"Sage, if the lawsuit is taken away from the county order, I am afraid that the Tang Dynasty will have no peace from now on, and the local generals will continue to sue for it. Pen % fun % Pavilion www.biquge.info'. Cui Xuan said this about Li Chende's judicial reform.

His worries are not unreasonable, since ancient times, litigation has always been the standard of local security, and there are many lawsuits, which means that the local is unstable, even in modern times, it is also a standard.

Modern times too? Of course, there is, but the criterion is public order, not the court to accept the lawsuit, mainly depending on the various crimes, the higher the crime rate, the lower the evaluation of the local chief's ability to govern. In ancient times, these two points were conflated, and all litigation cases were treated as law and order.

Choi Hyun worries that if the magistrate does not take local tranquility seriously, it will lead to lawsuits among the people. As for the three-level judicial system, this is not afraid, anyway, Datang has a set of regulations on people's lawsuits, and direct litigation since the Han and Wei dynasties has been included in the legal norms.

The laws of the Tang Dynasty were much more advanced than those of the previous dynasties. In addition to classifying the legal format, it is no longer as in the past, which is generally mixed, and the people have grievances, and they can continue to appeal, which has been graded by the courts in later generations. Therefore, Li Chen's division of the three-level judicial system is actually just an adjustment of the scope of litigation.

However, it is not only the scope of the lawsuit that has to be adjusted, but seriously speaking, it is the meaning behind it, which is also what Choi Hyun is worried about.

The judicial process in the Tang Dynasty was that the county and the state went up to the left and right of Shangshu, and then the three divisions, and finally arrived at the front of the car. There are also points before driving, there are above the table, and in the end it is relatively large, playing the drum or standing under the lung stone. Both of these are mentioned in many chapters and many chapters before.

Li Chen's restructuring and judicial reform are major reforms. The first and second levels have not changed, and then go up to Dali Temple. Moreover, anyone who is not satisfied with the outcome of the lawsuit can appeal in this way, if this is not possible, the last hurdle is the three divisions, which is commonly known as the three divisions of the trial.

You ask, isn't it the same in the Tang Dynasty, but it's just that Shangshu doesn't care about it, but it's not. First of all, in the past, disputes such as farmland and marriage in Datang were not allowed to be appealed, and they were usually handled locally. If you file a lawsuit, you will sue again. Only grievances can be appealed through the channel that was said before, which is called direct appeal.

There are only two kinds of things that can be said to be true, and one is related to national security and the future of society. One is that there is a great grievance, which is only a human life lawsuit. Other disputes, such as economic disputes with others, and the failure of the magistrate to collect taxes in accordance with the law, are not allowed to be appealed in accordance with the previous procedure.

Therefore, Choi Hyun is worried that this will make the people happy to litigate. In fact, this is already the case at the moment. Since the beginning of the Tang Dynasty, these cases of overstepping litigation have been common, and it is useless to order a ban many times. In the past, there were magistrates who helped suppress it, but now they don't care about law and order, and Li Chen no longer prohibits the people from appealing, the situation will only get worse.

There is also the situation of Dali Temple, which is generally believed to be the highest court of the Tang Dynasty, but in fact, this is a misunderstanding. Generally speaking, Dali Temple is not responsible for adjudication, it is only a review body. Unless the crime is committed in Chang'an, it will be handed over to Dali Temple for trial. Li Chen redefined the positioning of Dali Temple and truly made him the Supreme Court of the Lobby. The three divisions will be tried, it is a major case will be started, if there is no accident, Dali Temple has to be tried, it is the final trial.

"Lawsuits? Isn't there any now?'" , Regarding Cui Xuan's words, Li Chen disagreed, "Are the people willing to sue? If you don't come to a dead end, who will want to keep litigate.'"

"Moreover, most of these overstepping cases are caused by the poor conduct of local officials. Give the people a chance to redress their grievances, and give them a warning.'"

"Judges can be sent to the local area to conduct examinations, or the local inspectors may be elevated, so that they can pay attention to the local wrongs." "Does it work?" If it had been useful, it would not have been repeated so often.'" Although the Tang Dynasty forbade the people to go beyond the lawsuit, and forbade some economic, or not major cases, to file grievances with the people, it was not completely ignored.

The most basic is that the ten observers have been envoys, or they have been sent from the imperial court to the local government to supervise the imperial history, and go to the local area to inspect whether there are any grievances. It's just that this is useless, and if it is, Datang will not frequently over-sue.

Li Chen remembered that he had read it back then, saying that the laws of the Tang Dynasty were perfect, and that the laws of the Song Dynasty were mostly based on the Tang Dynasty, and many laws were out of date, and they continued to be Tang laws, saying that the laws of the Song Dynasty were not as good as those of the Tang Dynasty. However, there is one thing that is better in the Song Dynasty than in the Tang Dynasty, that is, Yue Su.

Appeals are allowed in some cases, even if they are only economic cases, such as non-payment of debts, illegal trespass on other people's property, or even officials who do not accept lawsuits in accordance with the law. This is stronger than the Tang Dynasty, and of course Li Chen can't lose.

"The law is the last line of defense to protect the people, if the law can't protect the people, what more can we ask for? Is it only to Germany? Of course, morality is important, but if moral integrity is enforced, wouldn't it be a return to the Wei and Jin dynasties?"

"If you want to say the law, how can you allow someone to play the game, and the people are willing to litigate at every turn? If the magistrates are able to do things impartially, why should the people do this?'

"As for the magistrate not taking the lawsuit to heart, that's not a problem, just a lawsuit. It is good for magistrates to pay close attention to public security, and let magistrates pay attention to local public security, which is still an assessment item. Only look at the lawsuits such as theft and human life, and not whether the people are litigating.'"

"The people's lawsuits are a social problem as a whole, and they do not depend on the efforts of a single magistrate. If there are too many litigation cases, what should be seen, is it that there are loopholes in the law that people can take advantage of, or is the social atmosphere too bad, whether it is a local problem, or a whole social problem, suppression? Is that the solution, if there is a problem that is not solved, it will be suppressed by the magistrate?" , the fundamental problem, Li Chen does not believe how much people like litigation. If there are too many real lawsuits and the people are forced to litigate, then there is a problem.

If there is a problem, it must be solved, not pressed or dragged, the problem will not be solved by itself, only asked bigger and more serious. Li Chen's words made Cui Xuan speechless, and the others were silent at all, knowing that Li Chen was determined to reform, so change it.

"Saint, what is the meaning of this masked woman?" , judicial reform, Li Chen proposed a symbol of the Tang Dynasty judicial pattern, to set up a pattern at the entrance of the criminal department.

This point is inexplicable to everyone, if you want to stand, it would be good to set up a pig. This kind of unicorn beast is the symbol of the imperial history, anyway, when he encounters a wicked person, he will use his horns to knock him down and eat him, so it's good to use him. Why set up a Hu god, or a woman. It's the god of Hu, or the god of Fan, not the fox god, let alone the fox fairy.

"This masked woman, holding a scale in her hand, this is the goddess of justice of the Hu people. More than 1,000 years ago, the Hu people had a region called Greece, where there were many city-states, but the culture was developed, and this was their goddess." With the development of commerce and trade, as well as the Hu books translated by Li Chen, Tianfang and Daqin are no strangers to Zaixiang. They also knew the situation in the heavens, as well as the Later Qin (Eastern Rome), which was currently standing in a smaller and smaller place, but they didn't know much about Greek culture, and Li Chen had to explain.

The masked woman with a libra in her hand is the goddess of justice in Greek culture, and with the progress of Westernization, this goddess is also widely known, she is a symbol of Western justice.

It's not that Li Chen Chongyang, but he thinks that sentence, "For the sake of justice, even if the sky falls apart", is very domineering. Masking means that regardless of the identity object, holding a scale in the hand represents the measurement, only asking who is the reasonable party, not asking the identity object.

"Hedgehog, it's good, but when you see a wicked person, you will eat it, what if you don't have a good person in a lawsuit? The masked goddess, she doesn't ask the object, she just looks at right and wrong, and the wicked can't go to court? The wicked cannot be justified once?'

Although it is said that most of the wicked are evil, and it is probably not for the sake of good things to start a lawsuit, the law pays attention to justice and evidence, not to see who is good and who is evil. No one is perfect, and in modern times, the pig may eat both of them, because neither of them is a good person.

And what if you have to fight a lawsuit, you have to be good people? Because of a momentary misunderstanding, or anger, a lawsuit started, and the pig saw that they were all good people, so they didn't care? Speaking of which, the law should not be like this, it should be based on evidence, not a preset position, and the wicked should die.

In the end, Li Chen wanted to use the goddess of justice to replace the pig, and there was another reason, that is, that sentence was very spirited. For the sake of justice, even if the sky is falling apart.

Although this is idealistic, it is simply not possible to implement it in practice. But if you don't have that ideal, what can you expect? Those little people, those people who live a down-to-earth life, don't even give them this bit of justice, what higher and far-reaching ideals does this country have?

He believes that only by fundamentally safeguarding the interests of the ordinary people will these people support the interests of his Li family in the future.

"Sage, if you allow a lawyer to go to court, will it disturb the court, the lawyer is articulate, and if the judge has a bad tongue, will he not let the lawyer play with the law?" , Zhou Qi means that the lawyer is not allowed to go to court.

"Isn't it wrong to let the judge argue with the lawyer?" , Li Chen was speechless, the judge made the decision, and he would be afraid of the lawyer? Will you be afraid of gamblers? Didn't you see those casinos in the real society, for those gambling gods-like characters, they are directly forbidden to enter? Those underground casinos are even simpler, and they will directly abolish you. How can there be a reason to be afraid of gamblers.

As for Zhou Xingxing's movie, the county magistrate seems very stupid, and it is unrealistic to let the lawyer rely on his tongue to point at the deer as a horse, making him dizzy. Ancient lawyers, without the spirit in the movie, can go to court, can rely on their tongues to manipulate the law, and fool the county officials. All they can do is help someone write the complaint.

Do you still remember that Li Chen was in Yangzhou and once went to church? Li Chen relied on scientific experiments to make the mastermind behind the scenes itch, which is an example.

No matter how powerful the lawyer is, that is, writing the lawsuit and pointing behind the back, it is impossible for him to really appear in front of the stage. And it's also risky.

It is that he may be charged with a lawsuit, which was very favored by both the local government and the imperial court in ancient times, so once he is charged with this crime, this is not a good thing.

However, even if Li Chen let the lawyer go to court, it is unlikely that there will be a scene in the movie, and he will argue with the lawyer, is it a prosecutor, but not a judge, and the two sides rely on evidence to speak. It's not like a debate tournament, relying on words to get ahead. So, what does a judge need to be eloquent.

"However, this is also very important, but it is not to let the lawyer not go to court, but in the future, the Ming Law Scholar will receive logical training, and he will not translate a lot of Greek books from the Heavenly People? There's a lot of logic training in it.'"

Learning logic is also a must. Although the judge wants to look at the evidence and not argue directly with the lawyer, if the eloquence is too poor and the logic is not clear enough, the concept is really changed by the lawyer, maybe the scene in the movie will really appear.

Fortunately, although Li Chen is not very good at this, he has something to learn from. The Greeks are also very good at thinking about things and making achievements in logic, which is worth learning from the Tang Dynasty. Fortunately, Datang is an eclectic dynasty, and it is not averse to these foreign things, otherwise it will change to a dynasty in the future, and I am afraid there will be more opinions

"Saint, how should this jury system be implemented?" "Let's try it out in the border areas first, those states and counties that have been restructured from the state can try out the jury system, whenever there is a verdict, the selection has nothing to do with the place of judgment, and it has nothing to do with the two constructions, the most jurors."

The jury system, which is characteristic of the common law system, is not available in the civil law system. Li Chen didn't know if Datang could adapt to this system. However, just like the separation of inspection and inspection, the separation of inspection and inspection was not implemented suddenly, and only in some areas was first implemented.

The jury system will only be implemented in some places where the racial situation is more complicated, in the prefectures and counties that were previously restructured from the state of custody, and in some places where ethnic minorities live, and there are cases involving them.

On the one hand, it is also tried to prevent local officials or tyrants from oppressing the local people, causing officials to force the people to rebel. Just like what happened before, the party members rebelled, the local tyrants bullied the party members, and the government connived at them. caused a large-scale rebellion by the party members and occupied several states. If there is such a system, it may be possible to protect the locals.

The implementation method is that if there is a conflict between the Fan and Han people, and there are Han people and those Fan people in the two parties, the jury will be composed of Han people and Fan people in half, and there will be no situation where there is a situation where one side is favored. However, there will be one more member of the jury.

will do this, it is not completely biased in favor of them, the Han people already have the advantage, after all, the presiding judge is a Han Chinese, it is difficult to say that he will not favor the Han people. That's why there will be one more Fan person. It's just that there will be people who use the distinction between Fan and Han to instigate the jury to acquit them. It remains to be seen whether the Tibetan people have no fear, not only maliciously commit crimes, but also provoke relations between the Fan and Han.

If it really turns out to be like this, it will lose his original intention. Li Chen has begun to attack some ethnic minorities in the Tang Dynasty, and the harmony between the Han and the Han is very important.