Judge of the Song Dynasty Chapter 211: The tree wants to be quiet but the wind does not stop

In the judicial construction of the Public Prosecution Law, only the Procuratorate is to be newly established.

The judiciary system in the Northern Song Dynasty was the most perfect in the feudal era, with its own branch system. The criminal investigation department also had a relatively complete system, but the quality of personnel was slightly lacking.

There is no procuratorate.

Although some departments have some functions and powers of the procuratorate, such as Yushitai, they do not have the core of the procuratorate system.

Prosecution!

Generally for criminal cases, the procuratorate represents the country to prosecute suspects.

But now, the government directly conducts the trial based on the evidence from the investigation.

There is no complaint link in the middle.

For example, in the case of Ayun, Zhang Fei faced the judge directly instead of facing the procuratorate, which resulted in a confrontation between the lawyer and the judge.

As far as common sense is concerned, it is impossible to win. The judgment is in the hands of the judge. Zhang Fei won at that time, and Wang Anshi supported him in the court.

This is politics, not justice.

If there were a procuratorate, this phenomenon would not exist.

It can even be said that the procuratorate is the core of the entire judicial reform.

The current separation of politics and law in Kaifeng County, if there is no support from the procuratorate in the middle, there will be no supervision in the middle, and it may even be even more corrupt than it is now.

Without this link, no matter how it changes, it will be almost the same as before.

Before Sima Guang didn't want Zhang Fei to be in a hurry to become an official, the reason was simple, the court didn't have a public prosecution department, and Zhang Fei couldn't use his ability when he entered the court.

Of course, he still has a bad idea hidden in him, that is, he expects that Wang Anshi's new law will definitely have problems.

The lawsuit is a good means of pressure.

Now Wang Anshi is also constantly gaining the support of public opinion through litigation, and has the upper hand in public opinion in the DPRK and China.

Sima Guang intends to repay him with his own way when the time comes.

But after Zhang Fei proposed the public prosecution law, he changed his mind. With the right to public prosecution, Zhang Fei could play a greater role in the imperial court as an official.

In addition, the DPRK and China are now proposing to Zhaoan Zhang Fei, a madman in the law.

He sees this as an opportunity.

"Thank you for your great kindness, Master Sima, but I thought that if I entered the procuratorate now, not only would I not be able to help Master Sima, but I would also cause trouble for Grand Master Sima."

"How do you say that?"

Sima Guang asked curiously.

Zhang Fei said: "I heard that many ministers in the court recently recommended me to be an official in the court."

Sima Guang nodded.

Zhang Fei said with a smile: "Presumably the reason is also known to Sima University."

Sima Guang nodded slightly and said, "They are just afraid!"

As soon as the words came out, he suddenly came to his senses, "You mean, if you are allowed to enter the procuratorate, they may prevent the construction of the procuratorate."

Zhang Fei nodded: "What they are worried about is my accusation. If I enter the procuratorate, I will have more power, and they will even regard the procuratorate as a serious problem.

And everything is still under construction, at this time, the resistance should be reduced. Therefore, I think that the Sima University scholar should not recruit me, but should portray me as an enemy, which is more conducive to judicial reform. "

Sima Guang stroked his beard, thought for a while, and smiled at Zhang Fei: "Then I will wrong you."

Zhang Fei half-jokingly said: "I don't know who is wronged by then."

Sima Guang laughed, and said again: "But you don't want to stay out of it, you still have to go to the Imperial College to teach."

Xu Zhiqian was surprised: "He went to the Imperial College to teach?"

He is a pen of the Imperial College to teach those Jinshi?

Don't be too outrageous!

Sima Guang sighed helplessly: "I don't want to, but when it comes to the means of litigation, no one in the court can match your husband."

Zhang Fei smiled modestly, suddenly remembered something, his eyes lit up, "Yes!"

Sima Guang asked, "What?"

Zhang Fei said: "The emergence of the procuratorate is not to give us Erbi a legal position to fight the lawsuit?"

Sima Guang was stunned for a moment, and thought, yes, it doesn't make sense that the imperial court takes the lead in prosecuting and not allowing the people to legally contest the lawsuit! He thought for a while, and said, "You should prepare well, the legal aid issue should not be a big problem."

Zhang Fei nodded and said: "Scholar Sima, don't worry, I will definitely do my best in this matter, and I will definitely not cause Grand Bachelor Sima to be criticized."

After discussing the matter, Sima Guang left.

"Are you really not planning to become an official?"

After sending Sima Guang away, Xu Zhiqian asked Zhang Fei.

Zhang Fei wrapped his arms around her waist and said with a smile, "What? Do you really want me to be an official?"

Xu Zhiqian said: "We discussed this matter before. No matter how capable Erbi is, the number of people he can help is extremely limited. If you want to help more people, you can only become an official."

"Good."

Zhang Fei nodded, "But now is not the time, because it is not clear how much power prosecutors can have, and they are checked and balanced by those officials. If you can’t go, let’s wait until the situation becomes clear before making any plans.”

Xu Zhiqian nodded slightly.

She is also aware of the open and covert struggles in the court. In fact, she is not urging Zhang Fei to become an official. She just wants to know what Zhang Fei's plan is.

Of course, she still hopes that Zhang Fei can become an official in the court and plead for the common people.

"Ahem!"

There was a sudden cough at the door.

Xu Zhiqian turned her head to look, and saw Fan Li looking at the two of them with a strange expression.

What do you mean?

Xu Zhiqian didn't react for a while, she turned her head to look at Zhang Fei, and suddenly came to her senses, she quickly broke free from Zhang Fei's hand, took a step back, and gave Zhang Fei another hard look.

Zhang Fei didn't think there was anything wrong, so he chuckled and said to Fan Li: "Mr. Fan, you came just in time. I have something to discuss with you."

The three went back to the backyard and sat down, Zhang Fei said: "I have already made a decision on whether to file a lawsuit for free, and that is to cooperate with the government and provide legal aid."

"Legal Aid?"

Fan Li doesn't know why.

Zhang Fei explained the specific operation method to Fan Li again.

Fan Li frowned after hearing this, but said: "If this is the case, we might as well send someone to help ourselves."

Zhang Fei asked: "Why?"

Fan Lidao: "If you cooperate with the government, it will never be the government that suffers. I'm afraid that this kind of legal aid will become a kind of government service, and our business will be over."

For the same thing, people and officials have completely different perspectives.

Fan Li was also a knife and pen official. As soon as he heard about it, he thought it was a free service for the imperial court, and it might evolve into a kind of government service.

Everyone's face changed when they heard about the battle in Yaqian.

Zhang Fei smiled and said: "Don't worry about the industry, it may be reasonable for you to think this way, but in our industry, your worries are completely unnecessary. I still say that, we, Erbi, must defend The law, defend justice, otherwise, we would not be able to do it in this business, but if we want to defend the law, how could we become a frontier?"

In addition, as far as the current situation is concerned, if we can provide legal aid to the court, then the tea eater and Erbi will gain a legal position for litigation, and the government must accept Erbi to go to court to litigate. "

Fan Li nodded thoughtfully.

Indeed!

Erbi is different from other industries. If you want to be active, you must have some confrontation with the government, at least in the judiciary. What's the difference?

Based on this point, it is impossible for Erbi to become a Yaqian soldier.

Fan Li asked again: "Then what are you going to do?"

Zhang Fei did not answer and asked instead: "Is it in the shop?

Some people say that I take special care of Qiu Zhengwen? "

Fan Li was stunned, and asked, "Who did you hear that from?"

Zhang Fei smiled and said: "I guess. I really want to train Qiu Zhengwen, so you don't have to think about it. Some people will definitely feel dissatisfied."

Fan Li said with a sneer: "Some people are not convinced."

Zhang Fei nodded and said: "Just right! This legal aid can solve this problem very well. Let them take turns to provide legal aid. When they become famous there and someone is willing to pay them for a lawsuit, then go back to Firm, become our partner."

"It's not impossible." Fan Li nodded and asked again: "Then shall we still pay the reward?"

Zhang Fei said: "Let Er Bi's salary be lowered, and the rest will remain the same. How much they can earn depends on their ability. It is impossible to dawdle in our shop."

Fan Li nodded.

Zhang Fei glanced at Xu Zhiqian again, and said, "Leave this matter to Zhiqian, you still manage the store, anyway, you don't really like doing this free work."

Fan Li laughed twice, "Okay, I'll listen to you."

Zhang Fei said again: "I would like to trouble the staff to inform them. We will have a meeting later to discuss the details."

"Alright then, I'll inform them first."

After Fan Li left, Xu Zhiqian glanced at Zhang Fei, and mumbled, "Zhang San, do you think I'm not suitable for litigation?"

Zhang Fei was stunned, "No! Why do you ask such a question?"

Xu Zhiqian said in frustration: "You just asked me to arrange this matter, which means that I will not be allowed to go to court to fight again."

Zhang Fei said with a smile: "Your lawyer Xu is quite famous now, if you go to provide legal aid, people will come to you, just like now, this will break the rules, and you can still go to court Litigation, but there must be a fee.”

Xu Zhiqian seemed a little reluctant, she always felt that justice cannot be measured by money.

Zhang Fei knew what he was thinking, and said again: "Zhiqian, don't worry, let's set up this arena first, attract more talents to enter this industry, and make the whole system work well. Legal aid for free, or for a fee, is up to you.”

Xu Zhiqian glanced at him and nodded: "I don't understand this very well, let me listen to you."

Zhang Fei let out a sigh of relief.

It's not easy!

This legal aid can well resolve some disputes between him and Xu Zhiqian.

Moreover, both procedural justice and substantive justice can be taken into account.

Kaifeng Prefecture.

"Prefect Lu, I have just heard the news that we have encountered some problems regarding the land investigation."

Li Kai quickly walked into the hall and reported to Lu Gong.

Grand Lu's expression tightened, and he asked, "What's the problem?"

As long as land is involved, it must be a big problem!

Li Kaidao: "Prefect Lu should know that the land of many big landlords is leased to tenant farmers instead of farming themselves."

Lu Gong nodded his head.

Li Kaidao: "And this includes a large amount of white deed land, which is leased to tenant farmers. Since there is no need to pay taxes, the landlords will share the tax money equally. Although the landlords get more, the burden on the tenant farmers is also true. It is lighter, but their contract states that the tenants will bear all the taxes, and now the government wants to check the white deeds. These tenants have paid half of the taxes before, and now they have to pay all the taxes. Many people are complaining!"

Gong Lu frowned and said, "Those landlords are too embarrassed to let the tenants bear all the burden?"

Li Kaidao: "That's what's stipulated in the contract, and!"

Lu Gong wrote: "And they deliberately instigated it?"

Li Kai nodded.

"It's so unreasonable!"

Lu Gongzhu angrily smashed the book in his hand on the table.