Liang Xinhu thought that he was a scholar after all, so he really "explained the benefits" in twelve words. He immediately said: "Sir, you are right. Since ancient times, the law of kings has been ruthless. Every word 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 had the system of 'translating the differences and comparing them'."
Zhang Jiayu's interest was already aroused at this time: "Please give me some advice, chief!"
Liang Xinhu said that interrogation and interrogation were a judicial system implemented in the Song Dynasty. Interrogation means reversing confessions; interrogation means separate trials. In the Song Dynasty, defendants in criminal cases could cry out for injustice during interrogation, sentencing and execution.
.Once the case is reversed, the case will automatically enter the separate appeals process.
In essence, "examination of different cases" is actually a judicial mechanism for automatic appeals. Every time a criminal defendant changes his case, he must arrange for another judge to retrial, which costs huge judicial resources and has to endure
Slow judicial efficiency.
"...of course there will be some prisoners who take advantage of the mechanism of "extraordinary examination" to serve their sentences again and again, and are retried again and again, endlessly. In order to avoid this kind of waste of judicial resources, in
A balance must be struck between judicial impartiality and judicial efficiency..."
The method people in the Song Dynasty came up with was to limit the number of times of "interrogation". In the Northern Song Dynasty, the "three push limit" was implemented, that is, the defendant had three opportunities to "examine" three times. After three interrogations, if the prisoner
If you complain of injustice again, the case will no longer be accepted. In the Southern Song Dynasty, it was changed to the "five-push system", that is, the defendant could "explain the differences and investigate" five times.
Unfortunately, after the Yuan Dynasty, this system was completely annihilated. During the Ming and Qing Dynasties, although there were cases of confessions being retracted on the spot and appeals to higher levels being made, there were either harsh restrictions (extraordinary appeals), or the decision-making power for reexamination 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, most scholars will be involved in criminal punishment. However, it is not taken seriously in general. Even if Zhu Yuanzhang has a strong "legal consciousness", he specially formulated the "Da Gao" and promulgated it all over the world. Not only was it listed as an Imperial College
In order to make every household read the textbooks and imperial examination content, it was also stipulated that those who had this book at home could get a reduced sentence. However, after the death of the people and the end of the government, it took only a hundred years. By the Jiajing Dynasty, few people knew about this book, and it needed to be re-authorized by the Ministry of Rites.
Publications are published all over the world. In addition, there are very few books on the market that specialize in this kind of books, and the relevant subordinates regard this knowledge as "secrets not to be passed on." Therefore, Zhang Jiayu only scratched the surface of this and talked about it in general.
It rarely involves specific practices, let alone legal principles.
Liang Xinhu's class did not end until lunch. After a simple lunch, at one o'clock in the afternoon, the first day of trial work in the circuit court began. Zhang Jiayu also went to the court with everyone to observe the trial.
The "circuit court" is based on local conditions. Where conditions permit, it is naturally set up in high-rise and open buildings such as ancestral halls, temples, and old government offices. Where conditions do not exist, courts are set up directly in open spaces such as courtyards and stages.
A common thing.
There are actually many large houses 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 inspections, and tried to choose outdoor venues with larger volumes as long as conditions permitted.
Today's trial was held on a threshing floor in Jiujiang. An earthen platform was piled in the middle to serve as the courtroom, and it was surrounded by a wooden fence. A group of National Army soldiers had set up a cordon along the wooden fence, and more and more people were expected
The people were separated from the wooden fence.
On the empty field, several wooden poles were erected, 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 who came to listen, and the Guangzhou Municipal Government had to
A large number of national troops were mobilized to maintain order. Zhang Jiayu relied on many connections and was unable to enter the court to listen. He only listened to the interrogation process outside through a "wooden chat box."
Today's circuit trial was also crowded with people - for the villagers who did not have much recreational 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 and took their seats in the auditorium, Zhang Jiayu looked over and saw that all the parties involved in the trial had arrived. At first glance, it seemed that there were quite a lot of people awaiting trial. The large area was divided into two teams.
.One side is a "civil case" and the other side is a "public security case". The latter is under police custody.
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-grade black leather shoes from Lando's ship. He looked majestic and upright.
.
This Xie Zhi crown is also called the Dharma crown or 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 Dharma crown. There are decorations symbolizing the Xie Zhi horns. This Xie Zhi is the ancient legend.
It is a mythical beast. It is said that the horns on its head can tell the difference between right and wrong. Therefore, the Law Society specially chose it as the judge's attire.
This crown is made in ancient times. Not to mention that many people don't know it, even most ordinary scholars don't know it. They think it is some kind of "new court uniform system". Zhang Jiayu is well-read and knowledgeable, so he naturally knows it. It's just the robe.
The outfit really made him confused as to which dynasty it was.
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 were making a living in Jiujiang, and the defendant Zhang Cai was the shopkeeper of a small inn on Qian Street. The inn was not big, with seven or eight rooms, and was mostly rented out to small businessmen and craftsmen who made 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 livelihood, it is a small business that cannot be flooded. Zhang Jiayu secretly wondered: What can such a small businessman do?
Is this going to be such a big deal that the officials will move the government?
After asking about the basic information, 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 at first. But after the Australians came,
There was a commotion in the countryside. Chen Sanli was worried that the countryside would be unsafe and 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, when the situation stabilized, Chen Sanli returned to Jiujiang and resumed his old business. Unexpectedly, when shopkeeper Zhang saw that he had run away, he thought he must have died in the rebellion. He had already rented out the house again and just wanted to
Refund the original rent.
Originally Chen Sanli accepted it, but now that the situation is stable and business is easy to do, the rent of local houses in Jiujiang has increased a lot. It is no longer possible to get such a long lease with the original money. Chen Sanli feels that he has suffered a loss.
Shopkeeper Zhang felt that he had escaped on his own, and the remaining rent had been refunded to him, so he confidently stated that he could no longer perform according to the old lease.
Both felt that they were justified and could not stop arguing, which dragged on until now. What was originally a dispute that could be resolved by the people themselves, after several years of fermentation, has become an emotional behavior over money and 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 could speak fairly fluently. However, there was a small businessman and a run-down shopkeeper on both sides of the parties, both of whom had not received systematic education, so their logic was inevitably confusing.
, you have to ask the same question several times before you get the answer.
"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 nearby.
Liang Xinhu then 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 all gave relevant circumstantial evidence.
Witnesses had 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 much about whether there was such a rule, because there were relevant laws of the Senate regarding such issues.
According to the regulations, the case is not complicated and can be applied directly. His purpose at this moment was purely to show the students in the study group how to correctly implement the trial process.
The interrogation scene was very dull, and Zhang Jiayu couldn't help but yawn quietly. This extremely trivial case had to be heard by a veteran in person. The Australian's thoughts were 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 directly make a judgment based on the facts of the case.
The case was not difficult to judge, but he first gave relevant explanations before the judgment. In order for the new judicial concept to take over the high ground as soon as possible, it has become a judicial habit of the Senate to explain the basis for the judgment of the case.
In particular, the background of the "Contract Law" and other types of commercial laws in the original time and space are far from the situation in this time and space, and there are many problems with their hasty application. Although the European commercial law in this time and space has already taken shape, it still has the same problem - it does not conform to the situation in this time and space.
National conditions. However, traditional Chinese laws such as "Da Ming Law" rarely involve commercial law.