The case of "Liu Qiaoer" took place in Longdong, Gansu on 1943.
Longdong is the region with the fiercest ethnic struggle, which is called "United Front Area". At first, several county governments in Longdong belonged to the Kuomintang, but the garrison came from the * * * production party. 1940, after several struggles, the * * * production party drove out the Kuomintang and gained a firm foothold in Longdong. 196 * * * Longdong District Committee moved to Qingyang, a major town, and established the Longdong Special Committee Office and Longdong Government.
Longdong is located at the west gate of the Shaanxi-Gansu-Ningxia border region, which governs 9 counties. After the establishment of Longdong Special Office, it vigorously developed mass organizations against the enemy, actively carried out mass work, initiated education, developed production, and quickly stabilized social order.
At that time, the head of Longdong Commissioner's Office was Commissioner Ma Xiwu. Ma also served as the president of Longdong Branch of the Border Region High Court, and was responsible for the judicial work in the border region.
Ma Xiwu was born in a poor peasant family in Zhidan County, Shaanxi Province. After graduating from primary school, I failed the exam because of difficulties at home, so I dropped out of school and herded sheep at home. Later, he went out to work for a living, worked as an accountant, worked as a soldier and did business.
1in the spring of 930, Ma Xiwu, aged 3 1, joined the revolutionary ranks led by Liu Zhidan. 1in the spring of 935, the Central Red Army arrived in northern Shaanxi. This winter, Ma Xiwu was appointed as the Minister of National Economy of the Soviet Union because of his outstanding talents, and in February of the same year, he joined the China Production Party. 1936 in may, the central government decided to establish the Shaanxi-Gansu-Ningxia province, with Li Fuchun as secretary of the provincial party Committee and Ma Xiwu as chairman of the provincial Soviet union.
After Ma Xiwu became Commissioner and President, he followed the mass line and ruling style of the Party, which was completely different from that of the Kuomintang Commissioner. He seldom goes to Qingyang city court to judge cases, and his court is often located in the crime scene. He often goes to the countryside with a hoe on his shoulder. Wherever he went, he helped the masses to work, hoe the ground, chat, investigate the situation clearly, try cases on the spot and make judgments on the spot. He is deeply loved by the masses because of his in-depth style and fair handling of cases.
Young women get in the way and complain a lot.
1943 In the spring, Ma Xiwu came to Huachi County to inspect the judicial work, and met a local young woman who blocked the road and complained. She refused to accept the first-instance judgment of the county judicial office and demanded justice.
The young woman who complained was Feng Penger, a native of Zhangbangyuan Village, moat of Huachi County. When Peng Er was 4 years old, he was betrothed by his father Feng Yangui to Zhang Baier, the second son of Zhang Jincai, a farmer in Shangbaozi zhang wan Village. The Zhang family are distant relatives. Peng Er often followed his grandmother to visit Zhang Wan, and gradually became attached to Zhang Baier.
However, when her daughter grew up to be a big girl, Feng Yangui regretted it. I think my daughter is not only good-looking, but also ingenious. She can cut paper and do needlework. When she got engaged, she didn't receive the bride price and suffered a loss. Therefore, he used "marital autonomy" as an excuse to persuade his daughter to dissolve the engagement. At that time, the Shaanxi-Gansu-Ningxia border region had promulgated the marriage law, which advocated freedom and autonomy of marriage in the whole region. At the same time, Feng Yangui secretly betrothed his daughter to Zhang Xianzhi's son in the south tableland of the moat, and got a bride price of 2,400 yuan and 48 pieces of Yin and Yang. When Zhang Jincai learned about this, he complained to the Huachi county government.
According to the policy of the democratic government at that time, early marriage and commercial marriage were forbidden feudal marriages, so the judicial department of Huachi County decided to cancel these two marriages.
After the verdict,
Feng Yangui reported the Zhang family to the county the next day. The county judicial office believes that the Zhang Jincai family robbed relatives and engaged in feudal marriage, sentenced Zhang Jincai to six months' imprisonment, and declared the marriage between Zhang Baier and Feng Penger null and void. Chamberlain was also put in prison, and his son was in his care.
The happy marriage broke down like this, and people talked about it one after another. Bao Er was heartbroken. It is said that there is a Commissioner Ma in Longdong, who understands that Bao Er decided to complain on the road.
Peng Er has served as a representative of village women for many years and has certain political consciousness and working ability. She said categorically: "I don't love Zhu Jiafu's family, but I love Chamberlain's honesty, honesty and hard work. I will marry Chamberlain even if I die! "
"Ma Qingtian" skillfully tried difficult cases
After carefully investigating the cadres and masses in towns and villages in Ma Xiwu and listening to opinions and demands from all sides, he gave a thoughtful answer to this case.
1943 On April 17 of the lunar calendar, that is, on May 20 of the solar calendar, a Sanxiang mass meeting was held in Yue Le District, Huachi County. Commissioner Ma sat on the rostrum, dressed in coarse clothes, and assisted the Huachi County Judicial Office in publicly hearing Feng Penger's case.
In front of thousands of people, Commissioner Ma asked Feng Penger, Zhang Baier, Feng Yangui and other people involved in the house robbery one by one, and asked the opinions of the people present. Finally, the court pronounced on the spot: 1. Feng Yangui violated the Marriage Law of the Border Region and betrayed his daughter many times. All the "bride price" she got was confiscated and sentenced to hard labor for half a year as a warning. Second, the Zhang family gathered at night to rob relatives, disturb neighbors and disrupt social order, and sentenced the leader to six months in prison. Other participants conducted serious criticism and education to clarify the legal system. Peng Fenger and Zhang Baier got married voluntarily on the basis of free love. According to the provisions of the Marriage Law of the Border Region, their marriage is valid.
As soon as the verdict was announced, the audience was full of joy!
Commissioner Ma also issued marriage certificates to Feng Penger and Zhang Baier on the spot, praising them for breaking through the shackles of feudal ethics and pursuing the spirit of marriage autonomy. Commissioner Ma wished the two newlyweds a happy marriage and persuaded the two in-laws to improve their relationship. Commissioner Ma took the initiative to take responsibility for the previous improper judgment of Huachi County Judicial Office.
Commissioner Ma made a fair, reasonable and legal judgment in a complicated civil case, and the masses praised him one after another: "Real horse!"
The combination of trial and mediation created in this case has been used by Ma Xiwu to solve many civil disputes.
Through judicial practice, Ma Xiwu has gradually formed a set of trial characteristics. First, implement the party's mass line, don't trust statements and confessions, and distinguish right from wrong through investigation and study, and convict and sentence. The second is the combination of trial and mediation, and mediation is used as much as possible in general civil cases. Third, the litigation procedure is simple and easy, and there is no need for a trial. Instead, we should go to the grassroots level as much as possible to facilitate the masses.
More than a year after Peng Er announced the verdict, in March 1944, 13, 10/9, Yan 'an Liberation Daily widely reported the case, calling Ma Xiwu's experience "Ma Xiwu Trial Law". * * * The Central Committee timely summarized and popularized the experience of Ma Xiwu. In this way, the judicial work in the Shensi-Gansu-Ningxia Border Region and the base areas led by the * * * Production Party has taken a big step forward and played an important role in consolidating the revolutionary regime and promoting War of Resistance against Japanese Aggression behind enemy lines.
Liu Qiaoer is famous all over the world.
A case about freedom of marriage has been settled, but its influence is growing.
After many twists and turns, Peng Fenger and Zhang Baier cherish the hard-won life after marriage. They work hard, manage their families diligently, and their lives are getting better and better. Soon, the two gave birth to two sons. Over time, Feng and Zhang also understood each other and made up. Peng er and Zhang Baier are both famous people, so it is suggested to change their names. So Feng Penger changed his name to Feng, and Zhang Baier changed his name to.
The story of Qin Feng's struggle for freedom of marriage goes like this.
Qin Feng is very concerned about army building. Every August 1, she goes to the county people's armed forces department with eggs, insoles and fruits to express her condolences. Feng worked hard all his life, usually doing housework, taking care of his grandchildren and often cutting paper and embroidering.
Since the Shaanxi-Gansu-Ningxia border region, governments at all levels have been concerned about their lives. In recent years, Huachi County has rebuilt their former residence, built a new "Er Qiao New House" and built a "Liu Qiaoer Pavilion". In 2002, Feng was hired as the chairman of Huachi County Folk Craft Company and was awarded the title of Master of Folk Craft.
The spirit of "Ma Xiwu Trial" has made new progress.
At that time, Ma Xiwu became a famous judge. 1946 was elected president of the high court of the border region. After the founding of New China, he became the president of the Supreme People's Court Northwest Branch. 1954 was elected vice president of the Supreme People's Court, People's Republic of China (PRC). On April 1962, Ma Xiwu died of illness.
Ma Xiwu emphasizes the settlement of general civil disputes through mediation, which is regarded as judicial innovation. Many foreign judicial circles spoke highly of this trial mode with China characteristics.
For a long time after the founding of New China, "Ma Xiwu trial mode" was regarded as the basic working mode of the court. Judges put on record, tried and executed cases, rode bicycles or horses to the countryside all the year round to investigate and collect evidence, shuttled through the fields, organized court sessions at the places where disputes occurred and the parties' residences to hear verdict cases. During this period, there appeared many trial modes, such as "the court on horseback" and "taking the national emblem to court".
10 during the cultural revolution, the public security law was paralyzed for a long time. After the reform and opening up, rebuilding the legal system, including establishing a sound legal system and strict modern trial procedures, has become the main task. Ma Xiwu's trial method was gradually ignored and faded out of the trial field.
However, in recent years, due to the emergence of a large number of cases, people have been questioning the fairness of judicial trials, and letters and visits involving law and litigation have emerged one after another. During the trial, people will think of Ma Xiwu and the mass line he advocated or implemented. So they began to advocate learning from Ma Xiwu, and some provincial high courts even proposed to "fully implement the' Ma Xiwu trial mode'", which triggered a wide discussion on the trial mode in Ma Xiwu.
Discussion is naturally a matter of opinion. The mainstream view holds that Ma Xiwu's trial mode still has great vitality today, and its enlightenment is that the judicial organs should not only strictly try according to law, but also fully consider the opinions of the masses and make a judgment acceptable to the masses. In the process of handling cases, judges must give consideration to both in-court and out-of-court work, exert their personality charm, promote trial work and make more use of mediation to solve disputes. Solve disputes with high efficiency and low cost and stabilize social order.
However, some people think that Ma Xiwu's working methods can't be copied mechanically in practice. Except in remote areas, it is impossible for judges to directly investigate and collect evidence from every case, because in relatively developed areas or large and medium-sized cities, the number of cases is particularly large, and each judge has to handle hundreds of cases a year. In terms of time alone, it is impossible to go to the countryside to investigate a case for several days. More importantly, the fairness of the trial procedure must be maintained, and all parties must be given a place to fully express their opinions. The trial is conducive to eliminating external interference, embodying judicial independence and establishing the sanctity and authority of the law. Moreover, the division of labor and supervision within the court should also be adhered to, and different departments and special personnel should be responsible for filing, trial and execution.
Some experts said that ancient and modern practices have their own rationality and practicability, and their essence should be extracted and comprehensively applied according to time and place to promote today's judicial work.
No matter how many opinions there are, one thing is certain, that is, the spirit of "Ma Xiwu Judicial Law" will never be out of date.