Lin Gao Qiming

Chapter 1868 Remove the Old and Bring the New ([-])

Shen Ruiming already had a plan in his mind. Liu Xiang called him and immediately stood up. Liu Xiang waved his hand and said, "Sit down and talk. They are all comrades."

"I'm new here, so I don't know much about the local situation..." Shen Ruiming was modest first, "As far as the judicial field is concerned, I also plan to follow the principle of 'dividing one into two and treating them differently'."

At this time, he had already typed up all the manuscripts, and he spoke fluently: "My place is divided into two, which is to separate the upper and lower levels for judicial disposal.

"Specifically speaking, for the upper and middle ranks of the Guandi Temple, we should arrest a few major and recent cases, ensure that the witnesses and material evidence are complete, the judicial procedures are complete, the public trial is public, and the procedural evidence is impeccable; for the lower ranks , using the Ma Xiwu Trial Law to conduct a summary trial based on public opinion on the premise of knowing the truth."

When these words came from a member of the Law Society, the elders were not quite used to it.Because the keynote of jurisprudence is "governing the country according to the law", it has always hated the manipulation of public opinion and the influence of trials.

Shen Ruiming saw that everyone didn't understand, and explained: "The so-called Ma Xiwu's trial method, one is to go deep into the grassroots, conduct investigations and research, and understand the facts of the case realistically; the other is to respect the opinions of the masses, that is, to consider public opinion; the third is to facilitate the masses Litigation, the procedures are simple and informal; the fourth is to adhere to principles, act in accordance with the law, be honest and fair
"Needless to say the first and fourth points, the so-called 'based on facts, with the law as the yardstick'; the second point focuses on 'respecting the opinions of the masses'; the third point focuses on the simplification of litigation procedures.

"Everyone is very clear that we are now in the stage of 'conquering the world' and lack qualified legal personnel. If the case of Guandi Temple's people and horses is to follow the formal judicial process, the case of so many people will only need to be collected in the link of evidence. Countless manpower and material resources have been spent, and the trial process will not be completed in the year of the monkey, and many of the crimes involved are actually not up to the sentencing standard according to the law. At most, it can be regarded as the category of public security punishment..."

His words immediately got Mu Min's nod.

"However, it is obvious that people from Guandi Temple have harassed and blackmailed the citizens of Guangzhou for many years, and the impact is very bad. If we cannot bring these people to justice due to the restrictions of the law, it will be difficult to receive a trial propaganda effect."

In the final analysis, the ultimate purpose of this trial is to "propaganda". If a simple and clear result that satisfies the masses cannot be produced, the effect of publicity will be greatly reduced.

"So we don't need to stick to the legal process for the lower-level judicial procedures of the Guandi Temple. We can use a simple process and a model similar to a mass meeting. At the meeting, the victims are allowed to come to the stage to expose their grievances and then go to trial. This approach First, conform to public opinion, and second, under the fanatical atmosphere, many victims who dared not speak up and had doubts in the past will come forward and report, which can make many old cases uncovered and ensure that those who have massacres and public anger will not slip through the net— ―If the legal procedures are strictly followed, these cases will only sink into the sea.”

The reason why Shen Ruiming advocated the introduction of the Ma Xiwu Trial Law was not a whim.Certain principles of this judicial law are also applied by the actual judiciary in trials in the circuit courts.In terms of the current social environment, the Senate has perfect legal provisions and legal concepts, but lacks legal talents who can implement these concepts.A sound legal system is tantamount to talking on paper.

Therefore, they try to use the simplest and most understandable laws in judicial practice, simplify the terms and use "reasonable reason" instead of "legal theory" in some cases.This is also the reason why the three chapters of Liu Bang's contract can be successful. After the war, resources are scarce, people's hearts are uncertain, and the rules of the game are best to be clear and quick.

Thirdly, the political, economic and cultural level of this time and space is relatively backward, and the cultural quality and litigation ability of the common people are very low.Simplifying the litigation model will help reduce the cost of litigation for the masses.It is beneficial to reduce their fear of going to court.

Liu Xiang nodded frequently after hearing this. This set of arguments suits the appetite of these administrative people.Everyone immediately took a liking to this veteran law student who suddenly came to Guangzhou to intervene in several major cases, and felt that he was "not the same as the vest".After the meeting, Liu Xiang left Shen Ruiming alone to talk.

Liu Xiang first congratulates Shen Ruiming for being promoted to the Chief Prosecutor.Then the topic turned to business affairs. Shen Ruiming was also very knowledgeable, and he praised Guangzhou under the rule of Mayor Liu, "It has a new look, and great progress has been made both inside and outside the city."

The politeness is over, and we turn to the topic.The content of Liu Xiang's talk was to ask him to try to connect Jinshen and the witchcraft case.

"...It can be said that the witchcraft case is related to many gentry in Guangzhou. However, most of the clues the police have can only lead to people from Guandi Temple. How to connect this line to the gentry, as you Attorney General, do you want to come up with a plan?"

The back of Shen Ruiming's neck was sweating secretly: This mayor Liu is going to create a big prison!
However, he also agrees that the gentry should be severely punished through this big case. After all, the Senate occupies the moral high ground in cases of witchcraft. , as long as the evidence is conclusive, it will not be cleared up in many years.

However, if the police station did not find enough evidence, it would be too unreliable to rely on him, the chief prosecutor who did not take office, to make charges.He thought for a while and said:

"First of all, I think we should downplay the word 'witchcraft' in our external propaganda."

"Why?" Liu Xiang felt strange.

"Because the crime of witchcraft does not exist in our criminal law. It is inconsistent with the law to convict this." Shen Ruiming said, "From the case of the Maojia Inn, the main crimes involved in this case are: intentionally Murder, kidnapping, human trafficking, illegal detention, intentional injury... These crimes exist no matter in accordance with the Daming Law or our Criminal Code. From the perspective of ruling the country by law and promoting the law, more emphasis should be placed on this case cruelty and ignorance, rather than making a big fuss about 'Witch Gu'."

"That makes sense." Liu Xiang nodded, and suddenly asked again, "Are we guilty of adultery?"

Shen Ruiming was taken aback for a moment, thinking that Mayor Liu's brains were still turning very quickly, he said: "If you want to talk about the crime of rape, of course there is no such crime, but we have a ****, so it's fine. ?"

"The problem is that there must be evidence..." Shen Ruiming shook his head and said, "The trial should be based on arguments regardless of intentions. Even if the Guangzhou gentry had the intention to oppose the Senate, the evidence found so far is not enough for the crime of conspiracy to overthrow the Senate. Only proof He participated in the fake hotel case, so we have the possibility to bring him to justice."

"Is there no way to say that?"

Shen Ruiming saw that his complexion was not good, and hurriedly said: "It's not impossible at all. This requires further evidence collection, regardless of physical evidence, as long as there is evidence." He emphasized on the word "witness" The tone, and then said, "If these people's public anger is big enough, they will set off a storm of public opinion, engage in mass movement-style exposing, and uncover old historical accounts, old bloody cases..."

Before he finished speaking, Liu Xiang shook his head: "I have thought about this method! But there are a few of them who are so-called heirs of poetry and etiquette, with hidden methods and a good reputation! I'm afraid it's a bit far-fetched to engage in a campaign-style liquidation."

One thing Liu Xiang didn't say clearly is that the Liang family, which was included in his blacklist, has always been a "friend" of Australians in Guangzhou.It has only been half a year since Guangzhou was liberated, and if we use social movement-style methods to weave accusations and forcibly overthrow it, it will be suspected of "crossing the river and demolishing the bridge".It is not good for future national conquests.So he particularly cares about "reasonable and legal".

Seeing Liu Xiang's frowning, Shen Ruiming knew his difficulty, so he comforted him: "Don't worry, within the existing legal framework, we will definitely cooperate with the work of the Guangzhou Municipal Government. After all, this is also the start of the Ministry of Justice in mainland China." The first shot." The implication is to unite the front with Liu Xiang and communicate with each other to solve any problems.

The two parties had further communication on work cooperation and other matters. Shen Ruiming didn't say anything about the specific trial method and Liu Xiang didn't ask: this is the internal affairs of the Guangzhou City Court, and it is left to Shen Ruiming and Liang Xinhu to handle it.When it was time to leave, Shen Ruiming suddenly remembered something, turned around and asked Liu Xiang: "We need another judicial officer in this case. I personally hope that it is a female veteran, as long as she works part-time. The next step is to carry out judicial naturalization in Guangzhou. I don’t know if you have any candidates here?” Liu Xiang thought for a moment, then said, “Zheng Shangjie is busy with business integration recently, and there are so many cases on Mu Min’s side, it seems that I can’t help you. gone."

"Is that so?" Shen Ruiming was a little disappointed, thought for a while and said, "I remember that Zhang Yunmi seems to be your secretary, right? Can she come to help?"

The reason why Liu Xiang didn't mention Zhang Yunmi just now is that he felt that the latter was too young, and he was afraid that such an important case would be an embarrassing task: "Isn't that good? She's still too young, this case is full of dark sides, I'm afraid it's too much pressure."

"Hey, it's okay. She's not a child anymore. Besides, as a veteran, she should have seen more big scenes. If there is any problem, I will deal with it." Shen Ruiming looked very bold.

Liu Xiang suddenly became vigilant: This kid doesn't have any thoughts about Zhang Yunmi, does he?Although Shen Ruiming is 1.8 meters [-] and looks like he has a lot of muscles, it is still not enough to compare with those German sticks who exercise every day.

In fact, Shen Ruiming still prefers big horses with protruding fronts and backwards, and has no interest in sister Zhang's love for showing off.

Liu Xiang thought over and over again, and felt that there was nothing wrong with Shen Ruiming's rhetoric, and he was unwilling to save his face at this time, so he agreed.

(End of this chapter)