On the day of the trial, women from all over the country came to the main camp of Jiujiang Daxu. Although the trial was not about Huang's divorce case, other cases also greatly satisfied the villagers' mentality of eating melon, which was enough to feed them for one or two years.
Finally, the conversation was over. After completing the epidemic investigation, the medical team that went to the countryside with the county magistrate also held a free clinic outside the camp. It was so lively that some people who didn't know it thought a new local market had opened.
Zhang Xiao was greatly excited by such a scene. In his opinion, the more people coming, the better. This is not only a "law popularization", but also a great opportunity to subtly introduce new concepts and new ideas to the masses. So his "download"
In addition to inspection and investigation, "township" also has a certain degree of "performance".
County Magistrate Zhang does not think that his "performance" is nonsense. Many new things and new ideas will be difficult to spread if there is no event that can bring a strong impact to people. Just like the opening of the railway in the past, extremely
It greatly shocked the people in remote areas and created huge cracks in their worldview. This was more direct and effective than a few rural teachers giving lectures with flip charts and textbooks.
So this time there were not only the opening of circuit courts, free clinics by the medical team, but also a puppet show performed by a literary and artistic group. After the liberation of Guangzhou, some artists were transferred from Lingao to Guangzhou, and a group of artists were recruited locally to form a
He joined the Guangzhou Puppet Troupe. However, he changed the original Lingao dialect singing to modern Cantonese opera singing.
Facts have proved that in an era when literary and artistic activities were extremely scarce, this kind of "localized" transformation was very suitable for the environment. This "Cantonese Opera" puppet show, which was born in advance, quickly became very popular. It was performed every day in Guangzhou and it was hard to get a ticket.
The original troupe quickly expanded and was divided into five or six performance groups, performing various "new plays" everywhere.
In order to prevent literary and artistic groups from being "rigid" after being fed by the emperor for a long time, the cultural and publicity department recently issued a policy that former cast members of the Guangzhou Puppet Troupe can leave their jobs on their own and "go to sea" to form a theater company. The person who came to Jiujiang today was one of the theater companies to perform.
Naturally, the plays are all new plays written by Wen Xuankou. Among them is "Spending Money" which promotes the freedom of marriage - it is actually changed from "Luohan Qian".
Zhang Jiayu feels very fresh about these things. The status of local folk art dramas is not high in traditional society. Although there are plots of "loyalty, filial piety, justice" and a certain "educational" significance, for the government, they are still considered more
"Teaching obscenities and instructing thieves" often suppresses opera performances. Sometimes just to show their "righteousness", local opera troupe actors and actresses are imprisoned and flogged.
People like the Australians not only imposed no restrictions, but were "government-run" with great fanfare. They also encouraged the organization of new drama clubs and performed everywhere to promote their own ideas. This had a great impact on Zhang Jiayu.
In the view of traditional literati like Zhang Jiayu, educating the people means gathering in a serious manner at county schools, government schools, or even at the yamen gate, where officials or local scholars preach loyalty, filial piety, justice, and justice. Only in this way can "property" be reflected.
It is really incredible that Australians use such means to "educate". However, the content of this performance is all about various deviant theories promoted by Australians, which can be regarded as complementing each other.
Zhang Jiayu looked at the busy people around him and found everything new and strange. Wandering around the camp and Jiujiang, he had to check out and ask about anything new he saw. Zhang Xiao also ordered the relevant personnel not to impose any restrictions on him.
He travels a lot and can answer all his questions truthfully as long as they don't involve secrets.
Zhang Jiayu only felt that going to the countryside with Chief Zhang was really better than her life experience in the past ten years! This undercover job was really worth it!
He was particularly interested in Liang Xinhu's training for naturalized civilian judicial cadres. Because the judicial department needs a very large gap in professionals, but this kind of training is relatively long and cannot be achieved through short-term surprise training. Therefore, relevant training
It is carried out on a rolling basis. With the old naturalized civil judges and prosecutors as the core, they are divided into study groups, and the newly recruited students are assigned to the groups. Each group has no more than five people. The old people lead the new ones.
Combination of classroom learning and practical observation.
After entering the study group, trainees do physical exercise in the morning, and then explain laws, regulations and judicial concepts. In the afternoon, they go to various courts to observe trials. In the evening, they write down their experiences and have Lingao's new social concepts instilled by the group leaders.
After three months of study, they worked as a group and followed the circuit courts to "handle cases" in various places. While handling cases, they learned at the same time.
This time, Liang Xinhu personally led the circuit court team, so there were several more study groups. As soon as they arrived at the camp in Jiujiang, they began to teach and train - seizing every minute. This is a common feature of the work of the veterans.
Zhang Jiayu also came to "listen". Compared with traditional Chinese justice, Australian justice is completely different. Before Zhang Jiayu came to "undercover", he also went to the Australian court to "listen". He and ordinary people "watch the excitement"
What’s different is that we don’t simply regard these as “overseas anecdotes”. Instead, we want to know the inner spirit of them.
"... Let's continue the class. Everyone, turn the book to the third page. Now I will explain the philosophy of our legal workers in the Song Dynasty." Liang Xinhu cleared his throat: "We train judges and prosecutors to implement the basic strategy of governing the country according to law.
The urgent need. The reform of the Senate must ensure that all work moves towards the track of institutionalization and legalization. We, the people, are the most important part in ensuring the operation of the law. At the same time, you must also take action to spread legal concepts to society.
Every corner.”
Zhang Jiayu can still understand this passage - it is nothing more than the idea that an official must be honest and strict. This is the advantage of having read a book, and he can understand it faster.
However, he never understood why the Australians wanted to separate the judicial function from the hands of local governors. Admittedly, the benefits of separation are obvious - most local officials are from a civil service background and are not familiar with the criminal law.
It is easy to be deceived by the scribes below.
But after the divestiture, the originally relatively simple local government office had a brand new agency, and according to Australians, this specialized review agency was not under the jurisdiction of the local government office.
Isn’t this just a case of too many politicians? Zhang Jiayu was quite puzzled by this and asked immediately:
"Chief, officials in the Ming Dynasty and the previous dynasties also had judicial functions. How are they different from the judges and prosecutors you mentioned? Why did the Song Dynasty separate their functions? And I heard that the magistrates and prefects did not have jurisdiction over each other, and there were many heads of government.
Isn’t it so inconvenient for local administration?”
"Zhang Jiayu, right? You are not a student, but you listened very carefully!" Liang Xinhu knew Zhang Jiayu's situation and nodded appreciatively: "This is a good question. If you talk about it from the root, you can write several big books.
But briefly speaking, the main differences are as follows. First, the traditional local officials are in charge of both administration and justice. It is easy to abuse judicial power in order to complete superior tasks and cause unfair trials.
The Song Dynasty emphasized the separation of the two to avoid the problem of abuse of power. Secondly, most scholars in the Ming Dynasty only read the Four Books and Five Classics before becoming officials.
You have to hire a famous criminal master, which is not only unprofessional and prone to mistakes, but also causes problems such as being ignored by the master. Therefore, the legal education we promote strives to be professional and authoritative."
"The last point is also the most important point." He paused and strengthened his tone: "The purpose of the Ming Dynasty's officials is to rule the Ming Dynasty emperor. As long as they can get along on the stage, they will not care what happens to the people. And
The judges and prosecutors of the Senate of the Song Dynasty exist to protect the interests of the Senate and the people, whether they are rich gentry or poor households."
Speaking of this, Liang Xinhu also became interested. He began to talk about some judicial systems of the Song Dynasty that have been lost in later generations.
Although these systems are from the Song Dynasty, they are quite advanced in terms of their legal ideological advancement.
"The first is the sealing system," Liang Xinhu said. "As far as I know, this system is unique to the Song Dynasty..."
Sealing refers to the fact that when judges in the Song Dynasty tried some cases of minor crimes (less than a cane), they usually put the judgment into a box and temporarily not executed it based on certain considerations after making a penalty judgment (such as eighty canes) to the criminal.
The sentence imposed is actually a probation system, sometimes also called "send the stick", "kanzhang", "kanxiazhang". If the offender can repent of his past mistakes, the penalty will no longer be executed; if the offender does not want to repent, the penalty will no longer be executed.
Then open the box, take out the judgment, and execute the punishment. This is called "breaking up."
"...It's a pity that after the late emperor threw himself into the sea on Yashan Mountain and the land of China sank, this probation system disappeared without a trace." Liang Xinhu said with regret, "Actually, whether a suspended sentence or not is not the main link. It is the balance between emotion, reason and law.
Consider.”
Zhang Jiayu seemed to understand it half-heartedly. Although he couldn't explain the reason, he could understand the general outlines and secretly experienced the three flavors.
"Come down further and you'll find the 'Jiji Branch'."
Ji means "Jian", which means trial; Ji means "ding Ji", which means prosecution and conviction; "Jian" means the separation of "factual trial" and "legal trial", and its principle is similar to that of a jury in the British and American common law system.
The judge is responsible for confirming whether the crime is true, and the judge is responsible for the application of the law. The criminal justice system in the Song Dynasty generally implemented a division-by-division system, and the judge responsible for the "fact trial" and the judge for the "legal trial" could not be the same person.
"This method is wonderful!" Zhang Jiayu, after all, was well-read in poetry and books, and he immediately realized the mystery of it. "The prison officer pushed for punishment, and the legal officer judged. Each has its own secretary, so it is to prevent adultery."