Section 60 Jurisdiction
Although Zhang Huangyan did not cross the river, he still learned about some things, and he had no objection to cracking down on those armed workers who resisted the Ming army, but the Ming army burned down all the houses within fifty steps along the river without asking any questions, which made him a little worried.
"Zhang Shangshu is right, I burned some houses, but this is to ensure the safety of our army." Deng Ming patiently explained.
But Zhang Huangyan's worries are not as simple as Deng Ming thinks, he is afraid that the Ming army will not be able to hold back in the future: "If it is not wrong to burn the people's houses today, then it is okay to kill the more suspicious people next time, and then kill some people who look a little suspicious in the future may also be forgiven, and in the end, it will definitely develop into the security of the army and can kill all the people who are not 100% reliable." Zhang Huangyan summed up the lessons and lessons of the military discipline corruption in the army at the end of the Ming Dynasty, and came to the conclusion that it should be blocked from the very beginning, and there would be no follow-up development at all: "The embankment of a thousand miles collapsed in the anthill, and the admiral must not be guarded against." β
Zhang Huangyan's thinking was far beyond Deng Ming's imagination, he thought about it very seriously, and replied honestly: "What Zhang Shangshu said is right, but I am the commander of the first army, and I will naturally put the interests of the army first." Speaking of this, Deng Ming also gave two other examples: "Jiang Guozhu and Guan Xiaozhong plundered Zhenjiang, robbed and sold all the women of good families in the city to Nanjing, Suzhou and other places, I have also met unfortunate women who have been kidnapped, but I can't advocate justice for them now, but want to make a deal with Jiang Guozhu; Liang Huafeng killed many soldiers of the Min army, and that Mu Tan, who was born in the Min army, had vowed to avenge his comrades, but now he never mentioned the matter, but seriously negotiated with the envoy sent by Liang Huafeng. β
"These are all wrong, but they are inevitable," Deng Ming repeated to Zhang Huangyan what he had said to his subordinates, but swapped the order of the front and back: "If the army is destroyed, Mu Tan and I will both die without a place to be buried, we all know this very well in our hearts, so we will inevitably put the interests of the army first when acting." β
After patiently listening to Deng Ming's words, Zhang Huangyan showed disappointment: "If you don't set the rules, how can you ensure that they won't wantonly oppress the people in the future?" β
"There is no guarantee," Deng Ming shook his head and said, how the Ming army treats the people is only constrained by Deng Ming's moral level, if Deng Ming is not there, it is to act according to the moral level of other Ming army officers: "Ask yourself, it is this compensation for Cao Gong, it is also because the cost is not large, and my income is far greater than the expenditure, so I am moved by compassion." If I had been as poor as Yu Dongjun earlier, I probably wouldn't have compensated the Caogong. β
This time, his subordinates said that they were just burning the house, but Deng Ming doubted that all the people would leave honestly, and he didn't know if there were any casualties in the process of arson by the Ming army, but Deng Ming would not carefully investigate at all. This is also because he is the commander of the Ming army, and it is impossible for him to find fault with these soldiers who fight with him.
Zhang Huangyan's attention to the people is probably not an advantage for a military commander, Deng Ming feels that this will inevitably tie Zhang Huangyan's hands and feet; However, this is a very rare principle, and respect for justice does not bring benefits to people in many cases, and Deng Ming believes that this is right.
"I don't know if Zhang Shangshu is willing to ...... Never mind. Deng Ming suddenly had an idea, and the question blurted out, but he stopped in the middle of the sentence, and he himself felt a little reckless.
"What did Admiral Deng really build?" Zhang Huangyan asked.
"I thought a little badly just now, a pretty ridiculous idea." Deng Ming laughed self-deprecatingly.
"Whether you want it or not, whether it's ridiculous or not, you have to ask me to know." Zhang Huangyan asked unrelentingly.
I couldn't help but ask Zhang Huangyan again and again, and Deng Ming roughly said his idea: "I don't think it's easy to ask the generals of the army to be self-disciplined, so I just moved an idea......
At present, although Deng Ming has set up a judicial platform in Chengdu, he does not think that Yuan Xiang has really come out of the bureaucratic system of the capital, and he is inevitably still inclined to the position of the government when dealing with lawsuits. In Deng Ming's assumption just now, Zhang Huangyan seems to be a good candidate, if Zhang Huangyan presides over Chengdu's judicial system, most of the people will not have no way to ask for help.
And the army will also be supervised by this judicial system, Deng Ming just now was just a flash, but in the article and answer with Zhang Huangyan, his thinking gradually straightened out: "...... Didn't Zhang Shangshu ask me just now, how to be the head? Now it is up to me to decide whether the treatment of the people is excessive or not, and this time I said that burning the house is not excessive, then it is not; The next time I say that killing is not excessive, then killing is nothing; This time I said that I needed compensation, so the workers could get the compensation silver; The next time I say that the house was burned in vain, the army will not compensate me. Therefore, whether the army has done too much and whether it should pay compensation or not should not be decided by me and other generals, but also by the criminal officer. β
Because of his hundreds of years of experience, Deng Ming does not need to take detours to explore, and directly copy the prosecution and defense system before he crossed over, that is, the prosecution and defense system is the judicial system with the highest evolutionary process and the highest fair and reasonable process that Deng Ming knows. Stimulated by Zhang Huangyan's questions one after another, Deng Ming also tried to recall some lawyer questions.
In the words that Zhang Huangyan can understand, this is the lawyer, the lawyer arose in the middle and second half of the Ming Dynasty, because most of the people did not have the opportunity to read the laws of the Ming Dynasty carefully, so when they arrived in the lobby, they could only be submissive to the official master, no matter what strange things came out of the officials' mouths, the people could only believe it.
In addition to writing pleadings on behalf of the people, the Ming Dynasty litigators specialized in judicial services, and in addition to writing pleadings on behalf of the people, they even developed to the point of speaking for the people who hired them in the lobby at the end of the Ming Dynasty. Sometimes, when both sides hired lawyers, the officials sitting in the lobby had to listen to the arguments of the lawyers invited by both sides, each quoting scriptures from the Great Ming Law and claiming that he was the legitimate party.
With the help of these professionals, it was much more difficult for officials to fool the common people, and there were a lot of descriptions of lawyers in the letters of officials in the late Ming Dynasty, and some newly appointed officials said in their letters that the quarrel between the two sides made his head bigger, because he felt justified by either side - these lawyers had far more judicial knowledge than the officials from the imperial examination, and in the end they simply did not know how to decide the case; In addition, a large number of officials said in the letter that these lawyers were very hateful, because in the past, they could be frightened by just scaring the people who came to sue with a few sounds, and they did not worry about damaging their reputation after the case was decidedβbecause most of the other people were also illiterate, and since the official said that he decided the case on the basis of the reason, the people would also believe itβthe appearance of the lawyer made it much more expensive for the official to arbitrarily decide the case.
After the Manchu Qing Dynasty entered the customs, they adopted severe repressive measures against lawyers, prohibiting anyone from providing judicial services to the people, and if anyone was found to write a petition or provide a hall building, the lawyer would receive the punishment of exile, which was later further increased to the death penalty; In order to completely cut off the need, the Qing court also stipulated that everyone must write their own pleadings when they fight a lawsuit, and if they are illiterate, they can dictate it for others to write down, but there can be no modifications in it - in order to facilitate the identification of officials, the Qing court also set a rule that the person who complains must recite his pleadings in court, and if there is a "word difference", it will be regarded as someone to write on his behalf, and the government will not only not accept his case, but will also beat him out with a stick.
In short, even if the Manchus themselves wrote the laws of the Qing Dynasty, the government did not want the people to understand them, and they hated those who popularized legal knowledge to the people.
"There is no lawyer in Chengdu now, but there will definitely be one in the future, if someone can't afford to hire a lawyer, I think the government should pay to hire one for him, because if there is no lawyer to help him solve his doubts, then it will be easy for the criminal judge to coax the people as much as he wants." Deng Ming's views were even more radical than those of Zhang Huangyan, who was a native of Jiangsu and Zhejiang, many of whom worked as litigators under the Ming Dynasty.
Deng Ming said with great interest that in the future, after the prosecution and defense system is perfected, the disputes of the people of the army will also be arbitrated through this institution. Deng Ming believes that in fact, the army itself knows in its own heart which behavior is said to be in the past and which is unreasonable, and if there is a criminal yamen who takes away the right of trial from the army, the probability of the soldiers committing crimes on the front line may be reduced: "Half of the soldiers in our army are Zhang Shangshu's old department, and seventy percent of the officers are from Zhoushan, if they know that one day they will fall into the hands of Zhang Shangshu, then they will definitely not have the courage to do anything too much in the front." β
After hearing Deng Ming's half-serious and half-joking words, Zhang Huangyan also laughed a few times, and he became interested in Deng Ming's unheard of judicial system. It is impossible for Deng Ming to enumerate all the possible situations in detail, and he has just pointed out that the army's handling of specific problems and forms is reasonable, and it is basically up to the criminal officer to make a judgment.
Remembering that the jury system was moved out, Deng Ming also casually mentioned that in the future, a group of civilians who had nothing to do with the case could be selected to form a jury, and the lawyers on both sides would try to persuade them, and the role of the criminal officer during the period was to prevent either party from blatantly lying, and finally the jury would give a preliminary proposal.
"Let a group of people who don't know the law decide a case?" Hearing this, Zhang Huangyan said with some disapproval: "What if these people have no other reason, just because the criminal woman is handsome, they want to let go of the poisonous woman who murdered her husband?" β
"Of course, the final decision is in the hands of the judge, no
Whatever the juror raises, the criminal officer can overturn, and he can determine guilt or innocence on his own and determine the punishment regardless of the jury's opinion. Deng Ming replied that even in the jury system of his previous life, judges had absolute authority, but judges did not use their rights lightly: "But if you overthrow Jian, you need to write down the reasons in detail, and this reason must be presented to people and displayed in the public around them." β
On the issue of pursuing fairness and justice, Zhang Huangyan seems to have extraordinary talent, Deng Ming has come up with many ideas that he has never heard of, but every time Zhang Huangyan only needs to think about it a little, he can understand the deep meaning behind Deng Ming, and he can also see that Deng Ming is extremely attentive to this system, and has been thinking about it for several years - if Deng Ming was not so young, Zhang Huangyan would think that Deng Ming has been thinking about this system for decades, which is really his exaltation of Deng Ming, who is just copying the product of hundreds of years of tempering.
"Well, this is the same as the use of a lawyer, without the participation of a lawyer, no one knows what the official says, so he can decide as he wants, so Admiral Deng even plans to appoint a lawyer, and there must be a lawyer to participate in the judgment of the case, so that no one will know about the official's favoritism and fraud; However, this was not enough, and Admiral Deng had to design this juror. If most of these dozen or so people are acquitted, then most of the surrounding people should have similar thoughts. If officials want everyone to agree with his sentence, they need to come up with strong reasons, otherwise they can easily be seen as favoritism. Zhang Huangyan pondered for a while, and felt that for officials who wanted to bend the law or arbitrarily decide cases, Deng Ming's method was even more annoying than the previous lawyer.
"That's it, I'm afraid it will cost a lot more money." Zhang Huangyan pointed out this point, that is, the cost of adjudicating cases in the past was relatively low, and if Deng Ming's plan was used, the cost would definitely increase greatly.
"It's just a big case, and no one should be willing to work so hard in a small case." Deng Ming said that the court he envisioned was not a volunteer, but would have to charge the person who came to the lawsuit, and the losing side would pay: "The person who loses the money will probably accept the arbitration of the pavilion, and will not go to the lobby." β
"Moreover, justice is very valuable, and if you can get some money for money, then I don't think the money is unjust." Deng Mingchong smiled at Zhang Huangyan: "Zhang Shangshu Mingjian, I don't always look at this world with the eyes of a commander of the first army. β
"Admiral Deng is right." Zhang Huangyan showed some admiration: "If it weren't for the short term, I really couldn't get away, I really wanted to go to Chengdu immediately, try to see if the Admiral's method is feasible, it's good to think about, but there will often be new troubles when I do it." Wait, if I find someone in Zhoushan who can be entrusted in the future, I will go to Chengdu to be the criminal officer of Admiral Deng. β
"Does Zhang Shangshu really have the idea of leaving Zhoushan?" Seeing that Zhang Huangyan's expression didn't look like a joke, Deng Ming asked with some surprise, if Zhang Huangyan is in charge of the judiciary, of course, it is the most reassuring, but it means that he will leave the army, although Deng Ming said happily just now, he didn't expect Zhang Huangyan to be really moved.
"It's not easy for Admiral Deng to think about this, right? I don't know how much thought went into this. Zhang Huangyan nodded, such a huge legal reform idea did make Zhang Huangyan a little moved, but he couldn't help but think that this was the biggest subversion of the ancestral system since the founding of the Ming Dynasty. In addition, Zhang Huangyan was also a little skeptical about whether Deng Ming would really put the army under the jurisdiction of the criminal officer.
"The Holy Lord has not returned from the southern hunt, we are just in a hurry to follow the power, and when the Holy Lord returns to Luan and the two capitals are recovered, whether these expedient measures are to be retained depends on the will of the Holy One." Deng Ming's tone was relaxed, and he also made a joke: "As for the army, don't worry, the criminal officer is the official of the imperial court, and he guards the saint, not to mention the last general's general, even the gods and Buddhas of the heavens are also under the jurisdiction of the criminal officer." β
Zhang Huangyan laughed twice, and then suddenly found that he seemed to be a little disrespectful to the Bodhisattva, so he hurriedly kept his laughter and changed the topic to something else. When discussing the shipping issue with Deng Ming, Zhang Huangyan began to worry about Deng Ming's concealment of his life experience, and repeatedly muttered in his heart: "You have put on this posture, and you dare to say that you are not a clan?" But which one is it? If Admiral Deng is a side branch, what is the harm of inheriting the Lu Domain? Why didn't he say yes? β
When Deng Ming and Zhang Huangyan were discussing judicial issues with great interest, Ma Fengzhi on the side felt extremely bored, and the two of them were not interested in the topic or content of the things Ma Admiral, and they couldn't understand it at all, if it weren't for Deng Ming and Zhang Huangyan's noble status, Ma Fengzhi would almost doze off on the spot.
But Ma Fengzhi heard the last few sentences, and immediately understood the conversation between the two just now, and he summed up the gist and kept it in his heart: "It turns out that Admiral Deng is a glass of wine to release the military power, just now I have been talking about the army, and what are half of the soldiers and seventy percent of the officers, this is Admiral Deng hinting that Zhang Shangshu has too many people." And Zhang Shangshu was also very interested, and expressed his willingness to consider leaving Zhoushan and going to Chengdu to be a civilian official who was not in charge of the army. And Admiral Deng happily repaid Zhang Shangshu: he said that except for the saint, that is, he himself in the future, everyone else will belong to Zhang Shangshuguan, which is obviously a promise to give him a position below one person and above ten thousand. I was so stupid, I didn't react at all after listening to it for so long, alas, I thought I had been training in officialdom for so many years, and it was okay, but it still looked far behind. β
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Today, when Deng Ming and Zhang Huangyan talk about his vague constitutional ideals, the last sentence is outright joking, but the missionaries who tried to enter China a hundred years later did not think so.
Despite the warnings, there are always those who want to spread their religion more widely. In the universe of Deng Ming, Christianity was in great trouble, because soon after its introduction, there were people who wanted to bring the penitential to the penitential justice against God for mistreating their deceased relatives and throwing them into the flames, insisting that they were devout believers and convinced of the existence of hell, and demanding reparations from the Church, which claimed to be God's agents. At first, the church was very surprised by such a complaint, but later learned that in the short period of 100 years of constitutional government, China's native religion has evolved to the level of only promoting good and not punishing evil.
For thousands of years, temples have often placed couplets to scare pilgrims, saying that those with crooked lips and squinted eyes in this life have been retributioned for insulting the reciter in their previous lives. As a result, a large number of lawsuits were filed, some of which were defamation lawsuits by disabled people, demanding that the temple produce evidence to prove that they had done wrong things in their previous lives; Part of it is a complaint of injury, and part of it means that they admit that they have been disrespectful to the Buddha in their previous life, but the Buddha's revenge is obviously too heavy, so they demand compensation.
In addition, there are also commercial fraud complaints, some pilgrims present the records and certificates of previous incense donations, accusing the Bodhisattva of taking money and not working, and asking the criminal officer to support compensation; However, after the temple found a few witnesses to prove that it worked, a large number of commercial discrimination lawsuits emerged, accusing the Buddha of inconsistent quality of goods.
Religious figures tried their best to defend themselves against attacks with the weapon of "sincerity in heart", but the plaintiff's lawyer reminded the prosecutor that the temple did not provide a detailed manual defining what sincerity is and how to achieve it, so it was still commercial fraud. There were temples that were forced to print such manuals, but were prevented from doing so by their own lawyers, who pointed out that it was easy to print them, but that the pilgrims who followed them would be able to do so, otherwise they would not be able to escape a commercial fraud.
A large number of temples are closing their doors in endless lawsuits, and those that have won the lawsuits have also been demoralized, and now not only is there no more threatening propaganda, but as soon as pilgrims enter the mountain gate, they can immediately see the disclaimer of each temple in the most conspicuous place:
"Burning incense is buying a lottery ticket, and you may not be able to win!"
"Sincerity may not be spiritual! There is no guarantee that 100% of wishes will be fulfilled. β
Of course, this disclaimer will be strict and damaging to the image, but since the rate of return is indeed not 100%, the voluntary declaration is the only way to avoid liability.
There are similar disclaimers in Taoist temples, and they are also trying to distance Taoism from the God of Wealth and the God of Thunder to avoid lawsuits for commercial fraud or deliberate harm. Now people can worship the god of wealth at home, but if there is a temple that collects money for incense under the sign of the god of wealth, then they will immediately see the poor god coming.
There are many other gods and goddesses associated with disasters who have also become homeless outcasts, and all religious groups with property are eager to draw a line with these gods so as not to get into trouble.
The feng shui industry also suffered from the pond fish, and the feng shui gentlemen's guild came into being, spending huge sums of money to hire lawyers to develop industry-standard contracts and constantly innovate. The contract states that Feng Shui is very unreliable, and that Mr. Feng Shui does not guarantee that it will bring a good degree of authenticity, effectiveness and success rate, and that the customer is already very aware of this and is willing to take a risk in the future - only after the customer signs this contract, Mr. Feng Shui will start work that they do not guarantee the true effectiveness and success rate.
So all the newly landed religions soon found themselves facing the same problem, and every lawyer they consulted suggested that they revise their doctrine and post a conspicuous disclaimer. If they can't do that, they're doomed to collapse.
The gods and Buddhas are also under the law and are subject to the jurisdiction of the commissioner.
(End of chapter)