Judge of the Song Dynasty Chapter 610: Officials have politics and law, and the people follow private contracts

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This is really a wave of ups and downs, and another wave.

It makes those officials who are used to leisure feel a little at a loss.

Originally, after the tax-purchasing lawsuit, the Chuhe-Han boundary of this decree and government decree has been formed, and both sides have already formed formations, preparing to use the most primitive way of fighting to solve the problem.

Where did you know that the tax department suddenly dropped by air, which changed the whole situation and turned the Chu River and Han Realm into the Three Kingdoms.

This triangle relationship is always the most complicated.

In fact, the arrival of the Taxation Department, in a sense, divided the administrative power, but the officials of the Northern Song Dynasty were very, very familiar with this situation, because the power of the Northern Song Dynasty had already been divided. It is fragmented, so the division of power does not matter to everyone, because since what you divide is administrative power, everyone still belongs to the same camp.

Unfortunately, no, the tax department's attitude is really similar to that of an enemy, and the person at the helm of the tax department is not from the traditional bureaucratic class, but belongs to the bottom.

However, what is more complicated is that the decentralization of the tax department is, in a sense, a kind of centralization, because in the past, many government offices were in charge of tax collection, the government, and the transshipment department. The head of the household is in charge, he is in charge of salt, he is in charge of Changping, and so on.

Now the tax department has taken back all tax collection rights.

This raises a question, who will check and balance the tax department?

This is like the relationship between the Privy Council and the Sanya, the separation of military, government and military orders is even more acute than the relationship between the Privy Council and the Sanya.

There is essentially no conflict between the Privy Council and the Sanya, they just separate the general, government and military orders, but there is a conflict between the tax department and the government, and the conflict is because of the promulgation of the exemption law, officials also have to pay taxes.

In addition, the Taxation Department is very strong. It has just arrived in Hezhong Mansion, and the official office has not yet officially opened, so it is necessary to attack Bai Hongqi. Landlord's interests.

The tax department is the enemy of everyone.

However, due to the previous rumors about the tax department, this made many people fearful.

Wei Yingfang and the others dared to confront the imperial court before, and even used force, but they were still a little guilty when facing the tax department.

Since you dare not fight rashly, you can only fight with words first.

According to the system, it is difficult for the government to mobilize the tax department, because the principle of the tax department is to collect taxes according to the law, not to act according to orders.

But since it is in accordance with the law, it is naturally under the supervision of the imperial court, because the judiciary is in the hands of the imperial court.

It happened that the tax department filed a lawsuit against the imperial court, so in this red and white deed lawsuit, the officials reached a consensus with the gentry and the common people, which is to try first to see if the imperial court can effectively restrain the tax department.

It is the lesser of two evils.

No matter how hateful the imperial court is, they must abide by the law and evidence, but at both ends of the law, everyone is in an equal relationship, and everything depends on the evidence, and what they can't stand is precisely this equal relationship. Society, you played equality with me, did you break your brain?

But the tax department is different. Although the principle of the tax department is to collect taxes according to the law, in the eyes of the officials, you are depriving me of my privileges according to the law. If you can collect taxes from me, then this is an unequal relationship .

In the imperial court, we are equal to others, but in your tax department, I am inferior to you, how can this work.

The key point is that they can still negotiate, negotiate, and express their difficulties with the public security, procuratorate and law, but the tax department does not talk to them at all, and their relationship is limited to taxes.

The tax department is obviously more terrible.

At this time of winter, the bitter cold wind blows on the face like a knife. The big tree outside the gate of the imperial court is dancing wildly in the wind. watch" sound.

But this still couldn't stop the people's enthusiasm for watching the trial. Just like the pleasant late autumn, the courtyard was crowded with people, and everyone stuck close together. The temperature was passing, and it seemed that it wasn't so cold anymore.

As for the officials who were absent last time, this time they are honestly sitting in the VIP seats. Although they really want to cut off from the imperial court, they still cannot do without it!

Actually, according to the design of the imperial court, the trial should be held indoors in winter, that is, the lobby behind the courtyard. However, the Hongbai contract lawsuit that is being heard today is closely related to almost everyone, and has attracted the attention of all walks of life. However, Zhang Fei still decided to have a trial in the court.

However, on both sides of the courtyard, two screens were erected to block the cold wind, but also blocked the appearance of Chief Judge Zhang, which aroused the dissatisfaction of the people on both sides.

The key point of this lawsuit is whether the private white contract has legal effect.

In fact, there is no clear stipulation on whether it has legal effect, but the folks of this Bai Qi agree, and the government also turns a blind eye, and most of them will still recognize it, and the request of the tax department is the imperial court. Denial of legal validity.

If there are clear regulations, then the people will not dare to recognize them, especially in the **** industry such as Xiekupu. If there is a phenomenon of wrangling during the transaction, it will be very troublesome, because the law does not recognize it, and the white contract transaction May be invalid.

The other party is the Legal Aid Department. Naturally, those big landlords will not show up, because they have gained a lot of profits from it. If they are the plaintiffs, they will just send them to the door for entertainment.

At the same time, the deed tax really caused the people to suffer a lot. Many people were victims of the deed tax, so they recruited some people who were afraid of the deed tax to sue.

After the trial, the debate between the two sides immediately heated up. Anyway, they were digging black material from each other, and there was no mercy.

Lu Bangxing accused the other party of using the white deed to evade taxes. If the white deed is not denied, it will be difficult for the tax department to collect taxes in the future, because he is representing the tax department, so he must revolve around the tax department.

As for Fan Zhen, he attacked the government for overcharging the deed tax, causing the people to dare not pay the deed tax, and the government should take full responsibility.

However, since the red and white deed involves too many issues and is too complicated, a large number of examples are needed to prove it. Both sides also sent many witnesses to prove their point of view.

After a whole day of heated debate, it finally came to the closing statement.

But whether it was the officials at the VIP table or the people outside the courtyard, their expressions were very disturbed. It can be seen that the two sides are evenly divided and evenly matched, and there is no obvious tendency to favor either side.

Lu Bangxing stood up, looked at the document for a while, then put it down, and said loudly: "The imperial court is a place where the law is taught, and in our court's tax law, there is a clear regulation that any land or house transactions, All must pay a 4% deed tax. Only after paying the deed tax can the entire transaction be truly completed. If the deed tax is not paid, it is not only a tax evasion, but the entire transaction cannot be regarded as completed.

Although the other side accuses the government of overcharging the deed tax, from a judicial point of view, this cannot be confused. They can sue the government for overcharging the deed tax. clear rules.

In addition, the evidence just now has fully proved that many people use white deeds not because of overcharging deed taxes, but to avoid deed taxes. If the imperial court recognizes that the Bai Qi has legal effect, then this will cause the imperial court to face uncountable losses every year. According to the law of the rule of law, the imperial court must first protect the interests of the country and the monarch.

Therefore, I hereby implore the imperial court to rule that the white deed is invalid. "

As soon as he finished speaking, he was booed overwhelmingly. At a glance, no one was on the side of the tax department.

For the people, as long as you collect taxes, you are the enemy.

Not to mention that the deed tax traps the common people.

Don't boo who you boo.

Fan Zhen stood up after Zhang Fei banned booing. I have to say that this cold winter is really a big test for Fan Zhen, who is already in the year of knowing his destiny. This movement is slower than before, but it is caring The imperial court still prepared a small stove for them.

Fan Zhen also took a deep breath, adjusted for a moment, and said: "I agree with the point just mentioned by the other party, that is, from the point of view of justice, the two differences are confused.

But these two are not about the legality of excessive taxation and white contracts, but that the government has political laws, and the people follow private contracts. inherit this law.

But the other party obviously did not understand this regulation clearly, so they confuse political law with private contract. When the two parties sign a complete contract, the contract is legally binding on both parties. This is a private contract, and the government has no right to deny it. Although the imperial court stipulated in the tax law that land deeds need to pay deed tax, this is a government-owned political law.

From the perspective of the regulations, the government has the political law, and the people follow the private contract. They are two parallel lines. The two do not interfere with each other. Now the other party wants to use the political law to deny the private contract. And it will cause very serious consequences. In the future, everyone will only recognize political laws and not private contracts. Then all private transactions must be approved by the government to have legal effect. It will be further expanded, and at the same time, the government will be able to control all private transactions.

The harm caused to the country and the monarch is far greater than the loss caused by tax evasion mentioned by the other party just now. "

Extremely excited applause and cheers suddenly sounded outside the courtyard.

The people supported Fan Zhen hoarsely.

One deed tax has already made the common people miserable. If every contract needs to go to the government to go through formalities, it will be over!

This tax department is really evil!

"Silence! Silence!"

Zhang Fei knocked the gavel seven or eight times before stopping the people's solidarity, which shows how scared the people are.

Fan Zhen continued: "But I believe that President Zhang will not be deceived by the other party, because President Zhang clearly explained this when he talked about the law of the legal system in the Law School.

The civil litigation prescribed by the imperial court is actually to follow the concept of the rule of law and defend the legitimate rights and interests of individuals, which is also to defend the legal effect of private contracts.

As for the other party’s belief that white deeds can make many people avoid taxes, I have no objection to this. There are indeed people who use white deeds to evade taxes, but there is also sufficient evidence to prove that many people are unwilling to pay deed taxes because the government overcharges deed taxes. Originally, the deed tax should be paid and stamped, but if you go to the government to pay the deed tax, you have to go through four procedures, so that no one knows how much tax you will pay once you enter the government. The people refused to pay taxes.

Here, I implore the imperial court to rule that the Bai Qi has legal effect. "

Both sides are very shrewd, and they are talking about the law of the rule of law, because the establishment of the imperial court is based on the law of the rule of law, and only the concept of the rule of law can cooperate with the system of the public security system.

Zhang Fei will definitely not destroy the rule of law.

Of course, Zhang Fei is very happy to see them mention the law of the rule of law.

"Thank you for your presentation."

Zhang Fei nodded, looked at the testimony again pretendingly, raised his head, and said loudly: "Because this case is too complicated, the chief judge should refer to the evidence of both parties, the confession, and the law before making a judgment. .The first trial is here today, and I will leave the court.”

The expressions of the audience were very complicated, with disappointment and expectation intertwined.

In this lawsuit, there is no obvious justice and evil. The two sides are fighting the law and the concept of the rule of law.

The common people don't understand very well. Although they also hope that the imperial court will give a judgment immediately, if the tax department wins the case, what should they do?

And judging from the whole process, the postponement is reasonable.

On the scene, it is really impossible to tell the outcome.

Including those officials, I don't know how to judge.

So this result can still be accepted by everyone.

"Hey! What do you four think?"

Zhang Fei asked the Four Little King Kong while packing up the Wen Eucalyptus.

The four little King Kong silently turned their heads, with a trace of begging in their blank eyes.

Can you ask questions that we can answer? If we keep asking such questions, our self-confidence will really be lost.

We will be depressed.

They are also at a loss now.

Not only did both sides have a point, but they also cited laws and regulations to prove their point of view.

"It's just a random question, why are you so bereaved?"

Zhang Fei gave them a deep look of contempt, and then said to Cai Jing: "Cai Jing, go and write the earmarks of both the prosecution and the defense. Please come to the inner hall."

"Yes."

Cai Jing immediately went down to the court and invited Fan Zhen, Lu Bangxing, Chen Ming and Su Zhe to the inner hall.

The officials over there were just about to leave when they suddenly saw Fan Zhen and the others walking towards the inner hall.

But how can this kind of lawsuit be settled?

Losing money can't solve the problem!

When I came to the house, I felt much warmer.

"Everyone please sit down."

Zhang Fei asked them to sit down with a smile, served hot tea, and then said: "I invite you to come here for only one reason, which is the interests of the country and the monarch that you both mentioned just now. Believe Both of you are also clear that no matter which side wins the court ruling, it will harm the interests of the country and the monarch. Therefore, the president hopes to discuss a specific solution with you in order to defend the interests of the country and the monarch.”

Fan Zhen immediately said: "Chairman Zhang should be clear in his heart that the other party's lawsuit itself will harm the rights and interests of the country and the monarch, and at the same time make the rule of law exist in name only. Defend personal rights and interests. As long as the other party does not withdraw this lawsuit, it is impossible for us to compromise."

He has his own political opinions, and he has always opposed the government interfering with the people. Excessive interference, in his opinion, is to compete with the people for profit, which is not advisable.

Officials have political laws, and the people follow private contracts. Fan Zhen believes that this law cannot be broken in any way, because it will break the rules of the people and make the government take full power.

Chen Ming suddenly said: "The tax department may not pursue the legal effect of the white deed, but the tax department has the right to investigate the tax evasion of all the white deeds. They are all crimes of tax evasion.”

Fan Zhen was slightly taken aback, but couldn't help frowning.

Su Zhe suddenly said: "But according to the evidence just now, the government has over-collected taxes, which has led to many people refusing to pay taxes."

Chen Mingdao: "That was done by the government in the past, not by our tax department. The reason why the tax department sued is that they don't want to use the tax police to investigate their unpaid taxes. If the deed is invalid, they can be forced to take the initiative to pay the tax to the tax department. If the tax police find out that they use the white deed to evade taxes, they can only act according to the law."

Fan Zhen immediately said: "Bai Qi is common among the people. Is it possible that your tax department has arrested all these people?"

Chen Mingdao: "That's why we hope that the imperial court will support us and not go to this point, but collecting taxes is the sole responsibility of our tax department. If we can't, we will definitely pursue them, no matter how many people we want .”

Looking at Chen Ming's paralyzed face, Lu Bangxing felt a little terrified.

This man is really too ruthless.

Fan Zhen fell silent.

If it comes to the tax law, the tax department has an absolute advantage, and Bai Qi is tax evasion. This is ironclad evidence!

In addition, many people do not go to the government to pay taxes, so you cannot prove whether the government will charge him 4% or you 12% after he has gone.

The government has to collect 12% before they can sue the government for overcharging the deed tax.

Fan Zhen has also seen the tactics of the tax department. Even the rich and powerful in the capital can't stop it. Can the common people stop it?

This is horrible.

Su Zhe suddenly looked at Zhang Fei, "What does Judge Zhang think about this?"

Zhang Fei pretended to ponder for a while, "I think what Mr. Fan said is true. The government has political laws, and the people follow private contracts. This law cannot be broken. The imperial court cannot completely deny the legal effect of Bai Qi. Because the contract itself has legal effect, the white contract is bound to bind both parties to the contract, but this constraint may not be complete.

I agree with Tax Envoy Chen to solve this problem through the tax law. Tax evasion is definitely wrong, and the tax department should investigate, but there are problems with the government, and even the main responsible party. Now the right to collect taxes belongs to the tax department. It is also very inappropriate to count it all on the people.

If the tax department is willing to make certain concessions, our imperial court will also give the tax department support in the tax law. "

Chen Ming asked: "What does Judge Zhang say?"

Zhang Fei said: "First of all, the tax department must ensure that no additional fees other than the deed tax will be collected, otherwise, our imperial court will also severely punish it."

Chen Ming nodded and said: "Of course, our tax department will only collect taxes according to law."

Zhang Fei nodded with a smile, and said: "Secondly, for the existence of the Bai Qi, the government and the people are half and half responsible. The tax department inherits the power of the previous government, and it should be responsible for it and bear half of the responsibility.

So, if the tax department can decide to give Bai Qi the opportunity to pay the deed tax, but only need to pay 2% of the deed tax, so as to encourage the people to pay the deed tax instead of coercion, the whole process will take a period of time. One year, then one year later, if the tax department finds Baiqi tax evaders, our imperial court will give the tax department great support. "

This support means that if you catch it, I will sentence you.

But now, since this problem has existed for a long time, and the people also have difficulties, even if the tax department uses the tax law to file the lawsuit, the imperial court may not necessarily convict the other party.

But if you do this, and there are still people who evade taxes by using the white deed, as long as you catch him, I will convict him, and there is no need for a trial.

Without the support of the imperial court, the tax department is also very uncomfortable. Although the imperial court wants to talk about the law, there are tricks in it, and this lawsuit still has to be fought.

Chen Ming was very conflicted, and after a while, he finally said: "We can give the people the opportunity to be exempted from paying the deed tax, but our tax department has no right to make decisions about tax reduction and exemption. This needs to be discussed with the government."

They only have the right to collect taxes, but the tax collection policy is still in the hands of the government, and they cannot decide to exempt from taxes.

Zhang Fei nodded and smiled: "Of course, both of you should go back and think about it carefully. But if you disagree, then I can only make a judgment according to the law. The imperial court must admit that the Bai Qi has certain legal effects." , especially for the two parties who signed the contract, regardless of whether he has paid taxes or not. As for whether your tax department should pursue Bai Qi's tax evasion responsibility, your tax department can decide for itself, as long as it is not illegal."

Fan Zhen knew in his heart that Zhang Fei's words were actually meant for him.

If you don't compromise, then the tax department will really investigate, and you don't come to the imperial court to force me, I have done my best.

Judging from Fan Zhen's attitude in the lawsuit, he approves of Bai Qi, and he just hopes that the court will collect less tax.

But for Zhang Fei, if you have the ability, you can practice the law. If you can't practice the law, the imperial court must respect the law.

Out of the inner hall, Fan Zhen saw that Su Che was silent, with a tangled brow, and said with a smile, "Ziyou, are you tangled up, do you want to remind the old man, this may be the emperor's court and the Taxation Department's singing." Get a play."

Su Zhe was surprised and said: "Xue Fan has already seen it."

Fan Zhen nodded and said: "Didn't they do that when the exemption tax was implemented in the capital? It's just that Zhang San was not the president of the judge at that time, so he never thought that even within this rule, he could find out some In terms of rhetoric, you can't find any problems. This person's methods are really too powerful."

Su Zhe asked: "How does Bachelor Fan plan to deal with it?"

Fan Zhen smiled wryly and said, "Now I'm just an ear pen hired by others. It depends on the attitude of my client. Let's see how they persuade the government first."

He knew very well in his heart that although his clients were some ordinary people, behind them were those big landlords, big gentry, and those officials.

If the tax department cannot convince officials, then his client will not agree to a settlement.

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