Two hundred and twenty-two crime of destroying military marriage
Section 222: Crime of sabotaging military marriage
Fu Fu quietly followed Fu Yizhuang, preparing to show him some color in a deserted place to avenge the abuse he had suffered all the way. Suddenly he thought that his hair was too conspicuous, and he knew it was for the chief at a glance.
They were on duty, so they picked up the broken straw hat and put it on when there was no one on the street, and followed them quietly.
Fu Yizhuang knew that someone wanted to settle accounts with him, so he was walking in front with a hoe. Fu Fu picked up a wooden stick halfway along the way and followed behind quietly - he had learned some reconnaissance tactics in the army - and took advantage of the situation.
Fu Yizhuang walked to the irrigation canal, and when there were trees around him to block the crowd, he unexpectedly pounced from behind. He picked up the stick and hit Fu Yizhuang firmly on the back. He immediately hit Fu Yizhuang on the back.
He got into a tizzy.
Fu Yizhuang didn't expect that someone would attack him. He fell to the ground and before he could scream, he was hit with seven or eight sticks. He couldn't help but shout "Hero, spare your life!", but it had no effect. The other party kept silent and said a series of words.
The sticks fell wildly, beating him until he screamed and crawled on his hands and feet to escape. Fu Fu kicked him hard on the leg, and Fu Yiqiang screamed and rolled into the drained irrigation canal.
Stuck in the mud and unable to move.
Fu Fu saw Fu Yizhuang rolling in the mud and whining, and felt a bad breath. He hurriedly ran away before anyone came over - it would be a big deal if someone found out and reported it to the political office. Beating the common people would be a big deal.
The matter is a serious violation of discipline.
Fu Yizhuang received a beating for no apparent reason, and finally managed to get out of the mud. He begged for help before he could go back. Most of the people in the village watched the fun, but no one cared about who was beating him - Fu You
The three families were the richest people in the village back then, and they had many festivals with the villagers.
Li Xu came back from Meiyang Village to the Law Club, and was currently preparing for the opening of the court. Because the case had to be fully "political", the small case became the focus of the Senate. Not only the military system, but also various other systems.
Each expressed their own opinions.
After fully understanding the opinions of the elders, the Law Society believed that this case met the conviction standards of the Ming Dynasty Code. However, in terms of the crime, everyone agreed that the crime of "breaking military marriage" should be introduced instead of "adultery".
"The prosecution must be based on the crime of destroying military marriages, not the crime of 'adultery,'" Dong Shiye, the president of the Dongmen City Summary Court, emphasized this point. "Ethical criminalization is not in line with the direction of legal development. Passed
In this trial, we want to instill a new legal concept into the people."
The concept of destroying military marriages is a completely new concept for ordinary people - the social status of soldiers in ancient times was extremely low. Once the concept of "protecting military marriages" came out, it had a great effect on improving the social status of soldiers.
Some people have raised the issue of legal retrospection. "Destruction of military marriage" is a provision of the Marriage Law. The Marriage Law has not yet been announced. Even if it is announced now, the case occurred before the law was announced. If the prosecution is based on the marriage law of time travellers, then it will be
It is equivalent to saying that the laws of time travelers have retroactive effect, and the law club will be in chaos when they copy the laws again.
The case being tried is a case of destroying military marriages. If this case is to be tried, according to the principle of leniency and leniency, the prosecution can only be based on the crime of adultery according to the Ming Dynasty Law. The verdict at most is in accordance with the "Ming Dynasty Law", "ninety sticks".
If this was the case, first of all, the veterans of the military system would not agree. Secondly, everyone felt that if the crime of "destroying military marriages" could not be introduced, the effect of changing customs would be greatly reduced.
After some nonsense, everyone finally reached a consensus and charged him with "destroying military marriage." As for the marriage law, it must be announced immediately.
"In addition to following the "Da Ming Code", can we also follow the "Ausong Code"? We don't say that this "Marriage Law" was formulated by us," Zhou Dongtian said, "We just say that it has always existed in the Australia and Song Dynasties. Now Lingao belongs to
'Ao Song', the law of Ao Song can also be regarded as having jurisdiction."
This statement is really a bit reluctant, but it can only be used to justify it.
Regarding the specific content of the judgment, Xu Xu believes that as a case in the transitional period for the establishment of the judicial system and paving the way for new laws, a more compromise judgment is appropriate, especially considering the need to balance the sentiments of some elders and promote the steady establishment of the legal system.
"From the perspective of the social effects this case will achieve, a trial that initially embodies the judicial system of the new country is very meaningful, and some systems in the procedural law to be formulated in the future need to be used in this trial. As for sentencing,
I personally feel that the death penalty and life-long hard labor are too harsh. Moreover, a sentence that is too extreme will be detrimental to future legislative work - would it be more appropriate to have a prison sentence plus forced relocation and local supervision after serving the sentence?"
"We have no objections, but the navy and military seem to have a tough tone." An Xi said uneasily, "Chen Haiyang and Ming Qiu don't have any specific opinions. Some of the veteran officers below are very enthusiastic, and it is said that President Wen also supports them.
"
"Mr. Wen didn't express his position at all in formal occasions," Dong Shiye said. "He just said things like 'Kill the adulterer on the spot' in private."
"These words are quite charming..." An Xi said.
Zhou Dongtian snorted: "Master Qingtian, the strong orders and wise leaders are the most harmful to the judiciary!" He stood up and said loudly: "We are now in a new dynasty and a new atmosphere. But the collective legal consciousness cannot be changed overnight.
It must go through a process of publicity and enlightenment. At the same time, through trial practice, relevant behaviors are sentenced to punishment, which reflects the guiding role of the law. I absolutely do not agree with the military’s views on the sentencing of this case. Since the case must be handled in accordance with the law, then it must be done honestly
We must adhere to the 16-character policy: There are laws to abide by, laws must be followed, law enforcement must be strict, and violations must be prosecuted. Don't use your whims to create a plane that talks about the Constitution. There are hidden dangers! Landmines!"
Dong Shiye coughed and said: "There is no need to impose a heavy sentence at all. As long as it is classified as a crime, it is enough for a normal person to consider with a big head when the small head is congested. I think a sentence of more than three years and less than seven years is enough."
——Especially because of the 'good reputation' of that place. Taking the risk of three to seven years of hard labor***, I think most normal people would think carefully about it. As for sentencing such as the death penalty or life imprisonment, there is no such thing as
It's not necessary. First of all, the status of soldiers in this time and space is very low, and no one will help them if their wives are married. Our legal precedent of "destroying military marriages" is enough to improve their social status; secondly, the poor people in this time and space
The concept of chastity here is far less strong than that of the middle and upper classes of society; in the end, even if they really care, we don’t need to compromise with the local customs and habits—could it be that the patriarch can sink a person into a pig cage with just one sentence?
Do we also need to respect it? We need to make them accept our ideas, make them fear violent institutions, and make them feel that even being sentenced to three months in prison is a lifelong shame. Ideological work and public opinion must be mobilized and take this opportunity.
A clear distinction between us and the old world will make the locals aware of our advanced nature and the backwardness of the old world." Dong Shiye finished speaking in one breath, took a breath, picked up the tea cup and took a sip of water, "In addition, I really want to
Do you know who the prosecution agency is? When did the Senate set up an institution like ***? Does the arbitral tribunal have jurisdiction over both prosecution and trial? The public prosecution agency and the trial agency are in the same department. Isn't this a bit inappropriate?"
"This is not a problem," Ma Jia said. "The Political and Legal Affairs Committee does not control everything."
"I think the police department can temporarily perform the functions of the public prosecution agency. In the early days of the founding of the People's Republic of China, the *** exercised the function of public prosecution. Later, everything was on the right track and the *** was established. According to the current situation in Lingao, in terms of saving resources,
, allowing the police department to exercise its power of prosecution."
Ma Jia thought about it for a moment: "Let's discuss it again. This matter has nothing to do with the police at the moment, so it's not appropriate for them to prosecute. I think we can set up a prosecutor system."
"Office of the Independent Counsel?"
"Yes, that's what it means." Ma Jia said, "It can be permanent, or it can be a one-person-per-case system. Appointment before prosecution, and stepping down after the conclusion, can save manpower. Now there are more pitfalls than carrots."
"Now that the judicial system has begun to be established, the public prosecution system should be established. Especially for the ancient legal system that does not distinguish between criminal and civil matters, it is very meaningful to establish a national public prosecution system." Ji Xin said, "In addition, I propose to create a judicial practice certificate
And so on. Anyone who has obtained a law degree or similar qualification certificate in the old time and space can apply to be a public prosecutor, lawyer or judge. In this way, even if they are not working in the arbitral tribunal's establishment system, they can still appear in court to handle cases at any time. Otherwise, they will be easily criticized.
After all, it has no basis in law.”
After all, the Law Society is just a club in nature. There is no institutional basis for allowing members of the Law Society who are not within the arbitral tribunal system to serve as judges, lawyers, and prosecutors. Therefore, Ji Xin suggested that it should be regulated institutionally. He also proposed
: In order to reflect the authority of the new social legal system and leave the concept of "procedural legitimacy" to the indigenous people, the judicial procedures should imitate modern litigation procedures. Judges, prosecutors, public prosecutors, and public defense lawyers must not be missing. The procedures
Go through them all.
"I agree, procedural legitimacy is one of the basic concepts of modern jurisprudence and must be instilled in naturalized people." Xu agreed, "This is not formalism."
An Xi asked: "Do you want to wear a wig?"
"I have no problem with you having a pound of wool on your head in Lingao, but I won't wear it," Dong Shiye said lazily.
"I can consider the robe, but I don't need the wig. I don't like the smell of the British people." The vest said, "To be honest, I feel too hot wearing the robe."