Chapter 83: In the Name of Public Will (1)
Cheng Qi smiled: "Although there are many things in the world, is there anything better than killing big families and saving small people?" ”
Huang Yang is also afraid that the world will not be chaotic: "The master said, do not suffer from widowhood but unevenness." ”
Guo Shan also put down the work he was doing: "Since ancient times, suppressing the powerful has been the fundamental policy of the central government in successive dynasties to maintain its rule over a big country like China. The tyrannical Qin is strong. Sima Jin did the opposite, so there was the rebellion of the eight kings first, and then there was the disaster of the five chaos. Since the beginning of the dynasty, from Fan Xiwen and Wang Jinggong to the leaders of the successive dynasties, all of them have taken equal land rights and suppressed mergers as the foundation. Zhang Jiangling set the policy of state redemption and relocation of three generations. It is also to prevent the so-called phenomenon of the rich getting richer and the poor getting poorer day by day. Now the resources possessed by Fei Dashan can only be described as rich - what is even more terrifying is that he not only possesses wealth, but also desires power. Shinong, industry and commerce, the four peoples are divided into fields, and check and balance each other. But if, as he did, not only the small people suffered, but the rest of the class also became the object of exploitation, then what would be the result? ”
Huang Yang, who is a professional and praiser, said: "Qin Shi Huang moved the people of Shandong, and Emperor Wu of the Han Dynasty killed Haoqiang. Wu Zetian violently punished the famous family in Kanto, and Wang Jinggong was a relative of the feudal emperor. This is all because after the local power surpassed the central government, the central government had to take countermeasures. Fei Dashan is now only in the Jianghuai River, and he is already like an independent kingdom, which makes civil and judicial officials fearful. Now that he is trying to win the Central Plains again, then I'm afraid ...... Oops, the rest of the story is really unbearable. ”
Yu Xingxin said: Since ancient times, it has been rare for these little brothers to be able to talk about such a thing as robbing other people's property. However, he was also very interested in what they said - who doesn't want a piece of Master Fei's family property.
Cheng Qi said: "Of course, all this is on the track of the law - the legal adviser of our action committee - hey, Brother Ziming, Brother Ziming, please come here." ”
Li Ziming walked out of another room, and Shi Shiran sat down. Cheng Qi owes himself and says: "Brother Ziming provides professional legal support for this committee. Through thorough communication and discussion, we will file the first ever public interest lawsuit with the Shouju Magistrate's Court in the name of the committee. ”
Next is Li Ziming's performance time. What is Public Interest Litigation? As the name suggests, it is a lawsuit that is conducted in the interest of the public. Under the traditional litigation framework, the plaintiff of a lawsuit is the party who has been infringed and breached, and the defendant is the party who has infringed or breached the contract, which is the most classic plaintiff-defendant structure.
However, under the framework of public interest litigation, the plaintiff is not the direct infringed party, nor is it a representative of the infringed party, but a "civil society group" composed of "progressive intellectual youth" who are "righteous and public-minded" to file a lawsuit on behalf of the infringed social good.
According to the definition they gave, the so-called social welfare does not mean that many people are harmed, but that the interests of the whole society are damaged - pay attention to distinguishing between the majority and the public, which is what Cheng Qi particularly emphasizes - after Yu Xing's brain turned twice, he immediately understood the key point, and couldn't help but admire Cheng Qi a little more - of course, he wouldn't know that this was actually the difference between public opinion and public opinion first proposed by a genius named Jacob Rousseau in another time and space.
The Action Committee, as a representative of public opinion, will file a public interest lawsuit against the Fei Group, demanding that the Fei Group distribute the profits it has obtained from the mines and the land it occupies to the farmers who have been expropriated – of course, the distribution is to be distributed by the Shouzhou Prefecture Yamen.
Such an unprecedented thing is, of course, unheard of. However, Ai Fan is also very enthusiastic about this matter - as a magistrate, what he desires most is to be able to go down in history through one or two classic cases. Just like Bao Longtu and Haigangfeng, they are all predecessors who entered the history from judicial officials, and they have been passed down for generations, and many literati have attached a lot of nonsense to them. Ai Fan also hopes that in the next 100 years, there will be a copy of "The Legend of Ai Qingtian's Public Crime Novel" popular among bookstores.
The reason why everyone finally discussed such a plan is also the blessing of the (relatively) perfect legal system of the Great Song Empire, the judges under the separation of powers system have more independent powers, and according to the classification of scholars, the legal system used by the Song State is the so-called Chinese legal system, which is different from the "Zongzhou legal system" of the Liao Empire and the "law of the sea" of the United States of the South China Sea.
The biggest feature of the Liao Empire's Zongzhou legal system is codification and unification, the court is strictly in accordance with the written code for trial, and the court is also an administrative department, known as the "Imperial Double Pillar". There is a hierarchical relationship between judges.
On the contrary, the most developed system of the South China Sea is the administrative code, and the criminal code and the civil code are the two wings of the administrative code. At the heart of the law of the sea system is the Maritime Code, which communicates the commercial systems of more than a dozen vassal states in the South China Sea through a unified maritime code, but the ordinary civil, administrative and criminal laws of each vassal state are different. As a result, different laws may apply to different islands, or even different courts on the same island, and judges are more likely to rely on the customary laws of their own countries.
The Chinese legal system inhabits it, with written codes - the Six Codes of the Emperor and Song Dynasty (Constitutional Code, Civil Code, Commercial Code, Administrative Code, Criminal Code and Procedural Code), as well as the compilation of precedents "Compilation of Past Dynasties", as well as the local special law "Qiang-Tibet Special Decrees", etc., which can be said to be between the Zongzhou and Zhou legal systems and the law of the sea, and have the strengths of both families.
The magistrates of the Song Kingdom, when they encountered difficult and miscellaneous diseases, those who had laws should follow the law, those who did not have laws could follow the precedents, those who did not have precedents could follow the legal principles, and those with multiple interpretations of the laws could judge the cases according to local customs.
For example, when Ai Fan was a magistrate in Bozhou, he once encountered a "pork ban case". A certain square in Bozhou is inhabited by Tianfang believers, one day moved to the neighbor next door to sell pork Lang Li, Li opened a shop along the street to sell pork, Tianfang neighbors think it is unclean, sued the magistrate to ask for a ban on Li to sell pork here, Li believes that "Zhao Guanjia did not have a clear law to prohibit the people from selling meat", the plaintiff's complaint has no basis in law.
After review, Ai Fan believed that the Tianfang Sect's doctrine prohibiting the consumption of pork was true, and Li's defense was reasonable. As for this matter, there is no explicit provision in the law, and there is no previous similar precedent in this state, so Ai Fan "made an inner judgment" based on the legal theories he believed in and the local customs: The doctrine of one religion can only bind the members of its own religion, and cannot be others. Li is not religious, and selling meat for a living does not violate the national legal system, and does not have a bad impact on local customs and customs. If the next-door neighbor seeks legal protection in the name of noise disturbance and sewage smoke because Li's family has opened a pig killing farm, but asks for a ban because the meat sold by Li is considered unclean by the religion, this violates Li's right to freedom of business. Therefore, Ai Fan's verdict is: either endure it or move out by yourself.
Judges have the power to create laws according to their own hearts, which is what the magistrates of the Song State and the magistrates of the South China Sea have in common. The members of the action committee unanimously agreed that the person who can take on this great responsibility is none other than the chief promoter Ai Fanai's predecessors.