Chapter 222 - The Crime of Undermining a Military Marriage

Fu Fu quietly followed behind Fu Yizhuang, planning to teach him a lesson in a secluded spot to avenge the abuse he had suffered on the road back then. Suddenly, he realized his haircut was too conspicuous; one look and people would know he worked for the Chiefs. Taking advantage of a moment when the street was empty, he picked up the broken straw hat, put it on, and quietly followed.

Fu Yizhuang had no idea someone was out to settle a score with him. He walked ahead, carrying his hoe. Fu Fu picked up a wooden stick along the way and followed silently behind. He had learned some reconnaissance tactics in the army. Taking advantage of a moment when Fu Yizhuang walked by an irrigation ditch, with trees providing cover and no one around, he rushed forward from behind and swung the stick, landing a solid blow on Fu Yizhuang’s back, immediately knocking him to the ground.

Fu Yizhuang never expected to be attacked. He fell to the ground and before he could even cry out, he was hit another seven or eight times. He couldn’t help but cry out, “Spare me, good sir!” but it was no use. The attacker, without a word, rained down a flurry of blows, making him scream in pain. He tried to crawl away on all fours, but Fu Fu kicked him hard in the leg. Fu Yizhuang let out a loud cry and rolled into the drained irrigation ditch, getting stuck in the mud and unable to move.

Fu Fu watched Fu Yizhuang rolling and wailing in the mud, feeling a sense of satisfaction at having vented his anger. Before anyone could come, he quickly slipped away. If he were discovered and reported to the Political Department, it would be a serious matter. Beating up a commoner was a serious breach of discipline.

Fu Yizhuang had been beaten for no reason. It took him a long time to get out of the mud, and he had to ask someone to help him back. Most of the villagers were just watching the spectacle, and no one cared who had beaten him. The Fu You San family had been the richest in the village back then and had had many conflicts with the villagers.

After returning from Meiyang Village to the Law Club, Xu Ke immediately began to arrange for the trial. Because this case had to be handled with great “political awareness,” the small case became a focus of attention for the Council of Elders. Not only the military system but also other departments expressed their opinions.

After fully understanding the opinions of the Elders, the Law Society believed that this case met the conviction standards of the Great Ming Code. However, regarding the charge, everyone agreed that the charge of “undermining a military marriage” should be introduced, rather than “adultery.”

“We must prosecute under the charge of undermining a military marriage, not ‘adultery,’” Dong Shiye, as the president of the East Gate Market Summary Court, emphasized this point. “Criminalizing ethics is not in line with the development of jurisprudence. Through this trial, we must instill a new legal concept in the people.”

The concept of undermining a military marriage was entirely new to the people. In ancient times, soldiers had a very low social status. The introduction of the concept of “protecting military marriages” would have a great effect on raising the social status of soldiers.

Someone raised the issue of the retroactivity of the law. “Undermining a military marriage” was an article of the Marriage Law, which had not yet been promulgated. Even if it were promulgated now, the case occurred before the law was promulgated. If they were to prosecute according to the transmigrators’ Marriage Law, it would mean that the transmigrators’ law had retroactive effect, which would cause chaos when the Law Club was drafting legal articles.

The case being tried was one of undermining a military marriage. If this case was to have jurisdiction, according to the principle of applying the old and lighter law, they could only prosecute under the charge of adultery according to the Great Ming Code. The maximum sentence would be “ninety strokes of the cane” according to the Great Ming Code.

If the sentence were to be like this, first, the Elders in the military system would not agree. Second, everyone felt that if they could not introduce the charge of “undermining a military marriage,” the effect on changing customs and traditions would be greatly diminished.

After a lot of debate, everyone finally reached a consensus to prosecute under the charge of “undermining a military marriage.” As for the Marriage Law, it had to be promulgated immediately.

“Besides following the Great Ming Code, we can also follow the ‘Law of Ao-Song’! We won’t say that this Marriage Law was formulated by us,” Zhou Dongtian said. “We’ll just say that it has always existed in Ao-Song. Now that Lin’gao belongs to ‘Ao-Song,’ the Law of Ao-Song can also be considered to have jurisdiction.”

This argument was a bit far-fetched, but they had to adopt it to make it self-consistent.

Regarding the specific content of the verdict, Xu Ke believed that as a case in the transitional period of the establishment of the judicial system, to pave the way for new laws, a more moderate verdict was appropriate, especially considering the need to balance the emotions of some Elders and promote the steady establishment of the legal system.

“From the perspective of the social effect that this case is intended to achieve, a trial that initially embodies the judicial system of the new country is very meaningful. Therefore, it is necessary to apply some of the systems from the procedural law that will be formulated in the future to this trial. As for sentencing, I personally feel that the death penalty and life-long hard labor are too heavy. Moreover, a too-severe sentence is not conducive to future legislative work. Wouldn’t a fixed-term imprisonment plus forced relocation and local supervision after serving the sentence be more appropriate?”

“We have no objection, but the military side seems to have a very tough stance,” An Xi said uneasily. “Chen Haiyang and Ming Qiu don’t have any specific opinions, but some of the Elder officers below them are very enthusiastic. It’s said that Chief Wen also supports them.”

“Chief Wen has never made a formal statement,” Dong Shiye said. “He just said things like ‘execute the adulterous couple on the spot’ in private.”

“That’s very much in character…” An Xi said.

Zhou Dongtian snorted. “The ‘wise and just official,’ the ‘unyielding magistrate,’ the ‘brilliant leader’—this kind of thing is most harmful to the judiciary! We are now in a new dynasty with a new atmosphere. But the collective legal consciousness cannot be changed overnight. It must go through a process of propaganda and education. At the same time, through trial practice, we must punish relevant behaviors to reflect the guiding role of the law. I absolutely do not agree with the military’s view on the sentencing in this case. Since we are to handle cases according to the law, then we must honestly adhere to the 16-character principle: have laws to follow, follow the laws that exist, enforce the laws strictly, and investigate all violations. We must not act on impulse and play games like ‘the word of the law is in my mouth.’ This is a hidden danger! A landmine!”

Dong Shiye coughed and said, “There’s no need for a heavy sentence at all. As long as it’s classified as a crime, it’s enough for a normal person to think with their big head when their little head is engorged. I think a sentence of three to seven years is sufficient—especially given the ‘good reputation’ of that place, Fu Youdi. Taking the risk of three to seven years of hard labor for a quick lay, I think most normal people would think twice. As for the death penalty or life imprisonment, there’s no need at all. First, soldiers have a very low status in this time and place. If their wives are cuckolded, no one will help them. Our precedent of ‘undermining a military marriage’ is enough to raise their social status. Second, the concept of chastity among the poor in this time and place is far from being as strong as in the upper echelons of society. Finally, even if they really care, we don’t need to compromise with the local customs—should we also respect the practice of a clan leader being able to drown someone in a pig cage with a single word? We need to make them accept our ideas, make them fear the institutions of violence, and make them feel that even a three-month sentence is a lifelong shame. Ideological work, public opinion, all need to be mobilized to take this opportunity to clearly distinguish ourselves from the old world, to make the local people realize our progressiveness and the backwardness of the old world.” Dong Shiye finished in one breath, took a breath, and took a sip of tea. “Also, I’d like to know which is the prosecuting authority? When did the Council of Elders set up an institution like a procuratorate? Does the Arbitration Tribunal handle both prosecution and trial? The prosecuting authority and the trial authority being the same department is a bit inappropriate.”

“That’s not a problem,” Ma Jia said. “The Political and Legal Affairs Commission also manages everything.”

“I think we can let the police department temporarily exercise the functions of the prosecuting authority. In the early days of the founding of the country, the public security organs exercised the function of public prosecution. It was only after everything was on the right track that the procuratorate was established. Given the situation in Lin’gao, from the perspective of saving resources, we can let the police department exercise the power of public prosecution.”

Ma Jia considered it for a moment. “Let’s discuss it again. This matter has little to do with the police right now, so it’s not appropriate for them to prosecute. I think we can establish a prosecutor system.”

“An independent prosecutor’s office?”

“Yes, that’s what I mean,” Ma Jia said. “It can be permanent, or we can adopt a one-case, one-person system, appointed before the prosecution and dismissed after it’s over, which can save manpower. Right now, there are more positions than people.”

“Since we have already started to establish a judicial system, the public prosecution system should be established. Especially for the ancient legal system where criminal and civil cases are not distinguished, establishing a state public prosecution system is very meaningful,” Ji Xin said. “Also, I propose to create something like a legal practitioner’s certificate. Anyone who has obtained a law degree or a similar qualification certificate in the old world can apply to be a prosecutor, lawyer, or judge. This way, even if they don’t work in the Arbitration Tribunal’s system, they can still appear in court to handle cases at any time. Otherwise, it’s easy for people to find fault, as there is no legal basis.”

The Law Society was, after all, only a club in nature. Letting Law Society members who were not in the Arbitration Tribunal system serve as judges, lawyers, and prosecutors had no basis in the system. Therefore, Ji Xin suggested that it should be standardized from a systemic perspective. He also proposed that in order to reflect the authority of the new social legal system and to leave the concept of “procedural legality” in the minds of the natives, the judicial procedure should imitate modern litigation procedures. Judges, clerks, prosecutors, and public defenders should all be present, and the entire procedure should be followed.

“I agree. Procedural legality is one of the basic concepts of modern jurisprudence and must be instilled in the naturalized citizens,” Xu Ke said in agreement. “This is not formalism.”

An Xi asked, “Should we wear wigs?”

“In a place like Lin’gao, I have no objection if you want to wear a pound of wool on your head, but I’m not wearing one,” Dong Shiye said lazily.

“We can consider robes, but no wigs. I don’t like the smell of the English,” Ma Jia said. “To be honest, I find wearing a robe too hot.”