Chapter 280: A Meeting of Five (4)

Xu Jichao said: "If you want to make a temporary covenant, it's so easy. There are only eight of us in total, and only five of them have lawyers' certificates, and four of them are all studying international law. ”

Xiao Jianjun said: "I remember that in the old time and space, didn't Doctor Sun come up with a temporary covenant in a few months?"

Xu Jichao shook his head again and again, and said: "That temporary law is basically a simplified version of the U.S. Constitution at that time, and it was all something that Dr. Sun made out of a temporary rush, and it has never really been implemented, not to mention that it was abolished by Yuan Datou after only two years, even if Dr. Sun was in power, it was impossible to get used to it, because of the national conditions and environment of China at that time, it was impossible to implement such a set of laws." If we want to come up with a set of temporary covenants, of course, it is very easy, and we can find a constitution of the old time and space as a blueprint to amend it, and we can make three or four sets of laws in a month, but once this kind of thing is made behind closed doors without considering the actual situation, once it is implemented, it will definitely be full of loopholes and difficult to justify itself, and such temporary covenants will certainly have no meaning. ”

Xia Bohai continued: "Moreover, to formulate a relatively perfect provisional law, it is not only necessary to rely on a few people from the Ministry of Justice, but also to have the extensive participation of other people who travel through it, such as what system we want to adopt, the republican system, the cabinet system, or the constitutional system, what rights and obligations do the people who cross over, how the power organs of the crossing are created, and what is the relationship between the people in the Ministry of Justice, etc., these problems are not at all solved by those people in the Ministry of Justice." ”

Qin Zheng and others listened to it, and they all thought that Xia Bohai and Xu Jichao's words were indeed reasonable, because whether it was the so-called temporary covenant or the common program, it was actually a simplified version of the constitution of the current crossing group, but the constitution of that country could not be formulated in a few years, and there were hundreds of people who participated in the formulation, and it was necessary to solicit opinions widely and listen to the voices of all levels of society, so even if it was a simplified version of the constitution, it was impossible to get it done in a short time.

Xia Bohai continued: "I agree with Lao Qin's opinion, the next step is indeed to solve the legal basis of the Executive Committee, and stipulate the rights and obligations of each traverser in the form of law, and implement the rule of law, but this will set up a transitional time, and before the provisional law is formulated, the current Executive Committee is still the highest authority of the Crossing Group. ”

Qin Zheng said: "So how long is this transition time?"

Xia Bohai said: "We have discussed with the Ministry of Justice, and it has been set for one year. ”

Qin Zheng and the others also nodded, a year is indeed not a long time, and then Xia Bohai said: "During the transition period of this year, the legal basis of the Executive Committee can be resolved, but how to deal with the legal basis in the implementation process, such as how to judge Li Shiyang and these people this time, as well as future civil and criminal violations, as well as corruption and bribery, dereliction of duty and other behaviors, how to determine and judge, this also has to have a temporary method, even if it is an expedient measure." ”

Qin Zheng and Xia Bohai have been old partners for many years, they know his character very well, and they know that Xia Bohai has always planned and moved, seeing that Xia Bohai has said it so carefully, he must have a plan in his heart, so he said: "Old Xia, do you have any good ideas?"

Xia Bohai nodded, I have communicated with the people in the Ministry of Justice, and I think that before the provisional law is formulated, an ad hoc arbitration court can be set up, and 2-3 arbitration judges and about 20 arbitrators can be set up to deal with these matters. The basis of arbitration can refer to the laws of the old time and space, or the current [Great Qing Law], as well as the general concept and practice of morality. The selection of these bases and the final outcome of the trial are decided by the arbitral judge and the arbitrator after deliberation, that is to say, the final decision on how to adjudicate is not based on any law, but by the arbitral judge and the arbitrator. Of course, the terms of the club can be discussed again. However, when the provisional law and other relevant regulations are promulgated, the ad hoc arbitral tribunal will be automatically abolished, and none of the previous cases can be used as a basis for the implementation of the new law. ”

Qin Zheng thought about it for a while, and also felt that Xia Bohai's suggestion was feasible, after all, there is really no legal provision that the crossing group can rely on now, so it can only rely on the rule of man first, and set up a temporary arbitration court, which also has a constraint on the behavior of the traverser, so as to prevent some people from acting recklessly, and the crossing group has no effective legal basis for trial.

At this time, Xiao Jianjun suddenly said: "Have you ever thought about it, if the provisional covenant law is made, will the executive committee be reorganized?" ”

Xia Bohai said: "Of course, now the Executive Committee is originally a temporary body, once a provisional law is formulated, there will naturally be provisions on how the political and executive power organs are formed, and then the Executive Committee will be re-established in accordance with the provisions of the Provisional Law, of course, it may not be called the Executive Committee at that time, maybe it will be called the Politburo or the Cabinet." ”

Xiao Jianjun said: "It doesn't matter what it's called, it's just a matter of name, but what method will the political and executive power organs use to produce it, is it an election?"

Everyone paused, and Xu Jichao said: "It must be an election method, but there are many kinds of elections, including national elections, representative elections, and parliamentary seat elections. ”

Xiao Jianjun shook his head and said: "I'll be honest, I don't have a good impression of what kind of democratic elections are held, not to mention that in the old time and space, the vast majority of incompetent leaders were elected, and as far as our current actual situation is concerned, it is not suitable for elections, I am not coveting the position of executive committee, but it can be said unceremoniously that in addition to our current leadership team, the other people who are now crossing the group cannot bear this responsibility at all, and if a group of people are replaced to lead the crossing group, there will definitely be a big mess." ”

Qin Zheng shook his head and said: "Lao Xiao, I think your thinking has entered a misunderstanding, the reorganization of the executive committee does not mean that it must be replaced, our current leadership team can also participate in the election, so far, although the work of our leadership team is not perfect, but it is still fruitful, and there is still a year to go, if we can maintain this kind of work in this year, I believe that the vast majority of traversers should make the right choice." After more than four months in the past, I think all the traversers should understand that they do not have the aura of the protagonist, leaving the collective protection of the traversal group, relying on one person to fight alone, not to mention wanting to get ahead in this era, even survival is a very difficult thing, so the election of the leading body is not dispensable for them, nor is it a lively matter, but a matter related to the vital interests of each of them, I believe that the vast majority of people will prudently exercise their electoral power. Of course, there are certain people in our group who are radical or rebellious, but I think this is only a very small minority, and the election is not about taking all the voters, but as long as the majority of them are supported, the remaining few can be ignored completely. To put it simply, if we can do a good job ourselves, then after the end of this transition period, our leadership team can completely stay in office. ”

Xiao Jianjun said: "If the final leadership team is still our group of people, then wouldn't it be superfluous to conduct any election?"

Xia Bohai said: "That's not the same, if it is an elected leadership group, it represents the basis of public opinion, not a grass platform that we built in private, and it is also a system that is set down, after all, our leadership team cannot be in power forever, how to produce the next group of leaders, first set the rules, when the regime changes, it is the most likely time to cause chaos." ”

Xiao Jianjun said: "Okay, how to do it, you can do it, as long as you pass, I will support it." ”

Xia Bohai said: "The coming year will be a very busy year, not only to formulate laws, but also to move to Qingdao, in addition to strengthening war preparedness, that is not an easy thing, so everyone must be prepared for hard work." ”

Wang Yunpeng said: "Didn't Zhang Peilun come to Tianjin and say that the countries were ready to negotiate with us? Moreover, on the basis of the current situation, it shows that the countries have already planned to abandon Weihaiwei and Qingdao, and what war preparations need to be strengthened. I am not against building up military forces, but the most important thing for us at the moment is to establish a complete industrial system as soon as possible, so that we can achieve sustainable development. The building of military strength requires a lot of resources. ”

Xia Bohai shook his head and said, "The negotiations have begun, but before the results of the negotiations are achieved, military preparations are indispensable. And we should not think too much about the negotiations, I think the imperialists will not admit defeat so easily, although they have given up Weihaiwei and Qingdao, but they will never be reconciled, I am afraid that they still hope to get some more benefits from the negotiation table, so we must not only make arduous preparations for negotiations, but also prepare for war. ”

Xiao Jianjun immediately said: "Lao Xia is right, only if you dare to fight can you make peace, not to mention that the imperialists will not die, so we cannot relax our military preparations for a moment." ”

Wang Yunpeng said: "Doesn't it mean that after the crisis on the Korean Peninsula, all countries no longer have the strength to launch military strikes against us? What capital do they have to bargain with us? ”

Qin Zheng said: " Director Wang, you despise imperialism too much, I agree with Lao Xia's opinion, imperialism is not so easy to honestly admit defeat, and now Beijing is still occupied by the Eight-Nation Alliance, this is the biggest bargaining capital between imperialism and us, in addition, it is not ruled out that imperialism wants to use negotiations to delay time, so that they have enough time to coordinate internal contradictions, and then launch military action against us, even if the negotiations are successful, we must not relax our vigilance, imperialism is faster than turning a book, so we must be ready for military preparations, ready to fight at any time。 ”