Chapter 755 – The Law

Wei Aiwen hung up the phone and addressed the man seated across from him. "You heard all that?"

"Certainly. Admiral Lin's voice carries like thunder." The man took a cigar case from his pocket and extracted a farm-rolled cigar. Ever since the agricultural station had released handmade cigars, quite a few transmigrators had taken up smoking them—including some who had never smoked before. Cigars were not inhaled, so they didn't burn the throat; and they lent a certain air of authority.

"So what do you intend to do? Send the adulterous couple to swing together?"

"The Law Society will need to hold a meeting to discuss it. In the broad sense, this falls under destruction of a military marriage," Ma Jia said. "In the narrow sense, it's adultery. According to the Six Codes..."

"The saleswoman is indeed the sailor's wife, even though they never registered." Wei Aiwen paused, realizing this was beside the point. "Of course, we've never promulgated a Marriage Law. Call it de-facto status. Since they are de-facto spouses, the law should protect them—so this is clearly destruction of a military marriage."

"First, for local natives and naturalized citizens, matrimonial issues are still governed by customary law or the Great Ming Code. Under our judicial system, however, the two are in a de-facto marriage, and a military marriage at that—that much is certain. Second, strictly speaking, the bastard's offense doesn't technically qualify as destruction of a military marriage. Article 259 of the Criminal Law of the People's Republic of China states: 'Whoever knowingly cohabits with or marries the spouse of an active-duty serviceman...' These two obviously did not cohabit or marry—they merely committed adultery. And there is no offense of 'adultery' in PRC law. The Republic of China did have one, though..."

"Spare me your legal citations," Wei Aiwen coughed. He wore a crisp East German People's Army summer uniform, but with Lingao collar tabs and rank insignia, and a replica Waffen-SS belt. The effect was neat and efficient; his every gesture deliberately imitated a certain Teutonic decisiveness. "What does the Law Society plan to do with this case?"

"That depends on whether the Executive Committee or the House of Elders is aiming to 'win hearts and minds' or to 'reform customs.'" Ma Jia blew a smoke ring, unhurried.

Wei Aiwen nodded. "The Navy wants severe punishment. Essentially, that's winning hearts and minds—am I right?"

"Correct."

"And reforming customs?"

"Then we judge according to the new legal framework," Ma Jia replied.

Wei Aiwen shook his head vigorously. "That would mean acquittal and release? Absolutely not. Lin Chuanqing won't stand for it, and neither will I. How would we ever conduct political work after that? In this time-space, being cuckolded is a mortal humiliation. I hear that under Ming law, killing an adulterous couple was not a crime?"

"It's true, but with preconditions—clear evidence. Let me recite: 'Whenever a wife or concubine commits adultery and the husband catches both the adulterer and the adulteress in the very act, and kills them on the spot, no punishment shall apply. If only the adulterer is killed, the adulteress shall be sentenced according to law, sold through official channels, and the bride-price remitted to the treasury.'"

"All right, all right—enough going round in circles. What is the Law Society's position?" Wei Aiwen said impatiently. His desk was piled with Soldier Home-Visit Social Investigation Forms forwarded from district police stations, resident police officers, and the Political Security General Administration. He had barely gotten through half of them when this mess erupted.

"I just told you: it depends on whether the guiding principle is to win hearts and minds or to reform customs," Ma Jia said evenly. "We then draft specific statutes based on that principle. Once passed, we execute the law firmly—the so-called 'rule of law'—"

"Stop with the boilerplate." Wei Aiwen had read between the lines. "Let me guess—you don't advocate killing anyone?"

"We offer advisory opinions only. If you want a concrete view on behalf of the Law Society, most of us believe the law should not be overly harsh, yet enforcement must be rigorous. As they say, if the sentence calls for exterminating your whole family, we exterminate it; if it calls for acquittal, we acquit."

Wei Aiwen nodded. "Get your people on this immediately. The Political Office's position is that the verdict must take full account of the sailors' sentiments..."

"Understood. Your opinion will certainly be an important reference." Ma Jia picked up his issued knockoff BOSS briefcase. "To be frank, the new Marriage Law is right here in my bag. This is probably a good opportunity to announce it formally." A look of anticipation crossed his face. "Back in the day, the CCP's very first law was the Marriage Law. Truly visionary..."

Wei Aiwen didn't see why promulgating the Marriage Law first proved anyone visionary, but he gathered from the remark that Ma Jia's sympathies lay with the "reform customs" faction.

Still, he also had no appetite for Lin Chuanqing's demand for executions. Deep down, he felt a twinge of schadenfreude that the ever-posturing Navy had gotten itself into this mess. But he sternly reminded himself not to indulge in Army-versus-Navy pettiness, lest he be pigeonholed as merely an Army political chief.

"Will the Marriage Law include a clause protecting military marriages?"

"Of course," Ma Jia said. "Without it, how would we judge the case?" He stood. "Where are the detainees? Have they all been arrested?"

"Ran Yao called earlier. The adulterous pair have been taken into custody—they're in the Lingao County Yamen prison. Fewer people there, and more importantly, it's far from the Navy. The sailor who beat his wife is in the brig at Bopu Naval Base." Wei Aiwen asked, "Do you want to interrogate the sailor?"

"Not for now. But draft me an authorization to do so—I'll hold it in reserve."

Wei Aiwen wrote the order and stamped it with the General Staff Political Office's great seal. The seal was vivid crimson, encircling a double-headed eagle, wheat ears, and a cog—impressive. Only the header disappointed him: "General Staff Political Office." If only it read Fubo Army General Political Department.

Ma Jia took the document back to the Tribunal office and summoned An Xi.

"Xiao An, go to the Lingao County Yamen prison. Interrogate both suspects." He briefed him: "Focus on causes and consequences—especially how they got involved..."

An Xi looked puzzled. "That's simple enough. But the police investigation already confirmed the adultery. Do we really need more questions?"

"We must observe proper judicial procedure." Ma Jia couldn't help worrying about An Xi's professional competence. "Did you forget the key point of procedural legality? Did you study jurisprudence or just law? If whatever the police say goes, what's the Tribunal for? We might as well let the district station pass sentence on the spot."

An Xi's face went alternately red and white. Ever since climbing to the position of Tribunal Office Director, he had long since cast aside his utter lack of interest in legal studies and thrown himself enthusiastically into administrative work—indeed, he found it thoroughly enjoyable.

"I was careless," An Xi said, flustered. "I'll go at once."

"Wait." Ma Jia puffed leisurely on his cigar. "Xiao An, the facts of this case are straightforward, and the trial itself shouldn't be difficult. But it's the inaugural case under our new Marriage Law. I'm assigning it to you—make sure you fire the opening shot well."

"Understood, understood." An Xi assented repeatedly and hurried out.

Ma Jia smiled faintly and picked up his PHS handset. This time he called Ji Xin.

Ji Xin currently taught at Fangcaodi National School, but he remained active in the Law Society and did occasional work at the Tribunal. After returning from the Pearl River campaign, Ji Xin had formally registered a "Native Rights Protection Association" with the General Office, recruiting several transmigrators as members. At every House of Elders session he spoke on native-rights issues—though almost no one cared to listen.

"...I'd like you to serve as defense counsel on this case." Ma Jia explained the details over the phone.

Ji Xin was silent for a moment. "The case itself isn't complicated. But is the Navy really set on executions?"

"Some Navy transmigrators hold that view. They believe morale will suffer if no one hangs."

"I am firmly opposed to killing anyone. First, these two do not deserve death. Second, pandering excessively to the military is extremely dangerous." Ji Xin said, "We should be instilling legal consciousness in the naturalized population."

"I think so too," Ma Jia said. "That's why I insist the defense counsel must be you."

"And the presiding judge? Will you take the bench yourself?"

"I'll let An Xi do it."

"No—An Xi won't do. His professional competence is too weak, and he has no principles; he's easily swayed. He'd be fine as a prosecutor who reads prepared materials, perhaps."

Ma Jia considered; Ji Xin had a point. "What's your suggestion?"

"Let me recommend someone. How about Xu Ke?"

"He's not on the Tribunal roster..."

Xu Ke was also a Law Society member, but he belonged to the Navy and worked in the Foreign Intelligence Bureau. Suddenly making him a judge struck Ma Jia as hard to justify.

"That's tricky," Ma Jia said after deliberation. "Recusal principles: Xu Ke is Navy personnel. From a fairness standpoint, there's potential bias toward the Navy."

"He's also a member of the Native Rights Protection Association," Ji Xin pointed out. "Doesn't that balance things out?"

"Both parties are natives. I'm not sure the Native Rights Protection Association is particularly relevant."

"One is closer to the transmigrators than the other, isn't it? The so-called adulterer should be an ordinary commoner, correct?"

Ma Jia conceded the point. "That's true." He thought it over. "I'll still need to consult Xu Ke's opinion."

"Fine. As for me, I have no objection—I'll definitely serve as counsel." Ji Xin then made a suggestion: issue a lawyer's license to every transmigrator who held a law degree.

(End of Chapter)