Judge of the Song Dynasty Chapter 592: The dispute between the three laws (6)

Before going to court, Yuan Jiang never had the extravagant hope of being able to avoid the benefits of the young crop law.

Because the other party was accused of this crime, he must try his best to prove that Yuan Jiang banned this patriarchal clan for his own benefit.

It's just that he didn't expect that he would be forced to this point so quickly with a few words.

I also have to admit that these geniuses in the Northern Song Dynasty changed their jobs to ear pens very quickly. First, they are very talented. Secondly, law is a compulsory course for them. Trial experience.

The only thing he has to learn is the interrogation skills in court, which is very different from the official trial. Fan Zhen also watched Zhang Fei's lawsuits one by one, and he was already familiar with the context.

"Intention to resist imperial policy?"

Fan Zhen said unhurriedly: "Scholar Yuan, can you explain in detail."

Yuan Jiang said truthfully: "The proliferation of usury has not been a year or two, and they have not revised any patriarchal laws to prohibit this usury. Now the court has just promulgated the Green Crop Law, which stipulates that the interest is two cents. They immediately The patriarchal law agrees on a one-fifth interest rate, which is obviously a boycott of the young crop law."

As soon as these words came out, many people showed doubts on their faces.

It is no longer a matter of a day or two for usury to harm people. Now that the imperial court wants to reform, you just give such a low interest rate.

There must be something tricky here!

Fan Zhen asked: "Then, according to the words of the Yuan scholars, if this patriarchal clan system originated before the Qingmiao Law, would the Yuan scholars still prohibit it?"

"I object."

Li Min stood up suddenly, "This is a hypothetical question, and the witness's answer is meaningless."

Fan Zhen immediately said: "This is not a hypothetical question, but comes from the answer given by Bachelor Yuan just now, and it is also related to whether the patriarchal clan has the right to do so, which is also the key issue of this case."

"Objection void!"

Zhang Fei looked at Yuan Jiang and said, "Please ask Bachelor Yuan to answer Mr. Fan's question."

Li Min sat down depressed.

Yuan Jiang was slightly sweating, thinking, this is really unfair, he can only ask me to answer, if I usually argue, how can I lose to him so easily. After hesitating for a while, he still replied: "Probably not."

Fan Zhen smiled and asked: "According to the answer of Bachelor Yuan, that is to say, the township has the right to regulate the interest of lending in the township."

Yuan Jiang was slightly embarrassed.

Fan Zhen patiently waited for the answer.

After a while, Yuan Jiang said: "I just said that I shouldn't stop it, but it doesn't mean they have the right to do so."

Fan Zhen asked again: "Does Bachelor Yuan have the right to allow them to do this?"

Yuan Jiang thought for a while, then nodded, "I think so."

The Four Little King Kong couldn't help but shook his head slightly, he didn't have any confidence in his answers, he was really powerless to resist!

The squires smiled smugly, as if victory was already waving to them.

That's it?

"I'm fine for now."

Fan Zhen is very gentlemanly and gave up the right to ask questions to Li Min. Although the imperial court did not make clear regulations, everyone still had a tacit understanding that every question should be given a chance to ask the other party.

Li Min stood up, "I have a loan contract here, which stipulates five percent interest, and it does not violate the law. If the township makes a rule with this contract, it is agreed that lending in the township shall not be lower than this Interest, will Bachelor Yuan support it?"

A court policeman came up immediately and handed over the three copies of the contract to Zhang Fei, Yuan Jiang and Fan Zhen respectively.

After Yuan Jiang saw it, she shook her head and said, "I definitely won't support this."

Li Min asked: "Why?"

Yuan Jiang replied: "Although this contract stipulates a five-point interest, it also involves conversion, and the repayer may have to pay nearly double the interest."

Li Min asked again: "Will Bachelor Yuan prohibit it?"

Yuan Jiang nodded, "If you let me know, I will definitely prohibit them from doing so."

Li Min said: "But this contract is not illegal."

Yuan Jiang said: "I can also use government orders to ban them, because this will seriously affect the government's governance. After all, those rich and unkind landlords don't care about the people who live on the streets. This needs to be borne by the government."

Li Min said: "However, for the question of Mr. Cai Fan just now, Bachelor Yuan said no, how should I understand this."

Yuan Jiang said: "This is actually not contradictory. From the government's point of view, the people should be the main priority. Just now Mr. Fan emphasized the one-fifth interest. This is not against the law, but also beneficial to the people. Of course the government is happy to see it, but this contract is obviously more conducive to the exploitation of the people by the big landlords, so the government will naturally prohibit it."

Li Min said: "Can I understand this as the government has the right to prohibit it, but it is only judged according to the behavior of the other party."

Yuan Jiang nodded and said, "Yes."

Zhang Fei smiled in relief, it's okay, he didn't lose the face of us.

Fan Zhen asked rightly, does the squire have the right to do this?

What Li Min asked was, does the government have the right to prohibit them from doing so?

Even if the two are established at the same time, it is natural that the government should be the main one.

Li Min asked again: "Shicai Scholar Yuan once said that he has been an official for forty years. During this period, did Scholar Yuan make any orders, or did he witness other officials order to prohibit the people from being allowed by the law? behavior."

Yuan Jiang nodded and said: "I have seen it, and there have been orders to prohibit it. After all, the laws and government orders are different."

Li Min continued to ask: "Then why did Bachelor Yuan prohibit the interest agreed on by the twenty-eight villages this time?"

Yuan Jiang replied: "I have just said this, because they did this to resist the policy of the imperial court, not for the sake of the people."

"I don't know what is the basis for the Yuan Bachelor?"

"In fact, this is a common monopoly technique used by businessmen." Yuan Jiang said: "First use low interest rates to make the Green Crop Law impossible to implement. After the court abolishes the Green Crop Law, they will return to the previous high interest rate. Naturally, the government will not allow it." This happens.”

Many people frowned when they heard this. It turned out that this was the case. These big landlords are really cunning!

"Thank you, Bachelor Yuan, for your answer."

Li Min bowed his hands and said to Zhang Fei: "President, I'm done asking."

Zhang Fei looked at Fan Zhen again.

Fan Zhen stood up and said, "About the question Li Erbi just mentioned, I would like to ask President Zhang for advice."

Zhang Fei was stunned for a moment, and said, "What's the problem?"

Fan Zhendao: "Whether the government has the right to prohibit the behavior permitted by the law, this issue involves judicial power, so I would like to ask Judge Zhang what he thinks."

Zhang Fei thought for a while, and said: "Generally speaking, the government has no right to prohibit the behavior permitted by the law, unless there are special circumstances. And this is one of the reasons why the court established the Public Prosecution Law. If the government does this, You must give a sufficient reason, otherwise, you will also be investigated by the Public Security Bureau.

However, I also want to clarify one point, that is, Li Min’s question just now was actually not detailed enough. The question he asked is actually not clearly stipulated in the law. Although this interest is allowed by the law, this The patriarchal law stipulates interest and restricts the behavior of the villagers, which is not explained in the law.

Of course, the chief judge did not mean to favor the defendant when he said this, but I just hope that everyone can clearly understand that the reason why our imperial court opened a trial for this case is not to judge whether an act allowed by the law is legal, but Whether a behavior that is not prohibited but not allowed is legal, because there is indeed a dispute in it, so the imperial court will hold a trial. "

Li Min, Qiu Zhengwen, and Lu Bangxing suddenly looked embarrassed.

Although Zhang Fei explained himself and explained the reason for the trial, he still helped them fill this loophole, obviously to help them.

The judicial principle of this feudal society, for public power, it can be done without the law, but for private power, it can be forbidden without the law.

Therefore, Zhang Fei emphasized that this interest is absolutely allowed, because the law is authorized, but the patriarchal law restricts this behavior of the villagers, which is not authorized by the law, so of course the public authority has the right to prohibit it.

This is in favor of Yuan Jiang.

"Thank you, President Zhang, for your answer."

Fan Zhen cupped his hands and saluted.

Zhang Fei nodded and smiled: "No thanks! If you have no other questions, Mr. Fan can continue to ask questions."

Although Fan Zhen didn't show his face, he regretted a little in his heart. He originally wanted to use this reason to challenge Zhang Fei, but the result was not worth the loss, but this is not a big problem. It can also make up for it, because what Yuan Jiang banned was also the patriarchal clan, not interest, which the government made very clear in advance.

Fan Zhen asked Yuan Jiang again: "Judging from the answer of Bachelor Cai Yuan just now, all this is derived from the Green Crop Method. Could you ask Bachelor Yuan to explain the Green Crop Method."

"Sure."

Yuan Jiang immediately explained: "The Green Miao Law, as the name suggests, is aimed at the period when the people need to rely on loans to survive when they are in the green. It is precisely because of this that many rich and unkind landlords often , using usury to exploit the people, the interest rate is often doubled, or even tripled, making many people unable to repay, so they can only sell their land cheaply and leave homeless.

It was precisely for this reason that the imperial court promulgated the Green Crop Law, lending money to the people at two cents of interest, so as to prevent them from being exploited by usury. "

Fan Zhen asked with a smile: "So this method was born because of the people."

Yuan Jiang glanced at Fan Zhen cautiously, thought for a moment, then nodded and said: "Yes."

I still have some emptiness in my heart.

Fan Zhendao: "Scholar Shicai Yuan also mentioned that the reason why patriarchal clans are prohibited from stipulating interest is because they use the technique of monopoly. Will continue to lend usury."

Yuan Jiang nodded.

Fan Zhendao: "Then let's assume that the government finally allows them to set a one-fifth interest rate. Will the common people benefit from it?"

Yuan Jiang said: "This is only for a while."

Fan Zhendao: "But what I want to ask is why the imperial court is in such a hurry to abolish the Green Crop Law when the common people are benefiting?"