Judge of the Song Dynasty Chapter 589: The battle of the three laws (3)
Fan Zhen is a Jinshi of the Renzong Dynasty, and he is also the number one scholar. He is not as good as Su Zhe, but the problem is that the brothers of the Su family have amazing talents. He has made many friends who have forgotten the years, and the relationship with Fan Zhen is quite good.
Although Fan Zhen looked relaxed, Su Zhe was both curious and worried about this, so he invited Fan Zhen into the house and asked the specific reason.
The reason for this is the young crop method.
After Wang Anshi formally proposed the Green Crop Law, Fan Zhen strongly opposed the Green Crop Law, and even told the emperor directly that it was a technique for the disabled.
Of course this angered Wang Anshi. After getting Zhao Xu's acquiescence, he personally wrote an edict to denounce Fan Zhen.
Fan Zhen is also a hard-headed person, so he can't follow Wang Anshi's example, so he directly appeals for resignation.
I quit!
However, the relationship between Sima Guang and Fan Zhen is very good. It can be said that they cherish each other and are like confidants. Their governing ideas are also very similar.
But Sima Guang wanted to take care of the overall situation, so he didn't want to tear himself apart with the emperor. He wanted to talk badly, so he stopped him, and later sent Fan Zhen to stay in the procuratorate.
However, Xu Zun also supported Wang Anshi in his political views, and Fan Zhen and Xu Zun couldn't get along. In addition, the Young Crop Law was finally promulgated at that time, so he asked to resign as a protest.
Sima Guang has no choice.
When he was about to leave Beijing, Fan Zhen heard the court and the Chinese discussing how to use judicial reform to suppress the young crop law.
The old man had an idea, and he couldn't stop it in the court, so I might as well go directly to Hezhong Mansion to stop it. In fact, the plan of the conservatives is to stop the new law at the local level, not in the court, because Zhao Xu is completely biased towards Wang Anshi , They couldn't stop it, so Fan Zhen wanted to get a piece of official document, so he came to Hezhong Mansion as an ear pen.
As a result, I encountered this incident as soon as I arrived, and I was very happy immediately. I came to the right place, so I immediately recommended myself.
This Fan Zhen is also from Shaanxi, and he is quite famous in Hezhong Prefecture. He has many friends who know his talent. The key point is that he just came from the capital. He knows the whole thing very well, and immediately won the favor of the gentry. trust, and promised to let them serve as ear pens for this lawsuit.
"I see."
Su Zhe nodded, and said again: "Actually... In fact, Fan Xueshi doesn't deserve to be an official, so he can be directly transferred to our Procuratorate."
"That's different."
Fan Zhen waved his hand, "I have worked in the procuratorate. In fact, the main responsibility of the procuratorate is to prosecute and judiciary. It should not focus on litigation. Only when the procuratorate thinks that the imperial court's judgment is unfair, it will file a lawsuit.
In addition, the procuratorate represents the imperial court. For example, in this matter, if the prosecution is filed in the name of the procuratorate, it will be wrong and the words will not be right. Relatively speaking, this ear pen is much freer. "
After hearing this, Su Zhe couldn't help but said in embarrassment: "I'm ashamed, I'm ashamed, I don't want to hide this from Xueshi Fan. I was trying to sue the government before."
Fan Zhen was taken aback, "Really? You too...!"
At this point, he waved his hands again and again, "Now you are the chief prosecutor, and I am an ear pen representing one side, so it is inconvenient to talk about this matter. However, I came here today to ask for something else."
Su Zhe asked quickly: "Scholar Fan, please tell me."
Fan Zhendao: "It's about the chief judge. When I was in the capital, I have seen his means of litigation and his ability to give lectures, but I have never seen him try a case. I heard that he has the right to precedent. What is the main basis for his judgment?"
The chief judge's habits, opinions, and ideas are all one of the details of the lawsuit, because the purpose of the lawsuit is to convince the chief judge to believe in himself.
Su Zhe pondered for a while, and said: "Actually, President Zhang did not rule in accordance with the law. He has not changed any laws yet, but in terms of punishment, he often does not punish in accordance with the law, but it is also in line with the principle of the law of the rule of law. It is mainly aimed at civil lawsuits, and does not involve the interest of the country and the monarch.
He added explanations and principles to the statutes to supplement them. Fan Xueshi can go to the lawsuit according to the law, and there will be no problem. "
Fan Zhen nodded: "I see."
......
The imperial court over there had just received Fan Zhen's pleading paper, and the Four Little King Kongs were extremely excited. They had expected that the squires would definitely file a lawsuit.
The reason why they were excited was not entirely because one party to the lawsuit represented Erba Township in Hezhong Prefecture, and it was a super litigator.
It is because this will be a head-to-head confrontation between judicial reform and the new law, and at the same time it involves the patriarchal clan. The three laws are intertwined. Isn't this exciting?
It is really exciting to see what the final result will be.
This judgment may even affect the structure of the capital, and of course it is also possible for the imperial court to fall into it.
So they quickly took it to show Zhang Fei.
The entire document is one sheet.
After less than half a stick of incense, Zhang Fei finished reading, put it down, and asked the Four Little King Kong: "What do you think?"
Cai Bian immediately said: "I don't think this pleading paper meets the standard for a trial."
Zhang Fei asked: "Why?"
Cai Bian immediately said: "Because the pleadings are mainly aimed at the Qingmiao Law, they just think that the government is doing this to amass wealth, but they have not provided any evidence to prove that the government cannot prohibit the patriarchal clan, nor does it prove that the patriarchal clan has power. Do this.”
Cai Jingdao: "I heard that this scholar Fan opposed the new law in the capital. It can be seen that he just wants to use this lawsuit to attack the young crop law."
Shangguan Jun said: "Whatever it is, we only look at the evidence, no matter what their original intention is, as long as the evidence is sufficient."
Zhang Fei asked: "Then do you think the evidence is sufficient?"
Shangguan Jun immediately said: "The students think this evidence is enough to open the court, because the government really wants to implement the Young Crop Law, and the interest stipulated in the Young Crop Law is two cents, so the government prohibits the interest of one cent and five cents, which is obviously beneficial to the young crops. It is legal, and this alone is enough to make us open a trial."
Cai Bian retorted: "But there is a difference in priority. The Young Crop Law stipulated two points of interest first, and the gentry stipulated a lower interest rate. The other party's actions were obviously aimed at the Young Crop Law. This pleading is simply a slap in the face."
Shangguan Jun said: "Even so, there is currently no evidence to prove that the squires are not allowed to do this. The key point is that the squires do this. It is hard to say whether they are the ones who benefit. But if the government does this, the Qingmiao Law It must be the one that benefits."
"Shangguan is right."
Zhang Fei suddenly nodded, "You have to remember one thing, the function of this pleadings is just to let us have a trial, not all. Based on this, it proves that the patriarchal clan has the right to do so, or that the government has no right to prohibit Patriarchal clan, this is obviously very difficult, basically it is difficult to find direct evidence to prove it.
However, the government has now decided to pay two cents of interest, and at the same time prohibits the private sector from paying one cent of interest. At least two points can be confirmed from this. That is, the government has greatly benefited.
Second, folks are definitely allowed to pay one cent five interest. This is enough to meet the standard for a court session, because the government cannot easily prohibit what the law allows to seek interest for itself. "
Cai Bian said: "But the Green Crop Law is also an imperial government's decree."
Zhang Fei nodded and said: "If there is a regulation in the Green Crop Law that forbids others to lend money at low interest rates, then the pleading paper is a piece of waste paper, no matter how reasonable the pleading paper says, but there is no such regulation in the Green Crop Law. And there are no regulations related to restraining the people."
Speaking of which, Zhang Fei picked up the pleading paper and said with a smile: "Actually, this pleading paper is very cleverly written. It seems simple, and it may be a slap in the face, but at least we can't refuse. Just imagine, if the government With this right, what will happen? If the government wants to sell grain, it only needs to force the private grain price to rise. If it wants to collect grain, it can force the grain price to be lower than the market price. Not only does it involve the interests of the people, but also the interests of the country and the monarch. Our imperial court cannot ignore this, and we must try it clearly. Cai Jing."
"The student is here."
"You go to the government and tell them that if they can't provide sufficient evidence to prove that what they did is not for the benefit of the Young Crop Law, then our imperial court will hold a trial."
"Yes."
When the Four Little King Kong heard this, they knew that the lawsuit would definitely go to trial.
Because it is impossible for the government to provide sufficient evidence to prove this point, the fact is that the young crop law can be implemented smoothly.
It's that simple.
......
After being notified by Cai Jing, the government over there immediately held a meeting to discuss countermeasures.
"It seems that they have jumped the wall."
Yuan Jiang sneered and said contemptuously: "It's really ridiculous to go to the imperial court and let the imperial court decide for them."
Wei Yingfang and the others thought to themselves, didn't you start this? You cooperated with the police department first.
Yuan Jiang and Wei Yingfang said: "Wei Tongpan, you go and tell the other party that our government is not afraid of going to the imperial court to fight a lawsuit, but we don't want this snipe and clam to fight and the fisherman will benefit."
Wei Yingfang couldn't bear it any longer, and said embarrassingly: "But we also go through the Royal Police...!"
"The police station is different from the imperial court."
Yuan Jiang said: "The royal police are only executive officers, and the government also has the right to mobilize them, but the imperial court is not controlled by anyone in the Hezhong Mansion, but if they are stubborn, then we will not follow them in the future." They will discuss it, and they will sue them through the imperial court, so they should be more careful."
Wei Yingfang couldn't help but frowned secretly, these are all ruthless people! They are eager to provoke a dispute between the new law and the judiciary. Indeed, the new law can also provoke a dispute between the judiciary and the old system.
The game of the three is really the most difficult game to play.
But Wei Yingfang didn't say much, and went directly to discuss with the other party.
It’s okay if you don’t go, but if you go, all the gentry are furious. You were the one who cooperated with the police station first. Now that you see us appealing to the imperial court, you start to say that the snipe and the clam are fighting each other, and the fisherman benefits. , What a double-standard dog.
Of course, it is impossible for them to give up this lawsuit even from the perspective of interests.
Because there is a very tangled point here, that is, the judicial reform was proposed by Sima Guang, and it is a plan of the conservatives. This is why they wrote to the imperial court and sued the imperial court before, but it was useless.
They have only three choices, either to cooperate with the new law and fight against the other party's judicial reform, or to cooperate with the judicial reform to deal with the new law, or to provoke the judicial reform to fight against the new law.
Since they are also very opposed to the new law, there is only a third option.
And they believed that Yuan Jiang was just trying to scare people. Once the imperial court denied the government's ban, Wang Anshi would never give up in the court.
Flatly reject Wei Yingfang's proposal.
The government immediately decided to respond to the lawsuit.