Lin Gao Qiming

On the day of the trial, women from ten miles and eight townships all went to the camp in Daxu, Jiujiang. Although the case of Huang’s divorce was not being tried, other cases also greatly satisfied the villagers’ mentality of eating melons, enough for them to eat for a year or two. It's time to talk.After completing the epidemic investigation, the medical team that went to the countryside with the county magistrate also set up a free clinic outside the camp.

Zhang Xiao was very excited about this situation. In his opinion, the more people come, the better. This is not only a "popularization of the law", but also a great opportunity to subtly influence new concepts and ideas to the masses.Therefore, his "going to the countryside" has a certain "performance" in addition to inspection and investigation.

County Magistrate Zhang didn't think his "performance" was a gimmick.Many new things and new ideas are difficult to spread if there are no events that can bring people a strong impact.Just like the opening of the railway in the past, it greatly shocked the people in the poor and remote areas, and brought a huge crack to their worldview.This is more direct and effective than a few rural teachers giving lectures with wall charts and textbooks.

So this time there are not only the opening trial of the circuit court, the free consultation of the medical team, but also the performance of puppet shows by the art group. Guangzhou Puppet Troupe.However, the original Lingao dialect singing is changed to modern Cantonese opera singing.

Facts have proved that in an era when cultural and artistic activities are extremely expensive and scarce, this kind of "localization" transformation is very suitable for the environment.This "Cantonese opera" puppet show, which was born ahead of schedule, quickly became very popular.It is hard to find a ticket for performances in Guangzhou every day.Originally, a theater troupe quickly expanded and was divided into five or six performance groups, performing various "new plays" everywhere.

In order to prevent literary and art groups from becoming "ossified" by eating imperial food for a long time, the cultural and publicity department recently issued a policy that the former actors and staff of the Guangzhou Puppet Troupe can resign from the "Going to the Sea" troupe on their own.The one who came to Jiujiang today is one of the drama clubs.The repertoires performed are naturally Wen Xuankou's new repertoire.Among them is "Spending Money", which promotes the freedom of marriage-in fact, it was changed from "Arhat Money".

Zhang Jiayu feels very fresh about these things.The status of local folk art dramas is not high in traditional society. Although there are plots such as "loyalty, filial piety and righteousness", which have a certain "educational" meaning, for the government, they are more regarded as "indulging in obscenity and robbery".There are many suppressions on opera performances.Sometimes, just to show one's "righteousness", the actors and staff of the local troupe are detained and punished.

The Australians not only do not impose restrictions, but they are "government-run" with great fanfare. They also encourage the organization of new drama clubs and perform everywhere in order to promote their own ideas. This has a great impact on Zhang Jiayu.

In the eyes of traditional literati like Zhang Jiayu, to educate the common people is to gather in a serious manner in county schools, government schools, or even at the gate of the yamen, where officials or local great Confucians preach loyalty, filial piety and righteousness.Only in this way can the "ritual" be reflected.

It is really unbelievable that Australians actually use such means to "educate".However, the content of this performance is all kinds of deviant theories promoted by Australians, which can be considered as a complement to each other.

Zhang Jiayu looked at the busy people around, and found everything new.Wandering around in the camp and Jiujiang, if you see anything new, you have to check it out and ask.Zhang Xiao also told the relevant personnel that there is no need to restrict him, he is allowed to travel, and all his questions can be answered truthfully as long as they do not involve the secret level.

Zhang Jiayu only felt that going to the countryside with Chief Zhang was better than his life experience in the past ten years!This undercover job is really worthless!

He was particularly interested in Liang Xinhu's training of naturalized judicial cadres.Because there is a huge shortage of professionals needed by the judiciary, but this kind of training is relatively long, and it cannot be achieved by short-term assault training.So the relevant training is carried out on a rolling basis.With the old naturalized civil judges and prosecutors as the core, they are divided into study groups, and the newly recruited students are assigned to the groups.Each group should have no more than five people.Adopting the method of bringing the old with the new, the combination of classroom learning and practice observation.

After entering the study group, the trainees do physical exercise in the morning, then explain laws and regulations and judicial concepts, go to various courts to observe trials in the afternoon, and write their experiences in the evening, and each group leader instills Lingao's new social concepts.

After three months of study, they took groups as units and followed the circuit court to "handle cases" in various places.While doing eucalyptus, while studying.

This time the circuit court was led by Liang Xinhu himself, so there were several more study groups.As soon as they arrived at the camp in Jiujiang, they began to teach and train - seize every minute, which is a common feature of the work of the veterans.

Zhang Jiayu also came to "listen in".Compared with the traditional Chinese justice, the Australian justice is completely different. Before Zhang Jiayu came to "undercover", she also went to the Australian court to "hear".He is different from "watching the excitement" of ordinary people, and he does not simply regard these as "overseas anecdotes".Rather, I want to know the inner spirit.

"...Let's continue with the class. Everyone, turn to the third page of the book. Next, I will explain the philosophy of legal workers in the Song Dynasty." Liang Xinhu cleared his throat: "Our training of judges and prosecutors is the basic strategy for implementing the rule of law. The urgent needs of the Senate. The reform of the Senate must ensure that all work is on the track of institutionalization and legalization. We people are the most important part of ensuring the operation of the law. At the same time, you must also take actions to spread legal concepts to society. Every corner."

Zhang Jiayu can still understand this passage - it's nothing more than the idea that being an official must be upright and strict. This is the benefit of having read the book, and it is faster to understand.

However, he has never understood why the Australians want to strip the function of trial from the local governor.It is true that the benefits of stripping are obvious-most of the local officials are from the background of Jinshi, and they are not familiar with the law of criminal names, so they are easily deceived by the scribes below.

But after the divestiture, a brand-new institution was added to the originally relatively simple local government office, and according to the Australians, this special trial institution is not under the jurisdiction of the local government office.

Isn't this a case of a long-term politics?Zhang Jiayu was quite puzzled by this, and immediately asked:
"Chief, officials in the Ming and previous dynasties also have the function of trial. Is it different from the judges and prosecutors you said? Why did the Song Dynasty separate their functions? Moreover, I heard that the county magistrate and magistrate are not in charge of each other, and the government has multiple leaders. Isn’t local administration so inconvenient?”

"Zhang Jiayu, right? You are not a student, but you are listening very carefully!" Knowing Zhang Jiayu's situation, Liang Xinhu nodded appreciatively: "This is a good question. But simply speaking, the main differences are as follows. First, traditional magistrates are in charge of both administration and justice. It is easy to abuse judicial power to complete the tasks of superiors and cause unfair trials. And My Great Song talks about separating the two to avoid the problem of abuse of power. Second, most of the scholars in the Ming Dynasty only read the Four Books and Five Classics before becoming officials, at most they read the Great Letters. It is not only unprofessional and easy to make mistakes, but also there will be problems such as being ostracized by the master. Therefore, the legal education we promote strives to be professional and authoritative."

"The last point is also the most important point." He paused, and his tone strengthened: "The purpose of Ming's officials is to rule the emperor of Ming. As long as they can pass on the stage, they won't care about the people. And The judges and prosecutors of the Senate of the Great Song Dynasty exist to protect the interests of the Senate and the common people, regardless of whether they are rich, gentry or poor.

Speaking of this, Liang Xinhu also became interested.Let's start with some Song Dynasty judicial systems that have been annihilated in later generations.

Although these systems belonged to the Song Dynasty, they were quite advanced in terms of the ideological advancement of their jurisprudence.

"First of all is the closure system," Liang Xinhu said, "This system, as far as I know, is unique to my Song Dynasty..."

Sealed case refers to the fact that when the judges of the Song Dynasty tried some cases of minor crimes (below the stick), they usually put the verdict into the box based on certain considerations after the criminal was given a sentence (such as eighty sticks), and the execution will not be executed temporarily. Sentencing penalty.In fact, it is the probation system, which is sometimes called "jizhang", "kanzhang" and "kanxiazhang".If the criminal can repent, the punishment will not be executed; if the criminal does not want to repent, he will open the box and take out the judgment to execute the punishment. This is called "demolition".

"...Unfortunately, after the first emperor threw himself into the sea on the cliff mountain and Shenzhou land sank, this probation system disappeared without a trace." Liang Xinhu said with great regret, "Actually, whether or not probation is not probation is not the main link. It is the balance of reason, law and justice. Consider."

Zhang Jiayu seems to understand, although he can't tell the reason, but the general joints are clear, and he secretly understands the three flavors in it.

"The next step is the 'Branch Division'."

鞫, that is, prison, the meaning of interrogation; 谳, that is, convicting, meaning that the prosecution convicts; 螫谳 Division, is the separation of "factual trial" and "legal trial", and its principle is similar to the jury under the common law system of the United States and the United States. The judge is responsible for determining whether the crime was committed, and the judge is responsible for the application of the law.The criminal justice system in the Song Dynasty generally practiced the system of separate divisions, and the judge in charge of the "fact trial" and the "legal trial" judge could not be the same person.

"This method is wonderful!" After all, Zhang Jiayu has read a lot of poetry and books, and immediately realized the mystery of it.

Lin Gao Qiming