Born in Singapore in 1842, Wu Tingfang studied law at the London College and obtained a doctorate and barrister. Later, he returned to Hong Kong to work as a lawyer and became the first Chinese member of the Hong Kong Legislative Council. In 1882, he joined the shogunate of Li Hongzhang as a legal adviser and participated in the Sino-French and Shimonoseki negotiations.

In September 1909, at the age of 67, Wu Tingfang became the chief justice of the central government of the Republic of China.

As the Mengshan Army advanced to the southeast on the third route, the government of the Republic of China, which had only been established for a month, was scattered, and Wu Tingfang, who had basically nothing to do and did not even have time to receive a salary, was originally going to go abroad to avoid trouble, but he changed his mind because he received a handwritten letter from Long Qian sent by Song Jiaoren, in which Long Qian praised Wu Tingfang for having both ability and political integrity, and his reputation was particularly important, and hoped that he would come to Beijing to participate in the establishment of the new government and play a leading role in laying the foundation of the judicial system of New China.

It was not that some of Long Qian's humble letters moved the young Wu Tingfang, but that the idea of establishing a sound legal system and a judicial system independent of the government that took up a lot of space in Long Qian's letters moved the old gentleman. China's history is so long, it is not a pure society ruled by people without laws, and the successive dynasties have no own laws? The "Great Qing Law" is true, but which ruler said that the establishment of a judicial system that is not subject to the control of the government? Wu Tingfang, who was deeply impressed by the Anglo-American judicial system, firmly believed that fair judicial adjudication comes from an independent judicial system, and the premise of justice without independence would be lost. Unexpectedly, the commander of the Mengshan Army, who was a bandit leader in his eyes, would have such an opinion! This could not but surprise him. Song Jiaoren, who had already gone north to Beijing and assumed the post of deputy director of the Propaganda Bureau of the Mengshan Military Commission and was responsible for preparing for the establishment of the National Congress, gave a detailed account of his situation after entering Beijing and Long Qian's idea of founding the country. Song Jiaoren said that he is a real democracy rather than a fake democracy, and he is as good as a stream, open-minded, generous, and far-sighted, and he has admired Mr. for a long time, and wants to wait for the seat of the Minister of Justice, and the establishment of the judicial system of New China is waiting for Mr. to show his talents, and he hopes to take the country as the priority to go north to take office.

Song Jiaoren was a major general of the Kuomintang and has now become a guest of honor in the new dynasty. It is said that Tan Renfeng and Yu Youren also joined the new dynasty and were reused. Wu Tingfang couldn't be unmoved. But he still wanted to take a look.

Although Wu Tingfang had the experience of studying abroad and serving in the Qing Dynasty, he served in the Li Hongzhang shogunate for many years. Despair of the Manchu Qing has long been made. I thought it was the influence of Sun Wen's struggle for more than ten years. Who did the Manchus do? With his knowledge and insight, he will definitely be able to establish a real republic, but who would have thought that the Mengshan army would sweep the world in a few months, and even Sun Wen would have to avoid trouble. Wu Tingfang, who was completely unfamiliar with the Mengshan Army and had hostility in his heart, did not dare to fully believe in the call of the two bigwigs in Beijing. He also wanted to see if Mengshanjun's actions were in line with his appetite. Wang Mingyuan's Southeast Military Region occupied Jiangning, Suzhou, Hangzhou, and even Shanghai. This is not a grass army, but an army with strict military discipline and lofty ideals, and what Wang Mingyuan did to pacify the southeast can confirm that what Song Yuchu said is true. In November last year, Tang Shaoyi came to Shanghai on business. He brought a message from Long Qian again, prompting him to return to Beijing with Tang Shaoyi and accept the post of adviser to the Foreign Affairs Bureau.

The reason why he went to the Foreign Affairs Bureau instead of preparing for the establishment of the Ministry of Justice was because Long Qian had a banquet to talk to him, and the center was in urgent need of diplomatic talents, and the establishment of the Ministry of Justice would wait for the convening of the National Assembly and the establishment of the government, and the power to promulate the law belonged to the National Assembly, and the Ministry of Justice was the department that implemented the law, and it was better to assist Tang Shaochuan in solving diplomatic problems first. Although the National Assembly has not yet been established and the establishment of government institutions is still under repeated consultations, the Ministry of Justice is a must, and the future Minister of Justice is none other than Mr. Justice.

Wu Tingfang then proposed to Long Qian the general principles for the establishment of the judicial system of the new government, which was the key to his decision on whether to join the new government.

In response to Wu Tingfang's solemn questioning, Long Qian said that the judicial system is related to social fairness and justice, and it is an extremely important matter, but I don't understand this business, you are an expert. I just think that the judiciary is related to the people's livelihood and happiness, and if the tax is heavier, the people may be able to accept it, but the judicial injustice will cause a large number of unjust and wrongful cases, which will have a very bad impact. Don't take it lightly. Since you ask this question, you must want to see if I, a guy from a ring horse, understand the true meaning of justice. Then I'll take the axe and talk about the layman's opinion. I believe that the judiciary must be absolutely independent of the executive, and that in the future, the legislative power will be in the National Assembly, and any law must be approved by the National Assembly before it can be promulgated and put into force. The Ministry of Justice is the department of judicial administration and does not have judicial power. In order to establish a complete judicial system, it should be composed of the Constitutional Court, the High Court (at the provincial level), the Intermediate Court (at the municipal level) and the basic courts (at the county level), whose powers should be regulated by procedural law. Among them, the Constitutional Court only hears whether it is unconstitutional, half of the cases are indifferent, and the death penalty must be approved by the High Court. In addition to this, an independent judicial inspection system should be established to check the auditing courts. The inspection system has the right to protest against the trial of unreasonable cases. Whether the inspection system should be located in the Ministry of Justice or in a separate prosecutor's office, I have not decided on it. However, the current situation is that it is necessary to get a good grasp of the establishment of judicial schools in order to train judicial talents in New China, and this cannot wait, and I have already talked to Mr. Cai Yuanpei about the establishment of various types of professional schools, and you should know each other, and you can put forward your ideas to him, and the management of judicial schools can also be separated from the Ministry of Education and transferred to the Ministry of Justice.

These words dispelled Wu Tingfang's concerns, and he sincerely said that Mr. Long has this idea, and the country and the nation are very fortunate. Wu is an old man, and he wanted to spend more than a year in Yilin Springs, but since the president is determined to do so, Wu is not talented, and he is willing to do his part to establish an independent and civilized judicial system, and only hope that the president will be the same.

Long Qian smiled and said, Mr. Wenjue, please rest assured, New China will be a civilized and progressive modern government, judicial independence is the trend of the times, the trend of the trend, how dare Long go against the tide?

Wu Tingfang stood up, since this is the case, I heard that Wang Zhaoming was arrested for assassinating the president, can the Wang case be handed over to the court in the future for trial? And not a court-martial?

Also present at that time was Jiang Yun, director of the State Security Bureau. Listening to Long Qian's solemn explanation of the principles established by the judicial system for Wu, he had already nested a fire in his heart. I thought that you, a family slave with three surnames (Wu Tingfang first served in the Qing court and then joined the cabinet of the Republic of China, and now he joined the Mengshan Army, is this ridicule) also dared to squeeze my family commander like this, it is inevitable that you are a little overpowered. He immediately retorted, "Wang's case caused the death of innocent people and the serious injury of a soldier, and it should be dealt with by military law." Moreover, the Kuomintang used such despicable means to assassinate the country's supreme leader, which had an extremely bad impact. If we do not punish them severely, will we not connive at the enemy's intensification? Jiang Yun glanced at Long Qian, "Mr. Wu." The KMT's move angered the Mengshan soldiers. Several commanders rebuked me. Raise soldiers for a thousand days, can't you return blood for blood? I won't hide it from you, if it weren't for the strict suppression of my commander, Sun Wen's head would have been on his neck a long time ago! ”

Wang Zhaoming, who planned the Dongzhimen assassination case, was imprisoned in a temporary prison under the State Security Bureau. The case has been concluded. Jiang Yun had already put forward opinions on how to deal with it. Wang Zhaoming as the mastermind, Yu Peilun as the executor, the death penalty. Huang Fusheng and Chen Bijun as accomplices. He was sentenced to be assigned to the Northwest Reclamation for life. But Long Qian pressed it down and did not reply.

Wu Tingfang had long heard of this person under Long Qian. But it's the first time I've seen it, surprisingly young, like a college student who is studying, especially when he lowers his eyelids, he looks a little shy. In any case, it was unthinkable that such a young man with beautiful eyebrows would actually control Long Qian's most powerful intelligence department. After Wu Tingfang came to Beijing, he immediately asked Tang Shaoyi about Wang Zhaoming, and Tang Shaoyi said that Wang Zhaoming would be in trouble if he fell into the hands of Jiang Yun, and his yamen was too mysterious for anyone to deal with him, including military generals and people in the government affairs system. Jiang Yun's naked threat just now still revealed his age, Wu Tingfang didn't think it was a warning to himself, but it sounded really uncomfortable.

"The law is the law, because of its fairness. The reason why a civilized country is a civilized country is that everyone is equal. Mr. Jiang has been following the president for a long time, so doesn't he understand the president's true intention to build a civilized country? ”

Jiang Yun: "I don't read much, unlike Mr. Wu, who has studied both Chinese and Western, but I also know that killing people to pay for life is a great truth since ancient times. It is said that when Han Gaozu entered the customs, he made three chapters of the law with the people of Qin, and the first was to kill people to pay for their lives. That Liu Bang claimed to have abolished Qin Shi Huang's harsh punishment law, and he couldn't help but keep this article. Wang Zhaoming's plot to assassinate was unsuccessful, affecting the innocent, what is the difference between killing people with his own hands? Even if Mr. Wu is the adjudicating judge, can he bend the law for personal gain because he is also from the People's Party? If so, what is the fairness of Mr. Ng's words? ”

Long Qian looked at Jiang Yun in surprise, this rebuttal was extremely sharp, which made Wu Tingfang a little unable to answer, he didn't expect this kid to read some books over the years. But this was not the time to argue about the case, so he waved his hand to stop Jiang Yun, "Mr. Wu, if it weren't for Wang's identity, this case would have been disposed of a long time ago." Just as Director Jiang said, he caused the severe consequences of one death and one injury, and it must be dealt with, even if I don't pursue it, the innocent people who died at his hands will always have an explanation. Director Jiang was not lying just now, and the State Security Administration has that ability. However, I have always opposed the use of assassination to solve the political problem, which would be too inferior. Since Mr. Wu wanted to have a fair trial to handle the case, yes, I agreed. Let's try it as the first important case in New China, so as to show our determination to govern the country according to law. ”

Rule of law? Evidence-focused? Jiang Yun silently stared at the face of his only boss, he actually didn't care about Wang Zhaoming in the secret prison, he was already a dead man, he had lost any meaning, he was concerned about the enemies who had not yet been exposed and not the prisoners in the cage.

"No, this is not my rule, I don't need evidence in this line of work, I don't interrogate but only judge." Jiang Yun said to himself in his heart.

If anyone really understands his heart, then that person is me. Jiang Yun's gaze shifted from the leader's face to the verdant bonsai on the black desk, no longer participating in the conversation between them. And the conversation between them is clearly over.

Although Wu Tingfang was a cabinet member of Sun Wen, he did not have a deep relationship with Wang Zhaoming, and the reason why he raised this matter was indeed entrusted by important members of the Kuomintang in the past. The old man thanked the president here, not for the Wang family, but for the people of the world. ”

That's exactly what it is. However, Mr. Wu, although the rule of law is our common goal, it does not happen overnight. Because even if the center is so determined. It will take time for all those below to correctly understand the original intention of governing the country according to law, and even more so, a large number of judicial talents who regard the law as their life. Moreover, it is more important to popularize the law among the entire population, so that the people know the law and abide by the law, which is the palliative solution. ”

President Jin Yu's good words, Wu kept in mind. The president is so clear about the difficulty of the rule of law, Wu thinks that it is the premise of the country's implementation of the rule of law. Please rest assured that Wu will do his best to live up to the president's high expectations. "Excited. Wu Tingfang, who has always been steep on the cliff, actually expressed his position like this.

If you understand what Wu Tingfang has done in recent years. It is understandable why they are so enthusiastic about building a modern judicial system.

Wu Tingfang lamented the fall of the Qing court more than once. In Wu Tingfang's view, the Qing court's new policy was not a showmanship but a real one, and it almost achieved judicial independence.

Ng Ting-fong, who had studied Western law for many years and obtained the title of Doctor of Laws in England, returned to China from Hong Kong in 1882. started by being a personal secretary to Li Hongzhang. Before the Qing court issued the appointment of the Minister of Cultivation. Wu Tingfang was only a candidate for the fourth rank, and in 18 months, the Qing court issued four decrees to promote him to his official position. When he participated in the cultivation of the law, he was already the right attendant of the Ministry of Foreign Affairs.

Wu Tingfang has indeed fulfilled his mission and worked hard for judicial independence and civilized trials. He was responsible for revising many new laws, such as the Criminal and Civil Procedure Law of the Qing Dynasty, the Commercial Law of the Qing Dynasty, the Bankruptcy Law, and the Law on Printed Materials of the Qing Dynasty.

Wu Tingfang hated corporal punishment. The mortality rate of prisoners in the prison was as high as 35 percent, and a large number of prisoners died under appalling corporal punishment, which was partly caused by the extremely backward judicial system of the Manchu Qing Dynasty.

There are many cases, there are few personnel handling cases, and the time limit is too tight, so there is no better way not to extort confessions by corporal torture. In the Qing Dynasty, the time limit for the conclusion of ordinary homicide cases was six months: the prefecture and county had to close the case within three months and resolve the prefecture, the prefecture should be dismissed within one month, the department should be dismissed within one month, and the governor should be reported to the emperor within one month. Thefts and murders with serious circumstances were even shorter, only two months. If the deadline is exceeded, it will be fined and demoted.

In 1908, Xu Wenjun, who served as the magistrate of Jurong County, was once judged as advanced in five cases of "upper prosecution" and 29 cases of "self-management" because he took office in one month, and recorded great merits twice. However, with a case closure rate of more than one case per day, it is difficult to say that there are no grievances among them.

According to the research of Japanese scholars, the county government of the Qing Dynasty received about 7,000~10,000 submissions every year, and up to 15,000. Even if only one-tenth needs to be accepted, the county government should try 70~100 cases per month, and even a "model worker" like Xu Wenjun can only complete one-third.

When the policy is set in this way, the pressure at the grassroots level will naturally turn into violence. Therefore, from 1901 onwards, Liu Kunyi, Zhang Zhidong and other knowledgeable feudal officials put forward "compassionate prison", "provincial criminal responsibility" and "heavy public evidence". Wu Tingfang, who studied Western law, put forward the law of "case to prove".

In 1902, Liu Kunyi, Zhang Zhidong, and Yuan Shikai, who had just been transferred from Shandong to the governor of Zhili, jointly sponsored two judicial experts: Shen Jiaben, the left waiter of the Criminal Department, who had been in Qiucao for a long time and was proficient in criminal names, and Wu Tingfang, who was an envoy to the United States who "practiced foreign affairs and was an expert in the western rate", led the judicial reform.

Under the auspices of Wu Tingfang and Shen Jiaben, the three tortures of Ling Chi, beheading, and killing corpses were replaced by beheading, hanging, and imprisonment. The Qing court approved all of their plans to strictly prohibit torture to extract confessions and to train labor skills for petty crimes such as thieves.

In October 1906, the Qing court attempted to impose judicial independence. The Criminal Department was changed to the Ministry of Justice, which was in charge of judicial administration and no longer had the function of adjudication. The Dali Temple, which was originally in charge of review, was changed to the Dali Yuan, as the highest judicial organ, and the General Procuratorate was set up in the Ministry of Justice, which was the highest supervisory organ and exercised supervision power independently.

The soul of this qiē is Wu Tingfang.

However, Wu admitted that the Qing court's judicial reforms in the last few years did not produce significant results. As Long Qian said, the country is too short of well-educated judicial talents, so although there are good intentions from above, they can't understand the intentions of the bottom, and still act according to the past methods, disappointing the good intentions of the imperial court. What's more critical is the ignorance of the people, which Long Qian also mentioned, it is necessary to strengthen education and let the people know the law and abide by the law is the root cause.

The issue of education is even more urgent. Cai Yuanpei, who had worked in Shandong for many years, actually refused the call of the Republic of China, preferring to stay in Shandong to engage in his higher teacher education, which shows that Shandong has something to attract him. I have long heard that Cai was summoned to Beijing, but he has not seen it yet, it is said that he has returned to Shandong on business, and he wants to see the initiator of the Restoration Society earlier, how will he lay out the great cause of education in New China? (To be continued......)