Chapter 528: Nine Years

"You think the verdict on the concealment crime regarding Zhang Erniu's mother and brother was wrong?"

In the civil officer's office, Liu Minyou and Chen Xin were discussing it alone. Chen Xin nodded and said, "I do think it was wrong — they were clearly guilty."

Liu Minyou shook his head firmly. "My conclusion is exactly the opposite. I think we are the ones who were wrong. Right and wrong depend on whether something fits the current reality. To go further, the foundation of law should be based on human 'nature' — that is, the moral standards accepted at this time — not standards we two arbitrarily impose. Case law formed from popular moral norms should align with the local moral consensus."

Chen Xin also said firmly, "If we don't hold relatives accountable, apprehending criminals will become extremely difficult, requiring far more public manpower and resources. Sooner or later we'll have to establish a police department, and this kind of precedent is no good thing for your Civil Affairs Division. Secondly, the military has collective punishment laws — surrender or desertion in the face of the enemy can implicate one's family. If such a precedent takes shape in civil matters, it will greatly affect military law."

"But from the family's perspective, familial bonds are what the law cannot sever. The foundation of society is kinship. Prosecuting all concealment offenses may have short-term benefits, but in the long run it damages the bonds of kinship and the foundation of social trust. That's why I opposed Huang Side's mutual denunciation approach in the first place. Consider today's case: if his mother and brother had reported Zhang Erniu or handed him over to the authorities, the knot in their hearts would be impossible to untie for a lifetime, and resentment would naturally fester. And after handing him over, how would their neighbors view them? How would they survive in the community? As the saying goes, even a vicious tiger does not eat its own cubs. What reason is there to demand his mother hand Zhang Erniu over to the authorities, while not doing so makes her a criminal? In truth, they've been trapped with no way out either way. They committed no crime yet are placed in a desperate situation. Any legal provision should be based on human 'nature'; otherwise it is not what law is meant to be."

Chen Xin raised both hands. "Which is better and which is worse is truly hard to say clearly. But given current conditions, I don't think we should expand this broadly. You saw the quality of those settlement households just now — they don't understand any spirit of the law. I have doubts about the rationality of letting them decide."

"Why would we need people who understand the law? The jury is originally composed of the simplest people. Its purpose is to use plain and widely accepted social morality to determine guilt or whether evidence is valid. The logic is often simple. To exclude legal bias from the jury, professional legal personnel cannot be selected for it. So the reason you give doesn't hold. Case law formed from the common people's simple moral standards is what best aligns with broad acceptance. In the dynasties before Ming, harboring by relatives and friends was mostly not criminalized. Looking at the audience, they also seemed to think it should be that way — a conclusion that matches current moral understanding. I don't think the verdict was wrong."

Chen Xin shook his head and smiled. "Actually, in my view, the greatest advantage of your jury system is simply that it shares the judge's pressure. Especially in cases involving controversy, the target of attack will concentrate on the jury, thereby preserving the judge's authority."

Liu Minyou argued, "There's more than one advantage. The jury system can also be called democratic justice. It more easily eliminates judicial corruption. This method can also constrain clans and the gentry, and over the long term it can cultivate democratic thinking among citizens."

"One person can bend the law for personal gain. Nine people can just as easily do the same, and the selection process itself can be rigged. Merely being from different communities produces different cognitive standards, leading to different verdicts. The Simpson case shows this system also has flaws and does not represent the broadest consensus. So a simple difference in legal systems cannot solve this problem. Solving judicial fairness does not lie in the common law system versus the civil law system — it requires coordination across a broader social system, with all aspects working together. For example, in just one small court session today, I spotted the lack of a police system and lawyers, and those two systems in turn require other systems to support them. Likewise, democratic thinking is not a panacea for all social ills. While there are positive examples like the Western nations, there are also negative ones. Look at India, the Philippines — these democracies are not only economically underdeveloped, but their levels of corruption also rank among the highest in the world."

"The settlement system needs to change. We need to establish institutions suited to a broader scope. We cannot rely on settlement heads to govern the realm..."

Chen Xin loudly cut him off. "No single institution is a cure-all. Only the needs of the moment can determine what is most suitable. Beyond institutions, measures can also serve as substitutes. Take a certain intersection where vehicles are prohibited — do you think it's more effective to enact a no-traffic rule and assign people to enforce it, or to place a few concrete posts? I think the concrete posts are more effective. That is a measure. I don't need to lecture anyone to stop vehicles from passing, and it eliminates the difficulty of enforcing a rule. At present, what Dengzhou Garrison needs most is not judicial fairness, but the efficiency of highly centralized power. I would rather use effective concrete posts than some fair but inefficient institution."

Chen Xin was rather agitated. After he finished, there was a moment of silence between them. After a while, Chen Xin softened his tone and said, "But I think today's matter can serve as a reminder to both of us. We are outsiders, after all. Although it's been ten years, differences with the moral norms passed down over many years in this era still exist. In some matters, we may think that with several centuries of additional understanding, our view must be advanced and correct — but that is not necessarily so. Only an approach suited to this time and this place can be called correct."

Liu Minyou patted his leg. "Although implementing this jury system is an exploit of a loophole in the imperial court's system, I still think it's necessary to continue for now. As for future institutions, we can set aside our disputes and resolve them slowly later. I used to say the burden is heavy and the road is long. Only today have I realized there's something even harder: the burden is heavy, and we still don't know where the road lies."

Chen Xin shook his head. "We just don't know how to reach the most ideal state. The general direction is very clear — a prosperous people, a strong nation, and a just society. The two of us may not figure it out all at once, but we can help it avoid going wrong as much as possible. What exactly is the best path, I'm afraid no one knows. The road must be walked step by step. Any notion that a single institution can solve all problems is harmful."

Liu Minyou did not back down. "By the same token, I believe that denying an institution because of a single problem is also harmful. I insist we need to continue the pilot program. Even if we use the civil law system, we still need cases to build the foundation."

Chen Xin stood up and smiled. "Well said. Though we have disputes, we can keep compromising through practice. I'm also fortunate to have you daring to constantly remind me — that is beneficial at all times. You may continue the pilot, but don't expand its scope, because this year I have an even more formidable task, and nothing can be allowed to affect this main priority. I should be heading to Pingdu Department as well. This year we must take the most important step — that is the foundation for any ideal state in the future."

Three days later, at the Pingdu Department consolidated training base, battalion-level offensive formations were being drilled on the broad parade ground. The four companies of two company-commander square formations each advanced in two ranks, with Mandarin Duck Formation divisions on the rear flanks. Banners and pennants fluttered across the entire formation.

Chen Xin observed carefully from the command platform using a telescope. Li Donghua and Liu Pojun stood beside him in attendance.

Li Donghua did not use a telescope. He held a roster and said to Chen Xin, "My lord, this is the Sixth Combat Battalion. Expansion and reorganization are complete. It has been transferred from the Mobilization Division to our division. The entire battalion is at full strength and fully equipped, and is currently undergoing the first-phase combat training syllabus."

Chen Xin said flatly, "Tell me about the officer composition."

"Because officer graduates from the military academy were prioritized to fill the two newly formed battalions in Liaonan, the officers of the Sixth Battalion are mostly promoted from the Second and Third Battalions, and the same goes for the non-commissioned officers. As for the command staff, the battalion commander is the former company commander of the First Guards Battalion, and the deputy battalion commander has also served as a combat battalion company commander."

Chen Xin nodded. There were four newly formed battalions in this batch — one in Wuchang, two in Jinzhou, and this Sixth Battalion. Originally there had also been a planned Tenth Battalion to be stationed in Linxian, but it had been rejected during a meeting. Sometimes Chen Xin could not simply have the final say alone.

Chen Xin waited a moment, then spoke. "Cancel the Ninth Battalion in Wuchang. Form it locally here in Denglai instead."

Li Donghua hesitated briefly. "My lord, Zhu Daichun has sent multiple dispatches saying the roving bandits have re-entered Henan and could pour into Huguang in large numbers at any time. The outskirts of Wuchang urgently need troops, otherwise it will be impossible to steadily advance toward Xiangyang. If we suddenly cancel the Ninth Battalion now, his plans there will likely be thrown into chaos."

"My plans have been thrown into chaos too." Chen Xin turned his head to look at Li Donghua. "Henan and Huguang are urgent, but this official does not have the strength to strike the Jianzhou Bandits and the roving bandits simultaneously. The Jianzhou Bandits in Liaodong are weak and pinned down by us in Liaodong. Though not urgent, they are more important. Between the important and the urgent, I intend to choose the important side. While the court's troops can still cope with the roving bandits, we will thoroughly defeat the Jianzhou Bandits this year, ending our two-front situation. Only after that will it be our turn to deal with the roving bandits. When the time comes, Zhu Daichun can have as many battalions as he wants."

Li Donghua froze for a moment, then immediately stood at attention. "My lord, rest assured. Your subordinate will make arrangements in Pingdu at once."

Chen Xin turned to Liu Pojun. "For the autumn offensive, I need an extremely detailed plan. You must summon your utmost focus. Our Dengzhou Garrison has never undertaken a mobilization of such scope and scale. Apart from the newly formed Ninth Battalion, all other Denglai and Liaonan standing forces are to concentrate toward Liaonan. Some reserve troops will also need to be mobilized. The Long Qibing company-commander unit in Linxian is to be transferred back as well, with defense handed over to local reserves. The movement routes of every unit, their stations, provisions and supply, depots, concealment of strategic intent, tactical deception, enemy situation, battlefield selection, and so on — I want to see all of it in the Military Orders Division's plan. Though it is still summer, your time is actually limited. I do not have enough ships to move the troops all at once."

"Your subordinate understands." Liu Pojun said, agitated. Both he and Li Donghua were Liaodong natives. From the moment the Dengzhou Garrison landed in Liaonan, they had been waiting for the time when Liaonan would be completely recovered. Now Chen Xin had finally spoken the time they had long awaited.

If an offensive was to be launched in autumn, the Dengzhou Garrison would need to begin mobilizing early, especially in terms of materiel and military provisions. And such a large-scale mobilization also had to be concealed from the eyes and ears of the imperial court and the Jianzhou Bandits, because the main force of the Dengzhou Garrison would all be transferred to Liaonan, and even some reserve troops would be drawn away. If word leaked too early, it would be hard to avoid the court seizing the chance to stir up trouble.

So the plan Liu Pojun needed to devise covered an extremely broad scope — not only the deployments in Liaodong, but also the defense of Denglai itself, as well as diversionary operations in Linxian and Wuchang.

A bugle call sounded from the drill field. The Mandarin Duck Formation division struck from both flanks, bypassing the square formations and beginning a rapid assault.

Chen Xin stared entranced at the advancing Flying Tiger banners and said in a low voice, "Nine years. Huang Taiji, I no longer have the leisure to slowly wear you down." (To be continued...)

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