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Chapter 54 The punishment is light and heavy


When Zhu Youxiao arrived at the villa, Xu Guangqi, Ye Xianggao, and Sun Chuanting were all there.

Zhu Youxiao was surprised: "Sun Qing actually has time to come to the Capital University."

Sun Chuanting said with a smile: "It just so happens that I have almost finished my business today.

I heard that some of the classes at the institute are very interesting.

I would like to come and learn something."

Zhu Youxiao nodded and said: "Indeed, it is always good to learn more.

Today I thought of a question and I have a lot of confusion.

I want to ask Mr.

Ye for advice.

You can also listen and see if there is anything good. way."

Sun Chuanting said: "I can learn more by following Your Majesty."

Zhu Youxiao ignored this blunt flattery and said: "I feel that the structure of our court is a bit unreasonable.

I want to have a department be responsible for trying cases, but I can't find so many people who can try cases at the moment.

My lords, Can you teach me?"

Ye Xianggao asked: "Your Majesty, now there are three judicial divisions that can supervise each other.

Isn't this better than one department trying cases?"

Xu Guangqi and Sun Chuanting also thought so, and they didn't understand why the emperor wanted a specialized department to try cases. .

Zhu Youxiao said: "Three law divisions can only try cases in the capital.

The three courts can indeed supervise each other, but there will also be some situations, such as no one wants to take responsibility, or they have different opinions.

Often with official position It's not good if it's high or low.

It's even worse down there.

The only person who can handle cases is the general magistrate.

How can one be proficient in law if he only writes articles and poems?”

Ye Xianggao said: "There will also be patrol censors below, and they can also adjudicate cases.

But what your majesty said makes sense.

Some officials only know poetry and articles and know nothing about civil affairs, let alone adjudicating cases.

The common people have been wronged and have nowhere to redress.”

Xu Guangqi asked: "What your Majesty means is to have a department specifically manage the trial, and then this department will set up agencies in each prefecture and county to specifically manage the trial, so that officials such as county magistrates will no longer manage the trial."

Zhu Youxiao said: "That's what I mean.

I mean to let Dali Temple be responsible for trial cases, the Metropolitan Procuratorate to supervise, and the Ministry of Punishment to handle cases.

Each of the three should be responsible for their own responsibilities.

Dali Temple has branches in various provinces, prefectures, prefectures and counties.

This is called vertical management.”

Several people quickly understood the meaning of vertical management and thought this method was good.

Ye Xianggao asked: "Since His Majesty has this idea, wouldn't it be enough to issue an imperial edict?"

Zhu Youxiao said: "What's the use of just issuing an imperial edict?

Where do the people who try the cases come from?"

Ye Xianggaoqi said: "It turns out that there are county magistrates, general judges, and patrol censors who hear cases?

Wouldn't it be enough to put them all under Dali Temple and then send them down below?"

Zhu Youxiao said: "These people are not professional.

I want to train a group of students who specialize in law in the official school first, and then set up such an institution.

However, I feel that some of our laws should be revised.

In this way First, it takes a lot of time I made a rough calculation.

Even if it takes one year to amend the law, it will take at least four years for law students.

And I want to implement this system as soon as possible, so I don’t know how to deal with this contradiction.

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I just came to ask the ministers to solve it."

Ye Xianggao said: "Your Majesty, I know that your Majesty seeks perfection and good.

But I think we can reorganize the institution first, amend the law, and recruit students.

In the past, everyone used county magistrates to try cases, and there were no big mistakes. , won’t it be enough in these four years?”

Xu Guangqi also said: "Your Majesty, don't be too anxious.

Although the Ming Dynasty has some problems, it is generally good.

Especially now that we have completely controlled the situation in Liaodong, our Guards are also growing continuously, which guarantees The security of the entire country. , Managing a big country is like cooking a small dish, but the effect may not be good if you are too hasty.

I will grow old, but I am very happy to see my Ming Dynasty getting better day by day.

Your Majesty will surely make Ming Dynasty a prosperous one.

A great empire that is better than the Han and Tang dynasties, why be in a hurry?"

Zhu Youxiao smiled sheepishly: "Yes, I am very anxious.

I always think that when I wake up, Ming Dynasty will become what I hope it will be.

Young people still can't calm down."

Ye Xianggao smiled and said: "This is what makes young people better than old people.

They are motivated and have ideas.

The old ministers and others were also young when they were young.

At that time, they also thought of assisting the late emperor to build Ming Dynasty into an empire of peace and prosperity.

As a result, But I encountered obstacles at every turn.

Gradually my heart became lighter.

I am so lucky to meet such a wise master like you when I am still in my 60s.

It is really a blessing from the Ming Dynasty. " Sun Chuanting said with deep emotion: "Your Majesty has only been on the throne for more than four years, but our Ming Dynasty has made progress in all aspects that we could not even imagine before.

It is really God who blessed the Ming Dynasty and sent this Holy Lord."

Zhu Youxiao smiled and said: "Here we go again.

Then as Master Ye said, we will listen to the opinions of the ministers at the next court meeting and then carry out restructuring.

The branches of Dali Temple in various places are called certain prefectures and counties.

Court, such a name should allow the public to clearly understand its functions, and the officials inside should be called judges."

At the next court meeting, after each department reported on the basic situation during the week, Zhu Youxiao said: "I am going to adjust the scope of responsibilities of some departments and would like to hear the opinions of the Qing family."

Sun Chuanting said: "Dali Temple is responsible for hearing cases and has set up branches in various provinces, prefectures and counties.

The Criminal Department is responsible for arresting criminals and providing evidence of their crimes.

The Metropolitan Procuratorate is responsible for supervising Dali Temple and the Criminal Department to prevent violations of the law."

When the ministers heard this, they found that this obviously weakened the authority of the Ministry of Punishment and increased the importance of Dali Temple.

In the past, although the ministers of Dali Temple, the censor of the capital, the minister of general affairs, and the ministers of the six departments were all called Jiuqing, they were always weaker than the six ministers.

After this change, they became more important than the Ministry of punishment. .

Zhu Youxiao said: "The so-called trial case refers to the fact that Dali Temple convicts people based on the evidence provided by the Ministry of Punishment and the laws of the Ming Dynasty.

They only judge whether the person has committed a crime and what kind of punishment should be given based on his crime.

This requires They are very familiar with the laws of the Ming Dynasty.

They must be familiar with the laws of the Ming Dynasty, the laws of the Ming Dynasty, the regulations of the Ming Dynasty, the regulations of the Ming Dynasty, etc., and they must insist on judging according to the laws."

"And I think that all the laws can be re-edited and a new Ming law can be formulated.

This matter will be handed over to the Hanlin Academy.

However, there is a principle in our laws.

I think it can be modified, that is, the punishment will be light in the world.

The principle of Shi Zhong”: