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    *** In fact, time never makes people mature.  ¡ó¡ýWhat really makes people mature are people and things.  Some people, when they live into their forties or fifties, are still very naive.  Some people have experienced many things in their early years and have become very mature and stable very early.  Yang Shen is about the same age as Qin Mu, they are both still very young, but after these years of experience, both of them have a maturity and stability that is difficult for ordinary young people to achieve.  In the pre-Qin period, Gan Luo paid homage to the prime minister at the age of twelve and passed down his beautiful stories through the ages.  Yang Shen was only in his early twenties when he became the Minister of Dali Temple.  Although at the beginning of the founding of the country, the civil and military officials of the Qin Dynasty were all very young, Yang Shen, who worshiped Jiuqing in his early twenties, was still particularly conspicuous and became an enviable role model in the hearts of many scholars.  His style of doing things is the same as his name, Shen, very cautious.  In the Huagai Hall, he bowed his head, raised the newly revised "Da Qin Code" high above his head, and presented it to Qin Mu.  Of course, this is only a draft of the "Da Qin Code" and has not been truly promulgated and implemented throughout the world.  Originally, the "Da Qin Code" should have been revised two years ago. Later, Qin Mu started a debate about "presumption of guilt" and "presumption of innocence", which caused a sensation in the world.  Under Qin Mu's promotion, the revision of "Da Qin Code" also changed from the original "presumption of guilt" to "presumption of innocence." As a result, many provisions need to be seriously considered and changed.  This is a very arduous task that requires repeated deliberation and Qin Mu¡¯s personal opinions.  The fundamental purpose of the laws of various dynasties in the past was to maintain imperial power and rule. ????????? There will inevitably be conflicts between safeguarding imperial power and protecting the people, and given the current situation, both must be taken into consideration. This is not an easy thing to do. Yang Shen and the Dali Temple officials are walking on thin ice.  Qin Mu asked Han Zanzhou to present the draft of "Da Qin Code" and open it to read.  The first of these clearly stipulates that the Emperor of Qin is the only legitimate supreme ruler and prohibits any organization or individual from undermining the rule of the Qin royal family.  Qin Mu looked down one by one, looking very carefully.  The "Laws of Da Qin" is the country's programmatic document, that is, the "Constitution" of Da Qin. There are only 388 clauses in it, but under each clause, there are detailed definitions and explanations.  Qin Mu finally finished reading it, overall.  He was relatively satisfied, and the idea of ????presumption of innocence was also well reflected in "Da Qin Code".  "Thank you for your hard work, Yang Qing." "I dare not take the word "hard work" as a word." "This Da Qin Law is the fundamental principle of our Da Qin. Once it is promulgated and implemented, it cannot be changed at will, so we must be cautious. So, this  The draft of the Daqin Law was first published in the Daqin Times for detailed discussion by knowledgeable people in the world, and then it was finally revised and finalized before being promulgated and implemented. "Qin Mu thought about it and said.  Please change some of the clauses. What I mean is that the emperor is the supreme ruler of the Qin Dynasty and is beyond the law, but at the same time he cannot interfere with the normal judicial proceedings of the country. The emperor accepts the appointment.  But the emperor has no other boss except the law. The emperor can remove the emperor from his position, but he cannot change the ruling made by the emperor. "If it was in the previous dynasties,  The emperor said this.  It must have shocked the whole world, but in fact, since the middle of the Ming Dynasty, an idea of ??restricting monarchy has appeared and has been recognized by many people.  For example, Qian Yiben proposed to "break the rules and open up the world to elections."  Wang Fuzhi's idea of ??a virtual monarch's constitutionalism "If there is an emperor, but if there is no one, then if there is no emperor, if there is one, even if the emperor is young, all the Yin people agree with the rule, but he abuses the name of standard and assistant government to doubt the world?" "It is destined to be in the world.  According to the rules, the emperor is placed where there is no existence, and he rules the world with emptiness and tranquility, and does not rely on the nobles, relatives and old ministers to assist him.  When a king rises up, nothing can be changed. "Whether it was Qian Yiben's electoral system or Wang Fuzhi's idea of ??a constitutional monarchy, it was not accidental.  The reality is that after the middle of the Ming Dynasty, the relationship between the emperor and his ministers was often quite tense. It can be seen as a struggle between the two ideas of "monarchy" and "constitutional monarchy", and the idea of ??"constitutional monarchy" gradually gained the upper hand.  .  Since Emperor Wuzong of the Ming Dynasty, many emperors have been forced to live in seclusion in the palace by their ministers. In fact, most of the government affairs fell into the hands of ministers.  The "History of the Ming Dynasty" compiled by the Qing Dynasty made the emperors of the Ming Dynasty black and white, saying that they "did not do their job properly".  In fact, the situation is not that the emperor of the Ming Dynasty did not want to "do business properly", but that after the middle of the Ming Dynasty, the ministers were too strong and often united to refute the emperor's will, which made the emperor very embarrassed and helpless, so he simply hid in the dark.  There is something in the palace that cannot be seen but pure.  ? ?The emperor's appointment of eunuchs to deal with ministers was actually the product of the ideological struggle between "monarchy" and "constitutional monarchy".  The emperor of the Qing Dynasty enslaved his ministers, perhaps because he was afraid of the constraints of the "constitutional monarchy" on imperial power.  Now Qin Mu has taken the initiative to hand over the judicial power, which is in line with the wishes of the minister.  Qin Mu has nothing to worry about. The judicial function is purely legal in nature, not political.  And emperors in the past dynasties rarely directly intervened in judicial trials. It was a rare event in history for the emperor to sit directly in the yamen to hear cases.  "The surrender of judicial power will not fundamentally shake the foundation of the emperor's rule.  Qin Mu¡¯s explanation above was to ensure the independence of judicial trials, which was one of the lifeblood of judicial fairness. Yang Shen felt deeply about this.  He said: "Your Majesty, throughout history, the government and the public have always paid attention to human relations, and the influence of human relations on the judiciary cannot be ignored. Furthermore, the judicial departments of all dynasties were actually equivalent to subordinate agencies of the administrative department. In the Tang and Song dynasties, the secretaries and ministers were saved,  The cabinet of the Ming Dynasty has jurisdiction over the judicial department. This has resulted in the phenomenon that officials with higher status in the court have greater influence on judicial trials. This is an indisputable fact. Your Majesty now wants to make the judiciary independent.  Outside of administration, this move is unprecedented. As the saying goes, it mobilizes the whole body. If it is really implemented, the resistance will be very great. " Qin Mu nodded and said: "I know this, everything is difficult at the beginning, but no matter how difficult it is, there must be someone.  First of all, whether the judiciary is clear or not is directly related to the well-being of the people in the world and the prestige of the court in the minds of the people. In the Song Dynasty, Bao Zheng was praised and admired by people for generations, precisely because there were too few such people.  Whether the judicial system is clear or not depends entirely on the integrity of officials, and the legal binding force on them is very limited. To change this situation, the independence of the judiciary is indispensable.  It is necessary to ensure that the judicial departments are externally independent from the parties, and they must also be independent from each other internally. First, the relationship between superior and subordinate judicial departments is supervision and guidance, rather than the relationship between leaders and subordinates. Therefore, trial-level independence is maintained.  Higher-level judicial departments cannot interfere with the normal trial work of lower-level judicial departments when the lower-level judicial departments have not concluded the cases under their jurisdiction, unless new problems in the application of the law arise and the lower-level judicial departments report to the highest judicial department for instructions.  The judicial department¡¯s reply to the request for instructions has become a new judicial interpretation. In short, the superior judicial department is absolutely prohibited from intervening in the trial activities of the lower court at any time. Only when the parties file an appeal can the higher court make a change or change the judgment of the lower court.  "Yang Shen is proficient in law and knows the elegant meaning of string songs. The emperor's excuse is to prevent high-ranking officials from interfering with the judiciary.  If the emperor's method is implemented, then judicial departments at all levels can independently try cases without worrying about interference and pressure from the top.  For example, if a county magistrate is trying a case, until the case is resolved, let alone administrative officials, even the most judicial department of the judicial system cannot interfere.  The county magistrate is completely independent when trying cases.  Now, the judicial power in Daqin has been basically independent from the administrative system and has been handed over to deputy officials such as county magistrates and tongzhi.  It can be said that the emperor is perfecting his idea step by step according to his will.  After hearing what Qin Mu said, Yang Shen couldn't help but said sincerely: "My emperor is a wise man." ********************* ps: I may be able to repay my debt to everyone today.  A chapter, please recommend and vote, please subscribe!  .(To be continued, please search Piaotian Literature, the novels will be better and updated faster!
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