Chapter Prudence
Here we can find that the power of Dali Temple was divided during the Tang Dynasty, but its power was more refined and perfected, and it had greater autonomy in judicial trial work. Of course, major judicial cases such as death penalty cases need to be submitted to the emperor's decision, and the emperor has the final right to interpret. The three-charity system represented by Dali Temple in the Tang Dynasty was relatively complete.
By the Song Dynasty, the scope of authority of the Ministry of Justice was further expanded. He no longer only did judicial administrative work, but directly reviewed the cases tried by Dali Temple, which added a layer of restrictions to the judicial activities of Dali Temple, balancing the power of the three judicial departments. In the Song Dynasty, another judicial organ - the Criminal Court was added.
The Criminal Court was a trial and review agency established in the early Song Dynasty and enjoyed part of the trial power. The Criminal Court was also called the "Criminal Court in the Palace". Its establishment was a measure taken by the emperor in the judicial field to strengthen centralization. Its powers originally belonged to the Dali Temple and the Ministry of Justice, deprived of the rights of these two judicial institutions, and the purpose was to strengthen supervision of these two judicial institutions.
The Chief of the Criminal Officer is the magistrate, and he needs to report various cases of the emperor. He will first be tried by Dali Temple, and then report to the Criminal Officer for review. The Criminal Officer and other subordinates discuss, and then submit the handling opinions to the Emperor. Zhao Bing initially wanted to implement judicial independence, and the Ministry of Justice was responsible for investigating the case and conducting the preliminary trial. Then the Dali Temple reviewed the case, and the Criminal Officer supervised the investigation and trial of the case.
But Zhao Bing thought about it and gave up because he thought it was difficult to achieve judicial independence under a feudal system and a society with rule of man as the foundation, and all three departments were at risk of being laid off. It was difficult for institutions that were facing survival crises to be able to do things with peace of mind.
Of course this is not groundless. The changes in Dali Temple in the Yuan Dynasty were even more obvious. Because the central administrative structure was very different from those in the Tang and Song dynasties, the Secretariat, the Privy Council, the Xuanzhengyuan and other agencies controlled the country's judicial administrative work. Dali Temple was once abolished or incorporated into the Ministry of Justice. Even if Dali Temple was later re-established, it was not treated as a central judicial organ. Dali Temple faced the danger of disappearing into the long river of history.
Although the Ming Dynasty rebuilt the Dali Temple system, the power of the Dali Temple underwent major changes. After the Ming Dynasty overthrew the Yuan court, Zhu Yuanzhang rebuilt the "Three Laws" and issued an edict to rebuild the Ministry of Justice, the Censorate, the Dali Temple, the Criminal Office, the Five Army's Office of the Trial Affairs Office outside the Taiping Gate of Nanjing. He directly upgraded the Dali Temple Minister to the third rank and was in charge of the government orders for the review and rehabilitation of the criminal case.
In other words, the power of the Ministry of Justice was transferred to the position, and the Ministry of Justice was responsible for the trial, and the Dali Temple was responsible for the review, which was exactly the opposite of the Song Dynasty. Moreover, during the Hongwu period, the Dali Temple was changed to the Mokan Department and was directly cancelled. It seemed to be as free as possible, but in fact, it was further divided into the judicial power of the Dali Temple into other departments such as the Ministry of Justice in order to strengthen the imperial power.
After Zhu Di, the Emperor Chengzu of the Ming Dynasty, ascended the throne, consolidated the establishment of Dali Temple. After moving the capital to Beijing, Nanjing also left a set of identical imperial institutions. Therefore, Chengzu set up two temples in Beijing and Nanjing, with one temple chief and two judges to assist the Dali Temple ministers in their work. From then on, Dali Temple officially became a judicial organ responsible for reviewing cases and rehabilitating unjust prisons.
The "Three Laws and Justices" system in the Ming Dynasty was further improved: the Tang Dynasty's Censorate became the Censorate, the Ministry of Justice, and the Censorate was mainly responsible for the preliminary trial of cases, while the Dali Temple was mainly responsible for the review of cases. On the basis of the Three Laws, a case was jointly held with the Secretary of the Six Ministry and the Tongzheng Envoy Department, which was called "round trial", also known as "Nine Ministers' Meeting".
On the basis of the Ming Dynasty, the Qing Dynasty further improved the judicial system and created systems such as autumn trials and court trials, allowing Dali Temple to participate. However, the power of Dali Temple is basically the same as that of the Ming Dynasty, but the rank was reduced to the fourth rank. By the late Qing Dynasty, influencing the reform movement, Dali Temple was changed to Dali Court, and the rank of the chief minister of Dali Court was upgraded to the highest rank in history. However, the Qing Dynasty had exhausted its energy and perished before the judicial reform began, and Dali Temple completely withdrew from the historical stage.
Therefore, from the perspective of historical development, especially in the feudal society where the rule of man is the political subject, Zhao Bing thought that not to mention the advancement of a rule of law society in one step, even if the rule of law in later generations still has a long way to go. Based on this judgment, he believed that under such an extremely harsh environment, the survival of several judicial institutions would be threatened.
The rule of law is an important measure to maintain social harmony and ensure the continuation of the system. Zhao Bing can only take the curve to save the country, and divide the three judicial institutions into three main departments. In this way, even if there is any change in the future, all parties will try their best to protect this important department in their hands in order to balance their power and avoid being laid off during the struggle against North Korea.
Although this method is dirty, Zhao Bing is also helpless. Social progress has never been achieved overnight. It always requires a process of development and evolution, and it will be very long and difficult. But someone will eventually have to do it. Zhao Bing is the first step he has taken at this moment. He cannot guarantee success. He only hopes to leave a way for future generations, or maybe it is just an idea, that is enough...
Zhao Bing spent a day to write his ideas into a copywriting. Of course, this is just a draft, and it is very general, requiring a lot of details to fill in or make modifications. However, this is also something he intended. He could not show all the cards at once, and he also left room for others to play so that he could take the initiative in the discussion, even if it was a compromise.
As for the establishment and power of the inner court, Zhao Bing had ideas, but did not form any text or disclose too much. But this topic could not be avoided in the end. He planned to use this as a trump card to control the field. Once the situation was out of control, he could suppress the foreign court by strengthening the inner court and regain some of the power; if everyone could understand each other and compromise on some issues, then he would not care about giving up some of the original power and joining the foreign court.
"The two gentlemen are cold at night, so why are they still interested in seeing the lake view!" Zhao Bing walked out of the study room and came to the top deck. Seeing Wang Yinglin and Xie Fangde staying here, he stepped forward and said.
"See Your Majesty, we are trying our luck!" The two turned around and bowed, and Wang Yinglin said with a smile.
"Oh, what other words are there?" Zhao Bing was also excited and asked in surprise.
"Your Majesty, there is Xiangming Mountain in the south of the Thunder Pool. Taoism is long-lasting. According to legend, there are the Eight Immortals Zhang Guolao, Han Xiangzi, Han Zhongli and Lu Dongbin, who all opened a temple to teach or collect herbs and refine elixirs. During the Han Dynasty, two real people, Mei Fu and Luo Yin, lived in seclusion in Mingshan to refine elixirs. On dark nights, the people saw thousands of lights, and the distance was flashing. According to legend, it was the fire flames that the immortals refine elixirs back then!" Xie Fangde introduced.
"Tonight, the stars are hidden in the clouds. I and I are idle and have nothing to do. I wonder if I can be lucky enough to see this wonderful scene and have a fate with the immortal family!" Wang Yinglin said.
"Haha, there is still this? How can the Dan Fire last for a thousand years? This is too bizarre!" Zhao Bing smiled. He did not believe in this. Some strange stories in ancient times can actually be explained by modern science. He felt that it was mostly because of natural phenomena and could not make reasonable explanations, so he forced himself to the illusory immortals.
"It should be a foolish and reckless man who can't be honest, but it is also a rare wonder. He can only have fun in his spare time." Wang Yinglin said with a smile.
"You can't say it lightly. The people of our dynasty believe in the interpretation of the Tao, and they often use this to disrupt the country. Recently, I have received letters from friends in the capital, saying that something strange happened in the capital, saying that on rainy nights, lights and shadows flashed in the West Lake, and there was nothing else when you look closely. So there was rumors that monsters appeared in the lake, and the lights were the lights of their eyes. Some monks and Taoists took the opportunity to confuse the public with their evil words, saying that this was a sign of the country's chaos, which made the people panic, and the temples were incense, and they made money from it." Xie Fangde smiled bitterly.
"If it were just a demon monk and Taoist who deceived the foolish people's money, it would be a great thing. What makes people worry is that someone took the opportunity to cause trouble, disrupt the court's principles and incite public opinion." Wang Yinglin said, "In the past, Qin had unified the six kingdoms for ten years, and a meteorite fell in Dongjun, with the words "The First Emperor died and the earth was divided." So someone took this to make trouble and passed on God to issue an edict to destroy Qin. Rumors were spread throughout the court and the country, and all foolish men and women knew about it, which caused national chaos."
"Well, this matter must be guarded against." Zhao Bing nodded. In ancient times, there were many incidents in which they used celestial phenomena and visions to create panic and incite public opinion to achieve their own goals.
"Your Majesty said very much. Qin was over and the year after the death of the First Emperor, the world was in chaos and the heroes were competing for the victory, which was not unrelated to this." Xie Fangde also said.
Zhao Bing frowned and said nothing. He knew this history. After the unification of Qin Shihuang, the county system had replaced the feudal system. The new destiny had been established with the emperor's title and the five virtues. The emperor also fulfilled the religious responsibility of Fengshan. Laws, measurements, words and even the rails were placed under the same standards. The weapons were collected and melted and recasted into the golden man and placed in the heart of the empire.
The emperor went on a tour around to inspect the territory of the empire. He focused on agriculture and farming as a proven effective policy, and was promoted to the entire empire's field. The Legalists have been established as the orthodox idea of the empire, calling on the whole country to "take officials as their teachers" and learn the law. Meng Tian's army has defeated the Huns many times, and the Great Wall and straight roads have been built to effectively assist the empire's offense and defense. Heroes from all over the country have been moved to Xianyang in an orderly manner.
Chapter completed!