The next afternoon, the officers in the yamen, oh! No, it was the "security officers" of the new government who were shouting in the streets and alleys with "iron horns". "The neighbors heard it clearly! At the beginning of tomorrow morning, the Xinan Military Management Committee will hold a public trial meeting at the south gate, and all the gentry and ordinary people can go to attend and observe the trial of the military management committee for those who have recently committed adultery in the city. ”

The handling of these traffickers sparked a heated debate at the regular meeting of the management committee this morning. On the one hand, Huang Fanding, chairman of the management committee, Shen Xingshi, general political commissar of the Guangfu Army, Chen Jianhua, an "expert" in literature and history, and Qin Shanfeng, minister of health and director of the base hospital, are led by the lighter faction; On one side are Ma Angelica, commander-in-chief of the Liberation Army, Chen Weifu, director of the Xin'an County Military Management Committee, Yun Suixin, a former public security expert, Zhuang Xue'er, director of the Women's Rights Protection Center (an organization not recognized by the management committee), and Xia Yusi, a former female clerk of a grassroots court.

Xia Yusi, a former clerk of a grassroots court and one of the few "professional" legal workers among the survivors, is a female "**silk" who is only in her early twenties and has not been in the ranks of civil servants for two years. With an ordinary appearance, an ordinary family, and a fairly good education and luck, he stood out in the civil service examination where thousands of troops crossed the single-plank bridge, and served an iron rice bowl. It's a pity that the career has not started and is facing "unemployment", in the apocalyptic world, the law is useless, everyone is struggling to survive, fortunately, a group of sane people spontaneously formed a new "society", and the female "**silk" has a peaceful sky. In a new time and space, a new world, a female clerk finds herself on a new stage, and in order to stand out in the new system, she takes the first step towards becoming a judge. Now, she is using her professional knowledge to argue for her own opinions, and she has the style of "tongue war".

"Article 240 of the Criminal Law of the People's Republic of China: Whoever abducts or traffics women or children shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years and shall also be fined; In any of the following circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; where the circumstances are especially serious, the sentence is death and confiscation of property. Xia Yusi stood on the podium and explained the legal provisions to the leaders of the management committee. The following circumstances include: (1) the ringleader of a group that abducts and traffics women and children; 2. Abducting or trafficking in three or more women or children; 3. ** Trafficked women; 4. Enticing or coercing trafficked women**, or selling trafficked women to others to compel them; 5. Using violence, coercion, or narcotic methods to kidnap women or children for the purpose of selling; 6. Stealing infants and young children for the purpose of selling; 7. Causing serious injury, death, or other serious consequences to trafficked women, children, or their relatives; 8. The ...... of Selling Women and Children Abroad" Reading this, Xia Yusi put down the book in his hand and began to compare the articles with the actions of the three traffickers. "There are five traffickers, which can be counted as a gang, and the middle-aged woman is the leader, that is, the ringleader, which is in line with the first article; They used narcotic methods to kidnap in the course of committing the offence, which again complies with article 5. Even according to the "Qing Dynasty Statutes", these people are sentenced to death. To sum up, it is appropriate for us to sentence the middle-aged woman to death and the two male accomplices to life imprisonment. ”

"Isn't it legal to buy and sell people in this day and age?" Huang Fanding asked. "If we sentence the death penalty at every turn, will it arouse the disgust of the people?"

"The normal human trafficking in the Qing Dynasty was legal, and there was a special "human market" in Beijing during the Shunzhi period, which was recorded in history: 'Shunchengmen Nei Street mule and horse market, cattle market, and sheep market. There is a city of people again. Its women want to sell a lot of people. 'The juxtaposition of human markets with livestock markets shows that the government allows human trafficking to exist legally. The objects of sale in the market are mainly women, who are no different from livestock when they are sold, and buyers often ask women to strip and inspect the goods. Remove the clothes and build fat on the skin. Look at it, there is no scar. The source of goods in the human market is mainly the wives and daughters of poor families, and historical materials often express it as "the poor lack food, and sell their wives to make a living". Chen Jianhua began to sell his professional knowledge again. When several wolf friends heard the paragraph "buyers often require women to strip and inspect the goods", they couldn't help but be full of yearning for the human market.

"Human trafficking mainly refers to the illegal sale of persons against the will of the parties through inducement or violence. This kind of criminal activity has existed for a long time in history, and the Qing Dynasty was very prominent. At that time, human traffickers were driven by huge profits to abduct and sell women and children. The trafficked persons are mainly from poor areas. While allowing normal human trafficking, the Qing government severely cracked down on the crime of human trafficking. "Xia Yusi is also confident in his professional field, and he can tell historical allusions and legal provisions." The "Laws and Criminal Laws of the Great Qing Dynasty" clearly stipulates: 'Anyone who abducts a woman's children, or sells them as pawns, or gives wives and concubines, regardless of whether he or she is a slave or a maidservant, has been sold or not, but who is seduced, and if the person who is lured does not know about it, he shall be the head, and the person who is lured shall be hanged and imprisoned, and the person who is lured shall not sit." If a young child is abducted with medicinal bread and all evil arts, he shall be hanged at the head. 'Accomplices and those who fail to report their knowledge are exiled to Ningguta. At the same time, it is stipulated: 'If a woman commits a crime, she will sit with her husband, and if she does not know and has no husband, she will still sit with her own woman (100 rods, and the remaining sins will be redeemed.' The rule here is that the first offender is hanged, and if drugs are used, he is hanged. ”

"So are we using the Criminal Law of the People's Republic of China? Or is it a copy of the "Laws of the Qing Dynasty"? Shen Shixing asked.

Xia Yusi opened the materials found from the archives again, "In order to ensure the intensity of the crackdown on human trafficking, the Qing government has strengthened the management of normal human trafficking in Guizhou and other places, and adopted certain restrictive measures. The Qing government stipulated: 'If a citizen from another province buys the children of the poor people in Guizhou, he will be ordered to report to the local government to use the seal to buy it.' However, one person is not allowed to buy or take four or five people to other provinces. During the sale, both parties must sign a contract and have a seal stamped by the government to pass through the customs. If the magistrate fails to find out, the Miao men and women will be bought with printing and sold to the Sichuan sellers, and they will be dealt with as usual. The Qing government's "Great Qing Statutes" specifically stipulates the punishment measures for the abduction and trafficking of Guizhou women, which shows a strong pertinence and is rare in history. The law stipulates: 'In Guizhou, there are foreign gangsters who collude with local gangsters, abduct people's children to Sichuan and other provinces for trafficking, and even forcibly kidnap people living in deserted villages to be trafficked, and the leader will be immediately beheaded, and the law will be corrected in the place where the crime is committed; For the servants are all planned to be hanged and imprisoned. If there is a person who causes death. He was an accomplice to the prison sentence. If the local steward knows about the wrongdoing, he will be dealt with as usual. The township guards were not effective in their investigations. Eighty rods, leather servitude. Whoever knows the reason for the indulgence will have a hundred rods. Those who gain wealth and sell it will be punished with a heavy punishment for perverting the law, and the sin will be punished with a hundred rods and three thousand miles. This is a legal sanction for foreign traffickers and official malfeasance. The law also severely punishes the criminal acts of local nest owners: 'All those who have guidance, abduction, concealment, and delivery of evidence for sale shall be verified, and the kiln will be opened as the first case, and the first offender of the same Sichuan dealer shall be sentenced and punished in the place where the crime was committed." They have no guidance, abduction, or delivery, but they hide, escort, or share the spoils. Regardless of the amount of stolen goods, regardless of the head and follower, the border guards are sent to fill the army. Whoever is the leader of the stolen goods shall have a hundred rods and three thousand miles, regardless of the number of people; and a hundred rods for servants, and three years. and his neighbor shall know and not be headed, a hundred rods. Therefore, article 240 of the Criminal Code is in the same vein as these. Personally, I think that in order to make the people clear the difference between us and the Qing government, it is better for us to use the Criminal Law of the People's Republic of China! ”

"For these scum who have lost their conscience, one shot is already cheap for him." Zhuang Xue'er said viciously.

Ma Angelica also spoke in support of Xia Yusi. "In troubled times, the use of heavy codes is like the strike hard in the eighties of the last century, to deter those criminals in one fell swoop."

"The official definition of the 83-year strike hard is that 'we cannot copy the policy of light punishment in Western countries, and the punishment must be heavier than that of the West in general, and we must be strict and severe in moderation.'" So China's crackdown is seen by Western countries and human rights groups as disproportionately severe. Originally, it was mainly aimed at stealing and cracking down on 'hooliganism', but at that time, the so-called 'death penalty for stealing one yuan' appeared. Some of the 'hooligans' were sentenced to death, some were sentenced to decades in prison, and some were 'dispatched' to remote areas to be locked up in labor camps. Marshal Zhu De's youngest grandson was directly shot for 'playing hooliganism' during this period, and this news caused a great sensation in society at that time. A young man took some scantily clad photographs of his girlfriend, and for that alone, the young man was sentenced to death and the young woman was sentenced to prison. In Xi'an, a middle-aged woman named Ma Yanqin was sentenced to death for organizing an underground dance party and was slandered for "engaging in sexual relations." In 1984, Niu Yuqiang, a 20-year-old Beijinger, was sentenced to death with a two-year reprieve by a court for hooliganism for snatching hats, smashing glass, and fighting, making him the last person to be sentenced by a court in China for 'hooliganism'. "For the operation led by the chief designer in 83, Xia Yusi learned from a lot of information." Criminal policy is derived from and serves the practice of criminal justice. The establishment of each criminal policy has its profound historical background and ideological and cultural origins, which originates from the summary of criminal justice practice experience and scholars' research on criminal law and criminological theories, and is the product of the organic combination of judicial practice and legal theory. Since the founding of the People's Republic of China, Chinese criminal law scholars have gradually established the science of criminal policy on the basis of conducting extensive analysis and research on the criminal phenomena, causes of crime, characteristics of crime, and punishment methods in various periods, and have successively put forward a series of criminal policies, such as 'suppressing rebellion' and 'striking hard,' and so on, which have played a great role in guiding China's criminal legislation and judiciary and maintaining social stability. We are now facing a situation that is even more serious than it was in '83, not only dealing with general criminal offenses such as theft, robbery, fraud, etc.; This was followed by the cleaning of brothels, casinos, opium dens and other places where filth and dirt were hidden; As well as various forces independent of our system, such as: local clan forces, feudal guilds, bandits in the mountains, pirates in the sea, and so on. This is similar to the situation at the time of liberation, and if we fail to establish the authority of our regime at the first opportunity, we will surely have endless troubles. ”

Finally, the female clerk made a "closing statement". "In the current period of transition between the old and new systems, the conflicts between various interests have become more intensified, social contradictions have become more intense, the social security situation has become more severe, and the relative lag of criminal policies has become more prominent. The criminal policy I advocated was reasonable and timely against the historical background of that time, and its role was enormous, and it will certainly provide a good social environment for us to build a new society in this new time and space! ”

After listening to Xia Yusi's explanation, the vacillating centrists all expressed their support for strict and severe punishment, and finally the meeting adopted by an absolute majority the resolution of "Severely and Quickly Cracking Down on Criminal Elements in Accordance with the Law."