The Congress and the Cabinet were both successfully established, so next is the last judicial department that separates powers.
In fact, in the past, Shang Yi had already independent of the Ministry of Justice from the six ministries and was not managed by the cabinet, but directly blamed the emperor. However, the emperor has now made it clear that the government will no longer be directly managed, and the Ministry of Justice has sufficient facilities. , and it also needs to be re-formulated.
First, the Ministry of Justice was officially renamed the Ministry of Justice, and the Minister of Justice was established below the Ministry of Justice, the Supreme Court, the Procuratorate, the Ministry of Public Security and other institutions were established. The power of the judicial department was completely independent and could be completely independent in accordance with normal legal procedures for anyone. File a public prosecution.
The candidate for the Justice Minister is similar to the cabinet. It is also nominated by the Emperor and submitted to the Congress for voting. The elected Justice Minister will then be responsible for the Justice Department officials. The annual report must be submitted to the Congress at the end of each year for consideration, but the Congress will The Ministry of Justice does not have the right to improvise Hai, but the emperor and the cabinet can launch a vote of distrust to the Ministry of Justice.
The Ministry of Justice's organization is not complicated, and its core is based on the law, but the current basis for law enforcement is still implemented according to the [Ming Dynasty Law]. Although Shang Yi is very dissatisfied with the [Ming Dynasty Law], for now, This is the only relatively complete law in China, and it can only be temporarily used as the basis for law enforcement.
In fact, China's law has a long history. Since the Warring States Period, the Legalists have always been an important force among the various schools of thought. Although since the Qin and Han Dynasties, the Legalists in the simple sense have no longer existed, and the courts of all dynasties have claimed. I govern the country with benevolence and advocate Confucianism. No one would claim to be a Legalist, but in fact, in secret, that dynasty implemented the legal system, which is the so-called open Confucianism and secret law. Legalist and Confucianism have actually merged into one. Because everyone understands that it is impossible to manage a country well with Confucian preaching and morality alone.
Li Ku, an important legal scholar in the early Warring States Period, wrote the "Fa Jing", which was the earliest special legal work in China. Subsequent dynasties would formulate the laws of this dynasty and establish special legal departments and certain legal procedures. This point, including all Confucian scholars after the Qin and Han Dynasties, has no meaning, so it is in line with other ancient civilizations in the world. The ancient Chinese laws were actually quite advanced and perfect. Other ancient civilization countries, including ancient India and ancient Europe. For a long time, laws were formulated based on religious classics, and institutions such as religious trials were once used as law enforcement agencies.
However, ancient Chinese laws also had considerable flaws. Excluding historical limitations, the biggest flaw of ancient Chinese laws is that they are legally centered on criminal law, with both civil, administrative and litigation content, and actually It is a mixture of legal forms to compile into one. In terms of implementation, although there are special law enforcement agencies in the central government, in the local area, administrative agencies are responsible for both judicial affairs, that is, local prefectures, prefectures, and county magistrates are actually the highest The judge also tried and sentenced him to the same.
The most typical example in this regard is the folk legend Bao Gong. Comrade Lao Bao's actual official position is Kaifeng Prefecture Yi, who is actually a mayor. He also serves as the director of Kaifeng Public Security Bureau and the president of Kaifeng Court, that is, in charge of civil affairs. It also manages criminal matters and prosecution. It can not only investigate and investigate cases, but also has the power to trial and sentence cases.
Although the dynasties later realized this and strengthened the local judicial institutions. The Song Dynasty established a local prison envoy, and the Ming Dynasty also established a censor at provincial-level institutions, in prefectures, prefectures, and counties. Officials in charge of criminal law were also established, but the administrative organs and judicial authorities have never been clearly separated. Even at the provincial level, the censors must be subject to the control of the patrol. This system has always been accustomed to wearing the entire feudal era of China. , only changes will occur.
In this regard, ancient Chinese laws are much inferior to the ancient Roman laws in Europe. Although the Roman system was greatly influenced by religion after the ancient Roman Empire, the Roman laws were also greatly influenced by religion, but in the Roman laws: The principle of equal rights of citizens within the scope of private law, the principle of freedom of contract, the principle of freedom of will, "not complaining", the principle of final trial in the first instance, etc., the legal person system, property rights system, contract system, jury system, lawyer system, etc. among the rights subjects It has been deeply rooted in the hearts of the people. There are many principles and systems in the legal system established by European and American countries in modern times, all of which are adopted from Roman law.
In addition, in the process of judging the sentence, Chinese law enforcement agencies put the confession of the suspect first, while the Roman legal system focuses on the principle of equal importance to confession, witness, evidence, facts, etc.
Moreover, in this era, the laws of European countries are gradually deviating from the influence of religion, absorbing the advantages of the Roman legal system, re-establishing their own new legal system, and according to the process of another time and space, the UK will release [ The Bill of Rights, more than a hundred years later, the [Napoleon Code] issued by France will greatly improve their respective legal systems.
Therefore, after the establishment of the Ministry of Justice of the Chinese Empire, Shang Yi also decided to establish judicial departments at all levels in all provinces, prefectures, prefectures, counties, and other law enforcement and trial institutions at all levels. Moreover, they are all independent of power and directly pay responsibilities to the superior judicial departments and are not controlled by local administrative agencies.
Although the judicial system formulated by Shang Yi was very different from the judicial system of ancient Chinese dynasties, it also triggered a very fierce debate after it was submitted to the parliament, but at this time, Shang Yi had established a huge number of years. The prestige of the power plays the most important role. Of course, on the other hand, the separation of powers is a major principle that has been determined when establishing a parliament, and it completely separates the judiciary from the administrative body, further weakens the cabinet's Power, for Congress, is not lost, but can consolidate its status.
In addition, many smart MPs can settle the accounts in their hearts. The system of Congress has been decided. Congress itself can only have legislative power, not law enforcement power. Once the law enforcement power is controlled by the cabinet, the Congress will It will be difficult to compete with the cabinet, because in theory, the cabinet can easily use the judiciary to eliminate disobedient members one by one, so it only truly establishes the separation of powers, separates the law enforcement power from the cabinet, and forms The mutual power constraints of the three parties are the most beneficial to Congress.
Therefore, although the final vote was less than 60% of the votes in favor, the new judicial system was still in the meeting. Both houses passed, and Shang Yi nominated the former Minister of Justice Wang Zhongping as the first Attorney General, which also received the parliament's title. pass.
Shang Yi finally breathed a sigh of relief. The judicial system was approved. This was not only the first time in Chinese history that the judicial system was separated from the administrative agencies more thoroughly, but also a great progress in legal system construction, but also marked the three powers. The separate state structure has finally been fully established. It can be said that the modern state system has been initially established in China, and China has finally crossed this historical crossroads and completely embarked on the right track.
Of course, the development of history is not a straight forward. Perhaps after itself, China will continue to recur, and it will be regressed to the era of feudal autocracy. However, no one can stop the development of history. This door has been commercialized. Yi pushed it away, and this road was discovered by more and more Chinese people. I believe that even if someone wants to bring China back to the previous road, it will only take a momentary view at most, and it will not be able to stop the general trend of history.
However, this does not mean that Shang Yi can rest assured and be his own Emperor Taiping from now on. The next thing is to use the existing power and influence in his hands, try his best to consolidate and improve the existing system, and as much as possible Avoid going back, so the most important thing to do next is to formulate legal standards for the Chinese Empire, both [the Chinese Constitution] and determine the existing national system in the form of laws to ensure that China is in Keep moving on the right path.
[Constitution] is not just a collection of laws and regulations, but a general rule that determines the state system, the organization and activity of state organs, and the basic rights and obligations of the people. It is the highest program of the country. Therefore, only after the [Constitution] is confirmed, the [Constitution] is the highest principle. Only by fully realizing China's modernization process.
Of course, not everyone understands the meaning of the [Constitution] now, but generally after the establishment of the New Dynasties, the revision of the laws of the New Dynasties to replace the old laws was a customary convention of all dynasties, but before they were called "law" or "example". ", but everyone was used to Shang Yi inventing some new terms, now called "Constitution". Anyway, it was just a different name. Therefore, Shang Yi proposed the proposal to formulate the "Constitution", and it was immediately approved by Congress.
So Shang Yi immediately issued an order to establish the [Constitution] formulation work committee, which was directly led by Shang Yi, and the highest officials from the three aspects of Congress, the cabinet and the judicial department served as the committee association, and the responsible leaders led the [Constitution] formulation work, and recruited at the same time. Scholars from all walks of life and elites from all walks of life participated in the formulation of the Constitution, including full-time, part-time, officials, civilians, and businessmen. So, several foreigners were invited to preach in Europe. Scholars and merchants, because the [Constitution] has foreign and religious content.
Of course, Shang Yi also knew that after formulating the [Constitution], there were specific laws including [criminal law], [civil law], etc., so it may not take too long to formulate the [Constitution], but other laws need to be put into place. All basic laws were formulated, and it was impossible to complete without more than 20 or 30 years. In another time and space, the Qing court's [Great Qing Laws] began in the Shunzhi period and was not formulated until the middle of Qianlong. It took more than a hundred years, and with the development of the times and the country, new laws continue to emerge, which will almost never be completed.
Therefore, now we can only formulate one by one. First, we formulate the [Constitution], determine the basis for determining the state system, state organs, and other laws, and then formulate other professional laws such as [Criminal Law] and [Civil Law] to formulate If you don’t have one, you will still be based on the [Ming Dynasty Law].
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