Judge of the Song Dynasty Chapter 185: Detour area

"Grandpa, you can be considered to be back. The Grand Master Wang has been waiting at home for a long time."

As soon as she got off the carriage, Feng Nanxi greeted her and said to Zhang Fei.

"I see."

Zhang Fei was not surprised by Wang Anshi's arrival.

Entering the hall, Zhang Fei salutes!

"That's it."

Wang Anshi waved his hand, he never cared about these red tapes, and asked again: "How is the situation?"

Zhang Fei smiled and said: "Everything is going smoothly so far. At least the left hall said they want to discuss it. Obviously they also realize that this lawsuit is related to their interests."

Wang Anshi nodded, and asked again: "Why did you only sue the Kaifeng county government, but not Wei Yushan to the court?"

Zhang Fei explained: "This is to solve a legal issue."

"What legal issue?"

"The law does not blame the public."

"Huh?"

Wang Anshi looked at Zhang Fei suspiciously.

Zhang Fei said: "As far as the current national situation is concerned, tax evasion like Wei Yushan's is very common. Not only those big landlords, but even ordinary people have tax evasion behaviors. If you are in court, face it directly. This question, the other party said, everyone is like this now, which will make us passive."

Wang Anshi said: "Isn't this what we expected?"

Why did he support Zhang Fei in this matter? He just wanted to make these big landlords pay taxes!

Just telling Kaifeng County will not achieve this goal.

Zhang Fei said: "If it is judged by the law, the imperial court will have to pursue the tax money of many, many people, and this will cause very serious conflicts, and it may even bite itself back."

Wang Anshi said: "But in this way, this lawsuit is only against Wang Hong?"

He supported Zhang Fei out of his own interests, and tax evasion should be the key to this case.

"Absolutely not, this is secondary."

"Really?"

Wang Anshi expressed doubts.

Zhang Fei did not answer but asked instead: "Dare to ask Grand Master Wang, if this matter goes to court, how can the Kaifeng county government be convicted?"

Wang Anshi pondered for a while, and seemed to understand a little bit.

Zhang Fei also explained: "To prove that the Kaifeng county government violated the law, we must first prove that the judgment of the Kaifeng county government is unfair and a deliberate cover-up.

How to prove this, the only way is to prove that Wei Yushan has indeed committed illegal activities, including tax evasion by Wei Yushan.

Because we package this kind of tax evasion as evidence to debate its authenticity and make it an objective fact instead of directly pursuing its legal responsibility, but if we win, Wei Yushan must be breaking the law. "

Wang Anshi nodded slightly, "I see."

Zhang Fei said: "The only way to solve the problem of the law not to blame the public is not the law, but the policy, which requires the reform of the law by the University of Wang."

He just played a trick and went back to the back of the restricted area of ​​the law to avoid the problem of the law not blaming the public, because this issue in the court is undoubtedly lost, and the only way to plug these loopholes is to rely on policies .

Wang Anshi frowned and said, "But I haven't formulated regulations in this regard yet, I'm afraid it will take some time, so I hope to use this lawsuit to deter those people."

Zhang Fei thought for a while, and said: "If it is said that politics and law are separated, some taxes can be recovered, and the situation of tax evasion can be alleviated."

Wang Anshi hurriedly said: "How do you say that?"

Zhang Fei said: "If politics and law are separated, the administration will lose its judicial power. For example, many big landlords evade taxes. They all have means. In other words, they are taking advantage of legal loopholes. Taxation requires evidence, so this is a judicial issue, and the administration has no power to judge the law, so it can sue individuals to recover taxes.

Although many people evade taxes, they have to be reported first, and the scope of attack is very limited. This is also a means of avoiding the law. Deter those big landlords. "

Wang Anshi glanced at Zhang Fei and said with a smile: "In this way, you will earn a lot of money."

Zhang Fei giggled guiltyly: "There are so many ear pens in Tokyo, you don't necessarily have to look for me."

Wang Anshi said with a half smile but not a smile: "You really have a good brain. After making such a big circle, you can not only take revenge on Wangzhi County, but also benefit from it."

Of course, this is just Zhang Fei's suggestion. It is easy to say, but it is not easy to operate.

For example, in this lawsuit that has not yet been determined, it is easy to talk about it on paper, but it is not so easy to operate.

As far as the current system is concerned, except for the Judgment Court, Dali Temple, Yushitai, Jianyuan, and Criminal Division, these judicial departments are directly under the emperor and are not subject to administrative constraints. The rest of the judicial departments are all Take orders from the Chief Executive.

The prefect is the highest judge in a state.

The magistrate is the highest judge in a county.

This has been the case since ancient times.

This involves the following offenses.

This is a taboo in officialdom.

If you don't pay attention, you will lose yourself.

As for Lu Jiawen daring to play like this, it was because he was an eighth-rank petty official, and this was already the lowest level, and he couldn't go down anywhere.

But Cen Yuanli and Yu Zaishen did not dare to be so casual.

It's not easy for them to reach this position!

But power, who doesn't want it.

They reported the matter to the provincial government as soon as possible, and at the same time spread the matter.

"It's still the prefect who has the foresight, but the board can't deter that kid."

Li Kai came to the hall and let out a long sigh.

Lu Gong said in surprise: "Who are you referring to?"

Li Kaidao: "Who else is there, isn't it Zhang San?"

Lu Gong immediately asked: "What did he do?"

Li Kaidao: "Just then a letter came from the left hall that Zhang San was hired by the Si Li Yuan to sue the Kaifeng County Government on behalf of the Si Li Yuan."

"?"

Lu Gong didn't seem to understand, he was stunned for a moment, and then asked: "The Siliyuan sued the county government?"

"Yes."

Li Kai nodded.

Lu Gong wrote and asked: "Can this be sued?"

Li Kai hesitated for a while, then shook his head: "I don't know either."

I haven't encountered it before!

This kid is really good.

If you want to sue, sue as soon as you want, every time it is so mysterious, are you arguing, or are you teaching us magistrates?

It's purely making things difficult!

It makes no sense.

Gong Lu took a deep breath and asked, "What crime did he accuse?"

"It's a crime."

Speaking, Li Kai handed the pleading paper to Lu Gong for writing.

Mr. Lu frowned when he heard this, "He wants to take revenge on Wang Zhixian!"

Li Kai nodded: "I think so too."

This is a crime against the judge.

This is also a very important legal thought, which also includes a complete judicial system.

There are four crimes in total, "the crime of entering a person", "the crime of committing a crime", "the crime of losing a person", and "the crime of losing a person".

Crime against man: Refers to the judge intentionally convicting an innocent person, or giving a heavy sentence to a person who has committed a misdemeanor.

Crime of man-inflicted crime: Refers to the judge deliberately acquitting a guilty person, or giving a light sentence.

Wang Hong directly rejected the conviction of the Si Liyuan, of course he can quote this article.

Crime of inhumane crime: Refers to a judge's mistake in convicting an innocent person or giving a heavy sentence to a person for a misdemeanor.

Crime of inhumane crime: Refers to the judgment of a guilty person not guilty by a judge's mistake, or a light sentence.

The key lies in reason and loss, exit and entry, one is intentional, the other is mistake, one is guilt, and the other is guilt.

Among them, the "crime of inhumanity" is almost never held accountable by judges, because it is in line with the judicial tradition of "rather killing the innocent than killing the innocent".

In other words, it is better to violate the current law than to wrong the innocent.

Human life is at stake, and it cannot be redeemed after death. If the judge has the possibility of misjudgment in a death penalty case, at least it shows that there are doubts in the middle. In this case, it is understandable not to sentence the death penalty of.

The "crime of inhumane crime" means wrongly convicting someone or giving him a heavy sentence. If the death penalty is involved and the number of prisoners reaches two, the least is dismissal and investigation.

But if it involves "crime of entering and exiting without reason", it will be a heavy sentence.

Because this is intentional!

The Song Dynasty was very strict with the judiciary.

For example, "crime against others".

There are special regulations in the criminal system of the Song Dynasty to explain: If a person is convicted of a crime in a lawsuit, if he is convicted of a full crime, he will be treated as a full crime.

The meaning is simple and clear. If a judge deliberately sentences an innocent person to death, then the judge will be sentenced to death directly.

If you impose a heavy sentence on a minor offender, it is a subtraction. Originally exiled for one hundred miles, if you deliberately sentence you to five hundred miles, the judge will sentence you to exile for four hundred miles.

"Crime of committing human crime" is also a heavy punishment, but there is a key point in this charge, that is, it is impossible for a judge to deliberately acquit a person who has committed a felony. , Corruption and bribery.

But no matter what, the penalty is also very heavy.

Therefore, when Mr. Lu heard it, Zhang Fei sued for the "deliberate crime", that is, he wanted to kill Wang Hong. Once he was successful, he would be dismissed and investigated.

"Jia asked?"

Grand Lu looked at the pleadings and was dumbfounded, "How did the two of them get together?"

Li Kai asked in a low voice: "Doesn't the prefect know?"

When he saw Lu Jia asking, he wondered, could Lu Gongzhu be the mastermind behind the scenes.

Lu Gongzhu immediately said: "Of course I don't know. No, I have to ask that brat first."

He was born in the Lu family from the east, and their Lu family was in the Song Dynasty, at least they were also among the top three noble families.

It is said in history that "the Lu family is more in charge of the country, and there are three generations and four people. The prosperity of the family is unprecedented."

Their ancestors were already at the level of Dukes in the Later Tang Dynasty.

Lu Gong wrote his father Lu Yi's bamboo slips, but he was a famous figure of his generation, and he was listed as one of the "Twenty-Four Heroes of Zhaoxun Pavilion".

Big Brother LV Gongchuo is also a Quan Zhi Kaifeng Mansion, a Bachelor of Longtuge, and a direct bachelor of the Privy Council.

The second elder brother, Lu Gongbi, even served as a privy envoy in the Renzong Dynasty and was also a prime minister.

Lu Gong himself would most likely reach the level of prime minister, but anyone who has served as the official of Kaifeng is generally a candidate for prime minister.

This Lu Jiawen is the grandson of his elder brother Lu Gongchuo.

It is conceivable how terrifying it is for the Lu family to have a family meeting.

A room full of ministers, judges, and prime ministers.

Fortunately, Lu Gongbi and the others are not in the capital for the time being, only Lu Gong is the grandparents.

Back home, Lu Gongzhu called Lu Jiawen over.

Lv Jiawen, who was only in his early twenties, knelt in the hall, but he had no fear on his face, he straightened his back, and looked directly at Lu Gong who was sitting in the front seat.

"Why did you do this?" Lu Gong asked angrily.

Lv Jia asked aggrievedly and replied: "Does the grandfather also think that this is the fault of the grandson?"

Grand Lu hummed and said: "Don't confuse the public in front of the old man. If you think it's unfair, you can appeal to the imperial court or the Kaifeng government. Why did you join Zhang San and sue the Kaifeng county government in the name of the Siliyuan?" .”

Lv Jia asked excitedly: "That's because when my grandson had a dispute with Wang Zhixian, he once humiliated my grandson, saying that if my grandson didn't rely on his family background, he wouldn't even be able to serve as a judicial officer, so he denied his judgment. If they appeal, even if they succeed, they will think that the grandpa and uncles are taking care of the grandson, so the grandson decides to appeal on his own."

Gong Lu softened his expression slightly, and said, "Why did you find Zhang San again?"

Lu Jia asked and answered: "This lawsuit is only Zhang San who dares to take it."

Lu Gong wrote and asked again: "Then why did you sue the county government in the name of the Siliyuan?"

Lu Jia asked: "This is Zhang San's idea. He said that such a lawsuit would be easier to succeed, because the Judicial Bachelor is implementing administrative and legal reforms."

Lu Gong said furiously: "It seems that your boy is not a lake, but a fool. He has already told you the truth, but you still promised him. Do you know that if he tells you like this, it will stir up trouble in the government office?" battle between them."

Lu Jia asked and answered: "The grandson agreed to him, not because the grandson is stupid, but because the grandson also supports the separation of politics and law, so why did he punish the ears of the Bianjing Law Firm a few days ago in Wangzhi County? Pens, not because he was worried that these ear pens would affect his collection of taxes. This is related to his political achievements, but as far as the judiciary is concerned, it is obviously unfair for him to make such a sentence.

Grandfather often warns his grandson that an official should be fair and strict. Although Zhang San has his own plans, he, like his grandson, will not encounter injustice. What's wrong with his grandson to seek justice together have? "

Lu Gong obviously didn't think that Wang Anshi was the mastermind behind the scenes, because it would benefit Sima Guang, and said, "Do you think you can sue? It's ridiculous that the Sili Yuan sued the county government."

Lu Jia asked: "At least the Left Office did not dismiss Suner's lawsuit."

Mr. Lu frowned slightly, and suddenly realized this problem. Such an outrageous thing, the left hall did not reject it, and reported it. At any age, one knows how to manipulate power.

Looking at Lu Jia again, he asked, "If grandpa asks you to withdraw the lawsuit, will you agree? And grandpa promises you that you will get justice."

He agreed with Lu Jiawen's argument, but he did not agree with his method of appeal.

Lu Jia asked: "If what grandpa says makes sense, grandson will naturally obey grandpa."

Lu Gong stared at him: "Your boy has only known Zhang San for a few days, and you have learned a lot from his speech skills."

Lu Jia asked excitedly: "The grandson never felt that his eloquence was inferior to Zhang San, but the grandson didn't have the chance to show it."