Judge of the Song Dynasty Chapter 711: They are all actors
This court hearing is the first time that the public prosecutor, prosecutor and law have had direct contact with the imperial power.
Many dignitaries in the court were ecstatic about this. They believed that as long as the procuratorate opened court to hear the case, it would be an unsolvable situation. A fair trial would definitely offend the emperor. No one understood the style of the Imperial City Division.
And if he protects the Imperial City Division, he will burn down the authority he has established.
They even think that they don’t need to end up in trouble.
But they never expected that at this last step, the Imperial Court would hold back the butcher's knife. Although it was judged that the Imperial City Secretary had been beaten and abused the punishment, the prisoner was still handed over to the Imperial City Secretary for his own disposal in accordance with the rules.
The Imperial Court did not even arrest Liu Renzan and other relevant persons on the spot, but only gave a paper explanation. Anyway, you, the Imperial City Division, will take care of it yourself.
Looks so pale and weak.
This immediately aroused dissatisfaction among the young scholars. Since the other party has been judged to have violated the law, why not order the arrest?
Could it be that the Imperial City Secretary is above the law?
People also hope to promote good and punish evil.
The imperial court ignored it, because it was very clear 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 power to judge that the imperial city has violated the law, but it has no power. Dispose of the Imperial City Division.
As Zhang Fei said, according to the emperor's edict, if the Imperial City Division has been determined to have violated the law, the Public Security Bureau has no right to intervene.
However, it does not say that the public security bureau, procuratorate, and law cannot intervene before a violation of the law is determined.
The Imperial City Division was relatively simple and crude in dealing with this matter. Once the door was closed, no flies could even 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 Division.
Of course, this must be the emperor's order.
For Zhao Xu, things are actually very simple. It’s not that he doesn’t know the tricks involved, but what he cares about is that no one can override the imperial power. If you can punish Liu Renzan today, you can punish me tomorrow. .
But the courtiers and dignitaries did not want to let it go.
The powerful people intervened in this matter in the hope of intensifying the conflict between the emperor and the public prosecutor and the law.
The prime minister hopes to limit the power of the Imperial City Division, which in fact indirectly limits the emperor's power.
No ministers in any dynasty have ever tried every means to restrain the emperor's power like these ministers in the Northern Song Dynasty. They didn't even hide their intentions, they just made it clear.
Because everyone's consensus is that the emperor and the scholar-bureaucrats rule the world together, there must be a balance of power.
However, judging from the historical results, the emperor was still superior 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 was still based on Confucianism, while Wang Anshi believed in Legalism. Legalism emphasized centralization. Although it was not as terrifying as Shang Yang's reform, under his series of operations, it was still It broke many shackles on the emperor, which later led to Song Huizong having such great power.
It can be seen from this that the lawsuit only forced the emperor to die personally.
Sima Mansion.
"The official has met Bachelor Sima."
Zhang Fei bowed his hand.
"Sit down!"
Sima Guang pointed to the chair next to him.
"Thank you."
Zhang Fei is sitting upright.
Sima Guang glanced sideways 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’ve just gone crazy. Are your reflexes also slowing down? I was really drunk too. Zhang Fei muttered to himself, but smiled sarcastically.
Sima Guang frowned and said: "What? You dare to do this but you dare not admit it?"
Zhang Fei said guiltily: "Don't be surprised, Master Sima. The reason why I asked Bachelor Sima to testify in court is just to tell everyone that the procuratorate is not targeting the Imperial City Division, nor is it pointing out that the Imperial City Division has done something wrong. It’s just about subjugation and abuse of punishment.”
Sima Guang said: "Even so, there are so many ministers sitting next to you, why did you choose the old man? You can ask Wang Jiefu to come up. He must be very willing to say that. Does he think that I, Sima Guang, am easy to bully?"
"Of course not."
Zhang Fei said: "Who dares to think so? It's just...ahem, but I know that Academician Sima has always complained about the Imperial City Division, so those words coming from Academician Sima's mouth are more convincing."
"I knew you were planning on doing this."
Sima Guang snorted. In fact, he had already figured it out at that time, and said: "But you are purely whimsical. You want to tell everyone that you are not targeting the Imperial City Division, but the problem is that the Imperial City Division is determined I wouldn’t think so.
What you did in this matter was not smart. If Liu Renzan cannot be punished by the Public Security Bureau, they will definitely be emboldened to intensify their efforts, and they are determined to retaliate against the Public Security Bureau.
Especially you kid, you often speak freely and are easily caught by them. Even if they are interrogated 10,000 times, it doesn't matter, but if you are caught once, huh, you will definitely be a hundred years longer than Hu. Qiu He and the others suffered ten thousand times. ”
Zhang Fei frowned, very confused: "Of course I know this, so I didn't want to get involved in the investigation at first. It was an order from the imperial court. I can only do this one step. If I take another step forward, I might It exceeded the powers of the Procuratorate.
In fact, it was very difficult for me to win this lawsuit. If the other party hadn’t made their own mistakes, we would have 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 escape death."
Zhang Fei cupped his hands and said, "I wonder if Bachelor Sima has any advice?"
Sima Guang said: "There is no need for advice, because we have no way out. The Imperial City Division must be checked and balanced by the public prosecutor and the law, otherwise, there will be endless troubles."
Zhang Fei said: "But this requires the consent of the officials."
Sima Guang said: "This is none of your business. I will tell the officials on my own, but now I need to find a way to connect the Imperial City Division with the Public Procuratorate. There is currently no clear provision on whether the Imperial City Division It must be controlled by the public prosecutor and law."
Zhang Fei was silent for a while, "Actually, I had thought about this issue when I was working on this case."
Sima Guang looked happy and asked, "Do you have any idea?"
Zhang Fei suddenly asked: "Does Bachelor Sima agree with the military imperial court?"
"Military Imperial Court?"
Sima Guang was stunned for a moment, "Of course I agree."
Zhang Fei asked again: "Why?"
Sima Guang was a little confused, "What for?"
Zhang Fei said: "There are many differences between military imperial courts and ordinary court trials. For example, the trials are not open to the public, and the national interests are completely given priority, rather than morality and justice."
"That's different, how can war be the same as...!"
As soon as the words came out, Sima Guang suddenly reacted and said: "You mean to imitate the military imperial court and restrict the Imperial City Division?"
Zhang Fei nodded and said: "The military imperial court also weakened the eunuchs' power to supervise the army to a certain extent."
"But it's different."
Sima Guangdao: "The Military Imperial Court is mainly aimed at war, and it is still very different from criminal and civil affairs. However, what the Imperial City Division does involves many criminal and civil regulations. There are differences between the two. Contradictory."
Zhang Fei said: "So we have to find a way to distinguish the two."
Sima Guang immediately asked: "What can we do?"
Zhang Fei said: "Create a law specifically for the Imperial City Division."
"What?"
Sima Guang was shocked.
Zhang Fei said: "Just now I asked Bachelor Sima why the military imperial court is unique? In fact, it is also based on the concept of legality, because according to the concept of legality, the interests of the monarch and the country are the highest priority.
War directly represents the interests of the country and the monarch, so the military imperial court is specially set up for this purpose, making it particularly special.
In the same way, the powers of the Imperial City Department 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 also be a special law set up and given the highest priority. Fully meet the needs of the officials, and then connect with the public security organs, prosecutors, and law. In this way, we should be able to obtain the consent of the officials. ”
Sima Guang thought for a while and said: "You are treating the symptoms rather than the root cause."
He wants to limit the imperial power. If you still give him such a high priority, wouldn’t it be like taking off your pants and farting?
"Not so."
Zhang Fei said: "Take this case as an example, does Bachelor Sima think 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 Academician Sima agrees that they should be investigated is because the conversation between Hu and Qiu may indeed cause confusion and may have ulterior motives. The reason why Academician Sima objects is because the Imperial City In order to achieve meritorious service, Si abused the punishment and beat him to death."
Sima Guang nodded again.
Zhang Fei said: "So, no matter how the law is set up, Hu Changbai and Qiu He will only be investigated, but there will not be abuse of punishment or torture. Because according to the system of the Public Security Bureau, it is impossible to allow this. ."
Sima Guang thought to himself that since the birth of the Public Prosecution Law, unjust cases have indeed been reduced on a large scale, but in fact the law has not changed much. The real power of the Public Prosecution Law lies in its trial system.
Even if there is a priority, as long as the trial system of the Public Security Bureau is followed, the power of the Imperial City Division can still be further restricted.
After a while, Sima Guang asked again: "Then how should this law be set up?"
Zhang Fei said: "For the time being, we can group all the crimes involving the interests of the monarch and the country into one category, and give them a new name, such as the "Sheji Security Law", which is specifically aimed at those who attempt to subvert the country, the country, and the country, but how specifically? To establish regulations, this may need to go through trials by the public prosecutor and the law, and then be improved based on each case.
Because I have checked some relevant regulations, and they are all very general. The previous results are also varied and contradictory. It is impossible to get an accurate answer just by imagination. If the regulations are not rigorous, it will be self-defeating. Or create an unjust case. ”
Sima Guang nodded slightly and said: "I still 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 there is only so much I can do."
Sima Guang nodded.
Why Sima Guang was eager to find Zhang Fei to discuss countermeasures was because public opinion was already fermenting. They had to rely on public opinion and quickly put extreme pressure on the emperor, demanding that Liu Renzan and other people involved in the case be handed over to the judiciary.
In the end, Zhao Xu was forced to have no choice, so he summoned the ministers to discuss how to calm down the turmoil.
"In my opinion, the key to this case lies not with the Imperial City Division, but with the Xiang soldiers."
Wang Anshi was the first to speak out.
When Zhao Xu heard this, he hurriedly asked: "What do you mean by this?"
That look seemed to say, if you can speak, just speak more and never stop.
Sima Guang looked at Wang Anshi with disdain. As soon as Wang Anshi raised his butt, Sima Guang knew what he was going to fart.
Wang Anshi immediately said: "Reporting to Your Majesty, I believe that this case is mainly due to the fact that the Xiang soldiers endured too much labor and at the same time did not receive enough salary. Without all of this, this case would not have happened at all."
Zhao Xu nodded and said, "What you said makes sense."
Sima Guang said: "Isn't this caused by your large-scale construction project?"
Wang Anshi asked: "Could it be that the lives of Xiang soldiers were very happy before me?"
"You two, don't fight anymore."
Zhao Xu quickly stopped him, "Let's hear what Bachelor Wang thinks first."
Wen Yanbo glanced at Zhao Xu and thought to himself, you are still acting as the peacemaker, isn't this meeting just for you?
Wang Anshi said: "I think everything is due to the chaotic management system of Xiangbing. There is no regulation on how many people to recruit, and there is no regulation on how many people to lay off.
It was said to be a bridge camp, but it was actually doing the work of a waterman. As soon as the imperial court issued an order, the soldiers rushed forward. The road builders went to build bridges, and the bridge builders went to build roads. Unless those soldiers were alone. Everyone is an all-rounder, otherwise, they will get twice the result with half the effort.
It seems that the Xiang soldiers work every day, but they can't see any results. Moreover, neither the political hall nor the Privy Council knows anything about the Xiang soldiers camp. Anyway, they just think that it is a mixed bag of fish and dragons.
If there is no problem with such a management system, it will be strange. ”
After saying these words, Sima Guang couldn't help stroking his beard and started to ponder.
He has always agreed with Wang Anshi's views, but he just sneered at Wang Anshi's solution.
Zhao Xu glanced at them secretly and asked Wang Anshi: "Then according to your wishes, how should the court manage those soldiers?"
Wang Anshi said: "Although the Xiang soldiers are under the management of the Sanyamen, everyone knows their combat effectiveness. To truly fight the enemy, we still have to rely on the Forbidden Army.
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 Xiangbing had many talents who were familiar with engineering and water conservancy, but their talents were wasted due to the Xiangbing system.
Based on all this, I thought that some of the military camps should be separated from the three yamen, and then the talents should be returned to the various ministries. For example, building bridges and roads belongs to the Ministry of Industry, while water transportation and land transportation belong to the Cao Department, etc. With such planning, the government's decrees will be more clear.
If you want to build a bridge, you need to directly order the Ministry of Works. There is no need to first order the Privy Council. The Privy Council will then order the three yamen, and the three yamen will then dispatch the soldiers according to the order. Such cumbersome rules make it impossible for the court to coordinate the plan, and it is even more unreasonable. Ability to work well with the budget system that has been improved previously.
In the past, for any major projects, water transport soldiers had to go to the river to serve. Since they had this power, the executors would naturally use the human sea tactic. If separated, if a river is built, the River Water Conservancy Department must plan the construction period based on specific manpower, and will not return wrong information to the court, and the court can make more accurate plans. ”
After hearing these words, Fu Bi and Wen Yanbo were surprised.
This is a very bold idea.
There is no problem with such a plan. The key is to get the soldiers out of the three yamen and transform them from the military department into an administrative department.
This...
Wen Yanbo said slightly worriedly: "Although the combat effectiveness of the Xiang soldiers is weak, they still have to perform their duties as soldiers at critical moments. If they are allowed to leave Sanya, will this affect our army's border defense?"
In the past, Zhao Xu would have been so worried, but now he was more and more convinced that his initial layout of the police station was very correct.
Wang Anshi said: "Wars rely on elite divisions. If a mob goes to the battlefield, it will only hinder us. It is better to let them build strong fortresses.
Furthermore, I am not asking all Xiang soldiers to leave Sanya, but only some Xiang soldiers to leave Sanya. As for border defense, I will not move it for the time being.
But border defense can also follow suit and form logistics corps. If you specialize in this technique, you will get twice the result with half the effort, and the generals will be able to command it with ease. ”
"What you said is very reasonable."
Zhao Xu nodded and immediately said: "This matter will be left to the Ordinance Department of the Second Government and the Privy Council."
Sima Guang could tell at a glance that the monarch and his ministers were cooperating again. Wang Anshi blamed the case on the Xiangbing system in order to get the Xiangbing out of the three yamen. This was undoubtedly to attract manpower for his water conservancy project.
And Zhao Xu used this loophole in the system to deflect everyone's complaints about the Imperial City Division.
It is not an exaggeration to say that he committed the crime in embarrassment.
"Your Majesty, although what Academician Wang said is beneficial, such a major matter should be carefully considered and should not be made hastily. Moreover, the key to this case is not because of the Xiangbing system, but because of the Imperial City The commander-in-chief is not subject to judicial restraint and can act arbitrarily. It is difficult to quell people’s resentment just by changing the military system!"
Zhao Xu lowered his face gloomily and glanced at Sima Guang unhappily, "There is something wrong with the Imperial City Department, but are those two soldiers really innocent? They said that the imperial court appointed eunuchs. This is clearly true. Do you think I don’t know if you criticize the mulberry tree or the mulberry tree? I just don’t want to say it.”
The tone was full of anger, as if to hint to the ministers not to push the envelope.
Sima Guang was not afraid at all and argued rationally: "Even if it is true as your Majesty said, they are criticizing the mulberry tree and the locust tree, shouldn't your majesty first see if they are right? As the saying goes, those who listen to both will understand, but those who listen will understand. If you listen, you will be silent, if you have it, you will change it, if you don’t have it, encourage it. This is the example of a wise king."
After all, this was an important meeting, and only the prime minister was present, so Sima Guang didn't need to worry about it that much.
You still have to spray when you need to spray!
"You!"
Zhao Xu suppressed his anger and said, "Then do you think they were right to scold you?"
Sima Guang immediately replied: "If it is wrong, why does Your Majesty support Bachelor Wang to reform the Xiangbing system?"
".!"
Zhao Xu almost didn't vomit blood, he immediately broke the skill and said aggrievedly: "But I have changed too!"
Sima Guang said: "But His Majesty is only willing to change the system of Xiangbing, and is not willing to reform the Imperial City Department. Can the reform of Xiangbing ensure that no one in the world complains? Such cases will still happen frequently, and If the persons involved are not severely punished, the Imperial City Division will be more emboldened to intensify their efforts."
Zhao Xu couldn't defeat Sima Guang, and said angrily: "Who said I would tolerate it? However, this is an internal matter of the Imperial City Department. I will send people to investigate and then impose punishments. The affairs of the Imperial City Department are not something that Bachelor Sima should worry about. ."
Sima Guang said: "I am worried about the innocent people, the country and the country, not the Imperial City."
What?
If you don’t worry about the Imperial City Division, do you mean you don’t worry about me?
This is really unreasonable!
Bang!
Zhao Xu couldn't bear it anymore and slammed the table. Just when he was about to get angry, Fu Bi suddenly stood up and said, "Your Majesty, please calm down."
Zhao Xu glanced at Fu Bi, his expression softened a little, and asked: "What does Mr. Fu think of this?"
Fu Bi said: "I think what prosecutor Zhang said in his closing statement is very reasonable. In this case, the incompetence of the Imperial City Division has been fully exposed. They are unable to protect His Majesty, the Imperial City, and the Imperial City." Good country, good country and good country.
The public resentment is enough to show that they are not protecting His Majesty, but creating trouble for His Majesty.
Whether to punish Mr. Liu and the others is actually secondary, even trivial. Would punishing Mr. Liu prevent this kind of problem from happening again?
Governing a country is not about pleasure and grudges. ”
Zhao Xu's expression softened a lot and he nodded.
It is also a criticism, but Fu Bi’s words make people feel very comfortable. After all, Fu Bi analyzed the matter from the emperor’s point of view. The biggest mistake of the Imperial City Department was that he failed to maintain the authority of the monarch. None of them deserve to be one.
This is what your boss loves to hear.
If you have something to say, just say it. My dear, why do you punish me just because you want to punish me? You have to give me some constructive suggestions and don’t just blame me. Who is the boss?
Zhao Xu also asked humbly: "How should the rich man improve?"
Fu Bi said: "I think the main reason why the Imperial City Division cannot protect His Majesty is that they don't know how to protect His Majesty.
When to calm things down and when to strike hard, you have to be measured, and you can't be like a reckless man who rushes in and out, which will cause problems sooner or later. ”
Zhao Xu nodded frequently.
Fu Bi glanced at Zhao Xu and said: "So the veteran suggested that the Legislative Council establish a law specifically for the Imperial City Division to protect His Majesty, the Imperial City, and the stability of the country. The Imperial City Division If you have laws to follow, you will not deceive your superiors or do anything detrimental to His Majesty's interests."
Zhao Xu seemed a little hesitant.
The law is the rule, and the imperial power should be above the law.
Fu Bi didn't know what Zhao Xu was hesitating about, so he added: "Of course, whether this law is appropriate or not requires your Majesty's consent."
Zhao Xu then nodded and said, "Then I'll trouble Mr. Fu."
"This is a matter within my duty."
Fu Bi quickly accepted the order.
Wen Yanbo suddenly stood up and said: "Your Majesty, I believe that the reason why this case aroused public resentment is that the public prosecution and law adopted a public trial method. Many people are relatively ignorant and cannot distinguish between big and small matters. , join in fanning the flames.
I believe that it is best not to hear such cases publicly in the future, unless it is to appease public dissatisfaction. ”
Zhao Xu nodded frequently after hearing this and said: "What Mr. Wen said is very reasonable. Such cases are really not suitable for public trials."
Zhao Bian immediately said: "I have not thought carefully, so please punish me."
Zhao Xu waved his hand and said: "No wonder Mr. Zhao, after all, there were no relevant regulations before."
Wen Yanbo added: "I suggest that we follow the example of the military imperial court and set up a special imperial court for the Imperial City Division to hear cases that endanger the monarch and the country."
".!"
Zhao Xu immediately looked helpless and cursed secretly, these old foxes are really more cunning than the others.
Did Wen Yanbo stress whether it was fair or not?
Wrong!
What he emphasized was the need to connect with the public prosecutor and the law.
Wang Anshi also looked at Sima Guang with contempt, where is the gentleman he promised to be? You old men are much more insidious than me. Each of these links is to trap the emperor into death!
But he didn't know how to help.
In the end, what Fu Bi and Wen Yanbo meant was to establish a law specifically for the emperor and a royal court specifically for the emperor.
Not enough?
After a while, Zhao Xu gritted his back teeth and said: "I am very pleased that you all love me and are loyal to the emperor and the country. Yes, the system of the Imperial City Department does have many problems, and it is difficult to protect me and maintain the stability of the country. I should also straighten myself out."
"Your Majesty is wise."
Several prime ministers said in unison.
Taking advantage of the gap between their lowered heads, a strange smile flashed in Zhao Xu's eyes.
It seems that the emperor and his ministers have reached a consensus, but in fact they all have their own agendas!