On the first day of October in 782 AD, Tai Chi Hall in Chang'an.
Zhao Ziliang sat on the throne and looked at the court agenda.
He raised his head and said to the ministers: "Recently, I have received relevant reports from the Imperial Envoy, Yushitai, Dali Temple, Prefecture and County Patrol Bureau, Yushi Department and Dali Department.
In the past six months, the rectification of officialdom has achieved remarkable results.
A large number of officials and subordinate staff have been investigated, interrogated, and even arrested and put on trial.
Here, I want to emphasize one point.
Officials are the mainstay of the imperial court and one of the main forces in maintaining and continuing the rule of the Tang Dynasty.
Our purpose in rectifying the officialdom is not to undermine the will of officials, weaken their power, and reduce their prestige in the hearts of the people, but to It is a means of self-examination, self-purification, and self-cultivation, in order to make our official group cleaner and tidier."
"For those officials who have problems but can reform through learning, education, self-examination, etc., we must give them a chance and not expand the problem.
For those officials who have violated the law, court regulations, and disciplines, But we can’t turn big things into small things and small things into nothing.
What should we do?
What else should we do?”
"Therefore, this requires the government agencies at all levels, including the Yushitai, the Ministry of Punishment, and the Dali Temple, to be extremely cautious in the process of investigating, interrogating, and judging officials.
We cannot wrongly accuse a good person, nor let a bad person go.
Zhang Yanshang, the imperial censor, Yan Ying, the chief censor, Xiao Fu, the minister of Dali Temple, and Liu Congyi, the minister of the Ministry of Punishment."
Several people who were named stood up, cupped their fists and raised their hands: "I'm here."
Zhao Ziliang said: "You have a heavy burden and responsibility.
Gu Ye knows that as long as people do things, they may make mistakes.
It doesn't matter if they make mistakes.
Just correct them immediately.
You will inevitably make mistakes in the process of handling the case.
It is possible If there are unjust cases, treating good people as bad guys may also allow the real bad guys to go free, but I hope that there will be fewer unjust cases, or try not to have unjust cases."
Several people bowed and agreed: "I will bear in mind your Majesty's teachings, and will fulfill my duties, work conscientiously, and be cautious."
Xiao Fu, the minister of Dali Temple, took a step forward and bowed his hands and said: "Your Majesty, I have a suggestion.
In order to minimize the occurrence of unjust cases, prisoners should be allowed to appeal to a higher level Dali Division after being sentenced for the first time, such as the County First Division.
The Dali Division at the highest level decides a case, whether it is a civil case or a criminal case.
After being sentenced, the prisoner can entrust someone else to appeal to the Dali Division of the state capital within one month.
The Dali Division of the state capital will transfer the files for review.
If the judgment of the case is considered to be doubtful, it can be sent back to the county level for retrial.
If If no doubts or violations are found, the original judgment can be upheld.”
"If the prisoner is still dissatisfied with the original verdict, he can continue to appeal to the higher level Dali Division to request a retrial.
If doubts are found, he will be sent back to the Dali Division of the state capital to request a retrial.
If there are no doubts, the original verdict can be upheld.
The prisoner You will have no right to appeal to Dali Temple.”
"But one thing is very important.
The execution of death row prisoners must be finalized by the Dali Temple in the capital.
If the prisoner is dissatisfied with the verdict, he can appeal to Dali Temple step by step.
Even if the prisoner has confessed his guilt at the Dali Division at the county level, he will no longer appeal.
The county-level Dali Division must also submit the case file The case, all exhibits and evidence, and the application for execution of the death penalty are submitted to Dali Temple for approval.
Dali Temple must complete the final ruling within half a year.
If it is found that there are problems with the original judgment of the case, it will be sent back to the place of origin for retrial.
If If no problem is found, the execution will be approved."
Zhao Ziliang nodded, looked at the ministers and asked, "What do you think?"
Gao Shang stood up and cupped his hands and said: "Your Majesty, I agree that even if it is a little more troublesome during the trial and trial, it is right.
After all, human life is at stake, and it is not a child's play.
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If it is other cases, even if the sentence is wrong, the sentence can be changed.
But the death penalty It’s different.
Once executed and the person’s head falls to the ground, they will never be able to return to peace, and it is impossible for the person to be resurrected.”
Li Mi also stood up and cupped his hands and said: "I second my opinion."
Other ministers stood up one after another: "I second my opinion."
Zhao Ziliang said: "Okay, since all the ministers agree, it's settled now.
Xiao Fu, you write a specific and detailed statement for Gu to read.
After Gu approves, Dali Temple will promulgate and implement it."
Xiao Fu agreed: "I will obey the order."
At this time, Liu Congyi, the minister of the Ministry of Punishment, stepped forward and bowed his hands: "Your Majesty, recently the governments and prisons in various places have written letters saying that the prisons are overcrowded.
There are too many prisoners.
The prisons are about to explode and the number of prisoners will only increase."
More and more, even the imperial jails are full, and there are more and more prisoners, and there is no place to hold them.
Therefore, they are asking for more budget funds to expand the prisons and recruit more guards."
Zhao Ziliang asked: "How do you think this matter should be handled?"
The ministers discussed one after another and asked Gao Shang: "Master Liu, although the court has never relaxed its rectification of officialdom, the officials and their families who have been arrested and imprisoned should not have reached the point where the prisons everywhere are crowded to the point of explosion, right?
, Could it be that every one of our officials in the Tang Dynasty has serious problems?"
This was also the doubt in the minds of many ministers.
Everyone looked at Liu Congyi to see what he would say.
Liu Congyi said: "Your Majesty, sirs, there are not many officials who can be arrested and imprisoned, and even fewer family members who are implicated in prison.
The main reason for the increasing number of prisoners in the court and local prisons is this time.
Rectification, rectification in the officialdom is not However, the elimination of evil spirits and unhealthy tendencies has also made officials dare not be passive and slack in their work, and they can also handle official duties seriously.
The detection rate and many old cases accumulated over the years have been solved, which has led to a sharp increase in the number of prisoners.
Except, there are The law has been revised several times, and the punishment for crimes has been divided very carefully.
Some crimes that are not worthy of the death penalty can only be sentenced to life imprisonment, twenty years' imprisonment, or ten years' imprisonment.
This has also led to an increase in the number of prisoners in prisons and even theft.
They were also sentenced to prison terms of three months, five months, eight months, and one year.
Others were sentenced to ten and a half days in prison for those who violated public order, such as fighting, gambling, and petty theft.
The moon must also be locked up in a prison, and the prison will not be able to hold it."
Li Mi frowned and said: "The purpose of our revision of the law is to make the law more perfect and better punish crimes.
Are these revisions still wrong?"
"Yes, yes, why did the revision of the law lead to more and more prisoners?"
The ministers started discussing again.
Of course Zhao Ziliang knew what was going on.
He waved his hand and said: "Okay, this is certainly not a mistake in revising the law.
In the past, there were only a few types of judgments in the law: death penalty, exile, whipping, exile, and imprisonment.
Among them, the death penalty and imprisonment are relatively small, and exile, exile, and whipping account for the majority.
After the revision of the criminal law, it was refined The level of punishment has been increased, resulting in more people in prison, and fewer people in exile, exile, and whipping.
Therefore, the number of cells is not enough.
In particular, many crimes are not worthy of the death penalty, exile, and exile, and are sentenced to whipping and imprisonment.
This is not What's the big deal?
How do you think we should handle the issue of too few cells and too many prisoners?"
Someone stood up and suggested: "Your Majesty, if prisons in various places have to increase funding and recruit more jailers, then this will be a huge expense, and the annual budget will increase a lot.
Weichen does not recommend increasing funding. , recruit more jailers, and Wei Chen thinks this is This is a temporary phenomenon.
In the future, when people realize the importance of obeying the law, fewer people will break the law and the prisons will be empty.
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There is no need to waste a lot of tax money now.
Regarding the problem of overcrowded prisons in various places, Wei Chen.
Think some rich people can be allowed to spend money to eliminate crimes."
Before the man could finish his words, he immediately encountered strong opposition, especially from those officials who were telling rumors.
The admonishing officer Pei Ji stood up holding a fluorene board and said: "It's ridiculous to use money to trample on the majesty of the criminal law.
Once this precedent is set, , the law will be filled with The smell of copper, in the future the law will become a tool for the rich.
As long as you have money, murder and arson will be settled with money, no matter what.
How is this different from buying an official position?
Zhenji, you harbor evil intentions, and you are so vicious.
The plan is to destroy the foundation of our Tang Dynasty."
After saying that, Pei Ji turned to Zhao Ziliang and said, "Your Majesty, Zhen Ji has sinister intentions and has committed a heinous crime.
Please kill Zhen Ji to set the record straight."
Zhen Ji immediately retorted: "Pei Ji, don't be alarmist, go on the line, or criticize people randomly.
Your Majesty is asking for our views and opinions.
I am not sure what is wrong with my own views and suggestions."
If you want to adopt my opinion, I think you are taking the opportunity to eliminate dissidents and don’t let anyone say anything, so what are your intentions?”
Zhao Ziliang knocked on the table: "That's enough.
Speak carefully and don't always make personal attacks.
In this court, everyone can tell whether the suggestions they give are good or bad.
You can speak freely, even if it is If it is adopted, it will not be promulgated and implemented immediately.
It must be investigated and tried out to see how the people react.
Do you have any other suggestions?"
Li Mi stood up and said: "Your Majesty, I think that since the prison is full, we can consider locking some serious prisoners near the local garrison barracks, and the garrison will send troops to guard them, so that these serious prisoners can work.
This can not only reduce expenses, but also It allows them to support themselves and even generate revenue for the army and increase military spending.”
The ministers discussed this suggestion and all agreed with it.
Zhao Ziliang nodded and said: "It is indeed a good idea and can be considered."
Zheng San stood up and said: "Your Majesty, Mr.
Li doesn't have many solutions, but after all, there are only a small number of serious criminals.
Even if they are all imprisoned and worked near the military camp, it will not solve the problem of overcrowded prison cells.
I think what Mr.
Zhen said just now You can redeem it with money Think about it, but not all crimes can be redeemed with money.
Only prisoners who violate public security and cannot meet the sentence can be redeemed with money.
These people are usually detained in prison for half a month or a month, and these people account for 10% of the prisoners. majority, if Allowing these people to use money to atone their crimes will not only alleviate the problem of overcrowded prisons, but also increase some financial revenue for the court.
Moreover, since these people have no serious problems, they will not cause much harm even if they go out.
Moreover, since the crimes are relatively minor, money for atonement You don’t need too much money.
Even a poor person can get it by borrowing or moving it from relatives and friends, let alone a rich person.
However, as long as the crime is punishable by imprisonment for more than three months, it cannot be redeemed with money.
This is also A limit established to maintain the majesty of the law.”
Zhao Ziliang said, isn’t this what you call bail?
The money you pay is the bail: