Judge of the Song Dynasty Chapter 681: Rebellion case (final)

Chapter 681 The Case of Rebellion (End)

The reason why those officials were nervous about the crime of rebellion was because rebellion would involve many people, and it would involve many people. As for Luo Hai's personal safety, not many people actually care about it, because the Tax Department has conclusive evidence that they funded Wu Tian, ​​especially they killed many tax policemen. Even if it is not considered a crime of rebellion, it is probably a dead end!

But after Zhang Fei's reminder, Li Guozhong suddenly realized a very big loophole, that is, there was a very sharp contradiction between the public security system and the joint sitting system.

The public prosecutor's office only looks at evidence, but the joint sitting method looks at blood ties and interpersonal relationships.

It is impossible for the public prosecutor to bring all the parents and neighbors to court because there is no evidence to prove that they were all involved.

The royal court cannot convict a person who does not exist on the indictment.

In the old judicial system, because the official presided over the trial, there was no opponent in the court. The two divisions, Ji and Jian, only assisted, or a kind of division of labor. article, the presiding judge makes a judgment based on the two statements.

They have the power to include many people.

When it comes to the continuous sitting system, there must be innocence, but this innocence is actually recognized by the judiciary. When it comes to the crime of rebellion, it is better to kill a thousand people than let one person go.

But this is not allowed by the public security system.

The current systems of the Liaison Law and the Public Security Bureau cannot match.

If there is no large-scale implication, just kill these people. Li Guozhong and others will have achieved their goal!

However, Li Guozhong has not made any announcement for the time being, and this has to be left to the backend. If it is brought up during the trial, the Royal Court and the Procuratorate may make adjustments to the prosecution.

We have to wait until the verdict is reached before taking the next step.

However, many people have not realized this, including Wang Anshi and Sima Guang.

However, Wang Anshi absolutely supports heavy sentencing, because they are partly responsible for the chaos on Jingdong East Road. They can also use the same tactics to deal with his new policies. The Public Security Bureau is clearing the way for him. Of course he Willing to enjoy the results.

But Sima Guang, Wen Yanbo and others were deeply worried about this.

After the trial, Sima Guang, Wen Yanbo and others went to a small garden on the edge of the imperial city to rest. After all, the weather was very good these days and they didn't like to stay indoors.

Lv Gong wrote: "Judging from today's trial, the procuratorate won the case, which is already difficult to reverse. However, this time Zhang San seems to really have no intention of showing mercy. This is not like his style."

In the past, Zhang Sandu still had three points of leeway and would consider the overall situation. This is what they admired about Zhang Fei very much.

Wen Yanbo said thoughtfully: "In the past, Zhang Fei was just an Erbi, which can also be said to be a businessman. Businessmen naturally have three points of leeway in doing things, but now that Zhang San is an official, he should hope This case is used to further assert the authority of the Procuratorate and the Taxation Department. However, this is really ill-considered!"

Sima Guang asked: "Where did Duke Wen start from saying this?"

Wen Yanbo said: "At present, the Public Security Bureau has just been built on Jingdong East Road, and is still weak and unable to control the situation. Once those people are all convicted of rebellion, someone will secretly add fuel to the fire and pull more innocent people into it. This will lead to others being caught, and then all the responsibility will be placed on the public security organs, which will only outweigh the gains and losses."

Once a rebellion occurs, it may be uncontrollable. Is it really just Luo Hai and the others who collude with the bandits?

There must be more than that!

What is good at the top will be bad at the bottom.

The people below will definitely report it. In the process, many people will definitely add fuel to the flames, because this time there will be more and more opponents, so that the situation is completely out of control.

This is all a routine.

Sima Guang is familiar with history books, and he is very clear about this situation. Wen Yanbo is by no means alarmist. I couldn't help but sigh: "It's a pity that Zhang San is no longer an Erbi, but a prosecutor. According to the system, the prosecutor's office is independent, and I can't interfere."

Wen Yanbo glanced at Sima Guang sadly. In fact, he said these words to ask Sima Guang to intervene.

Fu Bi on the side frowned and said nothing, thinking, what did I overlook?

He also believes that if some innocent people are implicated in this case, it will definitely outweigh the gains and losses, and it will be extremely detrimental to the public prosecutor, but he believes that Zhang Fei will not do this, because Zhang Fei values ​​the public prosecutor and the law more than anyone else, but just Judging from the current case, Zhang Fei was trying to kill them and made it clear that he would not give the other party a way to survive.

Fu Bi thinks there must be a mystery in this.

But it was precisely because they limited their attention to Zhang Fei's operations and ignored the imperial court that made the final decision, that they did not understand it for a while.

We can only continue to wait for the follow-up, after all, the lawsuit has not yet been completed.

Over there, after Zhang Fei captured Wu Tian and Luo Hai, he immediately speeded up. Among the next thirty-two people, they were all in groups of four, because they were all similar to Luo Hai, but the goods they funded might be Different, some give money, some give grain, the amount is also different.

During these trials, Zhang Fei mainly emphasized the amount of funding they provided, because this was the biggest difference with Luo Hai.

As for Li Guozhong and others, they still did their best to emphasize the environment on Jingdong East Road at that time and the panic caused by the Qingmiao Law.

After five more trials, all 35 people charged by the procuratorate finally appeared in court.

Then comes the closing arguments.

First of all, of course, the prosecution makes its closing argument first.

Zhang Fei took a sip of tea, stood up, glanced at the copy, and said: "As for the first defendant Wu Tian, ​​I can only say that the crimes he committed are too numerous to describe.

Although the other party repeatedly tried to describe him as an ordinary robber, because in the legal provisions of "Song Xingtong", the crime of rebellion was attributed to the "Law of Thieves and Thieves".

However, "Song Xingtong" has a very clear explanation of rebellion and banditry.

In "Song Xingtong", the crime of rebellion is defined as seeking to endanger the country. Among them, "conspiracy" refers to "intentional". Only when you have a purpose and deliberately commit an act that harms the country and the monarch can it be defined as the crime of treason.

The crime of robbery relies on violence to rob other people's property. This behavior will certainly endanger national security, but its purpose is to possess other people's property, and the harm it causes is very, very small.

There are still obvious differences between the two.

As for the crime Wu Tian committed, his purpose was obviously not to possess other people's property. First of all, he had an unforgettable hatred for the court, the government, and the officials. He longed to overthrow the rule of the court and the government, and he took action, burning warehouses, robbing official silver, smuggling official knives, and coercing officials to do his bidding. From.

Secondly, in Liu Lian's confession, she once said that Wu Tian hoped to use her to do regular business. But it turned out that Wu Tian was using Liu Lian to bribe or blackmail officials to obtain some prohibited goods, such as official swords, war horses, bows and arrows, etc.

This is also the biggest difference between Wu Tian and ordinary bandits. He is not only seeking money, but also using money to expand his power, expand his interpersonal relationships, and even infiltrate and corrupt the government.

Finally, the other party argued that Wu Tian’s various actions were in response to the imperial decree. I don’t want to say more about this, because he has been arrested now and he has lost this qualification.

Based on the current evidence, it is enough to prove that Wu Tian had reasons, premeditation, and deliberately undermined the stability of the country. Therefore, I implore the imperial court to sentence Wu Tian for treason. ”

At this point, he paused for a moment, took another sip of tea, turned over a page of copy, and continued: "As for Luo Hai and the other thirty-three people, the current evidence is enough to prove that they funded Wu God, not only do you want to avoid taxes, but you also want to defend your own power and seek more power, including the power to compete with the imperial court.

Throughout history, anyone who supports those who rebel against thieves seeks power, a power that is not restricted by laws and systems.

To obtain this kind of power, the only way is to overthrow the existing system and laws, and systems and laws are the two main pillars supporting the country. This is definitely an attempt to endanger the country. Therefore, I implore the Chief Justice to convict them of assisting in rebellion. ”

After he finished his closing statement, Sima Guang, Wen Yanbo and others all looked at each other with worried expressions. At this point, Zhang Fei’s work has basically been completed, and everyone can clearly feel that Well, Zhang Fei just didn't intend to leave any room.

After a while, Li Lei stood up and said: "About Wu Tian, ​​about Luo Hai, and about all the defendants in this case, have they committed a crime? They are definitely guilty. Even if I am employed by them, I They have never denied the crimes they committed.

But it is not a crime of rebellion. I don’t think so. As prosecutor Zhang said, seeking to endanger the country must be a deliberate and purposeful act. But I don't think Wu Tian and Luo Hai deliberately undermined the stability of the country.

When you feel scared, panicked, and cornered, all you do is actually try to protect yourself. Take Wu Tian as an example. Why did he become a bandit? It was because he was bullied by officials, his family's land was taken away by the government, and his parents died as a result.

He can only turn into a bandit and rob for a living.

Why did he attack the tax police? Because it was the tax police who targeted him first. Why did he want to expand his power? Because he attacked the tax police and he was worried about retaliation.

Everything he did was to protect himself and survive. Although he was guilty, it was not rebellion. In addition, everyone should not ignore one point, that is, the environment at that time on Jingdong East Road. Not to mention the common people, many wealthy households were forced to lose their families and live in debt due to young people's money. Among them, common people attacked tax collectors. This is actually not much different from what Wu Tian did.

Luo Hai and others are good citizens. They would not attack officials or murder tax policemen, so before the crisis, they chose to support Wu Tian. Of course, this was a wrong choice, but they were also doing it out of self-preservation.

Therefore, I sincerely request the Chief Justice to sentence my client without any intention of treason. ”

After hearing this, Zhao Pian suddenly asked: "Defense, do you know the regulations on defense in our country?"

Li Lei was stunned for a moment, then said with a guilty conscience: "I know."

Zhao Bian added: "Then you should know that the defense regulations cannot be applied to harming innocent people?"

Li Lei was silent.

You are too reluctant to protect yourself. If you protect yourself, you will rob and kill people. If you protect yourself, you will burn the food.

Zhao Bian just pointed out this point and then announced: "Today's trial ends here. After the president of the court has reviewed all the evidence, he will select a date to open the court and pronounce the verdict."

Although there was no verdict in court, everyone present knew very well that the procuratorate already had victory in its pocket.

In the final analysis, the public prosecutor's office still prefers evidence, but judging from the closing arguments of both parties, the procuratorate has repeatedly emphasized evidence and conclusive evidence.

Li Lei emphasized environment and cause and effect, but during the process of asking for confession, he was unable to connect the two as a whole to form a necessary cause and effect relationship.

The Young Crops Law has caused unrest among the people, so you are going to deal with the Department of Taxation?

Maybe there is a certain relationship between the two, but this cannot be used as a basis in court.

I saw many dignitaries leaving the imperial court with gloomy expressions.

Sima Guang and the others saw it in their eyes and worried in their hearts.

After the imperial court makes a decision, it may be necessary to enter the traditional part of the officialdom, that is, the game between the king and his ministers.

At this time, there must be many powerful people speculating that the emperor is going to conduct a major purge.

The key is that the current internal situation in the Song Dynasty shows signs of this, mainly the conflicts caused by land annexation. To release the land, we must take action against these powerful people.

Because everyone knows very well that Luo Hai and the others have no intention of rebellion. Their counterattack, to a certain extent, represents the protection of their own power by the powerful class.

You want to kill Wu Tian and Luo Hai, which are actually acceptable to them, but if you want to commit rebellion, it means that you will take action against more people.

Although the procuratorate is independent, they believe that the procuratorate would not dare to do this without the emperor's connivance, and the emperor is above the tax department.

At the beginning, Sima Guang did not dare to reform the emperor's laws because he was worried that things would evolve to this point.

Because in this kind of game, nine times out of ten, it will end with the emperor's defeat. One of the important reasons is that the powerful people in the dynasty have already taken shape. They have enough people who can afford to lose, and you The emperor cannot afford to lose.

Originally, Sima Guang thought that he could slowly bring everything back to normal through judicial reform, but he did not expect that he would still have to face it after all!

But Sima Guang always adhered to his principles. Although he was anxious, he did not go to Zhang Fei for discussion.

In fact, you should not go to Zhang Fei, but Zhao Bian, but no one went to find him, because everyone knows that Zhao Bian is more selfless and selfless than Bao Zheng. If you want to discuss with him, you are just looking for scolding.

Three days later, the imperial court convened to pronounce the verdict.

The VIP seats were empty, with only a few people from Sima Guang sitting there to listen.

The verdict was almost as expected. Wu Tian and Liu Lian were convicted of rebellion, and thirty-three people including Luo Hai were positioned to assist in the rebellion.

Only five of them were not sentenced to death and were sentenced to two thousand miles of exile. The rest were all sentenced to death.

Only a wailing sound was heard from the prisoner's bench.

Except for Wu Tian and Liu Lian, everyone else was desperately crying out for injustice. They really didn't expect that the matter would reach this point.

They clearly underestimated the Tax Division.

This is not the first time that the Taxation Department has been underestimated, but everyone thinks that a powerful dragon cannot overpower a local snake, and Zhang Fei always left room for them before, and also brought some fantasies to them, and always wanted to give it a try, give it a try He died.

But some people watching the excitement outside the courtyard cheered. Of course they were happy to see these powerful people punished.

Li Guozhong and Li Lei looked at each other and breathed a sigh of relief.

Li Lei whispered: "Father, should we go say hello to each other?"

Li Guozhong said: "Forget it this time."

Over there, Zhang Fei was humming a little tune and sorting out the copywriting. Suddenly he saw that Wang Gong and Qi Ji were worried, so he said, "Why aren't you two happy after such a great victory?"

Qi Ji glanced at the empty VIP seats and couldn't help but said: "We have offended everyone this time."

Zhang Fei said with a smile: "Even if you don't offend me, you have already offended me. Why not be happy and accept it."

Wang Gong chuckled and said, "We are not as open-minded as Prosecutor Zhang."

Zhang Fei smiled and said: "This is not open-minded, but we have no choice. This is what the evidence shows. Are we supposed to bend the law for personal gain?"

Qi Ji said: "But it seems that no one can understand it, including Bachelor Sima and others."

As he spoke, his eyes glanced to the side.

Zhang Fei looked up and saw Sima Guang walking by. His resentful and confused eyes really looked like a resentful woman.

In response, Zhang Fei smiled and nodded.

This made Sima Guang even more confused.

Is this kid really floating?

If it is so easy to trial, where will the public prosecutor’s turn be?

Or does he have a countermeasure?

Li's Bookstore.

"This is your reward, you have worked hard."

A noble young master waved his hand with a very frustrated expression, and a servant behind him immediately brought a plate of silver to him.

Li Guozhong glanced at the money and said: "The lawsuit is not over yet, Mr. Xu, don't be busy paying."

Mr. Xu was stunned for a moment, "The lawsuit is over."

Li Guozhong said: "It will not be over until the imperial court's verdict is issued."

Mr. Xu frowned, "Is there still an opportunity?"

Li Guozhong said: "We will wait until the verdict is handed down."

Imperial Court.

"President, there is something wrong with this judgment."

The disloyal officer Liu Hao came to Zhao Bian to report.

Zhao Pian was stunned for a moment, "Is there something wrong with the verdict?"

Liu Hao nodded and said: "According to the law, relatives of Luo Hai and others must be sentenced, but the judgment of the chief judge is based on the prosecution's complaint. Can we write down all their relatives? Go in?"

Zhao Pian blinked, his mind a little confused, and suddenly asked: "How were rebellion cases done in the past?"

Liu Hao said: "In the past, he was also the main culprit, but the government agencies below will arrest all those related to him according to the law, and then punish him according to the law.

But there was no prosecution or defense before, so I didn’t know if I could do this. ”

"Yes!" Zhao Pian frowned and said: "If the imperial court can add prisoners at will, what does the procuratorate have to do and why do they need to be tried?"

Liu Hao said: "In my opinion, we can only ask the procuratorate to add another indictment, because this is the law."

Zhao Peng nodded slightly, "Go and invite Prosecutor Zhang here."

"Yes."

An hour later, Zhang Fei came to the imperial court.

"The lower official has met the Chief Justice."

"Prosecutor Zhang is exempt from courtesy."

Zhao Zhan raised his hand and asked Zhang Fei to sit down again, and then said: "I asked Prosecutor Zhang to come over today. I have urgent matters to discuss with Prosecutor Zhang."

Zhang Fei asked curiously: "I wonder what it is?"

Zhao Bian said: "According to the treason regulations, the principal and the accomplices' family members must be punished in accordance with the law. However, these people are not involved in your indictment, which makes it difficult for our imperial court to issue a verdict. Do you see if Add another indictment to include their relatives."

"Huh?"

Zhang Fei looked shocked and said: "I'm afraid this won't work. Our procuratorate prosecutes based on specific evidence, and we don't have evidence of those people's crimes. This should be the responsibility of the imperial court."

Zhao Pian immediately said: "But if the imperial court could add prisoners to the verdict at will, wouldn't it be chaos?"

Zhang Fei said: "If our procuratorate can prosecute at will, it will be chaos!"

Zhao Biancuo said in astonishment: "What should we do now?"

Zhang Fei asked: "I wonder how it was done before."

Zhao Bian said: "In cases like this in the past, either no one was arrested. If they were arrested, most of the time the whole family would be arrested together. Then the main culprit would be tried. If found guilty, everyone could be sentenced according to law, and even arrested. We will arrest more people depending on the size of the case, but according to the system of public prosecutors and law, it seems inappropriate to do so."

The imperial court did not control the judicial power. There was also the procuratorate and the police station below. Luo Hai's wife and children were not arrested, but were confined at home and their property was temporarily sealed.

Zhang Fei said sarcastically: "President, searching for legal provisions and making judgments in accordance with the law are all the functions of the imperial court. Our procuratorate is really beyond our power!"

Zhao Bian said: "But the evidence obtained by the imperial court so far all comes from your procuratorate. The imperial court does not know yet how many sons, daughters and concubines Na Luo Hai has. At present, the imperial court I don’t have the ability to investigate, so I don’t know who to include and who not to include. Shouldn’t this be investigated by your procuratorate?”

Zhang Fei said: "Our procuratorate can investigate, but the question is, will the imperial court recognize what we find?"

Zhao Bian said: "Why doesn't the imperial court recognize it?"

Zhang Fei immediately said: "But our procuratorate does not have any evidence. It only determines their relationship with Luo Hai. However, according to relevant laws, wives, concubines, children, brothers, sisters, servants, and neighbors can all be counted. ”

Zhao Bian stroked his beard and said: "This is inappropriate! Isn't it all your procuratorate's final decision?"

The imperial court also has to look at the evidence.

But this kind of thing often does not require evidence, only to find out the relationship.

Zhang Fei said: "Maybe the police department has the final say, because it is probably the police department who will investigate this matter."

This kind of thing is too easy to go wrong. If someone catches you, the prosecutor's office will not do such a stupid thing.

"No!"

Zhao Pian waved his hands and said: "You must not do this. If you do this, the case will not need to be tried at all. The reason why the public prosecutor's law is fair and impartial is that it emphasizes evidence, which can avoid most unjust cases. Doing so will definitely undermine the public prosecutor's law. system."

After a pause, he added: "You go back and think about it carefully first, I will also think about it carefully."

"Yes."

After the imperial court's verdict, everyone was already preparing for the second step. This was a done deal and there was no way around it.

However, the verdict has not yet been issued, which makes everyone very curious. Is it possible that Zhao Bian intends to ask the emperor for instructions?

This inquiry was made without asking the emperor for instructions.

Gradually, the news began to spread.

It turns out that the imperial court did not know how to write this judgment.

This is so funny!

The dignitaries in the DPRK were all confused. What was going on? When they inquired carefully, they suddenly became hopeful again. It turned out that they had restrained themselves!

This is a good thing.

Hurry up and get Li Guozhong and the others ready. As long as the verdict does not comply with the system of the Public Security Bureau, Procuratorate, and the Law, we will prosecute, because the Public Security Bureau, the Procuratorate, and the Law place great emphasis on the trial system.

Political Hall.

"That's it."

Wen Yanbo said with a smile: "I was wondering why Zhang San went out of his way and wanted to kill everyone. It turned out that he was hiding something here."

Lv Gongzhu asked: "Do you think this is a flaw left intentionally by Zhang San?"

Wen Yanbo nodded: "That must be the case."

Fu Bi shook his head and said: "It can't be said to be a flaw. There is indeed a big conflict between the public security system and the joint sitting law."

Sima Guang asked: "In this case, how to reconcile the conflict between the two?"

Fu Bi shook his head and said, "I don't have a clue either."

The palace.

“I didn’t expect that there would still be problems after we have already passed the final step.”

Lu Huiqing found it funny, "This is really incredible."

Wang Anshi said thoughtfully: "Maybe someone planned this."

Lu Huiqing was startled, "Zhang San?"

Wang Anshi nodded.

Lu Huiqing nodded and said: "This is really like Zhang San's style. He always handles things from beginning to end and will not let the situation get out of control."

"More than that."

Wang Anshi said: "He may also want to use this case to re-use the Public Security Law to define the continuous sitting system. In this way, more ministers will support the Public Security Law."