What is the trial mode in Ma Xiwu?

During the period of anti-Japanese democratic regime, Ma Xiwu carried out the mass line and went deep into the border area for investigation and study. This is a brand-new form of judicial democracy that creatively applies the working method of the mass line to the trial work. Ma Xiwu trial mode is a typical representative of circuit trial mode.

The characteristics of Ma Xiwu's trial mode;

(1) Go deep into the countryside, investigate and study, and find out the case realistically.

(2) Rely on the masses, educate them and respect their opinions.

(3) It is convenient for mass litigation, and the procedure is simple and informal.

Take the rectification movement as the ideological basis and the wisdom of the masses as the source of strength. Its appearance and popularization have trained a large number of outstanding judicial cadres, solved difficult cases accumulated over the years, reduced disputes, promoted unity, helped production, ensured the anti-Japanese war, and enabled the new-democratic judicial system to be implemented.

Ma Xiwu's trial method includes three organically related steps: finding out the facts of the case, listening to the opinions of the masses, forming a solution and persuading the parties to accept it. Ma Xiwu's trial method was accepted and respected by the public at that time, and influenced the civil litigation structure in China for a long time. Many specific principles and practices have been directly applied to the civil litigation system in New China.

Ma Xiwu-

China people's judicial workers. Shaanxi Zhidan. 1930 joined the revolution, 1935 joined the China * * * production party. During the period of democratic revolution, he served as Minister of Grain and Minister of National Economy of Shaanxi-Gansu Province, Chairman of Shaanxi-Gansu-Ningxia Soviet, Commissioner of Qingyang District and Longdong District of Shaanxi-Gansu-Ningxia Border Region, President of Longdong Branch of Shaanxi-Gansu-Ningxia Border Region High Court, and President of Shaanxi-Gansu-Ningxia Border Region High Court. After the founding of People's Republic of China (PRC), he served as president of Northwest Branch of the Supreme People's Court, deputy director of Political and Legal Committee of Northwest Military and Political Committee, vice president of the Supreme People's Court, deputy to the First National People's Congress and member of the Third Chinese People's Political Consultative Conference. He has been engaged in people's judicial work for a long time. When he is also the president of Longdong Branch of the High Court of the Shaanxi-Gansu-Ningxia Border Region, he often goes to the countryside with files, goes deep into the masses, conducts investigations and studies, makes circuit trials, and handles cases on the spot. Combine trial with mediation, oppose subjectivist trial methods, adhere to legal principles and be loyal to the truth. Because of his strict law enforcement and integrity, he is deeply welcomed by the people. His trial method, known as the Ma Xiwu trial method, was popularized in the liberated areas.

1938 In Fengjiayuanzi Village, Huachi County, there was a Feng (nicknamed Panger) who was arranged by his father Feng Yangui and engaged to his son Zhang Baier. 1942 In May, Feng Yangui demanded more dowry in an attempt to break his word. On the one hand, he instigated his daughter to demand the dissolution of her engagement with Zhang on the pretext of "marital autonomy"; On the other hand, he sold his daughter at a high price. In an accidental meeting, Feng Panger and Zhang Baier expressed their wish to become husband and wife.

When she learned that her father had sold himself to Zhu Xiaochang in Qingyang County as his wife, she secretly informed the Zhang family. Zhang Jincai gathered more than 20 relatives, broke into the house with a stick in the middle of the night and took the fat boy away. Feng Yangui accused the Zhang family of "robbing relatives" and reported to the county judicial office. Without investigation and study, the county judicial department made a judgment: Zhang Jincai was sentenced to six months in prison, and the marriage between Feng Panger and Zhang Baier was invalid; However, Feng Yangui's repeated illegal acts of betraying his daughter have not been investigated. In this regard, the parties are not satisfied and the masses are not satisfied. Feng Panger complained on the road when he was patrolling the Huachi in Malaya.

Ma Xiwu personally went to Feng Guyuan, made an in-depth investigation and understanding, and also asked Feng Panger for advice on marriage. On the basis of finding out all the facts, the case was heard in public on the spot, and finally a judgment was made: the judgment of the judicial department of Huachi County was revoked according to law; Both parties agree to get married, and the marriage is valid; Zhang Jincai robbed relatives at night and disturbed public order, and was sentenced to short-term imprisonment; Feng Yangui betrayed his daughter many times, violated government decrees and sentenced her to hard labor as punishment. The masses think that the verdict is reasonable, and the punished people also willingly plead guilty. A young couple was happier and formed a happy couple. Jiefang Daily published an editorial for this purpose, commenting on the characteristics of Ma Xiwu's trial mode, which was considered as a great pioneering work of the judicial front in the border region. Later, literary and art workers in the border region used this as the material to write the drum words "Liu Qiaoer Reunion" and the script "Liu Qiaoer Complaining", and later this story was adapted into the famous Pingju Liu Qiaoer.

/kloc-in the winter of 0/943, a man's body was found on a mountain ridge in Quzi County, the border region. The county judicial department found out that the victim was Sun, and determined that the Su Fayun brothers paid for the money. The basis is that Sun walked with the Su Fayun brothers before he was killed. There was blood on the kang, on the floor and on Sue's axe. After being arrested, the Su Fayun brothers refused to admit the murder after many interrogations. After being detained for one year, the defendant still refused to accept the appeal. Ma Xiwu led the cadres of the judicial department to go deep into the local area for investigation and on-the-spot investigation. Finally, it was found out that the Su Fayun brothers and the victim Sun Mou were real, but they were later separated and proved by others; Su Fayun's home is more than 20 miles away from the body dump site. If Sun was killed in Su Jia's home and then moved to the murder scene more than 20 miles away, the time would be lost. The blood on Su Jiakang's body is the blood of a woman giving birth to a child, the blood on the ground is the nosebleed when Su Jiaren caught a cold, and the blood on the axe is the blood stained when killing sheep. A lot of evidence proves that the Su brothers' "murder for money" cannot be established. Ma continued his investigation and finally found out the real murderer who killed Sun. After the truth of the whole case came out, a mass meeting was held to announce the acquittal of the Su Fayun brothers and severely punish the real culprits. As soon as the case was settled, the whole county shook, and the name of "Ma Qingtian" spread all over the Shaanxi-Gansu-Ningxia border region.

The government of the border region summed up the basic experience of Ma Xiwu's trial mode, and promoted it throughout the border region, setting a banner for the people's judicial work in the liberated areas.

After the founding of People's Republic of China (PRC), Ma Yu/KLOC-0 served as the president of the Northwest Branch of the Supreme People's Court in February 1949, and/KLOC-0 served as the deputy director of the Political and Legal Committee of the Northwest Military and Political Committee in August 1952. 1954 In September, after the first session of the First National People's Congress passed, he was appointed as the vice president of the Supreme People's Court. He still maintains the fine tradition of the party. Often go deep into the grassroots to understand the situation and always blend in with the masses.

/kloc-in the spring of 0/959, I visited the Garden People's Court in Xiaogan County, Hubei Province, and lived with the staff. When things happen, he always listens to the opinions of the comrades in court before putting forward his own opinions. After living in the garden for half a month, no one knows his identity. It was not until he returned to Beijing that everyone knew that this "old man" turned out to be Ma, vice president of the Supreme People's Court. On April 1962, Ma Xiwu died in Beijing.

His wife Li Chunlin (1909 ~ 1993) is the party secretary of the Central University for Nationalities (later renamed as the Central University for Nationalities). The husband and wife have three children: the eldest daughter (born in 1942), the son Ma (born in 1944) and the son Ma.