Chapter 269 Jurisprudence System

"I heard that in addition to teaching, you are often engaged in the profession of writing pleadings or lawyers, and you don't seem to be too old, I heard that you are all enterprising people, you should know a little bit about the "Da Ming Law", right?"

When Xiao Xuan asked so solemnly, the more than 100 people felt a little shuddered. These people who are not pedantic have also understood for several months that today's people are valuing martial arts and ignoring literature, and their attitude towards scholars is quite bad. Of course, there are also many smart people who seem to have a premonition that it may not be a catastrophe coming, because if a person like the Son of Heaven wants to solve himself, a plain-headed common man who has no power, he will never come to ask for the crime in person.

"Holy forgiveness, we are just eating together...

"Yes, of course we all know the Great Ming Law, but there are some things...

These more than 100 young cowards begged for mercy at this time. In the traditional impression of people in this era, the government or the emperor will definitely not have a positive attitude towards such groups.

"For example, when we are now getting rid of the old and reforming, many things in the Da Ming Law, and even some unequal legal principles in the respect of the elders and the young, should be appropriately adjusted. There are many other cases that were not clearly stipulated in the laws of the Da Ming Law in the past. The re-compilation of a new legal system cannot be based on the previous dynasties to a large extent, and I am afraid that it will take at least two or three years, more than seven or eight years. And I don't want some unjust cases and even problems in this era of great change to be resolved in a few years or even years, and at the moment, it is better to be able to solve many cases efficiently. Therefore, it is hoped that a new yamen of the Criminal Department will be organized, with a total of 50 temporary halls, which will be responsible for handling cases in various localities in the entire southeastern region, and that it will be gradually spread throughout the country in the future, and that efforts will be made to have a temporary hall with relatively high efficiency in every county in the country. ”

Xiao Xuan said: "Although the small and big prison cannot be clearly detected, but it must be affectionate, you should understand some new judicial principles after removing the old and reforming. These principles are not difficult to understand, and as for the scale, as long as you have a fair account in mind, it is actually not difficult. Let me give you a simple example: in the past dynasties, the younger generation violated the elders, the wives attacked their husbands, and the domestic slaves attacked their masters, and the reverse situation was completely different, and there was always one difference of one kind or another. After the removal of the old and the reform, the equality of all people is a universal principle within the scope of the vast majority of people. For example, if a nephew violates an uncle and an uncle violates a nephew, there should be no inequality in the name of the crime. The precedents of the past between strangers in the dossier should be sentenced as they should be. There is, of course, one exception, clan doctrine after the reform, although it is to be opposed. However, the small family of direct relatives is still an important unit of society, and the ten heinous sins must always be treated differently. For example, if a son kills his mother, it must be different from the other way around, and there must be a difference in sentencing. Imperial relatives, only their wives, children, parents, and other direct relatives are under the control of the inner court, and have certain judicial immunity, while others are not outside the scope of the common court. In addition, the new dynasty's stance against usury and heavy renting remained unchanged, and its stance against private forced labor remained unchanged. At the same time, they also advocate a different labor system from the past. I won't explain all of them here. In a moment, I will give you a picture of the "essence of the revolution", and you should refer to the spirit of it in detail. In the future, the case will be decided, of course, there will be a special person to summarize the record... ”

When they heard this, everyone was a little stunned. Could it be that you don't need to be famous by yourself to get the right to decide life and death like Kaifeng Mansion Yin or your parents? It's even older than the county magistrate's parents or the Kaifeng Mansion Yin? Don't need to bite the text or the requirements for human and physical evidence?

"Thank you for your great kindness...

"The Holy One is really my reborn parents...

Hundreds of attorneys who had been pardoned suddenly had a feeling of jumping into the dragon gate at this time.

In order to avoid misunderstanding, Xiao Xuan still said bluntly: "Now that chaos is emerging in various places, in order to be able to deal with some cases efficiently and quickly, I am going to randomly recruit some people from the roster of Xiucai and even children from all over the country to come to Hangzhou to be responsible for jurying... ”

Xiao Xuan's words made many people's excited hearts calm down at this time. What does jury mean? These lawyers, who have a lot of experience in litigation, know that the most efficient things are things like triage and jury trials. It is not uncommon for each other to quarrel with each other or procrastinate for a long time. Although he wanted to say something, he could only be silent in front of Xiao Xuan's prestige.

Xiao Xuan thought for a moment and said helplessly: "Many things are often not perfect, under the existing conditions, avoiding the interference of various corruption on the yamen is actually the most important way to avoid unjust cases." It is impossible for us to completely avoid some clever criminals or unjust cases with complicated circumstances. If such an unjust case is discovered, it is enough to correct it in a timely manner and make serious compensation. The so-called jury trial does not mean a decision with unclear responsibilities and powers. Instead, 50 randomly selected people vote to decide whether they are guilty or not guilty, but these laymen have no right to decide the sentence, and the sentencing is still up to the judge. At the same time, both the defendant and the plaintiff are free to hire witnesses and teachers to come. In this way, juries, judges, and lawyers are formed; A mechanism for multiple parties to jointly decide on cases. If we encounter all kinds of corruption and malpractice, only some people with good eyes can afford to brew wrongful convictions, which undoubtedly raises the bar to a great extent. Of course, there are other important matters in this, which I have summarized and printed quite a few in the previous volume, so you can understand them by taking a general look at them. There are also some ideas for the Appeals Hall and the overall structure of the judicial system... ”

Of course, Xiao Xuan is not a legal expert, and he doesn't know how juries in Western countries leave a back door for the ruling class, and what the size of the number is. I just think that the guiding ideology of some things is not bad, so I just "take it." The size of the jury is also roughly determined according to the total size of the judicial system in the future, as well as the total size of human resources.

In this way, in Hangzhou, a grass-roots team for judicial trials was quickly organized. Because the grass platform team in the fifty halls did not reuse the people in the military system, and the scholars in the Jiangdong area were already full of resentment against the people in the revolutionary army system in many previous matters.

Xiao Xuan's attitude at this time undoubtedly made many people go crazy, and also made many people see that today is not to force people to a dead end, and there seems to be a trace of expectation of upholding justice.

(End of chapter)