Judge of the Song Dynasty Chapter 736: “Struggle for power”


“Is prosecutor Zhang back?”

Xu Zunzong came out of the back hall and asked the civil servant who just passed by.


The clerk nodded, “I just came back. Do you want to invite Prosecutor Zhang to come 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 planning to go?”

The clerk replied: “It seems that Prosecutor Zhang arranged for them to inspect the prison.”

Xu Zun nodded with a smile, and said with emotion: “Our Procuratorate is really vibrant, much better than other government agencies.”

The eyes were full of longing, and there was an inexplicable happiness in his heart.

The clerk smiled and nodded.

Of course Qi Ji will not lead them there personally, but will let Deputy Inspector Lu Dian lead the team.

“Senior Brother Lu, why did you bring us to the case file room?”

A student named He Zhizhong asked Lu Dian.

This Lu Dian is the last graduate, and he is in the same group as Cai Jing and the others. 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. With his performance, he has now become a deputy inspector.

“What did Prosecutor Zhang just say? It’s still commensurate with the position here. Don’t let Chief Prosecutor Xu mistakenly think that our students from the Imperial College are forming cliques here.”


He Zhizhong quickly bowed his hand.

Lu Dian added: “You should remember that the first step in inspecting the prison is to come to the case file room, retrieve the corresponding case files, take the case files to the prison, and talk to the prisoners one by one, and talk about the prisoners’ conditions in the prison. Whether there was any abuse, whether there were any grievances, and based on the case file, help them recall the case to see if there were any omissions.”

The students looked at each other.

They thought they were just going to have a look.

Another student named Guan Shiren asked: “Does our procuratorate have to conduct inspections every year?”


Lu Dian nodded and said: “There are regular inspections every year, and spot checks are also conducted.”

Guan Shiren asked again: “Why is the procuratorate so cautious about prison terms?”

Lu Dian smiled and said: “What? Do you think our procuratorate’s job is to litigate cases in court?”

“I don’t dare.”

“Actually, it is normal for you to have this idea. In fact, Prosecutor Zhang is so famous that many people think that our Procuratorate only prosecutes, but this is not the case. In court proceedings, in the affairs of our Procuratorate, It’s just a very small part.”

Lu Dian shook his head and continued: “The Procuratorate, as its name suggests, is mainly 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 cannot be perfect.

There have been cases before where a prisoner thought of a certain key piece of evidence in prison and overturned the entire verdict.

Secondly, there is the police station. The system of the Public Security Bureau, the Procuratorate, and the Law is all about checks and balances, and the police station is the most powerful executive office among the Public Security Bureau, the Procuratorate, and the Law. They must supervise the police department at all times. Otherwise, once a bad apple appears in the police station, the harm will be endless. ”

“That’s it.”

Guan Shiren cupped his hands and said, “Thank you, Deputy Inspector, for your advice.”

Another student named Wang Hui said: “But how can we, the trainee prosecutors, be assigned to do such an important thing?”

Lu Dian smiled and said: “If you think that Prosecutor Zhang is deliberately making things difficult for you, then you are right, he is making things difficult for you on purpose.”


The students were stunned.

Lu Dian said: “Dealing with prisoners in prison is not an easy job, so our Procuratorate has a rule that newcomers join our Procuratorate to do this hard and tiring job.”

The students suddenly became depressed.

Even if this is the case, don’t say it out loud, it’s so heartbreaking to kill people!

Lu Dian added: “But you are lucky. Many people will be transferred soon, and they will take you with them to court.”

The students looked happy again.

The glory of the Procuratorate is all in the courtroom. It is reasonable for young people like them to want to be in the limelight.

Lu Dian said: “Work hard and wait until someone from the tax department comes. Then you will have a chance to go to court.”

“Yes, students understand.”

Xu Zun hesitated in the backyard for a moment, and was about to call someone to call Zhang Fei, when he suddenly saw Zhang Fei hurriedly came to the backyard.

“My father-in-law and my son-in-law have met my father-in-law.”

Seeing Xu Zun, Zhang Fei immediately stepped forward. Even when 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: “Instead of hiding from the inspectors, they captured my son-in-law and asked about the rumors in the court.”

Xu Zun nodded in understanding, and then said: “Then do you have any news?”

Oh my God! There is another big gossip here! Zhang Fei was about to cry but said without tears: “I have already told my father-in-law what I know. Anyway, the public security organs will be completely independent. Other than that, I don’t know anything else.”

Xu Zun nodded slightly, “It seems that this time, the official plans to personally host it!”

Zhang Fei asked: “Why did my father-in-law say that?”

Xu Zun looked around, and then whispered: “At present, no one in the government seems to know how it will be changed, and the officials have not handed over the matter to anyone for the time being.”

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. We, the Public Security Bureau, should not make any changes.”

Xu Zun shook his head and said: “I’m not sure! As for the police station, it depends on whether there will be another chief superintendent, and for our procuratorate, it depends on whether my position will be transferred.”

Zhang Fei said: “Probably not. If my father-in-law’s position is to be transferred, the official will definitely tell me.”

Xu Zun is still in the Procuratorate, just to pave the way for Zhang Fei. If Zhao Xu had any arrangements in this regard, he would definitely discuss it with Zhang Fei first.

“Then it depends on the chief judge.”

Xu Zundao: “I just don’t know now whether it is one chief judge or several chief judges. According to the news, the Criminal Court and Dali Temple will be changed into imperial courts. And the judicial reform will be merged into the Ministry of Punishment .”

Zhang Fei nodded and said: “Actually, this arrangement is more reasonable. This reform is administrative and should not be counted as judicial.”

Xu Zundao: “But in the past, the Ministry of Punishment had judicial power. With this arrangement, it means that the Ministry of Punishment no longer has judicial power?”

Zhang Fei said: “I guess so.”

Xu Zunque said: “Is this possible?”

It has always been the same family of politics and law. This highest administrative body must control the highest judicial body. If it is completely ignored, he would not know how to operate it.

At this moment, a civil servant came forward and said, “Prosecutor Xu, Prosecutor Zhang, Mr. Sima said he wanted to find Prosecutor Zhang.”

Xu Zundao: “I must have come here for this matter.”

Zhang Fei nodded.

Xu Zundao: “Go quickly.”

“Yes, I will resign.”

Zhang Fei first went to the front yard and invited Sima Guang to his lounge.

“You must have heard all the rumors about the DPRK and China, 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 and said, “Sister Sima, please have some tea.”

Sima Guang nodded and said, “Then what do you think?”

Zhang Fei smiled and said: “I think it’s no different than now.”

Sima Guang asked curiously: “How do you say this?”

Zhang Fei said: “Since the establishment of the Chief Justice, has the Criminal Tribunal heard any cases? Academician Sima has never intervened in the trial of the imperial court. It’s just that before, it relied entirely on Academician Sima’s personal moral quality. Now it only involves Sima. The moral quality of bachelors has been transformed into a system, and this is exactly what the judiciary pursues.

Of course, after many years of training by Bachelor Sima, people from the public security bureau, procuratorate, and law should not feel much difference. ”

Sima Guang pointed at Zhang Fei and smiled, “What a mouth you have!”

After a pause, he added: “I really don’t care whether I stay in the Court of Punishment or the Ministry of Punishment, but what worries me is that without the Court of Punishment and the Dali Temple above, How to make the public security organs operate on their own.”

The heads of the Public Security Bureau and the Procuratorate have always been the Criminal Court and Dali Temple. However, these two official offices are not purely judicial departments, but an integrated department of administration and justice, making them easier to manage.

Now that these two departments are to be withdrawn, how can the Public Security Bureau and the Procuratorate manage themselves? This is a problem.

This is why Sima Guang came to Zhang Fei.

He must deal with this problem before leaving.

Zhang Fei thought for a while, “As for the police station, it must be the officials who have the final say. It is the Royal Police after all. The Procuratorate must be independent. This is the best way now. There is no need for any changes. After all, the Procuratorate only has the Procuratorate. , the right to litigate, but not the right to make judgments, the main thing is the imperial court.”

Sima Guang nodded and said: “How to build the imperial court is also my biggest headache.”

Zhang Fei asked cautiously: “I wonder what Bachelor Sima thinks?”

Sima Guang said: “First of all, there cannot be only one chief judge.”

Fuck! You better not be targeting me. Zhang Fei secretly said that the emperor had already promised that he would be the president of the court. Asked: “Why is this?”

Sima Guangdao: “Although the public prosecutor and the law supervise each other, judging from your case in Hezhong Prefecture, the chief judge can influence the judgment in some complex cases. After all, the law has not been perfected yet, and the chief judge can You can use Song Xingtong to judge.”

Zhang Fei nodded.

Sima Guang continued: “According to the previous system, one person has never had the final say. Dali Temple, the Ministry of Punishment, the Yushitai, and the Criminal Trial Court all have to review one by one. If a chief judge is allowed to Having the final say, the advantages of the public prosecutors and the judiciary will be gone!”

Zhang Fei nodded again, “Senior Sima is absolutely right.”

Prevent things and control them. This ancestral law has been deeply rooted in the bones. The ministers of the Song Dynasty will pay attention to the 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: “Actually, the previous system of the Sentencing Court and Dali Temple also had inconveniences. That is, the status of these official offices was almost the same. Although the Sentencing Court had the greatest authority, if the Imperial Court Shi Tai disagrees. A case may be entangled for a long time, and the human factor is often greater than the case itself.”

Sima Guang nodded, “So the public security organs and the procuratorate must avoid this drawback.”


Zhang Fei said: “I still recommend determining the level first, and litigating one level at a time, with the final decision being made by the Supreme Court.”

At this point, he paused for a moment and then said: “Sima Xueshi believes that it is extremely inappropriate to have a chief court president. I also agree. It is better to have a chief court president to preside over the Supreme Court. Routine official duties, but generally not hearing cases.

Then at the next level, five judges are established, responsible for criminal, civil, national security, military and etiquette. ”

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 about the morality of the whole people.”

Sima Guang nodded and said: “That’s okay.”

Zhang Fei added: “But one thing is that this is not a moral court, but the case itself involves very serious criminal crimes or civil crimes, but at the same time, it has a very bad impact on morality. To put it simply, It is said that illegality is at the forefront, and the public security organs, prosecutors and law have no right to deal with some moral issues that are not illegal.”

Sima Guang also agreed, “Of course. It is difficult for upright officials to deal with family affairs, and the imperial court may not be able to judge accurately some minor moral issues.”

After all, Confucianism is deeply rooted and it is unrealistic to completely replace Confucianism with law. It is still necessary to set up a royal court specifically for Confucianism to handle cases where morality and law are entangled.

Zhang Fei added: “If the lawsuit is to go to the Supreme Court, the officials can select two from the five chief judges to hear the case together with the chief judge. If the three chief judges each have their own opinions, they can still We can resolve it by voting and we won’t get into an entangled situation.”

Sima Guang asked: “Why do officials appoint the president of the court?”

Zhang Fei said: “It’s very simple, because if a lawsuit goes to the Supreme Court, it must involve an official or the royal family, and the official must personally arrange it. What if the official doesn’t agree? ”

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 during this rotation?”


Zhang Fei was stunned for a moment, then hehey: “If I want to be promoted, can I be promoted?”

Sima Guang chuckled: “You came back from Hezhong Mansion and made great achievements, but you entered the Procuratorate as a prosecutor. This is not appropriate. It is only for the purpose of building the public prosecutor’s law, let alone the few cases you tried this year. It’s a big case, if you get promoted, even if some people don’t want to, they can only feel depressed in their hearts.”

Zhang Fei thought for a while, “Let’s forget it this year. The Procuratorate still has a group of new people to bring. Although there are new people in the Imperial Court, after all, the Imperial Court is more adaptable.”

Judgement duties have existed since ancient times, but there are some differences in procedures. For example, when Qi Hui and others became the president of the court, they were able to adapt quickly. The Procuratorate is a brand new department. No matter how experienced officials join the Procuratorate, they are a little at a loss. .

This is why the Beijing Procuratorate was unknown in the first few years.

Sima Guang chuckled and said: “I thought so too, I was just afraid that you would complain. Now that you think so too, I’m relieved.”

Wang Anshi really didn’t have time to go find Zhang Fei and talk about the Super Business Agency and the cooperation between Changping Division and Jiekupu.

This is all specially approved by the Ordinance Department of the Second Government, and it will definitely have an impact.

He is now in charge of establishing the Ordinance Department of the Second Government, crazily issuing decrees without any preparation in advance. Now that he wants to revoke them, he quickly approves all the decrees that should be approved.

Deng Wan came to the Ordinance Department of the Second Government and saw the pile of documents in front of Wang Anshi, and couldn’t help but said: “My lord, the New Deal has not been completed yet, why are the officials in such a hurry to cancel it?”

It must be said that this had a huge impact on the morale of the reformists.

Suddenly, the headquarters called.

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 trial court, then this arrangement is reasonable and reasonable!”

At first, after talking to Zhao Xu, he felt very lonely. Now that the situation has changed and Sima Guang will also lose control of the public prosecutor, he feels much more balanced.

As the old saying goes, don’t worry about scarcity, but worry about inequality!

Deng Wan said: “But it is said that Sima Xianggong will continue to preside over judicial reform in the Ministry of Punishment, but we have to abolish the Ordinance Department of the Second Government. We will still suffer heavy losses.”

Wang Anshi glanced at him and said: “If it weren’t for the blessing of the Public Security Bureau, the Ordinance Department of the Second Government would not have existed for so long, and it would not have lasted more than three years at most.

Now that the major new policy regulations have been promulgated, and the officials who should be appointed have also been appointed, logically speaking, they should be revoked. In exchange for this, the other party has a trial court, so we are not at a loss! ”

Zhao Xu said it at the right time. Although he was MMP in his heart, he agreed without hesitation. With his character, if it was really wrong, he would definitely say it right unless he felt that he was in the wrong.

The reason is that he is actually very satisfied with the establishment of the Ordinance Department of the Second Government. After all, this power is too great. It can not only formulate and promulgate policies, but also appoint major officials. It is equivalent to gathering the Privy Council and the Political Affairs Hall. It is impossible to have the power of three departments and three departments in one body, and you can get it with your toes. In fact, the history of establishing the three departments of regulations only existed for more than a year.

Of course, that is also because Wang Anshi drove all the conservative backbone out of the capital within a year and returned to the political hall to preside over it, still holding great power.

Nowadays, the imperial court has always been in a balance of power, and Wang Anshi has always been controlled by the public prosecutor and the law. The emperor felt a little relieved and never withdrew.

But every year there are demands to abolish the Ordinance Department of the Second Government.

Since the establishment of the Ordinance Department of the Second Government, cobwebs have grown in the political hall, and the sense of existence is extremely low. If this continues, it may be replaced.

Now the emperor also cuts off a section of each, so that the balance of power continues to be maintained. The part cut off is the part that the emperor wants to receive.

Of course Wang Anshi had nothing to say.

Deng Wan asked: “What should we do next?”

Everyone is used to the establishment of the Ordinance Department of the Second Government. Without it, everyone will not know how to do it.

Wang Anshi pondered for a while and said: “At present, it is impossible for the officials to immediately return to the three-province and six-department system. It must be done step by step. As far as I know, the judicial reform will be placed in the Ministry of Punishment, but not in Taipei. Fu Temple and Sinong Temple will be put into the Ministry of Household Affairs. According to the trend, the officials 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 they will definitely continue to reform through the Six Ministries in the future. .”

Deng Wan said: “In other words, each is divided into three parts?”

Wang Anshi nodded and said: “Probably yes. We are bound to win the Ministry of Household Affairs and the Ministry of Industry.”

Deng Wan said hurriedly: “Mr. Sir, the Ministry of Industry is only second, the Ministry of Personnel is the must-win.”

Wang Anshi chuckled: “I would like to, but do you think it is possible? If the Ministry of Revenue and the Ministry of Personnel are both in our hands, can the other party agree?”

I want it all, how can there be such a good thing.

“That’s true.”

Deng Wan nodded and said: “But Wang Xianggong, since Sima Xianggong is no longer in charge of the public prosecutor’s office, we can also fight for it. Now the public prosecutor, prosecutor and law are all Sima Guang’s people, and we are inside , it’s just Zhang San, it’s not easy to control.”

Wang Anshi asked: “Currently there are not many people who are familiar with the public security organs, so it is unlikely that they will be rotated.”

Deng Wan said: “But it is said that the Criminal Court and Dali Temple will be converted into imperial courts, and there may be more than one chief judge.”

“This is possible.” Wang Anshi nodded, “If this is the case, we currently have only one candidate.”

Deng Wan said: “Master Zeng.”

Wang Anshi nodded.

Political Hall.

Fu Bi, Wen Yanbo, and Lu Gongzhu were sitting inside, checking official documents and chatting.


Lü Gong put down the official document in his hand and sighed, “It makes me so confused when I go back and forth.”

Wen Yanbo and Fu Bi looked at each other in tacit understanding, smiled and shook their heads.

Now that things have happened, they all know in their hearts that the emperor wants to rule in person, so no one knows what is going on.

Wen Yanbo said: “But depending on the situation, the officials 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 has implanted the power of reform into the six ministries. How can they not **** it? In order to deepen reforms in the future, all six departments must be passed.

This method is unacceptable.

Lv Gongzhu asked again: “I wonder how the six ministries will arrange it?”

Wen Yanbo said: “The Hubu 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 win over the Libu.”

As he said that, he looked at Lu Gongzhu and said, “Uncle Hui, you are the most suitable candidate.”

If you want to win, you must recommend a candidate who can convince the public.

Lü Gongzhu hurriedly said: “Let’s talk about this later, I don’t know anything now.”

Wen Yanbo stroked his beard and smiled.

Lv Gongzhu asked again: “What will be the arrangements for the political affairs hall?”

Wen Yanbo said: “Three years ago, Wang Jiefu was about to be promoted to Pingzhangshi, but he refused and recommended Zeng Gongliang. This time, Wang Jiefu must be the Pingzhangshi, and the other one must be Jun Shi.”

Lv Gongzhu said: “But I heard from Jun Shi that he will definitely not take up any ordinary affairs.”

Wen Yanbo was surprised: “Why?”

Lv Gong wrote: “Because he thinks that since he has no achievements and is not competent enough, he just wants to stay in the Ministry of Punishment and continue to complete the judicial reform.”

Fu Bi exclaimed: “This is exactly like Jun Shi’s style!”

Wang Anshi often ridiculed Sima Guang for being indecisive. In fact, Sima Guang himself admitted it. When the emperor first approached him and asked about the reform plan, he proposed a complete plan, but refused to take on this important task. This shows that he always believed that he was not qualified to be prime minister. Not courageous enough.

The reason is that he uses history as a mirror every day, so when he formulates his own policies, he himself can see the disadvantages and fall into an endless cycle.

The reason why his judicial reform is relatively smooth is because this thing is new and cannot be based on history.

As a result, in many cases, he was only a hindsight and then went to get angry with Zhang Fei.

At this moment, Sima Guang had no time to worry about the three provinces and six departments. In fact, he was opposed to it, but one look at Zhao Xu’s actions showed that it was useless to object. The key point was that he could not come up with a very strong reason. To oppose it, he devoted himself to planning to establish a completely independent public security organ.

Take care of your own affairs first.

Royal Palace.

“Zhang San, has Bachelor Sima seen you recently?”

Zhao Xu asked.

Zhang Fei nodded and said: “Someone asked me how to change the Criminal Court and Dali Temple into imperial courts?”

Zhao Xu asked: “Then what did you say?”

Zhang Fei said: “Because at that time, Bachelor Sima believed that a chief judge would definitely not work, so I said that there would be a permanent chief judge to preside over daily affairs, and five more chief judges below. But if the case goes to the Supreme People’s Court, then the chief judge will be appointed. Your Majesty will appoint two from the five chief judges to handle the case together with the chief judge.”

Zhao Xu frowned and said, “Seriously?”

Zhang Fei nodded and said: “That’s right! If it goes to the Supreme Court, it must have something to do with His Majesty. Of course, His Majesty must personally appoint the president of the court to try it.”

“I knew it.” Zhao Xu suddenly smiled and shook his head, “This Sima Junshi is really cunning!”

Zhang Fei asked: “Why did your Majesty say this?”

Zhao Xu said: “Do you know how he told me?”

Zhang Fei shook his head.

Zhao Xu said: “He means that there will be a permanent chief judge to preside over daily affairs, including contact with the Legislative Council. This is appointed by me. But if the lawsuit reaches the Supreme Court, one from each of the two governments will be appointed to work with the chief judge. trial.”


Zhang Fei opened his eyes and cursed secretly, you old man Sima, you are trying to kill me!


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