Add Bookmark | Recommend this book | Back to the book page | My bookshelf | Mobile Reading

Free Web Novel,Novel online - All in hlnovel.com -> Historic -> The Young Marshal s Spring and Autumn Period Through the Republic of China

Chapter 378 Please respect the independence of the judiciary

Previous page        Return to Catalog        Next page

    You can search for "Young Marshal's Spring and Autumn Period Through the Republic of China" on Baidu to find the latest chapters!

    Wang Ruizhi, the former director of the Trial Department of the Liaoning High Court and now the director of the Northeast Judicial Committee, who also admired the young marshal greatly, was inspired by it. He and Wang Ruizhi, who was the secretary of the young marshal, the director of the Xinmin Judicial Commission, and the current secretary of the Discipline Inspection Commission of the People's Party  Together with Wu Jiaxiang, at the initiative of Northeastern legal circles, we launched a large-scale, long-lasting and far-reaching discussion: the relationship between party rule and the rule of law.

    The People's Party's influence is growing. There is basically no doubt that the People's Party will finally gain power in the Northeast. It is not impossible to seize power nationwide in time. But when that day comes, under the premise that "the party | leads the country" in Zhang Hanqing's founding purpose of the party, the party's power will  Which one is greater than legal power?

    Since the Qing Dynasty, "European winds and beautiful rains have rushed eastward", and theories and political systems including constitutionalism and separation of powers were introduced into China, starting an experiment in constitutionalism.  In line with this, a set of Western-style judicial concepts and systems with judicial independence as the main purpose have also begun to develop in China.  After the founding of the Republic of China in 1912, it continued.  Many laws and constitutions during the Beiyang government period also have the same or similar provisions, reflecting the country's demands for judicial independence and transcending party politics during the Beiyang era.

    But in official history, starting from the 1920s, with the rise of the National Revolution and the establishment of the Kuomintang party-state system, the "non-party" judiciary promoted in the Beiyang period was gradually "incorporated" into the Kuomintang party-state system, and the judiciary began to be "Kuomintang-oriented."  After the founding of the People's Republic of China, this system design continued. Although the establishment of courts and procuratorates to handle cases independently has gradually brought China into the track of legalization, the position of secretary of the political and legal committees set up in governments at all levels is still given to  The construction of the rule of law brings some problems.  Many contemporary Chinese people are also asking: Which party is the Party Congress or the Law Congress?

    Zhang Hanqing felt that it was necessary to give an explanation to the Chinese people, although he himself had been struggling from before to after the time travel.

    He admires the rule of law in countries such as the United Kingdom and the United States. Due to years of construction, they have formed a fairly complete system; while in China, due to the lingering poison of two thousand years of feudal society, the idea of ????the rule of man is deeply rooted, and the phenomenon of power being greater than the law has been repeatedly banned. "Official |  The contempt for the law among the "second generation" people is deep in their bones. Otherwise, how could there be such a strange incident as "My father is Li Gang" that angered countless Chinese people?

    The reason why later generations of Chinese people feel that the party's power is greater than legal power is because it reflects some actual phenomena: some party members and cadres, especially leading cadres, do not have a strong sense of the rule of law, do not follow procedures when making decisions, and do not act in accordance with laws and regulations.  Even using words to replace the law, using power to suppress the law, and bending the law for personal gain. The existence of these phenomena has seriously affected the people's confidence in the rule of law, giving rise to the feeling that "power is greater than the law" and "the party is greater than the law."

    But if you look deeper, "Which should be the Party Congress or the Law Congress" is actually a false proposition.  Because logically speaking, the essence of the party is a political organization, and the essence of law is rules of conduct. There is no question of who is bigger between the two, otherwise they will fall into a discourse trap.  If you say that the party is greater than the law, it means that the rule of law and the rule of law are false; on the contrary, it seems that there is something wrong with the leadership of the party!

    This is also something that Zhang Hanqing has been solving and has now made breakthrough progress in regulation: using the rule of law to regulate party members and using the party constitution to guide the rule of law. The two are not in conflict.  When it is in principle, it embodies the leadership of the party, and when it is concrete, it embodies the spirit of the rule of law.  The so-called specificity is that as an individual People's Party member, no matter how big his position is, as long as he violates the national law, he cannot be dealt with only by party discipline, but the national law must also be taken into account.  In a word, if a party member breaks the law, the punishment is the same as that of a non-party member.

    Therefore, Zhang Hanqing not only affirmed the party's leadership role in the construction of the legal system, but also avoided the possible interference of the party's power on the rule of law. In the practice of Xinmin administrative management, he resolutely did not set up political and legal committee secretaries to manage the company, procuratorate, law, and departments. Instead, the party  The deputy secretary's "contact" with the four teams is a design.

    Wherever there are people, there are rivers and lakes.  To reflect the party's leadership role in the construction of the legal system, it is not necessarily necessary to install a political and legal committee secretary to manage it. It can be replaced by an institution or organization.  For this institution or organization, Zhang Hanqing chose Parliament.

    Since the parliament fully embodies the party¡¯s intentions, it is good for the courts and procuratorates at all levels to be accountable to the parliament at all levels, and they will not deviate from the main premise of the party¡¯s leadership.  Parliament is supposed to supervise the government, so the courts and procuratorates that perform supervisory tasks in a legal sense can implement legal supervision of government employees without being restricted by government entities. This is true supervision.  Otherwise, if the political and legal committee secretary who manages the court or procuratorate at the same level commits a crime, as a subordinate, how can he restrain and supervise his superiors?  What's more, for a long period of time, the secretary of the Political and Legal Committee was also a member of the Party Standing Committee at the same level, deciding the promotion fate of many party members and cadres in the two chambers at the same level?

    According to this idea, the principles for handling violations by party members in the "Charter of the Discipline Inspection Commission of the Chinese People's Party" were later formed, which was also the basis for the theory of the rule of law with Chinese characteristics.base.  It continues to ferment in the Northeastern legal community, and colleagues as far away as Guanhai also smell the lingering fragrance.

    Perhaps it is because the enthusiasm of the people in Wenli for protesting against the Duan government has not diminished since the May 4th Movement, or perhaps they feel that the Feng clique's statement has received strong support from domestic public opinion, so the central government considered it for several days.  , finally chose to resolve the problem of damage to his reputation within the legal framework.

    The Shanghai Public Settlement Tribunal accepted the Anfu government¡¯s complaint and issued a subpoena to Shao Lizi, general manager of the Republic of China Daily, and Ye Chuqian, editor-in-chief. The two hired Lin Baijia as their defense lawyer.  The case was heard on October 3 of the same year. The presiding judge was the British Vice Consul and the assessor was Chinese judge Yu Yingsun.  On Chinese territory, cases brought against Chinese civilians by the Chinese government were tried by foreign colonists. This sounds unreasonable, but it happened many times in that chaotic era, including the 1903 "Soviet Report Case".  The same happened in the Shanghai Concession. If the country is weak, it will be unable to resist being bullied by foreign countries.

    In court, the defendant Ye Chuqian said righteously: "I have been writing newspapers for ten years. I am currently the editor-in-chief of the Republic of China Daily. I should bear the responsibility for publishing the newspaper, but I am not responsible for the defamation and insult to the president as claimed in the complaint.  and the culpability of serving officials." ""Explanation of the Anfu Genealogy Table" is actually a criticism of policies in game text, and has no insulting meaning. This newspaper has the same original intention as the author, which is to have good politics in the hope |  The government will revitalize China, make it prosperous and strong, and let the people enjoy peace, freedom and happiness."

    The defendant¡¯s lawyer Lin Baijia defended the two men, saying that the evidence submitted by the plaintiff was not sufficient to accuse of insult and defamation for the following reasons:

    ¡°1. According to the provisions of the Constitution of the Republic of China, the people have freedom of speech;

    2. The plaintiff¡¯s case should require the Beijing government to send personnel to Shanghai to present sufficient evidence;

    3. The defendant¡¯s words are permitted by law and are for the good government of China and have no insulting meaning.  "

    Based on this request, the case is withdrawn and acquitted.

    Anguo government lawyer Mu Ansu insisted that the defendant was guilty. He said, "This text is enough to make the people ridicule the president and serving officials. Not only does it cause contempt for the people and shame on the person on the day of the insult, but it also has a long-lasting legacy. We ask the court to respond from all four aspects."  Consider the negative consequences of this text from all aspects, namely, the status of the person being insulted; the method of insult; the time and place of insult; and the status of the person." And another charge was added: "Once this text is published, the political |  If an important person in the government is looked down upon, it will greatly hinder the future of the peace talks."

    Based on this point, Lin Baijia gave a strong criticism: "The negotiations between the Beijing government and the Guangzhou law-enforcement government began as early as February 20 this year. Due to the lack of sincerity on the part of Beijing, the negotiations were completed on May 24 this year.  It is well known that the agreement was terminated on September 15, 2020. What impact did this text have on the peace talks that ended on September 15, 100 days ago when the negotiations collapsed?"

    The two sides argued fiercely.  After the presiding judge, the British Vice Consul, and the Chinese assessor Yu Yingsun deliberated, they did not seize the declaration and severely sentence the reporter as expected by the Anguo government, nor did they acquit the reporter as advocated by lawyer Lin.  "Explanation" Although this article insulted the president and government officials in words, it was "well-intentioned and valuable." In the end, Ye Chuqian and Shao Lizi were sentenced to a fine of 100 yuan each.

    This verdict was very different from the expectations of Duan Qirui, Xu Shichang and others, and it was difficult to calm down his anger. Mu Ansu pointed out to the court that Ye Chuqian had two "conviction records" of dissatisfaction with the verdict, and demanded that the defendant be dealt with strictly and the punishment be increased.  .  The presiding judge believed that Mu Ansu was in contempt of the sessional court and sternly refused in court.  At this point, the case of "Republic of China Daily" insulting the president that caused a sensation throughout the country was settled.

    Zhang Hanqing came out at the right time to disgust Duan Qirui. Anyway, when the "May 4th Movement" was at its peak some time ago, he had a lot of wars of words with Duan Qirui's government, and his father also had a bad relationship with the Anhui army.  This change in stakes cannot be undone by any words of flattery.  In this case, just offend him until death.

    He sent a congratulatory message to Shao Lizi and Editor-in-Chief Ye Chuqian, and said, "This is a precedent for the success of the rule of law in the Republic of China." He also said that the Judicial Committee under the Northeast Autonomous Government will be responsible for the penalty of 200 yuan, if it is inconvenient for the two.

    This is pure schadenfreude. There is still a big gap between the conditions of journalists in the Republic of China and that of ordinary people.

    Later, someone satirized the incident in the newspaper and said: "The reputation of the president is only worth two hundred dollars." After this incident, the Republic of China Daily became famous.  After this case, Duan Qirui, Xu Shichang and others became the laughing stock of the people across the country. The "Anfu clique" was disgraced and the Anhui clique could not hold their heads up for a long time. Not only did they lose the political battle, but the psychological shadow may be even greater.  big.

    ????????????????????????????????????????????????????????????????????????????????????????Out of humiliation and anger can be imagined, and they must want to severely punish the newspaper and the author. However, their first thought was not to arrest first and then try, but to seek and only seek a solution within the legal framework.

    At the same time, after the court issued a judgment of only a fine, although they were angry, they surrendered and obeyed, and did not harm others again, which shows that they still have the concept of the rule of law in their minds and did not use their rights to vent their personal anger and override the law.

    Ruled by the rule of law rather than by people, the judicial independence of Beiyang during this period shines with eternal glory in the history of the Chinese nation.  (Remember the website address: www.hlnovel.com)Solved in the rack.

    At the same time, after the court issued a judgment of only a fine, although they were angry, they surrendered and obeyed, and did not harm others again, which shows that they still have the concept of the rule of law in their minds and did not use their rights to vent their personal anger and override the law.

    Ruled by the rule of law rather than by people, the judicial independence of Beiyang during this period shines with eternal glory in the history of the Chinese nation.  (Remember the website address: www.hlnovel.com
Didn't finish reading? Add this book to your favoritesI'm a member and bookmarked this chapterCopy the address of this book and recommend it to your friends for pointsChapter error? Click here to report