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Text Chapter 1039 Strike while the iron is hot

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    *** The storm of a huge dispute between Confucianism and Legalism gradually calmed down amidst the strong condemnation from the lower classes and the emperor¡¯s sincere communication and guidance.  ¡û In this, the conspiracy theories spread by Ye Bushou played a big role.  Many officials who secretly fanned the flames stopped because they were worried about being accused of having ulterior motives.  Without their secret instigation, the emperor no longer worshiped Confucianism in the Temple of Confucius, and Confucianism was the first priority. In addition, the emperor's heart-to-heart talk in Taixue spread quickly, and scholars became calm.  ¡°After all, there have been laws in all dynasties, and whether the administration is clear and transparent is directly related to whether the laws are enforced and supervision is in place. Everyone knows this.  Everyone is just worried that the emperor will abandon Confucianism and even burn books and harass Confucianism again like the First Emperor.  After this worry is eliminated, scholars can understand the behavior of reforming the judiciary.  Qin Mu took advantage of this spring breeze and held another court meeting to announce the judicial reform plan.  This is a grand court meeting in the Zichen Hall. Officials not only have to perform three kneels and nine kowtows, but unlike the regular court held in the Zizheng Hall, officials from the third rank and above have seats to sit at.  In the great dynasty of Zichen Palace, all the officials did not have seats. They all stood in ranks according to their official positions.  Qin Mu held a court meeting in the Zichen Hall to discuss the judicial reform plan, not without using this solemn ceremony to declare the emperor's authority.  In the majestic and solemn Jinluan Hall, Qin Mu Yumian was in full uniform, sitting high on the throne with nine golden dragons entwined on the Danqi. Looking straight at him, all the officials in the hall were bowing and standing, and the clouds and the sky outside the hall were all looking at him.  .  Wang Fuzhi, a Hanlin scholar, came out of the class and read aloud: "The purpose of this judicial reform is to make the judiciary more neutral, independent, unified, professional, open and authoritative. The specific reform ideas will be along the lines of  Among these five directions of exploration, neutrality requires the presiding officer to be balanced on both sides like a scale, while independence is to ensure that the presiding officer is not subject to interference and pressure from all parties.  The actual situation of the case. A fair trial in accordance with the law; and uniformity is to avoid judicial chaos, different places doing their own thing, uneven sentencing, and local protectionism affecting the trial, resulting in similar cases reaching different trial results.  As for professionalism, it is not difficult to understand that without professional judicial officials, no matter how good the judicial system is, it will be difficult to implement it, because judicial trials often involve human lives, and unjust and false cases will inevitably occur.  It is outrageous; therefore, it is necessary to make the trial process public and allow the public to observe the trial, so as to accept the supervision of many parties, so as to prevent the presiding officials from operating in secret, corruption and perversion of the law, so as to maintain the final authority of the judiciary.  . As the last and most important characteristic, it is determined by the previous characteristics. That is to say, the neutrality, independence, unity, professionalism and openness of judicial power determine that it must be authoritative.  . The legislative authority has legislative authority. The executive authority has administrative authority. As the enforcer of laws enacted by the legislative authority and the supervisor of administrative law enforcement actions, the judicial authority needs authority. In other words, no one can deliberately destroy or harm it.  The authority of the judiciary" Mrs. Wang was very angry and read out loud.  After explaining the six main themes of judicial reform: neutrality, independence, unity, professionalism, openness, and authority, they returned to the train.  Qin Mu spoke up: "Ministers, what do you have to add to this? But please speak frankly. In addition, in order to ensure these six judicial characteristics, ministers please give us detailed suggestions on how to reform the judicial institutions and improve their hardware and software."  "Sima Kai came out first and said: "Your Majesty, I believe that in order to ensure the fairness of the judiciary, it must be stipulated that officials who preside over judicial trials are not allowed to hold other positions concurrently, so as to avoid making decisions due to the involvement of their positions.  Judgments that violate justice. Looking at the official criminal law, its enforcement and judgment powers are in the hands of local officials. This is an important factor leading to judicial corruption. It is not uncommon for local officials to disregard the law for the sake of political performance.  Although the judicial power of the Qin Dynasty is currently separated from the local chief officials and handed over to the deputy officials, the deputy officials are still in a subordinate relationship with the chief officials. It can be said that the medicine is changed without changing the medicine.  It is believed that, first of all, local officials in charge of justice should immediately be completely separated from the administrative system, and separate yamen should be established to conduct independent trials. In addition, it is particularly important for all officials who are engaged in justice to be honest and impartial, and their family members should be prohibited from doing business before taking office.  The property declaration must be made public, and you must undergo property review when resigning or being promoted." After Sima Kai said this, the imperial envoy Zhang Xiaochen immediately came out and said loudly: "Your Majesty, what do you think???There are still some shortcomings.  Your Majesty, I suggest that all judicial officials should implement a lifelong responsibility system, that is to say, he must be responsible for every case he handles to the end.  In the future, regardless of whether he resigns or is promoted, as long as there are unjust or false cases in the cases he has handled, he will be held accountable.  Moreover, as law enforcement officials, if law enforcement breaks the law, the crime should be increased to one level and severely punished.  " "Yes, if a person is greedy for money and benefits, he will do business instead of becoming an official.  Your Majesty wants to reform the judiciary to make it neutral, independent, unified, professional, open, and authoritative. He must have strict requirements for officials engaged in the judiciary. Even if it is harsher, he will not hesitate to do it for the sake of the livelihood of the people.  .  " The imperial officials in the palace came out one after another to dig out corners and plug loopholes, as if they were turning the future judges into saints. Don't even think about any selfish thoughts. Some of them probably really want to put an end to private legal corruption.  But there are also people who are dissatisfied with the judicial reform and vent their anger on the "judge". I may be judged by you in the future. Well, I will first make you a "sage" that I can't even touch.  We need to see who is willing to be the judge. Officials are very clear about the ways of the officialdom. After treating "judges" as public enemies, they do a great job of preventing leaks and implementing property reviews for resignations and promotions.  How is this enough? It must be checked every year. During the trial, both parties are not allowed to meet privately, and the case handling must be supervised by local councilors This scene in Zichen Palace made Qin Mu dumbfounded. This was fire prevention.  Preventing theft and preventing judges, you don¡¯t even want to make a small profit But having said that, no matter what, it is always good to prevent the judges from getting in trouble. Qin Mu believes that there are still people who are willing to do it.  There are many people who seek profit and fame. It is estimated that such people will rush to do this job. Judicial reform is the top priority, but the more this happens, the more it must be done step by step. The first step is to reform the Ministry of Justice and establish another one.  The court system assigns judicial power to the courts; the Ministry of Punishment only retains law enforcement power and has vertical jurisdiction over the local patrol departments, which is actually equivalent to the police system. The local magistrates and county magistrates are also separated and established independently.  The local court also stipulates that the relationship between superior and subordinate courts is a supervisory and guidance relationship, rather than a relationship between leaders and subordinates, to maintain judicial independence. In other words, superior courts are absolutely prohibited from intervening in the trial activities of lower courts at any time, only if the parties request it.  Only upon appeal can the higher court make a decision to revise or uphold the judgment of the lower court. As for other administrative departments, they are strictly prohibited from interfering in the training, selection and promotion of judges at all levels.  Detailed regulations are in place to prevent minor changes. Officials from various departments are discussing this very enthusiastically, and Qin Mu is not willing to let go of any loopholes. In fact, this is only the first step in judicial reform.  The system actually includes several departments such as legislation, supervision, law enforcement, and trial. The censor is responsible for supervision. In fact, the fairness of the trial is important, but whether the supervision is in place is even more important.  After the reform is completed, Qin Mu must purge the Metropolitan Procuratorate and improve the supervision system. When the time comes, the person who will undergo the surgery is the most popular Yushi Yanguan.  ****************** ps: The internet is disconnected today, so this update is late. There will be another chapter later. Please support me and subscribe to the original version. (To be continued, please search Piao Piao.  Astronomy and novels are better and updated faster!
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