Eye-catching
Prince Village, Pingshan Town, 1 km south of the county seat of Pingshan County, Hebei Province, was once the seat of the North China People's Government. Because the North China People's Government is the "prototype of the Central People's Government", this small mountain village can be famous at home and abroad.
In this village, from September 1948 to February 1949, the revolutionary predecessors spent less than five months making political, economic, civil and judicial preparations for the final founding of New China. The North China People's Court, as the predecessor of the Supreme People's Court of the Republic, was also born here.
With the rumbling of the People's Liberation War, on September 26, 1948, the North China People's Court, as one of the 19 institutions of the North China People's Government, was established in Wangzi Village, Pingshan County, Hebei Province, with Chen Jinkun as its president.
In February 1949, the North China People's Court was moved from Prince Village in Pingshan County to Beiping (Beijing). In October of the same year, the handover between the North China People's Government and the Central People's Government was completed, and the Supreme People's Court was proclaimed on the basis of the North China People's Court.
On October 28, 1949, the North China People's Government issued an announcement on the end of its work, ordering the people's governments of Hebei, Shanxi, Pingyuan, Chahar, Suiyuan Provinces, and The People's Governments of Beijing and Tianjin to be directly under the Central People's Government from November 1.
According to the Organic Law of the Central People's Government, the Central People's Government Committee organizes the Supreme People's Court as the highest judicial organ of the state. The Supreme People's Court was established on the basis of the former North China People's Court, Chen Jinkun officially handed over the seal letter to Shen Junru, and the Supreme People's Court opened the seal letter on November 1, 1949, and officially opened its office. With the successive promulgation of the "Regulations on the Trial Organization of the Supreme People's Court" and the Provisional Organizational Regulations of the People's Courts, adjudication bodies and trial work mechanisms have been gradually established.
Judicial civilization is the symbol of social civilization. In just 13 months, the North China People's Court handled a number of civil and criminal cases, creating conditions for the stability of political power and social order in the Liberated Areas; trained a number of judicial cadres and made organizational preparations for the establishment of the Supreme People's Court; abolished all the old laws of the Kuomintang and established a brand-new new democratic legal system, laying the foundation for the construction of the rule of law in New China.
"Out of history, into the Tao, if you want to know the road, you must first be history." Tracing the past and the present, the judicial system of the North China People's Court period, with its strong influence, rooted in the vast fertile soil of New China, promoted the construction of democracy and rule of law in our country in a big stride. It is like a bright dawn, breaking through the darkness and blooming with light.
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Chen Jinkun (1887-1959)
Chen Jinkun, born in 1887, is a native of Changde, Hunan. From 1908 to 1917, he studied in Japan and graduated from the Faculty of Law of Tokyo Imperial University in Japan. After returning to China, he served as the director and president of the Fengtian Provincial Higher Court of the Beiyang Government, the revision of the Law Museum, the director of the Dali Yuan, the president of the division, and the counselor of the Ministry of Justice. In 1933, he served as a magistrate in the Kuomintang government. From 1919 to 1938, he was a professor at Peking University and Chaoyang University. In 1946, he went to Yan'an and joined the Communist Party of China, and later served as a member of the North China People's Government and president of the North China People's Court. After the founding of New China, he successively served as a member of the National Committee of the First, Second and Third CPPCC National Committees and vice presidents of the Supreme People's Court.
Jia Qian (1903-1996)
Born in Yanggongdian Village, Huaxian County, Henan Province, he joined the revolutionary work in February 1940, joined the Communist Party of China in July 1946, and successively served as section chief and senator in the anti-Japanese democratic government of Huaxian County, Jiluyu Border District, and the Jiluyu Bureau. During the Liberation War, he successively served as a member of the Administrative Committee of the Jinji-Hebei Luyu Border Region Government, vice president of the Jinji-Hebei Luyu Border Region High Court, and chief judge of the North China People's Court. After the founding of New China, he successively served as a member of the party leading group of the Supreme People's Court, a member of the adjudication committee, and the president of the criminal division. He was one of the drafters of the Organic Law of the People's Courts of the People's Republic of China, and in 1956, the Special Military Tribunal of the Supreme People's Court tried Japanese war criminals and was appointed president of the Special Military Tribunal. In February 1980, he was appointed adviser to the Ministry of Justice.
image
The picture shows the former site of the North China People's Court.
The picture shows the letter from the North China People's Court.
The picture shows the organizational system diagram of the North China People's Court.
The picture shows the notice of Chen Jinkun's inauguration as president of the North China People's Court in 1948.
Interview
"Always support the leadership of the Party and serve the people"
——Visiting He Yanguang, clerk of the Xibaipo Court of the Pingshan County People's Court
Reporter Liu Jing
In 1985, the National Court Advanced Collective Advanced Workers Commendation Conference attended the certificate, the honor book, and He Qingxiang's national court advanced worker certificate and medal.
A group photo of the central leading comrades receiving all the delegates of the National Court Commendation Conference for Advanced Collectives and Advanced Workers was placed in a conspicuous position at home by He Yanguang, clerk of the Xibaipo court. This old photo from 1985 records the glorious moments of Grandpa He Yanguang.
"The story of Xibaipo, I grew up hearing big." He Yanguang said, "The spirit of Xibaipo is both a tradition and a family style. ”
He Yanguang's grandfather, He Qingxiang, was born in 1933 and joined the Communist Party of China in 1954 while studying at Jianping Normal School. "Jianping Normal School was originally built in xibaipo today, so my grandfather and I both joined the party in Xibaipo." He Yanguang said.
He Qingxiang joined the court in 1982 and has been working in the Criminal Court. He retired in 1994 and was rehired to work in the court to receive letters and petitions, and officially left his post in 2000, and is now 89 years old.
"This photo is of my grandfather, who was selected as an advanced worker in the national court system in 1985, and took a group photo when he was received by party and state leaders Deng Yingchao, Yang Shangkun, Peng Zhen, Xi Zhongxun, Ye Jianying and others at the Great Hall of the People in Beijing in March."
In addition to the group photo, the certificate of attendance, the certificate issued, the medal, the honor book and the diary of the commendation meeting were neatly stored in He Yanguang's home. "This is what my grandfather solemnly passed on to me after I officially joined the party, and it is our family's heirloom." The diary issued at the commendation meeting, He Qingxiang, has been reluctant to use it, and it is still as clean as ever. In 1985, the People's Government of Hebei Province issued He Qingxiang with a certificate of honor for model workers, enjoying the treatment of provincial model workers.
"Grandpa likes to write, and has written more than 500 large and small articles, involving more than 300 articles on the legal side, and has been published in newspapers and periodicals such as "People's Court Daily", "Hebei Daily", "Shijiazhuang Daily", "Shijiazhuang Trial" and so on." He Yanguang said proudly: "My grandfather was an excellent soldier of the party, a communist party member I most admired, and he was a true practitioner of Mao Zedong Thought, and he had a life motto that often hung on his lips: 'Always support the leadership of the Communist Party of China, always be a qualified communist fighter, always follow the party and Chairman Mao, and serve the people.'" When XiBaipo joined the Party, he personally felt the Party spirit and was influenced by Mao Zedong Thought, and his feelings for the Party and Chairman Mao were very deep. ”
When He Yanguang talked about his grandfather's daily life, he said with emotion: "Grandpa can be said to have brought the 'two musts' to the fullest, and the hard struggle is unimaginable to people now." "He Qingxiang will go to the vegetable market to pick up rotten vegetable leaves that people don't want to wash and eat, and the clothes are the new three years old three years sewn and patched up for three years as mentioned in the folk song."
He Yanguang joined the pingshan county people's court in Hebei province in April 2001 and has been a clerk in the Xibaipo court since 2004. "One is influenced by the spirit of Xibaipo, the other is infected by my grandfather, and in 2007 I also gloriously joined the Communist Party of China in Xibaipo and became a soldier of the party." He Yanguang's expression became more solemn: "In my work for many years, I have always faithfully fulfilled the obligations of a party member, and strictly required myself to work and study according to the standards of an excellent communist party member. ”
In the 18 years of working in Xibaipo, He Yanguang has always adhered to the glorious tradition of his grandfather and other revolutionary predecessors. Hard work, modesty and prudence, not arrogant and impatient, in the case of doing their own work well, do a good job of pre-case guidance work for the parties and after-the-case work. Since 2002, He Yanguang has been rated as an advanced individual by the Pingshan Court for more than ten consecutive years, and was awarded the title of Star Party Member in 2020.
"My experience is not comparable to my grandfather's, but I will always uphold my grandfather's life motto: 'Always support the leadership of the Communist Party of China, always be a qualified Communist Party fighter, always follow the party and Chairman Mao, and serve the people.'" He Yanguang said firmly.
case
01: Zhao Daozi murder case
The victim of the case, Han Yiquan, a native of Zhengding, Hebei Province, and his niece Han Jinjie's parents died twice. In order to avoid the war, he took Han Jinjie all the way to Dawu Township, Pingshan County. Han Yiquan worked as a Taoist priest in the Longtanggou Taoist Temple, and betrothed his niece Han Jinjie to a nearby farmer.
Defendant Zhao Daozi, a native of Beiwanglou Village, remarried his mother at an early age, and he was left in his village to live with his uncle's family, lacking education since childhood and being frivolous in nature. Later, he met Han Jinjie in a neighboring village, and the two hooked up into adultery, and Zhao Daozi instigated Han Jinjie to divorce, and was blocked by Han Yiquan. In order to achieve the goal, Zhao Daozi joined forces with Zhao Shunrui and three other people in Zhongjiabi Village, pretended to be an army to capture deserters, pulled Han Yiquan out, and after some fighting, strangled Han Yiquan to death with a rope, tied a stone and threw it into the well.
The court sentenced Zhao Daozi to death in the first and second instances, and sentenced zhao Shunrui and three other co-defendants to fixed-term imprisonment ranging from one to two years in the first instance. At the third trial, zhao Daozi's death sentence clause was upheld, Zhao Daozi's appeal was rejected, and Zhao Shunrui and three others were sentenced to five years' imprisonment each.
Comments: The judgment embodies the principle that the death penalty case must be pronounced, the evidence is not heavy, and the punishment is appropriate. The judgment describes the facts concisely and concisely, and the reasoning is unfolded layer by layer, with both the enumeration and relevance of the conviction evidence and the separate discussion of the main offender and accessory; both the support for the appropriate determination of the crimes in the first- and second-instance judgments, and the correction of the improper sentencing of the first- and second-instance judgments. Although the legal provisions are not quoted throughout the judgment, the reasoning is thorough and convincing.
02: Dispute over the sale and purchase of a land crater
The appellant, Li Yinxi, was from Beibailou Village, and his family had an idle empty homestead, and Liu Ercui and eight other machine households spread wood and stone and Li Yinxi's family cooperated to build the shelving land. At the beginning, it was planned to build ten places, two places for Li Yinxi's family, and eight places for Yu Hu. As a result, there was a surplus of materials, and twelve places were built, and two places grew. One of them was sold before, and most of the money was repaid for the construction costs, and a small part was divided equally among everyone. There was still a place left, and Li Yinxi advocated that it was left by his brother and should be owned by him, and the rest of the households asked to sell it. The final judgment of the North China People's Court was to reject the appeal, the sale and purchase was valid, and the sale was allowed to be sold to a third party. As for the proceeds from the sale, the proceeds of the sale are divided by each household through negotiation.
Comments: This judgment has the following characteristics: First, it summarizes the focus of the dispute and discusses it around the focus of the dispute. This method of adjudication has only begun to be widely used in the writing of legal documents in recent years. The second is an innovation in the judicial field that the right to use the land hammer can be allowed to be bought and sold, because we generally buy and sell ownership, and in this case we buy and sell the right to use. As a inheritance, it can be extended to the disposal of some contracting rights and lease rights in the field of enforcement. The third is to take validity and invalidity as the premise for judging contract cases. The sale and purchase of land filth will now be included in the contract type of dispute, and now we must first specify the issue of the validity or invalidity of the contract in our judgment. In this judgment, it is emphasized that the behavior of the machine owner on behalf of the buyer and sale of the land is valid, and it is also in line with the criteria for judging contract cases today.
This judgment has set a precedent for judicial adjudication in accordance with policy, highlighted the judicial concept that judicial work serves the party's central work, embodied the guiding ideology of promoting stability and unity through development and production, and conveyed the majesty of the law in plain language.
03: Yan Meilu marriage contract dispute case
Yan Meilu, a native of Beijiabi, Pingshan County, and Zhang Xinqiao were betrothed by the adults of the family since childhood, and also gave a dowry. When Zhang Xinqiao grew up, he opposed arranged marriages, believing that Yan Meilu was three years younger than her and looking ugly, and asked to withdraw from marriage. The Pingshan County Judicial Department of the first instance issued a civil mediation letter and decided: Mediation and withdrawal of marriage. Yan Meilu appealed, and the Beiyue Branch of the Jin-Cha-Ji Border District High Court ruled: First, the marriage contract was allowed to be dissolved, and second, the woman Zhang Xinqiao refunded the man Yan Meilu 300,000 yuan as appropriate. Yan Meilu appealed again, and the North China People's Court ruled to reject the appeal.
Comments: This is an ordinary case of termination of marriage contract, which has been decided by the Pingshan County Judicial Office, the Beiyue Branch, and the North China People's Court, and after the study of the Adjudication Committee of the North China People's Court, it can be seen how much the North China People's Court attached importance to the demands of ordinary people at that time, and it can be seen from it that the guiding ideology of the court's trial work at that time was to serve the poor and the masses, and it was to pay attention to the legal effect and the unity of social effects.
Source: People's Court Daily
Reporter: Liu Jing 丨 Editor: Duan Xiqian Shen Yuanyuan