Two hundred and fortieth chapters remove the old cloth new (3)
Shen Ruiming already had a clue in his mind. He stood up immediately when Liu Xiang called his name. Liu Xiang waved his hand and said, "You can sit down and talk. We are all gay."
"I'm new here, so I don't know much about the local situation..." Shen Ruiming said modestly, "As far as the judicial field is concerned, I also plan to follow the principle of 'dividing one into two and treating them differently'."
By this time, he had already typed up all the manuscripts and started to speak fluently: "What I mean here is to divide the upper and lower levels into two parts for judicial processing.
"To be specific, for the middle and upper-level people of Guandi Temple, we should seize several major and recent cases, ensure that the witnesses and material evidence are complete, the judicial procedures are complete, the trials are fair and the judgments are public, and the procedural evidence is impeccable; for the lower-level people, , adopt the Ma Xiwu Trial Method, and conduct a summary trial based on public opinion on the premise of understanding the truth."
These words were spoken by a member of the Law Society, which made the elders uncomfortable. Because the keynote of the law society is "ruling the country according to law", it has always been abhorrent to manipulate public opinion and influence trials.
Seeing that everyone was a little confused, Shen Ruiming explained: "The so-called Ma Xiwu trial method is to go deep into the grassroots level, investigate and research, and understand the case realistically; the second is to respect the opinions of the masses, that is, to consider social public opinion; the third is to It is convenient for the masses to litigate, the procedures are simple and informal; the fourth is to adhere to principles, act in accordance with the law, and be honest and fair
“Needless to say, the first and fourth points are the so-called ‘based on facts and the law’; the second point focuses on ‘respecting the opinions of the masses’; and the third point focuses on the simplification of litigation procedures.
"Everyone knows very well that we are now in the stage of 'conquering the world' and lack qualified legal talents. If the case of the Guandi Temple people is to be carried out in full accordance with the formal judicial process, the case of so many people will be difficult just in the process of collecting evidence. Countless manpower and material resources have been spent, and the trial process will not be completed even after the end of the year. Moreover, many of the criminal acts here do not actually meet the sentencing standards according to the law. At most, they are in the category of public security penalties..."
His words immediately received a nod from Mu Min.
"However, it is obvious that the Guandi Temple people have harassed and extorted Guangzhou citizens for many years, and the impact has been very bad. If we cannot bring these people to justice due to legal restrictions, it will be difficult to receive a trial if they are given a formal sentence. publicity effect.”
In the final analysis, the ultimate purpose of this trial is to "propaganda." If a simple, clear result cannot be produced that satisfies the masses, the publicity effect will be greatly reduced.
"So we don't need to be obsessed with the legal process for the judicial process at the lower levels of the Guandi Temple. We can use a simple process, similar to a mass meeting. At the meeting, the victims can actively come to the stage to report their complaints, and then go to trial. This approach The first is to comply with public opinion, and the second is that in the fanatical atmosphere, many victims who dare not speak out or have doubts about the past will come forward to report, which can make many old cases uncovered and ensure that people who are angry about murders will not slip through the net. ―If legal procedures are followed strictly, these cases will simply sink into obscurity.”
The reason why Shen Ruiming advocated the introduction of Ma Xiwu's trial method was not a whim. The actual judicial department also used certain principles of this trial method in circuit court trials. In the current social environment, the Senate has no perfect laws. Articles and legal concepts, but there is a lack of legal talents capable of implementing these concepts. A perfect legal system is just talk on paper.
Therefore, they tried to use the simplest and easiest-to-understand laws in judicial practice, simplifying the terms and using "reasons" instead of "legal principles" in some cases. This is also the reason why Liu Bang's three chapters of the law were successful. After the war, resources were scarce. , people’s hearts are undecided, and the rules of the game are best to be clear and quick.
Thirdly, the political, economic and cultural level of this time and space is relatively backward, and the cultural quality and litigation ability of the people are very low. Simplifying the litigation model will help reduce the people's litigation costs. It will also help reduce their fear of lawsuits.
Liu Xiang nodded frequently after hearing this. This set of arguments appealed to the appetite of his group of administrative people. Everyone immediately had a good impression of this veteran of legal studies who suddenly came to Guangzhou to intervene in several major cases. They felt that he was "similar to Ma Jia and the others." It's not the same thing." After the meeting, Liu Xiang left Shen Ruiming alone to talk.
Liu Xiang first congratulated Shen Ruiming on his promotion to Attorney General. Then he turned the topic to official matters. Shen Ruiming was also very knowledgeable and praised Guangzhou under the rule of Mayor Liu. "It has taken on a new look, and great progress has been made both inside and outside the city."
The polite words were over and we turned to the main topic. The content of Liu Xiang's conversation was to ask him to try to connect the Jin gentry with the witchcraft case.
"...It can be said that the witchcraft case is related to many Jin gentry in Guangzhou. However, most of the clues obtained by the police station can only be connected to the people of Guandi Temple. How to connect this line to the Jin gentry? As a Prosecutor General, do you want to come up with a plan?"
Cold sweat broke out on the back of Shen Ruiming's neck: Mayor Liu is going to build a big prison!
However, he did agree that the Jin gentry should be severely punished through this huge case. After all, the Senate occupies the moral high ground in cases like witchcraft. The Jin gentry who were overturned in this case can be said to never be able to stand up again. , as long as the evidence is conclusive, no matter how many years it takes, it will not be washed away.
However, if the police station did not find enough evidence, it would be too unreliable to rely on him, the prosecutor general who has not yet taken office, to frame charges. He thought for a moment and said:
"First of all, I think the word 'witchcraft' should be downplayed in our external propaganda."
"Why?" Liu Xiang felt strange.
"Because the crime of witchcraft does not exist in our criminal law. Convicting people on this basis is inconsistent with the law." Shen Ruiming said, "Looking at the case of Maojia Inn, the main crimes involved in this case are: intentional Murder, kidnapping, human trafficking, illegal detention, intentional injury...these crimes all exist whether according to the Ming Law or our Criminal Code. From the perspective of governing the country according to law and publicizing the law, more emphasis should be placed on this case cruelty and ignorance, rather than making a fuss about 'witchcraft'."
"It makes sense." Liu Xiang nodded and suddenly asked, "Are we guilty of rape?"
Shen Ruiming was stunned for a moment, thinking that Mayor Liu's mind was moving very quickly. He said: "There is no crime of rape, but we have *********. Is that enough?"
"The problem is that there must be evidence..." Shen Ruiming shook his head and said: "The trial is about one's own merits without regard to the heart. Even if the Guangzhou Jin gentry had the intention to oppose the Senate, the evidence found so far is not enough to conspire to subvert the Senate. Only by proving his involvement in the Maojia Inn case will we be able to bring him to justice."
"So there's nothing you can do?"
When Shen Ruiming saw that he looked bad, he quickly said: "It's not completely impossible. This requires further collection of evidence. It doesn't matter whether there are witnesses or physical evidence, as long as there is evidence, it will be easier." He mentioned the word "person witness". He emphasized his tone and then added, "If the public anger of these people is strong enough, they can set off a storm of public opinion, engage in mass movement-style revelations, and uncover old historical accounts and old murders..."
Liu Xiang shook his head before he finished saying this: "I have thought about this method! But there are so many families among them who are the so-called heirs of poetry and rituals. Their methods are hidden and their reputation is very good! The middle and lower class people are bewitched by them. We think I'm afraid it's a bit far-fetched to carry out a campaign-style liquidation."
There is one thing Liu Xiang did not say clearly, that is, the Liang family, who was included in his blacklist, has always been the "friend" of the Australians in Guangzhou. Now that Guangzhou has only been liberated for half a year, it would be unavoidable to use social movement-style methods to accuse the Liang family and force them down. The suspicion of "burning bridges across rivers" would be detrimental to future national conquests. Therefore, he was particularly concerned about "reasonable and legal".
Shen Ruiming saw Liu Xiang's frown and knew his difficulty, so he comforted him: "Don't worry, within the existing legal framework, we will definitely cooperate with the work of the Guangzhou Municipal Government. After all, this is also the Ministry of Justice in mainland China The first shot was fired." The implication was to unite the front with Liu Xiang and communicate and resolve any problems together.
The two parties further communicated on work cooperation and other matters. Shen Ruiming did not mention the specific trial methods, nor did Liu Xiang ask: This is an internal matter of the Guangzhou Municipal Court and is left to Shen Ruiming and Liang Xinhu. When it was time to say goodbye, Shen Ruiming Ming suddenly remembered something and turned around to ask Liu Xiang: "We still need one more judicial staff member for this case. I personally hope it will be a female veteran, who can only work part-time. The next step is to carry out recruitment and training of judicial naturalized citizens in Guangzhou. We can attract female indigenous people to participate. I wonder if you have any candidates here?" Liu Xiang thought for a moment and said, "Zheng Shangjie has been busy with industrial and commercial integration recently, and Mu Min has a lot of cases, so it seems that she can't help."
"That's it." Shen Ruiming was a little disappointed, and after thinking for a while he said: "I remember Zhang Yunmi seems to be your secretary, right? Can she come to help?"
The reason Liu Xiang didn't mention Zhang Yunmi just now was because he felt that the latter was too young and would be too embarrassed to take on such an important case: "Isn't that bad? She is still too young. This case has all the dark side. I'm afraid the pressure will be too great."
"Hey, it's okay. She is not a child anymore. Besides, as a veteran, you should also see more big scenes. If there is any problem, I will handle it." Shen Ruiming looked very heroic.
Liu Xiang suddenly became alert: Doesn't this kid have any thoughts about Zhang Yunmi? Although Shen Ruiming is 1.85 meters tall and looks like he has a lot of muscles, he is still not good enough compared with those German sticks who exercise every day. of.
In fact, Shen Ruiming still prefers the big Yangma with a curvy front and back, and has no interest in Sister Zhang's love of showing off.
Liu Xiang thought about it again and again, and felt that there was nothing wrong with Shen Ruiming's remarks. He was not willing to offend him at this time, so he agreed to the matter.