Judge of the Song Dynasty Chapter 667: Exceptions are not destruction

Chapter 667: Making exceptions is not destruction

After Li Ming gave birth, controversies arose one after another outside the hospital. Obviously Li Mingsheng’s confession was beneficial to the Liu Qin family. Some people felt that Liu Qin was wrongly blamed, but most people still insisted on their opinions. , which caused some controversy.

Zhang Fei didn't pay much attention to this. To him, who came from the Internet, this was really just a small scene. Another witness was immediately called, who was Yang Hu, a peasant woman from Ruixiang Township.

"Ms. Yang Hu, do you know about the adultery case in Liuyun Temple?"

"Know."

Mother Yang Hu nodded and said to herself without waiting for Zhang Fei to ask: "I knew that woman was not a good wife and mother, but I didn't expect that she would be so despicable as to seduce a monk. Hey, such a shameless woman is really rare."

Zhang Fei asked: "According to the confession you provided to the royal police, the convict Liu Qinshi once seduced your husband?"

"Yes, yes, it's really embarrassing to say it."

Mr. Yang Hu shook his head.

Zhang Fei asked: "But you saw it with your own eyes?"

Mr. Yang Hu shook her head and said: "I didn't see it. It was Mrs. Chen at the entrance of the village who saw it with her own eyes. I squatted at the entrance of the village for three days and didn't touch her. Otherwise, I would have to teach her a lesson. Pause. Now that I think about it, I guess that **** only went out at night."

Zhang Fei asked: "Have you asked your husband to confirm this matter?"

Mr. Yang Hu said: "Why didn't I? At first, the man in my family refused to admit it. Later, I told him that Mrs. Chen had seen it with her own eyes, and he admitted it personally. When he came back from farm work that day, he happened to meet the prostitute. Then The **** winks at my man, it’s really disgusting.”

"Thank you for appearing in court and testifying."

Zhang Fei smiled and nodded.

Ms. Yang Hu said earnestly: "Zhang Dayerbi, I have heard of your reputation. You should not harm your reputation because of this prostitute."

Zhang Fei smiled and said: "Thank you, auntie, for reminding me. I will pay attention to it."

Next, Zhang Fei directly passed the news to Yang Hu’s husband, Yang Dahe.

"Uncle Yang, you should have heard your wife's confession just now."

"Yeah."

Yang Dahe nodded.

Zhang Fei asked again: "Then can you tell me about the situation at that time."

Yang Dahe said: "I was doing farm work and happened to meet Mrs. Liu Qin. There was a difference between men and women, so I planned to stay away. Unexpectedly, Mrs. Liu Qin smiled at me. I was stunned for a moment. Leave now."

Wang Anshi and Lu Huiqing were dumbfounded.

At your age, with your face full of wrinkles, and as an ordinary farmer, would Mr. Liu Qin even wink at you?

This.!

I can’t believe it!

Zhang Fei asked again: "Did you see Mrs. Chen at that time?"

Yang Dahe said: "Yes. Mrs. Chen was catching chickens in front of her house."

Zhang Fei nodded and said: "Thank you, I have no problem."

Yang Dahe blinked, "Are you done with this question?"

Zhang Fei said: "If there are any problems, I will send you to court again."

Yang Dahe scratched his head and quickly stood up and left.

Zhang Fei also summoned the key witness Chen Po to appear in court.

This Mrs. Chen is in her fifties. She is stooped and walking slowly on the court. After sitting down, her eyes look left and right, as if she thinks everyone is a bad person.

Zhang Fei raised his voice and said: "Mr. Chen, I asked you to appear in court today mainly for the Liuyun Temple adultery case. It is said that you saw the convict Liu Qinshi winking at Yang Dahe in the village?"

Po Chen nodded and said, "Yes, I saw it with my own eyes."

Zhang Fei said: "But do you still remember what you were doing at that time."

Po Chen said: "I'm chasing the chickens."

"Where to catch the chickens?"

"Right in front of my house."

"Uh."

Zhang Fei lowered his head and glanced at the copy, "According to the information provided by the police station, your door is about fifteen steps away from the village entrance."

Po Chen thought for a moment, "Yes."

Zhang Fei suddenly took out a wooden sign, about the same size as a human face, with a sad crying face painted on it, "Did Liu Qin wink at Yang Dahe just like in the painting?"

Po Chen squinted her eyes, looked carefully, and then nodded, "Yes, yes, that's it."

Zhang Fei put down the wooden sign and said with a smile: "Thank you, Mrs. Chen, I have no problem."

Po Chen said in surprise: "That's the end of the question."

"Haha!"

A burst of laughter suddenly came from the surrounding area.

Po Chen looked around and asked, "What's going on?"

Zhang Fei said: "It's okay. Thank you Mrs. Chen for being able to testify in court."

The laughter got even louder.

The distance between Fei and her is only five steps, which you can’t see clearly. Can you clearly see Liu Qin’s wink?

Everyone has long been accustomed to Zhang Fei's methods, and they can react quickly.

Zhao Bian also shook his head helplessly.

But this is not unexpected. Living in Bianjing, this kind of situation happens almost every day.

Next, Zhang Fei passed on a young farmer named Dongsheng.

"Dongsheng, do you know about the adultery case in Liuyun Temple?"

"Know."

"Then do you know the convict's wife in this case, Mrs. Liu Qin?"

"I know this woman, but I haven't said a word to her."

"Have you seen it before?"

"I met once."

"Where?"

"It was right at the entrance of the village. That afternoon, when I came back from cutting firewood in the mountains, I happened to see Mrs. Liu Qin coming back from outside."

"Besides Liu Qin, is there anyone else?"

"Yes, Uncle Yang from the village."

"Yang Dahe?"

"Yeah."

"Didn't they see you?"

"Probably not, because I was on the **** at the time. Besides, Uncle Yang was staring at the young lady, so how could he notice me."

"Is the young lady from the Liu Qin family?"

"Yes."

"Can you elaborate more."

"At that time, Uncle Yang arrived at the entrance of the village first. Later, when he saw Mrs. Liu Qin approaching, he stopped and kept staring at her. She was so scared that Mrs. Liu Qin hurried away."

"Why didn't you say it before?"

"I said it, but I was scolded so badly by Aunt Yang and Granny Chen. I can't afford to offend them, so I don't dare to say it again."

"Thank you!"

Next, Zhang Fei invited several villagers who had assisted the Royal Police in the investigation, but they all followed the same advice. They really couldn't even talk about catching the wind, and they went to court to testify, which made everyone laugh and cry.

However, this did not arouse much sympathy. In fact, this kind of thing is really common. Don't those scholar-bureaucrats know that those are rumors and may not be true.

The key point is that Liu Qin still committed adultery with a monk. In any dynasty, this would be an immoral thing and would not be tolerated by the world.

Unless Zhang Fei can find conclusive evidence to prove that the two of them did not commit adultery, this will not mean anything.

After questioning these villagers, Zhang Fei finally summoned Miao Kong, one of the protagonists, to appear in court.

He is a middle-aged man in his thirties with thick eyebrows and big eyes. He is wearing prison clothes and has long hair. It is impossible to tell that he is a monk. It is impossible for the imperial court to shave his head and let him appear in court. If that were the case, all the monks in the capital would live in government offices. Are you sincerely disgusting our Buddhist disciples?

Who doesn’t have a black sheep?

His appearance also attracted waves of yelling and scolding. Looking at the man's thick black hair, why did he curse the bald donkey to death? Zhang Fei was speechless and could only fiddle with the copywriting on the table. This is the fun without Xu Zhiqian, not even a chat.

I don’t know whether Zhao Bian did it on purpose or not. He allowed the people to scold him for a while before he stopped.

After the audience calmed down, Zhang Fei stood up and said, "Miaokong, do you know the Liu Qin family of Ruixiang Township?"

Miaokong nodded: "I know."

Zhang Fei asked: "What is your relationship with her?"

Miaokong glanced at Zhang Fei, lowered his head, and whispered: "My lover."

"Adulterer and adulteress."

A person outside the hospital roared.

Soon, the audience started to curse again, and the curse was very unpleasant.

"Quiet!"

Zhao Pian didn't wait any longer this time and banged the gavel. The two court guards immediately raised the wooden sign of silence.

In this way, the shouting and cursing outside the hospital gradually became quiet.

Zhang Fei then continued to ask: "Can you tell me how you met Liu Qin and how they got involved?"

Miao Kong immediately said: "About seven or eight months ago, when I was patrolling the temple, I found a woman, Mrs. Liu Qin, hiding in a corner crying. I kindly stepped forward and asked What trouble did she encounter?

She told me that she had borrowed some money to help her husband get a good name, but now she couldn't afford it, and she didn't know how to talk to her husband.

I saw that she was really pitiful, so I promised to help her find a solution, so I took her to the wing. Unexpectedly, as soon as I arrived in the wing, she took the initiative to fall into my arms and cry.

I really didn’t know what to do at the time, but I didn’t do anything frivolous. Later, when I learned about her family’s difficulties, I took the initiative to give her some money to pay off the debt, and said that if her husband If you are a real scholar, I can think of a way to help him find a job instead of borrowing money from outside. Those loan sharks are all eating people without spitting out their bones. ”

Zhang Fei said: "You mean, without asking for anything in return, you gave her some money and promised to help her husband find a job."

Miaokong nodded: "Yes."

Zhang Fei asked: "Why?"

Miaokong said: "I often help others, which is nothing to me. If you don't believe it, you can ask about my daily life. I have helped many people, and None of them asked for anything in return."

Zhang Fei nodded and asked, "How did you get involved with Liu Qin after that?"

Miao Kong said: "It's a coincidence that Mr. Li is helping his son find a teacher, so I will introduce Mr. Liu Qin's husband to Mr. Li.

Later, Mrs. Liu Qin came to the temple to thank me, and said that she had nothing to repay but could only offer herself to me. At that time, she hugged me tightly and looked at her pitiful look. Hold it back, just..., I know I committed a crime, but I still wanted to help her at first.

You can ask Liu Qin about this. I really didn’t force her. She took the initiative to find me. Before we had a relationship, I had already given her money to pay off the debt and helped her husband find a job. Damn, I was just doing this with good intentions, but I didn’t expect it to lead to such a sin. I really feel ashamed of Master’s teachings. ”

Zhang Fei said: "But just now Li Yuanwai said that you are not that abiding by the rules and regulations."

Miaokong immediately said: "Because I am a semi-monk, I have not gotten rid of some bad habits. I occasionally go to Li's wife's house to drink some wine and eat some meat, but that's it. I have not committed any other crimes."

Zhang Fei asked: "So, this is the first time you have broken the **** warning?"

Miaokong hesitated, "Two years ago, I broke it once."

Zhang Fei asked: "So including this time, there are only two times."

Miao Kong nodded.

Zhang Fei asked: "Then do you know a woman from Honggu?"

Miaokong's expression suddenly changed, and his eyes swayed a few times, "I don't really remember."

Zhang Fei smiled and said: "But she remembers you."

As he said that, he said to Zhao Bian: "President, I want to summon witness Hong Gu to appear in court to testify."

Zhao Bian said: "Pass!"

After a while, a woman wearing a veil came to the court and sat on the witness stand.

Miaokong glanced at the woman, her expression slightly panicked, and there was a hint of viciousness in her eyes.

Zhang Fei asked: "Aunt Hong, what do you do?"

Honggu replied: "If you are an official, I am a singing girl."

Zhang Fei said: "Then do you know the person opposite."

Hong Gu glanced at Miaokong and said, "I know you. Master Miaokong from Liuyun Temple."

"Bah!"

"What a master, he is clearly a thief."

Zhang Fei glanced outside the hospital, and then continued to ask Hong Gu: "Then how did you know him?"

Gu Hong hesitated for a while, then replied in a low voice: "He is my regular customer."

Zhang Fei said: "What exactly does a regular customer mean?"

I don’t know which **** yelled, “It’s just a prostitute, don’t you know that?”

The whole room burst into laughter.

Zhang Fei Xunsheng took a look, his eyes were full of helplessness, and he thought, you know, why don't you just ask? What a mess.

Zhao Bian had no choice but to scold him sternly at this shouting.

In this way, the audience outside did not dare to continue to act recklessly.

Zhang Fei could only ask another question, "Did Miaokong have **** with you?"

Gu Hong nodded.

Zhang Fei said: "Do you need to spend money before having sex?"

Gu Hong nodded again.

Sima Guang and the others shook their heads when they heard this. How could you ask such a question in broad daylight?

There is really no need to ask so seriously.

I understand everything!

But most people don't think so. They hope Zhang Fei can ask for more details. Isn't your Zhang Darer pen famous for its "thinness"?

Zhang Fei didn't realize there was any problem at all, "Then how do you usually conduct transactions?"

Hong Gu said: "Sometimes he would call me to have a tryst in the vegetable garden behind Liuyun Temple, and sometimes he would secretly come to my house in the middle of the night."

"You are talking nonsense, you have wronged me."

Miao Kong stood up anxiously.

Suddenly two court police officers came forward and pressed Miaokong down.

Zhao Pian stopped and said: "If the prisoner interrupts the witness's testimony again, the president of this court will punish you for contempt of the imperial court."

Miaokong was immediately frightened.

Aunt Hong went to court to testify for the first time, but she didn't understand. She said directly: "I have not wronged anyone. Miaokong has three scars on his back and a birthmark on his left buttock. I know it all clearly."

This is really exciting.

Many spectators started to boo.

In fact, they did not regard Miao Kong as a good person. No one was surprised by the monk's behavior. This was not something special.

The scholar-bureaucrats kept shaking their heads, this is really a declining world!

Zhang Fei asked again: "How often do you usually trade?"

Hong Gu said: "That's not necessarily true. If he doesn't have a lover, he'll probably come to see me twice a month. If he has a lover, it might be three or four months apart."

"Lover?"

Zhang Fei said: "This lover refers to."

Hong Gu said: "He often finds some good-looking women in the temple who are in trouble, and then helps those women, and then asks them to be his lovers."

As soon as this statement came out, it immediately caused an uproar.

It was only then that everyone realized that this was a routine!

Zhang Fei asked: "How did you know?"

Hong Gu said: "Because. Once or twice, it was inconvenient for him to come forward, so he asked me to send a message to his lover."

Zhang Fei asked: "Do you know how many lovers he has had?"

Hong Gu said: "I only know four."

Zhang Fei said: "Can we include the Liu Qin family in this case?"

Gu Hong nodded, "Including, he also likes this Liu Qin family, so he only came to see me twice in the past six months."

"Thank you for being able to testify."

Zhang Fei said to Zhao Bian again: "Our procuratorate has found some women who have also been tempted by Miao Kong, but we think they are poor people and should not disturb them anymore."

Zhao Pian nodded, looked at Miaokong and said: "Prisoner, what else do you have to say."

Miaokong was silent for a while, then suddenly looked at Zhang Fei, "Prosecutor Zhang."

Zhang Fei looked at him with a smile.

Miaokong said: "I didn't force them, it was all of their own free will, right?"

Zhang Fei nodded and said: "According to the evidence we have, you did not force anyone, and the other party was voluntary."

Miaokong said again: "I didn't deceive them, and I really helped them, right?"

Zhang Fei nodded, "That's right."

Miaokong said: "Then I have nothing to say."

"I don't have anything to ask." Zhang Fei said to Zhao Bian again: "I don't have any questions, and I don't have a certificate!?

As soon as these words came out, everyone was stunned.

That's it?

You want to make a comeback?

If you ask so many questions, you might as well ask Miaokong the other two questions. This is definitely the crime of adultery.

You also said, you just want to play the sympathy card?

The key is, Liu Qin has not appeared in court yet!

We have been waiting.

Zhao Pian was also a little confused about this, but he ordered the court police to take the prisoner and witnesses down, and then asked Zhang Fei: "Although there are some hidden things in this case, what is the relationship between Liu Qin and Miao?" It is also true that Kong committed adultery, and there is no problem with the verdict of the Xiangfu County Imperial Court."

Zhang Fei replied: "Our procuratorate has never denied the fact that they committed adultery. Our procuratorate only believes that the Xiangfu County Imperial Court should still abide by the principle of adultery being followed by the husband, so we appealed."

Zhao Bian said: "The judgment of the Xiangfu County Imperial Court did not abide by the principle of arresting an adulterer after his husband. However, the president of this court also very much agrees with the explanation of this by the Xiangfu County Imperial Court, because this is not a case where someone went to the imperial court to sue. They committed adultery, but some Buddhist scholars discovered their adultery in the temple, and then reported it to the imperial court. It is impossible for the imperial court of Xiangfu County to ignore such an immoral thing."

The people sitting in the courtyard nodded frequently.

How bad this influence is, and it has already caused such a big fuss. Doesn’t the imperial court care about it?

Zhang Fei said: "Sima Xueshi's explanation of an adulterer following his husband's arrest is very accurate. I will borrow it here. If the matter is ambiguous, the adulterer will not be punished because the husband accuses him. If he leaves without his consent, he will be accused. The door will become the prison of Luo Zhi."

Zhao Bian said: "But no one was wronged in this case."

Zhang Fei said: "Yes."

“Who has been wronged?”

"It's Liu Qing and his wife."

Zhang Fei said: "The confessions of the witnesses just now have shown that after the verdict of this case, both Liu Qing and Liu Qin suffered huge criticism.

Liu Qin did not seduce Yang Dahe, nor did she seduce Li Mingsheng, nor was she a licentious woman. She could do whatever she wanted, but she had to suffer this unjust injustice and be reviled.

There is also Liu Qing. He knows that his wife is not what the rumors say. He knows that there is a misunderstanding, so he tries hard to prove it to his wife, but what is the result? ”

Having said this, he picked up some newspapers and periodicals, "These were all articles published on the case at that time, ridiculing Liu Qing as a loser, and even questioned him for letting his wife seduce Miaokong in order to survive. And Liu Qin She is even portrayed as a **** who can do anything for anyone."

He put down the newspaper and continued: "For Liu Qing, let alone fame, even livelihood is a problem, and his relatives and friends have severed ties with him. He may be trapped in it for the rest of his life, and this is not Is this the Luo Zhi Unjust Prison mentioned in the principle of arresting an adulterer?"

Zhao Bian said: "This is caused by Liu Qin's own misconduct."

Zhang Fei shook his head and said: "No, from a judicial point of view, this is caused by the government's wrong judgment."

Zhao Bian questioned: "Is it possible to avoid all this based on the principle of arresting adulterers? I don't think so!"

Zhang Fei smiled and said: "I'm not talking about whether all this can be avoided."

Zhao Bian asked: "Then what are you referring to?"

"Protect this."

Zhang Fei said: "The purpose of this principle is to worry about Luo Zhi being imprisoned unjustly, so we established this principle to give husbands and wives the right to protect themselves. Perhaps some rumors cannot be avoided, and the same thing may happen. But this is no reason to take away this power.

In this case, Liu Qing completely lost the power to protect himself and his wife. He could only bear it silently, but he should have had this power, which was given by the law.

In every explanation given by the Xiangfu County Imperial Court on this case, they did not explain the reasons for depriving Liu Qing of his right to protect himself and his wife. He only explained the reasons for punishing Liu Qin.

As a result, this verdict not only punished Liu Qin's family, but also destroyed the family, which was exactly what the traitor to the husband wanted to protect. ”

Having said this, he looked around and said loudly: "I hope everyone can understand that this is an appeal about judicial regulations, not an appeal to redress someone's injustice.

Can the president make an exception when encountering certain special circumstances? This is okay, but must be used with caution and under supervision.

The key point is that making an exception must follow at least one principle, that is, your making an exception must be to protect the content of the law. To put it simply, when there are loopholes in the existing legal regulations and the content that needs to be defended cannot be defended, an exception is made as a last resort. ”

Zhao Pian nodded slightly, thoughtfully.

I heard Zhang Fei continue to say: "When I was the president of the Grand Court in Hezhong Prefecture, because I had the power to decide cases, I gave some principles and explanations. Of course, I also explained this in the Legislative Council. But everyone You can take a closer look. The principles and explanations I gave are all what I need to defend the original regulations. I am just improving or supplementing them, but there is no core demand to change the regulations."

Having said this, he took out a piece of copywriting and looked down at it, "Let's go back to this case again. The Xiangfu County Imperial Court's exceptional judgment was about arresting adulterers and following their husbands, but the case of Liu Qing and his wife was Judging from the experience, Xiangfu County’s judgment did not care about the content of this principle to be defended. His explanation was to protect something else.

This is not called an exception, but is called destruction. If this verdict is implemented, it will be equivalent to completely abolishing the principle of arresting an adulterer after his husband. This is something our procuratorate will never accept, because the Xiangfu County Imperial Court does not have this ability. Only the Legislative Council can do this. ”

Wang Gong and Qi Ji looked at Zhang Fei at the same time, and saw the Erbi at close range. It was different!

In fact, there is no specific principle for making exceptions, but you can't be wrong when he says this. If making an exception is not to defend the content of this case, it will be equivalent to directly abolishing the entire regulation.

My judgment is above the regulations.

The emperor would not dare to do this.

Wang Anshi chuckled and said: "This explanation is really insightful. This kid has won again."

Lu Huiqing said: "He is trying to draw fire from under the cauldron. Since the fact of adultery cannot be changed, then as long as we defend this principle, this sentence will not count."

Wang Anshi smiled and said: "That's because he is now a prosecutor. If he were still an Erbi, I believe he could win without this trick."

"That's it."

Sima Guang suddenly realized, "No wonder he has been making a fuss about those rumors and Liu Qing's experience. It turns out that his lawsuit is all based on this principle."

Liu Shu asked: "So, he won again?"

Sima Guang nodded and said: "Only the Legislative Council can repeal a law. The president of the court cannot have this power, so of course it cannot be counted."

Qi Hui on the side heard this clearly, but he still felt dissatisfied and suddenly stood up, "Why doesn't Prosecutor Zhang mention the law?"

Sima Guang wanted to stop him, but unfortunately it was too late.

In fact, he noticed early on that Zhang Fei never mentioned Qi Hui. He always emphasized the imperial court of Xiangfu County, and obviously still did not want to bring too much negative impact to Qi Hui.

But if you Qi Hui took the initiative to stand up, Zhang Fei couldn't protect you even if he wanted to.

Zhang Fei turned his head and glanced at him, with a flash of helplessness in his eyes, and replied calmly: "Because I think it may not be fair to President Qi to mention the method of legal system. After all, President Qi may not be proficient in it. The use of legal methods."

Qi Hui smiled and said: "But I thought Prosecutor Zhang was avoiding the important and taking the easy."

Zhang Fei asked: "President Qi might as well speak frankly."

Qi Huidao: "Prosecutor Zhang just said it right. His exceptional judgment is to defend something else, and this something else is etiquette. This belongs to the interests of the country and the monarch. Shouldn't it be given priority? ”