Since Li Qi proposed this concept, this word has been around in court almost every day.
In fact, this kind of institutional reform is very difficult, because most ministers are reluctant to try to change it, because the institutional reform must be closely related to their rights and interests, and the emergence of the Legislative Yuan has undoubtedly further improved
The status of the common people has weakened their power, and there must be some objections.
This would have been almost impossible before Zhao Kai, but Zhao Kai had an advantage. After he came to the throne, he could be said to have eliminated all the old forces, and the imperial power was unprecedentedly concentrated. The minister who held the power in the court was Li
Qi, Zheng Yi, and Qin Hui, and among these three, Li Qi is the most powerful, and Zheng Yi also agrees, so even though Qin Hui is the prime minister, he can only obey.
Moreover, the law is a very sensitive topic for officials. If anyone stands up to oppose it, in a certain sense, they are unwilling to submit to the law. This is not something easy to object to.
Zhao Kai also understands where his advantage lies, that is, now, if it is delayed further, it will become more and more difficult to get things done, because the power of the ministers in the DPRK has not yet been condensed, and he still has the final say in everything.
It will be even more difficult to wait until the next generation, so this matter must be resolved as soon as possible and should not be delayed.
And Zhao Kai was a very courageous, determined and ambitious emperor. Not only did he want to surpass his ancestors, he also wanted to lead the Song Dynasty to a position that no one could touch. This Legislative Yuan does have its advantages and can give people
The Song Dynasty brought unlimited room for improvement, and this alone made Zhao Kai very tempted.
So after repeated consideration, Zhao Kai finally made the decision to establish the Legislative Yuan.
The Legislative Yuan will register the case today.
The establishment of the Legislative Yuan indicates that the Ministry of Punishment will be separated from the six ministries, because the Legislative Yuan and the Ministry of Punishment have an inseparable relationship. If the Ministry of Punishment is still under the control of the three provinces, then the Legislative Yuan will be restrained by the three provinces, which will undoubtedly increase the power of the three provinces.
In this way, it is very likely that the law will pose a threat to the imperial power. No matter what Zhao Kai thinks, he will never let others control the Legislative Yuan. Even if he wants to delegate power, it should be decided by him, and Zhao Kaizhi
Therefore, one of the reasons for agreeing to establish the Legislative Yuan was to use the Legislative Yuan to centralize power and contain those high-ranking ministers. Therefore, the Ministry of Punishment must be separated and directly controlled by the emperor.
Qin Hui had already thought of this, and he had no way to stop it, so he had no choice but to accept this fact.
Therefore, with the establishment of the Legislative Yuan, the Ministry of Criminal Affairs was also separated and renamed the Judicial Yuan. Together with the Legislative Yuan, it was called the Second Yuan, and it was on the same level as the Second Government and the Third Division.
Although this is just the establishment and reform of one department, it has formed a completely new structure, because this indicates that the Song Dynasty has already embarked on the road of ruling the country by law.
Different from the legislative bodies of later generations, the Legislative Yuan of the Song Dynasty only had the power of legislation and did not contain other powers. Moreover, Zhao Kai did not give up the imperial power. The Legislative Yuan still subordinated to the imperial power, but Zhao Kai still gave the Legislative Yuan sufficient power.
The Legislative Yuan has the power to directly legislate on civil litigation and can make full decisions without the emperor's nod. However, regarding military and political laws and some major laws, the emperor's nod is still required.
Regarding the internal structure of the Legislative Yuan, what has been decided so far is the president of the Legislative Yuan, the left and right vice-presidents, who help the president handle government affairs, and then there are the four political advisors, referred to as political advisors, who represent scholars, farmers, industry and commerce respectively.
It can also be said to be the four protectors.
Because the four of them represent the four major camps, on the other hand, they also greatly weaken the power of the dean.
One hundred legislative officers were established below. These one hundred legislative officers were selected from the four strata of scholars, farmers, industry and commerce, with twenty-five people from each stratum. However, they are not officials, but officials. They do not enjoy most of the benefits of officials.
, even though their salary is only at the bottom, their status has been greatly improved, and they can enter the official career directly from the Legislative Yuan, which undoubtedly adds another way to enter the official career.
However, these one hundred legislative ministers will be rotated every two years. This is actually a way for the emperor to centralize power. Of course, this rotation is also very necessary. The key to legislation in the Legislative Yuan is to start from the people. If they are not changed, the power will be lost.
Once formed, it will definitely become a battleground for politicians.
The President of the Legislative Yuan, Zhao Kai, did not want to choose from the ministers of the DPRK, but from the local level. As Qin Hui expected, Li Qi had already planned this candidate. It was Mao Shu, the prefect of Tanzhou. Li Qi was a famous candidate.
Unmentioned, Zhao Kaidu very consciously appointed Mao Shu as the first President of the Legislative Yuan.
In addition, after the Ministry of Criminal Justice was renamed as the Judicial Yuan, major internal changes also occurred, and subtle changes in power also occurred. The emergence of the Judicial Yuan undoubtedly made the power in its hands more prominent.
The most significant of these are the power of review and trial.
Logically speaking, the two positions of Kaifeng Prefecture Yin and Xingbu Shangshu are that Kaifeng Fuyin is equivalent to the mayor level and manages the government affairs of Kaifeng Prefecture. However, he also has the power of review and trial, and Xingbu Shangshu is equivalent to the Supreme Public Security Bureau.
The director general and the president of the Supreme Court also have these two powers, so they overlap.
Due to the emergence of the Legislative Yuan and the Judicial Yuan, Zhao Kai decided to exempt the Kaifeng Prefecture from the judicial and review powers and transfer the review power to the Judicial Yuan. Then all the judicial power would be given to Dali Temple. The Dali Temple was also affected by the differences between the two houses.
The existence has become an extremely special department, and its existence is to connect the two houses together.
Because the two chambers do not interfere with each other, but one for law enforcement and one for legislation cannot be completely disconnected, so you have to add something to connect the two chambers together.
After a series of discussions, it was finally decided to let Dali Temple play this role.
After the Legislative Yuan enacted legislation, it was handed over to the Dali Temple for entry into the case. After the Judicial Yuan reviewed the case, it also handed the case over to the Dali Temple. The Dali Temple took the laws of the Legislative Yuan and based on the information provided by the Judicial Yuan to make judgments on the prisoners.
To put it simply, this is a love triangle.
Dali Temple is equivalent to the Supreme Court. Although it is not under the control of any department, it is restrained by the Judicial Yuan and the Legislative Yuan. It does not have much power. It is just an institution. The real power is still in the hands of the two chambers.
From now on, there will never be another Bao Zheng in Kaifeng Prefecture, because Kaifeng Prefecture has lost the power of review and trial. His existence is to be responsible for the government affairs of Kaifeng Prefecture, but this does not affect the way for Kaifeng Prefecture Yin to be promoted to prime minister.
Many prime ministers in the Song Dynasty directly promoted Kaifeng Prefecture Yin, and the same was true for Qin Hui.
As a supervisory agency, the Yushitai's power has also undergone subtle changes due to the emergence of the Second Court. It does not have the power to make judgments, but it still retains the power to review. It can refer cases to the Judicial Yuan, or
He has the right to directly appeal to Dali Temple. Generally, for some major internal affairs cases, he can even skip the Judicial Yuan and appeal directly to Dali Temple.
Of course, in some individual cases, the Yushitai could skip Dali Temple and directly appeal to the emperor. This is another major evidence that imperial power is above the law.
But compared with the past, there is still a big difference. In the past, the emperor could directly hear the case and make a judgment directly, but now it cannot be done. Unless the emperor wants to hide the case, for example, if some military generals have abnormal behavior, the emperor may be afraid of alerting the snake. In order to
Considering the overall situation, it must be concealed first. This situation is exceptional. However, if it really comes to the stage of judgment, the emperor must still return the case to Dali Temple for trial, and the emperor also loses part of his judgment power.
This is also because Zhao Kai wants to set an example for the ministers. He cannot completely damage the rights and interests of the ministers to consolidate his imperial power. The minister will not be convinced. As an emperor, sometimes he must make certain concessions and set an example.
This does not mean that the emperor can do whatever he wants. In fact, the real power is still in the hands of the emperor.
This is a change in central institutions, and it must also be changed at the local level. The Criminal Division is officially under the jurisdiction of the Judicial Yuan and has absolute review power. Each state must establish a Criminal Division, a Legal Temple and a Legislative Yuan.
Like Kaifeng Prefecture, the prefecture no longer has the power of review and trial. This part of the power will be divided between the Criminal Division and the Legal Temple.
However, since this is just the beginning and it is impossible to popularize it nationwide, Zhao Kai has decided not to set up a Legal Temple and a Legislative Yuan in the county for now. However, the people have the right to appeal in the second step. If they receive an unfair judgment in the county, they can go through the Legal Theory
The temple makes a second appeal to the state government. If the case is serious, the Dali Temple, the Criminal Division, and the Legislative Yuan can decide through discussion whether to submit it to the Dali Temple for a third trial. However, in this third appeal, it is not the people who can make the decision.
Yes, it must be approved by the Legislative Yuan and the Legal Temple.
After the case was filed, the reorganization started immediately. Zhao Kai has always been vigorous and resolute in his work, never dragging his feet.
The first law passed by the Legislative Yuan is that the benefit of the doubt is given to the defendant.
As soon as this law came out, the Song Dynasty Times Magazine gave a special report, and it was a full page. They couldn't help but analyze this law, and also deeply analyzed the Legislative Yuan based on this law, so that the people could understand this new judicial system.
Have a more intuitive understanding.
Although the Judicial Yuan and the Legislative Yuan are still in the preparatory stage, they have already received this case, which is naturally Wang Zhongling's case.
This case was an exception. It had to go through the hands of the emperor, because it related to the emperor. The emperor decided that it could be judged, so he moved it to Dali Temple for judgment. However, in order to take his reputation into consideration, Zhao Kai placed the case on the high list.
Confidential, the Judicial Yuan will directly negotiate with Dali Temple through the President of the Judiciary, Li Gang, and make a secret judgment. This is an internal trial and cannot be made public.
Since the law of giving benefit of doubt to the defendant has been passed by the Legislative Yuan, Wang Zhongling will definitely enjoy this treatment. He is the first to try it, because without evidence, you cannot say that Wang Zhongling engaged in malpractice for personal gain and formed a clique for personal gain.
He can only be found guilty of neglecting his duties and leaking the test questions. There is an essential difference between this, just like intentional murder and manslaughter, which cannot be confused.
After three days of trial, it was finally decided that Wang Zhongling should be dismissed from office and fined one hundred guan. However, because of the emperor's reputation, Dali Temple ordered Wang Zhongling to write a letter requesting to be appointed.