Chapter 0762 Jury System
When Emperor Chongzhen Zhu Youzhen arrived at the gatehouse, the guards below, and several palace maids and eunuchs selected by Wang Chengen in the palace immediately knelt down, they were all specially trained, and the rules in Wang Chengen's mansion were even bigger than those in the palace!
Chongzhen Emperor Zhu Youzhen waved his hand, "Zhang Huiyi, Zheng Yuelin." ”
The reason why he called the two women outside the door was that he didn't want to go in, he didn't want to sit down, he just wanted to say a few words to the two women on this crowded occasion.
Zhang Huiyi and Zheng Yuelin are talking softly about the emperor's new policy in the gatehouse, and the two of them have been in the center of the Ming Dynasty for some days, Zhang Huiyi is an official of the Imperial History Observatory, equivalent to the official of the procuratorate in later generations, and Zheng Yuelin is an official of Dali Temple, equivalent to the official of the Supreme People's Court in later generations! Both of them have some experience, and they have slowly adapted to the spirit of some of the laws newly formulated by the emperor! They are just like those who have not been officials selected by the emperor by the examination order, but they are more able to adapt to the emperor's legal spirit, and the officials and people in the Gyeonggi area of the Ming Dynasty are also slowly adapting, and many people feel that the people are randomly drawn to participate in the trial of the case, and the jury system is an initiative of the emperor to promote the democratization of the legal system!
The jury system refers to a system in which a specific number of citizens with the right to vote participate in deciding whether a suspect is prosecuted and whether he is guilty. U.S. law obligates every adult U.S. citizen to serve on a jury. However, those who are dissatisfied, do not live in the country, do not know English, have a hearing impairment, or have a criminal record, are not eligible to serve as jurors.
HOLDSWORTH, AN EXPERT IN BRITISH LEGAL HISTORY, IS ONE OF THE MOST IMPORTANT TOOLS FOR THE BRITISH ROYAL FAMILY TO INFILTRATE LOCAL POWER.
It should be noted that Henry II initially only applied juries to civil proceedings. But it didn't take long (two years later). He introduced criminal proceedings for the jury for the same reason (strengthening the royal family. As history has always shown. Due to the weak sense of the state in the early days, the right to prosecute crimes was largely in the hands of private individuals. This was used in England at the time as "appeal for serious offences". The system of felony appeals (not appeals in today's sense) gave the male subjects of the victim the right to sue for felonies (minor "offences" may not be considered crimes at all, but merely ordinary torts), and the jurisdiction to appeal for felonies was strengthened by the Crown in the time of Henry II. Felonies were increasingly seen as appeals to the king's peace and national security, and with so limited the intensity of the charges and crackdowns on crimes (private individuals were often too private to prosecute for fear of losing the case), it was only natural that Henry II was anxious to find other cures for crime. At last. Henry II had in mind the jury he was familiar with, one that would swear a felony to the royal circuit judge.
This is where the indictment arises. This kind of prosecution jury is convened by the royal circuit judge from the hundred-household district, and the circuit officer asks the jury whether a crime has been committed, and the suspect is reported to the circuit official or face a heavy fine, and those who are reported are subjected to the royal court or the circuit judge as a defendant The "water trial" law allows a few judges to deal with hundreds of cases in a matter of days. IN THE WORDS OF DAWSON, AN EXPERT ON ENGLISH LEGAL HISTORY, THE USE OF JURIES WAS A GREAT FEAT THAT "ALMOST MADE LOCAL PRIVILEGES INSECURE," AND THE ROYAL POWER PENETRATED INTO THE LOCAL INTERIOR. The indignant persecution of Magna Chata by the feudal aristocracy in 1215 was a manifestation of this excessive encroachment of royal power on feudal local power. To be clear, at first Henry II simply used grand juries to "extend the jury to criminal trials." The accused are still subject to the divine judgment - the water trial.
However, in the 13th century, human reason gradually reared on the rise. Principles of canon jurisprudence, Pope Innocent III judged the situation and convened the Fourth Lateran Council in 1215, at which the divine judgment that prevailed in Western Christendom was abolished. This has forced the introduction of new trial procedures in secular criminal cases. Against this historical backdrop, the British royal family introduced trial juries into criminal trials. This is the criminal petit jury, however, in order to crack down on domestic crimes as much as possible and maintain order in the kingdom, he wants to prosecute the entire criminal trial. Therefore, the king tried to control the petty jury, and the petty jury tried to follow the king's will. At first, his method was to have a portion of the indicting jury enter the petit jury, and to make up the petit jury, that is, the king picked out from the indicting jury a subset of members whom he trusted (who made up the majority of the petit jury) and then dotted a few from the outside to form the petit jury.
Obviously, such petit juries would generally plead guilty to the accused, since most of the jurors were the ones who had accused, and more importantly, if the jurors "decided" the defendant not guilty at a court trial (as members of the petit jury), they would have been severely punished, because the king had stipulated that a juror could not contradict each other." Later, the popular discontent grew, and in 1351-1352 the king had to order that members should be allowed to object or recuse themselves, and naturally those who had participated in the prosecution jury were generally opposed and "eliminated." Gradually, the size and size of the company were finally completely separated.
However, the king still racked his brains to try to control the small juries, such as the jurors were to be selected by the royal officials; For a long time (to the time of presenting other evidence or witnesses before a jury; Even for a longer period of time, the defendant is not allowed access to legal counsel; If a jury makes an erroneous verdict of guilt and is held accountable, there is no formal remedy for an erroneous conviction (a new trial of an erroneous verdict on a criminal jury provided for a new trial until the mid-17th and 14th centuries when it was granted), but if the jury renders a verdict of not guilty and acquittes the accused, even if it is correct, the jury will be severely punished by the king. It was in this way that the king used all sorts of methods to prosecute criminal juries (and of course this harsh accusation was also found in civil juries), so that they served the king in his fight against crime. Needless to say, the criminal jury is also nothing more than a tool for the royal family to achieve and maintain its centralized power.
FOR THIS REASON, MANY CRIMINAL DEFENDANTS REFUSE TO ACCEPT A JURY TRIAL, AND IT IS DIFFICULT TO GUARANTEE JUSTICE, BUT THE KING USED ALL KINDS OF TORTURE TO FORCE THE DEFENDANT TO SUBMIT TO A JURY TRIAL (UNTIL THE 18TH CENTURY, THE DEFENDANT DID NOT APPLY FOR A JURY TRIAL, IN THIS REGARD, MAITLAND BLUNTLY STATED THAT THE REASON WHY THE JURY (CRIMINAL AND CIVIL) CAN SPREAD AND EXPAND RAPIDLY IN THE UNITED KINGDOM AND BE STABLE IS FUNDAMENTALLY DUE TO THE POLITICAL NEEDS OF THE BRITISH ROYAL FAMILY.
Zhang Huiyi and Zheng Yuelin's hearts during this time were all on the emperor's new law, Zhang Huiyi actually wanted to do her job well, no matter what attitude she had towards the emperor, but she was able to take over her father's title, which for Zhang Huiyi, she had to respect her current work, and her dissatisfaction with the emperor had nothing to do with it.
And Zheng Yuelin obviously wants to do a good job of her official than Zhang Huiyi, she knows that Chongzhen Emperor Zhu Youzhen is actually a prisoner of Xunlou, and the more she comes into contact with this man, she finds that her whole heart is on this man.
In fact, there are many aspects that need to be improved in this judicial system and legal system formulated by Emperor Zhu Youzhen, and the promulgation he borrowed was based on the legal principles of the transition period from feudalism to capitalist economy during the Republic of China.
And that time was unsuccessful, not to mention Zhang Huiyi and Zheng Yuelin, even the Chongzhen Emperor Zhu Youzhen himself, he didn't know very well that this legal system itself had many loopholes, and what would become of it if it was implemented in the Ming Dynasty? (To be continued......)