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...
"Is Prosecutor Zhang back?"
Xu Zun came out from the back hall and asked the clerk who had just passed by.
"Yes."
The clerk nodded and said, "We just got back. Do you want to invite Prosecutor Zhang over?"
Xu Zun just opened his mouth and suddenly looked at the group of young people on the corridor in the northeast corner, "Where are they going?"
The clerk replied, "It seems that Prosecutor Zhang arranged for them to inspect the prison."
Xu Zun smiled and nodded, and then said with emotion: "Our procuratorate is really full of vitality, much better than other government offices."
His eyes were full of longing, and an inexplicable happiness welled up in his heart.
The clerk smiled and nodded.
.....
...
...
Of course Qi Ji would not lead them there himself, but let Deputy Inspector Lu Dian lead the team.
"Brother Lu, why did you bring us to the case file room?"
A student named He Zhizhong asked Lu Dian.
Lu Dian was a graduate of the previous year and was in the same class as Cai Jing and his colleagues. Fu Bi originally planned to let Lu Dian replace Cai Jing, but Zhang Fei insisted on letting Cai Jing go. Lu Dian then entered the procuratorate and has now become a deputy inspector with his outstanding performance.
"What Prosecutor Zhang said just now, we should still abide by our position here. Don't let Chief Prosecutor Xu mistakenly think that our students from the Imperial College are forming cliques here."
"yes."
He Zhizhong quickly bowed.
Lu Dian added: "Remember this: the first step in inspecting a prison is to go to the case file room, retrieve the corresponding case files, take the case files to the prison, talk to the prisoners one by one, talk about whether the prisoners have been abused in prison, whether they have been wronged, and help them recall the case based on the case files to see if there are any omissions."
The students looked at each other in bewilderment.
They thought they were just going to take a look.
Another student named Guan Shiren asked, "Does our procuratorate have to conduct inspections every year?"
"Um."
Lu Dian nodded and said, "We have regular inspections every year, and we also conduct random checks."
Guan Shiren asked again: "Why is the procuratorate so cautious about prisons?"
Lu Dian laughed and said, "Why? Do you think the job of our procuratorate is to go to court to litigate?"
"I dare not."
"It's normal for you to have this idea. It's because Prosecutor Zhang is so famous that many people think our procuratorate only handles prosecutions. But that's not the case. Court litigation only accounts for a small part of our procuratorate's affairs."
Lu Dian shook his head and continued, "The Procuratorate, as the name implies, is mainly responsible for prosecution. Why are we so cautious about prisons? First of all, it is to prevent injustice. No matter how excellent the system is, it is impossible to be perfect.
There have been cases in the past where a prisoner thought of a key piece of evidence in prison, which overturned the entire verdict.
Secondly, it is the police station. The system of public security, procuratorial and judicial organs is to check and balance each other, and the police station is the most powerful executive organ in the public security, procuratorial and judicial organs. They must be supervised at all times. Otherwise, once a bad apple appears in the police station, the harm will be endless. "
"I see."
Guan Shiren bowed and said, "Thank you for your guidance, Deputy Inspector."
Another student named Wang Hui said, "How could such an important matter be assigned to us, trainee prosecutors?"
Lu Dian smiled and said, "If you think that Prosecutor Zhang is deliberately making things difficult for you, then...haha, your guess is absolutely correct. He is deliberately making things difficult for you."
"ah?"
The students were stunned.
Lu Dian said: "Dealing with prisoners in prison is not an easy job, so our procuratorate has an unwritten rule that newcomers joining our procuratorate are required to do this hard and tiring job."
The students suddenly became depressed.
Even if that's the case, don't say it out loud. It's murderous and heartbreaking!
Lu Dian added: "But you are lucky. Many people will be transferred soon, and you will be taken to court as well."
The students looked delighted again.
The glory of the procuratorate lies in the court, so it is understandable that young people like them want to be in the spotlight.
Lu Dian said: "Work hard and wait for someone from the tax department to come. Then you will have plenty of opportunities to go to court."
“Yes, the students understand.”
......
Xu Zun hesitated for a moment in the backyard and was about to ask someone to call Zhang Fei over when he suddenly saw Zhang Fei rushing to the backyard.
"Father-in-law...I greet you, Father-in-law."
When he saw Xu Zun, Zhang Fei immediately walked up to him quickly. Even though there was no one around, he still called Xu Zun "father-in-law".
"Where are you going in such a hurry?" Xu Zun asked curiously.
Zhang Fei said, "I just hid from Inspector Qi. They captured my son-in-law and tried to find out the rumors in the court."
Xu Zun nodded in understanding, and then asked, "Do you have any news?"
Oh my god! There is a big gossip here! Zhang Fei wanted to cry but had no tears: "I have already told my father-in-law everything I know. Anyway, the public security, procuratorial and judicial organs will be completely independent. Apart from that, I don't know anything else."
Xu Zun nodded slightly, "It seems that this time, the emperor intends to preside over it personally!"
Zhang Fei asked: "Why did you say that, father-in-law?"
Xu Zun looked around and whispered, "At present, no one in the court seems to know how the changes will be made, and the government has not yet handed the matter over to anyone."
I don't know if this emperor can do it. Zhang Fei muttered to himself, and then said: "This reform is mainly concentrated in the three provinces and six ministries. Our public security, procuratorial and judicial organs should not be affected much."
Xu Zun shook his head and said, "I'm not sure! As for the police station, we'll see if they'll assign another chief superintendent, and as for our procuratorate, it depends on whether my position will be transferred."
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Zhang Fei said: "That shouldn't be the case. If my father-in-law's position is to be transferred, the official will definitely tell me."
Xu Zun is still staying in the procuratorate just to pave the way for Zhang Fei. If Zhao Xu has any arrangements in this regard, he will definitely discuss it with Zhang Fei first.
"Then it depends on the Grand Judge."
Xu Zun said: "Now we don't know whether it will be one or several chief judges. According to the news, the Court of Criminal Justice and the Dali Temple will be changed to the Imperial Court. As for the judicial reform, it will be merged into the Ministry of Justice."
Zhang Fei nodded and said, "Actually, this arrangement is quite reasonable. This reform belongs to the administrative department and should not be counted as judicial."
Xu Zun said: "But the Ministry of Justice used to have judicial power. With this arrangement, does that mean that the Ministry of Justice no longer has judicial power?"
Zhang Fei said: "I guess so."
Xu Zun said, "Will this work?"
All along, politics and law have been one. This highest administrative body must control the highest judiciary. If it is completely left out, he doesn't know how to operate.
Just then, a clerk came forward and said, "Prosecutor Xu, Prosecutor Zhang, Mr. Sima is here and wants to see Prosecutor Zhang."
Xu Zun said: "He must have come for this matter."
Zhang Fei nodded.
Xu Zun said: "Go quickly."
"Yes, I will take my leave."
......
Zhang Fei first went to the front yard and invited Sima Guang to his lounge.
"You must have heard about the rumors in the court, right?"
As soon as he sat down, Sima Guang asked Zhang Fei.
"I heard about it."
Zhang Fei placed a cup of tea next to Sima Guang, "Master Sima, please have some tea."
Sima Guang nodded and asked, "What do you think?"
Zhang Fei smiled and said, "I think it's no different than now."
Sima Guang asked curiously, "What do you mean?"
Zhang Fei said: "Since the establishment of the Grand Court President, has the Court of Criminal Justice tried any cases? Sima Xueshi has never intervened in the trials of the imperial court. It's just that before, it was completely dependent on Sima Xueshi's personal moral qualities. Now it is just to change Sima Xueshi's moral qualities into a system, which is exactly what the judiciary pursues.
Of course, after years of training by Sima Xueshi, the people in the public security, procuratorial and judicial departments should not feel much difference. "
Sima Guang pointed at Zhang Fei and smiled, "You have such a big mouth...!"
After a pause, he continued, "I really don't care whether I stay in the Court of Criminal Justice or the Ministry of Justice, but what worries me is that without the Court of Criminal Justice and the Dali Temple, how can the public security, procuratorial and judicial organs operate on their own?"
The heads of the public security, procuratorial and judicial organs have always been the Court of Criminal Justice and the Dali Temple. These two offices are not purely judicial departments, but departments that integrate administration and justice, and are therefore easier to manage.
Now that these two departments are to be abolished, how can the public security, procuratorial and judicial departments manage themselves? This is a problem.
This is why Sima Guang came to find Zhang Fei.
He must deal with this problem before leaving.
Zhang Fei thought for a while, "As for the police station, the government has the final say, after all, they are the royal police. The procuratorate must be independent. The current situation is the best and there is no need for any changes. After all, the procuratorate only has the power of prosecution and litigation, not the power of judgment. The main power is the royal court."
Sima Guang nodded and said, "How to build the imperial court is also my biggest headache."
Zhang Fei asked cautiously, "What does Sima Xueshi think?"
Sima Guang said: "First of all, there cannot be only one chief judge."
Damn! You better not be targeting me. Zhang Fei thought to himself that the emperor had already promised that he would be the chief judge. He asked, "Why?"
Sima Guang said: "Although the public security, procuratorial and judicial organs supervise each other, from your experience in Hezhong Prefecture, in some complex cases, the chief judge can influence the verdict. After all, the law is not perfect yet, and the chief judge can use the Song Dynasty Criminal Code to make a verdict."
Zhang Fei nodded awkwardly.
Sima Guang continued, "According to the previous system, no one party had the final say. The Dali Temple, the Ministry of Justice, the Censorate, and the Court of Criminal Justice all had to review the case one by one. If a chief judge had the final say, the advantages of the public security, procuratorial and judicial organs would be completely gone!"
Zhang Fei nodded again, "Mr. Sima is absolutely right."
Be prepared for unexpected events and control crooked situations, this ancestral law has been deeply ingrained in our bones. Ministers of the Song Dynasty all pay attention to checks and balances of power.
Sima Guang suddenly looked at Zhang Fei, "Look, how should this be constructed?"
Zhang Fei thought for a while and said, "In fact, the previous system of the Court of Criminal Justice and the Dali Temple also had its inconveniences, that is, the status of these government offices was similar. Although the Court of Criminal Justice had the greatest authority, if the Censorate disagreed, a case might be entangled for a long time. The human factor was often greater than the case itself."
Sima Guang nodded, "So the public security, procuratorial and judicial organs should avoid this malpractice."
"Exactly."
Zhang Fei said: "I still suggest that we first determine the level, and then file a lawsuit one level at a time, and the Supreme Court will make the final decision."
At this point, he paused for a moment and continued, "Sima Xueshi thinks that it is extremely inappropriate to have a chief judge. I agree with him. Why not have a chief judge to preside over the daily affairs of the Supreme Court, but generally not to hear cases?
Then at the next level, five court presidents will be appointed, responsible for criminal, civil, national security, military and etiquette law.
Sima Guang's eyes lit up: "Etiquette?"
Zhang Fei nodded and said, "Yes, it is similar to the trial of the crime of unfilial piety among the ten evils. Anyway, it is a case concerning the morality of the whole nation."
Sima Guang nodded and said, "That's fine."
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Zhang Fei added: "But there is one thing. This is not a moral court. The case itself involves very serious criminal or civil crimes. It just has a very bad impact on morality. Simply put, breaking the law is at the forefront. The public security, procuratorate and courts have no right to deal with some moral issues that are not illegal."
Sima Guang also agreed, "Of course. It is difficult for an honest official to judge family affairs, and the imperial court may not be able to judge some minor moral issues accurately."
After all, Confucianism is deeply rooted, and it is unrealistic to completely replace Confucianism with laws. It is better to set up a royal court specifically for Confucianism to handle cases where morality and law are entangled.
Zhang Fei added: "If the case is to be brought to the Supreme Court, the government can select two of the five court presidents to hear the case together with the chief court president. If the three court presidents have different opinions, they can vote to resolve the issue and avoid a tangled situation."
Sima Guang asked: "Why does the government appoint the president of the court?"
Zhang Fei said: "This is very simple, because if you want to bring a case to the Supreme Court, it must involve the emperor or the royal family, and the emperor must personally arrange it. What if the emperor disagrees?"
Sima Guang nodded and said, "That makes sense."
He thought for a while and suddenly asked, "By the way, do you hope to get a promotion in this rotation?"
"ah?"
Zhang Fei was stunned at first, then he said with a chuckle: "Can I get promoted if I want to?"
Sima Guang chuckled and said, "You returned from Hezhong Prefecture with great achievements, but you were promoted to the prosecutor's office. This is inappropriate. I arranged it this way only for the sake of building the public security, procuratorial and judicial system. Not to mention the major cases you tried this year. Even if some people don't want you to be promoted, they can only keep it to themselves."
Zhang Fei thought about it and said, "Forget it this year. The Procuratorate still has a group of new people to train. Although there are also new people in the Royal Court, it is easier to adapt to the Royal Court."
The position of judge has existed since ancient times, but there are some differences in procedures. For example, Qi Hui and others were able to adapt quickly when they became court presidents. The Procuratorate is a brand new department, and even the most experienced officials would feel at a loss when they joined the Procuratorate.
This is why the Beijing Procuratorate was unknown in the first few years.
Sima Guang laughed and said, "I thought so too, but I was afraid that you would complain. Now that you think so too, I feel relieved."
......
Wang Anshi really didn't have the time to find Zhang Fei to talk about the Super Business Agency and the cooperation between the Ministry of Revenue and the Jiekupu.
These were all specially approved by the Regulations Office of the Two Prefectures and will definitely have an impact.
He was now in the Regulations Office of the Second Prefecture, frantically approving government decrees without any prior preparation. Now that they were to be revoked, he hurriedly approved all the decrees that should be approved.
Deng Wan came to the Department of Regulations of the Two Prefectures and saw the pile of documents in front of Wang Anshi. He couldn't help but ask, "Sir, the new policy has not yet been completed. Why is the government in such a hurry to cancel it?"
It has to be said that this was a huge blow to the morale of the reformists.
Suddenly, the headquarters was shut down.
Who can bear this?
Wang Anshi raised his head, put down the pen in his hand, and said with a smile: "If Sima Junshi will also retire from the Court of Justice, then this arrangement is reasonable!"
At first, after he finished talking with Zhao Xu, he was actually very depressed. But now that he saw that the situation had changed and Sima Guang would lose control of the public security, procuratorial and judicial organs, he felt much more balanced.
It’s still the old saying, what’s worrying is not the lack of wealth but the inequality of wealth!
Deng Wan said, "But it is said that Sima Xianggong will continue to preside over judicial reform in the Ministry of Justice, and we are going to abolish the two government regulations department, so we will still suffer heavy losses."
Wang Anshi glanced at him and said, "If it weren't for the public security, procuratorate and courts, this two-government regulations office would not have existed for so long, and at most it would not have lasted more than three years.
Now that the main new policies and regulations have been promulgated, and the officials who should be appointed have also been appointed, it stands to reason that they should be revoked. In exchange for this, we can get a court of trial from the other side, so we are not losing out!"
Zhao Xu said it at the right time. Although he was feeling MMP in his heart, he agreed without hesitation. With his personality, if something was really wrong, he would definitely say it, unless he felt he was in the wrong.
The reason is that he was actually very satisfied with the issue of setting up the Regulations Office of the Two Ministries. After all, this power was too great. Not only could he formulate and promulgate policies, but he could also appoint major officials. It was equivalent to combining the power of the Privy Council, the Council of State Affairs, and the Three Departments in one person. He could get whatever he wanted. This could not last long. In history, the Regulations Office of the Three Departments only existed for more than a year.
Of course, that was also because Wang Anshi drove all the conservative backbones out of the capital within a year, returned to the Council of State Affairs, and still held great power.
But now the court has always been in a balance of power, and Wang Anshi has always been controlled by the public security, procuratorial and judicial organs. The emperor felt a little relieved and he has not withdrawn.
But every year there are people calling for the abolition of the Two Prefectures Regulations Office.
Because ever since the establishment of the Regulations Office of the Two Prefectures, the Government Affairs Hall has been almost covered with cobwebs and its presence is extremely low. If it continues like this, it may be replaced.
Now the emperor also cuts off a piece from each side to maintain the balance. The part that is cut off is the part that the emperor will take over.
Of course, Wang Anshi had nothing to say.
Deng Wan asked: "What should we do next?"
We are all used to the Regulations Office of the Two Prefectures. Without it, no one will know how to do anything.
Wang Anshi pondered for a moment and said, "At present, it is unlikely that the government will immediately return to the three-province and six-department system. It will definitely be done step by step. As far as I know, the judicial reform will be placed in the Ministry of Justice, while the Ministry of Finance and the Ministry of Agriculture will be placed in the Ministry of Revenue. According to the trend, the government should plan to put all the reform results into the six ministries first. I don't know if the three provinces will be moved, but the reform will definitely continue through the six ministries in the future."
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Deng Wan asked: "In other words, each is divided into three parts?"
Wang Anshi nodded and said, "Most likely. We are determined to obtain the Ministry of Revenue and the Ministry of Works..."
Deng Wan hurriedly said, "Sir, the Ministry of Works is secondary, the Ministry of Personnel is the one we must fight for."
Wang Anshi chuckled and said, "I would like to do that, but do you think it is possible? If we have both the Ministry of Revenue and the Ministry of Personnel in our hands, will they agree?"
I want them all, but it's not that good of a thing.
"That's true."
Deng Wan nodded awkwardly and said, "But Lord Wang, since Lord Sima is no longer in charge of the public security, procuratorate and courts, we can also fight for it. Now the public security, procuratorate and courts are all Lord Sima Guang's people. We are just Zhang San in there, and it is difficult to control us."
Wang Anshi asked: "There are not many people who are familiar with the public security, procuratorial and judicial organs at present, so it is unlikely that there will be a rotation."
Deng Wan said: "But it is rumored that the Court of Justice and the Dali Temple will be changed into the Imperial Court, and there may be more than one chief judge."
"That's possible." Wang Anshi nodded. "If that's the case, we only have one candidate at the moment."
Deng Wan said, "Mr. Zeng."
Wang Anshi nodded.
.....
Government Affairs Hall.
Fu Bi, Wen Yanbo and Lu Gong were sitting inside, checking official documents and chatting.
"well...."
Lu Gong put down the document in his hand and sighed, "This is the first rotation, and I feel so at a loss."
Wen Yanbo and Fu Bi looked at each other tacitly, smiled and shook their heads.
At this point, they all knew that the emperor was going to rule the country himself, so no one knew what was going on.
Wen Yanbo said: "But judging from the situation, the government should be planning to put all the results of the reform into the six ministries. In this way, the powers of the three provinces and six ministries will be restored soon."
Reform is power. The emperor gave the power of reform to the six ministries. How could they not grab it? In the future, deepening reforms will have to go through the six ministries.
You can't help but accept this method.
Lü Gongzhu asked again, "How will the six ministries arrange this?"
Wen Yanbo said: "The Ministry of Revenue must be handed over to Wang Jiefu. In my opinion, it is either Lu Huiqing or Zeng Gong. We can only try our best to take over the Ministry of Personnel."
As he said this, he looked at Lu Gongzhe, "Uncle Hui, you are the most suitable candidate."
If you want to win, you must recommend a candidate who can convince the public.
Lu Gong hurriedly said: "This... Let's talk about it later. We don't know anything now."
Wen Yanbo stroked his beard and smiled.
Lu Gongzhu asked again: "What will be the arrangements for the Political Affairs Hall?"
Wen Yanbo said, "Three years ago, Wang Jiefu was going to be promoted to Pingzhangshi, but he refused and recommended Zeng Gongliang. This time, it must be Wang Jiefu who will be Pingzhangshi, and the other one must be Junshi."
Lu Gong said, "But I heard from Junshi that he will definitely not be appointed as the Prime Minister."
Wen Yanbo was surprised and asked, "Why?"
Lu Gong said: "Because he thinks that since he has no achievements and is not capable enough, he just wants to stay in the Ministry of Justice and continue to complete the judicial reform."
Fu Bi chuckled and said, "This is very much like Junshi's style!"
Wang Anshi often satirized Sima Guang for being indecisive. In fact, Sima Guang himself admitted that when the emperor first found him and asked about the reform plan, he proposed a complete plan, but refused to take on this important task. It can be seen that he always believed that he was not qualified to be the prime minister and lacked the courage.
The reason is that he uses history as a mirror every day, so he can see the drawbacks of the policies he formulates, and thus falls into a vicious circle.
The reason why his judicial reform was relatively smooth is because this thing is so new and there is no way to use history as a mirror.
As a result, he always realized things late in many cases and then went to get angry at Zhang Fei.
At this moment, Sima Guang had no time to worry about anything. In fact, he was opposed to the three provinces and six ministries, but when he saw Zhao Xu's actions, he knew that it was useless to oppose it. The key was that he could not come up with a very strong reason to oppose it, so he devoted himself to planning to build a completely independent public security, procuratorial and judicial system.
Take care of your own affairs first.
The Imperial Palace.
"Zhang San, has Scholar Sima come to see you recently?"
Zhao Xu asked.
Zhang Fei nodded and said, "I have. He asked me how to change the Court of Justice and the Dali Temple into the Imperial Court."
Zhao Xu asked: "Then what did you say?"
Zhang Fei said, "Because at that time, Scholar Sima believed that it was definitely not possible to have a Grand Court President, so I suggested that a Grand Court President be appointed to preside over daily affairs, and the Court President appoints two people to hear cases together with the Grand Court President."
Zhao Xu frowned and asked, "Really?"
Zhang Fei nodded and said, "Yes! It has been brought to the Supreme Court, so it must be related to His Majesty. Of course, His Majesty must personally appoint the chief judge to try the case."
"I knew it." Zhao Xu suddenly smiled and shook his head, "This Sima Junshi is really cunning!"
Zhang Fei asked, "Why do you say that, Your Majesty?"
Zhao Xu asked, "Do you know what he said to me?"
Zhang Fei shook his head.
Zhao Xu said, "He said that there will be a permanent chief judge to preside over daily affairs, including liaison with the Legislative Council. This will be appointed by me, but if the lawsuit goes to the Supreme Court, the two governments will each appoint one to hear the case together with the chief judge."
"ah?"
Zhang Fei opened his eyes and cursed inwardly, "You old Sima, you are trying to kill me!"