Section 176: Governing the country according to law
"The ship's steward is dead. But the pilot fire chief is still alive. He said the ship was going to go to the city. β
"Right?"
"It's Batavia, the territory of the Dutch."
"There's Indonesiaβ"
"Yes, they're going to sell the goods there and then ship back the spices they bought last year to sell." Ran Yao said, "Now that I check it, there are still twenty people alive. β
"Is the owner alive?"
"The owner is not on board, and the owner's agent has been killed by pirates."
"That's good." Ma Qianzhuo thought that since this was the case, it would be better to be a little more generous, "If you check the right ones, you will return the goods, and the ownerless ones will belong to us." β
"I think it's better to deal with it that way, too." Ran Yao nodded.
"Pig iron and other things that are needed can be bought directly - they will be transported back from the province, and they may be willing to be trafficked in the future."
Ma Qianzhuo wanted to be a good person to the end, and proposed: In order to express the great Guangzheng of our crossing group: after examination, it is confirmed that they are sailors on a large ship, not pirates, and each person will be given another one or two silver as travel expenses. Ran Yao, who was in charge of handling this matter, felt that this was exhaustive, and everyone's interests would not be damaged, so he agreed one by one.
Ma Qianzhu also thought that the matter was over, and went to distribute the materials by himself. Unexpectedly, in the afternoon, a phone call came to his office.
Unexpectedly, the handling plan of this matter had just been publicized on the OA and had not yet been handled, and someone wrote to the executive committee to ask for a new treatment. Because the difference is too great. Ran Yao was never able to do so, so he had to report the matter to the Executive Committee.
"What! A court hearing? Ma Qianzhu was taken aback, saying that the crossing group has set up a judicial institute as a legal policy research department, and occasionally provides some legal and policy references for the executive committee, but so far there has been no serious court. Basically, the security department has the final say. Now how to make a court session.
The proposal was made by the current Commissioner of Customs, Ma Jia. The core of his proposal is to "use this matter as an opportunity to establish maritime adjudication rights in the Qiongzhou Strait".
The specific measures are to set up a maritime court in Bopu to deal with pirate robbery in the Qiongzhou Strait; Vessel capsizing, salvage, cargo damage, vessel collision, liability and compensation determination and all other maritime matters.
Maritime law originated very early in Europe, but China is basically blank on this issue. Ma Jia believes that this legal system should be introduced in the waters controlled by the transit group, which will help regulate the maritime trade and maritime transportation behavior along China's coast.
"I admit that it is important to rule the country according to the law, but what's the use of this set of tricks now?" Ma Qianzhuo questioned, "The law must be guaranteed by coercive means to ensure its authority, and we are now not issuing government decrees in Lingao, and the sea area under our control is only the coastal area of Lingao, is it too early to engage in this system?" β
"With Hainan Island and Taiwan as its starting bases, the Group pursues a strategy of expanding from the coast to the interior. Therefore, the maritime industry will be our main pillar industry for a long time, and from now on, we will start to improve the maritime law and formulate maritime navigation and trade norms, which will be of great help to the future development of the industry! Now you can't manage the entire Qiongzhou Strait, but you can start from the Lingao-Xuwen sea first. There is always a beginning. At the meeting, Ma Jia made a generous statement, emphasizing the importance of establishing a maritime court, and of course linking the British maritime supremacy with the establishment of a professional maritime court in the first place.
The Executive Committee listened to the report and then adjourned for 10 minutes, during which the Executive Committee held private consultations. This proposal has caused concern in the Ministry of Maritime Liliang. Chen Haiyang said: At present, the navy is responsible for law enforcement at sea. After this maritime court is established, how will the powers of the two sides be divided? How to coordinate the work? Will it create a situation of multi-head management?
"I think this worry is unnecessary." "The Maritime Court is a adjudication body and is not responsible for specific law enforcement. The courts also do not care about arrests and prosecutions, and the specific enforcement of the law is a matter for the public security. It's just a matter of coordination that's in trouble. β
The Ministry of Maritime Affairs and the Maritime Court are two systems, and the key question is how to ensure the effective implementation of government decrees.
It is obviously impossible to decentralize the law enforcement power of the Maritime Liliang Department now. Minimizing the number of organs and unifying command is the guiding ideology of the Executive Committee on the establishment of institutions. Ma Qianzhu proposed: Since the construction of special guard patrol boats has begun, a "maritime security department" can be set up under the maritime liliang department to be responsible for patrolling, anti-smuggling, public security, and fishing protection in coastal areas. Under the dual leadership of the Maritime Liliang Department and the Professional Division.
"The Coast Security Department is too little devil, so let's just call it the Coast Guard." Chen Haiyang said.
"If you want me to call it the Coast Guard, just understand......"
"No, it's easy to confuse that with the police system." Chen Haiyang flatly refused.
So the Coast Guard was established. Gao Xiaosong, the former coast guard instructor, was appointed as the captain of the coast guard, which can be regarded as his return to his own work. In fact, there are no entities on this body other than a header and a stamp. There is no specific staffing, and Gao Xiaosong is just a nominal name. The whole is a nominal institution.
"Weishenme wants to set up such a short agency? Wouldn't it be enough to coordinate directly with the specialized departments and the Navy? Afterwards, Ma Jia asked Ma Qianzhu puzzled.
"Easy to coordinate. If you look up too much, it's hard to coordinate. Ma Qianzhu said implicitly.
Vest understood. This is purely to take care of the face of the Navy. Otherwise, the dignified navy would be under the command of customs or the maritime courts, even if it was only for a temporary period of time, and the face of this group of people would probably not be lost. It is much easier to coordinate with a sub-department to coordinate with each other.
Ma Qianzhuo has another layer of thought that has not been clarified: the current crossing group is still weak, and after they occupy Hainan and Taiwan, and pass through the South Seas, the strength of the maritime Liliang department will expand dramatically. In order to avoid a situation where one family dominates. It is necessary to divide the liliang part of the sea. At that time, an empty organization can be directly divided -- it is an international practice for the coast guard to build up its army independently, and the navy has nothing to say.
Gao Xiaosong was chosen as the captain not only because he did it in his profession, but also because his background was not in the PLA Navy. Once the coast guard is separated independently, it is not susceptible to the influence of the navy.
Of course, these Ma Qianzhu will not say it to anyone. He believes that most of the people on the executive committee can see this line of thought, but many things on shijie are just understood in their hearts, and there is no need to talk about it everywhere.
The Executive Committee felt that the establishment of a professional maritime tribunal would also be a good idea. Anyway, the customs chief of the vest is also idle, so just let him go to this court. Therefore, it was agreed to set up a Bopu Maritime Court in Bopu, which shared a set of institutions with the customs.
"However, I have a few requirements, no matter which version of the maritime law is being implemented, I hope that the various departments of the Executive Committee can coordinate." The vest then made his own request.
"Once the power is in hand, the order will be executed. Go ahead. Wen Desi smiled.
"First, a vessel caught in the course of a law enforcement action must first be detained by the maritime court. Before the maritime court has issued a judgment, the departments cannot dispose of the ......"
"Wait, there's a problem with that." Chen Haiyang asked, "Now the ships captured in the naval battle have been handed over to the Planning Commission for unified disposal, and they will all be handed over to the maritime court in the future?" β
"Of course not, what is handed over to the Maritime Court is the capture of ships in law enforcement operations, such as in anti-piracy, anti-smuggling operations and so on."
"It's hard to define. For example, anti-smuggling, this is easy to say. Zheng Zhilong and Liu Xiang are also pirates, but fighting against these people can't be said to be law enforcement actions, right? A giant like Zheng Zhilong, we have to deal with it with all our might. β
The vest was speechless for a while. This is not a difficult definition. But the status of the crossing group itself is not clear now. This makes it difficult to define war and law enforcement operations.
"Don't interrupt yet, let the vest finish. zuihou to discuss again. Wen Desi said.
The second is that persons caught at sea, including pirates, illegal fishers, smugglers, etc., must be dealt with after a trial and judgment by a maritime court. In the past, the Crossing Group adhered to the principle that no matter who captured the prisoners, they would be disposed of by the Internal Affairs Committee.
"I'm afraid that the trial issue will not be solved." Ran Yao spoke slowly on behalf of the Internal Affairs Committee, "It's still the definition of piracy that I just talked about. β
Most of the members of the Executive Committee just felt that it was not yet time to introduce the judicial system. Once the judicial system is established. A lot of things are complicated. Originally, if a bandit was caught and a thief was caught, the police headquarters would directly send the case to the labor camp, and it would be quick to deal with it. Once the judicial system is established, it involves the collection of evidence, prosecution, judgment and other things, even if they do not play any public prosecution, defense and other fancy work, it is just a form of routine work, and it will still take a lot of time to go through the whole set of procedures, which is inevitably not efficient.
Wu De agrees:
"I am in favour of gradually improving our judicial system, starting with the Maritime Court. This is the foundation of our civil system! β
As more and more people under their control came under their control, judicial affairs gradually increased, and there was no shortage of criminal cases and civil disputes. If there is a hastily drafted "Public Security Law" for public security and criminal cases, which can be regarded as having laws to follow and are relatively convenient to handle, civil disputes are completely unruly and have no rules to follow. Wu De now has to deal with the civil disputes of his subordinates on a daily basis. It took a lot of time and energy, and he didn't know the law, let alone the complicated and obscure civil law. Now that he was judging entirely according to his own likes and dislikes and his understanding of justice, he still felt a little uneasy even though he tried to be fair.
Civil disputes are complex, involve all aspects of people's lives, and have a great relationship with the vital interests of the people. Wude felt that it was always a problem to deal with it like this. He has repeatedly written to the Executive Committee to request a civil court system. The Executive Committee felt that this was an overkill. I haven't agreed. He just sent a few helpers to him from the people who studied law.
"I am also in favor of starting to build a judicial system slowly now." He who speaks makes it rain at the east gate. He is in charge of transactions in Dongmen and sometimes deals with commercial disputes. He also had Oude's confusion.
After some haggling, the Zuihou Executive Committee decided that the jurisdiction of the Maritime Court did not include piracy cases. The hearing and adjudication of cases involving piracy remain with the Police Headquarters. The operation of the Maritime Court will be used as a pilot for the judicial system, which will be gradually introduced to civil and criminal matters in the future.
Although this decision was a little disappointing to Ma Jia, most of the jurisdiction of the maritime court was approved. It's not as good as it could be. However, the Ma Jia still received a major power: that is, the Executive Committee clearly determined that all ships obtained from maritime security and war operations must go through the adjudication of the maritime court before they can be finally handed over to the Planning Commission. This provision also covers all the contents of the captured ship.
In other words, the Planning Commission still has to count and compile a record of the spoils of war, but it has no right to dispose of and distribute them on its own until the maritime court has issued a judgment.
"Duke, this kid in the vest is very unauthentic." After the meeting was dismissed, someone whispered in the office of the director of the Planning Commission, "Without your full support from the Governor." The maritime court can't get through it today, and the vest actually snatched the right to dispose of the loot as soon as he opened his mouth."
"No matter how you deal with it, Zuihou still has to come to the Planning Commission, and the assigned authority is still in the Planning Commission."
"I don't understand, what is the difference between this method of taking all the loot to the maritime court and then distributing it, and directly accepting the distribution by the Planning Commission? In vain, many procedures are completely superfluous! β
"There is a difference. Are we implementing the spirit of governing the country according to law? Ma Qianzhu, of course, knows that this seemingly meaningless method is actually the pursuit of so-called "procedural legitimacy". Essentially, the idea is to gradually replace executive orders with laws.
Just like many of the regimes on this shijie, although they have nothing to do with the people, they also need a complex representative body to conduct elections and get some parliamentarians to come out. Even if we change the ancient dynasty in China, it is obviously done by the strong soldiers, and we have to make a routine that is ordered by heaven. Although it has nothing to do with the law, the idea of pursuing procedural justice is the same.
However, Ma Qianzhuo was not very happy about this - no one would be happy to be taken away from a part of his jurisdiction. Originally, he planned to raise an objection at the meeting of the Executive Committee, but after thinking about it, although there was an additional procedure in the handling of the spoils at sea, the specific handling department had not changed, and the final distribution of the spoils remained unchanged. The maritime court is an empty shelf, just a sign, and at this stage, the symbolic meaning is greater than the actual meaning, that is, the seal is just a judgment document. It's a constraint, but it's not a big problem.
"The maritime court system needs to be carried out, and it must be more formal." After all, he had already successfully laid the groundwork for the Coast Guard in the Maritime Liliang Department through this discussion in the Maritime Court, and the stripping of the right to dispose of the maritime trophies had also reduced the pressure on the Navy on the Planning Commission in the competition for the spoils of war.
Sent away this "uneven" guest. Ma Qianzhu thought that since he had agreed to the establishment of a maritime court, he should show that he fully respects the spirit of "governing the country according to law" and still has to act according to the rules. He called Hou Wenyong and asked him to hand over a list of the various types of booty captured in this battle.
"Don't forget to get the receipt." He gave a sigh of care.
The people on the vest side were in good spirits on the occasion of the happy event, and returned to the customs building of Bopu - strictly speaking, a small building, a three-story brick and wood structure, and an iconic bell tower, of course, there is no big bell on it at the moment.
"Ma Jia, what kind of joy do you have here?" Ji An noticed something strange in his face.
"Indeed, there are happy events, and not only mine. Yours too. β
So he 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" means that the title of customs director will fall on his head in the future.
Although the Commissioner of Customs is a second-level leader, he is also the head of the department and can participate in the meetings of the Executive Committee. It's much stronger than the current executive deputy commissioner.
Ma Jia chose an office in the customs building to serve as the office and court of the Maritime Court. At the moment, it is estimated that there are no cases that can be tried, so let's talk about the formality first.
Strike while the iron is hot, first set up a shelf to pull the team, and create a fait accompli, which is what the Chinese people are best at. The vest is no exception.
As soon as the vest had the power in hand, he immediately printed a batch of blank official papers on the letterhead of the maritime court in Zhou Dongtian, and asked him to engrave a large official seal: the pattern is naturally an old-fashioned sea pattern and a scale. He added a flying fish pattern with Chinese characteristics. I covered it again and again on blank briefcase. I think this looks much better than the customs one. I went to Wu De and chose an aborigine with beautiful handwriting as a clerk. Officially write to each department, announcing that the unit has been established.
Although Wu De believed that the judicial work was very important, he did not think that it was the time to increase the number of personnel, so he asked him to "insist on it" and "make good use of the existing manpower of the customs."
"What manpower does the customs have?" Ma Jia thinks that the existing crossing of the customs is Ji An, this person is a customs declarant, and he is okay with the customs, so it is a little difficult for him to engage in a maritime court. It seems that the people of the "law club" still have to work.
Soon the documents he needed were sent from everywhere. The vest was most concerned about the list of captured booty from the Planning Commission. After receiving the list of captured ships and booty sent by Ma Qianzhuo, he read it carefully
[Π·Zcο½.]