Judge of the Song Dynasty Chapter 408: Maintain the flexibility of the law

Now that it has been decided to implement the recruitment law in Kaifeng Prefecture, who should implement it.

The system cannot be changed.

Established as a temporary agency, the Department of Regulations of the Second Government, so it is impossible to end it in person.

Fortunately, Zhao Xu and Wang Anshi were well prepared.

Since the bosses of Sinong Temple and Taifu Temple were kicked out of the capital by Zhang Fei, this seat has been vacant until now, and no one has been arranged to fill it up. This is reserved for the New Deal.

Because the two temples did not have much power before, all the financial power was controlled by the third division, and Wang Anshi could not control the third division. The way is to start a new one.

Wang Anshi is interested in the warehouse management system of Ersi. His reform is around financial management. What if there is no warehouse?

So he suggested to Zhao Xu that Sinong Temple be in charge of the recruitment law, and then recommend Han Jiang to judge Sinong Temple.

This Han Jiang was born in a top-notch family in the Northern Song Dynasty, and his great-grandfather Han Chujun was granted the Duke of Zhou.

His grandfather, Han Baoshu, was named Chen Guogong.

And his father, Han Yi, was also named the Duke of Ji by the prime minister, with the posthumous title of "Zhongxian".

He himself is very competitive. During the Renzong period, he was a Jinshi and ranked first, and he did not rely on his ancestors to become an official. During the Yingzong period, he served as the governor of Kaifeng, and later he became a supervisor and governed in the Northwest. Jun, just came back last year, and his younger brother Han Wei was also a famous prime minister in the Song Dynasty.

Anyway, his house is really a room full of prime ministers.

Furthermore, he had reformed the labor law at the local level. Although it had achieved some results, it was only a minor revision and did not go to the root. Wang Anshi's labor law also drew on his experience.

The key point is that Han Jiang has a very good personal relationship with Sima Guang and Wen Yanbo.

If you push him up, Sima Guang, Wen Yanbo and the others will feel a little more at ease. It was very troublesome to transfer Xue Xiang to the position before. He was impeached every day, and Wang Anshi really argued with them every day because of Xue Xiang.

If Han Jiang presided over the situation, the situation would be greatly improved.

Sinong Temple.

"Jiefu, in my opinion, your recruitment method is the trend of the times. It is also our wish to get rid of my century-old bad government. It's just..."

After some flattering, Han Jiang said very euphemistically: "It's just that the surplus money, the division of households, etc., should we think about it again."

Although it was Wang Anshi who recommended him to the position, he would not be grateful to Wang Anshi. Before Wang Anshi, he was already a political adviser.

However, he disagreed with the specific regulations.

Wang Anshi is unhappy, with finances like this, how can we fight with Xixia and Liao? Do you think our Great Song Dynasty has internal problems? External problems are bigger.

But he didn't show it, but said with a smile: "Try it first, if there is any problem, we will make adjustments."

Han Jiang nodded and asked again: "In the new law, employment is not involved. Do you really plan to hand it all over to the police station?"

Wang Anshi hummed: "You should know better than me how corrupt the government is today, and the police station has just been established and has not been polluted. Sinong Temple is responsible for promulgating laws, managing money and goods, and dismissing criminals." Some servants are hired by the police station."

Although the finances of the conscription law are allocated to the police station, it cannot be said that the police station manages the money itself, and it still has to be managed by a special department.

Han Jiang frowned and said: "But this job involves many affairs. Can the newly established police station handle it well?"

Wang Anshi smiled and said: "Let's try it. The officials seem to be very confident about this, and have ordered the police station to prepare for it."

Han Jiang listened and said no more, the emperor has already made a decision.

In a classroom not far away, there are five or six officials sitting.

But seeing the Taicang Ling Xu Tai of Sinong Temple standing outside the door and looking around, he closed the door when he saw no one around.

Turning around, he said to the five or six colleagues sitting inside: "The government has decided to implement the recruitment law in Kaifeng Mansion first."

"I said that Sima Junshi and they can't stop them, but you just don't believe it."

"You can't say that. The officials obviously prefer Wang Jiefu. If there is no evidence, Sima Junshi and they can't do anything."

"That's right...the government insists on using Wang Jiefu, and we can't change anything by just saying we oppose it. We have to show some evidence."

"Evidence?"

"Wang Jiefu's method of recruiting labor is obviously to make money for the country, so why don't we help him, and see how many people are willing to pay the money."

......

Although this matter has been decided, this does not mean the end, on the contrary, it will mean that this war without gunpowder has just begun.

Compared with the equal loss method, this recruitment method has offended many more people.

You are so straightforward in collecting taxes from our government households, although it is only half, but if you can collect half, then you can collect double in the future.

Officials will definitely fight back, this is a matter of interest, and they will never sit still.

It's just that the decision is in the hands of the emperor. If the emperor wants to do this, they have nothing to do, but they are also good at using facts to teach the emperor how to be the king of a country.

Fu Bi is very familiar with this situation. He knows what may happen next, and his previous experience has also told him what the consequences of this party struggle will be. This road will definitely not work, so he Although he disapproved, he did not directly oppose it. He is now placing all his bets on the rule of law.

The hateful thing is that this kid Zhang Fei did a really good job, after finishing that class, he really ignored him.

For more than two months, I really haven't been there once.

Fu Bi can only come to ask for advice in person.

When Xu Zun saw that Fu Bi came to the door in person, he felt quite embarrassed, "Don't blame Fu, my son-in-law is young and ignorant."

Fu Bi waved his hand and said: "How can you blame him, the officials entrusted this matter to me, and it has nothing to do with your son-in-law, but recently I encountered a problem and wanted to ask your son-in-law for advice. "

"Don't dare! Don't dare!"

Zhang Fei standing next to Xu Zun hurriedly said: "What virtue and ability is Zhang San, this is really a shameful junior!"

Fu Bi hehe said, "When did you become so humble?"

Zhang Fei replied: "Usually."

Fu Bi was taken aback for a moment, then laughed, and pointed to the table and chairs next to him, "Don't stand still, sit down. Sit down."

"Hey!"

Zhang Fei then sat down.

Fu Bi smiled and said, "I came here today mainly to ask you about the relationship between the tax law and the law of the legal system?"

Zhang Fei blinked and said, "This junior has already talked about this in class."

Fu Bi said: "But you only talked about the relationship between rights and obligations. What I want to ask is, can he refuse to pay taxes when the people only have rations left at home?"

Zhang Fei and Xu Zun looked at each other.

I probably guessed in my heart that the purpose of Fu Bi's trip was to use legislation to protect the people from being exploited by the labor law.

But this problem is really more acute.

Zhang Fei didn't dare to speak in class.

The tax power is the imperial power.

Zhang Fei thought for a while, and said: "In fact, it is reasonable to say that if the people only have rations left, if the court wants to take them away, this is obviously not in line with the concept of the rule of law, and it is not reasonable."

Fu Bi nodded: "Exactly."

Zhang Fei said: "However, collecting taxes is a very difficult task. If it is clearly stipulated that under what circumstances, people can refuse to pay taxes, this may also bring a lot of trouble to the government.

Because the common people can also hide money and food, and then cry poor to the government. The government does not have so much manpower and material resources to investigate clearly, which may make the country's finances even worse. "

Fu Bi nodded again and again: "You are right. When I discussed this matter with those judicial officials and students, I also took these issues into consideration. This taxation is a major national event and should not be acted rashly, but this situation should also Avoid, you can't kill the chicken to get the eggs, and use up the water to catch the fish. This kind of government will force the people to rebel, and it will also make the financial situation worse."

He hoped that the legal system would prevent the labor law from over-exploiting those low-class households, but when the legislation was made, those judicial officials said no, because it would bring great trouble to the government.

If the country fails to collect taxes, the country will be finished. This risk is too great.

Fu Bi didn't come up with a good solution either, so he could only come to Zhang Fei for help.

Zhang Fei pondered for a while, and said: "Fu Gong seems to be still immersed in virtue as the master of punishment, and has not changed his concept to virtue as master of law."

Fu Bi hurriedly asked: "How do you say that?"

Zhang Fei said: "I once said in class that virtue governs the law and the law is the basis for incrimination, and the three cardinal guides and five constant rules are the basis for conviction.

Tax evasion is an illegal act, because this is what the law stipulates. If you want to change the conditions for criminalization, it is not impossible. The key government may not be able to do it, and you have to consider practical issues. Then it can only be considered from the aspect of guilt. "

Fu Bi nodded frequently.

Zhang Fei said: "Suppose a commoner is caught by the government for tax evasion and finds that his family is supporting the elderly. This can be referred to as filial piety.

Or there is a child waiting to be fed, or he has been disabled and poor because of fighting enemies and defending the country.

Fu Gong added these conditions under the tax law. Judicial officials can refer to these conditions when reviewing the case, and then give him a lenient treatment, or even directly exempt him from taxes. "

Fu Bi's eyes lit up, and he asked again, "Is it just for reference?"

Zhang Fei nodded and said: "It's just a reference, not a rigid standard, so that the flexibility of the law can be maintained. The court can not only guarantee the authority of the law, but also make the law nothing more than human feelings."

Many regulations cannot be fixed, otherwise, in some special cases, no matter how the judgment is made, it will be wrong.

Fu Bi doubted: "If it's just for reference, then it's all up to the officials to decide."

Zhang Fei said: "In the end, we still have to rely on the officials to enforce the law. The flexibility of the law is just to ensure that the officials can give different judgments according to the actual situation. Of course, the officials may also give very bad judgments, which is inevitable. of.

The law is never perfect.

However, this also helps the ear pen to fight the lawsuit. Without these conditions, the lawsuit would not be possible, but if there is, the ear pen can help the people reduce their charges. "

"I see."

Fu Bi nodded, and said again: "But it is very dependent on ear pens. Ordinary people can't even pay taxes, so how can they afford ear pens to fight lawsuits?"

"This depends on the establishment of the Legal Aid Department."

"The Legal Aid Department is free, how many people are willing to go?"

"If the imperial court and our bookstores have to recruit people from the Legal Aid Department, for example, if you want to enter the procuratorate, you must first look at your performance in the Legal Aid Department, or if you want to come to our Bianjing Law Firm , but also show the results of the Legal Aid Department. In this way, many geniuses in this field will be willing to go to the Legal Aid Department and try their best to fight for the people.

And we big bookstores are also willing to donate money to the Legal Aid Department, because this will provide us with talents, but the court also needs to allocate a little money, at least to ensure that the ear pens of the Legal Aid Department will not be hungry.

The cost of raising ten ear pens of the Legal Aid Department is much lower than raising one judicial officer. But the effect that these ten ear pens can play is much higher than that of a judicial official, which is a very cost-effective expenditure. "