After seeing off Xu Zongren, Zhao Bing fell into deep thought. He had always thought that after his repeated rectification, the official team had stabilized and formed an effective management method. As the saying goes, you can share hardships, but not wealth and honor. After a long talk today, he found that he was too optimistic. The changes in the situation have made people feel volatile. Not only did the individual want to get benefits from victory, but he also began to consider the interests of their respective class and wanted to get the largest piece of cake in it.
Zhao Bing knew that although his side had won temporarily, the revolution was far from successful and was still in a very dangerous situation. The Mongol Yuan would never sit by and watch a powerful new regime appear next to it. No matter whether the peace agreement can be reached, the war between the two countries will continue. A stable regime is the basis for ensuring victory, so as the state manager, the official team must first ensure stability, efficiency and pragmatism.
The difference between officials and officials in terms of functions is that officials are in charge of government orders and officials are in charge of affairs. That is to say, officials are mainly responsible for managing administrative affairs in their departments or regions, focusing on macro-management and control, and have certain decision-making powers, thus presenting functions such as guidance, management, supervision, and coordination. The officials are the executors of government orders and direct managers.
Zhao Bing understood that clerks were indispensable in the regimes of all dynasties, and of course he also knew the cunning and greedy image they left to the world. However, he thought that from the facts, the positive role of clerks should be greater than the negative influence of this group. The role played by clerks in the Song Dynasty in governments at all levels was not only greater than that of the Sui and Tang Dynasties, but also was not as good as clerks in the Ming and Qing Dynasties. Although they were as humble as slaves, they were often able to manage government affairs on behalf of officials, acted beyond their power, and gradually became the real power faction in governments. The scholars and officials exclaimed: Recently, officials were strong and weak, and officials were not enough to control officials. They even described the official Caosi as the world of public people.
If we want to solve the problem of officials invasion, Zhao Bing knew that it was not something that could be solved by an imperial edict. Instead, it should be viewed from a macro perspective, but it is not a headache to treat the head and feet. Of course, there are many reasons for this situation. The most fundamental point is that the bureaucrats and scholars rely on officials in the process of handling government affairs. The more officials rely on officials, the more prominent the role played by officials in national politics.
The reason why officials rely on clerks is multifaceted, which involves the differences in the management model of officials and officials, and also concerns the attitude of bureaucrats and scholars towards political affairs. In other words, scholars focus on academics but do not care about meticulous matters; clerks focus on civilized matters and know the codes in detail. clerks have been engaged in specific affairs such as copying and copying in the government for a long time. Over time, they are naturally familiar with the laws and regulations in their department. However, officials are not the case. They read books of sages and know nothing about practices, and they have to rely on clerks to act on their behalf.
Another important reason is that the official system and the official system of the Song Dynasty had relatively independent systems, with officials with ranks and ranks. If you want to be promoted from officials to officials, it would be very difficult to follow the provisions of the promotion system of officials and clerks. During the reign of Emperor Renzong, it was changed to civil servants every three years and military officers every five years. This resulted in no virtuousness. From origin to Guan, from Guan to magistrate, from Guan to magistrate, from four to six courts, from four to six courts to prosecutors, from inspectors to ministers, from supervisors to govern, and from supervisors to govern, and from supervisors to govern.
The negative impact of this transfer system weakens the role of choosing a talented person and responsibilities, making it impossible to distinguish between the virtuous and the foolish. The promotion depends on seniority, and changes in official positions are often linked to treatment. Due to the difficulty of promotion, there is no hope of improving treatment. According to regulations, the salary of officials is very low, and some local officials are even purely voluntary labor. Without wages, what can they use to support their families? The clerks naturally work passively and have to rely on extortion and embezzle public funds.
It seems that the entire official system is forcing people to do evil. Maybe some people don’t understand why a government forces people to do evil? In fact, Zhao Bing feels that the root of the emperor is still on the emperor. You should know that the emperor is most afraid of someone robbing his power, but the world is too big and a person can’t play with it. He can only transfer power to laws and regulations and systems, and restrain each other one after another.
The result is that the emperor's power was not handed over to the ministers, that is, "officials", but to the clerks who enforce laws and regulations. Cerks are the rules of "governing civil affairs" in the empire, and the executors of the system or personalized manifestations. Their power lies in the emperor's comprehensive acquisition of local governance power. The officials who "govern the hearts of the people" are also the targets of the emperor's defense. For thousands of years, some people have wanted to solve this problem, but it has not been completed until modern times.
Zhao Bing knew that he was not that capable, but no matter what, the clerk class has become a group that cannot be ignored in Chinese society. If this problem cannot be solved, it will inevitably bring extremely serious consequences. To treat both the symptoms and the root cause, he thought that he had to find a way from a system perspective and establish a set of effective rules that can guarantee the interests of all parties.
In the construction of laws in previous dynasties, Zhao Bing felt that the Tang Dynasty was most worth learning. Although coups occurred from time to time since Emperor Taizong of Tang, the Tang Dynasty did not show any decline until the Kaiyuan period was ushered in. One of the important reasons was that the Qingming administration and institutionalized operation established in the early Tang Dynasty adopted Confucian thought as the standard to cultivate the morality of officials, and also attached great importance to the virtues of officials in the Tang Dynasty. The so-called morality of officials was not a simple cultivation of morality, but in essence it was a kind of cultivation of values.
Starting from Emperor Taizong of Tang, he insisted on using Confucianism to educate officials, and believed that virtue affects the administration of officials, and that administration of officials affects the rise and fall of dynasties. The legal system, assessment system, supervision system, etc. of the Tang Dynasty were all established under this concept. Judging from the examples of the Tang Dynasty, the cultivation of values ​​was effective. Until the middle Tang Dynasty, Bai Juyi also said: "The current criminal law is the criminal law of Emperor Taizong; the current world is the world of Emperor Taizong." This influence is clearly reflected in the system and also reflects the stability of values.
The Tang Laws have made specific provisions on various behaviors in which officials do not perform their duties. The standards, the degree of violation of regulations, and the criminal punishments they receive are clear and clear, and are very operational; if there are rules, there must be supervision. The Tang Dynasty established a vertical and effective supervision system. The chief censor was directly responsible to the emperor, and the court attached great importance to the selection of censors. He had the right to directly impeach officials at all levels, including the prime minister and chief censors, and there was no need to inform the local chief of supervision of local officials.
In addition, a strict audit system was formulated in the Tang Dynasty - checking. The checking system covers all departments and local governments at all levels across the country, with checking every ten, monthly, quarterly, and annually. This played a good role in improving the work efficiency of officials and managing official documents. It is also conducive to timely discovering problems in work and correcting mistakes and omissions at any time. Strictly speaking, the checking system is a part of the supervision system, but it also has a relatively unique work form and is a very effective method to manage lazy officials...
When Zhao Bing thought of the law, he not only had a headache, but his head hurt. Because there was no complete set of codes in the Song Dynasty, and it was extremely chaotic. In addition, all the classics invasion of the Mongols and Yuan Dynasty were completely lost. After all, escaping was the first priority during war, and no one thought about bringing those heavy and useless books. This led to the Xingchao always being in a state of "unable to follow". Everyone acted according to conventions or scattered provisions. After all, no one could remember many provisions.
No one has so much to worry about when he is alive and dies. The dynasty becomes what the superior says or what the subordinate does. Once there is a dispute, there is no evidence to investigate. You said that there is such a provision in the law, but I said that there is no evidence, but there is no evidence to investigate it, and it will become a headless lawsuit. After arriving in Qiongzhou, Zhao Bing also discovered this problem and wanted to re-compile it, but this matter cannot be done in one sentence, but a large-scale project that can only be issued by each department according to changes in the situation.
Therefore, the relatively complete law is now the only military law revised by Zhao Bing, which has made a complete explanation and detailed provisions on various military affairs. However, according to tradition, this cannot be regarded as a law, and it is only a temporary provision. The laws in other aspects are still in a state of doing their own things, which can be said to be very chaotic. However, the laws of the Song Dynasty have always been like this, and everyone seems to be accustomed to it, but he has to ask him to make a judgment when he sues.
Strictly speaking, the Song Dynasty did not have a complete code at all. In the history of Chinese law, the Song Dynasty was a special dynasty because it did not have its own code, and only a "Song Zhengtong" that "plagiarized" the "Tang Law". Since there was a chaotic Five Dynasties and Ten Kingdoms between the Song Dynasty and the Tang Dynasty, the legal names inherited by the Song Dynasty did not follow the Tang Law, but followed the "Song Zhengtong" name of the Later Zhou Dynasty, and the result was a special "Song Zhengtong". The use of the Tang Law was mainly for its symbolic meaning, not for its content.
Therefore, the "Song Zhengtong" became the Basic Code, and general laws usually appear in the form of "compilation of imperial edicts". Compilation of amnesty. The imperial edicts in the Song Dynasty refer to the orders made by the emperor to specific people or things. The effectiveness of imperial edicts is often higher than that of the law and becomes the basis for deciding cases. Compilation of imperial edicts is a legislative process that organizes individual edicts into books and elevates them to general legal form. It can be said that this is an important and frequent legislative activity of this dynasty. Generally speaking, the new emperor ascends to the top or changes his reign will be compiled.
During the Southern Song Dynasty, due to the lack of structure and difficulty in retrieval and use of the method of compiling the legal form according to the content, nature, function of the law during the Chunxi period, it was changed to the classification and arrangement of the law according to the content, nature, function of the law, and arrangement of the matter. This format was named "Article and Rite". Based on the parallelization of the four legal forms of imperial edicts, imperial edicts, standard and format, the format of imperial edicts was compiled in a unified manner according to the classification of "industry". Absolution was a kind of imperial edict, and its status was more important than that of imperial edicts; bans were used to prevent evil and evil; bans were used to prevent evil, and various regulations.
There is also another type called "Compilation", which is also an important legal form and legislative activity. Among them, cases judged by central judicial organs or emperors have been successively used and become a convention. Compilation is to compile original temporary evidence and elevate it to a legal form with universal effect. Due to its image, specificity, convenience and flexibility in use, the phenomenon of "although the law is established, but the law is natural and there is no law, and the matter is muddy and cannot be performed" in practice, and even jumped above the law, causing further chaos in the legal system of the Song Dynasty.
Therefore, the Song Dynasty did not intend to make a copy of the Song Dynasty, and the general laws appeared in the form of a copy of the Song Dynasty. As a modern person, Zhao Bing could not imagine the chaos. As a modern person, he was already the eighteenth place in the Song Dynasty. How many things happened during this period? I don’t know how many edicts were drawn. It was often promulgated according to the times and different things. All of these were implemented as laws, and they were inevitably repeated or contradictory, and even more inappropriate due to changes in the situation. I am afraid that he would fight, so it would be strange if he didn’t mess up.
Originally, Zhao Bing was planning to discuss the country's time to do the imperial edict as a major event. He was "retreated" by the laws that unified the country, so he naturally let go of things. Thinking of the issue of officials today, he felt that it should be implemented as soon as possible. One could use the system to redefine the relationship between the two; the other was that officials did not have to be unable to observe things because they did not know the laws, thereby reducing their dependence on officials; the third was to restrict the behavior of officials and the people through laws and reduce social conflicts.
However, Zhao Bing also understood that it was not easy to make a decision and amend the law. Even in modern times, it took several years from proposing a proposal to implement it, not to mention in ancient times. What bothered him was that revising the law himself did not count. Although it was called "edict", all edicts were issued in the world in the name of the emperor, and the power to revise edicts was actually in the hands of the literati who were well-versed in the law.
Never think that the emperor "exports an imperial edict". What the emperor said is the law, but it is not that true. The court has an agency that is specifically responsible for revising and compiling laws, called "Detailed Imperial Office". The Imperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emperial Emp
Chapter completed!