Chapter 213 - The Law

Wei Aiwen put down the phone and said to the person sitting opposite him, “Did you hear all that?”

“Of course. Admiral Lin’s voice is as loud as thunder,” the man sitting opposite Wei Aiwen said, taking a cigar case from his pocket and pulling out a Homestead cigar. Since the farm had launched its handmade cigar products, many Elders had suddenly taken up smoking cigars, including some who hadn’t smoked before. Firstly, cigars weren’t inhaled into the lungs, so they weren’t harsh; secondly, smoking a cigar gave off an air of importance.

“What do you plan to do? Hang the adulterous couple together?”

“The Law Society will have to hold a meeting to discuss that. Broadly speaking, this is an act of undermining a military marriage,” Ma Jia said. “On a smaller scale, it’s adultery. According to the Six Codes…”

“The saleswoman is indeed the sailor’s wife, although they were never registered.” Wei Aiwen felt this was a pointless statement. “Of course, we’ve never promulgated a Marriage Law. Let’s consider it a de facto marriage. Since they are a de facto couple, they should be protected by law, so this is clearly undermining a military marriage.”

“First, the marriages of local natives and naturalized citizens are currently handled by customary law or the Great Ming Code. According to our judicial system, the relationship between these two should be considered a de facto marriage, so it is indeed a military marriage. Second, strictly speaking, that bastard didn’t undermine a military marriage. According to Article 259 of the Criminal Law of the People’s Republic of China, the crime of undermining a military marriage is only constituted by ‘knowingly cohabiting or marrying the spouse of an active-duty service member.’ This adulterous couple obviously didn’t cohabit or get married. It can only be considered adultery—and there is no crime of adultery in the laws of the People’s Republic of China. The Republic of China, however, did have one…”

“Stop spouting your legal articles.” Wei Aiwen coughed. He was wearing a crisp East German People’s Army summer uniform, but with Lin’gao’s collar insignia and rank markings. He wore a replica SS officer’s belt, looking very sharp and neat. His every move was a deliberate imitation of a decisive, Germanic efficiency. “What is the Law Society’s plan for this case?”

“That depends on whether the Executive Committee or the Council of Elders’ starting point is to ‘win hearts and minds’ or to ‘change customs and traditions,’” Ma Jia said unhurriedly, blowing a smoke ring.

Wei Aiwen nodded. “The Navy wants severe punishment, which is essentially about winning hearts and minds. Is that what you mean?”

“Correct.”

“And changing customs and traditions?”

“That would mean judging the case according to the new legal system,” Ma Jia said.

Wei Aiwen shook his head repeatedly. “Wouldn’t they be acquitted then? No, no. Not only would Lin Chuanqing not agree, I wouldn’t agree either. How would we carry out political work in the future? In this time and place, being cuckolded is a great humiliation. I heard that under the Ming law, killing an adulterous couple is not a crime?”

“That’s true, but there’s a prerequisite: the evidence must be conclusive,” Ma Jia recited casually. “If a wife or concubine has an affair, and the husband catches the adulterous couple in the act and kills them on the spot, it shall not be prosecuted. If only the adulterer is killed, the adulteress shall be punished according to the law, sold at the official price, and the money shall go to the government.”

“Alright, alright, enough beating around the bush. What is the Law Society’s official stance?” Wei Aiwen said impatiently. His desk was piled high with “Social Investigation Forms on the Status of Soldiers on Home Leave” from various police stations, resident police, and the Political Security Bureau. He had only read less than half of them before this incident occurred.

“I’ve already said, it depends on whether the guiding principle is to win hearts and minds or to change customs and traditions,” Ma Jia said unhurriedly. “Then we’ll formulate the specific legal articles based on that guiding principle. Once it’s established, we must resolutely enforce the law. The so-called ‘rule of law’—”

“Spare me your usual spiel,” Wei Aiwen said, understanding his meaning. “I get it. You’re not in favor of killing them, are you?”

“We only provide recommendations. If you want me to represent the Law Society’s specific view, most comrades in the Law Society believe that the law should not be overly harsh, but the solemnity of its execution must be guaranteed. As the saying goes, if the law says to execute your whole family, we execute your whole family. If it says to acquit, we acquit.”

Wei Aiwen nodded. “Hurry up and organize people to handle this. The Political Department’s opinion is that the verdict must fully consider the sailor’s feelings…”

“Understood. I will certainly take your opinion as an important reference.” Ma Jia picked up his imitation BOSS briefcase. “To be honest with you, the new version of the Marriage Law is right here in my bag. This is probably a good opportunity to officially announce it.” Ma Jia’s face lit up with a wistful smile. “Back in the day, the CCP’s first law was the Marriage Law. Such foresight…”

Wei Aiwen didn’t know why promulgating the Marriage Law first was considered a mark of foresight, but he could tell from these words that Ma Jia was, at heart, in the “change customs and traditions” camp.

However, he wasn’t keen on Lin Chuanqing’s proposal to kill people either. He even felt a little schadenfreude deep down that the perennially pretentious Navy had such an incident. But he strictly ordered himself not to have such Army-Navy distinctions, lest he be reduced to the position of the Army’s Political Department Director.

“Shouldn’t the Marriage Law also include an article protecting military marriages?”

“Of course,” Ma Jia said. “How could we pass judgment without such an article?” He stood up. “Where are the people? Have they all been arrested?”

“Ran Yao just called me. The adulterous couple has been arrested—they’re now in the Lin’gao County Yamen’s prison. It’s less crowded there, and more importantly, far from the Navy. The sailor who started the fight is in the brig at the Bopu Naval Base,” Wei Aiwen said. “Do you want to interrogate the sailor?”

“Not for now. But prepare an order allowing for interrogation for me just in case.”

Wei Aiwen wrote out an order for him and stamped it with the great seal of the General Staff’s Political Department. The seal was bright red, and with the double-headed eagle, wheat ear, and gear symbol in the center, it looked very imposing. The only thing that dissatisfied him was the title: “Political Department of the General Staff”—if only it were the “General Political Department of the Fubo Army.”

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

“Xiao An, take a trip to the Lin’gao County Yamen prison. Interrogate both suspects,” Ma Jia instructed him. “Focus on the cause and effect, especially how they got together…”

An Xi was puzzled. “This is a simple matter. The police have already confirmed the fact of their adultery through investigation. Is there a need to ask more?”

“We must follow proper legal procedures,” Ma Jia said, concerned about An Xi’s professional competence. “Have you forgotten the key point of procedural legality? Did you study jurisprudence or just law?! If we just take the police’s word for it, what’s the point of our Arbitration Tribunal? We could just let the police station pass judgment, couldn’t we?”

An Xi’s face flushed red and white. Since he had climbed to the position of director of the Arbitration Tribunal office, he had long since cast aside his lack of interest in the legal profession and had enthusiastically thrown himself into administrative work, thoroughly enjoying it.

“I was negligent,” An Xi said, looking embarrassed. “I’ll go right away.”

“Hold on,” Ma Jia said, slowly puffing on his cigar. “Xiao An, this case is straightforward and not difficult to try, but it’s the opening shot for our new Marriage Law. I’m entrusting it to you, so you have to make it a success.”

“Understood, understood,” An Xi replied repeatedly and went out.

Ma Jia smiled and picked up his PHS phone. This time, he was calling Ji Xin.

Ji Xin was currently teaching at the Fangcaodi National School, but he still actively participated in the Law Society’s affairs and did some part-time work at the Arbitration Tribunal when he had time. After returning from the Pearl River campaign, Ji Xin had officially registered a “Native Rights Protection Association” with the General Office, recruiting several Elders as members. At every Council of Elders meeting, he would speak on the issue of protecting native rights—of course, almost no one liked to listen.

“…I’d like to ask you to be the defense lawyer this time,” Ma Jia said, explaining the specifics of the matter to him over the phone.

Ji Xin was silent for a moment on the other end of the line. “The case itself isn’t complicated. Is the Navy insistent on execution?”

“Some of the Navy Elders have that opinion. They believe that not executing them will affect the army’s morale.”

“I am firmly opposed to execution. First, these two people’s crimes do not warrant death; second, it is very dangerous to excessively curry favor with the military,” Ji Xin said. “We should instill a sense of law in the naturalized citizens.”

“I think so too,” Ma Jia said. “That’s why you must be the defense lawyer.”

“And the judge? Will you preside yourself?”

“Let An Xi do it.”

“No, I don’t think An Xi is up to the task—his professional level is too poor. And he has no principles; he’s easily influenced by others. He’s better suited to be the prosecutor, just reading from a script.”

Ma Jia thought about it and realized Ji Xin had a point. “What’s your suggestion?”

“I’ll recommend someone for you,” Ji Xin said. “How about Xu Ke?”

“He’s not on the Arbitration Tribunal’s roster…”

Xu Ke was also a member of the Law Society, but he belonged to the Navy and worked for the Foreign Intelligence Bureau. Suddenly making him a judge made Ma Jia feel it would be hard to justify.

“It’s not very appropriate,” Ma Jia said after careful consideration. “The principle of avoidance: Xu Ke is a member of the Navy. From the perspective of fairness, there’s a possibility of bias towards the Navy.”

“He’s also a member of the Native Rights Protection Association,” Ji Xin said. “Doesn’t that even things out?”

“Both parties are natives. The Native Rights Protection Association doesn’t have much to do with it, does it?”

“One is closer to the Elders than the other, isn’t he? The so-called adulterer should be an ordinary commoner, right?”

Ma Jia conceded the point. “That is indeed the case.” He considered it for a moment. “I still need to ask for Xu Ke’s opinion on this matter.”

“Alright, I have no problem personally. I will definitely serve as the lawyer,” Ji Xin said, then made a suggestion: he proposed that all Elders who had obtained a law degree be issued a lawyer’s certificate.