Lin Gao Qiming

Chapter 1869 Remove the Old and Bring the New ([-])

On the way back to the Justice Bureau, Shen Ruiming kept thinking about the task Liu Xiang gave him.Of course, from the perspective of law teachers in the old time and space, Liu Xiang is a typical example of "brutal interference with judicial independence" and "administrative interference".But he didn't think there was anything wrong with it.After all, the law is for the ruling class.The law is first and foremost a tool of the ruler, not a shackle.

As for his proposal of the Ma Xiwu Trial Law, it was not a whim.He has learned a lot about the local judicial practice in Guangzhou from Liang Xinhu's secret report to the judicial office.Generally speaking, the simplified trial system implemented by Judicikou in Hainan is still too cumbersome in Guangzhou—especially at a time when the two sides are fighting each other and major cases continue.The law must be combined with reality to be effective.To only consider legal issues without considering political and social realities is undoubtedly falling into the quagmire of legal fundamentalism.

Along the way, there were construction sites for digging canals, dredging, and paving roads. Shen Ruiming's sedan chair stopped and went, and had to detour from time to time. When he returned to the Great Buddha Temple, his new "home" had already been settled.Two maids are busy tidying up the bedroom.His office has been cleaned and furnished.

Seats and furniture, of course, are materials for confiscating the house, but the room layout is very comfortable and practical - the office has explored a whole set of ways to renovate and decorate traditional houses in the long-term work.The General Affairs Department of the municipal government also remodeled the place in the same way.Both the light and the practicality of the house have gone up a step.

Shen Ruiming felt quite satisfied, and was about to sit down and look through the case files that had just been delivered: Liang Xinhu had already sent someone to send over the files related to the witchcraft case and the cases related to the people and horses of Guandi Temple—to be honest, the number was quite considerable.

"The director...and...opened his hand again, wanting to find you."

The Persian maid can speak some Chinese, but the pronunciation is not good.This slave girl from an aristocratic family is very intelligent. After more than two years in Lingao, she can roughly understand newspapers and letters.

It was Liang Xinhu who came in with the notification.

Liang Xinhu came to Guangzhou with the ambition of "becoming the president of the Guangdong Intermediate People's Court". After arriving in Guangzhou, he was busy like a spinning top and never stopped seriously.On the one hand, it was because there were indeed various cases emerging one after another, and on the other hand, it was also due to the shortage of manpower. Meeting Shen Ruiming this time was really closer than meeting relatives.

Seeing Liang Xinhu's tired face, Shen Ruiming knew that the burden on him was not light, and he was not in a hurry to speak. He waited until Liang Xinhu lit a Nanhai cigar before speaking: "I believe you have read the telegram from Lingao. Let's make a long story short. You need to rest more."

Liang Xinhu waved his hand, indicating that he was fine: "It's fine, it's fine, you and I are only in our thirties, the days of revolution will last."

Liang Xinhu suddenly slapped his head again: "I'm sorry, I forgot that you don't smoke." As he said that, he was about to extinguish the cigar.Shen Ruiming stopped him: "It doesn't matter, I'm not so particular here."

Seeing that Liang Xinhu took a few puffs and regained his energy, Shen Ruiming said: "A few things, one is the trial, which will be discussed later; the other is that the Organization Department has approved the establishment of five courts in Guangzhou, including supporting naturalized people's justice. The training program for civil servants will greatly reduce your burden."

Liang Xinhu exhaled a puff of smoke ring: "Before I came to Guangzhou, Lao Liu urged the court's supporting facilities very hard. After I came, he didn't urge so often. But he also said that he would provide a few more for the entire population of 60 in Guangzhou. If there are 10 people in one court, this is not a light burden."

"Mayor Liu's calculations are not small, but this is Guangzhou in the late Ming Dynasty, not Guangzhou in the 21st century. There is no need for so many courts--judges in central and western cities in the 21st century can't hear a few cases a year. There is no need to engage in such a big battle for the stagnant water of the small peasant economy. In the past, only two county yamen within the urban area of ​​Guangzhou handled the judicial cases of the whole city, and one government office also took care of the judicial cases of other counties under it. Five courts is too many -- not so many people to fill."

Liang Xinhu was taken aback for a moment, knowing that there must be details inside the Judiciary, and asked: "Then what about the specific plan? The organization department has approved it, and we will make changes. Is there a problem with the procedures?"

"The Organization Department only approved the establishment of the five courts, but did not mention the specific levels and uses of the courts. This freedom is still in the hands of our Ministry of Justice." Shen Ruiming said, "After research by the Ministry of Justice, it was decided to first set up the South China Sea, There are two grass-roots courts in Panyu, and one intermediate court in Guangzhou. This is roughly compared with the one prefecture and two counties in the past, and it is easier for ordinary people to accept.”

"What about the other counties? I heard that the organization department has also approved it." Liang Xinhu asked.Because there have been many cases accumulated in various counties recently, except for serious cases that have been sent to Guangzhou for trial as usual, all kinds of small and micro cases and civil cases can only be tried by the county magistrates according to the old method.

As a result, the newly established county government is tantamount to returning to the old way, and the county magistrates set their own dates, or the first and fifteenth day of the new year, or the day of the week to "release the notice".Those who complained all went to the county government. Although they didn't kneel or spank, they were essentially the same as the county magistrate in Daming.

The county magistrates, whether they are veterans or naturalized citizens, actually know very little about the legal system of the Senate. They all rely on the few manuals compiled and issued by the Law Society. It is difficult to carry on with a slightly more complicated case—especially civil cases. There are many entangled and mixed incidents, and it takes a lot of brainpower to find out the facts.If the elders are better, at least they have been educated in modern law. They have watched legal programs to some extent.The magistrate of Guihuamin either said that Tianxian could do whatever he wanted, or handed over the case to the following retention book office or famous criminal master according to the routine.All these chaos were reported by the Political Security Bureau, and the call for "judiciary to enter the county" suddenly became louder. This is one of the reasons why the Organization Department and the Cadre Department are suddenly so generous to the judiciary.

"We can't do one court in each county." Shen Ruiming said, "I think we can meet the needs of several key counties after the first phase of the judicial training course in Guangzhou. The Law Society also considered it, so the five courts In addition to the three I just mentioned, the next one is the Circuit Court of the Guangzhou Special District—specially dispatched circuit courts to conduct trials in various counties. This can ensure the quality of trials and reduce the pressure on local administrative departments.”

"And the fifth court?"

"The fifth is the Maritime Court." Shen Ruiming said with confidence, "This is also an important area."

Liang Xinhu nodded, this arrangement is indeed very reasonable, taking all aspects into consideration.But he still has some concerns:
"It's okay to set up this way, but do we have so many veterans to be in charge? Even if you are a prosecutor and a judge, we all have multiple talents with one specialty. There are still not enough veterans. These institutions It cannot be vacant, and must be filled by naturalized judicial cadres. To be honest, no matter how I think about the judges who come out of the 60-day crash course mentioned in the plan, it is difficult for me to agree. A mature judge in the original time and space has to go through at least 18 years. 10 years of basic education, and [-] years of practical experience, not to mention that the rule of law is now ten times more complicated than the old time and space." Liang Xinhu expressed his worries, "Criminal cases are easy to talk about, and Mu Mina who can bring them to trial Frontier evidence and the like will be prepared. Except for some very serious cases, veterans are required to be prosecutors. Generally speaking, the naturalized people can follow the scriptures. But civil cases are different. The indigenous people who come to the lawsuit in this time and space, although they know the evidence important, but often the evidence presented is either incomplete or has nothing to do with the facts to be proved. Basically, we judges have to collect the evidence ourselves. Take the rental dispute a few days ago as an example, I asked my staff to investigate The local folk business habits are only willing to cooperate when you talk about it, and it takes time and effort not to say it, and often you can’t get the truth. Are these fast-track judges really qualified for these jobs?"

Shen Ruiming knew very well that Liang Xinhu would have doubts about this. He explained: "As for the matter of civil trials, I think we have to change our way of working. In Lingao and even the whole of Hainan, we have overwhelming power in all aspects of society. The advantage is that there are not many civil cases. Even if there are, because of our control of the grassroots political power, it is very convenient to carry out various tasks. But in the newly liberated areas like Guangzhou, the situation is quite different. In my opinion, the original method of time and space If you are not convinced, it is better to use the Ma Xiwu trial method used in the base areas during the Anti-Japanese War."

Liang Xinhu also graduated from a law major, so he naturally knew this. He said: "This method is indeed good, but there are two problems. First, we can't say that we have completely mastered the entire Guangdong area, and the safety of going to the countryside to work cannot be guaranteed— ―Even if the counties under Guangzhou Prefecture are more remote, it is not peaceful at the moment; secondly, judging from the current civil service examination application and admission situation, the so-called citizen class, that is, the urban petty bourgeoisie, has the highest proportion. The crowd mingle?"

"I've also considered this," Shen Ruiming hesitated, and continued after a while, "I asked Du Wen for a few rural cadres trained by the workshop. These people are very experienced in going to the countryside. With a few instruction manuals, it is not difficult to solve common problems. As for the newly recruited students, they need to follow these cadres and learn on the job. Of course, I admit that there must be people who cannot position themselves correctly, but they cannot There is no problem with the general direction of the training plan." He seemed very confident, "Everything is difficult at the beginning, and I will do my best in this matter, so don't worry."

(End of this chapter)