Chapter 18 Seventeen ridiculous laws

On October 1 last year, I published two articles on modern history in the magazines "Biographical Literature" and "Wen Xing". One was criticizing Mr. Xu Daolin; the other was criticizing Hu Qiuyuan and Zhu Sheng. I criticized them. The point is that they distort modern history and rewrite the history of their loved ones or themselves.I write this kind of article just to maintain the basic truth-seeking attitude of a person who studies history, and it is no different from making a job report for a person whose job is to study modern history.When I did this, I imagined that any "defamation crime" would fall on my head, because Article 310 of our Criminal Law clearly stipulates that "speech in good faith" and "for things that can be publicly commented , and those who are "appropriate commentators" are "not punished".

However, like many unlucky people "because of Shi Jia's misfortune", I got involved in a lawsuit——Mr. This time I announced that I have eighteen major crimes (including thirty-eight minor crimes). Added together, there are twenty-three major crimes and forty-two minor crimes. In addition, there are some sporadic minor crimes.I have to be sorry that I haven't "discovered" clearly until today--I use the word "discovered" because Mr. Hu Qiuyuan's technology in Shenwen Zhou is too lingering and too I don't know--just like his fatigue-bombing long articles, you will feel dizzy after reading it, and you still can't see why!The only feeling is that he has wrapped you up a little delirious, as if he really deserves death.This kind of effect, maybe it is Mr. Hu Qiuyuan's tactics?

Since I insisted on dragging academic issues to the court for judgment, I had no choice but to accept the subpoena and go to court.To file a lawsuit, I used to find a "famous criminal master", but now I need to hire a lawyer, but I am a poor man, where can I get the money to hire a lawyer?Although there were three unknown lawyers who were willing to defend on my behalf, but I had a strange problem. I always felt that it was unjustifiable for people to work for nothing, so I finally decided: "I don't want to hire a lawyer, I'll do it myself." When he appeared in court, besides appointing a lawyer, Mr. Hu Qiuyuan also announced in court that he was qualified as a lawyer.This announcement aroused my interest in research, and I thought to myself: "How could Hu Qiuyuan have the qualifications to be a lawyer?"

After retiring from the court, I studied his resume carefully, and found that he had never held the title of lawyer for thirty years since he was appointed as a member of the cultural committee of the so-called "People's Revolutionary Government of the People's Republic of China" when Fujian turned treacherous, and he appeared in court this time. , Isn't it strange to act like I am a lawyer but hire another lawyer? I actually found this answer when I was looking through the "Complete Book of Six Laws". Article 1 of Taiwan's "Lawyers Law" records:

... who have passed the bar examination.Gotta be a lawyer.One of the following qualifications.The preceding examination.Do it by inspection. 3. Have the qualifications of Article 33 Subparagraph 4 or Article 37 Subparagraph 5 of the Court Organization Act. Look again at Article 36 of the "Organization Law of the Court", which reads: Jane served as a judge or prosecutor.Candidates with one of the following qualifications should be selected for appointment. 3. Those who have served as members of the Legislative Council for more than three years.According to these two laws, it turns out that "lawyers" and "judges or prosecutors" can be easily obtained after three years of being a member of the Legislative Council!

This ridiculous law is a strange law that no civilized society has! In fact, the blame is more than that! Article 38 of the "Court Organization Law" also states: President of the Supreme Court.Candidates with one of the following qualifications should be selected for appointment. 3. Those who have served as members of the Legislative Council for more than five years.It turns out that after being a member of the Legislative Council for five years, you can become the "President of the Supreme Court"! And, even better, Article 4 of the Organic Law of the Judiciary: A justice should have one of the following qualifications.

2. A person who has served as a member of the Legislative Council for more than nine years and has made special contributions.It turns out that after being a legislator for nine years, he can still be a "chief judge"! Our legislators really know how to legislate, and our legislators make them omnipotent! Anyone who has a little understanding of the judicial system of a civilized country will know: How can it be so easy to become a lawyer or judge?We legislators legislating in such a way, enacting such a law, fully proves that some of them really do not understand the law and are really selfish. "Take a look at our neighbor Japan. One of the qualifications of Japanese lawyers (defense nurses) is that they have to pass the judicial test and then serve as judicial trainees for at least two years. They have never been a member of Congress for three years. their judges (magistrates) and prosecutors also have this requirement, and must have "legal literacy". The fourth part of the "Tribunal Law" published on April 16, Showa 22 (1947) Among them, there are detailed regulations on these, and their progress and strictness are not what our legislative masters can learn from (Japanese lawyers only need to pass the judicial test in the old system, but the new tribunal law adds at least amendments. What an improvement is the requirement for judiciary trainees to study for more than two years! Japanese judges were judges for life in the old system, but the new court law stipulates the method of national review and ten-year tenure. How strict is this!)

Look at the United States again.American legal education is by no means casual.A person who studies law usually completes two to four years of university education, and then reads a three-year undergraduate degree in law.In fact, doctors who treat people's bodies have to receive seven years of education; let alone lawyers and judges who protect people's rights and interests?To qualify as a lawyer stipulated by the American Bar Association, one must be a graduate of a law school and have passed the bar exam.In addition, there are separate laws in each state, and some of them are almost "demanding"!For example, in many states, in order to recognize a lawyer outside the state, in addition to living in the state for a certain period of time, the lawyer must also practice business in the Supreme Court of another state for more than three years.Rhode Island and Florida even require ten years.On the other hand, among our legislators, no matter whether they hold meetings or study further, they only need to play mahjong for three years to become lawyers!As for the judges in the United States, most of them are also lawyers. Except for a few states, the judges of each state are elected by the people. In California, they are even nominated by the governor and approved by the presidents of courts at all levels before they can participate in the election. It's not easy.

In the UK, both "barristers" and "lawyers" have to go through legal education and examinations, and have to practice with other "barristers" and "lawyers".As for the "Royal Counsel" KC (Kings Counsel), or QC (Queens Counsel), it is not easy.The qualifications of a judge in the UK are much more difficult than that of a lawyer.Generally speaking, he needs to be rich, famous, and older. A judge of a county court must have been a barrister for seven years, and a judge of a high court must have been a barrister for ten years. "Lord of Justice of Appeal", "Lord Chancellor", etc., that's even harder.

In Germany, the qualifications of a lawyer are exactly the opposite of those in the UK - you must first have the qualifications of a judge before you can become a lawyer.Such rigor is conceivable.Obtaining the qualifications of a judge requires two examinations: the first examination must be taken after studying law for three years at university; the second examination must be passed in the court, procuratorate, notary office or law firm after the first examination Wait for an internship for three and a half to four years, and submit four legal papers before you can participate. The examples of the four countries of Japan, the United States, the United Kingdom, and Germany randomly cited above allow us to see how serious and difficult the determination of lawyers and judges is in these four countries!What makes us especially ashamed is that they absolutely do not have the strange thing that they can become lawyers or judges after being members of Congress for a few years! Two thousand years ago, Jesus lamented that "woe is woe to lawyers", and for them "take the hard burden Put it on people" ("New Testament" Luke 11); two thousand years later, the legislators and lawyers of the new era have gone the other way and have the audacity to put an unbearable burden on themselves!

... Legislators are elected by our common people to exercise the main powers conferred by Article 63 of the Constitution on behalf of the people.They were originally selected in accordance with the provisions of Article 64 of the Constitution, and were selected by provinces, municipalities directly under the Central Government, Mongolian banners, Tibet, nationals of various ethnic groups living in border areas, nationals living abroad, and professional groups.Among them, although there are many people who understand the law, most of them are not legal experts with professional background. A total of twenty-four months) later, he was able to become one of the lawyers and judges in a sudden transformation. Isn’t this laughed at by advanced countries such as Japan, the United States, Britain, and Germany? Legislators dishonestly use Articles 55, 57, 59, 63, and 105 of the Constitution to give full play to their real powers and responsibilities as representatives of public opinion, but selfishly How shameful it is to take advantage of the power entrusted by the common people to enact laws for one's own benefit!Legislators can become judges and lawyers in three years. Its absurdity can be compared with the provisions of Article 3 of the "Physician Law", which stipulates that Chinese medicine can become a legal doctor in five years. What is protected by this ridiculous provision is a full-fledged "secret doctor" ".Similarly, if a legislator can become a legal judge or lawyer in three years, what is a "secret judge" or a "secret lawyer"? A living proof that legislators (lawyers) don't know the law is the so-called "defamation case" of Mr. Hu Qiuyuan. ", but was stopped by the judge. His Huangpi dialect almost read the word "Li slander" as "Li gangster", which is especially "horrifying"); He actually quoted Article 313 of the Criminal Law, which is completely against modern legal principles; he also quoted the interpretation No. 500 of the former Dali Yuan Tongzi, which is even more unreasonable!)...Everywhere exposed this " Lawyer Hu's degree of law is for the sake of "Lawyer Hu" and the dignity of the legislators. I advise Mr. Hu Qiuyuan to read Quentin Revnolds' "Courtroom" or Louis Nizer's "My Life in Court" as soon as possible. Study hard and discipline yourself.Otherwise, I would be too sorry for the privileges protected by those ridiculous laws! (Wen Xing) Issue No. 65, March 1, 1963