Judge of the Song Dynasty Chapter 138: Introduction to breaking the law

After explaining the matter, Zhang Fei and Xu Zhiqian went home. As for the celebration banquet, he can eat the ear pens by himself, and he can just pay the bill.

For Zhang Fei, now is not the time to celebrate.

The first thing to do when you get home is to discuss with Xu Zun.

"Introduction to break the law?"

Xu Zun was also slightly surprised.

Zhang Fei has been mentioning that he wants to use this to legislate before. At that time, he was also very curious about how the person with your ears would legislate.

But he never imagined that Zhang Fei was trying to break the law by citing the law.

"Yes." Zhang Fei nodded and said, "I don't know what benefactor thinks?"

Xu Zun stroked his beard, thought for a while, and said: "Actually, there have been cases of introducing laws to break the law since ancient times, such as Qin's "Ting Xingshi" and Han's "Comparison of Decisions". , although this has the advantage of being cheap, it also hides the source of disaster.

For example, in the late Han Dynasty, there were quite a few female officials who cleverly used examples to judge the case, played tricks, deceived the superior and concealed the truth, embezzled and accepted bribes, and cited heavy cases for minor crimes, or light cases for serious crimes. Some regulations were not quoted, and there were no examples, which caused the entire legal system to collapse at that time. Therefore, the regulations were once abolished in the Tang Dynasty. Although our dynasty had them, they were used with caution. "

The implication is that it is still not in favor of breaking the law by citing laws and regulations.

Because of the comparison of decisions in the Han Dynasty, there was a big problem, that is, there were too many precedents, resulting in different precedents for the same type of eucalyptus.

This gives corrupt officials many opportunities.

When the money is in place, we will cite lighter precedents.

If you don't give it, you will get it to death.

Many eucalyptus are not bad, how can the common people understand.

Although there were laws and regulations in the Song Dynasty, the rules were rarely used, and amnesties were generally used.

This amnesty refers to the emperor's instructions on the case, which will be sorted out by the Dali Temple and the Ministry of Punishment to form an amnesty order, and then promulgated to the world.

Compared to the example, this amnesty has great limitations, because it must be ordered by the emperor himself, and there are not many in a year.

Zhang Fei nodded and said: "The words of Mr. En are reasonable, but everything has advantages and disadvantages, and the law is the same. I think that in the current situation in our country, if we can introduce an example to break the law, the advantages far outweigh the disadvantages!"

Xu Zun asked: "How do you say that?"

Zhang Fei said: "The biggest advantage of introducing laws and breaking the law is that it can make the law full of vitality and keep pace with the times. Have you ever thought about why piracy became a problem in our dynasty, not in the Tang Dynasty, or Han Dynasty."

Xu Zhiqian said: "Maybe it's because I have greatly improved my printing skills."

"Be confident and remove maybe."

Zhang Fei said again: "With the improvement of technology, the convenience of transportation, and the vitality of commodities, a large number of new problems will arise. It is difficult for the imperial court to formulate a large number of laws and regulations to deal with these new problems in a short period of time. , if at this time, the law can be cited to facilitate the governance and development of the country.”

Xu Zun asked: "Although what you said is reasonable, how can we eliminate its disadvantages?"

Zhang Fei said: "I have also studied the Han Dynasty's decision-making ratio. There are two main reasons for this. First, the Han Dynasty's guidelines were corrupted. Under this premise, no matter whether the law is broken or not, the laws and regulations will be corrupted.

Secondly, there were too many "ratio" later. @重量/书阁*First release update~~ We can learn lessons and formulate regulations carefully. For example, any regulations need to be reviewed by Dali Temple, the Ministry of Criminal Justice, the Court of Justice, and even officials. Decided whether to promulgate, and can be revised every few years. "

Xu Zun frowned and said, "Even so, it may not be able to completely avoid the disadvantages."

Zhang Fei said: "What if it is combined with the judicial reform of Sima University?"

Xu Zhiqian opened her beautiful eyes, "You didn't plan it long ago, did you?"

Isn't Zhang Fei the main suggestion for judicial reform? Did she already think about it?

Xu Zun also looked at him suspiciously.

Zhang Fei did not deny it, "I have this consideration, and I happened to encounter this case again, so I thought why not follow the trend."

At this point, he paused for a while, and said: "In addition, it is not only the judicial reform. The reform of the Wang University scholar is already on the verge of coming out, and it may cause many new problems at that time. If the law can be cited to break the law, it will be able to make people feel better. I have enough resilience toward the legal system to deal with some problems brought about by the new law. (This chapter is not finished!)

Chapter One Hundred and Thirty-Eight Introduces Laws

Question. "

Xu Zun couldn't help frowning.

Indeed!

Wang Anshi's reform is imminent, if the judiciary lags behind, many problems may arise.

It's like this pirated printing, which cannot be judged.

It has to be stuffed under the crime of "making jackets, books and jackets".

Although there are some disadvantages in citing laws and breaking laws, most of the disadvantages may be avoided if we cooperate with judicial reform.

After thinking twice, Xu Zun nodded and said, "I'll mention it then and see how they react."

......

Actually, Zhang Fei’s suggestion of citing regulations to break the laws was not impulsive, but he had studied the laws of the Song Dynasty. Very simple, it is Wang Anshi's reform.

Wang Anshi's reform is comprehensive and has caused many judicial problems.

Ordinary legislation has a great lag, and Wang Anshi's reform is urgent, fast and violent.

In the end, you can only use the law to break the law.

However, because it was a forced act, it later became too much, which caused a lot of impact on the judicial system.

It can be seen that it is inevitable to quote laws and regulations.

Since it is inevitable, it is better to take the initiative.

This can also be more standardized.

Of course, this is very beneficial to the ear pen, and Zhang Fei can also use the case to file a lawsuit.

However, you have to create problems first. It is impossible to go to the court for no reason, clamoring to introduce laws and regulations, and no one will pay attention to you!

As Zhang Fei said, "change" is the most difficult thing in the world.

Changes will inevitably hurt many vested interests.

.....

The next day, afternoon.

Kaifeng Prefecture.

"Prefect, just now the Huang Tui officer of the right-hand man handed over a piece of paper."

Huang Gui reported.

Lv Gong, who had just had a lunch break, was still a little sleepy. Hearing this, he immediately cheered up, and asked a little surprised: "What is the big eucalyptus? The certificate from Huang Tuiguan How could it be handed over to the official?"

That is the lowest level of court, I am here at the highest level of court, leapfrog!

It's not a big eucalyptus, you can't do this!

Huang Gui explained: "This pleading paper was handed over to You Xiang Gong by Qiu Zhengwen, the ear-pen of Bianjing Law Firm."

As soon as Mr. Lu heard about this law firm, one head and two big, the recognition was too high, and he clicked his tongue: "They finally got back to normal, knowing that they ran to the right side of the public, why did they transfer to me again?" Here it comes, do they think that I, Mr. Lu, is Zhang San's special magistrate? It's really unreasonable."

He wanted to hide last time, but he didn't succeed in hiding. Today, the other party figured it out and stopped bothering him, so he turned to him.

Can he not be angry?

Huang Gui said embarrassingly: "The prefect calm down, because this pleading paper is related to the lawsuit that was fought yesterday, so they dare not make a judgment lightly, and the prefect can only decide."

Mr. Lu frowned when he heard that, "Where's the paper?"

Huang Gui quickly handed over the pleading paper.

After Lu Gong took it and read it, he immediately patted it on the table, "I know it's not that simple."

Huang Guidao: "Prefect, this crime is special, and Mr. Xiang has to treat it with caution, but Su Shi's case is exactly the same as this case. If Mr. Xiang sentenced him separately, I'm afraid it will affect the Kaifeng government. However, if the sentence is followed, it is estimated that all the booksellers in Bianjing will be sued, and almost all of the big booksellers have stolen Yan Xiang’s poetry collection.”

Lv Gong wrote with a sigh, "Not only that, but in Su Shi's case yesterday, I just made a judgment based on a special case, but if there are more such cases, I will use my judgment as an example and give the judgment." The verdict is obviously not in line with the penalty for the crime of making jackets, books, and jackets, so isn't this a case of breaking the law."

The lightest punishment for making jackets, books and jackets is sixty sticks. @重量/书阁·No mistake starting~~

However, yesterday's verdict was for this crime, but it temporarily pardoned the cane sentence, and at the same time sentenced the defendant to pay the plaintiff compensation.

There is no penalty for this crime.

Of course the magistrate has the power to make special judgments according to the actual situation.

If it's just a eucalyptus, so be it.

. (This chapter is not finished!)

Chapter One Hundred and Thirty-Eight Introduces Laws

But if everyone cites this particular judgment and gives the same judgment, it is clear that this precedent takes precedence over the legal text.

It becomes a rule of thumb.

Huang Gui said with a sad face: "If you don't introduce regulations to break the law, I'm afraid it will cause more troubles. First of all, those booksellers will have to be punished with a rod. Moreover, these two cases are exactly the same. The prefect has given Judgment, if you give a different verdict, I'm afraid it will attract criticism."

"This brat!"

Lu Gong couldn't help gnashing his teeth with hatred, and suddenly, he frowned, "But why did he do this? Could it be that he deliberately made things difficult for me?"

Huang Guidao: "The lower officials heard just now that the contract signed between Su Shi and Zhang San stipulated that the compensation for this case would belong to Zhang San as a reward."

Lu Gong said: "That is to say, he wants to sell and sell printed books?"

Huang Gui nodded and said, "There is a possibility."

Lu Gong said furiously: "So he wants to use this official to get those bookstores for nothing."

"...!"

It was the first time for Huang Gui to encounter such a thing, and he didn't know what to say.

Lu Gongzhu suddenly felt that this matter had exceeded his scope of authority, and he could not make the decision himself, "I will go to Junshi and the others to discuss it first."

He went to the trial court to find Sima Guang that day, and discussed with him how to sentence this case.

Sima Guang thought yesterday that this matter is not so simple, he was still thinking about it just now, when he heard this matter, he knew that Zhang Fei was playing tricks again.

He didn't believe that Zhang Fei was just doing it for a few bookstores.

Sima Guang said that he had never encountered such a thing before, so he had to study it and let Lu Gong write it down first, and hold a meeting when the time comes to discuss it in detail.

After Duke Lu left, Sima Guang immediately invited Xu Zun.

After Xu Zun pretended to think about it, he said: "This case is based on the humble opinion of the officials, and the only way to break the law is to quote a law."

Introduction to breaking the law? It turned out that the boy wanted to use the law to break the law and intervene in the court's legislation.

Sima Guang reacted immediately, but he didn't show his face, and asked: "Xu Si is familiar with the laws of ancient and modern times, and he should also know that many problems will arise if the laws are broken. First update@"

Xu Zun immediately told Sima Guang what Zhang Fei said yesterday.

After hearing this, Sima Guang couldn't help frowning, yes! Then Wang Jiefu wants to change the law, he has changed the law, no matter how much I try to reform the judiciary, it is difficult to rely on the law to restrict him! The only way to counteract it is by breaking the law. .

Chapter One Hundred and Thirty-Eight Introduces Laws