ps: Thanks to Eagle Zhou, Qianyuan Henry Zhen, and Sunnyson for their rewards.
On September 10th, King Qi Li Maozhen, accompanied by his servant Han Wo, came to Luoyang, the eastern capital. Li Chengzhong led hundreds of civil and military officials to welcome him ten miles out of the suburbs, and brought this famous vassal town in the past twenty years into Luoyang City.
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 the Tiance Mansion, Shi Han Yanhui, and the Sima Li Zhen.
After tea and soup were served, and after a few chats, Li Maozhen turned the topic to what he was most concerned about: "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?"
Regarding the restructuring of Yushitai, Han Wo also introduced it 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 yet, so during the period
It's unclear. Compared to staying in the pass to serve as the head of the Academy of Honors, 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
I don’t want to elaborate, but it is always 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 that of Zhongshu and the deputies, or the same rank as the 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 affairs 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, Dianzhong Yushi and Supervisory Yushi respectively. It should be noted that the censors of the three courtyards are not hierarchical.
It is an office organization, 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 independently carry out the work of rectification and impeachment. You can't control me, and I can't control you. Likewise.
If Zhang Yushi doesn't want to take care of the case, then there is Wang Yushi. When Wang Yushi is in charge, he feels that it is difficult to handle, and Li Yushi continues to work hard. Even for many major cases, there will be multiple censors taking over at the same time, or
Is it a joint investigation or an independent impeachment?
As the Chief of the Taiwan Constitution, the Yushi Dafu and the Yushi Zhongcheng can jointly organize large-scale investigations, and they can also influence each censor during the investigation, but they do not have the power to order a certain censor what he should do or what he should not do.
, when a case is taken over, even a small patrol censor from the eighth rank has the same power and responsibilities as the superior censor. Of course, the Taiwanese chiefs can use other means to interfere with the investigation progress of the case.
For example, fines, participation in impeachment, transfers, etc., but if you encounter a small censor with strong strengths, Taiwanese magistrates must also be prepared for the risk of backlash while interfering with the case, 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. It has become an important symbol of judicial independence. It is not unreasonable for later generations to say that the bureaucratic system was almost perfect by the Tang Dynasty.
Even in later generations, very few countries can achieve this system.
It is a pity that after Tianbao, due to well-known reasons, the imperial censorship was almost abolished. The official title of censor can often only be used as an additional title for officials, and is no different from the casual honorary title.
Therefore, after Li Chengzhong learned about the Yushitai system of the Tang Dynasty in detail, he immediately felt very good about it and was ready to follow this system, which is what Li Chengzhong proposed to reshape the Yushitai.
The official position that Li Chengzhong planned to leave to Li Maozhen was that of Yushi Dafu, who was in charge of supervision 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.
He assisted him and served 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 is no principle.
Standards have basis but no measures. 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 cases.
In response to this situation, as early as the Yingzhou period, Li Chengzhong organized people to split the Yonghui Law, draft special laws in various aspects, enrich and expand the content of the law, and try to narrow the space for judging cases based on factors. Today's
In Youzhou, there are already 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.
Framework - 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 lot of burdens on Li Maozhen's shoulders. Another important task was to restructure the Yushitai. The Yushitai was divided into the Taiyuan, the Imperial Court and the Chaoyuan. The Taiyuan was in charge of inspecting all the central officials.
The imperial court is responsible for inspecting official etiquette, while the procuratorate is responsible for inspecting local officials. This division of agencies is actually to decentralize power to prevent the censors from forming a single-minded court. However, Li Chengzhong feels that with each censor investigating the case simultaneously, "
"Committee" system, such a division of power is unnecessary. Therefore, he plans to unify the three houses into one, so that the Yushitai will appear with a complete and unified appearance.
Under the censor's platform, there are divisions divided according to each department, and a central department is set up to supervise the tasks of central officials. Each department dispatches censors to the areas they are responsible for, making their powers and scope relatively clear.
In the past, censors were stationed in local censors, with one observer stationed together and one patrol in each state. However, this method was somewhat aloof and not very down-to-earth. The patrol censor stayed in a certain state or county.
Half a year, and then immediately change places, and stay in the next state or county for another half year. It does have a deterrent effect on local officials, but the actual intensity of picketing is not great. On the other hand, the observation officer from a high position has too much power, which can easily cause
The phenomenon of interfering with local government affairs. After Tianbao, many observation envoys actually became the highest administrative chiefs of a province, and even evolved into Jiedu envoys, but instead lost their own duties.
Li Chengzhong's restructuring was mainly aimed at this point. Generally speaking, it can be divided into six words: permanent, rotation, and dedicated. For example, in Hebei Province, there is a special Hebei Observation Envoy Yamen. Below the Dao, each state has another Supervision Envoy Yamen.
Even each county has an inspection envoy's office. This is the meaning of permanent residence, which means that the censor's office can 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
That is, the power of disposal is shifted 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, no matter the 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 censor's work 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 handling of cases is also implemented. For example, the Hebei Province Observation Envoy has multiple "co-observers", ranging from three to as many as five, who can take over cases independently without being coerced by the Yamen chief.
, ensuring that the supervisory agency will not become a one-word shop.
Li Maozhen finally asked a question, why would such an important department be trusted to be entrusted to such a big boss from the army? To this, Li Chengzhong smiled and gave an explanation, which was nothing more than three: First, Li Maozhen had been King Qi for a long time and had a huge family fortune.
Rich people are less likely to delay their duties for the sake of money; secondly, Li Maozhen is a rough man, but he is not easily eroded by the big dye vat of the civil service system; finally, as long as the national system is perfected, in fact, no matter who becomes the imperial censor,
Same.
This answer was very straightforward, which made Li Maozhen blush slightly, but she felt relieved. Li Chengzhong also told Li Maozhen two principles: Do not use public tools for personal gain - this is the most important criterion for the investigation of the Yushitai.
It can be investigated but not judged - 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 agency in the Northern Qi Dynasty. During this dynasty, Dali Temple was specialized in the sentencing of major cases. Officials were involved in all so-called major cases. Therefore, Dali Temple became a special agency again.
It is the body that judges cases involving officials. However, the power of Dali Temple is not high, and the judgment of the case requires review by 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 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 wants to reform is to expand the powers 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, he ordered Wu Zhongzuo to be the official of Dali Temple.
Zhengqing, reorganized Dali Temple.
The new Dali Temple has expanded into a systematic yamen from the central government to local prefectures and counties, with various functional departments and circuit departments. At the local level, there is a three-level court system of capital court, main court, and branch court, which hears cases separately.
Cases are adjudicated at the state and county levels. The circuit division within Dali Temple is responsible for sending circuit courts to travel among counties to wait for appeals against the judgment.
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 judgment organization to achieve the same judgment standards. (To be continued, please search Piaotian Literature, the novel will be better and updated faster!