Back to the Ming Dynasty to be a tyrant
Page 1008
Chapter 759 Mental Retardation and Wisdom
After carefully studying the political systems of the Ming Dynasty and the previous dynasties, Emperor Chongzhen had to express his admiration and then scold him as a hot chicken.
After crossing, many time travelers find various "backward" systems not pleasing to the eye. They either want to play with the separation of powers, or they want to play with the constitutional monarchy. In fact, these people are basically ignorant and mentally retarded.
The separation of powers advocates that the legislative, administrative and judicial powers of the state should be held by different organs, which not only maintain their respective independent powers, but also restrict each other to maintain balance.
But the eagle sauce of later generations has basically proved that the separation of the three powers is nonsense-the interpenetration of the three powers is very common.
The president has the power to veto legislation, and can also exercise legislative power by entrusting the legislative part; the Supreme Court can participate in the policy formulation of administrative agencies through the power of interpretation of the Constitution and the power of unconstitutional review;
At the same time, the separation of powers cannot completely and effectively restrict power, let alone the only way to restrict power. Ying Jiang, a representative of Ziyou Mingzhu, has not solved the problem of lack of effective restrictions on administrative power.
Then those mentally retarded people still want to travel back to ancient times to play separation of powers and constitutional monarchy?
What's even more funny is that these mentally retarded people probably don't know that the separation of powers has been played by the Celestial Dynasty thousands of years ago...
Taking Daming as an example, the legislative power is in the hands of the emperor, the cabinet, and the six ministries, and the emperor will be jointly checked and balanced by the six divisions, the cabinet, and the six ministries.
The Supreme Procuratorate is the Metropolitan Procuratorate, which was changed from Yushitai, and the Supreme Court is Dali Temple.
Then the Ministry of Criminal Justice, the Metropolitan Procuratorate and Dali Temple will jointly handle criminal cases that cannot be handled locally, which is the legendary "three divisions' joint trial".
Is it very tall?Are you good at playing?The ancestors have basically played all kinds of political routines that can be played, and still think about changing them after traveling through the past?
Even if some wise people think that the imperial power in their hands is not pleasing to the eye, and want to put shackles on themselves, there is no problem. The legalists of the ancestors have long said-no distinction between closeness and closeness, no distinction between high and low, and one will be judged by the law.
Just like the case where Zhu Cixiu, the eldest son of the emperor, sneaked to Myanmar, which led to the case where the little eunuch was killed with a cane. It's cool.
As for the way of constitutional monarchy, let alone think about it.
Numerous facts prove that there is no one who does not want to grasp the real power, unless there is no other way, even if the British Empire is so ruined, people still hold a Royal Navy in their hands, otherwise the British royal family can still exist?
I really don't know what those wise people think, but they still want to go back to ancient times to play constitutional monarchy?
It is right to restrict imperial power to a certain extent. In some respects, imperial power is a ferocious beast without any restrictions, which can eat people-but those who are wise enough to think of self-destructing martial arts are completely out of their minds.
This is why Emperor Chongzhen expressed his admiration for the Ming system.
As for the reason for scolding the hot chicken again, it is because the existence of the Supreme Procuratorate and the Supreme Law is basically the opposite officials or nobles, not ordinary people.
The more important reason lies in the rule of man.
Whether it is the Ministry of Criminal Justice, the Metropolitan Procuratorate, or the Dali Temple, these institutions are basically interrelated, and then jointly controlled by the cabinet, and have not really achieved judicial independence.
What Emperor Chongzhen envisioned was to separate the judiciary, fix the local procuratorate and make it a subordinate institution of Dali Temple, and then separate the trial and trial power from the local yamen.
The benefits of the separation are obvious. At the very least, the affairs that the yamen in various places need to deal with will be greatly reduced, and the focus can be shifted to other places instead of trial of various cases.
Another point is related to the imperial power going to the countryside.
If you want imperial power to go to the countryside, and want to make drastic reforms, what is the most important thing?
popular opinion?Don't be ridiculous, people's hearts can be manipulated. After repeated brainwashing, even an emperor like Emperor Chongzhen with bloody hands is still a generation of Ming emperors.
The most important thing is military power!
Having a knife in his hand is the greatest confidence that an emperor can let go of to toss, and everything else is pure bullshit.
But if you want to hold on to the military power, you can't just buy a few generals and rectify a few guards. The emperor himself must be the kind of emperor on horseback, and his prestige in the army is high enough to be possible.
Traveling through more than 20 years, all the goals of Emperor Chongzhen from the very beginning revolved around military power, so Emperor Chongzhen could kill and exterminate the family recklessly without worrying about someone making trouble.
Having been a myth in the army for 20 years, Emperor Chongzhen can now ensure that even if the world is in turmoil, there will be no problems in the army, so he dares to really touch the patriarchal clan rules.
Another reason is people.
What is the first element in wanting to practice judicial independence?There must be enough people who understand the law, at least the people who hear the case must be familiar with the law of Ming Dynasty, right?
The biggest problem in the past was that the Ming Dynasty did not have enough reliable manpower. After 20 years of obtaining scholars in the Ming Dynasty and supporting legalists, the conditions for judicial independence are now ripe.
Those time-travellings who want to play judicial independence, it is easy to touch the upper and lower lips, but what about the manpower?People who understand the law are so easy to find?
Don't mention those officials and masters, they are not in the official establishment at all, they are playing with rules outside the establishment, and most of the time they are still taking advantage of the loopholes in the rules to make money.
In other words, who dares to rest assured that the judiciary is independent if these people are pulled out?Is the emperor dare to rest assured?Or should the ministers rest assured?Or should the common people rest assured?
It is the most correct way to recruit some of them into the elite and throw them into the Metropolitan Procuratorate, and let them inspect and check the files in various places to see if anyone has played tricks on them. The premise is that there is a factory guard supervisor, otherwise, these people No matter how colluded with the local government, it might really cause people's resentment to boil.
The benefits of doing this are obvious, and the problem of imperial power not going to the countryside will no longer be a problem.
When all the people know that there is a problem, they should go to the yamen to complain first, and the patriarchal clan rules and regulations will be slowly forced to be revised to be the same as the Daming law, otherwise it will cause dissatisfaction among the clan, thus solving the problem of imperial power not going to the countryside The problem.
Moreover, for the Legalists, it is not a way to practice their own doctrines through such a road-the method of going through the court is obviously unrealistic, even if Emperor Chongzhen has been constantly pushing the sidelines, the court Confucianism still dominates the mainstream, but the difference is that Confucianism is now more inclined to Gongyang Confucianism.
After pondering for a while, Emperor Chongzhen said: "I still have another plan. Now the Ministry of Punishment, Dali Temple, and the Metropolitan Procuratorate, all over the country are inspecting the censors, and the punishments are assigned to the inspectors. Prevarication, I intend to separate the power of investigation and trial of various civil cases to Dali Temple, what does Lu Aiqing think?"
Lu Xiangsheng felt that sooner or later he would follow in Wen Tiren's footsteps.
Even if this matter is mainly a headache for those from the Ministry of Officials, Dali Temple, and the Metropolitan Procuratorate, I still have to worry about it, and I will die suddenly from exhaustion sooner or later.
Regarding the meaning of Emperor Chongzhen, Lu Xiangsheng already roughly understood, and also knew the benefits of it, but it would probably take another year or two, or even more time, for this kind of thing to come to a conclusion.
First of all, there are civil issues, and the courts, including the local government, don't actually need to think about it.
Except for the officials who are worried about candidates, the remaining Dali Temple and the Metropolitan Procuratorate, including the Ministry of Justice, will applaud with both hands-Jinyiwei and Dongxichang are not involved in personnel matters. What's in charge?
The local inspectors and inspectors will also applaud, because no one thinks that they have more power in their hands.
Even the chief envoy to the lowest county magistrate clapped their hands and applauded-finally, a bunch of headaches were reduced!
The folks are different. Will the sudden change make the folks at a loss?And would those high-ranking patriarchs and elders accept it easily?
The second problem involves another aspect - the problem of manpower.
For example, if the Procuratorate becomes independent and becomes a judicial institution, then who will be in charge of the investigative institution?Or should the original county and government offices be in charge?
All the evidence is provided by the county government office, so how different is it from the previous case that was directly handled by the county government office?
If the police department is equipped with detectives and arresters, how should the expenses be spent?Just thinking about these messy questions will give you a headache!
After hearing Lu Xiangsheng's worries, Emperor Chongzhen laughed and said, "Then the county captains and corresponding superior yamen in various places should also be independent, and placed under the direct jurisdiction of the Ministry of Punishment. In the future, yamen in various places can intervene, but they have no management power."
Isn't that all right?
Which department should belong to which department, who should be in charge or who should be in charge. In the future, the cabinet will be more similar to the State Council, and the Ministry of Punishment will become similar to the Ministry of Security. For institutions such as the provincial government, isn't this perfect?
As for how to split the various departments in the future, and how to toss about it, that's a matter for the future - Lu has to walk step by step, eat every bite, and anyone who wants to eat one bite and become a fat man is basically bullshit.
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