Judge of the Song Dynasty Chapter 7: Turn over the differences

This is not only Zhang Fei's first lawsuit in the Northern Song Dynasty, but also the first lawsuit in his life.

He doesn't have much experience in court, and he also does some errands and financial calculations in his internship position.

But this gives him an advantage instead.

Because he has not formed a fixed thinking of procedural justice.

And when he was studying the ancient law, he knew that the ancient legal system pursued the justice of the result, not the justice of the procedure.

What results justice?

To put it simply, good is rewarded with good, and evil is rewarded with evil.

Therefore, in the classroom, he spent more space portraying Fang Datian as a villain, while on Wei Ada's side, he played the sympathy card.

Instead of looking for loopholes in the judicial process.

Judging from the reaction of the onlookers, it is obvious that he was very successful.

The judges of later generations can judge a result that everyone reviled.

But today's officials, especially those with integrity, dare not make such a judgment.

Because they are more pursuing the result of justice.

Of course, everything must be based on laws and regulations, but the focus of litigation is different.

"Thank you, Brother Zhang, thank you, Brother Zhang!"

"Brother Zhang's great kindness and virtue to our brothers, we brothers must remember it in our hearts. If Brother Zhang needs help in the future, we will never say anything."

.

Out of the government office, the Wei family brothers thanked Zhang Fei in tears for seeking justice for them.

But Zhang Fei asked seriously: "Is this true?"

The Wei brothers were taken aback for a moment, then Wei Aer suddenly patted his chest and said: "Brother Zhang San just give orders."

Zhang Fei hesitated a little, and said: "Actually, it's not a big deal, but I need two more witnesses for me. I still have a lawsuit to fight."

Wei A Er said: "What lawsuit?"

"It's about Ayun's lawsuit."

Zhang Fei said: "I told you that Ah Yun has saved my life, and I must repay her."

Wei Aer couldn't help looking at his elder brother, which made him a little tangled, after all, that woman is also an enemy!

Wei Ada was stunned for a while, nodded silently, and agreed.

After the debate just now, he didn't really hate Ah Yun very much.

At this moment, that Liu Hai suddenly came over and said, "Zhang San, we have something to ask you in Zhizhou."

Zhang Fei said with a smile: "What a coincidence, I also have something to talk to Zhizhou."

He said to the Wei brothers again: "Go back to the hostel first, and we will talk about it in detail when I come back."

After speaking, he and Liu Hai returned to the official office.

.

"Xiaomin Zhangsan, I have seen Zhizhou."

"Zhang San, do you know why I came to you this time?"

Xu Zun asked blankly.

Zhang Fei pondered for a while, then glanced at Xu Zun, shook his head and said, "I don't know."

Xu Zun hummed: "Did you forget that you still owe me the money?"

Debt collection? Wow, you are too stingy! Zhang Fei was not as high-spirited as before, and said awkwardly: "Yes, Xiaomin still owes Zhizhou two pennies, but Xiaomin has no money now, and I hope Zhizhou will relax for a few days."

"No money."

Xu Zun inspected Zhang Fei and said, "You won fifty acres of land for the Wei brothers, didn't you ask for a reward?"

Zhang Fei blinked: "What? Can you still get paid for doing good deeds?"

Xu Yuanqi on the side didn't stop talking, and said: "You are still pretending to be stupid here, the account you just settled really impressed me, I have been on trial for many years, and I haven't seen you." After such detailed accounts, don’t you know to ask for compensation?”

Zhang Fei said: "Xiaomin was only seeking reasonable compensation for the Wei brothers, and did not ask them for any compensation."

Xu Zun asked: "Really?"

Zhang Fei said: "How dare the little people lie to the Zhizhou, and the little people don't dare to rely on the Zhizhou's account. If they have money, how dare they not pay it back."

After examining him for a while, Xu Zun nodded and said, "Okay! Then I will give you a few more days."

"Thank you Zhizhou."

Zhang Fei cupped his hands and saluted, and suddenly said: "It just so happens that Xiaomin has a paper to submit to Zhizhou."

As soon as these words came out, Xu Yuan, Liu Hai and others were immediately dumbfounded.

Your home is a wholesale pleading paper, right?

Only Xu Zun was not surprised, but he frowned and pretended to be dissatisfied: "You have sued endlessly!"

Zhang Fei explained: "It's not a new case, but about the murder of Ah Yun."

Xu Zun said, "Again, is he exonerated?"

Zhang Fei hurriedly shook his head and said: "No, just based on the case of Fang Datian's wounding, Xiaomin thinks that there is enough reason to re-examine Ayun's motives, and whether she is really harmful to others. I have no intention of murder."

Xu Zun was secretly happy.

Xu Yuan also understood, and immediately refuted: "Even if Ah Yun was forced to do it, her crime of murder is indisputable."

Zhang Fei immediately said: "But Xiaomin thinks that Ayun didn't actually have the intention of murdering. She went to hurt Wei Ada out of good intentions, but she used the wrong method. At the same time, there are witnesses in this case .”

"A new witness?" Xu Yuan asked, "What witness?"

There are so few people involved in this case, how could there be new witnesses.

Zhang Fei replied: "It is Wei Ada, the victim of this case."

"Wei Ada?" Xu Yuan was startled, "You said Wei Ada wanted to testify for Ayun?"

"Yes."

Xu Yuan and Xu Zun looked at each other.

If Wei Ada is going to testify for Ayun, then he is definitely a new witness.

But this is outrageous!

Zhang Fei said: "Since General Wei A will provide new testimony, Xiaomin thinks that A Yun can only be convicted of excessive self-defense."

"Too defensive?"

Xu Yuan thinks that Zhang San is crazy, and the above-mentioned exoneration of crimes is still reasonable, but he is taking advantage of loopholes in the law, but he guesses that Dali Temple and the Ministry of Punishment are not the same. probably yes.

Now he's going to make an over-defensive defense.

How is this possible.

Defensive enough to go to someone's house to kill someone?

It's just unreasonable.

Facing Xu Yuan's puzzlement, Zhang Fei said seriously: "Yes, Ah Yun is absolutely innocent, she is also one of the victims, the government should pay her justice."

Xu Zun was overjoyed in his heart, but he said: "You first present the paper."

"Yes."

Doesn't Xu Yuan know what Xu Zun is thinking? He even thinks that the two have colluded for a long time, but he doesn't agree with Xu Zun's entanglement in the case, but if Wei Ada becomes a new witness, there is enough to reverse the case The reason, suddenly, he had an idea, and said: "Wait a minute! Zhizhou, this is to overturn the case. If Zhizhou wants to accept the case, he should also avoid suspicion and choose another official to try."

Xu Zun frowned.

The Song Dynasty had express regulations on overturning the case, which was called "Reversal of Differences and Different Investigations".

To put it simply, if the criminal wants to overturn the confession, or refuses to accept the sentence, and the circumstances are serious, then another official must be replaced to try the case.

In this case, human life is at stake, and the circumstances must be serious.

Although Xu Zun refused to accept the judgment of Dali Temple, it was an internal dispute within the judiciary. However, if Zhang Fei appealed, it would definitely be a case of "examination of differences".

In fact, Xu Yuan said this to protect Xu Zun, because Xu Zun was only a Beijing official who took a temporary post in Dengzhou, and he would have to return to the capital in a short time.

"Substitution trial?"

Zhang Fei was startled.

In ancient times, talent is the key, and the law is only second. Why is he so arrogant, that is entirely the result of Xu Zun's connivance.

If it's another person, it is estimated that the trial has not yet started, so I will grab him first.

If you sue at every turn, you must be a troublemaker.

Xu Zun glanced at Zhang Fei, nodded and said, "Yes, according to our court system, if you want to overturn the case, you have to replace it with another person for trial. Do you still sue?"

There is still a trace of provocation in this look.

We have already reached this point, how can we do this if we don't continue. Zhang Fei smiled and said: "The sun is shining, and the little people have no fear. But the little people have one request."

Xu Zun asked: "What request?"

Zhang Fei said: "Just like today, the trial is open."

Xu Zun pondered for a while, and said: "You go back first."

"Xiaomin resigns."

After Zhang Fei withdrew, Xu Zun carefully examined the pleadings again, and suddenly said: "Liu Hai."

"What is Zhizhou's order?" Liu Hai hurriedly stood up.

Xu Zundao: "You go and ask Cao Tixing to go over the house."

Liu Hai nodded with extreme reluctance, "Yes, I will invite you right now."

This Dengzhou government office is already the highest administrative and judicial department in the state capital, and it is impossible to transfer it to the county level, so it can only be transferred to the prison department.

Moreover, the responsibility of the prison department is to be in charge of various prisons, and has the power to supervise and interrogate.

After the judgment of the state government and the county government, if the criminal and prison director thinks it is inappropriate, he can retry the trial. You must know that the criminal and prison director is directly responsible to the emperor.

It just so happens that Cao Yan, the criminal officer of Tokyo Road, is currently inspecting the first generation of Dengzhou.

Half a month later, Cao Yan was finally invited here. Hearing that he was going to reverse the case for Ayun, the delicious food on the table suddenly became stale. As soon as he put down the chopsticks, he couldn't help but wondered: "Xu Zhizhou, this time The evidence in the case is conclusive, and Ayun has pleaded guilty, so what is there to defend?"

Xu Zun immediately handed over the verdict of Fang Datian's wounding case to Cao Yan, saying: "This case was sentenced by the Japanese officials a few days ago, and I ask Cao to review it."

After Cao Yan read it, Xu Zun asked, "I wonder if Cao Tixing thinks this sentence is fair?"

Cao Yan nodded slightly and said: "Indeed. During the filial piety period, marriage is not allowed. This is against filial piety, and it is not allowed by the law. Fang Datian will indeed be punished for doing so, but whether the compensation is too much ?”

Xu Zun hehe said: "I'm not going to hide Cao's punishment. In fact, I also think that this claim is too much, but Wei Ada's reason for claiming makes me unable to refute it!"

After finishing speaking, he asked Liu Hai to hand over the extremely novel claim form to Cao Yan.

After reading it, Cao Yan had nothing to say, and asked himself, he couldn't write such a well-founded claim form, he couldn't even think of it, and asked, "Who wrote this?"

Xu Zun told the truth: "This is written by a person named Zhang San, who is writing, and it is this person who wants to reverse the case for Ayun."

"Oh?"

Cao Yan asked again: "Who is he from Ah Yun?"

Xu Zun said with a smile: "Cao Tixing may have forgotten that Ayun once saved a drowning man after committing a crime."

Cao Yan suddenly remembered that the case of Ah Yun was naturally handled by the prison secretary, and said: "I remembered, the man Ah Yun saved seems to be Zhang San."

Xu Zundao: "Zhang San reversed the case for Ah Yun, most likely because he has the heart to repay his kindness."

Cao Yan nodded slightly and said: "The heart of repaying kindness is worthy of encouragement, but this law is like a mountain, and it is not the principle of repaying kindness."

Xu Zun nodded and said: "But when we judged the Ayun case before, we seemed to ignore the responsibility of Fang Datian and others in it. Now after the trial of this case, we found that Fang Datian and the others were duty-bound for this tragedy. , Zhang San believes that this case is enough to make the government re-examine whether A Yun has a motive for murder. Moreover, Zhang San also said that there is a new witness who can prove that A Yun has no intention of murder. "

Cao Yan asked: "What witness?"

Xu Zundao: "It is the victim Wei Ada."

This is the key point of overturning the verdict.

Cao Yan frowned and said: "Could it be that Zhang San helped Wei Ada to claim the land, so that Wei Ada changed his confession, so as to repay Ayun for saving his life?"

Xu Zundao: "What Cao Tixing said is possible, but I believe that Zhang San will not do such foolish things."

Wei Ada is the victim and the most important witness in this case. If he wants to testify for A Yun, it will already constitute a reason to reverse the case.

Cao Yan glanced at Xu Zun suddenly, and said: "I heard that Xu Zhizhou refused to accept the judgment of Dali Temple on this case?"

Xu Zunbi said lightly: "The Dali Temple has overlooked some details, and I will make up for it."

Cao Yan said again: "If Xu Zhizhou refuses to accept the judgment after I make the judgment, then wouldn't it be a waste of effort."

This Xu Zun is not an ordinary magistrate, he is an official of Dali Temple. The verdict should still be handed over to the Dali Temple for review, but Xu Zun is someone in the court.

When Xu Zun protested again, Cao Yan felt that he was looking for something to do for himself.

Xu Zun hesitated for a while, and then said: "The reason why I don't accept the judgment of Dali Temple is because there are mistakes and omissions in the judgment of Dali Temple. As long as the judgment is impartial, why should I not accept it?"

Cao Yan nodded and said, "Okay! I'll take over the case."

For him, there is no doubt about this case. Even if it is not a heinous crime, it is a crime of murder. , everyone has to accompany him, and simply give him a reason to give up.