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Volume 2: Hu Qi Xiliu Zhe Chapter 138: The Key to the Center (8)

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    ps: Thanks to Eagle Zhou, Qianyuan Henry Zhen, and Sunnyson for their rewards.  On September 10th, King Qi Li Maozhen, accompanied by his minister Han Wo, came to Luoyang, the eastern capital.  Li Chengzhong led hundreds of civil and military officials to welcome Shili, and brought this famous feudal town into Luoyang City in the past twenty years.  After visiting the Qianyuan Hall to pay homage to the Emperor Li Zuo, Li Chengzhong left Li Maozhen to have a detailed discussion at the Tiance Mansion in the imperial city. Among them were the chief of Tiance Mansion, Shi Han Yanhui, and Sima Li Zhen.  After tea and soup were served, and after a few chats, Li Maozhen brought the topic to the matter that concerned him the most: "I heard that the Supervisor wants to change Taiwan's constitutional system and reshape the power of the censor, but I don't know how to do it?"  Han Wo also introduced the restructuring to Li Maozhen on the road, but the restructuring had not yet been implemented. When he was ordered to go to Fengxiang, even the specific restructuring regulations had not been issued, so there was no detailed information.  Compared with staying in the pass to serve as the head of the Honorary Academy, Li Maozhen is more interested in taking charge of the Yushitai. In the final analysis, no matter what position, real power is the most important.  Although Han Wo was not able to explain in detail, it is more tempting to serve as a censor.  The imperial censor of this dynasty is in charge of the constitution, which is the third rank, equivalent to Zhongshu and deputies, or the same rank as ministers of various ministries, but his authority and power are much greater. According to the imperial system, the imperial censor "is in charge of the criminal code,  "Correction of the sins of hundreds of officials" can be entered into the political hall to "listen to the discussion".  The deputy position of the Yushitai is Yushi Zhongcheng, who assists the Yushi doctor in handling Taiwan affairs.  There are three courtyards under the Yushitai, namely Taiyuan, Dianyuan and Chaoyuan, which are served by Shi Yushi, Dian Zhongshi Yushi and Supervisory Yushi respectively.  It should be noted that the Censor of the Three Courts is not an office with a clear hierarchy, but is similar to the "committee" system of later generations.  ¡°For example, there are at least a dozen or as many as dozens of Shi Yushi responsible for picketing central officials. They are all equal to each other and can carry out correction work independently.  You can't control me, and I can't control you.  For the same case, if Yushi Zhang doesn't want to take care of it, then there is Yushi Wang. When Yushi Wang was in charge, he felt that it was too difficult to handle, and Yushi Li continued to work hard. Even for many major cases, there would be multiple censors taking over at the same time.  Either a joint investigation or an independent impeachment.  ??As for the Yushi Dafu and Yushi Zhongcheng who are the chief officials of Taiwan Constitution.  They can jointly organize large-scale investigations, and they can also exert influence on various censors during the investigation, but they do not have the power to order a certain censor what to do or what not to do. When the case is taken over, even if they are from the eighth grade,  The power and responsibilities of the small inspection censor are equal to those of the superior censor.  Taiwan's constitutional chiefs can of course use other means to interfere with the investigation progress of the case, such as fines, participation in impeachment, transfers, etc., but if they encounter a young censor with strong strengths.  While interfering with the case, Taiwan's constitutional ministers must also be prepared for the risk of backlash, and the risk is very high.  This system, which is similar to an independent investigator, did not appear in some countries until thousands of years later.  And it has become an important symbol of judicial independence.  Later generations said that the bureaucracy system had almost reached perfection by the Tang Dynasty.  Very few countries can do it.  "It's a pity that after Tianbao, because of well-known reasons, the Yushitai was almost abandoned.  The official title of Censor can often only be used as an additional title for officials, and is no different from the casual title.  Therefore, after Li Chengzhong learned about the Yushitai system in the Tang Dynasty in detail, he immediately felt very good about it and was ready to follow this system, which is the reshaping of the Yushitai proposed by Li Chengzhong.  The official position that Li Chengzhong planned to leave to Li Maozhen was the imperial censor, who was in charge of supervisory affairs and responsible for correcting and impeaching hundreds of officials.  However, considering Li Maozhen's academic level, two officials in charge of laws and regulations from the Changshi Mansion of King Yan were specially transferred from Youzhou to assist him and serve as Yushi Zhongcheng.  The Yushitai needs to act in accordance with the law, but there is only one "Yonghui Shulu" in the Tang Dynasty. If we look at it according to the standards of later generations, "Yonghui Shulu" is inclusive of everything, but it is not detailed. In other words, there are principles but no rules.  Standards, there are no measures based on the basis.  The same case can be interpreted from various angles, and all make sense. The consequence of such a code is that human factors account for a very important proportion in the judgment of the case.  In response to this situation, as early as the Yingzhou era, Li Chengzhong organized manpower to split the Yonghui Law, draft special laws in various aspects, enrich and expand the content of the law, and minimize the space for judging cases based on factors.  In Youzhou today, there are dozens of laws with the suffixes of "decree", "order" and "code". As long as these things are moved to Luoyang and the names are changed, the legal system of the Tang Dynasty will be basically established.  In addition to the lack of a constitution, Li Chengzhong had already asked Wu Zhongzuo to get up from Youzhou and rush to Luoyang.  In addition to reshaping the Yushitai, Li Chengzhong placed a considerable burden on Li Maozhen's shoulders. Another important task was to restructure the Yushitai.  Yushitai is divided into Taiyuan, Dianyuan and Chaoyuan. Taiyuan is in charge of inspecting hundreds of central officials. Dianyuan is responsible for inspecting hundreds of central officials.The Procuratorate is responsible for inspecting the etiquette of officials, while the Procuratorate is responsible for inspecting local officials.  This kind of organizational division is actually to a large extent for the purpose of decentralizing power and preventing the Yushitai from forming a single-spoken organization.  However, Li Chengzhong felt that with the "committee" system in which various censors investigated cases simultaneously, such a division of power was unnecessary.  Therefore, he planned to merge the three academies into one, so that the Yushitai would appear with a complete and unified appearance. ??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? There are divisions divided according to each channel, and there is also a central division, which is responsible for supervising the tasks of central officials.  Each department dispatched censors to the areas they were responsible for to make their powers and scope relatively clear.  In the past, censors were also stationed in the censorship station, with one observer stationed at one place and one patrol in several states.  But this method is somewhat condescending and not very down-to-earth.  The inspection censor stayed in a certain state or county for half a year, and then immediately changed places, and stayed in the next state or county for another half year. It did have a deterrent effect on local officials, but the actual intensity of picketing was not large.  On the other hand, the aloof observers have too much power and can easily interfere with local government affairs. After Tianbao, many observers actually became the highest administrative officers of a league, and even evolved into Jiedushi. Instead, they neglected their own duties.  Throw it away.  Li Chengzhong¡¯s restructuring is mainly aimed at this point. Generally speaking, it is six words: permanent, rotation, and dedicated.  For example, in Hebei Province, there is a special Hebei Supervisory Envoy Yamen. Below the Dao Road, each state has another Supervisory Envoy Yamen, and even every county has an Inspection Envoy Yamen.  This is what permanent means, which is to allow the Yushitai to be permanently established from the central and Taoist levels directly to the county. Such a move is in line with Li Chengzhong's official system in Hebei. The core idea is to transfer the disposal power downwards.  In order to prevent the Yushitai Yamen from colluding with local officials by staying in one place for too long, rotation every three years has become inevitable. Starting from an observation envoy to the county inspection envoy, regardless of rank, one must be replaced every three years.  Place, this is the rotation system.  As for single-mindedness, to put it simply and concisely, it means focusing on supervisory affairs and not participating in local government affairs. To put it bluntly, the censor must concentrate on the work of the censor and don't think about dictating local affairs. Otherwise, the supervisor will steal from himself and the supervisory affairs will become  furnishings.  In the permanent Yushi Yamen, the system of independent case handling is also implemented.  For example, the Hebei Province Inspectorate has multiple "co-observers", ranging from three to as many as five, who can independently take over cases without being coerced by the Yamen chief, ensuring that the supervisory agency will not become a monolithic organization.  Li Maozhen finally asked a question, why would such an important department be trusted to be handed over to a veteran like himself who came from the military?  In this regard, Li Chengzhong smiled and explained, there were only three reasons: First, Li Maozhen had been King Qi for a long time and his family was extremely wealthy. Comparatively speaking, it was not easy for him to delay his duties for money; second, Li Maozhen was a big boss, but he did not  It is easy to be eroded by the big dye vat of the civil service system; in the end, as long as the national system is perfected, it does not matter whoever is the censor.  Such a straightforward answer made Li Maozhen blush slightly, but she felt relieved.  Li Chengzhong also told Li Maozhen two principles: public weapons should not be used for personal gain - this is the most important criterion for Yushitai's investigation. It can only investigate and impeach but not judge - the judgment of the case must be completed by Dali Temple.  After Li Maozhen left with satisfaction, Wu Zhongzuo also arrived in Luoyang.  There was only one reason for calling Wu Zhongzuo to Luoyang, which was to establish a court system like that of Youzhou. Of course, Li Chengzhong followed the system of this dynasty, which was to restore the Dali Temple.  The predecessor of Dali Temple was the Tingwei in the Han Dynasty, and it became a special administration in the Northern Qi Dynasty.  During this dynasty, Dali Temple specialized in the sentencing of major cases. All so-called major cases involved officials. Therefore, Dali Temple became an institution specializing in judging cases involving officials.  However, the authority of Dali Temple is not high, and the judgment of the case requires the review of the Ministry of Punishment. In many cases, the Yushitai will be involved in the same judgment, which is the so-called "three-division trial".  The decision-making of cases by the national administrative department is a system that has existed in China for thousands of years. The power of judgment lies with the Ministry of Justice, which is an absolute shackle for judicial independence.  What Li Chengzhong wanted to reform was to expand the authority of Dali Temple.  On September 15th, Li Chengzhong issued an edict in the name of supervising the country and promoted him to the third rank of Zhengqing of Dali Temple. His position was higher than that of Yushi Dafu. Like Yushitai, he was not subject to the control of Zhengshitang.  On the same day, Wu Zhongzuo was ordered to be the chief minister of Dali Temple and the Dali Temple was reorganized.  The new Dali Temple expanded into a systematic yamen from the central government to local prefectures and counties, with various functional departments and a circuit department.  At the local level, there is a three-level court system of capital court, main court, and branch court, which hears and adjudicates cases at the three levels of province, state, and county respectively.  The Circuit Division within Dali Temple is responsible for dispatching circuit courts to travel among counties to wait for appeals against judgments.  For the construction of the court system, Li Chengzhong gave a timetable, requiring Wu Zhongzuo to complete the construction of the entire framework within three years. After three years, all the judgment rights that originally belonged to the Ministry of Justice will be transferred to Dali Temple. By then, the entire Datang Dynasty will only have  a adjudicating body to reach a verdict?Accurate identity.  (To be continued, please search Piaotian Literature. The novels will be better and updated faster!
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