Section 289 Judicial Reform

After the introduction of the British-style jury system, a large number of precedents were accumulated and finally codified into law, and the trial implementation of the jury system in China also produced some inadaptability. This kind of judicial principle similar to quarreling between the two sides and striving for the support of the onlookers is actually very easy to calm down the people's grievances, because it is the people, the onlookers, and the public who decide whether they are guilty or not, so the person who loses the lawsuit, if he is not satisfied, can continue to appeal, it is difficult to say that he lost the lawsuit and pushed it to the judge's injustice, or he will eat and take the card to come up, and he will not be angry with the government, and there will be a special judicial trial that challenges public order and good customs, and finally the public will be angry at the government, because the judgment is the public. And the public's perception is public order and good customs.

Therefore, under the jury system, it is often the local culture that determines the winner, not the authoritative judge.

Of course, this system has disadvantages, because it will have local protectionism, and the local people will be easier to shield, so many Chinese companies in later generations will always lose lawsuits in the United States, and this is the reason.

In addition, because China has a stubborn culture of bullying people, bullying outsiders is very common, and strangers, even if they are people with bad deeds, are often very well-behaved when they go to a strange place. The reason for this situation is probably because China is a society of acquaintances, and outsiders come to the place where they live, squeeze out their own living space, and have no relatives with them, of course, they have to be bullied and bullied.

As a result of this situation, there was widespread dissatisfaction with the courts among outsiders, who rarely fought lawsuits after clashes with the locals, and most of them adopted a patient attitude, which in turn contributed to the culture of bullying. caused more and more de facto crimes. The encouragement of crime is certainly not the aim of justice, so this point must be adjusted.

Zhou Lang adopted the principle of trial in a different place, as long as one of the parties requests a trial in a different place, then the trial can be changed to a different place. This applies not only to judicial disputes between outsiders and locals, but also between locals, after all, if two people have a bad record and the other has a good reputation, it is easy for a jury composed of locals to make a finding that does not match the facts because of their feelings. The law upholds justice, including the justice of those who have not committed crimes.

In addition, China is still an authoritative culture of respecting the elderly, and a large number of judicial activities in customary law do not actually take place in the government, but in the local elders, and in the vast countryside, a large number of laws promulgated by the state are not applied, but the rulings of local authoritative figures.

Since verdicts under the jury system do not require the age, origin, or knowledge of the jury members, a jury is an obligation, not a power. When a judicial dispute arises, the court will draw jurors from among the local legitimate taxpayers, and these jurors are obliged to appear in court to participate in the trial.

However, most of the legal taxpayers are actually workers in the prime of life, and under the current tax system, most taxpayers are still workshop owners, merchant classes, and rural landlords. Judicial disputes in the countryside are often resolved through mediation by the local gentry, and rarely to the extent of litigation. Often, judicial trials take place in the city, and the jurors are mainly workshop owners and merchants. However, most of the parties to the lawsuit are from the countryside, because after all, China is a country in transition, and the urban citizen class has not yet been born, and even the first generation of residents who have settled in the city often have a rural mentality.

As a result, many trials were held, and the losing party was not convinced, believing that the rulings of the urban craftsmen and small merchants they looked down on were unfair, and many scholars from the countryside even thought that it was an insult to be judged by these people. The jurors were not satisfied, and the practitioners of industry and commerce were often very reluctant to waste their time on irrelevant matters, and most of them, except for a few idlers who were interested in such judicial trials, were not very happy to receive a notice to appear in court. There were a large number of jurors who evaded their duty to justice, telling the court that they were sick. Often, a trial requires many jurors to be replaced, or even delayed.

This kind of procedure, which is inconvenient for the parties, jurors and the courts, is certainly not a good procedure. The large number of voices in the public demanding that judges be heard alone is due to the culture of obedience to authority, and people are willing to trust the authority of judges who are professionally born.

But Zhou Lang refused, he felt that it was not a good thing for judges to have too much power, and the civil law system had too high requirements for the professional quality of judges, so it was difficult to train a large number of qualified judges in a short period of time.

Therefore, Zhou Lang still insisted on the jury system, but adjusted it. Since the common people generally respect authority, then let authority decide. These authorities, in addition to the squires and grassroots cultural leaders who were born in school, also include the elderly. Of course, the vast majority of authoritative figures are themselves elderly people, a ten-year-old child, even if it is a prodigy, it is difficult to obtain this kind of authority accumulated by time. Moreover, the elderly are generally idle, nosy, and will not refuse to participate in judicial trials, and they are also keen to uphold justice for others.

Jurors are not immediately drawn from among taxpayers, but from among old people over 50 years of age, regardless of the level of knowledge of the other party, and regardless of whether the other party is a taxpayer or not, of course, it is lawful to insist that a robber leader has no right to participate in the sacred judicial trial.

As a result, the British-style jury system was combined with the authoritative trial in China, forming a situation of elder trial, which was generally convenient for the court and the litigation parties, so it was relatively recognized, after all, the authoritative judgment in the countryside was often handled by several old people, several family elders, and the family leaders of both sides sat together for tea, and most disputes were settled. Now it's just a tea party in the name and in court.

Although it is impossible to be perfect, if there is a problem in the process of implementation, it can be changed. Zhou Lang is not Zhu Yuanzhang, after promulgating the policy, he also issued a special decree that those who dare to change a word will be punished for the crime of treason, and the reform of the emperor in later generations is unfilial piety, and the minister's reform will become a rebellion.

The completion of the judicial reform means that the traditional criminal department system has also been reformed.

In the six-part system, that is, one ministry and one ministry of rites, more traditions are retained.

Although the Ministry of Officials is old-fashioned, it can still play a role in standardizing the promotion, appointment, and dismissal of officials, and the main malaise in the past was the problem of implementation, and those people in Heshen undermined the selection mechanism, not to mention that the inspection and promotion were not strict, and they were completely selling official positions, and Zhou Lang's reform of the Ministry of Officials was mainly focused on supervision.

Zhou Lang does not plan to change the traditional cultural situation of those sacrifices in the Ministry of Rites. But the imperial examination managed by the Ministry of Rites, he really can't continue to maintain the status quo, he can not change the imperial examination, not only did he make a promise to Wang Fuqian, but Wang Fuqian was so obsessed with the imperial examination before his death, it can be seen that most of the old civil officials have this mentality.

Zhou Lang tried to add natural science content to the imperial examination and was collectively resisted, so this is a dead end, and no one can move it, unless they want to break a whole set of bureaucracy, and this bureaucracy currently allows China to maintain the most stable social order in the world, and there is no reason to completely abandon it.

But Zhou Lang understands very well that the system of the imperial examination is definitely out of date.

So Zhou Lang plans to adjust, how to do the imperial examination, and he has already practiced a set of feasible plans. That is, in the training of household officials, at that time, because the household department could not achieve strict management of the accounts, so Zhou Lang stipulated that household officials must go through school training, which is equivalent to sending the scholars who have passed the imperial examination to the school for reconstruction.

It is very difficult to take the imperial examination, Zhou Lang has personally seen the imperial examination many times, different ages, some beards have not yet begun to grow, and some have gray hair. The poor can also be said to change their fate, and many children of rich families are also willing to pay a sigh of energy for this.

That's why Zhou Langcai wanted to use the imperial examination as a motivation to encourage Chinese scholars to get in touch with natural sciences. If it had been possible at that time, I am afraid that the popularity of natural sciences among Chinese scholars would be surprisingly high.

Zhou Lang found that those scholars who were not selected to enter the household department and then assigned to study in schools, although they were old and young, but in the courses of natural science, they were not slower than ordinary young students, and their mentality of reading was more correct and hardworking, perhaps because of the hard habits cultivated by hard study, these scholars who became officials based on graduation often put in more effort and made faster progress than ordinary students.

This made Zhou Lang understand a truth, these officials selected by the imperial examination may be a little outdated in knowledge and cannot keep up with this era of rapid development, but their intelligence itself is no problem, and they can cross the thousand-year-old bridge of the imperial examination, at least in terms of natural intelligence, they are the best among their peers.

The problem is also obvious, the household department, which requires accounting skills, does have enough reasons for officials to return to the furnace for reengineering, and other departments can also find reasons to send scholars to school. But age is really a big problem, many people spend countless their and the country's resources, finally squeezed into officialdom, and then their hair is gray, how many years can they dedicate to the country?

If the age limit for the imperial examination is given, these gray-haired scholars are the most persistent in the imperial examination, and it can even be said that they have gambled their lives for this, and suddenly announced that they can no longer participate in the imperial examination, and countless desperate old children may commit suicide.