Judge of the Song Dynasty Chapter 129: The source of the literal prison
Although Bianjing Law Firm reopened today, its desertedness is enough to break the opening record of any store.
Sima Guang is the only guest, the key point is that the old man is still a joke.
However.
The number one topic list today is still "Bianjing Law Firm".
Because the contrast is too great.
After Zhang Fei sought justice for historians, the Fan family bookstore was once full.
Everyone is looking forward to Fan's tax calculation business.
Because there are indeed too many tricks in this business tax, many government offices are changing ways to collect more taxes.
Especially for those small businessmen, they are too insecure. If they go down with their goods, if they are unlucky, they may lose everything.
As for the wealthy businessmen like Fan Yong and Chen Maoqian, they play in another way. What they consider is not fairness, but profit.
The higher the expectation, the greater the disappointment.
When the door was opened, he died on the spot.
As the third secretary of the Song Dynasty's most powerful office, he has too many means, even if it is not illegal, it can make your business impossible.
Because the imperial court is the largest merchant, the source of all bulk commodities is controlled by the imperial court.
Who dares not follow.
No solution!
However, this does not mean that the store will not be able to continue. If there is a grievance, Zhang Fei must be the first choice.
No one can replace this position.
However, for Zhang Fei, it is difficult to become bigger and stronger by purely litigating without other legal service support.
Any transaction must be extensive in order to make a lot of money.
Of course, the lawsuit is the most important thing. If you can't get justice, no one will come to you for legal services.
The two also complement each other.
Su Shi's lawsuit is definitely a sweet potato.
Now that Su Shi is very famous in Bianjing, his lawsuit will definitely attract the attention of many people.
Must be treated with caution.
Why Zhang Fei and Xu Zhiqian wanted to go home to study the case was not because they had a bed at home, but because the archives department of the law firm hadn't been built yet, and a large amount of information was still in Xu's house.
When the two returned home, they began to study immediately.
With the experience of last time, Xu Zhiqian is even more familiar this time.
Know how to research.
However, the current Song Dynasty's regulations on copyright are equivalent to no, all cases are controlled cases, and they are still related households, which can be said to be special cases.
Generally, they are officials or well-known scholar-bureaucrats, who are unhappy with some pirated editions, so they go to complain to the government.
After all, their status is here, and the government will usually send Yamen to have a look.
Just be polite and persuade me, don't print it, don't print it, don't flood it after printing it, and make fewer typos.
He smashed the printing plate without being polite.
Of course, it's more about taking the opportunity to ask for some money.
After leaving, people will take a copy of it, and those civil officials and scholar-bureaucrats can't care about it every day.
Su Shi is relatively cautious, as long as he sees it, he will complain.
But it's not even about security control, it's purely for saving face.
The two studied for a whole day, and came to the conclusion that if they want to reach the level of litigation in court, the theft law is the most suitable.
But this is not what Zhang Fei wants, nor is it what Su Shi wants.
If you just want to kill this Jijuxian bookstore, it is of course possible, but what Zhang Fei and Su Shi want is the copyright law.
There is still a big difference between the theft law and the copyright law. The two cannot be completely classified into the same category. Doing so will cause many legal problems.
The key point is that the definition of the theft law is too narrow, and it is difficult to fill in the content and give birth to a new law.
After a day of discussion between the two, there was no result.
On the morning of the second day, Xu Zhiqian came to Zhang's house again, and the old man Xu Zun who happened to be at home on vacation followed silently.
As a literati, I am also very interested in this lawsuit.
"I thought of someone last night, and he gave me a lot of inspiration."
Seeing their father and daughter, Zhang Fei said excitedly.
Xu Zhiqian hurriedly asked, "Who is it?"
"Song Jiang." Zhang Fei said excitedly.
"Song Jiang?"
Father and daughter looked at each other, their eyes were full of bewilderment.
Yes! Song Jiang may not have been born yet, my God, I'm so excited again.
Zhang Fei hurriedly said: "No matter who this Song Jiang is, the main reason is that I thought of a case that this Song Jiang wrote a poem. This poem quoted some ancient rebel figures, so the court sentenced him to break the law." .”
Xu Zhiqian said: "That should be a crime of treason."
Zhang Fei said: "But he just recited a poem, and he has no motive for treason. Can this also be used as a crime of treason?"
Xu Zun pondered and said: "If there is no motive and action, then you can't be convicted of treason, but you should be convicted of 'making a jacket, writing and talking'."
(Note: The coat is the same as the demon, also written, making demon books and demon words)
Zhang Fei was stunned, and hurriedly asked: "Grandfather, what kind of crime is this crime?"
Xu Zundao: "This crime belongs to the 'law of thieves' in the law of thieves and robbers. Amnesty makes a difference.”
An amnesty decree is similar to a decree, but most of them refer to the emperor's interpretation of the law. Generally, the emperor gives an explanation in the form of an imperial decree for a certain law, which is also a decree.
It can be seen that from a legislative perspective, the emperor is also higher than the law.
Of course, as far as the Song Dynasty system is concerned, the pardon is to be discussed with the ministers, and there are very strict procedures. It does not mean that the emperor can do whatever he wants.
When the Ayun case was tried before, Shenzong's holy ruling included a pardon for the surrender and commutation of sentence, because at that time the debate was whether Ayun was applicable to the surrender and commutation regulations, and the emperor's pardon expressed a meaning, Suitable.
However, it was rejected by the ministers.
Suitable for a fart!
Do you Zhao Xu understand the law?
Don't bb if you don't understand.
But usually the emperor's pardons are for the addition and subtraction of punishments, for example, one hundred rods or fifty rods. There are very few additions and explanations to the law.
It can be seen that Ayun has many special features.
Whether the emperor can fight for his own interests by interpreting the law? The answer is yes, but it is very difficult.
Zhang Fei hurriedly took a copy of "Song Xing Tong" and looked it up.
Xu Zhiqian also took a copy. She is actually not very familiar with this law, because it is used too rarely, and she has never encountered it before.
Even if she encounters it, she is not qualified to intervene. This is something that belongs to the emperor's control.
"Found it!"
Just listen to Zhang Fei read: "It is the same to pass on to confuse the public; to pass on is called rumor. To use is to use books. Those who are dissatisfied with the public will travel three thousand miles. Those who speak harmlessly, one stick One hundred. That is, private Zongshu, even if it is not useful, it will be used for two years; if the words are harmless, the stick will be sixty."
There are further discussions after that.
For example, how to convict the making of the jacket and the transmission of the jacket.
For another example, how many are the crowd.
Written clearly and clearly.
After reading it, Zhang Fei asked: "Can this crime be defined as the crime of anti-poetry?"
Xu Zun nodded and said: "Although this crime is mainly aimed at the words of ghosts and gods and the book of strange powers, if there are innuendo or fanciful words in the poem, it is also a case of confusing people with jacket words, and they can be investigated for crimes. /
The biggest difference between this and the crime of treason lies in whether there is any actual action, if there is, it is treason, if not, it is this crime. However, the crime carries a maximum penalty of death by hanging. "
In fact, the literary inquisition originated from this crime.
Zhang Fei asked: "Why is it a crime to deceive people with a jacket?"
Xu Zundao: "Naturally because this crime will endanger the country."
Zhang Fei asked again: "On the legal level, are the two causal?"
Xu Zun nodded and said, "Of course."
Zhang Fei smiled and nodded, "That's it."
Xu Zhiqian suddenly said: "Zhang San, don't you want to harm Mr. Su?"
Zhang Fei was stunned for a moment, "How do you say that?"
Xu Zhiqian said: "Didn't you talk about piracy before? Why did you talk about the crime of slander? If you beat him for this crime, wouldn't the defendant be Mr. Su?"
Although the collection of words was printed by Jijuxian, if the crime is based on the words of the jacket, the content must be punched, not pirated.
Zhang Fei's eyes lit up when he heard it: "This is a good idea. With Mr. Su's reputation, if he is also brought in, there will be enough gimmicks."
Thinking in my heart, should I let Su Shi experience this literary prison in advance, so as to teach him a lesson, and don't be blind in the future.
Xu Zun frowned, "What are you talking about?"
Zhang Fei hurriedly explained: "Don't blame my benefactor, I was just joking, I am not trying to harm anyone, I want to make a law, so the government and the people must pay enough attention to it."
Xu Zun said in surprise: "Legislation? Why do you legislate?"
Stupid!
You, a person with ear pens, want to legislate?
This is even more outrageous than the law of setting the tone of the ancestors. After all, it is just a fight for the right to interpret, and legislation must go through formal procedures.
Hey Zhang Fei said: "I have my own way."
Xu Zhiqian said: "If you want to sue Mr. Su, then I won't help you."
Zhang Fei said: "Don't worry, I will never do that."
Just at this time, Li Si shouted outside the door: "Third Brother, Third Brother, Madam and the others are back."
"They came back faster than I thought!"
Zhang Fei looked happy, and said to Xu Zhiqian: "Let's talk about it later."
After finishing speaking, Zhang Fei went out immediately.
But except for Shi Tingxiu, everyone else has returned.
"Why did you come back so soon?"
Zhang Fei asked with a smile.
Niu Beiqing, the black servant, squeezed forward, "We heard that our benefactor is in trouble, so we rushed back immediately. Erlang is not allowed to come here for the time being because he wants to keep his brother's filial piety."
"Difficulty?"
Zhang Fei was dumbfounded and wondered, why didn't I know that I was in trouble?
Feng Nanxi said: "We heard that Engong's new shop opened, and was excluded by the imperial court and colleagues."
Originally they planned to stay for three months, but when they heard about the tax calculation, they immediately rushed back to help.
"So it's because of this!"
Only did Zhang Fei come to his senses, and suddenly glanced at Gao Wenyin, but saw that the young woman was much haggard, her eyes were still a little red and swollen, she pondered a little, and said, "It's good if you come back, I'm short of manpower."
Niu Beiqing immediately said: "If you have anything to do with your benefactor, just tell me."
Zhang Fei smiled and said: "We are still planning, you go and rest first."
Speaking, he turned his head to look at Gao Wenyin, "Ma'am."
As if waking up from a dream, Gao Wenyin hastily saluted and said, "Wen Yin has seen her husband."
The word "Jun" is hardly heard.
Zhang Fei didn't care too much, and said: "I think Madam is also quite tired, let's go back to the room and rest first."
"Yes."
Gao Wenyin nodded slightly, then walked towards the backyard with a dull expression.
After she left, Zhang Fei complained to Feng Nanxi: "Is this how you take care of people?"
Feng Nanxi sighed: "To be honest, we are also very sad to see my sister-in-law like this. I wanted to let her come back earlier, but it was useless to persuade her. After hearing about this, my sister-in-law took the initiative Asked to come back."
Zhang Fei nodded his head lightly, thinking to himself, it is necessary to spend some time chatting with her.