Section 222 of the crime of sabotaging a military marriage

Fu Fu quietly followed behind Fu Yizhuang, preparing to go to no one to give him a little Yan Sè. to avenge the revenge of being abused by him all the way. Suddenly, he thought that his hair was too conspicuous, and at first glance he knew that he was on an errand for the chiefs, so he took advantage of the fact that there was no one on the street, picked up the broken straw hat and put it on, and quietly followed.

Fu Yizhuang knew that someone wanted to settle accounts with him, and walked in front with a hoe. Fu Fu picked up a wooden stick halfway through the road, and followed silently - he had learned a little reconnaissance tactics in the army - and rode Fu Yizhuang to the irrigation canal, and when there were trees around him to block no one, he unexpectedly pounced from behind, picked up the stick and smashed it firmly on Fu Yizhuang's back, and immediately beat him to his stomach.

Fu Yizhuang didn't expect someone to attack him at all, and before he could scream when he fell to the ground, he was hit with seven or eight sticks on his body, and he couldn't help shouting, "A good man spares his life!" But to no avail, the other party silently made a series of sticks bāngluàn, beating him screaming miserably, crawling with his hands and feet to escape, Fu Fu kicked him on the leg violently, Fu Yiqiang screamed, rolled into the irrigation canal that had drained the water, stuck in the mud and couldn't move.

Fu Fu watched Fu Yizhuang rolling in the mud and wailing, felt a bad breath, and quickly slipped away when no one had come over yet--it would be a big deal to report to the political department if people found out, and beating the common people was a serious violation of discipline.

Fu Yizhuang was beaten for no reason, and finally got out of the mud, and begged someone to help him go back. Most of the people in the village watched the excitement, but no one cared about who beat him -- Fu Yousan's family was the richest man in the village back then, and they also had a lot of festivals with the villagers.

Xu Xu returned from Meiyang Village to the Law Club, and immediately discussed the matter of the trial. Because this case should be fully "political", the small case has become the target of the Senate's attention. Not only the military system, but also other systems have 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 "Da Ming Law", but in terms of crimes, everyone agreed that the crime of "sabotaging military marriage" should be introduced, rather than "tongjiān".

"It is necessary to prosecute for the crime of sabotaging military marriages, not the crime of 'tongjiān,'" Dong Shiye, as the president of the East Mén City Summary Court, stressed this point, "Ethical criminalization is not in line with the direction of the development of jurisprudence." Through this trial, we will instill in the people a new concept of jurisprudence. ”

The concept of destroying military marriage, which is completely new to the common people -- the social status of military personnel in ancient times was extremely low, and the concept of "protecting military marriage" played a tremendous role in raising the social status of military personnel.

The question of the retroactivity of the law was raised, and the fact that "sabotage of military marriages" was a provision of the Marriage Law, which had not yet been promulgated - and even if it was published now, the case would have occurred before the law was published. If the lawsuit is filed in accordance with the marriage law of the traveler, then it is tantamount to saying that the law of the traveler has retroactive effect, and when the law club copies the law again, it will be luàn.

The trial is a case of sabotage of a military marriage, and if this case is to be judged, according to the principle of leniency from the old, it can only be prosecuted in accordance with the Da Ming law and the crime of jiān. At most, the verdict is according to the "Da Ming Law", "Ninety rods".

If such a verdict is made, firstly, the elders of the military system will not be able to agree, and secondly, everyone feels that if the crime of "sabotaging military marriages" cannot be introduced, the effect on changing customs will be greatly reduced.

After some nonsense, everyone reached a consensus that they were still guilty of "sabotaging the military marriage". As for the marriage law, it must be promulgated immediately.

"In addition to following the "Da Ming Law", can you also follow the "Ao Song Law"! Let's not say that the 'Marriage Law' was formulated by us," Zhou said, "Let's just say that it has always existed in the Australian Song Dynasty, and now Lingao belongs to the 'Australian Song Dynasty', and the Australian Song Law can also be regarded as having jurisdiction." ”

Such a statement is a bit forceful. But to justify itself, it can only be adopted.

In terms of the specific content of the judgment, it is permissible that as a case in the transitional period of the establishment of the judicial system, it is appropriate to pave the way for the new law, especially in view of the need to balance the emotions of some elders and promote the steady establishment of the legal system.

"Judging from the social effect to be achieved in this case, a trial that initially reflects the judicial system of the new country is very meaningful, and it is necessary to apply some of the systems in the procedural law to be formulated in the future to this trial. As for sentencing, I personally feel that the death penalty and hard labor for life are excessive. Moreover, if the sentence is too extreme, it will also be detrimental to the future legislative work -- will the local supervision be more appropriate after the prison sentence is strengthened, the relocation system, and the completion of the sentence? ”

"We don't have a problem, but the Navy seems to be very tough." An Xi said uneasily, "Chen Haiyang and Ming Qiu don't have any specific opinions, some of the veteran officers below are very energetic, and it is said that President Wen also supports them." ”

"Mr. Wen didn't say anything on the formal occasion at all." Dong Shiye said, "He just said something in private, 'killed the jiān husband and yín woman on the spot'." ”

"It's a very ...... thing to say," An Xi said.

Zhou Dòng Tian snorted: "Lord Qingtian, Strong Order, and Wise Leader are the most harmful to the judiciary!" He stood up and said loudly: "We are now a new dynasty and a new atmosphere. But collective legal awareness is not something that can be changed overnight. It must go through a process of propaganda and indoctrination. At the same time, through trial practice, criminal punishments are imposed on relevant acts, reflecting the guiding role of the law. I absolutely do not agree with the military's view on the sentencing in this case. Since it is necessary to handle cases according to law, it is necessary to honestly adhere to the 16-character policy: there are laws to follow, laws must be followed, law enforcement must be strict, and violations must be prosecuted. We must not be reckless and engage in any kind of aircraft with Tianxian or the like. Hidden dangers! Mines! ”

Dong Shiye coughed and said: "There is no need for too heavy a sentence at all, as long as it is classified as a crime, it is enough for a normal person to consider it with a big head when the small head is congested." I think a sentence of between three years and seven years is sufficient - especially the 'good reputation' of the land. Risking three to seven years of hard labor, I think most normal people think about it. As for sentencing such as the death penalty or life sentence, there is no need at all. 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 ntr, so our case of "sabotaging military marriages" is enough to raise their social status; Second, the concept of chastity among the poor people of this time and space is far less strong than that of the middle and upper classes of society; Zuihou, even if they really care, we don't need to compromise with the customs of the locals - do we have to respect such a thing as the patriarch being able to sink a person into a pig's cage with a word? We need to make them accept our ideas, make them fear the institutions of violence, and make them feel that even a three-month sentence is a lifetime of shame. Ideological work and public opinion must be mobilized, and we should take this opportunity to clearly distinguish us from the old shijie, so that the locals can realize our advanced xìng and the backwardness of the old shijie. Dong Shiye finished speaking in one breath, took a breath, picked up the teacup and took a sip of water, "In addition, I would like to know which prosecution organ is?" When did the Senate set up such a body as the procuratorate? Is the arbitral tribunal in charge of both prosecution and trial? The prosecution and the judiciary are in the same department, which is a bit inappropriate."

"This is not a problem," Ma Jia said, "and the political and legal committee does not take care of everything." ”

"I think it is possible to allow the Ministry of Police to temporarily exercise the functions of the public prosecution organ, which was exercised by the public security in the early days of the founding of the People's Republic of China, and then the procuratorate was established when everything was on the right track. According to the current situation of Lingao, in terms of saving resources, the police department can be allowed to exercise the right to prosecute. ”

Ma Jia thought about it: "Let's discuss it again." At the moment, this matter has little to do with the police, and it is not appropriate for them to prosecute. In my opinion, we can have a prosecutorial system. ”

"Independent Prosecutor's Office?"

"yes, that's what it means." Ma Jia said, "It can be permanent, or it can adopt a one-person system for one case, which can be designated before the prosecution and resigned after the end of the case, which can save manpower." Now it's more pitted and less radish. ”

"Now that the judicial system has been established, the public prosecution system should be established. In particular, for the ancient legal system where there was no distinction between criminal and civil law, it is of great significance to establish a national public prosecution system. Ji Xin said, "In addition, I propose to have a judicial practice certificate and the like." Anyone who has obtained a law degree or similar qualification in the old time and space can apply to serve as a prosecutor, lawyer, or judge. In this way, even if you do not work in the preparation system of the arbitral tribunal, you can still appear in court at any time to handle the case. Otherwise, it is easy to be provoked, after all, there is no basis in the law. ”

After all, the Law Society is only a club in nature, and there is no institutional basis for allowing members of the Law Society who are not in the arbitral tribunal system to serve as judges, lawyers, and prosecutors. Therefore, Ji Xin suggested that it should be standardized from the system. He also proposed: In order to embody the authority of the new social legal system and leave the concept of "procedural legality" to the natives, the judicial procedure should imitate modern litigation procedures, and judges, secretaries, prosecutors, and public defense lawyers should not be left behind, and all the procedures should be repeated.

"In favor, procedural legality is one of the basic concepts of modern jurisprudence, and it must be instilled in the naturalized people." "This is not formalism. ”

An Xi asked, "Do you want to wear a wig?" ”

"I'm okay with you having a pound of sheep on your head in this place, but I don't wear it." Dong Shiye said lazily.

"The robe can be considered, but the wig is not needed, but I don't like the smell of the British." Ma Jia said, "To be honest, I don't even feel hot in a robe. ”