young marshal spring and autumn

On the same day, on September 1919, 9, Shanghai's "Republic of China Daily" published an article titled "Explanation of the Anfu Genealogy Table", imitating the form of genealogy, listing more than a dozen political leaders of the government into a transnational five-generation family tree , The dissatisfaction and righteous indignation of the public were fully revealed in the laughter and cursing.Jokingly called the then President Xu Shichang the "illegitimate child" of the Japanese, which caused a sensation all over the country.

The so-called "Anfu faction" is because Duan Qirui ordered his cronies Xu Shuzheng, Zeng Yujun, Wang Yitang and others to establish the Anfu Club in Anfu Hutong at the beginning of last year. With the power of this faction, a new Congress was established, so this Congress is also called "Anfu Congress". Or "Anfu government".

The Anfu government secretly manipulated and elected Xu Shichang as the president, implemented a pro-Japanese policy, and exchanged rights and interests in railways, mines, and forests in exchange for huge loans from Japan to expand its military power, which aroused public indignation. "Republic of China Daily" ridiculed the grand princes of the central government in this context.

This genealogy signed by "a gentleman's drama" shows that "Japanese" is placed in the highest position "ancestor", which shows that Japan is the controller of the Chinese authorities, and the Beiyang government is a vassal of Japan's descendants.

Xu Shuzheng is Duan Qirui's most trusted confidant, and also the number one officer of the Anfu Department.He planned to form the Anfu Club, set up the Anfu National Assembly, held the real power to show his face and presided over the sale of a large amount of sovereignty in exchange for Japan's support, so he designated it as "himself".

Duan Qirui is the actual manipulator behind the Anfu government, so he is called "father".

The position of President Xu Shichang was elected by the Anfu Congress through manipulation, and "children born in informal marriages are considered illegitimate children."

Ni Sichong and Zeng Yujun are Xu Shuzheng's right-hand men, who share the blessings and difficulties, and are positioned as "brothers" and "brothers".

Zhu Shen, Wang Yitang, and Fang Shu loyally called for Xu Shuzheng, positioning him as "son".

Gong Xinzhan and Zhang Hu tended to follow the trend and seek refuge in the Anfu Department in order to get promoted and make a fortune.

The status and authority of Liu Enge and others were below that of the son, "all have the hope of inheriting the family and dividing the property, and they are named after Sun Yiye."

Yuan Rongsou came here for defection, and his status was under Liu Enge and others, and he was called "successive grandson".

Such a "family tree map" depicting the Anfu family vividly reflects its political divisions, and its irony is amazing.For a while, the sales of "Republic of China Daily" increased greatly, and the princes of the Anguo government became a big joke in the whole country.

In ancient times, insulting the emperor was a "heinous" act of "disrespect" that seriously violated the emperor's personal dignity.Duan Qirui, Xu Shuzheng and other politicians were naturally outraged and even spoke out, saying that the "Republic of China Daily" must be sentenced to close down, and Shao Lizi and Ye Chulan should be sentenced to prison.

"Republic of China Daily" was founded in Shanghai in January 1916. The newspaper office is located at No. 1 Henan Road in the concession. It is the main propaganda publication of the Chinese Revolutionary Party in China.Its supplement "Consciousness" was one of the four major supplements during the "May 12th Movement".Shao Lizi was born in 1882 in Shaojialu, Taoyan, Shaoxing. His initial name was Jingkui, his courtesy name was Zhonghui, and his pen name was Lizi. He is a famous statesman and educator in modern times.Ye Chulan was born in Wuxian County, Jiangsu Province in 1887. He was originally named Ye and Zongyuan. He is a famous Nanshe poet and political activist.

In fairness, in the early period of the Republic of China, including the middle period, freedom of speech was unmatched by all dynasties in China.After the "May [-]th Movement", the public's awareness has risen unprecedentedly, which is a great thing for China's democratic process and worth promoting.Therefore, when this news was passed to Zhang Hanqing's ears as a tidbit, he sensitively felt that he could use it to make a big fuss.

The People's Party organized pens within the party, assembled leading figures in the legal circles in Fengtian, and published articles in the "Fengtian Daily" continuously, known as "Thirteen Theories on Governing the Country by Law", which greatly supported the behavior of the "Republic of China Daily" and put This incident and its handling rose to the level of state governance, and won the resonance of hundreds of domestic media.

Zhang Hanqing believes that regardless of right or wrong, allowing people to swear in the street is a symbol of the government's progress, and the freedom of speech stipulated in the Constitution of the Republic of China is reflected in this aspect.As long as it is not slander, the government should humbly listen to the opinions of the people, correct them if there are any, and encourage them if they are not.People who don't know the truth or one-sided statements should not be easily blamed, but should be guided and persuaded.Because with the advent of the era of big government, the original separation of powers in the executive power has become more and more inflated, while the legislative power is still a foreign product in China, lacking a certain folk foundation, and formed entirely from top to bottom.In this case, the newspaper is the mouthpiece of the people, the voice, the public opinion, and an important form for the people to supervise the government.

In his view, the president is a human being, journalists are human beings, and ordinary people are human beings. We are all citizens of the Republic of China and have the right to express our own opinions on the development, behavior, policies and strategies of the country.The reason why the United States is considered a symbol of democracy is that Americans can scold the president at will.Later, there was a joke that said: "The Chinese think that scolding the United States is patriotic, and the Americans also think that scolding the United States is patriotic. Under such circumstances, the people of China and the United States have finally found a consensus."

The president of the United States can be scolded by the newspapers, the Congress, and even the previous president.Of course, this kind of scolding is not scolding by a shrew, but an attack on his words and deeds.Of course, the president also needs to show an open-minded attitude, smile and spittle, and persuade others with reason. This is a kind of culture.

China does not necessarily have this kind of culture, but restricting the government to the greatest extent will lay a solid foundation and direction for China's future judicial justice and independence.In this case, whether the judiciary can represent a neutral third party and independently make decisions on disputes between citizens and government units is a true manifestation of judicial independence.As a powerful government unit, whether it truly respects the independence of the judiciary is reflected in whether it can humble itself and sit in the dock or the plaintiff's seat like ordinary people, and accept questions from the judiciary.In this sense, the "Republic of China Daily" defamation case against the president is indicative.

Perhaps it was due to the undiminished enthusiasm of the people in Yu Wenli for the "May [-]th Movement" against the Duan government's protest, or because they felt that the Feng faction's statement was supported by domestic public opinion. After several days of consideration, the central government finally chose the address damage to their reputation within the legal framework.

The Tribunal of the Shanghai International Settlement accepted the petition filed by the Anfu government and issued a subpoena to Shao Lizi, the general manager of the Republic of China Daily, and Ye Chulan, the editor-in-chief, and they hired Lin Baijia as their defense lawyer.The case was opened on October 1919, 10. The presiding judge was the British vice-consul, and the Chinese judge Yu Yingsun was on the jury.In Chinese territory, the Chinese government accused Chinese civilians, but the foreign colonists tried it. This sounds unreasonable, but it happened several times in that chaotic era, and the "Soviet Reporting Case" in 3 also happened. In the Shanghai Concession, if the country is weak, it will be unable to resist being bullied by foreign countries.

In the court, the defendant Ye Chuyi said righteously: "I have been the editor of the newspaper for ten years. I am currently the editor-in-chief of the "Republic of China Daily". and the crimes of serving officials." "The Explanation of the Anfu Genealogy Table" is really a criticism of policies with game words, and has no insulting meaning. The original intention of this newspaper and the author is the same, and it is hope that there will be a good government. Let China revitalize, become independent and strong, and the people enjoy peace, freedom and happiness."

The defendant's lawyer, Lin Baijia, defended the two, saying that the evidence presented by the plaintiff was not sufficient to accuse the insulting and slandering Pang for the following reasons: "1. According to the provisions of the Constitution of the Republic of China, the people have the freedom of speech; 2. The government sent personnel to Shanghai to present sufficient evidence; 3. The defendant’s words are permitted by the law, and the purpose is to have a good government in China, and there is no insulting meaning.” Request the case to be dismissed and acquitted.

Anguo government lawyer Mu Ansu insisted that the defendant was guilty. He said, "This text is enough to make the people laugh at the president and the officials in office. Not only did the insult cause the people's contempt and his own shame, but it also left a long-lasting poison. The court should consider four aspects. Consider the bad consequences of this text, that is, the status of the insulted person; the method of insult; the time and place of insult; If you underestimate it, it will greatly hinder the future of the peace talks."

Based on this point, Lin Baijia gave a strong rebuttal: "The negotiation between the Beijing government and the Guangzhou law enforcement government started as early as February 2 this year. Due to Beijing's lack of sincerity, it was terminated on May 20 this year. It is already well known. May I ask if this text was published on September 5 this year, and the negotiation broke down and ended a hundred years ago, what kind of hindrance does it have?"

The two sides debated fiercely.After the presiding judge, the British Vice-Consul and the jury, Chinese judge Yu Yingsun, did not confiscate the informant as expected by the Anguo government, nor acquitted the informant as advocated by Lin, but believed that the "Explanation of Anfu's Genealogy Table" Although this article insulted the President and government officials in words, it was "well-intentioned and quite valuable." In the end, Ye Chulan and Shao Lizi were sentenced to one hundred yuan each.

This verdict is very different from the expectations of Duan Qirui, Xu Shichang and others, and it is difficult to calm down the anger in his chest. Mu Ansu pointed out to the court that Ye Chulan had two "records" of dissatisfaction with the verdict, and demanded that the defendant be severely punished and punished .The presiding judge believed that Mu Ansu was in contempt of the tribunal and refused in court.So far the sensational "Republic of China Daily" case of insulting the President was settled.

After this case, Duan Qirui, Xu Shichang and others became the laughing stock of the people all over the country. Some people satirized this incident in the newspaper and said that the reputation of the President is only worth two hundred yuan.

At that time, it is conceivable that the dignitaries of the ruling authority were insulted by this, and they became furious and furious. They must want to severely punish the newspaper and the author.At the same time, after the court handed down a judgment of only fines, although they were resentful, they also conceded defeat and obeyed, and did not harm others. The rule of law rather than the rule of man, the judicial independence of Beiyang during this period shines with eternal brilliance in the history of the Chinese nation.