Chapter 470, everything is reasonable, Huang Jinkang
"Let's do a simple math on this question."
"What's the account? Let's calculate how much the state has invested in training a junior junior soldier? After settling this account, we know that this judgment is reasonable and unreasonable. ”
In the conference room of the Laizhou Regional High People's Court, Huang Jinkang, political commissar and president of the Laizhou Regional High People's Court, was answering questions from the legal affairs committee of the Laizhou Regional People's Representative Committee, which had been to inspect and examine the regional trial work at the Laizhou Regional High People's Court, which had been customary.
Like most state institutions and departments in most parts of the country, the Laizhou Regional High People's Court is almost entirely composed of military cadres who have been transferred from the military trial system.
Just like in the army, the court cadres in charge of adjudication work may not be able to memorize all the legal provisions and be very familiar with them. However, just like in the army, the trial work of the local courts will also be carried out in accordance with the trial regulations issued by the central government.
Almost all trials can be quickly found in the trial regulations. Moreover, the legal adjudication work in New China has a system of abiding by conventions. In other words, after finding the corresponding trial regulations, the adjudicators of the court can also measure the intensity of sentencing according to the trials that have already been conducted.
In this way, the court's adjudication work is indeed well done. However, for the cadres of the courts, they are not specialized enough in their work, they do not have a deep enough grasp of the legal provisions, and they are unable to accurately understand the significance of the various laws of the state.
In particular, because the people's assessor system is implemented in trial work, the intensity of sentencing in many cases is ultimately decided by the people's jury. So it seems that the courts, like other units and departments in New China, have a bit of a rigid and rigid flavor from top to bottom.
This is not reflected in the operation, but mainly in the country's demand for the court system to popularize the law and publicize the law, and in this regard, everyone is not proactive enough.
The failure to effectively publicize and popularize the cases after the trial, and the failure to explain and popularize legal knowledge to the masses through those typical cases is something that Huang Jinkang, political commissar and president of the Laizhou District High People's Court, has always been worried about.
Moreover, sometimes, there will be some serious differences within the court over the trial of the same case. Take the case of "forcibly robbing a young soldier and a female soldier to go home and get married" more than a year ago, in the course of the trial of the case, there were different voices within the court. The question of the sentencing intensity of all the criminals involved in the case was the focus of the internal debate in the court at that time.
There is no objection that the parents of the female warriors have violated the Marriage Act, and the parents of fools have violated the Marriage Act and the Criminal Code. However, whether the parents of female fighters should be sentenced so severely, and whether the parents of fools should be executed, these were the key points on which there was no unanimous opinion at that time.
More than a year ago, it was Huang Jinkang who personally came forward to give a thorough explanation and make a final decision in the whole hospital. Now Huang Jinkang has to give a special explanation to the ordinary members and legal members of the Laizhou Regional People's Representative Committee.
"I am not going to fight with my comrades about specific legal provisions here today. I am here to tell you the truth, as for the specific legal provisions, I, a political work cadre, certainly do not remember to remember the specific legal provisions. Comrade Li Cixin, vice president and presiding judge of our court, is a specialized person who graduated from the law department of the School of Administration, and you can ask him about specific legal provisions in a moment. Here, I just simply settle accounts with my comrades. ”
Because settling accounts is a bit of a sinister question, and in a sense, the people's deputies are all people who are specifically looking for trouble from various units, so the transformation of identity in Huang Jinkang's words made several deputies laugh quietly.
After seeing that the atmosphere had become more relaxed, Huang Jinkang continued:
"Let's talk about the facts, the female soldier of the junior junior army in the case that everyone mentioned entered kindergarten when she was six years old. I went to kindergarten for two years, and then I went to preschool for another year. By the time the case occurred, the female warrior had been educated and trained by the state for six years. ”
"According to the country's education system, from the time the female soldier enters kindergarten, the state pays a fixed fee every month, which is the education and upbringing allowance paid to her parents."
"The state bought out the right to educate and raise the female warrior from the warrior's parents for 300 yuan per person per month. Over the course of a year, this money is 300 times 12, and the state pays 3,600 yuan to the parents of this female warrior every year. In six years, the state alone will spend 21,600 yuan on this female warrior. ”
The representatives of the Legal Affairs Committee of the Lai Chau District People's Representative Committee are not legal professionals. The vast majority of them were randomly selected from various factories, farms, people's communes, and other departments and units. A large part of them are quite reluctant to be elected people's representatives.
These people's representatives don't really care what the specific letter of the law is. When they asked about the reason for the case from a year ago, it was that it had shaken them so much.
In the eyes of some people in his family, the case was just a serious interference of parents in their children's marriage, but in the end, they were "copied all over the house". Because of a female baby, almost all the people in both families have been wiped out. These people's representatives wanted to find out what the state meant in this case through this inspection and review.
You know, these people's representatives themselves are people who have children and will certainly have children in the future.
Therefore, Huang Jinkang was not thinking about how to interpret the provisions of the law, but about explaining the reasonableness of such sentencing to these people's representatives. As a political cadre, this is his job.
21,600 yuan is a huge amount of wealth for most of the people who have just lived in New China for two or three years. You must know that the Feige brand and permanent brand bicycles that are often sold out of stock are only 300 yuan a bicycle. More than half of the people's deputies who participated in the inspection and audit work were reluctant to buy such a bicycle.
Seeing that many people's deputies began to frown, Huang Jinkang continued:
"I'll give you an inappropriate example. Let's go to the market and buy a sheep. After paying the money and bringing it home, all of a sudden, the seller of the sheep came to our buyer's house and pointed out that he wanted to deal with the sheep in this way, and that he wanted to shave the wool of the sheep that we had paid to bring home and sell it for money. What do you do in the face of this situation? ”
Hearing Huang Jinkang's words, a people's representative who looked at him with a violent temper responded loudly:
"X, the sheep I bought with money is my sheep. My sheep, why did he come to my house to point fingers! I want to shave off my sheep's wool and make another profit, I can't beat him! ”
Huang Jinkang listened to the response he wanted to get, and said with a smile:
"Let me first remind this comrade of the deputy, that beating people is illegal. However, what this representative comrade wants to convey is correct. As long as the transaction is completed, the right to dispose of the sheep belongs entirely to the buyer, so what the seller is doing must be wrong. ”
From this example, we can know that after the state paid for the right to education and custody of the female warrior, whether the female warrior studied, worked, or married, it was all decided by the state. The soldier's parents, who had already received 21,600 yuan from the state for six years, wanted to intervene in the marriage of the female warrior, which in itself was unreasonable and unruly. ”
"Of course, this is not the point I want to explain to you this time, we already know the expenditure of 21,600 yuan, and we will calculate the other investments of the state in this female warrior."
"If it is calculated according to the living expenses of 600 yuan per month, the tuition fee of 100 yuan per month, the accommodation fee of 500 yuan per month, and the medical and nutrition expenses of 100 yuan per month. The cost of the state to invest in this female warrior is 1,300 yuan per month. Not counting the others, this cost alone is 93,600 yuan in the six years of the state's total investment. This money plus the previous 21,600 yuan, the state has invested a total of 115,200 yuan in this female warrior. ”
As soon as Huang Jinkang's words fell, several people's deputies let out a neat sound of inhaling cold air. In this era when New China has just been established for two or three years, the renminbi in units of 100,000 yuan is still something that no one dares to imagine.
After Huang Jinkang saw everyone's performance clearly, he continued:
"Don't think that the investment of 115,200 yuan is particularly large. The investment of the state is obtained through the labor of the entire masses of the people. Among the 115,200 yuan, there must be everyone's share, but don't think that this money is not worth it. ”
"In this case, the training direction of this female warrior is in the field of medical and health care. In other words, after she continues to receive the intermediate cadet army and secondary school education, she has a high probability of becoming a doctor. This doctor will serve all the people in the entire Laizhou region in the days to come. ”
"The money of the state is the collective wealth created by everyone through their labor. Everyone has spent more than 100,000 yuan to train a doctor, and it is not a loss-making business to treat everyone in the future, after all, everyone will get sick, and a doctor can save countless lives in his life. ”
"But in this case, the two families wanted everyone to invest hundreds of thousands of yuan together because of the bride price of a few thousand yuan without any reasonable reason, turning a doctor who might save everyone's lives in the future into a fool's fertility tool."
"That's why our courts are so harsh when it comes to sentencing. After all, in the final analysis, the work of our courts is to safeguard the common interests of all the people through the weapon of law. ”
Later generations said that man is an animal of profit. There is some justification for this.
Before hearing Huang Jinkang's explanation, none of the people's deputies who came to inspect and audit felt that the girl's parents and the fool's parents were a little wronged. In feudal society, children exist as the property of their parents, and the idea that parents have comprehensive power to dispose of their children is not something that can be eliminated in a while.
But Huang Jinkang's explanation turned the private matter between the two families and their children into a public matter that was in the interests of everyone.
Looking at the same problem from this point of view, because of the interests involved, it is impossible for anyone to stand on the side of the parents of the girl who coveted the bride price and the criminal father and mother who wanted to marry the daughter-in-law of their own fool.
Therefore, although Huang Jinkang's interpretation of the case is a little lacking in consciousness and cold-blooded because it is completely from the perspective of interests, this method of interpretation happens to be the best way for these people's representatives who are ordinary laborers to understand and resonate the most.
After sending off the people's deputies who had come to inspect and examine, Li Cixin, vice president and chief judge of the Laizhou District High People's Court, who had been accompanying the people's deputies with Huang Jinkang, said to Huang Jinkang:
"Comrade Huang Jinkang, I remember that you didn't explain this to the comrades in the courtyard at the beginning. I remember what you said to us at the beginning was that, from the point of view of productivity, the female soldier of the junior cadet army represented the advanced and progressive productive forces, while her parents and the foolish family represented the backward and decadent feudalism productive forces. ”
"At that time, you said that our Baath Party is an organization that represents the advanced productive forces and production relations, and that New China is an advanced country that promotes the forward development of the productive forces and production relations of the entire Chinese society. Therefore, from this angle, as a legal department that upholds and implements the will of our party, we must stand on the angle of the advanced productive forces, remove all factors and obstacles that hinder the development of the advanced productive forces through the law, and escort the development of the advanced productive forces. ”
"At that time, your words stopped the comrades of the whole hospital on the spot, why did you change your rhetoric today?"
Huang Jinkang listened to Li Cixin's words, first stopped walking back, and then looked at Li Cixin seriously for a while. After confirming that Li Cixin was sincerely expressing his doubts, Huang Jinkang said to Li Cixin with a very serious expression:
"Lao Li, you also received a special legal education. I remember that the first section of the first chapter of the "Basic Course of Law" talks about the essence of law. If I'm not mistaken, the above definition of law is, 'Law is the embodiment of the will of the ruling class, the instrument of the ruling class to rule over the ruled class.' 'I'm not mistaken, am I? ”
Li Cixin nodded and agreed with Huang Jinkang's words.
Seeing Li Cixin nodding, Huang Jinkang frowned and said to Li Cixin:
"If you think about it from this perspective, isn't it very clear how the sentence should be in that case! China is a country that practices a people's democratic system, and the country's ruling class is the working people. The girl who studied in the Cadet Army was a member of the working people and the ruling class of the country. The girl's parents were bastard lazy people who did not work hard and made a living by giving birth to children to earn subsidies, and the fool's family was the exploiting class that had been running a private silk reeling factory before liberation, and belonged to the objects of control. They are all the objects of the dictatorship of the state. ”
"Therefore, even if we do not mention that they have violated the national laws that have been specially formulated against them, from the nature of the law itself, the most severe sentence for them is the position that our courts must uphold!"
Li Cixin knew that Huang Jinkang had the nickname of "everything is reasonable" before he was transferred from the army to the court. But it wasn't until today that Li Cixin found that what these political cadres said was really reasonable.