Section 664 Righteous Anger
According to Yang Chao's arrangement, Zhang Zuolin asked the court to arrange a jury. Pen? Interesting? Pavilion wWw. biquge。 info
China imitates the common law system, where the power of the jury is great, but not all cases require a jury, and if the prisoner does not ask for it, a jury can be arranged, and everything is mainly decided by the prisoner.
For criminal cases, although the jury does not have the power to convict for several years, it is up to them to decide whether they are guilty or not, and the power of the jury in the common law system is even greater than that of the judge.
This kind of system is actually very simple, just like two people quarreling, both hope that the surrounding onlookers will agree with their reasonable psychological appeals, and it is in this simple psychology that Europe has refereed similar onlookers.
Originating from the Norsemen, the Vikings, where all men gathered together to try the prisoners, rather than a single judge, brought the custom to England, developed the English common law system, and then spread to all the British colonies, including the United States.
China's various systems learn from the United States, because the founding of the country wants to establish an American-style republic, not a monarchy, the congressional system, the judicial system, there are traces of the United States, but there are also slightly different, for example, China's judicial regulations, the judge has the right to rule that the jury's judgment is unreasonable, if the jury's judgment is obviously contrary to the spirit of the law, the judge will cite the law to abolish the jury's adjudication power, and the judge will decide, which obviously has a Chinese-style Qingtian arbitrary model, In fact, the medal awarded by the government to judges is called the Order of the Blue Sky.
The jury members are generally judged in Shanghai on a local basis, and are immediately selected from among the legitimate taxpayers in Shanghai.
These people are not required to have much legal knowledge, which is different from the fact that jurors in some countries have to pass the law exam, which is to ask ordinary people to make decisions and look at the law from the perspective of ordinary people, so is it a common law system?
As one of the most international metropolises, Shanghai people's vision is also relatively international, so putting political cases here is more accurate and in line with international standards.
The same case, placed in different places, is likely to have different results, which is also a disadvantage of the common law system, there is a place in the United States, because the local court has a very high pass rate of patent infringement for Chinese companies, so many patent companies in the United States choose where to fight lawsuits, over time, many patent companies have put their headquarters where, where the people in order to attract these patent companies to invest, but also intensified to protect these companies, resulting in Chinese companies should win lawsuits, often loses.
After the trial, the judge invited 20 jurors and asked Zhang Zuolin to remove 5 of them independently, Zhang Zuolin pointed casually, and the 5 people left, leaving 15 people as juries.
There must be a jury, and there must be witnesses.
The smuggling case took place in the northwest, and of course local witnesses had to be called.
Residents of the Jaisangbo area.
Surprisingly, there were Mongols, Han Chinese, and Russians.
The Mongols and Han Chinese are both men, the Russians are mostly women, and the Russian women are the wives or concubines of these Chinese men.
In fact, these people are all Zhang Zuolin's subordinates in the past, and they are all about the same age as Zhang Zuolin, following Zhang Zuolin from the Northeast, from Mongolia, to Zaisangbo in Xinjiang, with their age over 50 years old, it is obviously impossible to stay in the army.
They have long since retired, but they have chosen to settle there, occupy a piece of land to farm, or raise horses, and be comfortable.
After the witnesses were summoned, the judge asked them to swear to their ancestors, and what they said was true, and Westerners swore to the Bible, which did not work in China, and the first British judge in Hong Kong found that after China swore to the Bible, even if it was a believer, it was full of lies, but once they swore to their ancestors, especially if they made an oath to dig up the graves of their ancestors, they often did not tell lies.
But this time, no matter how the judge asked, these people just insisted that Zhang Zuolin was not involved in smuggling, and he did not know anything about smuggling at all.
After summoning the Jin merchants, a large number of smugglers were arrested, and they would definitely not be able to escape, so they could only reduce their sentences through cooperation, but they didn't dare to say that they had anything to do with Zhang Zuolin directly, and they honestly explained which officers were connected with them.
As a military commander, Zhang Zuolin of course could not directly connect with these businessmen, it must have been his subordinates, not only for safety, but also for identity issues.
The court continued to summon Zhang Zuolin's former subordinates, some of whom had retired from military service and had settled in Sangbo, and they happily admitted that they had protected the smuggling of merchants, saying that it was only for the sake of drinking.
No one expected Zhang Zuolin's subordinates to be so righteous, just like the Shanghai Youth Gang, the reason why the Shanghai Youth Gang still exists now is because they are committing crimes, but they can always find a scapegoat, who they want to die, draw lots to decide, kill the dead, and then admit their guilt, never implicate others, never confess the boss, and their families are supported, if they rebel, then not only will they die, but their families will also be implicated.
Zhang Zuolin is now equivalent to his subordinates taking the cylinder for him.
The righteousness of his subordinates made it impossible for the court to find any testimony against Zhang Zuolin.
But at this time, Zhang Zuolin suddenly scolded: "You group of turtle grandsons, Lao Tzu is a good man and a good man, they are all made by Lao Tzu, but they are dead horizontally and vertically, and their heads have a big scar on their heads, and Lao Tzu is still a good man after 20 years." ”
No one thought that Zhang Zuolin would confess his guilt at this time.
The prosecution's lawyer hurriedly confirmed that he wanted to seize this opportunity by asking Zhang Zuolin how he committed the crime, how he divided the spoils, and so on.
But the defense lawyer is not an ordinary person, but a barrister hired by the Zhang family.
"Against. The prosecution lawyer is inducing my client, who is now feeling a little out of control, and I ask for a temporary adjournment. ”
The judge agreed to the lawyer's request.
In the lounge, the barrister repeatedly told Zhang Zuolin that if his subordinates confessed to all the crimes, they would be sentenced to a few years at most, and if he was sentenced, it would be the death penalty.
But Zhang Zuolin quarreled with the lawyer instead, saying that he was not afraid of death.
When the court was held again, Zhang Zuolin still insisted that he did it, and directly explained that it was he who privately allowed the Jin merchants and Russians to do business with each other, and then took a cut of it.
The judge asked again and again, and Zhang Zuolin was very sure.
The barrister immediately said: "My client has put these trumped-up charges on himself in order to protect his subordinates, and I hope that the court and the jury will not use these oral statements as valid evidence." ”
But the judge dismissed it.
The counsel also requested that other witnesses be called.
A couple of Russian women.
"I want to ask you, why did you come to Xinjiang, when did you get to Xinjiang, and why did you marry these Chinese?"
Russian women answered truthfully that they fled to Xinjiang when they were ****** because they were hungry, and if they didn't escape, they would starve to death, and they married Chinese just to eat.
These are no secrets in China, and newspapers have long published countless photos.
In the ****** of those years, the rich peasants and capitalists were the most unlucky, and Vladimir's men went to the countryside with guns to grab grain.
But there is smuggling in the border areas, but the problem is that they don't have money, so women, especially beautiful women, have become the only capital, and in the case of either committing or dying, many people have no choice.
The barrister asked, "Have you considered going back?" ”
This is an inconsequential question, but all women deny it without exception, because now Soviet Russia is still starving to death, in the first 50 years of this regime, on average, every ten years, there will be a famine to death, in 1921, 32, 46 years there was a famine, even if the reason can be found every time, for example, 21 years is the intervention of foreign powers, 32 years is natural disasters, 46 years is the impact of World War II, then at least it shows that the regime's ability to resist risks is too poor, and it is not as good as Poland next door, It's not as good as in the tsarist era, so where is the point of the existence of this regime? Where is the progressiveness? Dare to claim the most advanced system in the world!
The barrister didn't care about this, he had already got what he wanted, and he induced the problem of famine still in Soviet Russia.
Then he suddenly pulled out a stack of photos.
"Ladies and gentlemen, this is a picture of the famine in Soviet Russia, and I would like to show it to you to corroborate the testimony of these witnesses."
The barrister is very clever, and they explain it this way to justify his behavior, otherwise it would be easy for the opposing lawyer to give him an unrelated excuse to stop him from circulating the photo.
The jury looked at the pictures one by one.
At the same time, the barrister continued: "It is well known that in just a few years, there have been two famines in Soviet Russia. This is a humanitarian disaster, and I don't want to judge him. But distinguished jury, I ask you to think about it, if those poor people who fled to the border areas were to starve to death in Soviet Russia because of the strict resistance of our army. Is it unjust to ignore or even hinder the survival of the victims of the disaster in friendly countries? If our laws are promoting injustice, then I ask you if there is justice in our laws? ”
The lawyer of the empty side finally spoke: "Protest, the other party is using feelings to influence the objective judgment of the jury. ”
Judge: "The protest is valid. ”
The barrister ended the inducement, but began to question several witnesses, and he asked the Russian women, asking them what the main goods involved in the smuggling were, and whether there was any grain among them.
The woman said yes.
He also asked whether the grain was smuggled to the Soviet Russian authorities.
The woman said it was for the common people to eat, because many people were going to starve to death. (To be continued.) )