"Such an approach is of course very imprudent, but it is not possible for us to build up the Procuratorate's team - there is a shortage of people!" Ma Jia said and glanced at Shen Ruiming meaningfully, "So the arbitration The court’s opinion is that general criminal cases are directly submitted to the national police for prosecution. Major cases, especially those involving the death penalty and cases with great social impact, still have to be prosecuted by the prosecutor’s office.”
The so-called prosecutor's office is completely a dummy organization. At present, the prosecutor's office is not taken seriously. When the prosecutor needs to prepare more rigorous prosecution materials, the veteran of the Ministry of Justice will come to act as a temporary one. There is only one so-called office in the Ministry of Justice. There is no email number, not even an office or full-time staff.
Shen Ruiming was originally eager to try to put up a front for the Supreme People's Procuratorate at the seminar - in order to become the dean of the Supreme People's Procuratorate - but he did not expect that Ma Jia killed the Supreme People's Procuratorate first.
Shen Ruiming wants to fight for the position of president of the Supreme People's Procuratorate because in the Law Society, it seems that everyone is in harmony and strives for "ruling the country according to law", but in fact, internal sectarianism still exists. He graduated from "Five Colleges and Four Departments" The members of the Law Society are completely different from the law students from other institutions. Although Ma Jia trusts An Xi very much, he only treats him as a handy handyman. When it comes to top-level design, he often only Discuss with members of the "Five Houses and Four Departments". Shen Ruiming is not from the Five Houses and Four Departments, but he is a special case in this inner circle. The reason is naturally because he is one of the few regular members of the Law Society. Erba has been a lawyer.
But his diploma from the Maritime University Law Department is a flaw. So basically there is no chance for these "unruly people" in the Supreme Court.
Judging from the scarcity of elders in legal circles, it would not be a problem for law students from the Adult Education College of Erben University in a place like Anxi to establish a sect in the legal profession, but the top position would undoubtedly still be occupied by the "five" Controlled by people from the "Fourth Department of the Inspection Institute", Shen Ruiming thought of saving the country by taking a curveball, and set his sights on the position of the highest procuratorate. Now that no one took the procuratorate's business seriously, he went to pick up this leak.
"Our current main problem is the low quality of judicial personnel - as we all know, law is a very profound and comprehensive subject. In the past, students who had received twelve years of formal education were selected by the college entrance examination and then passed four years of In order to truly engage in this industry..."
The vest did not say what the current situation is. This is known to everyone. The general consensus among the elders is that if naturalized citizens can reach the level of sixth grade primary school graduates in the old time and space, they will be highly coveted high-quality talents. And in the judicial field, The judiciary has been suffering from a long-term shortage of manpower. Except for a small number of naturalized civilian cadres engaged in administrative work, there are very few naturalized judicial personnel, and their quality is even worse.
Now, in terms of manpower, the human resources department has opened an opening, and permission for internal organizational adjustments has been issued. However, it is almost impossible to cultivate enough judicial personnel in a hurry - regardless of whether they are qualified or not -.
Shen Ruiming hurriedly said: "In response to this situation, my opinion is to produce a set of guiding cases similar to Zhu Yuanzhang's "Da Gao" for reference by naturalized civilian judges."
As he spoke, he took out a thick manuscript from his wallet.
"This is a collection of various cases that I have collected during the circuit trials over the years, and also provides a detailed explanation of the specific judgments. Our previous legal compilation was lagging behind, and there was confusion in the application of legal provisions in specific trials. So this time in Jeju Island I revised it based on the newly promulgated legal provisions."
This is Shen Ruiming's treasure - unlike many elders of the legal academy, although he is not from the Fifth Academy or the Fourth Department, he is a serious lawyer who has much more practical experience and experience. So I started compiling this casebook very early.
"Wait a minute, I remember we distributed a guiding case manual, including to the police." An Xi finally found a chance to speak after his opinion was completely rejected.
"The case selection effect of this book is quite good. Naturalized civilian cadres can get started much faster. It is easier to follow the same example than to make those provisions for us. However, the manual is mainly to cooperate with the practical operations of the national police. The content focuses on public security law and criminal law, with a small amount of civil law involved." Ma Jia said, "As a guide for judges, it is too technical."
"Our legal science is actually all-encompassing." Shen Ruiming took a sip of tea, "So my next step is to compile a set of guiding cases instead of a book. It turns out that the audience of that book is mainly the naturalized citizens who are in charge of public security. The new series of books includes a wider range of content, covering civil, commercial and other litigation cases that are common in this time and space. One can serve as a model for current naturalized citizens, and two, it can serve as a teaching material for future law students. Kill two birds with one stone. ”
"What Xiao Shen said makes sense," Ma Jia nodded and smiled, "It seems you came prepared."
Shen Ruiming hurriedly said: "I have also considered that these grassroots trials cannot always be done by our elders personally - moreover, the power of inspection cannot always be entrusted to the national police, and sooner or later it will have to be taken back. But this package of things needs to be If you leave it to the naturalized people to do it, you can only let them draw the same picture - to be honest, if you can draw the same picture, it will be very good."
Ji Xin said: "The compilation of legal provisions is nearing completion, and there is no need to compile or revise any new legal provisions for the time being. I think colleagues from the Law Society can turn their energy to this aspect. In addition, cases are relatively easier than legal provisions. Rewriting, we have now accumulated a large number of judicial documents and files, and we can ask elders who have time and interest to help."
Dong Shiye also said: "In our education department, including myself, there are several elders with certain legal experience. There is no problem in relying on the original time and space data collection." Dong Shiye, a member of the non-judicial department, is certainly not so active just to imitate Lei Feng. : On the one hand, there is nothing wrong with doing something easy and rewarding in addition to teaching. On the other hand, almost every elder has dabbled in the things mentioned in this book, and it is a good thing to have the endorsement of the Law Society and the Arbitration Tribunal. But not often.
The meeting lasted until late at night. In addition to detailed discussions on the design and planning of the legal system and guiding case law textbooks, there was also the issue of training judicial naturalized citizens. The latter was more controversial and decided to find another time for the meeting. After the meeting, everyone went their separate ways. After leaving, Shen Ruiming said goodbye to the others, then walked around in a circle and returned to the venue, where Ma Jia and several colleagues from the Law Society were waiting for him.
This is a small meeting of the inner circle of the Law Society, and the discussion naturally belongs to the content of "top-level design." Because it inevitably involves the content of "struggle for power and profit," the discussion is basically limited to the small circle.
This discussion is still centered around the positioning of the Ministry of Justice. After the launch of the mainland strategy, the Ministry of Justice has been fully expanded, and the original unclear and even confusing functions and power positioning also need to be clarified.
In the original time and space, the Ministry of Justice was a very strange department. In name, it was an agency specialized in legislation under the highest administrative organ. But in fact, all other departments had administrative and legislative powers. In the end, the Ministry of Justice could only be reduced to a useless thing that only focused on the judicial examination. , in this time and space, Ma Jia also has similar worries: Although the jurisdiction of the Ministry of Justice is very large in theory, even the Supreme Court and subordinate courts at all levels, which are generally independent institutions, are also under the jurisdiction of the Ministry of Justice. There are many "matters involving law". It means "belonging to the Ministry of Justice". However, the specific functions and powers are unclear, and the subordinate agencies are not only arbitrary, but also mostly fictitious.
Shen Ruiming got straight to the point: "Ma Yuan, I have carefully checked the existing information. The matter of the Ministry of Justice seems to be unsolvable at present." This sentence did not surprise Ma Jia, and he calmly signaled to Shen Rui. Ming continued: "Although this plenary session has made institutional reforms, the core problem has not been solved: the Senate itself is the highest authority, and almost all of the senators have administrative positions, which means there is no difference between legislative and administrative powers. It is unrealistic for the Ministry of Justice to do anything under this model of separation."
"Don't rely on old experience on this issue. This time and space has special characteristics..." Ma Jia said while thinking to himself that this is really a scholar's opinion! He knew very well that the upper-level Senate's views on the law were entirely in the tone of "instrumental theory". Regardless of whether they are Wen Desi or Ma Qianzhu, although their concepts are different, their attitudes towards the law are surprisingly consistent. That is, they sneer at "judicial independence."
Shen Ruiming looked at him and immediately understood the meaning of the vest. He went on to say:
"In the original time and space, the Ministry of Justice had similar embarrassments to us. I don't think it makes much sense for us to continue to struggle with the Ministry of Justice. It will be like this under the Senate system. It is better to start from scratch." Shen Ruiming poured a cup of tea for Ma Jia. , poured himself another glass, "The system of the Senate is similar to the expert meeting in Iran, but there are specialties in the field. Obviously it is impossible for everyone to be a legislative expert. Do you still remember the motion proposed by Lu Xuan?"
"Are you talking about the legal committee that is responsible for setting up TG?" Ma Jia subconsciously objected: "The legal committee's powers are too great. It has the power to review bills. Now we just want to arrest him without being sprayed to death. In the end, we didn't get the meat, but instead caused trouble. All sexy."
As he spoke, he shook his head. Although people in the legal field have professional advantages in constructing power systems, many of the elders are extremely sensitive to power. It is not easy to save the country by playing tricks to seduce Chen Cang.
"As expected of the Ma Yuan, you can see the problem at a glance." Shen Ruiming flattered him first, "Everyone in the Senate is an expert, so naturally they don't want anyone to 'discuss' their proposal, but the Senate is here Designed to be the House of Lords…”