The first and second points I just mentioned are easy to understand for criminal investigation experts with rich experience such as Song Chengzu, but the third point, the principle of law enforcement, made all the officials in the hall quite confused. They were surprised, including Song Chengzu, Chen Zongli and other senior figures in the judicial circle.
In fact, this view has been gradually recognized by people in later generations, and it is also the law of human nature formulated by the democratic and legal society of later generations. Of course, under the protection of this law, those criminals who really break the law are likely to escape the sanction of the law. Justice is here Justice has not been served, but if a good man has been wronged as a result, then the harm done to justice here will be twofold, the victim and the wronged.
Seeing everyone's doubts, I explained: "The real criminal who was let go will probably commit another crime and cause new harm to society. However, the duty given to judicial officials by the law can only punish those There is evidence that can prove that the person who broke the law is indeed a person who broke the law, but the person who may have broken the law cannot be punished. This criminal who was let go because there was no evidence can only be considered a victim until he is caught by the government for no new illegal behavior. Ordinary people protected by our laws, Chen Aiqing and Song Aiqing, as the highest officials of our law enforcement agencies, the best way for you to make a difference in your current positions without making mistakes is to respect everyone protected by the laws. No matter how high or low his status and property are, whether he is noble or humble, as long as he is a member of the Song Dynasty, he should have the right to be protected by law. Not only should you have this view, but you should also instill it in your subordinates. Instill it in all relevant officials, dear friends, please understand these announcements of mine,"
"Yes, Your Majesty,"
"Okay, let me move on to the fourth point. Before I talk about this point, I would like to ask you, in the beginning, is human nature inherently good or inherently evil?"
"Basically good,"
"Basically good,"
"Basically evil,"
"A bit of both,"
"There is neither good nor evil,"
There are many different opinions intertwined, but relatively speaking, more people answer that people are inherently good.
I stretched out my hand to signal everyone to be quiet: "The purpose of asking you this question is not to come up with a correct answer to the question itself, but to make a fundamental change in the current thinking of deciding the case. My dear friends, the ancient Confucius once said However, the good and evil of the people does not depend on the people themselves, but on the ruling class. I have also heard a short story, which is similar to what Confucius meant. It is said that in a certain dynasty, when the emperor went out for a private visit, he met a beggar and asked He said, "Why are there so many beggars now?" The beggar did not know the identity of the emperor. He said, "The number of beggars is not decided by the beggar, but depends on the emperor." I quoted Confucius and The beggar's words are intended to explain the reasons why the people form good and evil. The good and evil of the people are to a large extent reflected in the good and evil of the officialdom. Our current judicial system adopts the presumption of guilt law, and I hope that the judicial system can The consciousness gradually transitions from the existing presumption of guilt to the presumption of innocence. This is what I call the fourth proposal."
Chen Zongli, the Secretary of the Ministry of Punishment, said: "Your Majesty, law enforcement agencies have adopted the presumption of guilt since ancient times. What does your Majesty mean by the presumption of innocence?"
"The presumption of guilt is based on the inherent evil of human nature, while the presumption of innocence is based on the inherent goodness of human nature. This is the purpose of asking everyone about the good and evil of human nature. Let me give another example. Suppose there is a household. If someone goes to the county government to file a complaint, saying that you stole one of their chickens last night, then the two presumption methods will have different trial processes. When using the presumption of guilt method, the county government will assume that you have indeed committed the crime of stealing the chicken. , unless you can prove that it is impossible for you to steal a chicken, for example, Widow Li from the next village is crying and helping you prove that you actually drank at her house last night until the early morning, and you did not have time to commit the crime. In this way, you are not guilty, and there is a presumption of innocence. By the way, the county magistrate assumes that you are innocent unless he can find evidence that you really stole the chicken. For example, Widow Li from the next village said that you invited her to eat chicken for no reason last night, and the government officials dug out the chicken bones from your trash can. And you haven't bought chicken at all. Can you hear the difference?"
Wen Tianxiang said: "Your Majesty, we adopt the presumption of innocence method, which means that if the government cannot find evidence, it cannot conclude that he is guilty."
Song Chengzu also said: "Your Majesty means that the adoption of the presumption of innocence is based on the goodness of human nature, and its purpose is to avoid good people from being wrongly accused."
"Yes, that's what I mean. The third and fourth points are related. Regarding these two points, relevant personnel should think about it first. This is a change in criminal law ideology and a manifestation of my advocacy of the supremacy of human nature, but it is not just a matter of time. It can be reversed. Chen Zongli, Song Chengzu, your Ministry of Punishment, Dali Temple, and Department of Law will discuss it together, and then report it to me."
"Yes, Your Majesty, I obey your order,"
"Now let me talk about the fifth point, which is the last point. This last point is my plan to establish a jury trial system,"
"Jury, what is this,"
"Dear dear friends, since the law cannot cover everything and there may be gaps in many areas, and the understanding of the details of the law will vary from person to person, I therefore propose to try out the jury system where possible. The jury I am talking about refers to a representative group of people with no bad records selected from the local people. The jurors are independent from the government, the judicial system, and any political forces. Their Judgment is the judgment that ordinary people will make under the provisions of the law on juries. The jury system has two major advantages. One is that it can listen to public opinions widely on the gaps in the law, and it also supervises the government's case determination process. , curbing government corruption and dictatorship,”
The jury system has its pros and cons, and I think there's no harm in giving it a try. At least it can make local officials feel fearful.
I continued: "Let me give you another example. For example, when Lin'an Prefecture is trying a case, there will be jurors participating. Depending on the size of the case, there can be a different number of jurors, because these jurors and the people involved in the case There is no connection with the case, so they will look at the Lin'an Prefecture's case decision process from a neutral perspective. If all the jury members think that there is a problem with the Lin'an Prefecture's sentencing, it may mean that first, there is a problem with Lin'an Prefecture, and secondly, there is a problem with Lin'an Prefecture. There is a problem with the existing law. If this happens, the case will be reviewed by the superior department of Lin'an Prefecture, and the process will be recorded in the case file. The more times the same problem occurs, the more likely it will be. After seeing the problem with the law, the legal department should re-examine whether the laws and regulations need to be revised,"
Wen Tianxiang said: "Your Majesty's proposal is quite novel. I think I can give it a try. At least I can supervise the government's trial of the case."
Chen Zongli said: "I second the proposal, but how should the jury members be selected?"
"The jury members must first of all live in the local area. Secondly, they must be adults and have the ability to judge matters independently. Thirdly, they must be fair and have no bad records. Fourthly, they must be universal. For example, here
In Lin'an City, there must be representatives of the handicraft industry, representatives of the commerce industry, representatives of urban residents, representatives of scholars and other people from different professions. Fifthly, everyone can also think about it,"
"I have this report," Lin'an Magistrate Qian said.
"Qian Ai Qing, please tell me,"
"Your Majesty, I am willing to conduct a pilot project in Lin'an Mansion,"
I praised: "Okay, this matter will be left to the Government Affairs Council, the Ministry of Criminal Affairs and the Lin'an Government to discuss together and work out a feasible plan."
"Yes, Your Majesty, I obey your order,"
"Okay, retreat from the court,"
The Wudang Martial Arts School is located about ten meters behind the Red Cross, which is also one of the real estate properties of Shifeng Trading Company. The purpose of the Martial Arts School is to strengthen the body. As written in front of its gate, "Strengthen the body and promote the power of the Song Dynasty.
Work hard to become stronger and wash away the shame of Jingkang,"
In the upper right corner of the banner of the martial arts hall, there is a majestic lion. This pattern is already very familiar to Lin'an people, because this lion is the unique symbol of Shifeng Trading Company and is used in every household on the packaging of MSG.
This pattern is also on the horizontal plaque of Tongle Building. Wudang Martial Arts School is also one of Shifeng's industries. People who came to watch the unveiling ceremony will know the origin of the martial arts gym as soon as they see this pattern.
There are many rumors about Shifeng Trading Company, and they are becoming more and more popular, but generally speaking, the people of Lin'an City still have a high opinion of Shifeng Trading Company. There is only one reason. Xiao Tian, the head of Shifeng Trading Company, said that Shifeng Trading Company
Any items produced that are closely related to people's lives will not increase prices arbitrarily, and MSG is one of them. Since its launch, although the supply has exceeded demand, the price has been lowered twice in a row.
Although the common people are not clear about the role of the martial arts gym, many people come to watch it because of the name of Lion Peak. The notice of the martial arts gym is simple and clear. In order to enhance the people's physical fitness, the Wudang Martial Arts Gym has been
Free training is provided to people who are willing to practice martial arts, regardless of age, gender, as long as they abide by the rules of the martial arts gym, they can come here to practice martial arts and strengthen their health.
With the assistance of Longya personnel, the opening ceremony of the martial arts hall was lively and impressive. The person who presided over the ribbon-cutting ceremony was Lu Xiufu, acting president of the Military Academy. This makes people easily think that there is a certain relationship between the martial arts hall and the imperial court.
"This is another charity project. The emperor's actions are all for the sake of the people. People say that the northerners are tough and the southerners are weak. If the physical fitness of the people in our dynasty is improved, then we really shouldn't be afraid of the Mongols.
The person is here," Pu Shougeng, who attended the ribbon-cutting ceremony, thought, secretly glad that he had followed the right person.
During the ribbon-cutting ceremony, I received news from the Longya people that the navy commander Li Beiyang had returned to Lin'an and was at the Military Academy. Therefore, after the ceremony, I hurried over with Yuan Ji, Xiaoqi and Lu Xiufu.
Arrive at the Military Academy.
Li Beiyang has been away from Lin'an for nearly half a year. When he saw me, he bowed down and bowed down, and said with excitement: "Your Majesty, Li Beiyang, is here to see me."
Without my promotion and appreciation, it is estimated that Li Beiyang would have spent his life in obscurity and would have had no chance to achieve more achievements than his ancestor Li Bao.
"Without courtesy, Li Aiqing, thank you for your hard work."
"Thank you, Your Majesty," Li Beiyang stood up and pointed to a middle-aged man behind him, "Your Majesty, this is Mr. Cai Changcai from the Ryukyu Islands. His ancestral home is Penglai. He is the first envoy of Ryukyu Province recommended by the minister. Please review it. Decision,”