Judge of the Song Dynasty

Chapter 123: Public Prosecution System



Sima Guang was making secret arrangements, while Wang Anshi was conducting his final personnel appointments.

Among these, there was one person he had long wanted to recruit under his banner.

However, the timing had never been right before.

This person was Zhang Fei.

“Academician Wang, your esteemed presence brings great honor to my humble abode,” Zhang Fei said with a bow.

Wang Anshi couldn’t help but laugh at Zhang Fei’s awkward attempt at formal decorum, waving his hand dismissively. “Enough with the pleasantries! You might as well not say them at all.”

“I’m not very good at social niceties, and it seems I’ve made a fool of myself,” Zhang Fei said sheepishly.

The formal decorum of the Song Dynasty was still somewhat unfamiliar to him. Often, he would mimic lines from television dramas, but fortunately, no one seemed to mind.

Wang Anshi chuckled. “It seems all your eloquence is reserved for the courtroom. Not being skilled in formalities isn’t necessarily a bad thing.”

“Thank you for your understanding, Academician Wang.” Zhang Fei smiled and gestured, “Please, Academician, have a seat.”

After they sat down in the hall, Wang Anshi got straight to the point. “I won’t beat around the bush. I came here today to ask if you’d join the imperial court and assist me in my reforms. Would you be willing?”

Zhang Fei was taken aback by Wang Anshi’s directness. He had thought Wang Anshi would be more indirect, making it easier for him to decline without losing face. But with such a straightforward invitation, he found himself at a loss for words.

Seeing Zhang Fei’s hesitation, Wang Anshi prompted, “Why don’t you answer?”

“I…!” Zhang Fei quickly replied, “I’m flattered, Academician Wang.”

“I told you, no more pleasantries. Just give me a straight answer,” Wang Anshi insisted, waving his hand.

Zhang Fei said, “I’m not worthy…”

“Enough!” Wang Anshi interrupted him.

Zhang Fei sighed, “I won’t go.”

“……!”

Wang Anshi was momentarily stunned by the blunt refusal. “Why not?” he asked.

After a brief pause, Zhang Fei replied, “Because I was hoping you might come to my bookstore and work as a pen-in-cap.”

Wang Anshi was incredulous. “What did you say?”

Zhang Fei repeated, “Would you be willing, Academician Wang?”

“Ridiculous!” Wang Anshi slammed the table but then sat back down, realizing, “You mean to say that everyone has their own aspirations.”

Zhang Fei nodded. “Exactly. My benefactor once recommended me to join the imperial court, and I declined.”

Wang Anshi was curious. “Do you think being a court official is less desirable than being a pen-in-cap?”

Zhang Fei shook his head. “Not at all. It’s just that my current success allows me to enjoy my present life, helping those who have been wronged. I don’t want to change that for now.”

Wang Anshi said, “While everyone has their own aspirations, a man’s ambitions should be grander.”

Zhang Fei smiled. “That’s why I need some experience first, starting with helping the common people.”

Wang Anshi smiled back, “Alright, I won’t force you. If you ever change your mind, come find me.”

“Thank you for your understanding, Academician Wang,” Zhang Fei said with a bow. “Although I don’t plan to join the court, I can still assist you with your reforms.”

Wang Anshi was slightly taken aback but nodded. “Indeed, you’ve already helped me quite a bit.”

He pondered that Zhang Fei’s talents might actually be more beneficial outside the court.

Zhang Fei grinned. “You’ve also helped me a lot, Academician Wang. Our mutual cooperation can continue.”

Wang Anshi laughed heartily, “Mutual cooperation, indeed.”

For Wang Anshi, Zhang Fei wasn’t an indispensable piece but a talent he appreciated and wanted to elevate. Since Zhang Fei was unwilling, he wouldn’t push further.

Zhang Fei laughed, “Who knows, we might soon find another opportunity to cooperate.”

Wang Anshi raised an eyebrow. “What do you mean by that?” ʀᴇᴀᴅ ʟᴀᴛᴇsᴛ ᴄʜᴀᴘᴛᴇʀs ᴀᴛ noᴠelfire.net

Zhang Fei kept the suspense. “I’ll tell you when the time comes.”

After chatting for about half an hour, Wang Anshi took his leave. Wang Anshi was indeed a very busy man, and personally coming to recruit Zhang Fei was a great honor for him.

Zhang Fei personally saw Wang Anshi to the door, but when he returned to the hall, he found Xu Zhiqian already seated inside.

“I really need to hire a doorman to keep an eye on the back door,” Zhang Fei said, frustrated.

Xu Zhiqian smiled. “Why not borrow one from my house for now?”

“That would defeat the purpose of a doorman.”

Zhang Fei glared at her and sat down.

Xu Zhiqian teased, “At least he could stop you from sneaking into my house through the back door.”

“……!”

Zhang Fei suddenly realized she was right. He had indeed been using the back door to enter her house as well.

Seeing Zhang Fei’s red face, Xu Zhiqian laughed lightly. “But you really don’t know how lucky you are. So many people dream of becoming officials, yet you refuse every opportunity. If this gets out, many will envy you to death.”

Zhang Fei snorted, “How can a swan understand the ambitions of a sparrow?”

“You… a swan can’t understand a sparrow’s ambitions?” Xu Zhiqian was momentarily taken aback, then laughed, “But really, the ambitions of a sparrow are harder to guess. What are they?”

Zhang Fei grinned. “To be wealthy, have many wives and concubines, and be surrounded by children and grandchildren.”

“That’s quite insightful,” Xu Zhiqian laughed, but then added, “But that’s not your true ambition.”

Zhang Fei was puzzled. “What do you mean?”

Xu Zhiqian replied, “If that were truly your ambition, you would have joined the imperial court long ago.”

“……!”

Zhang Fei was at a loss for words.

Xu Zhiqian scrutinized him, humming softly. “I’ll figure out what your real intentions are sooner or later.”

If you can guess, I’ll marry you, Zhang Fei thought. “Go ahead and guess,” he said with a laugh.

“What are you two discussing so happily?”

A voice interrupted, and Xu Zun walked over leisurely.

“Father!”

Xu Zhiqian quickly stood up.

Zhang Fei noticed Xu Zun coming from the side and thought, both father and daughter like using the back door. Then again, it meant they didn’t see him as an outsider. After all, he used the back door at their house too, so it was fair.

Zhang Fei stood up to greet him. “Benefactor.”

Xu Zun nodded with a smile.

He knew Zhang Fei was aware of the Emperor’s true identity, but since Zhang Fei didn’t mention it, he wouldn’t bring it up either. It was a matter he was quite embarrassed about.

“Father, why are you home so early today?” Xu Zhiqian asked curiously.

Xu Zun chuckled. “I went to attend a meeting at the Court of Penal Review this morning. Since there was nothing urgent at the office, I came straight home.”

Xu Zhiqian asked, “Why did the Court of Penal Review invite you to a meeting?”

Xu Zun laughed. “A new official always brings some changes!”

Xu Zhiqian frowned. “Uncle Sima?”

Xu Zun nodded.

Although the Court of Penal Review had more authority than the Court of Judicial Review, they weren’t subordinate to each other. The key was that Sima Guang was now a State Councilor, which was different. A State Councilor could exercise the powers of a Chancellor, including convening meetings of judicial departments.

Zhang Fei frowned and asked, “Does Academician Sima intend to target you, Benefactor?”

Xu Zun waved his hand. “No, no. Although I disagree with Academician Sima’s views, he isn’t that petty. He invited me today to discuss judicial reforms.”

“Reforms?” Xu Zhiqian was surprised.

Everyone was talking about Wang Anshi’s reforms, but it seemed that Sima Guang also wanted to reform. It was quite unexpected.

Xu Zun laughed. “Sima Guang and Wang Anshi have always been at odds. Now that Wang Anshi is pushing for reforms, Sima Guang won’t be outdone. Actually, this is good. It prevents them from constantly arguing.”

As expected of Sima Guang, this move was quite clever. Zhang Fei couldn’t help but secretly admire him.

Xu Zun suddenly glanced at Zhang Fei and asked, “Zhang San, what do you think about this?”

Guessing that Sima Guang would anticipate that Xu Zun would ask him for his opinions, Zhang Fei decided to go along with it. After a brief pause, he said, “Based on my recent legal battles, I feel somewhat embarrassed.”

“Embarrassed?”

Xu Zun and Xu Zhiqian spoke in unison.

Zhang Fei nodded. “You know how much the Kaifeng Prefectural Office dislikes me.”

Before Xu Zun could respond, Xu Zhiqian said, “They take their salaries but don’t want to work, and then blame others. It’s outrageous.”

Xu Zun waved his hand. “Prefect Lu is not like that.”

Zhang Fei nodded. “Indeed. The main responsibilities of the Kaifeng Prefectural Office are the people’s livelihood and finances, with legal cases only being a secondary function. My frequent lawsuits forces the prefectural office to focus too much on legal matters, possibly neglecting its primary duties. One case can only right a wrong for one person, but a policy mistake can harm everyone in the prefecture.”

Xu Zhiqian asked, “Do you mean separating these governmental functions into two?”

Zhang Fei shook his head. “Not two, but four.”

“Four?”

Xu Zhiqian was curious. “What four?”

Zhang Fei explained, “Administration, policing, adjudication, and prosecution. For instance, the Kaifeng Prefectural Office should focus only on administration—handling finances, livelihoods, and infrastructure. The Vice-Prefect and Prefect Marshal would take the lead. Then, establish a policing office to maintain law and order and conduct investigations. However, the final judgments would be handled by a separate judicial office, with another office for supervision and prosecution. These four offices would be independent of each other, ensuring mutual oversight. This way, even the prefect could be prosecuted if they broke the law.”

Xu Zun nodded repeatedly, delighted.

In terms of judicial structure, the Northern Song Dynasty was perhaps the pinnacle of ancient Chinese society. Neither the Han, Tang, Ming, nor Qing Dynasties were as advanced. This was because the Second Emperor highly valued the judicial system, and the idea of separating powers was already present in the Northern Song, where governmental departments were designed to check each other, benefiting the judicial system.

Xu Zun quickly grasped the advantages of this public prosecution system and its three institutions: the police, the prosecution, and the judiciary. “You make a good point, but wouldn’t this make the judicial process more complex and costly?”

Zhang Fei smiled. “It would actually simplify things, not complicate them.”

Xu Zun raised an eyebrow. “How so?”

Zhang Fei explained, “Not every prefect is well-versed in the law. Cases could become more complicated under less knowledgeable officials. By having specialized officials handle these tasks, many cases could be resolved more quickly and efficiently. As for the costs, I’m afraid I can’t help, but I’m sure Academician Sima will find a solution.”

Xu Zun nodded slightly.

Having spent much time with Zhang Fei, Xu Zhiqian noticed his knack for coming up with ideas on the spot. “If you had this idea, why didn’t you tell my father earlier?”

Such a judicial structure, even from a genius, couldn’t be a spur-of-the-moment thought. It must have been premeditated.

Zhang Fei smiled wryly. “Even if I had mentioned it earlier, your father couldn’t have done anything about it.”

Xu Zun laughed. “Your greatest talent isn’t just courtroom debates but knowing when to say the right things.”

“That’s the skill of a pen-in-cap,” Zhang Fei said with a grin. “But if you present this reform idea to Academician Sima, please don’t mention it was mine.”

Xu Zun asked, “Why not?”

Zhang Fei replied, “Many officials are unhappy with me. If they know this idea came from me, it might cause unnecessary trouble and backfire.”

Xu Zun stroked his beard and nodded in understanding.

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