Recently, I studied the "Criminal Procedure Law" and "The Biography of Su Dongpo" at the same time, and found that although it has spanned thousands of years, some things are amazing coincidences, such as the "recusal system" in our criminal proceedings today, and the truth behind Su Xun's naming of Su Shi and Su Zhe is actually the same.
Our countryThe people's courts are divided into four levels, i.e., the Supreme People's Court, the High People's Court, the Intermediate People's Court, and the Basic People's Court. Implemented in our countryTwo-instance final adjudication systemThe review system.
The so-called two-instance final adjudication system refers to:At most, a case will be concluded after two levels of people's courtsThe parties must not appeal a final judgment or ruling made by the second-instance people's court, and the people's procuratorate must not raise a prosecutorial counter-appeal in accordance with the appellate trial procedures.
Article 10 of the Criminal Procedure Law stipulates that: "The people's courts shall implement the two-instance final adjudication system when adjudicating cases. ”In China, in addition to the basic courts, courts at all levels may become courts of second instance. For example, Zone ABasic courtsThe first-instance judgment was rendered, and the defendant Zhang San appealed, Area AIntermediate CourtIt became the court of second instance.
If, after trial, the intermediate court in Area A finds that the facts are unclear and the evidence is insufficient, and that the court of first instance is indeed in error, it may rule to remand the case to the basic level court in Area A for retrial.
Cases in which the court of second instance rules to remand the case to the court of first instance for retrial shall apply."Recusal system"It's over!
It sounds mysterious, but you don't need to be nervous, it's simple!
in criminal proceedingsRecusal systemrefers to the Criminal Procedure Law and other applicable personnel such as investigators (police), procurators (procurators), and adjudicators (judges) in accordance with the Criminal Procedure Law and relevant lawsIf there is a legal interest in the case or other relationships that may affect the fair handling of the caseand, thusThey must not participate in the litigation of the casea litigation system.
In other words, people who have an interest in the case cannot participate in litigation activities, and you have to recuse yourself!
There are many reasons for recusal, to name a few examples, such as the judge is a close relative of the defendant, the judge has borrowed money from the victim's brother, the judge has had dinner with the party in private, and so on.
In addition, in cases where the court of second instance remands the case to the court of first instance for retrial, the recusal system shall also be applied
Article 29 of the Criminal Procedure Interpretation stipulates that those who have participated in the trial of this case in a trial procedureA member of the collegial panel or a single judgeThey must not participate in other proceedings in this caseof the Trial.
Roughly speaking, if the court of second instance remands the case to the court of first instance for retrial because the facts are unclear or the procedure is illegalThe court of first instance shall separately form a collegial panel. This is because the court of second instance held that the court of first instance had indeed made a mistake and no longer trusted the members of the original collegial panelThe members of the collegial panel of the court of first instance need to be replaced.
Please note, however, that it is the collegial panel members that need to be replaced, that is, the presiding judge, adjudicators, people's assessors, and others, who are responsible for taking recordsClerks do not need to be replaced。The reason is also simple, "whoever is wrong replaces whom", it is the judges who make mistakes, and it has nothing to do with the clerk who took the record. Therefore, among the members of the collegial panel, the presiding judge and the adjudicator must be replaced, and only the clerk does not need to be replaced.
It is this that reminds me of the names of Su Shi and Su Zhe.
Of the eight families of the Tang and Song dynasties, the Su family accounted for the two: Su Xun, Su Shi, and Su Zhe. Among them, Su Xun is the father, Su Shi is the eldest brother, and Su Zhe is the younger brother.
Back to when Su Xun named his two sons, he was very attentive, and Su Xun wrote one"The Second Son Said"., the full text is only more than 80 words, mentioning the origin of the names of these two sons.
The ancients had a tradition that after the birth of a child for 100 days, the father should touch his head and give the name, Su Xun gave the names of his two sons very particularly, and maybe Su Xun often took the carriage, all related to the carriage.
Su Shi's "Shi" character,It means a crossbar in front of the carriage, which provides a handrail for the passengers. Compared with the wheels, spokes, covers, and wheels, it seems that it is of little use. But if there is no Shi, the car is not a complete car, Su Xun named his eldest son Su Shi, hoping that Su Shi would lower his body like "Shi" and pay attention to the "exterior", not so eye-catching, sharp.
"Spokes cover the wheel, all have a job, and Shi has nothing to do. Although, I didn't see the end of the car. I am afraid that you will not be decorated. "The Second Son Said".
Su Zhe's "rut" word,It means the chariot marks left on the ground after the carriage has passed. Su Xun said that all carriages in the world follow the imprints of the previous carriages, but when it comes to the merits of the carriages, no one will mention the ruts. Although the rut is useless, if one day the carriage breaks down and the car is wrecked and a person dies, no one will blame the ruts. Su Xun said that if Su Zhe can be willing to make a rut, although he can't be rich, he can also avoid disasters.
"The car of the world is inexorable, and those who talk about the work of the car are not the same. Although, the chariot and the horse are killed, and the trouble is not in the rut, it is the rut, and the good is between the good and the bad. I don't know it. "The Second Son Said".When the ancients reached the age of 20, they needed to bow **, and the elders had to give the "word", Su Shi and Su Zhe's "word" is also very popular, and it is related to their "name", that is, "Shi" and "Zhe".
Su Shi's character Zizhan comes from "Ascending Shi and Looking at It" in "Zuo Chuan: Ten Years of Zhuang Gong". Zhan means "to look"., that is, while standing on the carriage and holding the handle, you should also look into the distance. Tell him that the road of life should be forward-looking, cautious and prudent, and steady and far-reaching; We must also be full of ambition and look up to the world.
Su Zhe is composed of words,It means "to follow, to follow"., I hope he can follow the rules, follow the rules, follow the path of his predecessors, and develop freely. Because "rut" is not as eye-catching as "shi", and it is not easy to be hated.
Confucius had a student named Zilu, Zilu is his character, and his name is Zhongyou, which has the same meaning as Ziyou, and they are all in accordance with the determined path and move forward steadily.
In cases where the court of second instance remands the case for retrial, the presiding judge and the adjudicator must be replaced, which is the most nonexistent and only the clerk who only keeps the record does not need to be replaced; And Su Xun's names for Su Shi and Su Zhe, it is not a good thing to be sharp and eye-catching, and it is not a good thing to be willing to make a rut, although it cannot be rich and expensive, but it can also be saved from disasters. Is there a common point in this?