Section 222: Crime of sabotaging military marriage
Fu Fu followed Fu Yizhuang quietly, preparing to go to a deserted place to show him some color. [Read the full text] To avenge the abuse he suffered along the way. Suddenly he thought that his head was too conspicuous, and he could tell at a glance that he was on errands for the superiors, so he took advantage of the fact that there was no one on the street, picked up the broken straw hat, put it on, and followed him quietly.
Fu Yizhuang knew that someone wanted to settle accounts with him, so he walked in front with a hoe. Fu Fu picked up a wooden stick on the way and followed behind him silently - he had learned some reconnaissance tactics in the army - and took Fu Yizhuang to the irrigation canal. There were trees all around to block the crowd. Unexpectedly, he rushed over from behind, swung his stick and hit Fu Yizhuang firmly on the back, immediately beating him to the ground.
Fu Yizhuang didn't expect that someone would attack him. He fell to the ground before he could scream, and was hit with seven or eight sticks. He couldn't help shouting "Hero, spare your life!", but it had no effect. The other party kept silent in a series of words. They hit him with a stick, beating him until he screamed and crawled on his hands and feet to escape. Fu Fu kicked him hard on the leg, and Fu Yiqiang screamed and rolled into the drained irrigation canal. Stuck in the mud and unable to move.
Fu Fu saw Fu Yizhuang rolling in the mud and whining, and felt a bad breath. He hurried away before anyone came over - it would be a big deal to report it to the political office. Beating the common people would be a big deal. This is a serious violation of discipline.
Fu Yizhuang was beaten for no apparent reason. He finally got out of the mud and begged for help before he could go back. Most of the people in the village were watching the fun, but no one cared about who was beating him - Fu Yousan's family was the richest man in the village back then, and they had many festivals with the villagers.
Xu Xu came back to the Law Club from Meiyang Village and was currently making arrangements for the court session. Because this case needs to be fully "political", small cases have become the focus of the Senate. Not only the military system, but other systems also expressed their own opinions.
After fully understanding the opinions of the elders, the Law Society believed that this case met the conviction standards of the Ming Dynasty Code. However, in terms of the crime, everyone agreed that the crime of "breaking military marriage" should be introduced instead of "trafficking."
"The prosecution must be based on the crime of destroying military marriages, not 'complicity'," Dong Shiye, the president of the Dongmen City Summary Court, emphasized this point. "Ethical criminalization is not in line with the direction of legal development. Through this trial, we will instill a new legal concept into the people."
The concept of destroying military marriages is a completely new concept for ordinary people - the social status of soldiers in ancient times was extremely low. Once the concept of "protecting military marriages" came out, it had a great effect on improving the social status of soldiers.
Some people have raised the issue of legal retrospection. "Destruction of military marriage" is a provision of the Marriage Law. The Marriage Law has not yet been promulgated. Even if it is promulgated now, the case occurred before the law was promulgated. If the lawsuit is based on the time traveler's marriage law, then it is equivalent to saying that the time traveler's law has retroactive effect, and the law club will be in trouble if it copies the law.
The trial was about a case of destroying a military marriage. If this case was to be tried, in accordance with the principle of leniency and leniency, the case could only be prosecuted according to the Ming Dynasty law. The most common judgment is in accordance with the "Da Ming Law", which is "ninety sticks".
If this was the case, first of all, the veterans of the military system would not agree. Secondly, everyone felt that if the crime of "destroying military marriages" could not be introduced, the effect of changing customs would be greatly reduced.
After some nonsense, everyone finally reached a consensus and was charged with "sabotaging a military marriage." As for the marriage law, it must be promulgated immediately.
"In addition to following the "Da Ming Law", can we also follow the "Australian and Song Dynasty Laws"! We don't say that this "Marriage Law" was formulated by us," Zhou Dongtian said, "We just say that it has always existed in the Australian and Song Dynasties. Now Lingao It belongs to 'Au Song', and the law of Australia Song can also be regarded as having jurisdiction."
This 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 Xu believes that as a case in the transitional period for the establishment of the judicial system and paving the way for new laws, 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 effect this case is to achieve, a trial that initially embodies the judicial system of the new country is very meaningful, and some systems in the procedural law to be formulated in the future need to be used in this trial. As for sentencing, I personally feel that the death penalty and life-long hard labor are too harsh. Moreover, a sentence that is too extreme will be detrimental to future legislative work - wouldn't it be more appropriate to have a prison sentence plus forced relocation and local supervision after serving the sentence?"
"We have no objections, but the navy and military seem to have a tough tone." An Xi said uneasily, "Chen Haiyang and Ming Qiu don't have any specific opinions. Some of the veteran officers below are very enthusiastic, and it is said that President Wen also supports them. "
"Mr. Wen didn't express his position at all in formal occasions." Dong Shiye said, "He just said things like 'kill the married couple on the spot' in private."
"These words are very sweet..." An Xi said.
Zhou Dongtian snorted: "Master Qingtian, Qiang Xiang Ling, and Wise Leader are the most harmful to the judiciary!" He stood up and said loudly: "We are now in a new era and a new atmosphere. But the legal awareness of the group cannot be achieved overnight. It must be changed. It must go through a process of publicity and enlightenment. At the same time, the sentencing of relevant behaviors through trial practice reflects the guiding role of the law. I absolutely do not agree with the military’s views on the sentencing of this case. Since the case must be handled in accordance with the law, then be honest Really adhere to the 16-character policy: there are laws to abide by, laws must be abided by, law enforcement must be strict, and violations must be punished. Don't use your imagination to create a plane that talks about the Constitution. There are hidden dangers! Landmines!"
Dong Shiye coughed and said: "There is no need to impose a too severe sentence at all. As long as it is classified as a crime, it is enough for a normal person to consider with his big head when his small head is congested. I think a sentence of more than three years and less than seven years is enough." ——Especially because of the 'good reputation' of that place. I think most normal people would think carefully about risking three to seven years of hard labor. As for the death penalty or life imprisonment, there is no such thing as sentencing. Necessary. 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 raped. Our legal precedent of "destroying military marriages" is enough to improve their social status; secondly, 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 of society; in the end, even if they really care, we don’t need to compromise with the local customs and habits—could it be that the patriarch can sink a person into a pig cage with just one sentence? Do we need to respect it? We need to make them accept our ideas, make them fear violent institutions, and make them feel that even being sentenced to three months in prison is a lifelong shame. Ideological work and public opinion must be mobilized and take this opportunity to make it clear The difference between us and the old world makes the locals aware of our advanced nature and the backwardness of the old world." Dong Shiye finished speaking in one breath, took a breath, picked up the tea cup and took a sip of water, "In addition, I would like to know Which is the prosecution agency? When did the Senate set up an institution like the Procuratorate? Does the arbitral tribunal have jurisdiction over both prosecution and trial? The public prosecution agency and the trial agency are in the same department. Isn't this a bit inappropriate?"
"This is not a problem," Ma Jia said. "The Political and Legal Affairs Committee does not control everything."
"I think the police department can be allowed to temporarily perform the functions of the public prosecutor's office. In the early days of the founding of the People's Republic of China, the public security police performed public prosecutor's functions. Later, when everything was on the right track, the procuratorate was established. According to the current situation in Lingao, in terms of saving resources, it can be allowed The police department shall exercise the right of public prosecution.”
Ma Jia thought about it for a moment: "Let's discuss it later. This matter has nothing to do with the police at the moment, so it's not appropriate for them to prosecute. I think we can set up a prosecutor system."
"Office of the Independent Counsel?"
"Yes, that's what I mean." Ma Jia said, "It can be permanent, or it can be a one-person-per-case system. It can be appointed before prosecution and resigned after the prosecution is over. This can save manpower. Now there are more pitfalls than carrots."
"Now that the judicial system has begun to be established, the public prosecution system should be established. Especially for the ancient legal system that does not distinguish between criminal and civil matters, it is very meaningful to establish a national public prosecution system." Ji Xin said, "In addition, I propose to create a judicial practice certificate And so on. Anyone who has obtained a law degree or similar qualification certificate in the old time and space can apply to be a public prosecutor, lawyer or judge. In this way, even if they are not working in the establishment system of the arbitral tribunal, they can still appear in court to handle cases at any time. Otherwise, it is easy to be criticized. After all, it has no basis in law.”
After all, the Law Society is essentially just a club. There is no institutional basis for allowing members of the Law Society who are not within the arbitral tribunal system to serve as judges, lawyers, and prosecutors. Therefore, Ji Xin suggested that we should regulate the system. He also proposed: In order to reflect the authority of the new social legal system and leave the concept of "procedural legality" to the indigenous people, the judicial procedures should imitate modern litigation procedures, and there must be no less than a judge, secretary, public prosecutor, and public defense lawyer. Go through the entire process.
"I agree, procedural legality is one of the basic concepts of modern jurisprudence and must be instilled in naturalized citizens." Xu agreed, "This is not formalism."
An Xi asked: "Do you want to wear a fake one?"
"I don't have any problem with you having a pound of goat hair on your head in Lingao, but I won't wear it." Dong Shiye said lazily.
"I can consider the robe, but I don't want it if I don't like it. I don't like the smell of the British people." Ma Jia said, "To be honest, I feel too hot wearing the robe."
