Judge of the Song Dynasty Chapter 445: Tax war (19)

Can't be used as evidence in court?

As soon as this remark came out, there was a burst of astonishment in and out of the courtyard.

Many people even stood up directly, including Xu Zun, Zhang Fei's father-in-law. He had checked all the evidence, and it was very careful, so it was impossible for there to be any problems.

Su Zhe and Qi Ji also opened their eyes wide and looked at Zhang Fei in shock.

Although Zhang Fei found loopholes in the previous debate on tax evasion, he did not completely clear up Zhao Wenzheng's suspicion of tax evasion. He only said that Wang Hongjin would be more responsible. Still acceptable.

Because of the last two charges, the most important thing is to occupy official land and sell private salt.

This is the killer move.

Although Su Zhe never imagined how Zhang Fei would refute these two charges, he never thought that Zhang Fei would directly question the evidence as questionable.

Because they have repeatedly confirmed that this evidence is completely unproblematic.

There is 100% ironclad evidence.

Xu Zhiqian turned her head slightly and glanced at her father. As she expected, her face was full of shock and disbelief. Still not detailed enough!

"Impossible, there is no problem with the evidence we provided."

Rao Su Che, who had always been calm, became excited at this moment.

Suddenly, I heard a person at the VIP seat say: "I have also seen the evidence, it is impossible for there to be problems."

Zeng Gong raised his eyes and saw that it was Lu Jia who asked.

Because he also tried the evidence.

Zeng Gong also understood how Lu Jiawen felt at this time, because he was the same, he also reviewed the evidence, and the land indeed belonged to the government, so he asked Zhang Fei: "The prefect carefully examined the evidence. However, if you haven’t found any omissions, how can you conclude that this evidence cannot be used as evidence in court.”

Zhang Fei said with a smile: "In this court, Zhang San dare not speak nonsense, I have evidence to prove that the evidence provided by the procuratorate is illegal, and it must not be used as evidence in court, otherwise, There will be no justice."

Zeng Gong hurriedly asked: "What evidence?"

Zhang Fei said: "I hope to call my witness Xie Huacun."

Xie Hua Village.

Who?

Su Zhe couldn't help looking at Qi Ji.

Qi Ji shook his head and said blankly, "I've never heard of this name before."

Su Zhe's memory is far better than Qi Ji's, but in his impression, this name has never appeared in all the evidence.

Zeng Gong also looked confused, and immediately said: "Pass Xie Huacun to the church."

Soon, I saw a man in his thirties, with short brown clothes and beards, coming to the hall, "The villain Xie Huacun sees the magistrate."

Because the emperor of the Song Dynasty didn't wear a dragon robe, he dressed like a nobleman, Xie Huacun never noticed that young man.

Zeng Gong himself ignored it, and his mind was on the eucalyptus, pointing to the witness stand, "Sit down."

"No no no, the villain dare not sit down."

Xie Huacun waved his hands in fright.

If you don't have any status in the lobby of Kaifeng Mansion, who would dare to sit casually!

Zeng Gong also understood the mentality of the common people, and did not force him, "Then you stand there."

"The villain obeys!"

Xie Huacun walked over tremblingly, and stood in front of the witness chair, sweating profusely.

Zeng Gong also signaled Zhang Fei with his eyes that he could ask.

Zhang Fei stood up and asked, "Xie Huacun, where are you?"

Xie Huacun replied: "I am from Tao Village, Shahe Township, Xiangfu County."

Zhang Fei asked again: "What do you do?"

Xie Huacun said: "My family has been farming for generations."

Zhang Fei said: "In other words, you are also a farmer?"

"Yeah."

Xie Huacun nodded.

Zhang Fei asked, "How many acres of land does your family have?"

Xie Huacun shook his head and said: "My family has no land now, and I am working as a tenant farmer for a big family."

Zhang Fei said: "Have you had it before?"

"There is something."

Xie Huacun nodded straightly and said: "My family used to have more than forty acres of land."

Zhang Fei said: "Then why is it gone now?"

Xie Huacun sighed: "This is all because of the flood three years ago. At that time, all my fields were washed away by the flood. I had to take my wife and children out to earn a living. I stayed outside for a whole year. half, but when I got home, I found that my field had become a government ranch.”

Su Zhe couldn't help but look surprised, and hurriedly looked through the evidence with Qi Ji.

After a while, they found relevant evidence, and Qi Ji pointed to an account on the evidence, "It may refer to this land."

Su Zhe whispered: "This is terrible."

Xu Zun couldn't help frowning, you little bastard, I thought you were very small, but I never thought that you would be so small. You actually counted these dozens of acres of land three years ago. How do we check it!

They are mainly based on the government's field records, thinking that this is ironclad evidence, and everything in the government's records should prevail.

Fu Bi, Wen Yanbo, Sima Guang and others were also stunned.

Is this okay?

Zhang Fei asked curiously, "Why did your field turn into a pasture?"

Xie Huacun said: "The government said that my family's field is wasteland, and no one has claimed it, so it belongs to the government. The 40 acres of land in my family are all good land."

Zhang Fei said: "Don't you want to sue the officials?"

"Why not."

The more Xie Huacun talked, the more angry he became, and he was not as anxious as before. "I went to the government immediately, but the people in the government told me that I didn't pay taxes last year. If I have to go back there Land, even if I break the law, not only will I be fined a lot of money, but the government will also arrest me, how dare I go for it!"

Speaking of the latter, he was full of grievances again.

Zhang Fei said: "But as far as I know, the imperial court ordered to exempt the local land tax."

Xie Huacun said: "I also know, I also said it at the time, but the government said that the court only exempted the autumn tax of that year, but I stayed away for a year and a half, which means that there is still a whole year without paying taxes .”

Zhang Fei asked: "Then do you have evidence to prove it?"

"I have!"

Xie Huacun said: "Because I wasn't the only one whose fields turned into pastures at that time, when the official asked me about the land deed, I kept an eye on it and said I was lost, but in fact I was Hidden ones, when I think about going to my father's grave, I can still lie to my father, but before my father left, he told me repeatedly not to lose those fields."

Speaking of the latter, he even wiped away his tears.

Zhang Fei suddenly said loudly: "During the flood, Xiehua Village was not the only farmer who lost their fields. As far as I know, there are three other households, and they are the same. But when they came back, their own fields were regarded as wasteland by the government, and they were taken over as official land or turned into pastures. Obviously, this arrangement is illegal, because according to the law of our court, no one will be left for at least three years. Only by claiming it can it be regarded as wasteland and be confiscated by the government.

But judging from the government's accounts, a year and a half ago, that piece of land still had a tax payment record, but a year and a half later, that piece of land became a wasteland, and then turned into a government pasture .

It can be seen that they are the owners of the field, because they have legal titles. "

After hearing this, Su Zhe hurriedly said to Qi Ji, "Quickly find out if those lands were counted as wastelands at that time."

Qi Ji said embarrassingly: "It's on another account, we didn't bring it."

Su Zhe felt regretful all of a sudden.

Qi Ji said again: "Actually, there are so many lands, but it's not so easy to search."

Su Zhe sighed: "But he found it."

Zhang Fei looked at Xu Zhiqian, "Bingyi."

Xu Zhiqian handed Zhang Fei a small wooden box.

Zhang Fei took it over and said to Zeng Gong: "Prefect Zeng, this is the land deed of the Xie Hua village family and the other three households, but because those three households are afraid of causing trouble, they dare not come here to testify. Please also ask Zeng Gong The magistrate can keep this secret."

Zeng Gong nodded and said: "The prefect will keep it secret."

At this time, whispers sounded again at the door.

"I also know about Shahe Township, there are more than three households, maybe even thirty households!"

"When the flood floods, everyone's fields will look like wasteland."

"This government is really embarrassed, saying that people invaded the official land, so what should the government do if it invaded the civilian land."

…

It was lively outside the door, but it was extremely quiet inside.

The emperor was sitting on the sidelines, how embarrassing the officials watching the trial must be.

It can also be seen that they knew it well. Although they did not investigate, they did not think that Zhang Fei was lying.

Although the current general trend is to convert official land into private land, there are quite a few private lands that have been converted into official land, and there are many tricks here.

Situations like Xie Huacun's are actually very common, not uncommon.

Zeng Gong is also a capable minister. After reading the evidence provided by Zhang Fei, he inevitably looked very complicated and at a loss. How should this be judged?

Li Kai is already used to it, and even secretly glanced at Zeng Gong, do you know now that you made a mistake?

Judging from the expression on Zeng Gong's face, Mr. Lu seemed to see Zeng Jin himself, and felt much better in his heart, not because I was incompetent, but because this kid was too cunning.

Su Zhe stood up suddenly, "In the government's field books, these lands are all recorded in the eucalyptus, I think the government's plan should prevail."

The officials nodded one after another, but there was a burst of boos outside the door.

You must know that fifteen minutes ago, they were still on the side of the procuratorate.

But now that I think about it, Zhao Wenzheng only invaded the official land, but the government invaded the civilian land.

Su Che's ears turned red from being booed.

Zhang Fei said with a smile: "If this is the case, the officials only need to write all the land in the field book, and all the private land deeds will be invalidated. This is obviously inappropriate and not acceptable. I personally think that Land deeds should have more legal force than government records.

Even if we take a step back and say that we disagree, these land deeds can at least prove that there is a dispute, but it is obviously illegal to use a disputed account as ironclad evidence to sue others . "

Su Zhe frowned, not knowing how to refute.

Zeng Gong suddenly said: "Although what you said is reasonable, the total of these few households is only more than two hundred mu of land, which is only a small part compared to the amount of occupied land provided by the procuratorate."

"Of course it's more than that."

Zhang Fei said with a smile: "The procuratorate sued Governor Zhao for occupying more than 70 hectares of official land, but according to our investigation, there are serious problems in more than 20 hectares of which, nearly one third, from the legal sense, these None of the land should belong to the official land, at least there are disputes.

If the government determined that those fields belonged to the official land, then how could the government determine that Governor Zhao had invaded the official land, and the methods they used were exactly the same. Wang Hongjin also regarded the so-called 'government ranch' as ​​wasteland, and then sent tenant farmers to cultivate it for two years, and finally took it legally for himself. "

After these words, the audience was immersed in embarrassment, except Zhao Wenzheng who was laughing.

You get what you pay for!

20,000 guan is not a loss.

Zhang Fei tilted his head to look at Xu Zhiqian, "A 2."

Xu Zhiqian immediately found a thick stack of papers and handed them to Zhang Fei.

Zhang Fei took it over, raised it directly, and said: "This is the specific evidence we have found. Among them, one family is the most outrageous. His son accompanied his wife back to his natal home in Yangzhou. He had just stayed for half a year. Upon hearing the news of his father's death, the couple rushed back immediately, but the government told them that his father was extinct, and his wife was still holding his grandson in her arms."

The boos at the door were even worse, obviously no one doubted Zhang Fei's words.

Even Zhao Xu, who was sitting by the side, blushed.

Outrageous!

It's outrageous!

Huang Gui came over again, and said in a low voice, "You really deserve to be Zhang Daerbi."

Zhang Fei smiled and said, "Thank you! Thank you!"

Huang Gui took all the evidence.

Zeng Gong couldn't see it alone, so he simply handed over all the evidence to the judicial officials below. Then he asked Zhang Fei: "The magistrate first assumes that the land you are referring to is disputed, but there are still 50 hectares of official land. How do you explain this?"

Zhang Fei said with a smile: "When I go back to the magistrate, I think these evidences belong to a whole and should not be divided into valid and invalid parts in the courtroom. It is like throwing a small lump of mud into a basin of clear water." , you can’t tell others, and there’s still a ladle of clear water in it.

The point is not to divide it like this. If so, the procuratorate can collect a lot of accounts every time it prosecutes, and the defendant can find as many problems as they can, then the amount will be reduced. What is the difference between this and lawlessness? Each of the defendants has Governor Zhao's financial resources to prove that the evidence is questionable.

As the prosecuting party, the procuratorate should take full responsibility for the questionable evidence they provided, and this evidence is the only convincing evidence to accuse Governor Zhao of encroaching on official land. Since it is invalid, Governor Zhao is of course innocent of. "

Zeng Gong frowned and thought for a moment, then said: "Come forward."

Zhang Fei and Su Zhe immediately went up to Zeng Gong.

Zeng Gong whispered: "Zhang San, although what you said is reasonable, but the procuratorate can rearrange the evidence and re-prosecute after returning. Why don't you present stronger evidence to defend?"

Zhang Fei smiled and said: "Prefect Zeng, you acquit Governor Zhao today, and you will convict Governor Zhao in two days. This may affect the authority of Kaifeng Prefecture."

Zeng Gong was speechless immediately.

Zhang Fei added: "The procuratorate, as the prosecuting party, provided illegal evidence. I don't know if they were careless or intentional, but if they are given a chance to sue again, the procuratorate will always be able to act like this. They There is no need to bear any responsibility. I think that since they made a mistake, the interests should belong to Governor Zhao. After all, the prosecution has caused great trouble to Governor Zhao. I also ask Governor Zeng to give a fair judgment."

Zeng Gong couldn't help looking at Su Zhe.

Su Zhe nodded guiltily: "Sorry! This is the negligence of our procuratorate."