"Do you think that Zhang Erniu's mother and brother were wrongly convicted of concealment?"

In the civil officer's office, Liu Minyou and Chen Xin were discussing alone. Chen Xin nodded and said, "I just think that the judgment is wrong, and it is obviously guilty." ”

Liu Minyou shook his head resolutely and said: "My conclusion is the opposite of yours, I think we are wrong." Further, the basis of the law should be based on human nature, that is, the moral standards agreed upon at this time, not the standards that the two of us have copied from us. The formation of case law based on folk moral norms should be in line with local moral consensus. ”

Chen Xin also said firmly: "If you don't pursue your relatives, it will be very difficult to arrest the criminals, and you must invest more public manpower and material resources, and sooner or later you will have to set up a police station, this kind of precedent is not a good thing for your civil department." Second, there is a law of joint sitting in the army, and surrender and escape also require family members to sit together, and if such a precedent is formed in civil affairs, the impact on military law will be great. ”

"But from the perspective of family members, family affection cannot be severed, the foundation of society is family affection, and it may be beneficial to pursue the crime of harboring all in the short term, but in the long run, it will affect the bond of family affection and the foundation of social trust, which is the reason why I opposed Huang Side's practice of reporting each other in the first place. Let's ask about today's case, if his mother and brother report Zhang Erniu or send him to the official, the knot in his heart will be difficult to solve for a lifetime, and he will be resentful. Besides, after being sent to the official, how should the neighbors treat them, and how can they survive in the community? As the saying goes, tiger poison does not eat children, what reason is there to ask his mother to send Zhang Erniu to the official, and if he does not send the official, he will be criminalized, in fact, they have already been blocked at both ends. He has not sinned, but he is in a desperate situation. Any provision of the law must be based on human nature, otherwise it is not the meaning of the law. ”

Chen Xin raised his hands and said, "Which is better or worse?" It's hard to tell. But given the current conditions, I don't think it's appropriate to promote it on a large scale. You also read the su zhì of Tunhu just now, they don't understand the spirit of the law, and I have doubts about the reasonableness of their decision. ”

"Why do you need people who know the law? The jury is originally composed of the simplest people, the purpose is to use simple and widely accepted social morality to determine whether there is a crime or whether the evidence is valid, the logic is often simple, in order to exclude the legal tendency of the jury, professional legal professionals cannot be selected for the jury, so the reason you said is not valid. The case law, which is based on the simple moral standards of the common people, is the most widely agreed. In the laws of the previous generations of the Ming Dynasty, most of the relatives and friends were not guilty of protection, and looking at the appearance of those listeners, it seems that they also think that it should be so, which is in line with the conclusion of moral cognition at this time, and I don't think there is a mistake in judgment. ”

Chen Xin shook his head and smiled, "Actually, in my opinion, the biggest benefit of your jury is that it only shares the pressure of the judge." Especially in controversial cases, the focus of the attack will be on the jury, so that the authority of the judge can be maintained. ”

Liu Minyou argued: "There is more than one advantage, and the jury system can also be called democratic justice. It is easier to eliminate the judiciary**, and this method can also have a restraining effect on the clans and gentry, and can also cultivate the democratic thinking of citizens in the long run. ”

"A person will cheat for personal gain. The same can happen to nine people, or they can even cheat when choosing. Just because the community is different, there will be different cognitive standards, and then different judgments will be obtained. The Simpson case illustrates that this system is similarly flawed and does not represent the broadest possible acceptance. Therefore, the mere distinction of legal systems cannot solve this problem. The solution to judicial justice does not lie in the common law system and the civil law system, but requires the coordination of the broader social system, and all aspects can be cooperated. In the same way, democratic thinking is not a good medicine for social problems, although there are positive examples of Western countries, there are also negative examples, look at India, the Philippines and other democratic countries, not only are they economically underdeveloped, but they are also among the best in the world. ”

"The system of Tunpu needs to be changed, and a system suitable for a wider range of systems needs to be established, and we cannot rely on the tun chief to govern the world......"

Chen Xin interrupted loudly: "No single system is a cure for all diseases, and the needs of the time can determine what is most suitable. In addition to the system, measures can also be used to replace, for example, a certain intersection prohibits vehicular traffic, do you say that it is effective to formulate a system of prohibiting traffic and find someone to enforce the law, or is it effective to put a few cement piles? I think cement piles are more effective, and that's the measure, because I don't need to lecture people to ban traffic, and I don't have to make it difficult to enforce the system. At present, what Dengzhou Town needs most now is not judicial justice, but a high degree of centralization and efficiency, and I would rather use effective cement piles than a fair and inefficient system. ”

Chen Xin was quite excited, and after finishing speaking, there was silence between the two for a while, and Chen Xin softened his tone after a while: "But I think that today's incident can remind the two of us, after all, we are outsiders, although it has been ten years, but the difference between the moral norms that have been passed down for many years at this time still exists, some things, maybe we think that we have more than hundreds of years of cognition, must be advanced and right, but it may not be, only the practice that is suitable for the here and now can be called correct." ”

Liu Minyou patted his leg and said, "Although the implementation of this jury is a loophole in the imperial court, I think it is necessary to continue at this time, as for the future system, we can put aside the dispute and leave it for the future to be resolved slowly." In the past, I said that there is a long way to go, but today I realized that there is an even more difficult thing to do, that is, I have a heavy responsibility and I don't know where the road is. ”

Chen Xin shook his head and said: "We just don't know how to get to the most ideal state, but the general direction is very clear, the people are rich, the country is strong, and the society is just." The two of us may not be able to figure it out for a while, but we can help it try not to go wrong. What is the best path, I'm afraid no one knows. The road has to be taken step by step, and any idea that one system solves all problems is dangerous. ”

Liu Minyou did not back down, "In the same way, I think it is dangerous to deny a system because of a certain issue, and I insist that we still need to continue to pilot, even if we use the civil law system, we also need cases to complete the foundation." ”

Chen Xin stood up and said with a smile, "That's right, although we have disputes, we can continue to compromise in practice, and it's a shame that you dare to keep reminding me, which is beneficial at all times." You can continue the pilot, but it is not advisable to expand the scope because I have a more difficult task this year and I can't let anything affect this major aspect. It's time for me to go to Pingdu State, and I have to take the most important step this year, which is the basis for any ideal state in the future. ”……

Three days later, at the Pingdu Prefecture training base, the battalion-level offensive formation was being practiced on the large school ground, and the four companies of the two phalanx thousand headquarters were advancing in two rows, and behind the two flanks were the Mandarin Duck Formation Division, and the whole formation was flying with flags.

Chen Xin carefully observed with a telescope on the platform, and Li Donghua and Liu Pojun stood beside him to accompany him.

Li Donghua did not use a telescope, he held a booklet and said to Chen Xin: "My lord, this is the sixth battalion of soldiers, which has been expanded and handed over to our company by the Mobilization Department. ”

Chen Xin said lightly: "Let's talk about the composition of officers." ”

"Because the martial arts officers and students give priority to supplementing the two newly built battalions in southern Liaoning, most of the officers of the sixth battalion are promoted from the second and third battalions, and the same is true for non-commissioned officers. In terms of the chief officer, the battalion officer is the former commander of the first battalion of the guards, and the deputy battalion officer also served as the commander of the soldiers. ”

Chen Xin nodded, there are four newly built battalions in this batch, one of which is in Wuchang, two are in Jinzhou, and the sixth battalion is the sixth battalion. At the earliest, there was also a plan to have a tenth battalion, which was stationed in Linxian County, but it was rejected at a meeting, and sometimes Chen Xin was not alone in his decision.

Chen Xin waited for a while and said, "Cancel the ninth battalion in Wuchang and form it on the spot in Denglai." ”

Li Donghua hesitated for a moment and said: "My lord, Zhu Daichun has sent many letters, saying that Liukou has re-entered Henan, and may enter Huguang in large numbers at any time, and Wuchang is in urgent need of troops, otherwise it will not be able to advance steadily in the direction of Xiangyang, and at this time, the ninth battalion will be suddenly canceled, and he is afraid that the plan will be disrupted." ”

"My plans have been disrupted, too." Chen Xin turned his head to look at Li Donghua, "Henan and Huguang are very urgent, but this official does not have so much strength to fight Jiannu and Liukou at the same time, Liaodong Jiannu is weak, and we are dragging it in Liaodong, although it is not urgent, it is more important, between important and urgent, I plan to choose an important side." With the soldiers and horses of the imperial court still being able to deal with the rogues, we will completely defeat Jiannu this year and end our state of facing the enemy more, and then it will be our turn to clean up the rogues, and when the time comes, Zhu Daichun will give him a few battalions if he wants a few battalions. ”

After Li Donghua stayed for a while, he immediately stood up and said: "Don't worry, my lord, my subordinates will arrange it in Pingdu immediately." ”

Chen Xin turned to Liu Pojun again, "I need a very detailed plan for the autumn offensive, you must mention the greatest spirit, we have never had such a large-scale and large-scale transfer in Dengzhou Town, except for the newly built ninth battalion, all other Denglai and Liaonan standing armies must be assembled in Liaonan, and some reserves need to be mobilized, and the Dragoon Thousand Headquarters in Linxian County will also be transferred back, and the defense will be handed over to the local reserves." The routes, garrisons, grain and grass supplies, military stations, concealed strategic intentions, tactical deception, enemy situation, battlefield selection, etc., all I have to see in the plan of the Military Order Division, although it is still summer at this time, in fact you don't have much time, and I don't have so many ships to transport troops at once. ”

"My subordinates understand." Liu Pojun said excitedly, he and Li Donghua are both from Liaodong, from the moment Dengzhou Town landed in Liaonan, they were waiting for the time to completely recover Liaonan, and now Chen Xin finally said the time they had been waiting for for a long time.

If an offensive is to be launched in the autumn, Dengzhou Town needs to be mobilized early, especially in terms of materials and military rations, and this large-scale transfer also needs to hide from the eyes and ears of the imperial court and Jiannu, because the main force of Dengzhou Town will be transferred to southern Liaoning, and even some of the reserve troops will be transferred.

Therefore, the plan that Liu Pojun needs to make involves a very wide range, not only the deployment of Liaodong, but also the defense of Denglai itself, as well as the containment of Linxian and Wuchang.

A military horn sounded on the playground, and the Mandarin Duck Formation Division attacked from both flanks, crossed the phalanx and began a rapid assault.

Chen Xin looked at the advancing Flying Tiger Banner and said in a low voice, "Nine years, Huang Taiji, I don't have time to spend it with you." (To be continued......)