Chapter 137 Justice
In addition, in terms of the Ministry of Criminal Justice, at the beginning of the founding of the Daizhong Dynasty, because Xiao Tianjian did not find a suitable candidate, the position of Minister of the Ministry of Criminal Justice was temporarily vacant, but this matter did not stagnate. He appointed Sun Chuanting, who had captured before, as the servant of the Ministry of Criminal Justice, and temporarily led the matter of the Ministry of Criminal Justice. Because of the new establishment of the Dazhong Dynasty, The law of the Great Middle Dynasty has not been promulgated, so the law of the Great Ming Dynasty of the previous dynasty will continue to be based on the punishment within the jurisdiction of the Great Middle Dynasty.
For Xiao Tianjian, this is acceptable when he didn't have time to pay attention to this matter before, but now the north has been temporarily calmed down, and the Ming Dynasty has essentially been overthrown. Therefore, as a new dynasty, the Great Zhong Dynasty still uses the laws of the previous dynasty. After he returns to Nanjing and has time, it is unacceptable to him. .
Therefore, as soon as Xiao Tianjian returned to Nanjing, he ordered the officials of the Ministry of Criminal Justice to gather a group of people who are familiar with the law and devote themselves to the compilation of the law of the new dynasty. After more than two months of the joint efforts of dozens of competent officials, a Dazhong law that was revised on the basis of the Ming Law was basically formulated. .
This Dazhong Law has been submitted to Xiao Tianjian. After watching it carefully, Xiao Tianjian put forward some amendments. Although this Dazhong Law is more detailed and practical than the previous Daming Law, it is far less detailed than the law of later generations, and there is no difference between criminal law and civil law, but in this In the times, in a hurry, it is also unrealistic to follow the series of codes promulgated by later generations.
Therefore, considering that many things need to be implemented step by step, Xiao Tianjian was still before the Spring Festival. Zhu criticized this big and medium law and issued a decree to start printing and publication. After the Spring Festival, it was issued to all ministries and local governments to familiarize with officials and put forward opinions for final revision, and decided to officially start in March after the year. Use, discard the Daming Law used before.
Considering the rush of time, there must be many imperfections, so when Xiao Tianjian and Zhu approved it, he specially added the word "temporary" to this large and medium law. After the implementation of use, he found shortcomings and revised them in the future and gradually improved them.
Moreover, Xiao Tianjian also issued a decree that after this large and medium law is distributed to various places, it will be copied into a notice, selected places to be posted, publicized to all the public, and sent people to publicize it every day, so that the people can also have a preliminary understanding of this law before the implementation of this law, and use it to regulate personal behavior. At that time, it will be implemented. Many people don't know.
In addition, Xiao Tianjian believes that the power of ancient local administrative officials was too centralized, their responsibilities were unclear, and all the civil affairs were taken at one hand. Although there were auxiliary personnel such as the master Bo, the county magistrate, the arrest head, the government officials, etc., the judicial power was also too centralized. Although many officials were recruited through the scientific examination, but the imperial examination was promoted in the Ming Dynasty. In exams, what scholars learn is very narrow. Many officials don't understand the law at all. When they preside over some punishments, it is easy to have unjust and false cases, and it is easy for one person to have the final say, and it is also easy to breed corruption and corruption.
Therefore, Xiao Tianjian believes that administrative power should not be too centralized, judicial power should be independent, and judicial power should not be too centralized. It is necessary to decentralize powers and establish a mechanism similar to the mutual restriction of police, prosecutors and judges in later generations.
And there is another more important reason, that is, many places in the Great China and North Korea have been paced down. Although Xiao Tianjian has been very careful not to let the military interfere too much in local government affairs, in the chaotic situation, the military must first pacify the place by force. Then the power can be handed over to the administrative officials. Once the local situation is calmed down, the military can no longer interfere in local government affairs.
Now the situation in various places that have been controlled by China and North Korea is gradually calmed down. For some local arrests of thieves or civil disputes, they can no longer rely on the army. Therefore, the local government must have a strong department to complete these things. Otherwise, local administrative officials will have to rely on the military. It is very unfavorable for the country to govern in the future, and it is easy for some officers to interfere in local affairs.
In ancient times, for local public security, in the Ming Dynasty, it was mainly the catchers under the states and counties and quickly to exercise such powers. Therefore, after discussing with the ministers, Xiao Tianjian decided to restore local force in some prefectures and counties where the situation was already stable to take over the temporary power exercised by the military.
In the states and counties of the Ming Dynasty, there were catchers to lead some catchers to do this kind of thing, but these people did not pay wages, and there were only ten taels of "work, food and silver" every year. These people could only find ways to solve it by themselves. Therefore, the arresters in the Ming Dynasty were very harmful to the localities, and most of them had to be full through extortion. Sing enough for their lives.
Xiao Tianjian will definitely not do it to restore such a system, so after thinking about it, considering that the police is the title of later generations, he decided to set a new name, so the Dazhong Reconnaissance House, a department similar to the police station of later generations, was newly released.
Detection, as the name implies, investigation is to investigate various cases, and arrest is to be responsible for arresting prisoners, which basically summarizes their responsibilities. (I don't want to make the name of the investigation team. During the Republic of China, the investigation team was too famous!) In this way, together with the previous state and county works, they are also included in the investigation house, and all the expenses of these people are the responsibility of the state finance, and everyone has a monthly salary to receive. In this way, they can use their salaries to support their families, and they don't have to rely on extortion and bribes to make a living. To a certain extent, their behavior can be controlled. Although on the surface, the burden on the state has increased a lot, in essence, it is still of great benefit to the country.
At the same time, the introduction of this measure also made the most grassroots officials happy. The official salaries of Daming are not high, and the salary is paid to the county officials, the main officials, and the county level. Officials have to pay out their own pockets to support a group of subordinates. Originally, the official salaries in the Ming Dynasty were the thinnest in the past dynasties, and officials also had to support their own subordinates. In addition, I have to support my family and live a decent life, so if an official doesn't think of how to spend money, it's really a damn! Therefore, it was very difficult to be a clean official in the Ming Dynasty. It is said that when Hai Rui was an official, he almost starved his mother to death! It can be seen that such a system is not suitable.
Therefore, in order to live, the officials of the Ming Dynasty could only find ways to accumulate money through various means, so local officials launched various unspoken rules, such as the infamous folding silver, dripping kicking and other means appeared one after another, which made the people hate it.
At the beginning, Zhu Yuanzhang also hated corrupt officials and took extremely harsh measures to punish corrupt officials, even peeling the skin and grass, but the corrupt officials killed them endlessly. They cut one after another like cutting leeks, and the corrupt officials also went forward and continued to work! This is also an important reason.
Grass-roots officials can accumulate wealth through all kinds of real power. Naturally, senior officials are not willing to show weakness and reach out everywhere. In the end of the Ming Dynasty, during the Chongzhen period, the power of Jinyiwei and Dongchang was weakened, and the officials became even more unscrupulous to accumulate wealth. At the beginning, the court did not fail to allocate food, but the food allocated by the Ministry of Household. After being stripped by officials and military generals, there is little left in the hands of soldiers. This is also one of the reasons why the Ming army's combat effectiveness is not strong, and there are also a large number of Ming troops who simply rebelled directly.
Since the Great Central Dynasty is newly established, it can no longer repeat the mistakes of the Ming Dynasty. Therefore, although Xiao Tianjian is not rich, he will never be stingy with the salaries of officials and generals. The salaries set by officials at all levels are quite high, and the hierarchy gap between officials is reduced, so that officials can rely on The salary is enough to support the family and live a more decent life.
Although raising lian with a high salary is not necessarily the ultimate way to control the corruption of officials, to a certain extent, it also makes officials with a little conscience no longer enrich their own pockets as they used to be. In addition, the unannounced visits of the Supervision Institute have flowed to various places for supervision. If the officials of the Middle School and North Korea want to be greedy, they have to risk a lot of money. Risk.
Xiao Tianjian's idea is very clear. I will give you money to spend, let you have money to spend, and you can live a good life, but if you officials dare to reach out, then I'm sorry, I don't have to be polite when I kill you again!
This is also a disguised increase in the crime cost of officials. Since life is secure, they have to think about it first. Once they are caught, it is worth it for them! To put it bluntly, the Supervisory Commission Against Corruption, which is similar to the later Hong Kong, specializes in cleaning up those unscrupulous officials. In addition to the implementation of the judicial independence system in the future, Xiao Tianjian believes that through various means, the corruption of officials can still be controlled.
The establishment of the investigation room is not a matter of one sentence. These people not only need to be vigorous, but also these people have to let people preach the law before they enter the job. In addition, Xiao Tianjian also issued a decree to reprint a large number of the forensic monograph "Redress" written by Song Ci, a forensic expert in the Song Dynasty, for investigation at all levels. The house arresters and those for learning save that these guys are rude people and do too many stupid things.
The problem of the police has been solved, so the next step is the problem of prosecutors and judges. Xiao Tianjian decided to carry out reform from top to bottom. Similar to the court, there is nothing in ancient times. Dali Temple is actually equivalent to the Supreme Court of the country, so Xiao Tianjian is now working in Dali Temple to make Dali Temple in the future. He is in charge of the trial, called Dali Temple. In essence, it is the position of the court of later generations. The personnel are also filled with people who are familiar with law. They are independent and independent from anyone's interference. They are nominally only responsible to the emperor and have completely independent trial power. Officials at all levels in the province often interfere in the trial.
And Xiao Tianjian decided to set up the Dali Temple in the local government-level area first, and then spread it out to the county level when the conditions are ready in the future.
The court system was also established, and then Xiao Tianjian set up a prison system under the criminal department. This prison has been in charge of prison for a long time, so it is not a new creation, but it is necessary to establish a special prison in the country in the future for criminals to serve their sentences.
The person who commits the crime, the person who should be killed, and the person who commits the most heinous crime, is still sentenced to Ling Chi. In this era, this kind of torture is still necessary. After all, human rights have not been raised yet. Xiao Tianjian also believes that there are some bastard things that can't be resented, so he did not abolish Ling Chi's punishment! In addition, those sentenced to death can also be beheaded, and those who are less guilty can also be hanged. In short, according to the severity of the crime, the death penalty method is also distinguished.
For those criminals who are not guilty of death, they will be sentenced to live punishment. Among the live punishments, it is divided into imprisonment and corporal punishment, and the punishment of corporal punishment. Xiao Tianjian abolished the torture of cutting his nose, digging his eyes, cutting his ears, and piercing his face, but changed it to whipping.
Xiao Tianjian appreciates the flogging of Singapore in later generations. He believes that through such a flogging, he can also punish some people who make mistakes and let them experience the horror of crime. He dare not easily commit it again in the future, but it is too cruel to cut off his nose and ears, so he replaced these crippled coolness with the punishment of flogging. Punishment.
It's easy to say about imprisonment. Xiao Tianjian decided to improve the original imprisonment and set up prisons similar to later generations in various places, so that the sentenced prisoners can enter the prison to serve their sentences. In this way, the criminals can be concentrated as free labor and do some work, such as the construction of river embankments and roads funded by the state. It is more appropriate for these criminals to do things such as reclaiming farms, mining and so on! It is necessary to save money to support them, and the labor force should be fully utilized.
However, Xiao Tianjian did not completely cancel the sentence, because he has other plans. He firmly believes that the territory of the Greater China and the DPRK will definitely expand their territory in the future. Moreover, the living conditions will definitely be relatively bad. It is very difficult to encourage Han people to emigrate alone, so some prisoners can They are sentenced to exile, and they are sent to remote places to be responsible for exploring and building infrastructure. When the basic conditions of remote places are good, a large number of immigrants are encouraged. After the sentence is completed, these people who are sentenced to be resettled on the spot and are not allowed to return to their place of origin, so that they can become the aborigines in remote places, which can be strengthened. The central control of the Central Committee of China and North Korea over remote places.
Therefore, after this adjustment, the power of the Ministry of Criminal Justice has been greatly expanded, and the trial power of local administrative officials has been transferred to the independent judicial system jointly constructed by the three powerful departments of the investigation room, the Dali Temple and the prison, so as to lay the foundation for the long-term stability of the future.
Originally, Xiao Tianjian wanted to introduce the prosecutor's system immediately, but considering that the implementation of this matter is still immature, the prosecutor is a completely new matter. Even in the West, this system came a long time later. Therefore, after careful consideration, Xiao Tianjian did not implement the prosecutor system for the time being, but This does not mean that it will not be implemented in the future. Anyway, in the future, he will set up a special judicial college to train these judicial talents. After the conditions are ripe, it is not too late to implement it! In a word, he has an idea that in the future, China and North Korea must gradually change from a people-ruly society to a society under the rule of law, so as to ensure the long-term stability of the country.