Section 60 Jurisdiction
Although Zhang Huangyan did not cross the river, he still learned some things and had no objection to cracking down on the canal workers who resisted the Ming army with weapons. However, the Ming army burned all the houses within fifty steps along the river without any doubt, which made him a little worried.
"Shangshu Zhang is right. I burned some houses, but this is to ensure the safety of our army." Deng Ming explained patiently.
But Zhang Huangyan's concern was not as simple as Deng Ming thought. He was afraid that the Ming army would start this, so he could not stop in the future: "If it is not wrong to burn the people's houses today, it would be okay to kill the more suspicious people next time. If you kill some people who look a little suspicious in the future, you might be forgiven for the safety of the army. In the end, it will definitely develop for the safety of the army and kill all the people who are not 100% reliable." Zhang Huangyan summarized the experience and lessons of the military discipline in the late Ming Dynasty and concluded that it would be blocked from the beginning. If you don't open this head, you will naturally have no subsequent development: "A thousand-mile dike will collapse in an ant hole, and the admiral must be careful."
Zhang Huangyan's thoughts were far beyond Deng Ming's imagination. He thought seriously and answered honestly: "Zhangshu Zhang is right, but I am the commander of the first army. I will naturally put the interests of the army first." Deng Ming also gave two other examples: "Jiang Guozhu and Guan Qizhong plundered Zhenjiang and robbed all the good women in the city and sold them to Nanjing, Suzhou and other places. I also met unfortunate women who were kidnapped, but now I cannot advocate justice for them, but want to make a deal with Jiang Guozhu; Liang Huafeng killed many soldiers of the Fujian army. Mu Tan, who was born in the Fujian army, once vowed to avenge his comrades, but now he never mentioned this matter, but negotiated with the envoy sent by Liang Huafeng seriously."
"These are all wrong, but they are inevitable," Deng Ming repeated what he said to Zhang Huangyan, but exchanged positions in the order of the front and back: "If the army is destroyed, Mu Tan and I will die without a burial place. We are very clear about this in our hearts, so when we act, we will inevitably put the interests of the army first."
After listening to Deng Ming patiently, Zhang Huangyan showed disappointment: "If the rules are not determined, how can we ensure that they will not bully the people wantonly in the future?"
"There is no guarantee," Deng Ming shook his head. How the Ming army treated the people was only restricted by Deng Ming's moral level. If Deng Ming was not there, he would act according to the moral level of other Ming army officers: "Ask yourself, even if you compensate the canal workers this time, it was because the cost was not large, and my income was far greater than the expenses, so I felt compassion. If I was as poor as the XU Dong Army, I would probably not compensate the canal workers."
This time, his subordinates said that they were just burning the house, but Deng Ming doubted whether all the people would leave honestly, and did not know whether there were casualties in the Ming army's arson, but Deng Ming would not have carefully investigated it. This is also because he was the commander of the Ming army, and he could not have been able to get along with these soldiers who followed him to fight.
Zhang Huangyan's emphasis on the people is probably not an advantage for a military commander. Deng Ming thinks that this will inevitably bind Zhang Huangyan's own hands and feet; however, this is a very rare principle. Respecting justice will not bring benefits to people in many cases, and Deng Ming thinks this is right.
"I don't know if Zhang Shangshu is willing or not... forget it." Deng Ming suddenly had an idea and blurted out the question, but he stopped halfway through his words, and he himself felt a little reckless.
"What advice does Admiral Deng have?" Zhang Huangyan asked.
"I thought it a little badly just now, a very ridiculous idea." Deng Ming smiled mockingly.
"I'm willing or not, whether it's absurd or not, I have to ask me before I know." Zhang Huangyan asked repeatedly.
Unable to help Zhang Huangyan asking again and again, Deng Ming roughly said about his idea: "I don't think it's easy to require the generals of the army to be self-disciplined, so I just had an idea..."
Although Deng Ming has set up a judicial platform in Chengdu, he does not think that Yuan Xiang has really emerged from the bureaucratic system of the capital, and he inevitably tends to the position of the government when handling lawsuits. In Deng Ming's previous idea, Zhang Huangyan seems to be a good candidate. If Zhang Huangyan presided over the judicial system in Chengdu, most people will not have no way to ask for advice.
The army will also be supervised by this judicial system. Deng Ming just now was just a flash of thought, but in his article and answer with Zhang Huangyan, his ideas gradually straightened out: "... Didn't Zhang Shangshu ask me what was the first? I have the final say whether the people are too much now. This time I say that burning a house is not too much, then killing is nothing. This time I say that compensation is needed, so the cabbage workers can get compensation silver; next time I say that the house is burned in vain, the army will not compensate. So whether the army is doing too much, should it be up to me and other generals, and should also be up to the criminal prosecutor."
Because of hundreds of years of experience, Deng Ming did not need to take detours to explore. He directly copied the prosecution and defense system before his time travel. The prosecution and defense system is the judicial system with the highest degree of evolution and the most fair and reasonableness known to Deng Ming. Stimulated by Zhang Huangyan one question after another, Deng Ming also tried hard to recall some lawyer issues.
In the words Zhang Huangyan could understand, this is a litigationist. Litigationist emerged in the middle and lower dynasties of the Ming Dynasty. Because most people did not have the opportunity to read the laws of the Ming Dynasty carefully, they could only be timid in the lobby. No matter what strange and strange things were spoken from the officials, the people could only believe it as true.
The lawyers in the Ming Dynasty were specialized in judicial services. They were proficient in the provisions of the Ming Dynasty. In addition to writing certificates on behalf of the people, they also developed to the point of speaking for the people who hired them in the lobby at the end of the Ming Dynasty. Sometimes both parties hired lawyers, and officials sitting in the lobby had to listen to the lawyers invited by both parties, and each quoted scriptures from the Ming Dynasty's laws and claimed that they were the right party.
With the assistance of these professionals, it was greatly difficult for officials to deceive the people in the hall. There were a lot of descriptions of litigants in letters from officials in the late Ming Dynasty. Some newly appointed officials said that the quarrel between the litigants on both sides made him think it was reasonable because he heard from each side. These litigants had a lot of judicial knowledge than officials from the imperial examination, and in the end they didn't know how to settle the case. There were also a large number of officials who said that these litigants were very hateful, because in the past, they could scare the courage to break them by just scaring the people who complained a few times, and they didn't worry about their reputation being damaged after the case was settled - because most other people were also ignorant of the law. Since the officials said that his case was based on the basis, the people would also believe that the appearance of litigants greatly increased the cost of officials' random case determination.
After the Qing Dynasty entered the pass, severe suppression measures were adopted against the litigants, prohibiting anyone from providing judicial services to the people. If someone was found to write a certificate or provide advice on court, the litigant would receive the punishment for exile and later further increased to the death penalty. In order to completely cut off the needs, the Qing court also stipulated that everyone must write the certificate by themselves when suing, and if they were not literate, they could dictate and let others record the transcripts, but there could not be any modifications. In order to facilitate the identification of officials, the Qing court also set rules that those who complained must recite his confession paper in court. If there is a "one word difference", they will be regarded as asking someone to write it on their behalf. The government will not only not accept his case, but will also beat him out.
In short, even if the Qing Dynasty laws were compiled by the Qing Dynasty themselves, the government did not want the people to understand them, and even hated those who popularized legal knowledge to the people.
"There are no lawyers in Chengdu now, but there will definitely be one in the future. If someone is unable 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, it will be easy for the criminal officer to deceive the people." Deng Ming's view is even more radical than Zhang Huangyan, who is from Jiangsu and Zhejiang, and many people here are engaged in the legal profession under the Meiji.
Deng Ming said enthusiastically that after the prosecution and defense system is improved in the future, disputes between the people of the army will be arbitrated through this institution. Deng Ming believes that the army itself knows in his heart which behavior is past and which one is unreasonable. If a yamen in the Execution Office takes the right to judge from the army, the chances of soldiers committing evil deeds on the front line will be reduced: "Half of the soldiers in our army are old subordinates of Zhang Shangshu, and 70% of the officers come from Zhoushan. If they know that one day it will fall into Zhang Shangshu's hands, they will definitely not have the courage to do anything too much in front of them."
After hearing Deng Ming's half-serious and half-joking words, Zhang Huangyan also laughed a few times. He became interested in Deng Ming's unheard of judicial system. Deng Ming could not list all possible situations in detail. He just pointed out that the army's handling of specific issues and situations was reasonable, and it was basically judged by the criminal prosecutor.
He remembered that the jury system was moved out, and Deng Ming also mentioned it casually that in the future, a group of civilians who were not related to the case could be selected to form a jury, and the lawyers of both parties tried to convince them. The role played during the criminal prosecution was to prevent either party from lying openly. Finally, the jury gave a preliminary suggestion.
"Will a group of people who do not understand the law determine the case?" Hearing this, Zhang Huangyan said disapprovingly: "What if these people have no other reason, just because the criminal's wife is handsome, they will let go of the poisonous woman who murdered her husband?"
"The final decision is of course in the hands of the prosecutor. No matter what suggestions the jury proposes, the prosecutor can overturn it. He can ignore the jury's suggestion to determine whether he is guilty or not, and determine the punishment." Deng Ming replied that even in the jury system in his previous life, the judges had absolute authority, but the judges did not use their rights easily: "But if the suggestion is overturned, the reason needs to be written in detail, and this reason must be taken out to meet people and made public."
In the pursuit of fairness and justice, Zhang Huangyan seems to have extraordinary talents. Deng Ming has come up with many unheard of ideas, but every time Zhang Huangyan thinks about it for a moment, he can understand the profound meaning behind Deng Ming. It can also be seen that Deng Ming is very dedicated to this system and devotes himself to 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. This is really his praise of Deng Ming. The latter is just a product that has been tempered by hundreds of years.
"Well, this is the same as the use of a litigator. Without a litigator, no one knows right or wrong, so he can make the decision as he wants. Therefore, Admiral Deng even plans to appoint a litigator. There must be a litigator in the case to be involved in the case to make the officials compulsory and fraud will not be unknown. However, this is not enough. Admiral Deng has to design this juror. The law is not out of favor. If most of these dozen people convict people, most of the people around him should have similar ideas. If officials want everyone to agree to his punishment, they need to come up with strong reasons, otherwise it will be easily regarded as compulsory and fraud by everyone." Zhang Huangyan thought about it and felt that for officials who want to abuse the law or randomly make the case, Deng Ming's method was even more annoying than the previous litigator.
"I'm afraid I'll spend a lot of money even if it's like this." Zhang Huangyan pointed out this point, that is, the cost of filing cases was relatively low in the past. If Deng Ming's plan was used, the cost would definitely increase greatly.
"It's just a big case, and no one is willing to mobilize the masses in small cases like this." Deng Ming said that the court he imagined was not a volunteer, but would charge fees for those who sued, and would pay from the loser: "Those who are in the wrong will probably accept the arbitration of Tingshi and will not cause trouble in the lobby."
"And, justice is very valuable. If you can get some money by spending money, then I don't think it's unfair to spend this silver." Deng Ming smiled slightly at Zhang Huangyan: "Zhang Shangshu Mingjian, I don't always look at this world with the eyes of the commander-in-chief of the army."
"Admiral Deng said it well." Zhang Huangyan showed some fascination: "If I hadn't been able to pull myself away in the short term, I really wanted to go to Chengdu immediately and try to see if the admiral's method is feasible. It's good to think about it, but there are often new troubles when doing it. Wait, if I find someone to entrust in Zhoushan in the future, I will go to Chengdu to be the punishment officer for Admiral Deng."
"Shangshu Zhang really has the idea of leaving Zhoushan?" Seeing that Zhang Huangyan's expression didn't seem to be a joke, Deng Ming asked in surprise. If Zhang Huangyan was in charge of the judiciary, it would be the most reassuring, but it means that he left the army. Although Deng Ming was happy just now, he did not expect that Zhang Huangyan was really moved.
"It's not easy for Admiral Deng to think about this? I don't know how much effort it took here." Zhang Huangyan nodded. Such a huge concept of reform of the law and hair did make Zhang Huangyan a little moved, but he couldn't help but expect that this was the biggest subversion of the ancestral system since the founding of the Ming Dynasty. Although many places had been unrecognizable in the past, Deng Ming blatantly overthrew and started over again. In addition, Zhang Huangyan also had some doubts about whether Deng Ming would really put the army under the jurisdiction of the criminal prosecutor.
"The emperor has not returned to the south, and we are just a matter of urgent power. When the emperor returns to Luan and the two capitals are restored, whether these temporary measures should be retained depends on the emperor's wishes." Deng Ming said with a relaxed tone and joked: "As for the army, there is no need to worry. The imperial officer is the imperial officer and guards the emperor's servant. Not to mention the military general, even the gods and Buddhas in the sky must be under the imperial officer and the imperial officer."
Zhang Huangyan laughed twice, then suddenly realized that he seemed to be disrespectful to the Bodhisattva, so he hurriedly kept the laughter and turned the topic to another place. While discussing shipping issues with Deng Ming, Zhang Huangyan began to worry about Deng Ming hiding his life experience, and repeatedly muttered in his heart: "You have put on this posture, but you dare to say that you are not a royal family? But which family is it from? If Admiral Deng is a side branch, what's wrong with inheriting the Lu family? Why didn't he agree?"
When Deng Ming and Zhang Huangyan were discussing judicial issues with great enthusiasm, Ma Fengzhi next to him felt extremely bored. The two discussed things from the topic to the content, Admiral Ma had no interest at all, and they could not understand them at all. If it weren't for Deng Ming and Zhang Huangyan's noble status, Ma Fengzhi would have almost dozed off on the spot.
But after hearing these last few sentences, Ma Fengzhi understood all the conversations they had just now. He summarized the general idea and kept it in his heart: "It turns out that Admiral Deng was releasing military power by a cup of wine. He just talked about the army, half of the soldiers, 70% of the officers. This is what Admiral Deng implied that Zhang Shangshu had too many people. Zhang Shangshu was also very tactful and expressed his willingness to consider leaving Zhoushan and going to Chengdu Admiral Deng to be a civil servant who was not in charge of the army. Admiral Deng was very happy to repay Zhang Shangshu: It was said that except for the emperor, that is, he himself in the future, everyone else belonged to Zhang Shangshu. This was clearly a promise to give him one person and one person above ten thousand people. I am so stupid that I didn't react at all after hearing it for a long time. Alas, I thought I had been practicing in the officialdom for so many years, and it seemed that it was still far from it."
...
Today, when Deng Ming and Zhang Huangyan talked about his vague constitutional ideals, the last sentence was a complete joke, but missionaries who tried to enter China a hundred years later did not think so.
Although there have been warnings, there are always some people who want to spread the religion they believe in more widely. In the Dengming universe, Christianity was in great trouble, because shortly after it was introduced, some people wanted to prosecute the prisoner to sue God for abuse of their dead relatives and throw them into the sea of fire. The prosecutor insisted that they were devout believers, believed in the existence of hell, and asked the church, who claimed to be a proxy of God, to compensate them. At first, the church was very surprised by such a complaint, and later learned that in just one hundred years of constitutional time, the doctrine of China's native religion evolved to the height of only promoting good and not punishing evil.
For thousands of years, there have been couplets on temples that scare pilgrims, saying that people with crooked mouths and squint eyes in this life were retribution for insulting the chanters in their previous lives. As a result, they were told a large number of complaints, partly the slander and prosecutors of disabled people, requiring the temple to provide evidence to prove that they had done wrong things in their previous life; partly the slander and accusation of hurting people, which means that they admitted that they had verbal disrespect to the Buddha in their previous life, but the Buddha's revenge was obviously too heavy, so they demanded compensation.
In addition, there are commercial fraud reports. Some pilgrims took out records and certificates of donating incense and accused the Bodhisattva of not working for money and asked the prison officer to support compensation. However, after the temple found several people to prove that it was indeed effective, a large number of commercial discrimination complaints emerged, accusing Buddha of the quality of the goods inconsistent.
Religious people tried their best to resist attacks with the weapon "Sincerity is the Spirit", but the plaintiff's lawyer reminded the criminal officer to pay attention that the temple did not provide detailed manuals to define what sincerity is and how to achieve the state of sincerity, so it was still commercial fraud. There were once a desperate temple who really wanted to print such manuals, but they were blocked by the lawyers they invited. They pointed out that printing such manuals is easy, but they must ensure that pilgrims operating in accordance with this manual can realize their wishes, otherwise they will still not be able to escape a commercial fraud.
A large number of temples are closing their doors endlessly, and those who have won the lawsuit are also seriously injured. Not only is there no intimidating propaganda, but pilgrims can immediately see the disclaimer of each temple in the most conspicuous place as soon as they enter the mountain gate:
"Burning incense is to buy lottery tickets, and you may not win!"
"A sincere heart may not be effective! There is no guarantee that a wish will be achieved 100%."
Of course, this kind of disclaimer will seriously damage the image, but since the rate of return is indeed not 100%, then proactive declaration is the only way to disclaim liability.
There are similar disclaimers in Taoist temples. At the same time, they are trying their best to clear the relationship between Taoism and God of Wealth and Thunder to avoid being involved in commercial fraud or deliberate harm. Now people can worship God of Wealth at home, but if there is a temple that uses the God of Wealth to collect incense and money, they will immediately see the poor god coming.
There are many other gods related to disasters, and they have become homeless abandoned children. All religious groups with industries are eager to draw a line with these gods to avoid causing trouble.
The Feng Shui industry has also been affected by the fish. Feng Shui Master Guild came into being, and he spent a lot of money to hire lawyers to formulate industry standard contracts and constantly innovate. The contract says that Feng Shui is very unreliable. Feng Shui Master does not guarantee that the authenticity, effectiveness and success rate will bring far-reaching authenticity, effectiveness and success rate. Customers already know this very well and are willing to take risks in the future. Only after the customer signs the contract, Feng Shui Master will start their work that does not guarantee the authenticity and success rate.
Therefore, all the new religions will soon find that they face the same problem, and every lawyer they consulted advises them to modify the teachings and post a prominent disclaimer. If these work cannot be carried out, they will be destined to fail.
Gods and Buddhas are also under the law and are under the jurisdiction of the criminal prosecutor.
(End of this chapter)
Chapter completed!