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The completely different views of both sides were finally put in front of Emperor Taizu, and at that moment he was silent, just quietly smoking a cigar cigarette, and then spitting it out, no one knows, at that moment, what Emperor Taizu was thinking in his heart, but every participant mentioned in his memoirs that Emperor Taizu pondered for more than ten minutes.

Why did Emperor Taizu think about it for so long?

Because Emperor Taizu knew very well that for the new China, this may be the first real test, and this kind of test can be said to be unprecedented in all dynasties.

Law!

Although China has one of the oldest legal systems in the world, in reality, those laws have often been written on paper for thousands of years, and the people have little reverence for them, and they fear morality, not law.

People should naturally remember those sixteen minutes, after sixteen minutes of silence, after weighing it repeatedly for sixteen minutes, Emperor Taizu raised his head, looked at the ministers and said.

"Since ancient times, it has been said that the emperor does not kill the people, but what is the people?"

Asking rhetorically, Emperor Taizu continued.

"For me, there is no matter whether it is obedience or disobedience, only law-abiding and law-breaking citizens, nothing more. If the law is the last line of defense for social justice, if this bottom line is breached, then what is the difference between the country we intend to build and the Manchu Qing Dynasty? When he said this, Emperor Taizu asked the Minister of War again.

"Can the army now ensure that the country will not be destabilized as a result?"

What followed seemed to be all too clear - in the following month, more than 1.6 million troops who had just returned from the northern front were stationed in the provinces of the country by land and sea, thanks of course to the local railway system that had taken ten years to build.

For the first time, the guns of the soldiers were pointed at the civilians. Under the bayonets of the army, under the batons of the police, the once chaotic order was restored, more than three million people were arrested across the country, and the school became a temporary prison. In the end, 1,147 were sentenced to capital punishment, 471574 were sentenced to prison, and 1156713 were fined or forced labor. Subsequently, household registration and land survey were successfully implemented.

To this day, there are two very different positions on the incident, with supporters praising the foundation of the country and opponents arguing that the law was abused in the course of the incident.

But even the strongest opponents have to admit that after the incident, people who had never known what the law was realized for the first time that the law was severe, but trustworthy, and that the Chinese people truly understood the authority of public power.

And to some extent, this also means a sharp change from traditional China to modern China. This is a revolution in the truest sense of the word. ”

One Hundred Years of Empire

Emergency!

For the Chinese people, this term was undoubtedly unfamiliar, but now, for most of China's cities and villages, the state of emergency is an extremely familiar term -- in the past half month, more than 1,000 counties across the country have entered a state of emergency.

According to the new calendar announced by the state, it is now New Year's Day, and logically speaking, it is the New Year. However, there is no trace of the New Year on the streets, of course, not because the people are not used to the "foreign calendar", but because of the panic in the state of emergency, people are arrested almost every day.

What are the people's biggest fears? There was a sudden knock on the door, and when the knock sounded, there was a military police officer in a white helmet standing outside the door, and then with an arrest warrant, he detained his family in a school that served as a temporary detention center, and then what was waiting for him?

It's a judgment!

"Hey!"

Xu Shiliang, who was wearing a cotton robe, couldn't help but sigh when he was in the courtyard. Just yesterday, his in-laws, Mr. Xie Jiaxie, were arrested by the military police.

A month ago, Xie Zi'an was the most active person in encouraging the people, and at that time, both he and others felt that there was nothing to do, after all, "the law does not blame the people".

But what happened next covered his understanding - the military police directly entered the town, first arrested according to the list, and when faced with the army's arrest, some people tried to encourage the people to resist as last time, but in the face of the people, those military and police in black coats showed no mercy. After a burst of heavy blows from the butts of the rifles, all the references, men, women, and children, were arrested, except for those under the age of fourteen, who were released on bail by the gentry, and the others were charged with "assaulting the police."

A few days later, the results of the trial came in, seven of them were sentenced to three years of hard labor, and most of the others were fined and forced to do so, which was "killing chickens to show the monkeys", and the rest could not have been simpler, and during the interrogation of these people, the names of those who had participated in the attack on the land investigators were counted.

More and more people are being arrested. There are men, there are women, there are old people, there are teenagers, there are no exceptions. Some are just cold, without any human arrest.

"Is this the world of the Han people?"

Xu Shiliang looked at the white clouds in the sky and sighed. He had always thought that if the world became the world of the Han people again, everything would be better, but now, he was a little skeptical, after all, in his opinion, all this seemed to be unacceptable to him, and it could even be said that Henggu did not have.

"Hey, sir, don't say that, you have to know that trouble comes from the mouth......"

His wife's reminder made Xu Shiliang's mind sink, and at this time, he even had an urge to go to the capital to sue the emperor, maybe, maybe His Majesty didn't know it at all......

Just as this thought came to his mind, a servant came over there.

"Master, your letter, yes, it was mailed by the special court!"

What the?

Sent by the court?

Don't...... Xu Shiliang's heart couldn't help but tighten, could someone bite him, at this moment, he heard his wife's crying.

"Master, if you go, how can this Xu family be a good ......?"

In the midst of that crying, Xu Shiliang tore open the letter, but the content of the letter was not what he meant, it was a letter informing him that he had been selected as a "juror".

"Jurors? What is it? ”

For Xu Shiliang, jurors are undoubtedly an extremely new thing, and even for people in most parts of China, jurors are strange and new -- this is because the judicial study outside the customs is different from the United Kingdom and the United States, and the judicial reform in the past ten years has been learned from Japan, and it can be said that it was a large number of Japanese people of Japanese descent in exile in China who helped establish a modern judicial system in the country, but now, this newly built judicial system is being tested, and it is the circuit courts that have just been established that have just been set up to test it. The Anglo-American legal system used by these circuit courts, which were mainly composed of judges from the Tohoku system, was completely different from the Japanese-style civil law system.

“…… It is not the judge who really decides the winner or loser in the case. In these cases, the judge is not the "blue sky master" who decides life and death, and it is not my business to decide the case at all, and I don't have that power at all. It is the most ordinary people, the jury, who really control the power of life and death of the defendant. ”

Looking at Teng Tianyue in front of him, the judicial adviser of the Hunan court, Yang Du's expression was extremely calm, and now, as a native of Hunan, he has taken over the most high-profile case -- the trial of the instigator of the civil mutiny.

"I understand, but, Yang Jun, you have to know that if you use a jury, it is very likely that they will be acquitted, after all, those jury members are all Hunan natives."

Tengda expressed his concerns, as a highly talented student who graduated from the law department of the former Tokyo Imperial University, he was well aware of the characteristics of the jury composition, which was very likely to lead to the abortion of the entire trial.

"I believe that they will eventually make an informed decision, and the law is the law! When the jury members choose to ignore the evidence in the face of the evidence, then, one day, they will pay the price, just like this "the law must be responsible"! ”

Yang Du's expression was still calm, in fact, a month ago, he almost fled from the countryside in a hurry, and if it weren't for speaking Hunanese, he would have been almost killed several times by mistaking him for an investigator. And now, as a judge, he must abandon these emotions and try the case from a neutral standpoint.

We must remember that right and wrong are at ease in people's hearts! I think this is the biggest feature of the jury system, which is designed to emphasize that the entire trial process is completely operated by professional lawyers in accordance with regulations, and that judges who are proficient in laws and regulations control the "fair trial process". When all the legal evidence that should be laid out has been placed in front of everyone, and the lawyers of both sides have said what they should say, then they will discuss and make a unanimous judgment in accordance with the instructions of the law on judgment. The system is designed on the assumption that if everything is clear and clear, the average person's intelligence is sufficient to judge. If the evidence is contradictory and doubtful, the legal instructions for the judgment have made it clear that the defendant must be "acquitted" in this case. If everything is disputed, the law also stipulates that the trial will be declared a failure. The reason why we insist on using the jury system instead of any other system is because the jury system has one of the biggest characteristics, that is, the jurors are the least controllable by anyone! ”

This is the original intention of the Northeast to choose the jury system, and for Yang Du, what he needs is to pass the next trial, so that his fellow villagers can understand the dignity of the law, understand the meaning of the law, and of course, also understand the authority of public authority.

Why do people have the mentality that "the law does not hold the public accountable"? What is the "multitude" here? In a society governed by the rule of law, the law punishes whoever violates the law; The law punishes as many people as they violate the law. The large number of people involved in breaking the law must not be an excuse to evade legal punishment! On the contrary, due to the large number of people involved in violating the law, the harmful consequences of society will be more serious, and the bad social impact will be more extensive, so the more people participate, the more severely the law should punish the violators! In other words, the large number of people involved in violating the law not only cannot be used as an excuse to evade legal punishment, but should be a reason for the law to severely punish the violators! ”

In the courtroom, listening to the lawyer's closing speech there, after several screenings, Xu Shiliang, as one of the members of the jury, fell into deep thought, he did not know Chen Shishi and others who were being tried, but he was not a stranger, because the two were in the same county, this Chen Shishi achieved fame fifteen years ago, if it were not for the "Renchen Change" that led to the election of officials out of the place, I am afraid that he would have been admitted to the Jinshi and entered the court as an official, but now, he is a murder suspect, and was prosecuted by the prosecutor for murder, If convicted, the death penalty is imposed.

But in China, the "sacrosanctity" of the law is still only written on the text of the law, and this is very clear to everyone, and this does not exist in people's minds. Therefore, whether it is a violator, a law enforcer, a bystander, or a commentator, if there is a situation where a large number of people are involved in violating the law, it is easy for such an ideology to emerge naturally, that is, "the law does not hold the public accountable". As a result, the big things were turned into small things, and the small things were reduced to nothing, and everything was dealt with leniently. Almost no one thinks that it is a desecration of the dignity of the law, no one thinks that it is a betrayal of the spirit of the rule of law, and no one thinks that it is a repetition of the mistakes of the Manchu ****! ”

Once upon a time, when he realized that he and the jury members around him would decide the power of life and death of Chen Shishi and others, Xu Shiliang's heart echoed loudly - we can declare "not guilty".

If that were the case, Chen Shishi and the others would not have died, and even the imperial court would not do anything to them, because this is where the law of the imperial court lies. However, after 12 days of trial, Xu Shiliang's heart was full of hesitation in the presence of witnesses, in the face of testimony one after another, and in the face of the selfish motives of Chen Shishi and others to incite the popular uprising.

What should I do?

“…… Honorable jury, but here, I need to remind you that maybe you have also heard of Chen Shishi and the defendants, maybe the concerns of nostalgia make you full of hesitation, but as a juror to make a verdict based on the available evidence, it is your right to make a verdict today, and the decision you will make today will directly affect the future verdict. When you and the general public need legal protection, the trampled law cannot provide protection, just as the Manchu Qing Dynasty enslaved, which is why the modern rule of law society must not allow the existence of the unspoken rule of "the law does not hold the people accountable", and the requirements of the modern rule of law society must be: "Whoever violates the law, the law will punish him; The law punishes as many people as they break the law"! In other words, the rule of a modern society under the rule of law is: "the law must be responsible to the public", and only in this way can we truly achieve the ...... of "equality before the law"

What should you choose?

At this moment, Xu Shiliang hesitated, he looked at the jurors around him, they were also hesitating, is it love, or law? (To be continued.) )