Ming Dynasty: Ask Zhu Yuanzhang to abdicate at the beginning

Chapter 551 The Solution! A New Legal System!

To prevent this newly established agency, known as the "Integrity Bureau," from eventually becoming an unwieldy and corrupt secret service organization that would wreak havoc on the court, repeating the mistakes of the previous dynasty's Embroidered Uniform Guard and the Eastern and Western Depots, he carefully considered the matter and drastically reduced almost all of its substantive powers.

The Independent Commission Against Corruption (ICAC) staff, who move around frequently, have in fact become a special group of "imperial envoys".

They were neither constables nor judges.

They are more like the emperor's eyes, countless probes penetrating deep into the fabric of the empire.

The difference is that behind those eyes stands the emperor himself, who reigns supreme over the world.

When it comes to demanding that officials cooperate with the investigation, they wield an "imperial decree" that carries more weight than any imperial edict.

Any official's evasiveness or non-cooperation would be seen as a contempt for imperial power, and no one could bear the consequences.

They were completely different from secret service agencies like the Embroidered Uniform Guard and the Eastern and Western Depots, and did not have the same level of power.

They were somewhat similar to "investigative journalists" in later times, but they were also under "imperial orders" when it came to demanding cooperation from officials.

Unlike investigative journalists who disclose information directly to the public, the Independent Commission Against Corruption (ICAC) always keeps its investigation results strictly confidential.

On the other hand, what these eyes see cannot be made public like what an "investigative journalist" would do, and they have no right to use it to incite public opinion or stir up trouble.

The corruption of officials, especially those cases with serious consequences, is not suitable for public disclosure.

Announcing it prematurely could cause unnecessary panic or have a negative impact on social atmosphere.

The best course of action would be to first report the matter in detail to Emperor Zhu Yunwen, and then, based on the actual situation, selectively and appropriately announce it to the people.

Therefore, all the information obtained by the Independent Commission Against Corruption (ICAC) investigations, no matter how sensational, could only be submitted to the Emperor through the most confidential channels.

Ultimately, the sword that determines an official's honor, disgrace, life, and death, and even the rise and fall of a family, must always and exclusively rest in the hands of the emperor himself.

This is both supreme power and an immense responsibility that he, as emperor, must bear alone.

Zhu Yunwen knew that the corrupt officials discovered during the investigation must be dealt with through normal judicial procedures, rather than by privileged institutions overstepping their bounds.

These people must not act arbitrarily and take officials away for interrogation directly.

Because the staff of the Independent Commission Against Corruption (ICAC) are constantly on the move and their whereabouts are uncertain, it is difficult for them to form collusion with local officials and foster "corruption alliances".

However, this does not mean they are completely immune to temptation.

When officials discover that their corrupt practices have been exposed, they are very likely to spend a lot of money on bribes.

Faced with the powerful impact of a huge sum of money, many people find it difficult to uphold their principles, and their beliefs may crumble in an instant.

Zhu Yunwen proposed a three-pronged solution to this problem.

First, a rigorous selection mechanism.

What he wanted were passionate newcomers with a heart full of enthusiasm, determined to cleanse the corrupt officialdom, rather than those seasoned "old hands" who were well-versed in unspoken rules and worldly wisdom.

Only those who are single-minded, unaware of social niceties, and ignorant of bureaucratic formalities can be impartial and selfless, undisturbed by external things.

Secondly, implement a system of high salaries to encourage integrity.

These staff members of the Independent Commission Against Corruption (ICAC) traveled to various places year-round. Coupled with the lack of transportation options, such as airplanes, high-speed trains, and automobiles as we know them today, the hardships of their long journeys are self-evident.

Therefore, providing them with generous salaries is not only a reasonable reward for their hard work, but also a way to build a line of defense against temptation.

Imagine if they were trapped in poverty, how could they not be corrupted by money?

Only a high salary can ensure that they have no worries about their future and can steadfastly fulfill their duties.

Of course, high salaries do not necessarily produce "honest officials".

Therefore, the third hurdle is the strict and detailed internal rules and regulations.

Anyone found to have accepted bribes or engaged in other disciplinary violations will be severely punished without exception.

This is not only a deterrent to individuals, but also a solemn declaration of integrity and self-discipline for the entire team.

In addition, to further eliminate the possibility of collusion and fraud, the personnel sent to the same region for each investigation are randomly assigned and never repeated.

Even if officials attempt to bribe the previous batch of Independent Commission Against Corruption (ICAC) staff, there is no guarantee they will succeed with the next batch.

This dynamic rotation mechanism greatly increases the difficulty of concealment.

The institution envisioned by Zhu Yunwen was not created out of thin air, but rather by drawing on the strengths of many and integrating innovation.

It ingeniously combined the supervisory essence of the later "Independent Commission Against Corruption", the investigative ability of "investigative journalists", and the strengths of the existing "Investigation Bureau" and "Imperial Bodyguard" of the Ming Dynasty, and was finally born with unique ingenuity.

Initially, Zhu Yuntong considered granting them powers similar to those of the Independent Commission Against Corruption (ICAC).

They should be instructed to arrest the officials involved and launch a thorough investigation.

However, after careful consideration, Zhu Yunwen realized that a mechanism similar to the "Independent Commission Against Corruption" might work effectively in a city, but once placed in a vast empire, it would be extremely vulnerable to corruption.

After all, the Ming Dynasty was so vast that how could an emperor like him personally handle everything and oversee every corner?
If all power is delegated to officials in this institution, in an environment lacking supervision and checks and balances, rent-seeking and abuses are almost inevitable.

The more power expands, the greater and more far-reaching the problems it may cause.

Therefore, Zhu Yunwen believed that it was necessary to appropriately curb the boundaries of his power.

However, simply having the authority of an "investigative journalist" seems too meager and powerless.

Such investigations often only scratch the surface of things and fail to delve into the core of the problem.

Officials can skillfully evade or even directly refuse to cooperate, using various means to obstruct the investigation and make it difficult for the truth to emerge.

After careful consideration and repeated deliberation, Zhu Yunwen finally decided to grant this newly established agency the power to interview officials, that is, to politely invite officials "for tea" to inquire about the facts.

However, they are not granted the power to directly arrest or forcibly remove officials.

The "Investigation Division," due to its purely covert investigative nature, differs fundamentally from the "Integrity Commission," which is more open and oversight-oriented.

While covert intelligence gathering has its unique advantages, its limitations are equally significant.

Imagine if investigators couldn't freely reveal their identities, how could ordinary people and officials willingly provide them with real and useful clues?

This undoubtedly greatly increases the difficulty of intelligence gathering.

The Independent Commission Against Corruption (ICAC) is quite different.

They can openly present their credentials and reveal their identities. Once the public understands their responsibilities, they can proactively report any inside information they know to the Independent Commission Against Corruption (ICAC).

Some upright officials are also able to expose any illegal or unethical conduct in officialdom that they are aware of to the Independent Commission Against Corruption.

In this way, the information that the Independent Commission Against Corruption (ICAC) can obtain, both in breadth and depth, naturally far surpasses that of secret investigative agencies like the Intelligence Bureau. "So, how does His Majesty intend to rank the ICAC?" Xu Miaojin's gentle voice rang out again.

Zhu Yunwen smiled and calmly replied, "The Independent Commission Against Corruption (ICAC) naturally has different ranks within its ranks."

"After all, there must be a clear path for those in the Independent Commission Against Corruption to advance their careers."

He paused, his tone shifting slightly, and said, "However, the Integrity Bureau will be independent of the existing government system, and their rank will have no relation to the ninth-rank official system of the imperial court."

"All officials in the Independent Commission Against Corruption are commoners in terms of official rank, but they have the special power not to bow to officials."

“No matter what rank an official is facing, they can engage in dialogue on an equal footing and speak impartially.”

Zhu Yunwen poured out his entire plan in great detail.

After discussing the Independent Commission Against Corruption, they moved on to engineering construction.

"A rigorous engineering cost assessment mechanism must be introduced, and a professional assessment agency must be established to carry out this task."

"Furthermore, the design and construction processes must be completely separated to prevent any shady dealings from arising."

"More importantly, we also need to establish an independent quality supervision department to monitor the quality of the project throughout the entire process."

"A lifelong accountability system should be implemented for the quality of engineering construction."

"If problems arise in the future, we must trace them back to the original design and construction parties."

"Whoever is responsible should be held accountable."

"If a problem arises, we will hold whoever is responsible accountable."

“Once the project is built, he will bear the responsibility for the rest of his life, and it will forever be a sword hanging over his head.”

"As a result, he was naturally very cautious and dared not embezzle too much money, which caused the quality of the project to become 'shoddy'."

The scale of engineering construction in later generations far exceeded that of today, so a sophisticated system for supervision has long been developed.

Although the methods used in later generations were not perfect, they were undoubtedly much more rigorous and meticulous than the current extensive management of engineering construction in the Ming Dynasty. Directly learning from and introducing these methods was the wisest choice.

Of course, Zhu Yunwen did not copy it entirely.

In many details, he made ingenious improvements based on the actual situation of the Ming Dynasty.

After all, even the seemingly rigorous systems of later generations have their share of loopholes deliberately left out, as well as some less-than-ideal aspects.

He explained the design philosophy of the entire system in detail, and elaborated on the underlying reasons and necessity for doing so.

As Xu Miaojin listened, she nodded in praise, and even clapped her hands involuntarily, exclaiming from the bottom of her heart, "Brother Tong, everyone says that you have extraordinary talent and are a wise ruler who is rare in a thousand years."

"I always saw you as someone who was never serious, as if you only knew how to laugh and play. But today I have truly witnessed Brother Tong's hidden talents in managing the world!"

“All the measures proposed by Brother Tong are wise and sound strategies for governing the country.”

"Even if Zhuge Liang were alive today, he probably couldn't have come up with such a brilliant strategy!"

Zhu Yunhuan smiled faintly.

This was not something he created out of thin air on his own.

With his extensive knowledge and forward-thinking vision from his previous life, and with readily available mature experience to draw upon, he could naturally find solutions far superior to those that people in the Ming Dynasty at present could imagine.

Standing on the shoulders of giants, one can naturally see further than others.

He did not respond to Xu Miaojin's praise, but instead brought up an old story: "Do you still remember Xi Zhaoxue, who blocked my way to plead her case before?"

Xu Miaojin nodded slightly, indicating that she remembered.

Zhu Yunwen's gaze deepened, and he slowly said, "One of the most important reasons why her brother's wrongful conviction has not been overturned for so long is the protection of one another among officials."

"In officialdom, the network of relationships is intricate and entangled."

"Officials are unwilling to easily offend their colleagues or even harm their own interests for the sake of a common citizen's grievance."

"Therefore, once an official makes a wrong judgment, other officials would rather turn a blind eye and let the case go wrong to the end, with the injustice remaining unresolved."

"In their eyes, how could the lives and property of ordinary people compare to the career prospects of officials?"

"It is not difficult to exonerate Xi Zhaoxue's brother. The real difficulty lies in how to completely prevent such acts of 'officials protecting each other' from happening again."

Zhu Yunwen tapped his fingertips lightly on the table and said, "I have been thinking about this matter for the past few days and have finally decided to start with the Ministry of Justice and establish circuit courts."

"Judges who hear cases should only focus on the ins and outs of the matter, and in accordance with the laws of the Ming Dynasty, they should investigate thoroughly and enforce the law impartially."

"However, even though I have ordered the establishment of independent law offices and law departments in various places, they will inevitably be influenced and constrained by local officials."

"Local officials, driven by their own considerations, are inevitably prone to favoritism and abuse of power, and may even turn a blind eye to certain groups."

"The closer the ties between the courts, the legal department and local officials, the more difficult it becomes to make fair judgments, and their independent status will be lost."

“But circuit courts are completely different.”

"The circuit courts will be staffed by judges directly dispatched by the Department of Justice. They will be responsible for handling various types of cases and will have clearly defined duties."

"Their most distinctive feature is that they are directly subordinate to the Ministry of Justice and are completely free from the control and influence of local officials."

"In this way, we can minimize the various interferences and pressures encountered during the trial process and ensure the fairness of the trial."

"Furthermore, since the officials of the circuit courts are not stationed in the local area, they do not have deep relationships with local officials, let alone close interactions."

“They belong to different systems, so there is no need to worry about local customs or offending local officials.”

"In this way, when they adjudicate cases, they can truly treat ordinary people, local gentry, and even officials appointed by the imperial court equally and enforce the law impartially."

"In the future, if any party is still dissatisfied with the judgment after the county yamen’s legal office and the prefectural yamen’s legal department have heard the case, they can either appeal to the provincial capital’s legal office or choose to file a complaint directly with the circuit court to ensure that the injustice can be examined more fairly."

“In addition to the establishment of circuit courts, the local judicial system must also undergo a complete overhaul.”

"The law is the most important instrument of the world!"

"From now on, whether it is the legal office of the county government, the legal department of the prefectural government, or the legal affairs department of the provincial government, they will all be subject to an independent management system."

"Their financial expenditures and personnel appointments will no longer be under local jurisdiction, but will be directly funded by the imperial court and managed vertically by the Ministry of Justice."

……

(End of this chapter)