"You mean that the judiciary in Minato will change in the future?"

Hurd asked. Pen fun and pavilion www.biquge.info

Zhu Jinglun nodded, I have to admit that the judicial system of the Qing Dynasty is backward, this is not the backwardness of the legal provisions of the Qing Dynasty, but the backwardness of a complete set of judicial operation procedures, the way the county officials open the court to hear cases should be changed, but to change it across the board, Zhu Jinglun does not have that talent reserve, there are few judges available in his hands, and the turmoil caused by the second is too great, before he breaks with the Qing government, he definitely does not want any turmoil, so starting from the port area is a good way, just like the special zone of later generations, is a test field.

"You have to find a modern system that is suitable for my country's existing judicial system, I think Hong Kong is very good, the inclusiveness of the common law can include the Qing Dynasty regulations, this is the perfect combination of China's traditional justice and modern justice, you can poach some people from Hong Kong to use."

The Hong Kong judicial system has been explored by the British for 20 years, and it should be said that it is fruitful, but it is not complete.

The British attitude towards the colonies was somewhat careless, only thinking about the benefits and trying to reduce the cost, so the British colonies retained a lot of local traditional laws.

It just so happens that the common law system of the United Kingdom is a highly inclusive judicial system, which is not a written law, not systematically formulated by judges with strong professional knowledge at one time, but is formed according to the continuous accumulation of precedents of customary law, and it can be said that this judicial system can be applied to the legal provisions of any country.

This kind of judicial system has the lowest requirements for the professional quality of judges, and it is relatively fair, justice does not mean correctness, justice is a feeling, the people feel that justice is justice, even if you beat him fifty boards, he feels fair, unjust, even if you give him ten thousand taels of gold, he feels unjust.

China's later judicial system was copied from the civil law system, and the most professional people formulated the most professional legal provisions, but the problem is that these provisions may not be consistent with the people's cognition, and the people think that serious crimes, Western legal concepts do not think they are serious, and what the people think does not matter, Westerners think is very important, that is, serious crimes.

For example, tomb robbery and grave digging are considered by the common people to be one of the most serious crimes, but the Western legal system does not consider this to be a major crime, because Westerners do not have a tradition of thick burials, whether it is a king or an ordinary person, they are buried in the cemetery of the church when they die, at most they are buried with some supplies used in the past, and the knight will bury a sword at most, and the tomb robbers have no motive to rob the tomb at all.

And China pays attention to thick burials, so tomb robbers appeared very early, very common, and the culture slowly recognized that this is a more serious crime, the severity is even far above the injury of people, and even in most people's moral concepts, digging people's ancestral graves is more serious than killing people, to put it mildly, if the Manchu Qing Dynasty formulated a law that whoever is corrupt and digs up the ancestral grave of his family, I am afraid that this is more deterrent than exile to the armored people as slaves.

Ancient Chinese laws, first formulated by the Legalists, and later deeply influenced by Confucianism, in the Song Dynasty China's judiciary has been perfected, the implementation of the Song Dynasty criminal system Bao Zheng and others are famous, at least to show that this set of laws in the hands of reasonable people, can make the people agree, and then the successive dynasties refer to each other, the degree of perfection of the legal provisions in the Ming Dynasty, so that the Qing Dynasty rulers can hardly delete and can only copy, compared with the Ming Dynasty, the Qing Dynasty law is basically only in the individual laws of the adjustment of the severity of punishment, And the whole text of the law is basically copied.

It can be said that after thousands of years of development, the Chinese legal system is very much in line with Chinese culture in terms of legal provisions, and the most commendable thing is that Confucianism hopes to emphasize human feelings in everything, and the main idea in the law is based on emotion, with China's filial piety and morality as the program.

Zhu Jinglun feels that whether a law is fair or not is not for legal experts to see, but for the people to feel, and if the people feel unfair, even if the judge's judgment is in line with the spirit of the law, it is in vain.

For example, in order to protect human ethics, Confucianism has the principle of concealment of relatives, if the father violates the law, the son can not provide evidence, and will not be held accountable by the law, which is obviously out of caring for human feelings, which is very suitable for the habits of Chinese society. It really came to the era when fathers and sons turned against each other and husbands and wives denounced each other, it was really a human tragedy.

Zhu Jinglun is not a legal expert, he doesn't understand, he knows that the Chinese legal system is different from these two legal systems, but it is both, and all dynasties have formulated the legal provisions of their own dynasties, but at the same time they have supplementary regulations.

The English common law is based on the continuous accumulation of cases as a perfect method, it can be said that the legal provisions are formulated by the jurors composed of ordinary people again and again, even if they encounter cases that have never been encountered, they are judged by the common people according to their own concepts, and the flexibility is very high, and from the concept of ordinary people, it can basically be recognized by the public, so whether he is strict or not, whether he is advanced or not, he can be recognized by the people.

Guan Zi said: What the government does is in accordance with the people's will; The abolition of government is against the will of the people. The way of government is to conform to the will of the people, and Zhu Jinglun still agrees with the words of the pipe.

Another reason is that ancient Chinese law is a combination of laws and regulations, and cases are also accumulating, such as the laws of the Qing Dynasty, there were 815 articles in the third year of Yongzheng, and they increased to 1,892 articles in Tongzhi, and the number of cases is much larger than that of laws.

The difference is that the cases in Chinese law are not decided by jurors, but by county order, and no matter who decides, in short, in terms of form, the case is respected.

This is closer to the British legal system, which may be the reason why the British judiciary is very well implemented in Hong Kong, according to official records, Hong Kong completely abolished the Qing Dynasty in 1971, which has been used for more than 100 years, and if it can reach the level of the rule of law in Hong Kong in the 70s of the 20th century, it should be said to be a success. Of course, corruption was rampant in Hong Kong at that time, and that was a law enforcement issue, which had little to do with the judiciary.

In short, Zhu Jinglun believes that the English legal system and the Chinese legal system are more integrated, and they are both highly inclusive case laws, and what needs to be changed may only be some procedural problems, such as the original use of county officials to decide the case, and now it is handed over to the jurors, and the jurors can let the famous squires take the role, I believe that those old country masters who like to preside over justice when they are idle will be very happy to make decisions for the people, and their prestige is easy for the people to recognize, so the judiciary is fair in people's hearts.

Wait until you accumulate enough cases, and then you can't reform it, and if you can't get it right, it's a hundred years later, so what do you care. (To be continued.) )