Lin Gao Qiming

Chapter 764

Fu Fu quietly followed Fu Yizhuang, ready to show him some color in a place where no one was around.To avenge his abuse all the way back then.Suddenly he realized that his hair was too conspicuous, and he knew that he was working for the chiefs at a glance, so he picked up the broken straw hat and put it on when there was no one on the street, and followed quietly.

Fu Yizhuang didn't know that someone was going to settle accounts with him, so he walked ahead with a hoe on his shoulder.Fu Fu picked up a wooden stick on the way, and followed behind quietly—he had learned a little detection tactics in the army—and took Fu Yizhuang to the side of the irrigation canal, surrounded by trees to cover no one, and caught him by surprise. He rushed over from behind, picked up the stick, and smashed it firmly on Fu Yizhuang's back with a stick, immediately knocking him down.

Fu Yizhuang didn't expect someone to attack him at all, he fell to the ground before he had time to shout, he was hit by seven or eight sticks solidly, he couldn't help shouting "Hero, spare your life!", but it didn't work, the other party kept silent for a series of Fu Yizhuang yelled and rolled into the drained irrigation canal. Stuck in the mud and unable to move.

Seeing Fu Yizhuang rolling and whining in the mud, Fu Fu felt annoyed, and slipped away as soon as no one came over—it would be a big deal if someone found out and reported to the political office, such as beating ordinary people The matter is a serious violation of discipline.

Fu Yizhuang was beaten for no apparent reason, and managed to get out of the mud, begging someone to help him before he could go back.Most of the villagers watched the excitement, but no one cared about who beat him--Fu Yousan's family was the richest man in the village back then, and they had a lot of festivities with the villagers.

Xu Xu came back to the Law Club from Meiyang Village, and now he is busy with the court proceedings.Because this case needs to be fully "political", the small case has become the focus of the Senate.Not only the military system, but other systems also expressed their views.

After fully understanding the opinions of the veterans, the Law Society believed that this case met the criminal standards of the "Law of the Ming Dynasty", but in terms of charges, everyone agreed that the charge of "destroying military marriage" should be introduced instead of "adultery".

"It must be prosecuted on the charge of destroying military marriages, not the crime of 'adultery'," Dong Shiye, as the president of the Dongmen City Summary Court, emphasized this point, "Ethical crimes are not in line with the direction of legal development. Through In this trial, we want to instill a new concept of jurisprudence into the people."

Destroying military marriages is a brand-new concept for common people-the social status of soldiers in ancient times was extremely low, and the concept of "protecting military marriages" has a great effect on improving the social status of soldiers.

Some people raised the issue of retroactive law. "Destruction of military marriages" is an article of the "Marriage Law", and the "Marriage Law" has not yet been promulgated—even if it is promulgated now, the case occurred before the promulgation of the law.If the lawsuit is filed according to the time traveler's marriage law, it means that the time traveler's law is retroactive, and the law club will be in chaos when copying the law.

The case of sabotage of military marriage is being heard. If this case has a trial right, it can only be prosecuted according to the crime of adultery in accordance with the Daming Law.The most judgments are in accordance with the "Law of the Ming Dynasty", "ninety sticks".

If this is the case, first of all, the veterans of the military system will not agree, and secondly, everyone feels that if the crime of "breaking military marriages" cannot be introduced, the effect of changing customs will be greatly reduced.

After some nonsense, everyone finally reached a consensus, and they were still charged with "destroying military marriage".As for the marriage law, it must be published immediately.

"In addition to following the "Daming Law", can we also follow the "Ausong Law"! Let's not say that the "Marriage Law" was formulated by us," Zhou Dongtian said, "It has always existed in Australia and Song Dynasty, and now Lingao belongs to 'Ausong', the Australia-Song Law can also be regarded as having jurisdiction."

Such a statement is really a bit reluctant.But if you want to justify yourself, you can only use it.

Regarding the specific content of the judgment, Xu believes that as a case in the transition period for the establishment of the judicial system and paving the way for the new law, a more compromise judgment is appropriate, especially considering the need to balance the sentiments of some elders and promote the steady establishment of the legal system.

"From the perspective of the social effects to be achieved in this case, a trial that initially reflects the judicial system of the new country is very meaningful, and it is necessary to apply some systems in the procedural law to be formulated in the future. As for sentencing Personally, I feel that the death penalty and lifelong hard labor are too severe. What’s more, if the sentence is too absolute, it will be detrimental to future legislative work—would it be more appropriate to strengthen mandatory relocation and local supervision after serving the sentence?”

"We have no objections, but the navy seems to have a tough tone." An Xi said anxiously, "Chen Haiyang and Ming Qiu don't have any specific opinions, but some veteran officers below are very active, and it is said that President Wen also supports them. "

"Mr. Wen didn't express his position at all on formal occasions." Dong Shiye said, "He just said in private that he would kill the adulterer on the spot."

"That's a very temperamental..." An Xi said.

Zhou Dongtian snorted: "Master Qingtian, Strong Order, and wise leader are the most harmful to the judiciary!" He stood up and said loudly: "We are now in a new era. But the legal awareness of groups cannot be changed overnight. Yes. It must go through a process of publicity and enlightenment. At the same time, through trial practice, the relevant behaviors are sentenced to punishment, which reflects the guiding role of the law. I absolutely do not agree with the military's opinion on the sentencing of this case. Since the case must be handled according to the law, it should be honest Adhere to the 16-character policy: There are laws to abide by, laws must be followed, law enforcement must be strictly enforced, and violations must be punished. Don’t use your will to make an airplane with Tianxian in your mouth. Hidden dangers! Land mines!”

Dong Shiye coughed and said: "There is no need for a heavy sentence. As long as it is classified as a crime, it is enough for a normal person to think about it with a big head when the small head is congested. I think the sentencing of three years to seven years is enough." Yes—especially the 'good reputation' of the place where you are. I think most normal people will think about the risk of being raped for three to seven years of hard labor. As for the death penalty or life sentence, there is no need for it at all. First of all, the status of soldiers in this time and space is very low, and no one will help them if their wives are NTRed. Our case of "destroying military marriages" is enough to raise their social status; second, among the poor people in this time and space The concept of chastity is far less strong than that of the middle and upper classes in society; in the end, even if they really care, we don’t need to compromise with the customs and habits of the locals—whether the patriarch can put people into a pig cage with a single word? Respect? We need to let them accept our ideas, let them fear violent institutions, and let them feel that even being sentenced to three months in prison is a lifetime of shame. Ideological work and public opinion must be mobilized, and we must take this opportunity to clarify Differentiate us from the old world, let the local people realize our advanced nature and the backwardness of the old world." Dong Shiye finished speaking in one breath, took a breath, took a sip of water from his teacup, "Also, I would like to know Which organ is it? When did the Senate set up an institution like the procuratorate? Could it be that the arbitral tribunal is in charge of both prosecution and trial? The public prosecution organ and the judicial organ are the same department, which is a bit inappropriate."

"This is not a problem," said Majia, "the Political and Legal Committee doesn't care about everything."

"I think it is possible to allow the police department to perform the functions of the public prosecution agency temporarily. The public security department performed the public prosecution function in the early days of the founding of the People's Republic of China. Later, when everything was on the right track, the procuratorate was established. According to the current situation in Lingao, in terms of saving resources, the police can be The department exercises the right to public prosecution."

Vest thought for a while: "Let's discuss it later. Right now, this matter has nothing to do with the police, and it's not appropriate to let them prosecute. In my opinion, we can set up a prosecutor system."

"The Office of the Independent Prosecutor?"

"Yes, that's what it means." Said the vest. "It can be a permanent establishment, or a one-case-one-person system can be adopted. It can be appointed before the prosecution and resigned after the end. It can save manpower. Now there are too many pits and few carrots."

"Now that the judicial system has been established, the public prosecution system should be established. Especially for the ancient legal system that does not distinguish between criminal and civil, it is very meaningful to establish a national public prosecution system." Ji Xin said, "In addition, I propose to establish a judicial practice certificate. And so on. Anyone who has obtained a law degree or similar qualifications in the old time and space can apply to be a public prosecutor, lawyer or judge. In this way, even if they do not work in the establishment system of the arbitral tribunal, they can appear in court at any time to handle cases. Otherwise, it is easy to be picked on. After all, there is no basis in the law.”

After all, the Law Society is only a club in nature, and there is no institutional basis for members of the Law Society who are not in the arbitral tribunal system to serve as judges, lawyers, and public prosecutors.Therefore, Ji Xin suggested to standardize the system.He also proposed: In order to reflect the authority of the new social legal system and leave the concept of "procedural legitimacy" to the indigenous people, the judicial procedure should imitate the modern procedure, including judges, clerks, public prosecutors, and public defense lawyers. The program goes through it all.

"I agree. Procedural legality is one of the basic concepts of modern jurisprudence, and it must be instilled in the naturalized people." Xu Xu agreed, "This is not formalism."

An Xi asked: "Do you want to wear a wig?"

"I don't mind if you wear a catty of wool on your head in Lingao, but I don't wear it." Dong Shiye said lazily.

"The robes can be considered, but the wigs are not needed. I don't like the smell of the British." The vest said, "To be honest, I don't even like the heat in wearing robes."

(End of this chapter)