Judge of the Song Dynasty

It was 1068, Year 1 of the Xining era. Emperor Zhao Xu had recently ascended the throne of the Song dynasty. The widely respected old-guard of civil officials, Ouyang Xiu, Han Qi, and Fu Bi, were i...

Chapter 711: All of them are talented actors

Chapter 711 of the main text of the Northern Song Dynasty Chief Justice: They are all talented in acting. This trial was the first time that the public security, procuratorial and judicial organs had a direct contact with the imperial power.

Many powerful people in the court were ecstatic about this. They believed that as long as the procuratorate opened a trial on the case, it would be an unsolvable situation. A fair trial would inevitably offend the emperor. Everyone knew the working style of the Imperial City Bureau.

If they shield the Imperial City Administration, they will destroy the authority they have established.

They even thought that there was no need to add fuel to the fire.

But they never expected that at this last step, the imperial court actually put down its butcher knife. Although it was determined that the Imperial City Bureau had tortured the prisoners into confessing and abused the punishment, it still handed the prisoners over to the Imperial City Bureau for disposal according to the rules.

The royal court didn't even arrest Liu Renzan and other related persons on the spot, but just gave a statement, telling you that it's up to you, the Imperial City Bureau, to handle what happens next.

It seems so pale and powerless.

This immediately caused dissatisfaction among the young scholar. Since it has been determined that the other party has violated the law, why not order his arrest?

Could it be that the Imperial City Bureau is above the law?

The people also hope to promote good and punish evil.

...

...

The Imperial Court ignored it, because it was clearly written in the judgment that the Imperial Court must judge and act in accordance with the law. According to the regulations, the Imperial Court only has the right to determine that the Imperial City has violated the law, but has no right to deal with the Imperial City Bureau.

Just as Zhang Fei said, according to the emperor's edict, if it has been determined that the Imperial City Bureau has violated the law, the public security, procuratorate and courts have no right to intervene.

But before it is confirmed that the violation is illegal, it does not say that the public security, procuratorial and judicial organs cannot intervene.

The Imperial City Administration dealt with this matter in a simple and rough manner, simply closing the gate so that not even a fly could get in.

This is also telling everyone that how to deal with the people involved in the case is purely an internal matter of the Imperial City Bureau.

Of course, this must be the emperor's order.

For Zhao Xu, the matter was actually very simple. He was not unaware of the tricks involved, but what he cared about was that no one could override the supremacy of the imperial power. If you can punish Liu Renzan today, you can punish me tomorrow.

However, the court officials and dignitaries did not want to give up.

The powerful people intervened in this matter in the hope of exacerbating the conflict between the emperor and the public security, procuratorial and judicial organs.

The prime minister hoped to use this to limit the power of the Imperial City Administration, which in fact indirectly limited the power of the emperor.

No ministers in any dynasty have ever tried their best to restrict the emperor's power like those ministers in the Northern Song Dynasty. They did not even hide their intentions and did it openly.

Because everyone's consensus is that the emperor and the literati should rule the world together, and there must be a balance point for power.

However, judging from the historical results, the emperor was still more skilled and won the final victory, and the turning point was Wang Anshi's reform.

The biggest difference between Wang Anshi's reform and Fan Zhongyan's reform was that Fan Zhongyan's reform was still based on Confucianism, while Wang Anshi believed in Legalism. Legalism emphasized centralization. Although it was not as terrible as Shang Yang's reform, through his series of operations, he still broke many shackles on the emperor, which led to Song Huizong having such great power later.

From this we can see that the lawsuit only forced the emperor to take action personally.

Sima Mansion.

"Your humble servant greets Scholar Sima."

Zhang Fei bowed.

"Sit down!"

Sima Guang pointed to the chair next to him.

"Thank you very much."

Zhang Fei sat upright.

Sima Guang glanced at Zhang Fei and suddenly asked, "Why did you suddenly ask me to testify during the trial that day?"

Wow. It's been seven days and you're just getting mad. Are your reflexes slow? I'm really drunk. Zhang Fei muttered to himself, but smiled and said nothing.

Sima Guang frowned and asked, "Why? You dare to do this but you don't dare to admit it?"

Zhang Fei said with guilt: "Please don't blame me, Mr. Sima. The reason why I asked Mr. Sima to testify in court is just to tell everyone that the procuratorate is not targeting the Imperial City Bureau, nor is it saying that the Imperial City Bureau has done anything wrong. It is just targeting torture and abuse of punishment."

Sima Guang said: "Even if that's the case, there are so many ministers sitting next to you, why did you choose me? You can ask Wang Jiefu to go up, he will definitely be very willing to say that. Don't you think that I, Sima Guang, am easy to bully?"

"Of course not."

Zhang Fei said: "Who dares to think so? It's just... cough cough, it's just that I know that Sima Xueshi has always had complaints about the Imperial City Department, so those words coming from Sima Xueshi's mouth are more convincing."

"I knew you were planning this."

Sima Guang snorted. Actually, he had figured it out at that time. He added, "But this is pure fantasy. You want to tell everyone that you are not targeting the Imperial City Department, but the problem is that the Imperial City Department will definitely not think so.

You did not act smartly in this matter. If Liu Renzan cannot be punished by the public security, procuratorate and courts, they will certainly become emboldened and become more aggressive, and will definitely retaliate against the public security, procuratorate and courts.

Especially you, kid, you often speak without restraint, it is very easy for them to catch you, even if they are interrogated 10,000 times, it will not matter, but if you are caught once, hmph, you will be 10,000 times more painful than Hu Changbai and Qiu He. "

Zhang Fei frowned and said with embarrassment: "Of course I know this, so I didn't want to get involved in the investigation at first. It was the order from the royal court, and I can only do this. If I go one step further, it may exceed the authority of the procuratorate.

In fact, I won this lawsuit with great difficulty. If the other party had not made mistakes, we would have had almost no chance of winning. "

Sima Guang said: "They will never make this mistake again next time, and they will definitely make you pay the price. If you fall into their hands, you will definitely die."

Zhang Fei bowed and said, "I wonder if Scholar Sima has any advice for me?"

Sima Guang said: "This does not require any advice, because we have no way out. The Imperial City Bureau must be checked and balanced by the public security, procuratorial and judicial organs. Otherwise, there will be endless troubles."

Zhang Fei said: "But this requires the consent of the government."

Sima Guang said: "It's none of your business. I will tell the emperor myself, but I need to think of a way to link the Imperial City Bureau with the public security, procuratorate and courts. There is no clear stipulation as to whether the Imperial City Bureau should be controlled by the public security, procuratorate and courts."

Zhang Fei was silent for a while. "Actually, I also thought about this question when I was dealing with this case."

Sima Guang's face lit up and he asked, "Do you have a solution?"

Zhang Fei suddenly asked: "Does Scholar Sima agree with the Military Imperial Court?"

"Military Imperial Court?"

Sima Guang was stunned for a moment, "Of course I agree with this."

Zhang Fei asked again: "Why?"

Sima Guang was a little confused, "Why?"

Zhang Fei said: "There are many differences between a military court and an ordinary court trial. For example, the trial is not open to the public, and it is based entirely on national interests rather than morality and justice."

"That's different. How can war be compared to..."

As soon as the words came out, Sima Guang suddenly reacted and said, "Are you saying that we should follow the example of the Military Imperial Court to restrict the Imperial City Department?"

Zhang Fei nodded and said, "The Military Imperial Court has also weakened the power of the eunuchs who supervise the army to a certain extent."

“But this is different.”

Sima Guang said: "The military imperial court is mainly aimed at war, which is very different from criminal and civil affairs. However, the actions of the Imperial City Department involve many criminal and civil regulations. There is a contradiction between the two."

Zhang Fei said: "So we have to find a way to distinguish the two."

Sima Guang immediately asked: "What method?"

Zhang Fei said: "Create a law specifically for the Imperial City Bureau."

"What?"

Sima Guang was shocked.

Zhang Fei said: "Just now I asked Sima Xueshi why the military imperial court is unique? In fact, it is also based on the concept of the rule of law, because according to the concept of the rule of law, the interests of the monarch and the state are the highest priority.

War directly represents the interests of the country and the monarch, so a military court is set up specifically for this purpose to make it particularly special.

Similarly, the powers of the Imperial City Administration are also directly related to the interests of the country and the monarch, but one is external and the other is internal.

Of course, there should be a special law that is given the highest priority. It should fully meet the needs of the government, and then connect with the public security, procuratorate and courts. In this way, it should be possible to obtain the consent of the government. "

Sima Guang thought for a while and said, "You are only treating the symptoms but not the root cause."

He wants to limit the imperial power, but you give it such a high priority, isn't it like taking off your pants to fart?

"Not at all."

Zhang Fei said: "Take this case for example, does Sima Xueshi think that Hu Changbai and Qiu He should be investigated by the Imperial City Department?"

Sima Guang thought for a while and nodded.

Zhang Fei said: "The reason why Sima Xueshi agreed that they should be investigated is because the conversation between Hu and Qiu could indeed cause chaos and they could indeed have ulterior motives. The reason why Sima Xueshi opposed it is because the Imperial City Bureau abused punishment and tortured them into confessing in order to gain merit."

Sima Guang nodded again.

Zhang Fei said: "So, no matter how the law is written, only Hu Changbai and Qiu He will be investigated, but there will be no abuse of punishment or torture to get confessions. Because according to the system of public security, procuratorial and judicial organs, it is impossible to allow such behavior."

Sima Guang pondered over it himself. Since the establishment of the public security, procuratorial and judicial organs, the number of unjust cases has indeed been greatly reduced, but in fact the law has not changed much. The real power of the public security, procuratorial and judicial organs lies in their trial system.

Even if priorities are set, the power of the Imperial City Bureau can be further restricted as long as the trial system of the public security, procuratorial and judicial organs is followed.

After a while, Sima Guang asked again: "Then how should the law be established?"

Zhang Fei said: "For the time being, we can classify all crimes involving the monarch and national interests into one category and give it a new name, such as the "National Security Law", which is specifically aimed at those who attempt to subvert the country. However, how to establish specific regulations may require trials by the public security, procuratorial and judicial organs, and then be improved based on case by case.

Because I have looked up some relevant regulations, they are very general, and the previous results are also varied and contradictory. It is impossible to come up with an accurate answer based on imagination alone. If they are not rigorous, they will backfire or create wrongful convictions. "

Sima Guang nodded slightly and said, "I need to think about this carefully."

Zhang Fei nodded and said, "Actually, I don't know whether this is right or wrong. After all, I don't have much experience in politics, but this is all I can do."

Sima Guang nodded.

Why was Sima Guang eager to call Zhang Fei to discuss countermeasures? It was because public opinion was already fermenting, and they had to rely on public opinion to quickly put extreme pressure on the emperor and demand that Liu Renzan and other persons involved in the case be handed over to judicial authorities.

Zhao Xu was finally forced into a corner, so he summoned the vice-chancellors to discuss how to quell the turmoil.

"In my opinion, the key to this case lies not in the Imperial City Department, but in the Xiangbing."

Wang Anshi was the first to step forward.

When Zhao Xu heard this, he hurriedly asked, "What do you mean by that?"

That look seemed to say, if you can speak, speak more and don't stop.

Sima Guang looked at Wang Anshi with disdain. As soon as Wang Anshi stuck out his butt, Sima Guang knew what he was going to say.

Wang Anshi immediately said, "Your Majesty, I think this case is mainly caused by the soldiers being subjected to too much labor and not receiving enough salary. Without all this, this case would not have happened at all."

Zhao Xu nodded and said, "You are right."

Sima Guang retorted: "Isn't this because of your large-scale construction?"

Wang Anshi asked, "Did the soldiers live happily before me?"

"Please stop arguing, both of you."

Zhao Xu hurriedly stopped him and said, "Let's first listen to what Master Wang thinks."

Wen Yanbo glanced at Zhao Xu and thought, you are still acting as a peacemaker. Isn't this meeting aimed at you?

Wang Anshi said: "I think that everything stems from the chaotic management system of the garrison troops. There is no regulation on how many soldiers to recruit, and there is no regulation on how many soldiers to lay off.

It was called the Bridge Battalion, but they were doing the work of boatmen. At the first order of the imperial court, the soldiers would rush forward. Those who were building roads would go to build bridges, and those who were building bridges would go to build roads. Unless all the soldiers were all-rounders, otherwise, they would get half the result with twice the effort.

It seemed that the soldiers were working hard every day, but no results could be seen. Moreover, both the Council of State and the Privy Council had only a vague understanding of the soldiers' camp. They all thought that it was a mixed bag.

It would be strange if there were no problems with such a management system. "

After hearing these words, Sima Guang could not help but stroke his beard and ponder.

He has always agreed with Wang Anshi's views, but he scoffed at Wang Anshi's solutions.

Zhao Xu secretly glanced at them and asked Wang Anshi, "Then according to your opinion, how should the court manage those garrison troops?"

Wang Anshi said: "Although the garrison troops are under the management of the three yamen, everyone knows their combat effectiveness. To really fight the enemy, we still have to rely on the imperial guards.

However, when they are not working, they still have to practice. Only by practicing hard can they get more salary. In this way, when they really need to work, they will naturally become exhausted.

In addition, the hearing was enough to prove that there were many talented people in the Xiangbing army who were familiar with engineering and water conservancy, but their talents were wasted due to the Xiangbing system.

Based on all this, I think that some of the wing barracks should be separated from the three yamen, and then assigned to different departments according to their abilities. For example, bridge construction and road construction should be assigned to the Ministry of Works, while water and land transportation should be assigned to the Ministry of Transport, and so on. With such a plan, the imperial court's orders will be clearer.

If they wanted to build a bridge, they would directly order the Ministry of Works without having to first order the Privy Council, which would then order the Three Yamen, which would then call up the garrison troops based on the order. Such complicated rules made it impossible for the court to make overall plans, let alone coordinate well with the previously improved budget system.

In the past, when there was a major project, the soldiers of the canal transport had to go to the river to serve. Since they had this power, the executors would naturally use the human wave tactic. If they were separated, if they were to build a river, the River Defense and Water Conservancy Bureau would have to plan the construction period based on the specific manpower, and would not return the wrong information to the court, and the court would be able to make a more accurate plan. "

After hearing these words, Fu Bi, Wen Yanbo and others were all surprised.

This is a very bold idea.

There is no problem with such a plan. The key is to separate the garrison troops from the three yamen and turn them from military departments into administrative departments.

this..

Wen Yanbo said with a hint of worry: "Although the fighting power of the Xiang soldiers is weak, they still have to perform their duties as soldiers at critical moments. If they are allowed to leave the Three Yamen, will this affect our border defense?"

In the past, Zhao Xu would certainly have had such concerns, but now he is more and more convinced that his initial layout of the police station was very correct.

Wang Anshi said: "Warfare relies on elite troops. A mob of people will only hinder us if they go to the battlefield. It is better to let them build strong fortresses.

Besides, I am not asking all the soldiers to leave the Three Yamen. I am only asking some of them to leave the Three Yamen. As for the border defense, I will not make any changes for the time being.

But the border defense can also follow suit and form a logistics corps. This will definitely be more effective with less effort, and the generals will be able to command them with ease."

"What you said makes a lot of sense."

Zhao Xu nodded and immediately made the decision: "This matter will be handed over to the Regulations Office of the Two Prefectures and the Privy Council."

Sima Guang could see at a glance that the emperor and his minister were working together again. Wang Anshi attributed the case to the system of wing soldiers in an attempt to get the wing soldiers out of the three yamen, which was undoubtedly to absorb manpower for his own water conservancy project.

Zhao Xu took advantage of this system loophole to divert everyone's complaints from the Imperial City Administration.

It is not an exaggeration to say that they are in cahoots with each other.

"Your Majesty, although what Wang Xueshi said is favorable, such a major matter should be considered carefully and not be made rashly. Moreover, the key to this case is not due to the Xiangbing system, but because the Imperial City Bureau is not subject to judicial constraints and can act arbitrarily. It is difficult to quell the public grievances by simply changing the Xiangbing system!"

Zhao Xu's face darkened, and he glanced at Sima Guang unhappily, "The Imperial City Department has problems, but are those two soldiers really innocent? They said the court employed eunuchs, which is clearly a veiled attack. Do you think I don't know? I just don't want to say it."

His tone was full of anger, as if hinting to the ministers not to push their luck further.

Sima Guang was not afraid at all and argued with reason: "Even if it is true as Your Majesty said, they are making indirect accusations, shouldn't Your Majesty first check whether their criticism is right? As the saying goes, those who listen to both sides are enlightened, while those who listen to only one side are ignorant. If there is something wrong, correct it; if there is nothing wrong, try to improve it. This is the model of a wise ruler."

After all, this was an important meeting and only the prime minister was attending, so Sima Guang didn't need to worry about so many things.

You still have to spray when you need to!

"you!"

Zhao Xu suppressed his anger and asked, "Do you think they are right to scold me?"

Sima Guang immediately replied: "If it is not right, why did Your Majesty support Wang Xueshi and reform the Xiangbing system?"

".!"

Zhao Xu almost vomited blood, and immediately broke down, saying aggrievedly: "But I have changed it too!"

Sima Guang said: "But your majesty is only willing to change the Xiangbing system, but not to reform the Imperial City Bureau. Can the reform of the Xiangbing guarantee that no one in the world will complain? Such cases will still occur frequently, and if the people involved are not severely punished, the Imperial City Bureau will be even more fearless and make things worse."

Zhao Xu was no match for Sima Guang and angrily snorted, "Who said I was lenient? This is an internal matter of the Imperial City Department. I will send someone to investigate and then punish them. Sima Guang is not allowed to worry about the affairs of the Imperial City Department."

Sima Guang said: "What I am worried about is the innocent people and the country, not the Imperial City."

What?

If you don't care about the Imperial City Bureau, does that mean you don't care about me?

This is outrageous!

Bang!

Zhao Xu could no longer bear it and slammed the table. Just as he was about to lose his temper, Fu Bi suddenly stood up and said, "Your Majesty, calm down."

Zhao Xu glanced at Fu Bi, his expression softened a little, and asked, "What do you think of this, Mr. Fu?"

Fu Bi said: "I think what Prosecutor Zhang said in his closing statement is reasonable. The incompetence of the Imperial City Bureau in this case has been fully exposed. They are unable to protect Your Majesty, the Imperial City, and the country.

The public grievances are enough to show that they are not protecting Your Majesty, but creating trouble for Your Majesty.

Whether to punish Liu Gongshi and others is actually secondary, even insignificant. If Liu Gongshi is punished, will this kind of problem never occur again?

Governing a country is not about taking revenge.”

Zhao Xu's expression eased a lot and he nodded.

Although it was also criticism, Fu Bi's words made people feel comfortable. After all, Fu Bi analyzed the matter from the emperor's perspective. The biggest mistake of the Imperial City Bureau was that it failed to maintain the authority of the monarch. The rest were not worth mentioning.

This is what your boss loves to hear.

If you have something to say, just say it nicely. You are my man, so why do you punish me as I please? You should give some constructive suggestions and don't blame me all the time. Who the hell is the boss?

Zhao Xu also humbly asked: "How do you think we can improve this, Mr. Fu?"

Fu Bi said: "I think the reason why the Imperial City Department cannot protect Your Majesty is mainly because they don't know how to protect Your Majesty.

You need to know when to keep things quiet and when to strike hard. You can’t just rush in recklessly, because that will cause problems sooner or later.”

Zhao Xu nodded repeatedly after hearing this.

Fu Bi glanced at Zhao Xu and said, "So I suggest that the Legislative Council establish a law specifically for the Imperial City Department to protect Your Majesty, the Imperial City, and the stability of the country. The Imperial City Department will have a law to follow, so it will not deceive its superiors and subordinates and do things that are detrimental to Your Majesty's interests."

Zhao Xu seemed a little hesitant.

Law is the rules, and imperial power should be above the law.

Fu Bi knew exactly what Zhao Xu was hesitating about, and he added, "Of course, whether this law is appropriate still needs your Majesty's approval."

Zhao Xu then nodded and said, "Then I'll trouble you, Lord Fu."

"This is my duty."

Fu Bi hurriedly bowed and accepted the order.

Wen Yanbo suddenly stood up and said, "Your Majesty, I think the reason why this case has caused public resentment is that the public security, procuratorate and courts have adopted an open trial method. Many people are relatively ignorant and cannot distinguish between major principles and minor righteousness. They just believe what they hear and follow suit to fan the flames.

I think that such cases should not be tried publicly in the future, unless it is to appease public grievances.”

Zhao Xu nodded repeatedly and said, "What Duke Wen said makes a lot of sense. This kind of case really shouldn't be tried in public."

Zhao Yan immediately said: "I have not considered it carefully. Please punish me, Your Majesty."

Zhao Xu waved his hands and said, "This is not the fault of Mr. Zhao. After all, there was no relevant regulation before."

Wen Yanbo added: "I suggest that we follow the example of the military imperial court and set up an imperial court specifically for the Imperial City Department to try cases that endanger the monarch and the country."

".!"

Zhao Xu immediately looked hopeless and cursed inwardly, "These old foxes are so cunning."

Did Wen Yanbo emphasize whether it should be public or not?

wrong!

He emphasized the need to connect with the public security, procuratorial and judicial organs.

Wang Anshi also looked at Sima Guang with disdain. Where is the gentleman you promised? You old men are much more sinister than me. You are trying to trap the emperor to death!

But he didn't know how to help.

What Fu Bi and Wen Yanbo meant was to establish a law specifically for the emperor and a royal court specifically for the emperor.

Isn’t that enough?

After a while, Zhao Xu bit his teeth and said, "My dear ministers, you are loyal to the emperor and the country. I am very pleased. Yes, the system of the Imperial City Bureau does have many problems. It is difficult to protect me and the stability of the country. I should also rectify it."

"Your Majesty is wise."

Several prime ministers said in unison.

Taking advantage of the moment when they lowered their heads, a strange smile flashed in Zhao Xu's eyes.

It seems that the king and his ministers have reached a consensus, but in fact they all have their own ulterior motives!