Judge of the Song Dynasty Chapter 32: Play rigorously, right?

Sell your wife?

Xu Zhiqian, who has been investigating this matter, couldn't help being astonished when she heard about this charge.

She is like this, let alone others.

There was an uproar outside the door.

It's all here!

It took a long time for Mr. Lu to come to his senses. This was completely beyond his preparation last night. He took several shots of the gavel and asked for silence. After the sound of people at the door disappeared, he asked, "Did you What are you talking about? Selling your wife?"

Zhang Fei nodded and said: "Yes, Li Sixi sells his wife. According to my Song law, he should be imprisoned for two years and sentenced to fifty rods. Cane punishment, reduced sentence for one year."

"Wait! You wait first!"

Grand Lu waved his hands and said: "You have confused me. According to Li Si's confession, both husband and wife agreed to pay the principal with their wives. How could there be such a crime as selling their wives?"

Although the Song Dynasty is a patriarchal society, there are also some laws that protect women. For example, the crime of selling a wife in this play, the wife can be sold, but it must be voluntary and the procedures are complete.

Of course, as a vulnerable group, in many cases, they have no way to resist.

But standing in the courtroom, of course, the law is still the main thing.

Zhang Fei said: "According to my dynasty's household marriage law, the criterion for judging whether two people are married is to accept the ceremony as the standard. I don't know if Xiaomin is right?"

Acquisition is a betrothal gift. As long as this step is completed, the two parties will be legally husband and wife, rather than a wedding.

That's why in Ayun's case, the crime of treason was initially judged, because at that time the Wei family had already offered the land as a dowry, and both parties had signed a good contract, but later they were promised to observe filial piety and not marry. Overturned.

Lu Gong nodded and said: "You are right, it is so stipulated."

Zhang Fei said: "According to Li Si's situation, the principal is the dowry gift. When this contract takes effect, it will be the ceremony to complete the levy. Mrs. Zeng is Chen Yuteng's wife."

Lu Gongzhu nodded again: "You are right."

Zhang Fei said: "But Li Si hastily married Mrs. Zeng to Chen Yuteng before Chen Yuteng's appointment. Of course, it is a crime of prostitution."

Mr. Lu's work was misled by Zhang Fei. He nodded first, and immediately said: "No! Chen Yuteng only married Mrs. Zeng after he signed the compensation contract. There is nothing wrong with that. "

Zhang Fei smiled and said: "Signing a contract does not mean that the contract is effective immediately, because the contract has a characteristic, that is, it has a strong timeliness itself, and it cannot be counted on the date of signing. Please compare the prefect Two contracts."

In Lu Gong's book, he immediately picked up the loan and returned the two contracts and compared them.

I also heard Zhang Fei say: "The first contract stipulated that the repayment date was on the 15th of June of that year, while the second contract was signed on the 3rd of June of the following year. On the 12th, as far as I know, Chen Yuteng took Mrs. Zeng home that day."

After carefully comparing Lu Gong’s writings, he shook his head and said, “You’re not right. Although it was more than ten days in advance, the contract is very clear. Now I’m willing to use his wife, Mrs. Zeng, to pay off the principal owed. It is effective on the same day."

Zhang Fei shook his head and smiled: "No! No! This sentence can only mean that Li Si agreed to this transaction, but it is not time-sensitive. For example, today, I, Zhang San, would like to marry Mrs. Xu , Can it be said that I have married Mrs. Xu into the family today? Of course I can't. And the contract doesn't specifically state that it will take effect immediately."

Xu Shi? Xu Zhiqian rolled her eyes when she heard this, and cursed secretly, this apprentice is really hateful!

Gong Lu nodded slightly and asked, "When do you think it should take effect?"

Zhang Fei replied: "This is a contract involving loans, so when it will take effect, it should not be judged based on the simple statement on the contract, but should be judged according to the benefits generated by the contract."

Lu Gong wrote: "Chen Yuteng has never asked Li Si for the principal."

Zhang Fei said: "What Xiaomin is referring to is not the principal, but the interest. Please refer to the records of the Xiangfu County Hall for the magistrate. Among them, the interest pursued by Chen Yuteng is calculated until June 15th. In other words, the first The timeliness of a loan contract will end on this day.”

Lu Gong shook his head directly and said: "Although there is a difference of twelve days, there is nothing wrong with calculating the interest in this way."

As for the interest of Li Si's contract, since it is limited to one year, it is calculated on a monthly basis, and if it is less than one month, it is calculated as one month. Last night, Lu Gong specially reviewed this point, and the difference is more than ten days. , is not enough to overturn Xiangfu County's judgment.

"There is nothing wrong with this calculation."

Zhang Fei nodded with a smile, and suddenly changed the topic, "May I ask the magistrate, under such circumstances, how do you judge that within the next twelve days, the principal will not generate any interest?"

Lu Gong pondered a little, and said: "It's really difficult to judge, because no matter whether it is the third day of June or the fifteenth of June, the interest remains the same, and you can't tell which day it is calculated on?"

Zhang Fei immediately said: "Of course I can."

"Really?" Lu Gongzhu asked: "Then how do you judge?"

Zhang Fei laughed and said: "That's how the contract was written! Since Chen Yuteng pursued the interest in it later, it is enough to infer that the second compensation contract did not immediately terminate the first loan contract. The two are not a substitution relationship. It is a coexistence relationship, or a complementary relationship.

Although it is less than one month, it is calculated as one month, but we must understand that the interest is generated every day, not the interest of the whole month generated on the first day of each month. Regarding this point, I have enough evidence to prove that many debt contracts are terminated by the creditor party early. In this case, it is usually counted on the current day, not less than one month, which is calculated on the basis of one month. Interest is accrued daily. "

Lu Gong nodded slightly when he heard it.

This is not difficult to understand. If less than one month is counted as one month, it is only to protect the interests of creditors, but the generation of interest is based on the number of days.

Zhang Fei went on to say: "Since the interest is calculated on a daily basis, at the same time, the second repayment contract did not terminate the first loan contract, and after that, Chen Yuteng pursued the interest for the whole year, and the interest was generated As for the principal, the repayment date should of course be counted on June 15th."

If it is less than one month, the calculation is based on one month, which is based on the premise of terminating the contract. If there is no termination, and there is no special explanation, and the interest is calculated in full, then naturally it will be calculated according to the date on the contract.

Lu Gong nodded slightly and said: "It should indeed be counted on June 15th."

Because the second contract was a trap, Chen Yuteng didn't mention the interest, and it was even more impossible to terminate the first debt contract directly.

Since there is no explanation, it will naturally have to be calculated according to the statute of limitations of the first contract.

Zhang Fei continued: "Since the principal is the dowry, the collection period should have come into effect on June 15th of that year, but Li Si sold his wife to Chen Yuteng on the third day of June. It belongs to the crime of show selling."

The onlookers at the door all looked dumbfounded.

Including Xu Zhiqian, they have heard the matter very clearly, but they are even more confused. If the fight continues like this, Li Si's crime of selling a play is really settled.

The crime of prostitution is very clearly stated that the sale of a wife must be carried out under the condition that both parties are voluntary and the procedures are complete, otherwise it will be regarded as prostitution.

Obviously, Li Si sold his wife to Chen Yuteng without going through the whole procedure.

Grand Lu looked up the information carefully again, and said thoughtfully: "As for these two contracts, I have to re-examine them."

Zhang Fei directly interrupted Lu Gong's words, "Just now the magistrate has repeatedly confirmed that there is nothing wrong with these two contracts. Now does the magistrate think there is a problem with this contract?"

"My officer."

Lu Gong suddenly realized that the debate just now was a trap, luring him to confirm that the contract was correct, but at the same time he felt very puzzled, you were invited by Li Si, why did you sue Li Si for jail, this gourd What kind of medicine is sold in it.

However, Lu Gong's work is also experienced in many battles. He knew that there must be more to come, so he suddenly looked at Li Si and said, "Li Si, can you plead guilty?"

Li Si hurriedly said: "Xiaomin pleads guilty."

Lu Gong wrote immediately: "Come here! Take Li Si into custody first."

Two yamen came up immediately and took Li Si down.

There were discussions at the door again.

Many scholars accused Zhang Fei one after another.

The reputation of Er Bi's person is not very good. From this point of view, he knew that Zhang Fei was definitely bought by Chen Yuteng, and it was another kind of drama.

It's really chilling!

The sympathy for Li Si suddenly flooded.

Many people yelled loudly for Li Si.

Ah!

But Mr. Lu knew that things were not that simple. He was actually testing Li Si when he asked that question just now. Seeing that Li Si confessed so readily, they must have colluded long ago.

So he decisively stopped the noise at the door.

Sure enough, when the voices died down, Zhang Fei immediately took out two more pleading papers and said: "Xiao Min sued his wife Zeng for the crime of leaving without permission and Chen Yuteng of Xiangfu County for taking his wife on behalf of Li Si. "

Xu Zhiqian's eyes lit up, and she said excitedly: "It's really a good move to treat a person in his own way."

There was another commotion at the door.

Compared to the timeliness of the contract, they know better what to sell, what is to go without authorization, and what is to take a wife.

The best way to understand it is to **** someone else's wife.

As for leaving without authorization, it means that the wife abandons her original husband and follows another man.

Obviously these three are contradictory.

Only two of the three crimes can exist at most, and it is impossible for the three crimes to coexist.

Either the wife colluded with Lao Wang, or the husband colluded with Lao Wang. It is impossible for three people to be guilty at the same time.

This is a contradiction!

Before reading the pleadings, Lu Gong said: "Since Li Si committed the crime of selling the play, how can we talk about his wife's crime of leaving without authorization?"

Since it was Li Sixi who sold his wife, the wife should be the victim, how did she become the defendant!

Zhang Fei said: "Zeng Shi voluntarily committed himself to others before completing the ceremony of accepting the levy. This is clearly a crime of leaving without authorization. In the same way, Chen Yuteng also committed the crime of taking his wife."

Lv Gong, who has tried countless cases, was also confused by Zhang Fei this time.

As far as common sense is concerned, it is impossible to co-exist at the same time, but the law does not stipulate this.

If you look at it separately, Zeng did commit the crime of leaving without permission, because she voluntarily left her husband and went to marry someone else without completing the collection.

Because Li Si didn't drive her away at that time, but was eager, tearful, and full of reluctance.

The same is true for Chen Yuteng. He married someone else's wife without completing the taxation. Of course, this is considered to be taking a wife. Although there is no resistance among them, it does not mean that this is legal.

After thinking for a long time, Lu Gong's work can be regarded as clear. In the final analysis, on the effective date of the contract, they all thought that they had completed the legal procedures, but because Chen Yuteng pursued the interest afterwards, all this changed. It was illegal, because the date of this transaction was set on the fifteenth of June, but the behavior happened earlier on the third day of June, so how could it be legal, and who among the three would be spared.

At this moment, both Lu Gong and Xu Zhiqian understood why Zhang Fei first asked Li Si to go to Xiangfu County to sue the officials, and why Zhang Fei wanted to complain about the illegality of the contract. Indicates that this contract is very legal.

As long as the contract is legal, the entire transaction is not.

Of course, if the three of them acquiesced, it would actually be considered legal, and the government would not pursue it. The key point is that Li Si doesn't admit it. He thinks he broke the law. If he breaks the law, the other two will naturally break the law too.

But it seems a little unreasonable to really want to be sentenced like this. It is only twelve days away, and then three people are sentenced to a felony. Li Si and Zeng are still victims. This seems inappropriate!

If you are convicted of the crime, in addition to imprisonment, you will have to accept the cane.

The punishment is very severe.

It's about etiquette after all.

Lu Gong wrote very cautiously: "Since this case still involves Chen Yuteng and Zeng, I have to investigate clearly before making a judgment. Retire!"