On the way back to the Justice Bureau, Shen Ruiming kept thinking about the task Liu Xiang gave him. The fastest updated Of course, according to the law teachers of the old time and space, Liu Xiang can be regarded as a typical example of "rude interference with judicial independence" and "administrative interference". But he didn't think there was anything wrong with it. Ultimately, the law serves the ruling class. Law is first and foremost a tool of the ruler, not a shackle.
As for his proposal of Ma Xiwu's trial method, it was not a whim. He had already learned a lot about the local judicial practice in Guangzhou from Liang Xinhu's secret report to the judicial office. Generally speaking, the summary trial system implemented by the Judiciary Office in Hainan still seems too cumbersome in Guangzhou - especially when the enemy and us are wrestling with constant major and important cases. The law must be combined with reality to be most effective. To only consider legal issues without considering political and social realities is undoubtedly to fall into the quagmire of legal fundamentalism.
Along the way, there were construction sites for digging canals and paving roads everywhere. Shen Ruiming's sedan stopped and went, and had to take detours from time to time. Returning to the Great Buddha Temple, the new "home" had been settled. Two maids were busy tidying up the decorations in the bedroom. His office has been cleaned and decorated.
The seating and furniture are of course borrowed from home supplies, but the room layout is very comfortable and practical - the office has figured out a whole set of ways to renovate and decorate traditional houses during its long-term work. The General Affairs Section of the municipal government also renovated this place in the same way. Both the light and the practicality of the house have gone to a new level.
Shen Ruiming felt quite satisfied and was about to sit down and look through the case files that had just been sent: Liang Xinhu had sent someone to send over the relevant files on the witchcraft case and the cases related to the Guandi Temple troops - to be honest, the number was quite considerable. of.
"The director... has reached out again to find you."
The Persian maid can speak some Chinese, but her pronunciation is not good. This slave girl from a noble family was very smart. After more than two years in high school, she could already roughly read newspapers and letters.
The person who came in with the notification was Liang Xinhu who came first.
Liang Xinhu originally came to Guangzhou with the ambition of "becoming the dean of the Guangdong Intermediate Hospital." After arriving in Guangzhou, he was as busy as a top and never stopped seriously. On the one hand, it is because there are indeed endless cases, and on the other hand, it is also due to the lack of manpower. Meeting Shen Ruiming now is really more intimate than meeting a relative.
Seeing Liang Xinhu's tired face, Shen Ruiming knew that the burden on him was not light, so 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. Long story short, get some rest."
Liang Xinhu waved his hand, indicating that he was fine: "It's okay, it's okay, you and I are only over thirty, and the days of revolution have only been around for a long time."
Liang Xinhu suddenly slapped his head again: "Sorry, I forgot that you don't smoke." He was about to put out the cigar. Shen Ruiming stopped him: "It doesn't matter, I'm not that particular here."
Seeing that Liang Xinhu had taken a few puffs and regained his energy a little, Shen Ruiming said: "A few things, one is the trial, we will talk about this later; the other is that the Organization Office has approved the establishment of five courts in Guangzhou, including supporting naturalization There is a training program for civil and judicial civil servants, so your burden can be greatly reduced."
Liang Xinhu blew out a smoke ring: "Before I came to Guangzhou, Lao Liu was very busy in urging the construction of supporting facilities for the court. After I came, he was not so diligent. But he also said that he would provide more housing for the entire population of 600,000 in Guangzhou. The burden of one court is not light if one court has one hundred thousand people."
"Mayor Liu's calculations are not trivial, but this is Guangzhou in the late Ming Dynasty, not the Guangzhou of the 21st century. There is no need for so many courts - judges in central and western cities in the 21st century cannot hear several cases a year. , there is no need to engage in such a big battle in this stagnant economy of small farmers. In the past, only two county yamen within the urban area of Guangzhou handled the judicial cases of the whole city. One government yamen also had to take care of the judicial cases of other states and counties under its jurisdiction. Five courts is too many – and there aren’t that many people to fill them.”
Liang Xinhu was stunned, knowing that there must be details within the Judiciary Office, and asked: "What about the specific plan? The Organization Office has approved it, and we will change it again. Is there any formality problem?"
"The Organization Office only approved the establishment of five courts for us, but did not specify the specific levels and purposes of the courts. This freedom is still in the hands of our Ministry of Justice." Shen Ruiming said, "After studying it, the Ministry of Justice decided to first set up Nanhai, There are two grassroots courts in Panyu and one Guangzhou Intermediate Court. This is roughly in contrast to the previous one government and two counties, and it will be easier for the people to accept it."
"What about other counties? I heard that the Organization Department also approved it." Liang Xinhu asked. Because there have been a lot of cases accumulated in various counties recently, except for serious cases that are sent to Guangzhou for trial as usual, various 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 governments were back to the old ways. The county magistrates of each county set their own dates, either on the first or fifteenth day of the lunar month, or on the days of the week to "release announcements." Those who complained all rushed to the county government. Although they did not kneel down or be spanked, it was essentially the same as the magistrates of the Ming Dynasty trying cases.
The county magistrates, whether they are senators or naturalized citizens, actually know very little about the legal system of the Senate. They rely solely on a few manuals compiled and distributed by the Law Society. If the case is slightly complicated, it will be difficult to sustain it - especially civil cases. There are so many entangled and complicated incidents that it takes a lot of brainpower just to investigate the facts clearly. If it is better for the elders, at least they have been influenced by modern law, have watched some legal programs, understand the basic legal concepts and spirit, and can be somewhat adjusted during the trial. The county magistrate, who was a naturalized citizen, could either talk about the Tianxian as he pleased, or hand over the case to the lower retention office or Xing Mingshi as usual. All these chaos were gathered together through reports from 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 suddenly spoke so generously to the judiciary.
"We can't do one court in each county now." Shen Ruiming said, "I think it will only be possible to satisfy a few key counties after the first phase of the judicial training class in Guangzhou graduates. The Law Society has also taken this into consideration, so the five courts In addition to the three I just mentioned, the next one is the Guangzhou Special District Circuit Court, which specially dispatches circuit courts to conduct trials in various counties. This can ensure the quality of trials and also reduce the pressure on local administrative departments."
"What about the fifth court?"
"The fifth one is the Maritime Court." Shen Ruiming was confident, "This is also an important area."
Liang Xinhu nodded, this arrangement is indeed very reasonable and takes into account all aspects. But he is still a little worried:
"There is no problem with this setup, but do we have so many elders to take charge? Even if you are a prosecutor and a judge, we all have one specialty and can wear many hats. There are still not enough elders. These institutions are It cannot be left vacant and must be filled with naturalized civilian judicial cadres. To be honest, no matter how I think about the 60-day crash course mentioned in the plan, it is difficult for me to agree. In the original time and space, a mature judge had to go through at least 18 Years of basic education and 10 years of practical experience are required, not to mention that the current legal situation is more than ten times more complicated than in the past." Liang Xinhu expressed his worries, "Criminal cases are easy to talk about, and Mu Minna can be brought to trial. Side evidence and other evidence will be prepared. Except for some extremely serious cases that require veterans to serve as prosecutors, under normal circumstances naturalized citizens can just follow the script. But civil cases are different. The indigenous people who come to litigate in this time and space know the evidence. It is important, but often the evidence produced is either incomplete or has nothing to do with the facts that need 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 subordinates to investigate Local folk business habits require hard talk before they are willing to cooperate, which is time-consuming and labor-intensive, and the truth is often not obtained. Are these quick judges really qualified for these tasks?"
Shen Ruiming knew very well that Liang Xinhu would have questions in this regard. He explained: "As for the civil trial, I think we need to change our working thinking. In Lingao and even Hainan as a whole, we have overwhelming achievements in all aspects of society. Because of our sexual advantage, there are not many civil cases. Even if there are, because we control the grassroots political power, all work is very convenient. But in newly liberated areas like Guangzhou, the situation is very different. In my opinion, the original time and space The method is not suitable for the local environment, so it is better to use the Ma Xiwu trial method used in the base areas during the Anti-Japanese War."
Liang Xinhu also graduated with a law major, so he naturally knows this. He said: "This method is indeed good, but there are two problems. First, we cannot say that we have fully mastered the entire Guangdong area at present, and the safety of work in the countryside cannot be guaranteed - - Even the counties under Guangzhou Prefecture, the more remote ones are not peaceful at the moment; secondly, judging from the current application and admission situation for the civil service examination, the highest proportion is the so-called citizen class, that is, the urban petty bourgeoisie. Can it really be compared with The crowd mingle as one?"
"I have also considered this," Shen Ruiming hesitated, and continued after a while, "I asked Du Wen for a few rural cadres trained in the training center. These people are very experienced in going to the countryside. We Get a few more instruction manuals, and it will not be 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 will definitely be people who cannot correctly position themselves, but After all, you can't give up eating because of choking. There is no problem with the general direction of the training plan." He seemed very confident, "Everything is difficult at the beginning, I will do my best on this matter, don't worry."
