Liang Xinhu thought that he was a scholar after all, and he was really "excellent". However, the benefits were explained clearly in twelve words, and he immediately said: "Sir, you are right. Since ancient times, the king's law has been ruthless, and every word is related to the wealth and lives of the people. Therefore, in addition to the Jiji branch, the ancestors of Materia Medica also have The system of 'translation and interpretation'."
Zhang Jiayu's interest was already aroused at this time: "Please give me some advice, chief!"
Liang Xinhu said that translation of different documents was a judicial system implemented in the Song Dynasty. Interpretation means reversing the confession; interrogation means another trial. In the Song Dynasty, defendants in criminal cases could protest against the crime during interrogation, sentencing, and execution. Once the case is reversed, the case will automatically enter the separate appeals process.
In essence, "transfer and review" is actually a judicial mechanism for automatic appeals. Every time a criminal defendant changes his mind, another judge must be arranged for a retrial, which consumes huge judicial resources and has to endure slow judicial efficiency.
"...of course there will be some prisoners who take advantage of the mechanism of "interrogation" to serve their sentences again and again, and are retried again and again, endlessly. In order to avoid this waste of judicial resources, in A balance must be struck between judicial impartiality and judicial efficiency..."
The method people in the Song Dynasty thought of was to limit the number of "extra examinations". The Northern Song Dynasty implemented the "three push limit", that is, the defendant had three opportunities to "examine" three times. After three interrogations, if the prisoner Any further complaints will not be accepted. In the Southern Song Dynasty, it was changed to the "five push system", that is, the defendant could "examine the differences" five times.
Unfortunately, after the Yuan Dynasty, this system was completely destroyed. During the Ming and Qing Dynasties, although there were cases of reversal of confessions on the spot and appeals to higher levels, there were either harsh restrictions (extraordinary appeals), or the decision-making power of review rested with the presiding officer. Claiming an unjust confession has become a very risky but not necessarily profitable thing. Unless one suffers a huge injustice, few people would dare to try it.
Zhang Jiayu listened with great interest. As a practical matter for officials, scholars will be involved in it to some extent. But in general, it is not taken seriously. Although Zhu Yuanzhang has a strong "legal consciousness", he specially formulated the "Da Gao" to be promulgated all over the world. It is not only listed as a textbook for the Imperial College and a content of the imperial examination. In order for every household to read it, it is also stipulated that the family should have it. The person who wrote the book can have his crime reduced by one degree. However, after the death of the people and the end of the government, only a hundred years later, by the Jiajing Dynasty, few people knew about this book, and it needed to be published by the Ministry of Rites again. In addition, there are very few books on the market that specialize in this kind of knowledge, and the relevant subordinates regard this knowledge as "a secret not to be passed on." Therefore, Zhang Jiayu only scratched the surface and talked in general terms. It rarely involves specific practices, let alone legal principles.
Liang Xinhu's class didn't end until lunch. After a simple lunch, the first day of trial work in the Circuit Court began at one o'clock in the afternoon. Zhang Jiayu also went to the court with everyone to observe the trial.
The "circuit court" is about adapting measures to local conditions. Where conditions permit, it is naturally set up in high-rise and open pavilions such as ancestral halls, temples, and old government offices. Where conditions do not exist, it is also common to set up courts directly in open spaces such as courtyards and stages.
There are many large houses that are actually available in Jiujiang. However, in order to expand the influence of law popularization, Liang Xinhu tried his best to allow more people to watch the trial, and tried to choose an outdoor venue with a larger capacity as long as conditions permitted.
Today's court hearing was held on a threshing floor in Jiujiang. An earth platform was piled in the middle to serve as the courtroom, and it was surrounded by wooden fences. A group of National Army soldiers had set up a cordon along the wooden fence to keep more and more people away from the wooden fence.
Several wooden poles were erected on the empty field, with wired speakers already hung on them.
Zhang Jiayu also went to sit in on the witchcraft case and join in the fun. The case involved so many people that it can be called the "first case in the south." At that time, there were almost no people to attend, and the Guangzhou Municipal Government had to mobilize a large number of national troops to maintain order. Zhang Jiayu had many connections and was unable to enter the court to listen. He only listened to the interrogation process through a "wooden chat box" outside. .
Today's circuit trial was also crowded with people - for the villagers who did not have much entertainment activities, watching the trial was an entertainment activity. Fortunately, this time Zhang Jiayu was a "guest guest", not only was he in the wooden fence, but he also had a seat.
As everyone filed into the court, they took their seats in the gallery. Zhang Jiayu looked over and saw that all the parties involved in this trial had arrived. At first glance, it seems that there are quite a lot of people awaiting trial. The large area is divided into two teams. One side is a "civil case" and the other side is a "public security case." The latter is under police guard.
According to the legal system design, circuit courts generally do not hear major criminal cases, but mainly hear civil and public security cases.
Zeng Juan saw the bailiffs on both sides looking at the clock on the table and shouting loudly: "The time is up, please keep quiet! Stand up!"
This shout was spread through the loudspeaker, and the originally lively venue gradually became quiet.
The presiding judge Liang Xinhu walked out of a tent next to the presiding court. He was wearing a Xie Zhi crown, a black robe, and A-quality black leather shoes from the Lando ship. He looked majestic and upright. .
This Xie Zhi crown is also called the Dharma crown and the Iron crown. According to records, it was made by King Wen of Chu and was worn by law enforcement officials, so it is called the crown. There are decorations symbolizing Xie Zhi horns. This Haechi is a mythical beast in ancient legends. According to legend, the horns on its head can tell the difference between right and wrong. So the Law Society specifically chose it as the judge's attire.
This crown was made in ancient times. Not to mention that many common people didn't know it, even most ordinary scholars didn't know it. They thought it was some kind of "new imperial uniform system". Zhang Jiayu was well-read and knowledgeable, so he naturally knew it. It's just that the robe's appearance made him confused as to which dynasty it was made from.
Liang Xinhu picked up the gavel and smashed it hard: "The court will begin below! The first case!"
The bailiff immediately brought the two parties to court, and as usual first asked about their age, home address and other basic information.
It turned out that both of them made a living in Jiujiang, and the defendant Zhang Cai was the shopkeeper of a small inn on Qian Street. The inn is not big, with seven or eight rooms. Most of them are rented to small businessmen and craftsmen who make a living in Jiujiang.
The plaintiff is his tenant Chen Sanli, a small businessman who makes a living selling fishing gear in Jiujiang. Judging from their business, it is a small business that cannot be flooded. Zhang Jiayu secretly wondered: What big thing could happen to such a small businessman that would cause the officials to move the government?
After asking about the basic situation, both parties stated the cause of the case and their submissions. Only then did Zhang Jiayu learn the facts of the case: Chen Sanli had made a contract with shopkeeper Zhang for a three-year lease, and everything was fine. But after the Australians came, the whole country was in turmoil. Chen Sanli was worried that the unsafe countryside would affect the common people, so he packed up his clothes and ran away overnight.
This run lasted for more than half a year. Later, the situation stabilized and Chen Sanli returned to Jiujiang to resume his old business. Unexpectedly, when shopkeeper Zhang saw him running away, he thought he must have died in the rebellion. He had rented the house again and was only willing to return the original rent.
Originally, Chen Sanli accepted it, but now that the situation is stable and business is easy to do, the rents of local houses in Jiujiang have increased a lot. It is no longer possible to get such a long lease with the original money. Chen Sanli felt that he had suffered a loss, but shopkeeper Zhang felt that he had escaped on his own and the remaining rent was refunded to him, so he confidently stated that he could no longer perform according to the old lease.
Both of them felt that they were justified and couldn't stop arguing, which has dragged on until now. Originally disputes that could be resolved by the people themselves, after several years of fermentation, they have become emotional behaviors that are not about money but reputation. In the end, Chen Sanli decided to sue Zhang Cai.
The trial went very slowly. The businessmen in the market were no better than the farmers in the countryside. Because they had more interactions with people, they spoke fairly fluently. However, there was a small businessman and a run-down shop owner on both sides of the party, both of whom had not received systematic education. Their logic was inevitably confusing, and the same question had to be asked several times before the answer could be found.
"Defendant, do you have any basis for thinking that you can take back the house after the plaintiff leaves Guangzhou?"
"Sir, the rules on my street are like this." Zhang Cai said, "He just ran away. He has been gone for almost ten months and there is no news at all. How do I know whether he is dead or alive..."
"Even if you die, I still paid the money! You have to stay with me for three years!" Chen Sanli was furious.
"Quiet, don't interrupt!" warned the bailiff next to him.
Then Liang Xinhu asked the plaintiff Chen Sanli, who said that he had never heard of such a rule.
Liang Xinhu then summoned several witnesses, including the witnesses proposed by the two parties, as well as people from local casinos and chambers of commerce, who gave relevant circumstantial evidence.
Witnesses have different opinions and opinions on whether the tenant left without saying goodbye and whether the lease was fulfilled or not. In fact, Liang Xinhu didn't care too much about whether there was such a rule, because the relevant laws of the Senate had provisions on such issues, and the case was not complicated, so he could just apply it directly. His purpose at this moment was purely to show the students in the study group how to correctly execute the trial process.
The interrogation scene was so dull that Zhang Jiayu couldn't help but yawn quietly. This extremely trivial case has to be tried by the elders in person. The idea of this Australian is really elusive.
At the end of the cross-examination phase, Liang Xinhu did not announce an adjournment of the case - there is no collegiality or mediation in such cases. The judge will make a decision directly based on the facts of the case.
The case was not difficult to judge, but he first gave relevant explanations before judging. In order for the new judicial concept to occupy the high ground as soon as possible, it has become a judicial habit of the Senate to explain the basis for case judgment.
In particular, the background of the "Contract Law" and other types of commercial laws in the original time and space is far from the situation in this time and space, and there are many problems in applying them hastily. Although the commercial law in Europe in this time and space has taken shape, it still has the same problem - it is not in line with national conditions. However, traditional Chinese laws such as "Da Ming Law" have little reference to commercial law.
(End of chapter)
