Section 176 Governing the country according to law
Section 176: Ruling the country according to law
"The steward on the ship is dead, but the chief fireman who is piloting the ship is still alive. He said the ship is going to Bar City."
"Bar City?"
"It's Batavia, the land of the Dutch."
"In Indonesia -"
"Yes, they plan to sell the goods there and then transport back the spices they bought last year to sell." Ran Yao said, "Now after checking, there are still twenty merchants alive."
"Is the captain still alive?"
"The shipowner is not on board, and the shipowner's agent-general has been killed by pirates."
"That's good." Ma Qianzhu thought that since this was the case, it would be better to be a little more generous. "If the goods are verified, the goods will be returned. The ownerless ones will belong to us."
"I also think it's better to handle it this way." Ran Yao nodded.
"Just buy the things you need such as pig iron directly - it will save them money and transport them back, and they may be willing to traffic them over in the future."
Ma Qianzhu wanted to just be a good person and do it to the end, and suggested: In order to express the great honor of our traveling group: after verification, it is confirmed that we are sailors on the big ship, not pirates, and each person will be given another one or two silver coins as travel expenses. As for the merchants' goods, we can't find them.
When they arrived, if there were indeed any defects, they were given travel expenses and allowed to hire a boat to go home. Ran Yao, who was responsible for handling the matter, felt that this was comprehensive and everyone's interests would not be harmed, so he agreed one by one.
Ma Qianzhu thought that the matter was over, and went to distribute supplies. Unexpectedly, in the afternoon, a call came to his office.
Unexpectedly, just after the plan for handling this matter was announced on OA, and before it was dealt with, someone wrote to the Executive Committee, requesting that it be dealt with again. Because the difference was too big, Committee Ran Yao could not make up his mind, so he had to report the matter to the Executive Committee.
"What! A court hearing?" Ma Qianzhu was surprised. He said that the Cross-Travel Group has now established a judicial office as a legal policy research department, and occasionally provides some legal policy reference to the executive committee, but it has not been formalized yet.
The public security department basically has the final say as to what kind of court has been held in the Eight Classics. Why is there a court hearing now?
The proposal was put forward by the current Customs Commissioner Ma Jia. The core of his proposal is to "take this matter as an opportunity to establish maritime adjudication power in the Qiongzhou Strait."
The specific measure is to set up a maritime court in Bopu to handle all maritime matters such as pirate robbery in the Qiongzhou Strait; ship capsizing, salvage, cargo damage, ship collision, liability and compensation determination, etc.
Maritime law originated very early in Europe, but it is basically blank in China. Ma Jia believes that this legal system should be implemented in sea areas controlled by the group, which will help regulate navigation trade and maritime transportation along China's coast.
"I admit that governing the country according to law is very important, but what is the use of this set of decorations now?" Ma Qianzhu questioned, "The law must be guaranteed by coercive means to ensure its authority. We do not issue government orders now.
The sea area under our control is only the Lingao coast. Is it too early to implement this system?"
"Chuangchuang Group is based on Hainan Island and Taiwan and pursues a strategy of expanding from the coast to the inland. Therefore, the navigation industry will be our main pillar industry for a long time. From now on, we will improve maritime laws and formulate maritime navigation laws."
and trade standards will be of great help to the future development of the industry! Now we cannot control the entire Qiongzhou Strait, but we can start from the Lingao-Xuwen sea area. Everything always has a beginning." Ma Jia made an impassioned speech at the meeting.
, urged the importance of establishing maritime courts, and of course linked the British maritime supremacy with their earliest establishment of professional maritime courts.
After listening to the report, the Executive Committee adjourned for ten minutes, during which the Executive Committee members held private consultations. This proposal aroused concerns from the Ministry of Maritime Power. Chen Haiyang said that currently, the navy is responsible for unified maritime law enforcement. After establishing this maritime court, both parties
How to divide the power? How to coordinate the work? Will it create a multi-management situation?
"I think this worry is unnecessary." Ma Jia said eloquently, "The Maritime Court is a ruling body and is not responsible for specific law enforcement. The court does not care about arrests and prosecutions. Specific law enforcement is a matter for the public security. The only trouble is coordination.
question."
The Ministry of Maritime Power and the Maritime Court are two systems. How to ensure the effective implementation of government orders is the key issue.
It is obviously impossible to decentralize the law enforcement powers of the Ministry of Maritime Power now. Minimizing the number of agencies and unifying command is the guiding ideology of the Executive Committee for the establishment of agencies. Ma Qianzhu suggested: Since the construction of dedicated security patrol boats has begun, we can
The "Maritime Security Department" is established under the Ministry of Maritime Power, which is responsible for patrolling, anti-smuggling, public security, and fishery protection in coastal areas. It is under the dual leadership of the Ministry of Maritime Power and professional departments.
"The Coast Guard is too bratty, let's just call it the Coast Guard," Chen Haiyang said.
"If you want me to call the Coast Guard, just understand..."
"No, this term is easily confused with the police system." Chen Haiyang flatly refused.
So the Coast Guard organization was established. The original coast guard instructor Gao Xiaosong was appointed as the captain of the Coast Guard. This can be regarded as his return to his own job. In fact, there is nothing in this organization except a letterhead and a seal.
Entity. There is no specific staffing, and Gao Xiaosong is just a name. The whole thing is a nominal organization.
"Why should we set up such a short-term organization? Why not just let the professional departments coordinate with the navy?" Ma Jia asked Ma Qianzhu in confusion afterwards.
"It's easy to coordinate. If you raise your head too high, it's difficult to coordinate." Ma Qianzhu said implicitly.
Ma Jia understands. This is purely to take care of the navy's face. Otherwise, the dignified navy is under the command of the customs or the maritime court - even if it is only a temporary mission, the face of these people will probably not be lost. Set up a sub-department.
When we meet each other, it will be much easier to coordinate.
Ma Qianzhu also had another thought that he did not clarify: the current crossing group is still weak. After they occupy Hainan, Taiwan, and conquer the Southeast Asia, the strength of the Maritime Power Department will expand rapidly. In order to prevent one company from becoming dominant
The current situation necessitates the division of the Maritime Power Department. The current short-term organization can be directly divided when the time comes - it is an international practice for the Coast Guard to establish an independent force, and the Navy has nothing to say.
Gao Xiaosong was chosen to be the captain not only because he is in this field, but also because he is not from the navy. Once the coast guard is separated, it will not be easily influenced by the navy.
Of course, Ma Qianzhu won't tell anyone these things. He believes that most people on the executive committee can see this line of thinking, but there are many things in the world that you just need to understand in your heart, and there is no need to talk about it everywhere.
.
The Executive Committee felt that it would be good to establish a professional maritime court. Since the Customs Commissioner in Majia was idle anyway, we might as well let him set up this court or something. So we agreed to set up the Bopu Maritime Court in Bopu and share it with the Customs.
A set of institutions.
"But I have a few requests. No matter which version of the Maritime Law is to be implemented, I hope that the various departments of the Executive Committee can coordinate." Ma Jia then put forward his request.
"As soon as you have the power, you will carry out the order. Just tell me." Wen Desi smiled.
"First, ships captured during law enforcement operations must first be detained by the Maritime Court. Before the Maritime Court issues a judgment, various departments cannot dispose of them first..."
"Wait, there is a problem." Chen Haiyang asked, "Now the ships captured in naval battles are handed over to the Planning Commission for unified disposal. In the future, they will all be handed over to the Maritime Court?"
"Of course not. What is handed over to the Maritime Court are ships captured during law enforcement operations, such as anti-piracy and anti-smuggling operations."
"It's hard to define this. For example, anti-smuggling, that's easy to say. Public security operations such as suppressing bandits. Zheng Zhilong and Liu Xiang are also pirates, but fighting against these people can't be said to be public security law enforcement operations, right? A giant like Zheng Zhilong,
We have to use all the strength of the country to deal with it."
Ma Jia was speechless for a moment. This definition was not difficult in the first place. However, the status of the crossing group is not clear now, making it difficult to define war and law enforcement operations.
"Don't interrupt for now, let Ma Jia finish. Let's discuss it at the end." Wen Desi said.
The second article is that people captured at sea, including pirates, illegal fishing personnel, smugglers and the like, must be tried and judged by the maritime court before being dealt with. In the past, the crossing group adhered to the principle that no matter who captured the prisoners, they would be considered internal affairs.
The committee handles the matter uniformly.
"There is also the issue of trial, which I'm afraid won't be easy to resolve." Ran Yao slowly spoke on behalf of the House Committee, "It's still the issue of the definition of pirates that we just mentioned."
Most of the executive committee members just feel that it is not the time to introduce the judicial system. Once the judicial system is established, the handling of many things will be complicated. Originally, if a bandit or thief is caught, the police headquarters will directly judge him and send him to the labor camp.
, it can be dealt with quickly and quickly. Once the judicial system is established, it will involve things such as evidence collection, prosecution, and judgment. Even if they do not engage in any fancy work such as prosecution or defense, they are just a routine formality and complete.
It still takes a lot of time to set up the program, which is not very efficient.
Wu De agreed very much:
"I agree to gradually improve our judicial system, starting with the Maritime Court. This is the foundation of our civil affairs system!"
As more and more people are under their control, judicial affairs are also gradually increasing, and there is no shortage of criminal cases and civil disputes. If at least there is a "Public Security Law" drafted by the Ministry of Public Security and criminal cases, it is legal.
In addition to being relatively easy to handle, Wu De now has to deal with the civil disputes of his subordinates every day. Not only does it take a lot of time and energy, but he still doesn't understand the law.
Not to mention complicated and obscure civil laws. Now the judgment is completely based on his own likes and dislikes and understanding of justice. Although he strives to be fair, he still feels a little uneasy.
Civil disputes are complex, involve all aspects of people's lives, and are closely related to people's vital interests. Wu De felt that it would not be a problem to continue to deal with them like this. He wrote to the Executive Committee many times, asking for something to be done.
The executive committee of the civil court system thought it was unnecessary and never agreed. It just sent a few law students to help him.
"I also agree to start building the judicial system slowly now." Dongmen Chuiyu was the one who spoke. He is in charge of Dongmen City's transactions and sometimes has to deal with commercial disputes. He also shares Wu De's confusion.
After some haggling, the Executive Committee finally decided that the jurisdiction of the Maritime Court does not include piracy cases. The trial and adjudication of cases involving pirates are still handled by the police headquarters. The operation of the Maritime Court will be used as a pilot project for the judicial system.
Later, it will be gradually extended to civil and criminal matters.
Although this decision made Ma Jia a little disappointed, most of the powers of the Maritime Court were still approved. It was not satisfactory. However, Ma Jia still got one major power: the executive committee clearly determined that all maritime security and war operations were obtained
The ship must go through a maritime court decision before it is finally handed over to the Planning Commission for disposal. This provision also includes the capture of all items on board the ship.
In other words, the Planning Commission still has to count and record the loot, but it has no right to dispose and distribute it on its own before the Maritime Court issues a judgment.
“Duke Gong, this guy Ma Jia is very unreasonable.” After the meeting, someone whispered in the office of the director of the Planning Commission, “Without your full support, Gong Du, the Maritime Court would not be able to get through today. Ma Jia actually
Take away the right to dispose of the spoils of war as soon as you open your mouth.”
"No matter how you deal with it, it will still have to go to the Planning Committee in the end. The authority to allocate it still lies with the Planning Committee."
"I just don't understand. What's the difference between sending all the spoils to the Maritime Court for distribution and directly accepting the distribution from the Planning Commission? It's a lot of unnecessary procedures!"
"There is a difference. Are we implementing the spirit of governing the country according to law?" Of course Ma Qianzhu knows that this seemingly meaningless method is actually the pursuit of so-called "procedural legitimacy." The essential idea is to gradually use the law to rule the country.
Supersedes executive order.
Just like many regimes in the world, although they have nothing to do with the people at all, they also need a complex set of representative institutions to conduct elections and get some members. Even when our ancient Chinese dynasties changed, it was obviously those with strong soldiers and horses.
In other words, we have to make a routine of being ordered by God. Although it has nothing to do with the law, the idea of pursuing procedural justice is the same.
However, Ma Qianzhu was not very happy about this matter - no one would be happy if part of the jurisdiction was taken away. Originally, he planned to raise an objection at the executive committee meeting, but then he thought about it. Although in the handling of maritime spoils
There is one more procedure, but the specific handling department has not changed, and the final distribution rights of the spoils remain unchanged. The Maritime Court is an empty shelf, just a brand. At this stage, the symbolic meaning is greater than the actual meaning, that is, it stamps a judgment document.
. is a constraint, but not a big problem.
"The maritime court system needs to be developed, and it needs to be made more formal." Ma Qianzhu thought carefully and decided to give in on this issue. After all, he had successfully passed the discussion on the maritime court and successfully established the system in the Ministry of Maritime Power.
This foreshadowing of the Coast Guard, and the divestment of the right to dispose of maritime spoils, also reduced the pressure on the Planning Commission from the Navy in the fight for spoils.
After seeing off this "unjust" guest, Ma Qianzhu was thinking that since he had agreed to establish the Maritime Court, he had to show whether he fully respected the spirit of "ruling the country according to law" or act in accordance with the rules. He called Hou Wenyong and asked him
Handed over a list of various trophies captured in this battle.
"Don't forget to get the receipt." He warned.
The people in Majia were in high spirits due to the happy event and returned to the Customs Building in Bopou - strictly speaking, it is a small building, with a three-story brick and wood structure and an iconic clock tower. Of course, there is no big clock on it.
"Ma Jia, are you happy?" Ji An noticed something strange from his expression.
"There is indeed a happy event, not only mine, but also yours."
So I told him about the establishment of a maritime court by the Executive Committee.
“Now I’m back to my major!”
Ji An suddenly realized that the so-called "not only mine, but also yours" meant that in the future, the title of Customs Commissioner would most likely fall to him.
Although the Customs Commissioner is a second-level leader, he is still the head of the department and can participate in the executive committee meetings. This is much better than the current deputy deputy commissioner.
Ma Jia chose an office in the customs building as the office and court of the Maritime Court. There are probably no cases to be tried at the moment, so it will only be a formality first.
Strike while the iron is hot, first put up airs to pull back the team, and create a fait accompli. This is what the Chinese are best at. The vest is no exception.
As soon as the power was in hand, Ma Jia carried out the order and immediately printed a batch of blank official documents on the Maritime Court's letterhead from Zhou Dongtian, and asked him to engrave a large official seal: the pattern was naturally the old-fashioned sea water pattern with a scale. He
I also added a pair of flying fish patterns with Chinese characteristics. I covered it over and over with blank official paper. I thought this one was much prettier than the one at the customs. I also went to Wu De and chose an indigenous person with beautiful and regular handwriting to serve as a clerk. The writing was formal.
To each department, declare that this unit has been established.
The application for increasing the number of personnel at the Customs was rejected. Although Wu De believed that judicial work was very important, he did not think that now was the time to increase the number of personnel, so he was asked to "persist" and "make good use of the existing customs personnel".
Manpower".
"What manpower does the customs have?" Ma Jia thought that the current manpower at the customs was Ji An. He was a customs declarer, and he could do well in the customs. It would be a bit difficult for him to work in the maritime court. It seems that he still has to work in the "Law Club"
of people.
The documents he needed were quickly sent from everywhere. What Ma Jia was most concerned about was the list of captured trophies from the Planning Commission. After receiving the list of captured ships and trophies from Ma Qianzhu, he read it carefully.