In the twenty-seventh episode of "Liu Yong's Pursuit", Liu Yong, the prefect of Dongchang Province, Shandong Province, with several of his headhunters, stopped the palanquin of the envoy Zang Haikun, and arrested the envoy in broad daylight.
If readers who have seen "Liu Yong's Pursuit of the Case" think that Liu Yong's arrest of the envoy is also reasonable, but if it was really in the Qing Dynasty, such a thing would never have happened. The prefect is an official from Sipin, and the envoy is a member of the Erpin, and from a modern point of view, it is the secretary of the municipal party committee of a prefecture-level city, who ran to the provincial capital to arrest the executive vice governor.
In the play, Liu Yong's identity is more special, and there are three special points: First, after Liu Yong was the prime minister, he also served as the left capital of the Imperial Household (from Yipin), although he was demoted to the prefect by Qianlong, but the clear-eyed people all knew that Liu Yong was only temporarily in charge of Dongchang, and sooner or later he would return to the imperial court, so Shandong officials were quite jealous of him;
Second, Liu Yong's wife was Gege, and he became the frontal donkey of the Ai Xinjue Luo family (although the historical truth is not so), and with this identity, all officials, including the governor of Shandong, had to give Liu Yong three points of face;
Third, because Liu Yong needed to handle cases, Fu Guotai, the inspector of Shandong Province, gave him "tong province case handling documents", which means that as long as he has independent case handling power in all provinces, prefectures and counties in Shandong.
Does liu yong have so many privileges, does it mean that he can arrest Shandong's envoys without asking for instructions or reporting? According to the records of the "Laws of the Great Qing Dynasty", Liu Yong's move was contempt for the king's law, and the above offenses should be punished according to the law!
Then, according to the laws of the Qing Dynasty, how should Zang Haikun, the envoy of the government, convict himself in accordance with legal procedures on the basis of the establishment of the facts of the crime?
Like the governor, the inspector, and the envoy, the envoy are local officials and are in charge of the civil affairs of a province. According to the Qing system, the envoy was a subordinate officer of the inspector and was subject to the governor's control. In provinces with governors, the role of envoys is relatively small, while Shandong does not have a governor, so the envoys are the second in command of the province.
Since Yongzheng, almost all the provincial envoys and envoys have been granted the privilege of close folding, and the envoys, as the emperor's special local officials, especially in the provinces without viceroys, shouldered the heavy responsibility of supervising and patrolling. It is also because of the secret folding power given by the emperor that the inspector also has to give three points to the envoys.
The prefect of Dongchang Province and the envoy of Shandong Province belong to the absolute relationship between the superior and subordinate levels, and from the perspective of administrative rank, there are still Daoists and envoys between the prefect and the envoys, and the grade is also four levels different. In the year of the imperial court's grand plan, the envoys had to conduct a written examination of all the officials in the province and then submit them to the inspectors. In other words, the envoy also has the power of evaluation, and the fate of all officials in the province depends on the envoy.
From a judicial point of view, the judicial power in the hands of the prefect is extremely limited, that is, the envoys, inspectors and governors have not been given much judicial power at the legal level. According to the "Great Qing Law", the governors of the provinces cannot decide the life and death of criminals, and those who have sentenced to imprisonment or above must be reported to the Ministry of Punishment.
The provinces' capitals, prefectures, and counties have only the power to investigate, arrest, and interrogate, and have no judicial power. Once the case is examined and approved, it must be reported to the inspector Yamen for the record, then handed over to the governor Yamen, and finally reported to the Punishment Department, if it is a death row prisoner, it must also be finally convicted through the autumn trial of the Three Laws Division. As for whether the criminal is alive or dead, it is decided by the emperor in the process of trial, that is, only the emperor in the whole world has the right to kill and take it.
The "Great Qing Laws" also stipulate that officials who commit corruption, dereliction of duty, or illegal acts will be arrested and interrogated by the higher-level yamen. Of course, there is also a very important link in the middle, that is, to obtain the approval of the emperor and the Ministry of Punishment.
In other words, in the absence of official documents from the imperial court, the prefect could not arrest zhixian and the inspector could not arrest the prefect, unless it was a special event, such as rebellion, rebellion, and other heinous felonies. Obviously, the political envoy Zang Haikun in "Liu Yong's Pursuit" committed the crime of embezzling disaster relief funds, which is a crime of embezzlement and is not in the category of unforgivable crimes.
Then according to the normal procedure, even The Inspector of Shandong Fu Guotai has no right to arrest Zang Haikun, and if he wants to restrict Zang Haikun's freedom of movement, then he must have the emperor's holy will. Under normal circumstances, when a local official commits a crime, it is not routinely handed over to the local governor to deal with it, but a special case is sent to the Chincha Minister. This is just like now, when a cadre at the vice-ministerial level has a problem, the level of the Provincial Discipline Inspection Commission is certainly not enough, and the Central Discipline Inspection Commission needs to come forward.
The nature of the embezzlement of money for relief is very bad, and once it is ascertained and confirmed, it is also a major crime of raiding homes and killing heads. Such a felony the imperial court must send a Chincha inspector, which is what a small Dongchang prefect can do.
If Liu Yong, as the prefect, really did not ask for instructions or reports, as in the TV series, and directly took down the envoys, then he would have to bear the crime of contempt for the wang law and commit the above crimes. These two crimes are not the ones that can be confessed by dismissal from office, but most of them are also the crime of killing heads, because to a certain extent, they are usurpation of imperial power.
The Qianlong Emperor had always been a man of power, and no matter who he was, as long as he dared to despise the imperial power, whether it was Zuo Du Yushi or Erzhu, he would have to pay a painful price for his stupid behavior.