Judge of the Song Dynasty Chapter 240: The negotiating table is the main battlefield

As far as litigation is concerned, the battlefield of criminal cases must be in court, such as A Yun's lawsuit and Lin Fei's lawsuit.

There is a verdict in court.

But in civil litigation, the court is only a secondary battlefield, and private negotiations are the main battlefield.

For example, the lawsuit between Li Si and Chen Yuteng was settled in private. In the courtroom, it was just a bargain. Whoever has the advantage will be more active in private negotiations.

But this lawsuit is quite special, because tax evasion is definitely a criminal case, and Zhang Fei is also representing the imperial court, but he just said that he does not have the status to prosecute.

However, the Song Dynasty has its own national conditions.

Tax evasion by ordinary people is of course criminal, but if the other party is the landlord class or the scholar-bureaucrat class, it can also be classified as civil.

This is also the point of controversy between the court and the court. If the court has evidence, does it still need to go to court?

Just arrest people!

The problem is that there is no way to arrest people, so Wang Anshi was forced to do so. The purpose is to force them to pay taxes, not to kill them.

Based on this, the case should be classified as a civil matter.

Since it is a civil matter, private negotiations are the main battlefield.

In the evening of that day, Li Guozhong, Fei Ming, Li Lei, the representative of the landlord class, Huang Zhi, and the representative of the scholar-bureaucrat class, Wang Zhu, a total of five people came to Bianjing Law Firm to negotiate with Zhang Fei.

As for Zhang Fei and Xu Zhiqian's husband and wife file, plus the pot man, oh, Fan Li, who is commonly known as the legal representative, and Qiu Zhengwen, the younger brother who serves tea and water.

Zhang Fei put down his teacup, glanced at the faces of the five people opposite, and said firmly, "I'm so sorry! You have lost the chance to negotiate."

Li Guozhong said with a smile: "The sage said, courtesy is useful, and peace is the most important thing. To be a human being, you still have to keep a line. After all, everyone looks up and sees down."

Zhang Fei joked: "Li Xingshou didn't read "Xing Tong" but took a fancy to "The Analects of Confucius". They are still considering whether they should continue to prosecute you for using fake tax bills."

Huang Zhi and Wang Zhu trembled in fright. If they were held accountable, it would be a matter of how they died.

Li Guozhong said with a smile: "Then don't talk about "The Analects of Confucius", but about "Xing Tong". Since ancient times, there have been laws not to blame everyone."

Xu Zhiqian snorted: "Not many people dare to use fake tax bills."

Li Guozhong was taken aback, glanced at Xu Zhiqian next to him, and said with a smile: "Ms. Xu is right, but tax evaders are not rare.

But if you don't deal with it properly, those tenant farmers will come to you to sue you, or many people will report tax evasion and tax evasion endlessly. "

Fei Ming said: "If the claim of 500,000 guan is successful, it will be enough to make people all over the world come to you to sue, not to mention whether Sanlang can win, even if Sanlang is justified, will the government judge like this? ?”

This statement is reasonable, the exploited people in the world can be said to be almost everyone, and this lawsuit is worth 500,000 yuan. Whoever does not come to sue, the landlord and the people will be completely at odds.

Will you really know the law then?

The court will not let this happen.

Fan Li nodded slightly, and said to Zhang Fei in a low voice: "Sanlang, I think what they say makes sense."

Zhang Fei glared at him, thought for a while, and then asked Li Guozhong: "How do you hope to end this lawsuit?"

Huang Zhi and Wang Zhu, representatives of the two classes, had a look of joy in their eyes.

Li Guozhong said: "Member Du and they will make up all the tax money."

"?"

"?"

Time seemed to stand still for a moment.

Zhang Fei blinked, "That's it?"

Li Guozhong said: "Isn't this the purpose of the court's lawsuit?"

Fei Ming added, "Of course, Du Yuan and the others will also reward Saburo generously."

When Xu Zhiqian heard this, she couldn't help asking, "Do you want to make the crime worse, or do you want to drag us into the water together?"

With such a wife, you will basically be cut off from quick money for the rest of your life. Zhang Fei also gave two reproachful glances, as if to say, can these things be brought up on the stage? But anyone who wants to give a gift will not say it first, and give it directly. Understand?

Li Guozhong hurriedly explained: "It's just a meager gift, not a crime."

"That's okay."

Zhang Fei said: "If you said that before the lawsuit, then I might readily accept it, but now, it is impossible for me to accept these conditions."

Li Guozhong said: "But if the fight continues like this, it may not be a good thing for Saburo."

Zhang Fei said: "Who can say what will happen in the future. Now we are sure to win, and we have the initiative in the future. At least Xiaodian also has the right to refuse to file a lawsuit for anyone."

Those people may come to me, but I don't have to answer them!

Li Guozhong frowned and asked, "I don't know what Sanlang wants?"

Zhang Fei pondered a little, "First of all, you must change the contracts with all the tenant farmers, and all taxes will be borne by the head household from now on."

This "first" made Huang Zhi and Wang Zhu feel a headache.

However, this condition is not unacceptable. At worst, some tenant farmers will be replaced at that time, and this road leads to Bianliang.

Li Lei immediately said: "Most of the rents are yours, and the principal household has not deceived anyone."

Zhang Fei said with a smile: "I am not representing the tenant farmers, but the imperial court. My employer does not want this kind of thing to happen again. Only in this way can it be completely eliminated."

Li Guozhong said: "If the court does not want this kind of incident to happen again, it should legislate for it instead of just relying on a lawsuit."

Zhang Fei said: "The imperial court has the imperial court's thoughts, and I don't know about it, maybe."

He shrugged slightly, and said again: "But if you don't agree to this condition, then there is nothing to talk about, after all, this is the purpose of the court."

Li Guozhong glanced at Wang Zhu and Huang Zhi, and after seeing the latter nodding, he said: "We can promise you this condition."

"Secondly."

"Isn't that enough?" Li Guozhong looked at Zhang Fei in disbelief.

Zhang Fei said: "If Li Xingshou had carefully referred to Du Shaojing's crimes, he would not think so."

Li Guozhong was silent.

Zhang Fei said again: "Exempt those illegal usury."

Fei Ming said excitedly: "Those usury can be seen everywhere, and they are all things you wish to do. They can be exempted today and borrowed again tomorrow. We are ear pens, and we are not philanthropists. Why are you like this?" ?”

Zhang Fei hehe said: "Uncle Fei is right. I am an ear pen, not a shantang. But you can't blame me. If you want to blame, you can blame yourselves. You are too greedy.

Now I have already raised this issue in court, and invited Du Shaojing's tenant servant to testify in court. If I don't give an explanation, I don't know if Kaifeng Mansion will agree, but I can't give the court an explanation. I can't give the public an explanation, and even I may face prosecution. "

Li Guozhong said: "But it is difficult for you to identify what is a legal loan, it is not legal."

Zhang Fei said: "I can give you a very loose standard, that is, according to the current situation of your tenant farmers, even though he is working hard, he still cannot repay the debt within ten years, and the more he pays, the more he will pay. It is considered illegal and must be exempted, and the lease contract must be re-signed."

Xu Zhiqian said coldly: "I believe you have nothing to say about this condition."

Huang Zhi and Wang Zhu were silent.

This sounds really loose, working hard, but paying more and more money, which means that it will never be paid back, which obviously does not comply with the law's regulations on lending.

But in this way, most tenant slaves will be exempted.

Li Guozhong said: "I also have a requirement, that is, they must have repaid ten times the interest of the principal before they can be considered exempt."

Xu Zhiqian immediately retorted: "This is illegal."

Li Guozhong said: "When they borrow money, they already know that it is illegal. Why do they still want to borrow, and why doesn't your employer give them money to help them? If it can be easily exempted, then the usury There will only be more.”

This sentence made Xu Zhiqian so angry that he didn't know how to refute it.

After thinking for a long time, Zhang Fei said: "Okay, I promise you. But I can't accumulate any more, so this amount will prevail."

Li Guozhong said: "But you must also set a time limit, and you can't drag it on forever."

Zhang Fei nodded and said: "At that time, we will give you a deadline based on the current situation of those tenants."

Li Guozhong said: "That's it."

"Not yet!"

Zhang Fei smiled and said, "If I remember correctly, the next one is the last one."

Li Guozhong said angrily: "Isn't this enough?"

"Of course not enough."

Zhang Fei frowned and said: "The previous two conditions are not your atonement, let alone your gift, but what you should have done, and it is your obligation.

It is already too much for you to use your illegal behavior as a condition for negotiating with us. If you even complain, then there is nothing to talk about. "

That posture is about to flip the table.

Wang Zhu's heart skipped a beat, and he hurriedly asked, "Then what other conditions do you have?"

Zhang Fei said: "It may be difficult for you to accept Du Shaojing's compensation of 500,000 guan. In this way, 108 of you will make up 1 million guan as a fine and compensation."

When Wang Zhu and Huang Zhi heard this, they almost slipped off their chairs.

Even Fan Li and Qiu Zhengwen trembled.

This number sounds scary!

Only Xu Zhiqian was full of anger, thinking that she was too kind.

Li Guozhong immediately said: "We will never accept this."

Zhang Fei said: "Equally shared, less than 10,000 yuan per person, your employer can definitely afford it."

"There is a basis for everything."

Li Lei said excitedly: "The reasons you said in class are not ironclad evidence. If we just argue for compensation, we will not lose, and almost no one has claimed in this way in previous cases. And you represent the imperial court, so does that mean that the imperial court is different from others and can do whatever it wants."

Zhang Fei frowned, showing some hesitation.

Li Guozhong immediately said: "One hundred thousand guan, this is the only thing we can accept."

Wang Zhu and Huang Zhi couldn't help being secretly happy, the one hundred thousand guan was shared equally by more than one hundred people, and the one thousand guan was not worth it, so it was worth it.

"Impossible!"

Zhang Fei said: "It must not be lower than what I said in class, five hundred thousand."

Li Guozhong said resolutely: "You are an ear pen, you have to speak the law, this kind of claim is not legal."

Zhang Fei said: "If you just fight for this claim, it will definitely not be less than 500,000 yuan. The tenants owe you money, and you have to ask for ten times the principal. Use this standard as the judgment, and do the math." The taxes you owe, see if there are so many."

Li Guozhong glanced at Li Lei and Fei Ming, both of them lowered their eyebrows and remained silent.

Li Guozhong looked at Huang Zhi and Wang Zhu again.

The two of them exchanged eye contact, and after doing the math, each of them only had 5,000 guan. It is much less to bear the claim of 500,000 crowns alone.

It can only be regarded as cutting a piece of meat away.

There is no way, although the other party has ironclad evidence, if too many people are involved in this matter, they are not even qualified to negotiate.

It can only be regarded as spending money to eliminate disasters.

The two nodded to Li Guozhong.

Li Guozhong said: "This is the last condition."

Zhang Fei nodded and said, "Of course."

Li Guozhong said: "But we also have a condition, that is, we must ensure that the Kaifeng government will not settle the old accounts again, and this matter will be written off."

Wang Zhu and Huang Zhi nodded at the same time. They were very cautious, and they almost forgot about it. Fortunately, they invited professionals.

This case is between criminal and civil matters, and the Kaifeng government has the full right to veto their settlement.

Because Kaifeng Prefecture itself has the power to pursue tax evasion and tax evasion.

Zhang Fei said: "Whether the Kaifeng government will agree, I can't guarantee it. We can sign a settlement letter of intent first. If the Kaifeng government does not agree, then let's see."