Lin Gao Qiming

Chapter 2633 French Lawsuit ([-])

Liang Xinhu thought to himself that he was a scholar, so he really "spoken his words".However, the twelve words clearly explained the benefits of it, and said immediately: "Mr. is right. Since ancient times, the king's law is ruthless, and every word and every word is related to the lives of the people. Therefore, apart from the division of 螫谳, the ancestors of Materia Medica also have The system of 'translating differences and different surveys'."

Zhang Jiayu's interest has been raised at this time: "Please enlighten me, chief!"

Liang Xinhu said that translating differences and differences was a judicial system implemented in the Song Dynasty.To reverse the difference means to retract the confession; to do another investigation means to have another trial.Defendants in criminal cases in the Song Dynasty could appeal for grievances and disputes during interrogation, sentencing, and execution.Once the difference is reversed, the case will automatically enter the appeal procedure of Biekan.

In essence, "reviewing differences" is actually a judicial mechanism for automatic appeals.Every time a criminal defendant reverses the case, another judge must be arranged for a retrial, which costs huge judicial resources and has to endure slow judicial efficiency.

"...Of course there will be some prisoners who use the mechanism of "examination and investigation" to serve time and time again, and then retrial again and again, endlessly. In order to avoid such a situation of wasting judicial resources, in the There must be a balance between judicial fairness and judicial efficiency..."

The method people in the Song Dynasty thought of was to limit the number of times of "examination and investigation". If you complain about injustice again, it will no longer be accepted.In the Southern Song Dynasty, it was changed to the "five-push system", that is, the defendant can "turn over the difference and investigate" five times.

Unfortunately, after the Yuan Dynasty, this system was completely annihilated.In the Ming and Qing Dynasties, although there were cases of withdrawing confessions on the spot and appealing to higher levels, there were either strict restrictions (more appeals), or the power of review was in the hands of the presiding officer.Calling for innocence and confession has become a very risky thing that may not be profitable. If it is not a huge injustice, few people would dare to try it.

Zhang Jiayu was very interested.As a practice of officials, criminal names will be involved by many scholars.But generally speaking, it is not taken seriously. Don't look at Zhu Yuanzhang's strong "legal awareness". He specially formulated the "Da Gao" and promulgated it to the world. The writer can reduce the crime by one class.However, it took only 100 years for people to die and government to rest. By the Jiajing Dynasty, few people knew about this book, and it needed to be republished by the Ministry of Rites.In addition, there are very few books dedicated to this kind of knowledge on the market, and the relevant subordinates regard this knowledge as "undisclosed secrets".Therefore, Zhang Jiayu is superficial about this, talking in general terms.It rarely involves specific practice, let alone jurisprudence.

Liang Xinhu's class didn't end until lunch time.After a simple lunch, at one o'clock in the afternoon, the trial work of the first day of the circuit court began.Zhang Jiayu also went to the court to attend the trial with everyone.

The "Circuit Court" talks about adapting measures to local conditions.Places where conditions permit are naturally set up in tall houses such as ancestral halls, temples, and old government offices. Where conditions are not available, courts are often set up directly in open places such as courtyards and theaters.

There are quite a few big houses that are actually available here in Jiujiang.However, in order to expand the influence of popularizing the law, Liang Xinhu tried his best to allow as many people as possible to watch the trial, and as long as conditions permit, try to choose a larger outdoor venue.

Today's trial was held in a threshing ground in Jiujiang, with an earthen platform piled up in the middle as a court, surrounded by wooden fences.A team of National Army soldiers has set up a cordon along the wooden fence, separating more and more civilians from the wooden fence.

In the empty field, several wooden poles were erected, and wired speakers were already hung on them.

Zhang Jiayu also went to attend the witchcraft case and joined in the fun. The case involved so many things that it could be called "the first case in the south".At that time, the people who went to listen were almost empty, and the Guangzhou Municipal Government had to use a large number of national troops to maintain order. Zhang Jiayu had a lot of connections but was not able to enter the court to listen. He just listened to the interrogation process outside through the "wooden chatterbox". .

Today's circuit trial is also crowded with people - for the villagers who don't have any recreational activities, watching the trial is entertainment. Fortunately, this time Zhang Jiayu is a "Guest Qing", not only in the wooden fence, but also has a seat.

As everyone filed into the court, they sat down in the gallery.Zhang Jiayu looked over and saw that all the parties involved in this trial had arrived.At first glance, there are quite a lot of people waiting for trial, it is a huge area, divided into two teams.One side is "civil cases" and the other is "public order cases".The latter is in police custody.

According to the system design of Juxuekou, circuit courts generally do not hear major criminal cases, but mainly hear civil and public security cases.

Zeng Juan saw that the bailiffs on both sides looked at the clocks on the table and shouted loudly: "It's time, please keep quiet! Stand up!"

The yelling was spread through the loudspeaker, and the originally lively venue gradually became quiet.

The presiding judge, Liang Xinhu, came out of a tent next to the presiding chair. He was wearing a haechi crown, a black robe, and A-grade black leather shoes from the Lando ship. He was majestic and upright. .

This Xiezhi crown is also called Faguan and Iron Crown.According to records, it was made by King Wen of Chu and worn by law enforcement officials, so it is called the crown.There is a decoration symbolizing the Haechi horn.This Xiezhi is a mythical beast in ancient legends.According to legend, the horns on its head can distinguish straight from straight.So the Law Society specially chose it as the judge's attire.

This crown is an ancient system, not to mention that many people don't know it, even ordinary scholars don't know it. They think it is some kind of "new dynasty uniform system". Zhang Jiayu has read a lot of books and has extensive knowledge, so he naturally knows it.It's just that the costume of the robe really made him unable to understand which dynasty's legacy it was.

Liang Xinhu picked up the gavel and slammed it hard: "The next court session! The first case!"

The judicial police immediately brought the two parties to the court, and as usual, first asked the basic information such as the age and family address.

It turned out that both of them were making a living in Jiujiang, and the defendant Zhang Cai was the shopkeeper of a small inn in Qianjie.The inn is not big, with seven or eight rooms, most of which are rented out to small businessmen and craftsmen who make a living in Jiujiang.

As for the plaintiff, it was his tenant Chen Sanli, a small businessman who made a living selling fishing gear in Jiujiang.Judging from their livelihood, they are all small businesses that cannot be flooded.Zhang Jiayu secretly wondered: Such a small businessman, what's the big deal going to be troubled by the economic officials?
After asking about the basic situation, both parties presented their case and submissions.Only then did Zhang Jiayu learn the facts of the case: Chen Sanli had signed a contract with shopkeeper Zhang for a three-year long-term lease.But after the Australians came, there was an uproar in the four villages.Chen Sanli was worried that the safety of the countryside would harm the common people, so he packed up his bed and ran away overnight.

This run lasted more than half a year, and then the situation gradually stabilized, and Chen Sanli returned to Jiujiang to resume his old career.Unexpectedly, the shopkeeper Zhang saw that he ran away and thought that he must have died in the chaos. He had already rented out the house again and was only willing to refund the original rent.

Originally, Chen Sanli also recognized it, but now the situation is stable and business is easy to do, and the rent of local houses in Jiujiang has risen a lot.With the original money, it is no longer possible to get such a long lease.Chen Sanli felt that he had suffered a disadvantage, but shopkeeper Zhang felt that he escaped by himself, and the remaining rent was refunded to him, so he confidently stated that it was impossible to perform according to the old lease.

Both of them felt that they were justified, and they couldn't stop arguing, which dragged on until now.Originally, disputes that could be resolved by the people themselves, after several years of fermentation, have become emotional behaviors that do not fight for money and breath.In the end, Chen Sanli decided to sue Zhang Cai.

The trial proceeded very slowly, and the merchants in the market were no more than rural farmers, because they communicated more with people, they could speak fluently.However, a small businessman and a dilapidated shopkeeper on both sides of the party have not received systematic education, so the logic is inevitably confusing, and the same question has to be asked several times before it can be answered.

"Defendant, do you think you can take back the house after the plaintiff leaves Guangzhou?"

"My lord, this is the rule in my street." Zhang Caidao, "He just ran away. He has been away for almost ten months, and there is no news. How do I know whether he is dead or alive..."

"Even if I die, I will pay the money! You have to stay with me for three years!" Chen Sanli was furious.

"Silence, don't interrupt at will!" The bailiff next to him warned.

Then Liang Xinhu asked the plaintiff, Chen Sanli, who said that he had never heard of such a rule.

Afterwards, Liang Xinhu summoned several witnesses, including the witnesses proposed by the two parties involved, as well as people from the local Lijia and Chamber of Commerce, who all gave relevant circumstantial evidence.

Regarding the lessee leaving without saying goodbye, whether the lease was fulfilled or not, the witnesses have different opinions and opinions.In fact, Liang Xinhu didn't care too much about whether there was such a rule, because the relevant laws of the Senate had regulations on such issues, and the case was not complicated, so it could be applied directly.He is purely here to show the students in the study group how to correctly execute the trial process.

The scene of the interrogation was very dull, Zhang Jiayu couldn't help but yawned quietly.It is really elusive for this Australian to come forward to try this trivial case.

At the end of the cross-examination stage, Liang Xinhu did not announce an adjournment - such cases will not be subject to collegiate discussion or mediation.Judgments are made by the judge directly on the merits of the case.

The case was not difficult to judge, but he first gave relevant explanations before the judgment.In order for the new judicial concept to occupy the high ground as soon as possible, it has become the judicial habit of the Senate to explain the basis of the case judgment.

In particular, the background of the "Contract Law" and other types of commercial laws in the original time and space are far from the situation in this time and space, and there are many problems in rashly applying them.Although the commercial law in Europe in this time and space has already taken shape, it still has the same problem - it does not conform to the national conditions.However, traditional Chinese laws such as the "Law of the Ming Dynasty" have little involvement in commercial law.

(End of this chapter)