"Boss, according to this, there are two national exams in the Dragon Kingdom in the future. One is the college entrance examination. If you pass the exam, you can enter the university of the Dragon Kingdom in the future. The other is the civil service exam. Only if you pass the exam can you become an official of the Dragon Kingdom. Am I right?"
Zhu Yuanzhang asked Zhu Biao.
"Yes, Dad, that's it."
Zhu Biao replied.
Then Zhu Biao added:
"And according to what people in the future say, only those who go to university and get a university diploma are eligible to take the civil service exam."
Zhu Yuanzhang nodded slightly, and asked curiously:
"Boss, do you think there will be any difference between the civil service exam for selecting officials in the future and the imperial examination of our Ming Dynasty?"
"Dad, how can I know."
Zhu Biao shook his head and replied.
He felt that his father thought too highly of him. He didn't have the ability to predict the future. How could he know what would happen hundreds of years later?
Zhu Yuanzhang actually knew this. He just asked casually.
……
At the same time.
In other dynasties.
Many people were also discussing the college entrance examination and civil service examination in the future.
Especially the civil service examination. Many ancient people were very interested in this examination for selecting government officials in the future.
However, what they regretted was that the video on the giant screen in the sky did not mention more about this aspect.
……
[The academic cliques in the Korean country and the American country have their own characteristics, but they are unified in one point, that is, replacing talent with power and occupying quotas with money. The final result is naturally that the class becomes more and more solidified, and the upward channel of the bottom becomes smaller and smaller. 】
[Such a society can only become more and more rigid. 】
……
Many ancient people from all dynasties still had many feelings in their hearts after the video was played.
Whether it was the aristocratic families in ancient China or the academic cliques in the later Korean and American countries, in the final analysis, they were all using their power and money to monopolize more resources and opportunities, and suppress the poor class "017".
Those who suffered were the poor in the end.
Many poor ancient people from all dynasties could only sigh in the end.
……
On the high-altitude giant screen.
The video was refreshed.
A new video appeared on the high-altitude giant screen.
[Is killing people on the high seas illegal? Is there anyone who cares? 】
Seeing this line of video headlines, many ancient people from all dynasties were stunned.
In their cognition, killing is definitely illegal.
Killing people should pay with their lives, which is natural.
Instead of the current title, it raises a question: Is it illegal to kill someone on the high seas?
Since it is a question for discussion, it means that killing someone on the high seas may not be illegal.
This made the ancients very confused. What is the high seas? Why did this happen?
With these many questions, the ancients continued to look at the giant screen in the sky.
……
[In the classic Hong Kong movies in the past, you may have seen such a plot. ]
[The protagonist made a big bet with someone, but the card table was not set up on land, but on a cruise ship, and the cards were dealt only when the ship reached the high seas. ]
[The high seas even became the key to the plot. For example, the gambling god set a trap for the villain and quietly changed the route, making him mistakenly think that he had reached the high seas, and then killed people on the ship, which violated the laws of Hong Kong Island and ended up in trouble. ]
[There are many similar plots, which have basically become a stalk in the film and television industry. ]
[After watching too many movies, everyone will inevitably have such an idea that the high seas are a lawless place, whether it is gambling or murder and arson, no one cares, and you can do whatever you want. ]
……
"There is such a place in the future?"
Many ancient people from all dynasties were surprised.
Wouldn’t such a place be extremely chaotic and dangerous?
At the same time.
Many ancient people also had doubts.
Which country does this high seas belong to in later generations?
Why would this country allow such a lawless place to exist?
……
[Is it really so? ]
[Let’s not talk too much, let’s go straight to the case. ]
[Everyone knows about Somali pirates. Most of the places where they hijack passing merchant ships are located on the high seas. ]
[If we follow the logic in the movie, there should be no law to punish them. ]
[As long as they are not shot dead on the spot by the escort warships during the robbery, everything will be fine. ]
[But the reality is: Somali law can judge them. ]
[In 2008, the escort fleet of the Gallic Chicken Navy captured 19 pirates. After the operation, these pirates were handed over to the Somali court. 】
[And sometimes, the laws of other countries can also control them. 】
[In 2010, the Hans Leopard Court tried 10 Somali pirates at one time, charging them with hostage-taking and attacking maritime transport. 】
[In 2011, the Eagle Sauce Court sentenced a Somali pirate to 33 years and 9 months in prison, which was clearly kidnapping, hijacking and holding hostages. 】
……
The Great Ming Taizu plane.
Zhu Biao said in surprise:
"These pirates are so bold that they dare to provoke three permanent members of the UN Security Council in a row."
"Humph! These pirates on the sea are lawless and daring! It's not surprising that they have such reckless behavior."
Zhu Yuanzhang snorted coldly.
He hated pirates very much.
Because there were pirates in the Ming Dynasty, and they often went to the southeast coast of the Ming Dynasty to cause trouble, and committed some acts of burning, killing and looting, which made Zhu Yuanzhang extremely angry.
What's more, a pirate leader named Chen Zuyi led his pirate army to capture more than 50 mainland cities along the coast of the Ming Dynasty in one go.Town, as if to occupy the land as king, and to compete with the Ming Dynasty.
When Zhu Yuanzhang sent a large army to fight, these pirates immediately ran back to the sea.
In this way, these pirates have been showing off their power on the sea, coming and going as they please, which has become a headache for Zhu Yuanzhang.
Even in order to capture the pirate leader Chen Zuyi, Zhu Yuanzhang offered a reward of 500,000 taels of silver.
For Zhu Yuanzhang, who was used to living a frugal life, this was a sky-high price.
Unfortunately, for various reasons, Zhu Yuanzhang was unable to catch this person when he was alive.
It was not until the Yongle period, when Zheng He sailed to the West, that this person was caught and escorted back to the Ming Dynasty to be beheaded for public display.
……
【From the above examples, everyone should be able to see that the high seas are not actually a lawless place. 】
【If you do whatever you want on the high seas, you will still be in jail. 】
【But this makes it even more confusing. Since there are laws to follow, why do movies always use the high seas as a protective umbrella for crime? 】
【Is it completely made up? 】
【That's not the case. 】
【According to the United Nations Convention on the Law of the Sea, the sea areas outside the exclusive economic zone, territorial waters and inland waters of coastal states are the high seas, and the high seas do not belong to any country. 】
【If any country jumps out and claims that all matters on the high seas are under its jurisdiction, it will be a challenge to the international order. 】
【So in simple terms, there are two key issues in combating high seas crimes: Which country's laws should be followed? Who will enforce the law? 】
【The high seas crimes in the movie are actually taking advantage of legal loopholes when the answers to these two questions are unclear. 】
……
Daqin plane.
Qin Shi Huang probably understood it.
Because the high seas are unowned, it is impossible to clearly identify which country is responsible for the illegal and disorderly things on the high seas.
But this problem is not a big problem in Qin Shi Huang's view.
Whoever country commits a crime will be responsible for it.
Isn't it simple and clear this way?
Qin Shi Huang was a little confused about how those who committed crimes on the high seas in later generations took advantage of loopholes?
……
[Crimes on the high seas can only be analyzed on a case-by-case basis, and the details can be used to determine which country has jurisdiction. ]
[One of the commonly used criteria for judgment is to look at the "flag state". If a ship is registered in a certain country and flies the flag of a certain country when sailing, that country is its "flag state" and has jurisdiction. ]
[In plain words: ships and people on board need to abide by the laws of the "flag state" on the high seas. 】
……
"According to the ownership of the ship, not the ownership of the person?"
Qin Shi Huang thought for a while and felt that this way of judgment was actually similar to his previous idea.
Although the methods are different, at least there is a clear principle.
……
[The basis for this judgment is very clear, but the actual implementation process is, but there are some loopholes. 】 (To read the novels of Bao Shuang, go to Feilu Novel Network!)
[There are some small countries in the world that have no way to make money, so they make the laws very loose or do not strictly enforce the law. 】
[They rely on the loose environment to attract ship owners to register, and then earn some management fees. 】
[For example, the tonnage of merchant ships registered in the two unknown small countries of Panama and Liberia accounts for 30% of the world. 】
……
Daqin plane.
When Qin Shihuang heard this, he had already thought of the problem.
For example, the people on the ship are from Daqin, but this ship belongs to other countries.
These people from Daqin did things that violated Daqin laws on the ship, but such things are not illegal in other countries. This is what people in later generations call loopholes in the law.
Of course.
If he was really from the Qin Dynasty, Qin Shi Huang didn't think anyone could take advantage of this.
In the eyes of the emperors of the feudal dynasties, "All under heaven is the king's land; all the people are the king's subjects." As long as they are from their own country, they will be governed by their own country no matter where they go.
Especially for a strong emperor like Qin Shi Huang, he would have such thoughts.
……
[In the Hong Kong film, the cruise ship that the God of Gamblers boarded was registered in Panama according to the setting. ]
[Once the ship sails to the high seas, the laws of the Dragon Kingdom no longer apply to the ship, but are managed according to the laws of Panama, and Panama has few restrictions on gambling, so you can play as you want. ][]
[This inspiration can also be regarded as coming from reality. ]
[In 1988, the wealthy businessman Ye Han purchased the Panama-registered Oriental Princess, which was specifically used for high seas gambling, and then the wealthy people in Hong Kong and Macau followed suit. 】
[In Australia, high seas gambling once took away 20% of the market share of traditional casinos. 】
[Similarly, if a murder occurred on a Panama-registered ship on the high seas, Panama should also be in charge. 】
[For such a small country, those who understand it will understand it, and the law enforcement standards can be flexible. 】
[The line in the movie "The President of Panama and I have some friendship" has hinted at everything. 】
……
Many ancient people in the past dynasties now understand it.
To put it bluntly, it is to take advantage of the imperfect laws of small countries and the corruption of officials.
The plane of Taizu of the Ming Dynasty.
Zhu Biao sighed:
"These criminals in later generations really racked their brains to evade legal punishment 0......."
"But in fact, as long as they are dealt with according to the laws of the countries where these people are from, such a situation will not occur."
Zhu Yuanzhang nodded.
He also felt that the judgment principle should be set in this way.
Which country's people commit crimes, that country will be in charge.
……
[This method of evading sanctions seems very good, but it does not work every time. ]
[Because the laws of many countries also stipulate "personal jurisdiction". ]
[It means that any citizen with the nationality or passport of a certain country has jurisdiction over him, regardless of whether the citizen is a criminal or a victim. ]
[In 1998, a Libyan cruise ship sexually assaulted a minor on the high seas. ]
[The man who committed the sexual assault was from a small country, but the victim was from the United States. ]
[During the trial, the criminal claimed that the case should be handed over to Libya for trial. ]
[The calculation here is that the punishment in Libya is lighter, so he can spend less time in prison. ]
[But the court of the United States did not think so. They prosecuted the man based on personal jurisdiction, and he naturally spent the rest of his life in prison. ]
……
"That makes sense."
Many ordinary people in all dynasties thought so.
They think it is a dual management of "flag state jurisdiction" plus "personal jurisdiction", whichever is applicable should be used.
However.
Many ancient people with experience in government affairs thought of the contradictions and conflicts.
For example, in the example given by the giant screen, if Libya insisted on following the "flag state jurisdiction" and insisted on intervening in this case, what should be done?
The plane of Emperor Taizong of the Tang Dynasty.
When Li Shimin heard Li Zhi's question, he said lightly:
"Then whoever is stronger is right."
Li Zhi was speechless.
He really didn't expect his father's answer to be so simple and crude.
The rest of the Tang Dynasty officials were not surprised by Li Shimin's answer.
Why are so many small countries willing to honor their own majesties as "Heavenly Khan"?
It's because the Tang Dynasty is strong enough.
……
[In addition to "personal jurisdiction", international conventions also stipulate that for some special illegal acts, countries shall implement universal jurisdiction, which can be simply understood as everyone can punish them. 】
[For example, piracy, drug trafficking, and illegal broadcasting that interferes with normal communications, any country's law enforcement agency can arrest and sentence people on the high seas, because these behaviors endanger the whole world. 】
...
"Hey, there is actually such a way to deal with it."
Many ancient people in the past dynasties were quite surprised.
The plane of Emperor Chengzu of the Ming Dynasty.
Zhu Zhanji said:
"It seems that the high seas are not a lawless place. The countries in later generations have considered it very carefully and have taken all kinds of situations into consideration."
Hearing this, Zhu Di smiled meaningfully and said:
"Sometimes, if anyone can manage it, it means that no one will manage it."
"? What do you mean?"
Zhu Zhanji was a little confused, but Zhu Di did not explain it in detail.
……
[So you can see that Somali pirates are sent to Hansibao country as defendants, and then they are arrested and imprisoned in the United States. This is because countries are exercising universal jurisdiction. ]
[In this case, the high seas are not only unable to serve as a protective umbrella, but are also "dangerous" for pirates."When they encounter an escort fleet, they will flee from the high seas to Somali territorial waters, because other countries cannot exercise universal jurisdiction there.]
[After all, if the fleet directly rushes into the territorial waters, it will be considered a violation of Somalia's sovereignty.]
……
See here.
Many ancient people in the past dynasties were quite puzzled:
"Does the Somali government not care?"
"Is this pirate colluding with the Somali government? ”
Many ancient people even had such an idea.
…
[The three jurisdictions of flag state jurisdiction, personal jurisdiction, and universal jurisdiction often complement each other and fill the legal gaps on the high seas.]
[But sometimes, jurisdictions conflict with each other.]
[For example, in the cruise ship sexual assault case we just talked about, Libya, as the flag state, can indeed have jurisdiction over the case, but at the same time, the victim is from the United States, and the United States can also use personal jurisdiction.]
[The two countries each have their own reasons, but the case can only be tried by one country in the end. What can we do? ? ]
[There is no standard answer to this question. It can only be discussed by the countries where the jurisdiction conflict occurs. ]
[Under normal circumstances, the flag state has priority. If other countries feel that the case is of a serious nature and has a huge impact, they will discuss with the flag state and exercise jurisdiction by themselves. ]
[If all parties are unwilling to give up, it may evolve into a diplomatic conflict. At this point, it depends on who is more confident and has a harder fist. ]
[Judging from the cruise ship sexual assault case, it is obvious that the Eagle Sauce Country has suppressed Libya. ]
The barrage flew out:
"Does the discussion refer to physical discussion? Haha."
"To conquer others by force, it still depends on strength."
"The truth is only on the edge of the sword, no problem."
"..."
The plane of Emperor Taizong of the Tang Dynasty.
Li Zhi was stunned for a moment, "Well, it is really like this. ”
But if you think about it carefully, it is true.
Each of them has their own reasons, it depends on who is stronger..
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