive. The specific use of law  There are obviously many shortcomings in the operation, which is too passive; As for the football referees, they catch up, because they are not neutral enough, and their perspective of looking at the problem will inevitably be biased sometimes, and their decisions are easier than those of the volleyball referees  Causes controversy. But in fact, the very act of catching up with a football referee can stop many people from committing intentional fouls in advance, because the referee is chasing and watching, and once someone commits a foul, it can also prevent further conflicts between the two parties in time.  Football referees are just like volleyball referees. They only sit in the midfield. After someone commits a foul, the two sides will start fighting if they disagree. By then, if you rush to stop it, the situation has become very serious. Listening to Liu Rushi's remarks.  , Qin Mu felt quite emotional. Don't underestimate their talents just because they are girls and come from brothels. In fact, because in places like brothels, they can come into contact with all kinds of people and things, their knowledge is often better than ordinary people.  Scholar. At least Qin Mu himself ignored the importance of mediation and arbitration in advance. In most countries of later generations, the true situation is that the concepts of mediation and reconciliation are widely used in criminal proceedings, and some countries have established a plea bargaining system.  , about 90% of criminal cases can be reached by prosecutors and defense lawyers or criminal defendants outside the court, and the cases are settled through reconciliation, which saves a lot of the country¡¯s judicial resources. The negativity of judicial power is also reflected in the fact that judicial organs should not.  Take the initiative and wait passively. Generally speaking, the principle of don't sue or ignore the case is implemented. The judge cannot actively provoke the parties to file a lawsuit. In other words, if the judge actively provokes the parties to file a lawsuit, then who will do it.  Do you believe that being an official is a neutral position? Now Qin Mu wants to emphasize this neutrality. If it is implemented like this, it will have an extremely negative effect. He pondered and said: "The neutrality of the judiciary still needs to be emphasized.  Yes, this kind of neutrality is not necessarily opposed to mediation and arbitration outside the yamen.  "Liu Rushi was very happy to see that she had listened. She was limited by her background. Although she was not ambitious, she was still somewhat proud by nature; her opinions could be recognized by the emperor and at the same time helpful to the country. This  For her, it was a manifestation of realizing her own value, which made her feel happier than receiving any reward. She was beaming with joy and said repeatedly: "Your Majesty is right, the neutrality of the judiciary is.  To ensure the bottom line of judicial fairness, private arbitration and mediation are conducive to resolving disputes from the beginning. The two are not completely contradictory.  This is actually the same as the difference between Confucianism and Legalism. Confucianism focuses on the guidance of morality, while Legalism is used to guard the bottom line of social order.  Although the two are different, they can actually complement each other.  " "That's right, very good. You made a very good suggestion today. How do you want me to reward you?"  " Qin Mu hugged her soft waist and asked with a smile. Liu Rushi said quickly: "How dare I ask for any reward? Your Majesty does not blame me for talking too much, I will be satisfied.  " "There must be rewards, hahaha" (To be continued, please search Piaotian Literature, the novels will be better and updated faster!
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