After Zhao took office, he always wanted to establish a system of governing the country according to law, so he naturally studied the props for "outside law" to "respond to death". In fact, the so-called "gold medal for exemption from death" was just a trick used by Emperor Taizu Zhao Kuangyin to appease local warlords at the beginning of the founding of the Song Dynasty. He once gave Li Chongjin, Miao Fu, Liu Zhengyan and other generals a elixir, but the elixir was given unscrupulously. He followed Li Chongjin, Miao Fu, and Liu Zhengyan's rebellion and failed, and the iron certificate was also destroyed, and the iron certificate was destroyed. Therefore, in the judicial process of the Song Dynasty, it was impossible to have a dramatic scene of the elixir against Shangfang's sword.

It can be seen that even those who received the iron orchids can not escape to death. It was Zhao Kuangyin's personal behavior, and then the good thing of giving iron orchids vouchers occurred. As far as Zhao knew, the Song people's legal concept was to reject the gold medal of avoiding death. They said: "The law is the emperor who shares the world... Therefore, the king does not distinguish between relatives and alienation, nor is it different from the noble and humble, but is consistent with the law."

During the reign of Emperor Taizong, Zhao Yuanxi, the King of Xu, who was the prefect of Kaifeng, was impeached by the Censor Zhongcheng for making a mistake. Yuanxi was unfair and complained to Emperor Taizong: "My son of the emperor was punished for his crimes because he was punished by the Chief of Zhongcheng, and he was willing to forgive him." Emperor Taizong said: "Who dares to violate this court ritual system? If I have any mistakes, my subordinates will still punish him. If you are the prefect of Kaifeng, you will not follow the law?" Finally, Zhao Yuanxi, who was the prince, "discussed the punishment as the style."

Emperor Taizong of Song also wanted to protect his confidants who had violated the law. Chen Yong, the envoy of the Chenzhou Tuanlian, was proud of being favored by Emperor Taizong, killed people and abused the law. He was impeached by the court officials and should have been sentenced to death, but Emperor Taizong intended to protect him and said, "How could there be a lord of the ten thousand chariots that cannot hide one person?" Prime Minister Zhao Pu protested: "This giant worm committed more than ten death crimes. If Your Majesty does not punish him, it will disrupt the law of the world. It's a pity, so why should this be a secret son be a pity?" In the end, Taizong had to agree to sentence Chen to death. Think about it, the emperor himself could not protect his confidants who had committed the crime, let alone the gold medal for avoiding death?

From this we can see that the judiciary of the Song people did not rely on the power props that represent privileges, but emphasized the three-foot method. At least in theory, the judges of the Song Dynasty only needed to punish the powerful and powerful who committed the death penalty, and did not have to look at whether there was a Shangfang sword in their hands.

For example, in the Chaozhou drama "Bao Gong Zhizhuo Lu Zhailang", the Sichuan drama "Breaking Iron Scroll" tells the story of the aristocratic prince Lu Zhailang, who relies on his ancestral alchemy iron certificate to protect his body, and he does everything evil and is lawless. In order to eradicate it, Bao Gong had to use extraordinary means of concealing the world and write "Lu Zhailang" as "Yu Qizhi" in the criminal report document, tricking the emperor into approving the death penalty, criticizing the document, and then changing it to "Lu Zhailang", which led to the case of taking this bully to the execution ground.

Therefore, Bao Zheng is a "two fools" in this case. His hard work for a long time is completely a supplementary thing, and there is no need at all. In fact, it is like the two parties in the lawsuit were taken to court during the trial of Bao, kneeling down and kowtowing, and then the whole process was kneeling and "Why don't you kneel!" The drama of "That guy, why don't you kneel!" will not appear in reality.

According to modern people's research, Zhao Zhi believes that in ancient judicial practice, whether it is a criminal case or a civil lawsuit... both lawsuits, including other witnesses who are involved in the trial, not only must they kneel down and kowtow, but also be frightened by the "killer's threat". The setting of this system is to "make the person involved in the lawsuit feel inferior psychologically.

After the Song Dynasty, the kneeling ceremony contained the meaning of humiliation and humiliation. In fact, Zhao had been the emperor for so many years, and his ministers bowed and bowed in court every day, and there was no need to perform the great ceremony of bowing three times and nine times. However, they could not sit and could only stand and listen to their own words. The litigation process was a bit like in modern justice. Before the verdict was pronounced, they could only be treated as suspects. There would be no "kneeling lawsuits" and of course they would not be like the ones given to them in modern justice.

Of course, these are not nonsense, but are clearly stipulated. According to the "Outline of Prefectures and County" of the Official Proverbs, the standardized procedures for prosecution of prefectures and counties stipulated in the "Outline of Prefectures and County" are: "On the day of acceptance of the lawsuit, the (litigator) was introduced from the west corridor to the court, and ordered Xiaoli to assign three or four people in sequence to arrange the lawsuits, and the officials followed the lawsuits and ordered them to pass the East corridor, and called them names, and came out in the hall." It can be seen that there was no need to kneel down in the Song Dynasty to submit complaints in court.

When Zhu Xi was a local official, he even formulated a "binding list" to further regulate the litigation procedures. One of them said: The state yamen has two wooden signs, one on the one is a litigation card and the other is a Qu card. In any civil lawsuits that are not urgent, the plaintiff can file a lawsuit under the litigation card, and the court will choose a date for court to hold a lawsuit; if it is a tense matter, it is necessary to file a lawsuit under the "Q card": "A person who says that there is a real burden on the emergency will stand under the card, and the envoy of the supervisor immediately takes it forward, and wait for implementation." The word "Li" also shows that people do not need to kneel down when they go to the yamen to file a lawsuit.

When the trial was entered, according to the requirements of the "Outline of Prefectures and County", when the trial was held, the legal officials "must first introduce the two competing people (two litigation cases) and stand under the court. The officials set up the case at a few days, regain their hands to retreat, and stand far away from the side. I (the judge) only if I have any doubts about the case, I will ask the two competing people and wait until it is over, and then I will be sentenced to the official to read the instructions." When Zhu Xi's disciple Huang Zhen was appointed as a local official, he also issued a "responsibility constraint", which stipulates that the court "listened to the lawsuits that have been accepted at the fifth day, and first set up a name in front of the hall to call the west, and if he hears the lawsuit, he will go to the east." In other words, the court in the Song Dynasty did not require the litigant to kneel down in the court.

However, the system of kneeling for lawsuits is indeed the prescribed actions of the litigants of the Mongolian Yuan, separated by a river. They all kneeled and listened to lawsuits. Therefore, Zhao thought that the Ming and Qing dynasties in later generations inherited the system of the Mongolian Yuan, and only scholars and gentry who achieved fame and fortune would obtain the privilege of "no kneeling when they see officials". The screenwriters of "Bao Gong Opera" obviously forced the trial system of the Yuan, Ming and Qing dynasties to the Song people.

In addition, when we read the novel "Bao Gong Opera" or "Bao Gong Case", we will find a detail: when people go to Kaifeng Prefecture to sue, whether it is a big case or a criminal case, it is tried by Lao Bao alone, as if in such a large Kaifeng Prefecture, there is only Bao Qingtian and a judge. In addition, the criminal police captain of the Yumao Zhan Zhao led the yamen runners, Ma Han, Zhang Long, Zhao Hu, and at most, there was Gongsun Ce behind the scenes to praise him, and others had fewer chances to make soy sauce.

But in fact, during the Song Dynasty, Kaifeng Prefecture had a huge judicial organization, including judges, prosecutors, officers, left and right military patrols, military patrol judges, and left and right official officials, all had judicial functions. Their main power was to hear criminal cases and civil litigation. When the people went to Kaifeng Prefecture to file complaints, they were usually accepted by the left and right military patrol courts, and the Kaifeng Prefecture was just to command the official affairs of the government. If Bao Gong had to personally try every case, Lao Bao would have devoted himself to it.

In fact, when Zhao Gang came to this world, he thought this was the case. In fact, he did this when he was in charge of Qiongzhou. A landlord official took over almost all litigation. Because of the lack of available people under his own hands, he still didn't understand it. As the political situation stabilized and the relocation of Qiong in the court, he discovered that the Song Dynasty had a professional judicial structure and had established a professional and full-time judicial officer team to handle judicial affairs.

Prefectures and counties generally have three courts: the prefecture, the prefecture and the prefecture. In some large prefectures, the prefectures have divided the left and right courts, that is, there are five courts. Of course, some small prefectures merge the prefecture and the prefecture and the prefecture, and only one court is established. Each court has several judges, called the prefecture and the prefecture, the prefecture and the prefecture, and the judicial officer. The prosecutors and judges in charge of the local prefecture are also the judicial officers. They are all full-time judges. Apart from judicial trials, they do not accept other dispatches. Even if they are sent from the court, they can be refused.

In addition, with the improvement and establishment of institutions at all levels, Zhao also discovered an interesting thing. The judicial examinations that appeared in modern times actually appeared in the Song Dynasty. That is to say, the judicial officers of the Song Dynasty must pass the judicial examination before they are appointed, but they are called the "test judge". The examinations are presided over by the Dali Temple and the Ministry of Justice. The two departments supervise each other to prevent cheating and are supervised by the Censorate.

The judges hold six tests each year, including five test cases and one test. The case judgment must state a convincing legal basis. When the legal provisions are cited, if there is any doubt in the case, they must also be marked on the test paper. The examiner scores each test. The test scores must pass and the standards are very high, and it is definitely not enough. If there is no error in the judgment of the felony case, they will be considered qualified.

Unfortunately, the highly developed judicial system pioneered by the Song people and the historical direction of judicial professionalism were not inherited by the later dynasties. The judicial system of the Yuan, Ming and Qing dynasties returned to a very simple and rough state. The judicial system of prefectures and counties was completely managed by the chief executives. The chief officials were unable to do so, so they had to hire a private assistant to assist.

Therefore, Gongsun Ce in "Three Heroes and Five Righteousness" was actually created by artists in the Qing Dynasty based on the image of a famous criminal master at that time. There was no such figure as Gongsun Ce in the Song Dynasty, and there was no so-called "superior" in the prefectures of the Song Dynasty. The master was the product of the development of the administrative shogun government system to the Ming and Qing Dynasties, also known as "superior friends". The history of the Song Dynasty was the only dynasty that did not have an administrative shogun government. It shows that the Song Dynasty had established professional administrative and judicial institutions in the local area, and of course there was no need for the administrative shogun government to support it.

Bao Zheng in the "Bao Gong Opera" is a super judge with great power and powerful powers that combine investigation, accusation, trial and execution. In a case, Bao Gong, who is proficient in the eyes, often asks clearly in court, then shouts "listen to the verdict in the hall", and after a stern sentence, he shouts "Tiger-headed guillotine service" and beheads the criminal. By analogy, since there is a professional judicial organization, there will definitely be no such procedural error.

The design of the state system of the Song Dynasty focused on decentralization and checks and balances, and it was also reflected in the judicial system. Therefore, when Taizu established the country, a set of very anti-theory judicial procedures were established.

First of all, the power of investigation and interrogation is separate. In the Song Dynasty, the criminal investigation agency was the inspection department affiliated to the prefecture and the road yamen, and the county yamen, and the county yamen, which belonged to the county yamen, collectively known as the "cuser yamen", which is equivalent to today's police station. Its duties are to arrest, hunt criminal suspects, collect evidence of crime, and preside over judicial inspections. However, according to the judicial system of the Song Dynasty, they cannot participate in the investigation, nor can they convict the suspects. A legislation in the early Song Dynasty stipulated: "All patrols and arrest envoys, and those who are arrested by the thieves shall not be tortured first, and they shall be sent to the prefecture to which they belong."

After the case enters the trial procedure of the state government, a judge first examines the facts, called "response". The surveyor will examine the criminal facts clearly based on the witness's testimony, evidence, forensic examination, and the suspect's confession, so that reasonable doubts can be eliminated. As for what law the prisoner violated and what punishment should be sentenced according to the law, he does not need to worry about it. After the defendant puts a secret, there is no matter what the surveyor is. But if the interrogation is wrong, he will be responsible.

After this procedure is completed, the second procedure will be entered. Another judge who does not need to avoid suspicion will review the case with the defendant, ask whether the defendant's confession is true and whether there is any injustice. This procedure is called "record and questioning". If the defendant calls for justice, the previous trial procedure will be overturned and the court must be retried. This is called "reconciliation and investigation". If the defendant does not call for justice, then enter the next procedure.

The case file is handed over to another independent judge, who will check whether there are any doubts in the file. If there are any doubts, he will return it to retrial; if there are no doubts, he will detect the legal provisions of the suspect based on the criminal facts recorded in the file. This is called "prosecution and law". The investigation and prosecution and law cannot be the same judge. This is the unique "judgment and law division" system in the Song Dynasty. The Song people believe that the "judgment and law division division" can form a check and balance of power to prevent the abuse of power. "The prison and the court prosecution and judgment are carried out, and each has its own officials, so it is to prevent traitors."

After the prosecution and court, the case is handed over to a judgment committee. The judgment committee is responsible for drafting the judgment and submitting it to all judges of the committee for discussion. If there is no objection to the judgment, it will be signed collectively. If a wrong case is found in the future, all the judges who signed will be held accountable. This is called "a commoner inmates" and judges who object to the judgment can refuse to sign or attach their own different opinions. This is called "a complaint". If it is confirmed in the future that the judgment is indeed wrong, the judge who "a complaint" can be exempted from accountability.

The judgment must be signed by all judges before it can enter the next procedure: send the prefect or prefect who serves as the chief judge of the court to make a formal judgment. After the chief judge determines the judgment, he also needs to read the verdict to the defendant and ask whether he is satisfied. At this time, if the defendant says he is dissatisfied with the verdict and has an injustice, he will automatically start the "reverse and separate investigation" procedure and all the original judges will avoid it, and the higher court organizes a new court review and go through all the previous procedures again. In principle, the defendant in the criminal case has three opportunities to "reverse and separate investigation".

This is the standard procedure, but it is not over yet. The defendant still has the opportunity to "seek justice"...
Chapter completed!