Judge of the Song Dynasty Chapter 512: The dispute between politics and law

(The title is wrong, and the author can't change it. Chapter 511 The dispute between politics and law)

The noisy imperial court ushered in a peaceful morning.

Zhang Fei, who spent the night with Xu Zhiqian, was sitting by the lake with his two beautiful wives, enjoying the delicious breakfast.

I have to say that eating breakfast here is really wonderful. The environment here is very good, much better than Bianliang City.

Although he is also a workaholic, compared with Xu Zhiqian, who is used to rough food, Zhang Fei still has a little bit of demand for the quality of life, because in his previous thinking, working hard is also for a better life. Good enjoyment without too much ambition.

You should enjoy it, you should enjoy it.

"By the way! There is a question I've always wanted to ask you."

Xu Zhiqian suddenly put down the quickie and looked expectantly at Zhang Fei opposite.

"What's the problem?"

Zhang Fei asked casually while eating the delicious food that Gao Wenyin gave him.

Xu Zhiqian said: "The lawsuit yesterday, if you defended the government, would you have won it?"

Zhang Fei smiled and said: "I remember I told you earlier that there is no lawsuit in this world that you can definitely win, but there is no lawsuit that you can definitely lose."

"How would you fight?" Xu Zhiqian asked curiously.

Zhang Fei didn't even think about it, and said: "As far as I know, those salt merchants are not very law-abiding people. If you can find out that one of the salt bills is problematic, you can use it as an excuse. , invalidate all the salt money evidence, and the salt money is the key certificate of the contract between the two parties, if there is a problem with the certificate itself, naturally there is no claim for compensation, which can at least last for a long time."

Xu Zhiqian nodded thoughtfully and said, "You seem to have used this trick when defending the clan case."

Zhang Fei smiled and said: "But it's a pity you didn't learn it, let alone master it."

Xu Zhiqian said quietly: "I have already given up on this, and I will definitely not be able to beat you in a lawsuit."

Zhang Fei hehe said: "The justice in your heart is always greater than the law, how can you win me."

Gao Wenyin asked suddenly: "Isn't law and justice the same thing?"

Zhang Fei said: "Of course not. For example, it is obviously immoral to ignore death, but it is not illegal in most cases, but if you step on it, even if you don't have your foot , he will die, but you are also murdered.

Conversely, when you choose to act bravely, you may also violate the law and be punished. "

Gao Wenyin asked in amazement: "Why is this?"

Zhang Fei laughed and said, "For example, if you saw someone being kicked to the ground, and you acted bravely and accidentally killed him, you might be charged with manslaughter."

Xu Zhiqian immediately questioned: "If the sentence is really like this, who will dare to act bravely in the future."

Zhang Fei smiled bitterly: "I mean possible, not everything."

Gao Wenyin said: "I think San Lang is right. When you see other people fighting, you should pull them away instead of helping one party fight the other. This will only add fuel to the fire."

"Correct!"

Zhang Fei said: "Being brave should not be based on the original intention of hurting others, but to protect the victim. The most correct way is to separate the two sides first, and then call the Royal Police. Once you do something, the nature of the whole incident will change." changed.

Of course, in some emergency situations, it is also possible. "

Xu Zhiqian said: "But this will make others fearful. In a hurry, no one would dare to help."

Zhang Fei nodded and said: "It is entirely possible, but if it is not stipulated in this way, the consequences may be more serious. Look at everyone's trust in the judiciary."

"Third Brother! Third Brother!"

Li Si ran over suddenly, gasping for breath, "Third brother is not well, then...the city gate is closed."

Zhang Fei was at a loss and said, "What city gate is closed? Tell me more clearly."

Li Si took two deep breaths, "It's like this, before I planned to go to the city with Xiaotao to buy some vegetables, who knew... who knew that when we went to the city gate leading directly to our imperial court, we found The gate of the city was not open, so I immediately went to inquire about it, and said that the gate was ordered by the government. From now on, the gate of the city will not be opened. Now, if you want to come to our imperial court, you have to make a big detour from the north gate. , but the distance is several times longer."

Xu Zhiqian frowned and said, "It seems that they want to take revenge on us."

Whoa fuck! This shot is probably a little too fast. Zhang Fei asked: "Isn't the city gate under the control of the police station?"

Xu Zhiqian said: "Of course not, the city gate belongs to the city defense, how could it be under the control of the police station, usually it is managed by the government and the military, but in wartime it is controlled by the commander in chief."

Zhang Fei sighed with embarrassment and said: "The road to justice is inherently tortuous, so it can show the value of justice even more. I believe that the people will be willing to take this extra step. There are no roads."

Xu Zhiqian pursed her lips and smiled, "You sound like you are comforting yourself."

Zhang Fei said: "Otherwise, what can I do."

Xu Zhiqian said: "But since they have launched revenge, it's impossible to just do that. We have to find a way to deal with it as soon as possible."

Gao Wenyin said in a low voice: "Sanlang, in this way of life, peace should be the most important thing. Fighting is not good after all."

Zhang Fei smiled wryly and said: "Madam may not know, from the beginning to now, they are the ones who make things difficult for me."

"Really?" Gao Wenyin really didn't know, she usually doesn't ask about these official matters, but this matter really looks like Zhang Fei is being aggressive, asking: "Why are they doing this?"

Zhang Fei picked up Kuaizi and picked up a piece of pastry from her bowl, "Because I made them lose a piece of pastry in their bowl, can they not hate me?"

Xu Zhiqian said: "That's why they will try their best to break our fast money."

Zhang Fei said: "So we have to protect the fast son in our hands."

After breakfast, Zhang Fei and Xu Zhiqian came to the lobby.

"Teacher! Someone came from the government just now."

Both Cai Bian and Shangguan went up to greet him immediately.

Zhang Fei's heart skipped a beat, and he said, "What's the matter?"

"Unknown at this time."

Cai Bian said: "It seems that my brother is negotiating with that person about our building a store in front."

Zhang Fei frowned and said: "It's unreasonable. They just closed the city gate. After all, the city gate is indeed not under our control. It is all the territory of our imperial court. Why should they interfere. Where are they?"

Cai Bian said: "It's in the front hall."

"Go!"

Zhang Fei said: "I want to see what the **** they are trying to do."

Before leaving the front hall, Cai Jing came back with a depressed expression on his face.

Zhang Fei asked: "Cai Jing, what's the situation?"

Cai Jingdao: "With regard to building shops outside, the government requires us to submit an application statement first. After the government approves, we will be allowed to build shops here."

Zhang Fei said: "Why are they? Didn't you tell them that those places belong to our imperial court? No, these are all official sites, but the official gave us to change them to the imperial court. They have no right to interfere, and the land deeds are still in the hands of the government.”

Cai Jingdao: "They said that this area belongs to the city defense area. If you want to build houses on a large scale, you must get approval from the government and the military."

Zhang Fei blinked, turned his head to look at Xu Zhiqian, "Is there a way?"

Xu Zhiqian nodded and said: "Of course, especially near the city wall, no matter what kind of house is built, it must be approved by the government. What's more, the Hezhong Mansion is still a military center, even more so."

Cai Jingdao: "I think this application will be handed in, and most of it will go nowhere. As long as the government does not reject it, we will be helpless."

Zhang Fei blinked and coughed lightly: "Then let's put it for now."

Ye Zuqia said: "Teacher, but if they do this, we will feel very uncomfortable, because everything except the judiciary is under their control."

Zhang Fei frowned and said: "Remember, I told you before I came here, we are not here to compromise, this is a tough battle, now it's our turn to defend, we just have to persevere."

Just at this time, Li Si came to the door again, "Third brother, Li Min and Zhengwen have something urgent to see."

Cai Jingdao: "I'm sure the government is also investigating them."

Zhang Fei had a headache.

After a while, Qiu Zhengwen and Li Min entered the hall.

Qiu Zhengwen said: "Third Brother, the government wants to investigate our Legal Aid Department, saying that the litigation rules of Hezhong Prefecture and Kaifeng Prefecture are different, and the Legal Aid Department cannot fight for people without the permission of the government .”

Li Min also said depressedly: "Mr. Zhang, just now the government also sent someone to look for me, saying that they want to review my official documents."

Zhang Fei immediately asked: "You don't have official documents, do you?"

Li Min said: "Of course I have gained something, but they said that my official documents were issued by Kaifeng County. At present, there is no rule that the official documents issued by Kaifeng County can be used for litigation in Hezhong Prefecture. They have to go to the court first. Ask me face to face, before that, the government will not allow me to file another lawsuit."

Xu Zhiqian said: "The Legal Aid Department has the permission of the Political Affairs Hall and the Court of Justice. Hezhong Government has no right to block the official documents of the Political Affairs Hall. But the official documents of the ear pen are indeed under the jurisdiction of the local government. Although there is no rule prohibiting inter-government disputes, the imperial court has not yet said that it is necessary to unify, not only that, but because of the lawsuit between you and Wang Wenshan last time, the imperial court is still tightening the review of official documents."

Zhang Fei asked: "Then what should we do now?"

He really doesn't know much about the imperial system.

Xu Zhiqian pondered a little, and said: "The only way is to explain this problem to the court, urge the court to formulate a unified regulation."

Cai Bian suddenly said: "If Li Min's qualifications are questioned, what about the previous lawsuit...?"

Li Min nodded straightly and said: "The people in the government just hinted at this."

Zhang Fei said: "Since there is no system saying that it is not allowed, and Li Min has already participated in this case and became a part of this case, if there is no absolute justification, they have no right to separate, and I can make the decision."

Speaking of this, he hesitated for a while, and said to Li Min: "But for the time being, you should not accept the lawsuit, or you should join the Legal Aid Department first. After all, it will take some time to apply to the court."

As the head of the court, he must abide by the law. Since it is currently under the jurisdiction of the local government, and the imperial court has no relevant regulations, of course it is the local government that has the final say.

Li Min nodded and said, "I see."

Zhang Fei said to Qiu Zhengwen again: "Zhengwen, you immediately take the official document given by the imperial court, go to the procuratorate and sue the government."

"I see."

After the two of them left, Zhang Fei couldn't help but sighed, "This is really chaotic, step by step, I haven't even considered whether the official document system is perfect."

With regard to the construction of the public security law, he has certain powers, but he only has the executive power. The formulation of the system must belong to the administration, and the judicial reform is formulated by the political affairs hall and the trial court.

The approval of this official document must belong to the administration.

Speaking, Zhang Fei turned around and told Cai Jing and the others: "We have to write to the imperial court immediately, suggesting that the imperial court should immediately improve the system of official documents."

Shangguan Jun said: "The construction of the city gates and shops, should we also write to the imperial court?"

Cai Jingdao: "I don't think it's necessary, because this matter is related to city defense, and the court is also under the control of the Sanya and the Privy Council. Naturally, they will not be willing to make concessions for the convenience of the public prosecutor and the law. This will inevitably cause controversy in the court. , may cause the whole thing to drag on for a long time.”

Every dog ​​knows the efficiency of the court in the Song Dynasty. If you want to talk about the city defense, they can talk about the Jinbing going south.

Xu Zhiqian nodded and said: "Cai Dalang's words are reasonable, but this will give people a chance to catch them."

Zhang Fei said: "Then don't mention these things for now."