Judge of the Song Dynasty Chapter 624: Questions

Economy!

Economy!

Still the TMD economy!

The fundamental contradiction in the Song Dynasty is finance, nothing else, as long as the finances are done well, then any issue is easy to talk about, rather than fairness and justice. This is why, when the Public Prosecution Law first came out, neither Wang Anshi nor Sima Guang cared about the system itself, including Fu Bi and others, they only regarded the Public Prosecution Law as a tool for political struggle.

It was later with the prosperity of Tokyo's business and the stability of Hezhong Prefecture and the increase in fiscal revenue that many of them felt that this might be the way out for the future, and then they began to pay attention to the public security law.

However, they attach great importance to public security and law, and what they want to pursue is to improve finances.

In fact, every official is very clear in their hearts that the victory or defeat of this struggle does not lie in how many cases the two sides have handled fairly and justly within a year, but in finances. Whoever can reduce the burden on the central government will be the last one. winner.

It's that simple.

Zhao Xu trusts Zhang Fei not because of the public prosecutor's law, but because Qianlong does not use this plan.

Since the goal is very clear, and very simple and rude, then work **** this aspect.

That's why the officials on Jingdong East Road are lent out all the young crop money at all costs to strive for the maximum profit, which is all political achievements.

But if you usually do this, it will naturally cause complaints.

Those officials and landlords are not so easy to talk to.

However, Wang Anshi and Lu Huiqing had already begun to plan for this when Bianliang tried to implement the immunity law, which was to use the panic of Bianliang dignitaries to threaten officials in other regions.

If you don't support my new policy, the Department of Self-declaration and Taxation will come to your door.

Although the immunity law was successful in Bianliang, Wang Anshi knew very well that if this continues, the New Deal will be completely subject to Sima Guang's judicial reform.

However, Sima Guang and the others engaged in judicial reform to oppose the New Deal.

No one else knows about carrying out reforms with a person who opposes the reforms, but Wang Anshi is definitely not so stupid. He never thought of promoting the success of the Bianliang Exemption Law to the whole country.

But at the time, his threat theory was actually not effective.

Because many people think that it is you, Wang Anshi, who included us privileged people in the exemption tax. If you don’t include it, we have nothing to do with any declaration, so you are the culprit. Do you still have the nerve to blame others?

At that time, the number of officials who opposed the new law was still increasing day by day.

However, after the implementation of the Public Prosecution Law in Hezhong Prefecture, local officials gradually realized that this judicial reform is the most terrifying. Once officials lose judicial power, let alone power and money, even their lives are a problem. Facing prosecution from the procuratorate, their relationship is completely unworkable.

Of course, it was the result of Lu Huiqing's hard work that they were able to learn about the situation in Hezhong Mansion so quickly.

Comparing the two, the new method is really fragrant.

Because judicial reform is to limit and divide the power of the government, and at the same time introduce a wave of newcomers to enter the arena, and Wang Anshi's judicial reform is actually following the legalist line. In a sense, it is to strengthen the power of the government , will only hit the interests of the gentry class.

To put it simply, judicial reform is a pure loss for officials, while the new law is just a trade-off between gains and losses for officials.

It must be a new method.

Of course, these officials do not have the firm political ideas of Fan Zhongyan and the others. They were the conservative group before, and what they defended was their own rights and interests. On this basis, they would consider national interests.

However, people like Fan Cunjin, Su Zhe, and Su Shi are all ambitious and have very firm political ideals. They would rather be bound by judicial reform than compromise with the new law.

But this kind of people is a minority after all. Since most local officials support it, the young crop law was implemented very quickly on Jingdong East Road.

We will arrive in Dengzhou soon.

The situation in Dengzhou is similar to that of Jinan Prefecture. First, the young crops are loaned to the villages. If the loan is not much, the government will cooperate with the gentry and landlords to share the young crops money.

After Fan Chunren learned about it, he immediately filed an appeal. This was different from the Young Crops Law, but it was exactly as he expected.

Of course.

It is impossible for the government to judge yourself to be illegal, directly stating that this is a government order, and your judiciary has no right to intervene.

In addition, those big landlords and squires did not mean that they were completely forced. Although they were a little depressed, they all nodded and agreed. If you let the profits out, you don’t lose money.

It's better than the tax department!

On the contrary, the situation in Hezhong Mansion is quite different.

The arrival of Han Jiang has indeed revived the prestige of the government, but it is only a crest, and it will soon pass, and the Young Crop Law will directly become a work-for-relief.

The people who really took the collateral to borrow money all ran to the Ma's Jieku shop.

Compared with the government, everyone still prefers to cooperate with businessmen, at least everyone is equal in status.

This momentum is far inferior to Jingdong East Road, but it is still the same as usual, without causing too many waves, but everyone can clearly feel that the pace is getting faster and everyone is eager to make money.

In particular, the government began to issue small denomination salt notes to the outside world, which further exacerbated this phenomenon.

The situation of businessmen and wealthy households, which had been suppressed for many years, finally began to explode under the protection of the public security law.

In the past, most businessmen did not dare to make money so arrogantly, unless you have a relationship, otherwise, the government will definitely come to your door. Those wealthy households were even more pitiful. In order to avoid being served in the government office, they not only sold their land, but also self-harmed themselves, severed ties with their father and son, and so on.

After the Majia Jieku shop was launched, the land transactions surged rapidly.

Some people want capital to do business, so they sell land, and some people want to become landlords, they buy land.

However, under this superficial calm, there are hidden crises and more acute contradictions.

These people are not stupid, they know very well in their hearts that the Green Crop Law is just a cover-up, and it is not worth mentioning at all. The real threat is always the tax department. Find a way to evade the tax department.

On the river, a small boat slowly passed by, and there were two people sitting in the cabin.

One of them said: "The people in our taxation department live on bonuses. Everyone has already divided the areas, so as not to find one. No one wants to split their bonuses in half."

Another person said: "So my master's land is all in your investigation area?"

"Yes."

"Are you sure no one else will survey my fields?"

"No!"

"Very good! Here is a hundred guan, and two land deeds of 100 mu. Then you can take these two land deeds to the business. After the matter is completed, we will give you another 100 guan."

"Thank you! Thank you! Don't worry, this matter is on me."

Pinglu County.

The two convoys met on a narrow mountain road.

"Brother Hu, why did you make an appointment to do business in this place? Our legitimate business just made you a bandit business."

"Why else, isn't it just to avoid the tax department."

"I've heard that too, but it's fine if you don't sign a contract. Our two families are so familiar that we don't need to sign a contract. We won't come to this barren mountain to trade."

"I heard that the tax secretary is haunted and ruthless, so let's be more careful this year."

"Okay! According to your request, it's all silver."

"It's time to work, because the amount of silver is small, so it's easy to hide."

"Is this tax department really that powerful? Can they know about the transactions hidden in the mountains?"

"The new official takes office three times, but no one wants to pay so much tax, and at the same time, no one wants to be the first bird. Be careful and drive the boat for thousands of years!"

"That's true. In two years, I will probably understand the tactics of the tax department, and then I can prescribe the right medicine."

During the crazy show operations of the Hezhong government government, the imperial court is relatively low-key, but many operations of the imperial court in the middle also confuse the common people. , held the first question-and-answer session of the Public Security Bureau of Hezhong Prefecture.

Held in the main court.

In the morning, the sun was shining brightly, and the surrounding area of ​​the imperial court was now lush and full of birdsong and flowers.

There are huge crowds of people inside and outside the courtyard.

Not only the common people, but all the officials and landlords have come. Although Han Jiang has stabilized the authority of the government, the public security law is already deeply rooted in the hearts of the people, and their every move is still related to everyone's interests.

Han Jiang didn't say that he would ignore the public prosecutor's law, he just wanted to use the government's advantages to suppress the public prosecutor's law.

He also came to the scene in person today, and was soon surrounded by officials.

With his hands in his sleeves, Lu Gongru asked the surrounding officials, "What is the meaning of this quiz?"

Cai Yanqing replied: "It is said that it is to answer some questions raised by the people."

Lu Gongru asked curiously again: "But why did he do that?"

Cai Yanqing shook his head, "I don't know much about it."

He Chunlin snorted softly: "The judge Zhang likes to make publicity and confuse the people. They relied on slandering the government to demonstrate their fairness and justice and deceive the people's trust."

Wei Yingfang and the others also nodded.

Han Jiang frowned and said, "Aren't you going to do this?"

He Chunlin said aggrievedly: "The Han Temple is a clear lesson, and the lower officials are still shouldering the heavy responsibility entrusted by the court. This is not easy!"

The implication is that if we want to become good people, the imperial court will not allow us to be officials!

The Public Security Bureau does not help to make money, it only needs to care about fairness and justice, of course it is simple!

Han Jiang snorted: "You are purely an excuse. The Qingmiao Law is for the country and the people, but you have lost the hearts of the people, and your previous salt debts, salt notes, and salt-making reforms are now all gone." It is a good policy to win the hearts of the people, and it has nothing to do with the imperial court, but now in the eyes of the common people, it is the imperial court that forced you to do this. I really don’t know whether to call you stupid or praise you All of them are high-spirited, indifferent to fame and fortune."

After these words, He Chunlin and the others immediately fell silent.

In retrospect, it seems that this is true. These policies were implemented very smoothly, and the people benefited a lot, and they were all issued by their government.

This!

Why is this happening?

Now they themselves can't figure it out.

Lv Gongru, Cai Yanqing, Wang Shao and others all laughed without saying a word.

They all have a mirror in their hearts.

While chatting, I heard someone say: "Here we come! We come!"

Han Jiang and the others looked back, only to see Zhang Fei, Cao Dongdong, and Su Zhe, the three giants of the public security department, talking and laughing happily, walking out of the lobby, all young and handsome, with extraordinary temperament.

Very eye-catching.

It even made Han Jiang, Yuan Jiang, Lu Gongru and others feel lonely, I am getting old!

Seeing the crowds of people outside, Cao Dongdong was immediately elated, and said in a low voice: "Zhang San, this kind of question and answer meeting should be held frequently."

Zhang Fei said with a smile: "I will take you to do it a few times, and then you will open it yourself, and your police station should be the most frequently opened."

Cao Dongdong hurriedly asked: "How?"

Zhang Fei said: "Because your police station deals with the common people most often, and conflicts are inevitable, you can hold this Q&A session to explain the reasons for some matters that the common people care about, so as to avoid unnecessary misunderstandings .”

Cao Dongdong rolled his eyes, "I understand! I understand!"

Su Zhe glanced at this guy secretly, and smiled secretly, you dude, you are really showing off, once this question and answer becomes a routine, then you royal police will definitely be restrained.

During the conversation, the three of them came to the courtyard.

However, the court has been slightly changed, that is, the chief judge's seat above is covered with a black cloth, and the three of them are sitting in the second row, which is where the Four Little King Kongs sat before.

This is to give everyone a more intuitive impression that the public security law is an equal relationship.

After taking a seat, when the outside gradually quieted down, Zhang Fei in the middle said loudly: "About today's question-and-answer meeting, it will become a routine system of our public security law. There are two reasons. First, because our public security law is a Many people don’t know about the new system. This kind of question and answer meeting is also to increase people’s understanding of the public prosecution law, including how the Royal Police investigates cases, how the Procuratorate exercises its procuratorial power, and the interpretation of our imperial court’s judgment.

The second is to increase transparency. This person is not a sage, and there is nothing wrong with him. We must make mistakes, but compared with ordinary people, we should correct them more quickly, so as not to cause greater consequences, and increase Transparency is to ensure that once we make a mistake, we can get a timely response and maintain communication with everyone to reduce unnecessary misunderstandings. "

Many officials scoffed when they heard the words.

Children behave!

Fake it!

Who can't say beautiful words, but the key is whether they can be done.

What you say now will only make you hard to get off when the time comes.

This is not the way to be an official!

Lu Gongru couldn't help saying with emotion: "This son is better than my generation!"

Guo Kui asked in a low voice: "Why did the magistrate Lu say that?"

Lv Gongru sighed: "Emissary Guo Xuanfu can think about it. If there are regulations in the army in the future, he will answer the soldiers' doubts on a regular basis at any time."

Guo Kui lowered his eyebrows and thought for a while, then waved his hands: "Then I can't do it."

Which soldier has a little less military pay, and then raises doubts, how to answer this, since ancient times, it has been about layer upon layer of exploitation.

This cannot be explained.

Lu Gongru said: "I can't do it either!"

Han Jiang whispered to Yuan Jiang: "It seems that this kid has not changed at all, he likes to be unexpected and unconventional."

Yuan Jiang nodded.

Han Jiang said again: "You have to be more careful in the future, cooperating with this kid will always be a mixed blessing!"

Yuan Jiang sighed: "I'm used to it."

"It's really hard for you."

Han Jiang laughed.

I also heard Zhang Fei say: "However, due to the large number of people, it may take a lot of time to ask and answer questions in person. Therefore, we entrust the Legal Aid Department to collect everyone's questions and answer them. .

Of course, these questions must also be screened, because time is limited, we can only answer some key questions that involve most people and that we can answer. We are not authorized to answer questions on behalf of other authorities.

The following is the answer time, and we, the imperial court, will start first. "

Speaking, he picked up a copy, looked at it, and then looked at everyone with a smile, "It seems that everyone is still very concerned about the previous Qingmiao money. The main problem is that some big landlords did not follow the original The agreement to lend to the villagers at an interest rate of one-fifth, and why the imperial court rejected the government's lawsuit, and why did the imperial court not urge those big landlords to implement the agreement."

The people nodded frequently.

As for those landlords, how anxious they are, this hurdle will be hard to pass, right?

After Zhang Fei finished reading, he put down the copy and looked at everyone again, "Actually, the imperial court has explained these issues to the outside, and today I will explain it again systematically.

Let's go back to the lawsuit first. The cause of the lawsuit was that some country gentry and some landlords reached an agreement through patriarchal law, stipulating that people in their village could only borrow at an interest rate of one-fifth. Then the government issued an injunction prohibiting them from doing so, because the government believed that this agreement was aimed at the young crop law promulgated by the imperial court.

The final judgment of the imperial court is that the government's ban is invalid, but that's all. The principle brought about by this judgment is that the government has no right to prohibit anyone from reaching a legal agreement with anyone, regardless of what their purpose is, whether they are targeting government policies or not, this is not important, and it does not involve The content of this agreement, as long as it is legal, is just like our judgment. The government has no right to interfere, and the imperial court has no right to interfere, because this is just an agreement between private parties. Do you understand? "

Many people nodded slightly.

Zhang Fei continued: "If a landlord fails to effectively abide by the agreement, or directly violates the agreement, only the party involved in the agreement can sue for it. This is like a sales contract, one of the parties did not abide by the contract, If the other party doesn't care and doesn't pursue it, others have no right to intervene, including the government.

This is why the imperial court dismissed the government's lawsuit, because the government was not a participant in it. In the same way, the villagers are not the participants. Although the actions of certain landlords may affect the villagers, the villagers have no right to sue them.

To put it more simply, they are not obliged to lend money to the people at low interest rates, and only participating gentry or other landowners can sue them.

Actually, some squires have come to inquire before, wanting to sue those who are unwilling to borrow money, but according to the content of their agreement, they only agreed on a one-fifth interest, and did not agree that if they face the villagers asking for help, they will Loans must be borrowed. At present, there is no landlord who lends to villagers at an interest rate of more than one-fifth.

Of course, I don't think those opportunistic landlords take advantage of it, because integrity is very important. With this time, no one will trust them next time. The imperial court still hopes that everyone can abide by integrity, but the emperor That's all the court can do. "

The big landlords present didn't panic at all when they heard this. In this day and age, everyone pays attention to contracts, and honesty has a use. Besides, you should borrow or you will borrow, and I don't lack that. point interest money.

A scholar suddenly said: "I understand the meaning of the chief judge, but they agreed on the patriarchal clan system instead of an ordinary contract. The villagers should also be regarded as participants?"

"That's a good question."

Zhang Fei nodded with a smile, and said: "Our imperial court has also carefully considered this, and there are indeed some problems. The patriarchal clan should involve every villager, because the villagers can't divide into five Interest lending, not just binding the parties involved in the agreement, the villagers should have the right to sue, of course, here I want to specifically explain that even if the villagers sue, this lawsuit will definitely lose, because no one has violated this agreement for the time being , they just chose not to borrow, which did not violate the contract.

However, the agreement did not specify the obligations and responsibilities of the villagers from the beginning to the end. Only a few people signed it to express their agreement. In fact, it is very difficult for the imperial court to judge them for breaching the agreement.

At present, the imperial court's positioning of the patriarchal clan is similar to the family law, but if there is a blood relationship between father and son, there is no need to draw up a contract in many matters, and the responsibilities are relatively clear, but the current patriarchal clan is often able to Restraining the villagers of the entire township, they do not necessarily have a blood relationship with each other, it is more like a convention among the people, which leads to unclear responsibilities and obligations. But our imperial court will carry out some improvements on the patriarchal clan. "

Immediately, an old man said: "The state owns the state law, and the family has family rules. The judiciary should not interfere with the patriarchal clan."

Zhang Fei replied: "The problem now is that it is not clear whether this patriarchal law belongs to the family law or the national law?"

The old man was silent.

To be honest, he didn't even know himself.

In fact, this patriarchal clan system is originally a family system. It originated in the era of princes and clans. At that time, the villagers around the big clans were their servants. Of course, they had to abide by their patriarchal clan clan system. The status of the gentry and the common people also changed from domestic servants to tenant farmers, and the relationship between master and servant became a contract relationship. However, the government needed them to manage the countryside, so they continued to give them this power. In fact, it was between the national law and the family law. But this is still in conflict with the Public Prosecution Law, because the Public Procuratorate Law governs everything, and the civil lawsuits and patriarchal clans overlap a lot. Of course, this needs to be adjusted.

Zhang Fei said again: "Of course, the imperial court does not want to abolish the patriarchal clan, but to clarify the relationship between responsibilities and obligations, because as far as I know, the patriarchal clan is only drawn up by a few people, but the people in the entire village are governed by the patriarchal clan." Restraint, and did not clearly formulate the relationship between the responsibility of the patriarchal clan to the person who fulfills the patriarchal clan, there cannot be only restriction without responsibility, this is wrong.”

Many gentry were very dissatisfied with this.

Of course they just want power with as little responsibility as possible.

Anyway, vagueness is the best.

In fact, ambiguity is the rule of man, and the rule of man must respect the law and follow the rules, but the law is vague, so I have the final say on everything, and the rule of law requires clear and clear regulations. The less chance of rule of man.

But the common people are very supportive, and they keep nodding.

It's not easy for the gentlemen to say much.

They knew that if they continued to fight on this issue, they would not get support, and they could only hope that Zhang Fei would talk about the next topic soon.

Zhang Fei did not dwell too much on this, and picked up the second copy, "As for the second type of issue, it is mainly about the contract. The first is liquidated damages. Regarding this point, the imperial court has issued After explaining it, some people still don’t understand why there is a penalty for paying back the money in advance.

Because the law of the rule of law not only protects the legitimate rights and interests of borrowers, but also includes defending the legitimate rights and interests of creditors. It is difficult for the imperial court to judge whether the creditor chooses whether to lend money to the borrower, and how much to lend to the borrower, and whether the age limit is considered in the process. Therefore, the imperial court always believes that the loan period belongs to the legitimate and legitimate rights and interests of both the creditor and the borrower, and must be protected.

On the other hand, if the creditor needs the borrower to repay the money in advance, he may also need to lose some interests and go to the debtor to reach a settlement. At this point, the imperial court must protect the interests of the borrower. In terms of money, the imperial court must also protect the rights and interests of creditors.

However, due to moral standards, repaying the money in advance is morally better than failing to repay the debt, and it is a manifestation of credit. Therefore, the imperial court has given different solutions to deal with such matters.

The borrower can directly refuse the creditor's request to repay the money in advance, and wait until the due date to repay, but if the borrower voluntarily repays the money in advance, the imperial court allows the payment of the prescribed liquidated damages to terminate the contract between the two parties.

Here I want to say one more thing. In a commercial contract, if the contract is terminated early, all losses of the other party must be compensated.

Of course, I still suggest that everyone write it clearly, so as to truly ensure that the interests of the public are not harmed. If it is not clear, the judgment of the imperial court may not satisfy both parties. "

At this time, an old lady suddenly yelled: "Mr. Judge, I also have a question about this contract."

Zhang Fei looked up at the aunt, "What's the problem, aunt?"

"The contract is so important, but I can't read, what if I'm cheated, what should I do?" asked the aunt.

Many people nodded their heads.

Yes yes yes!

This is a big question.

Zhang Fei said with a smile: "Actually, many people have already reported this issue to the Legal Aid Department. Yaren, that is, a third party to read the contract content, and now everyone can also ask Erbi and Chashiren to help."

A young guy immediately said: "But the dentist and the guarantor may also be bought by the other party."

"Yes."

Zhang Fei nodded, "Currently, there is no law that can supervise this aspect. The government still hopes that the gentry and squires can fulfill this important task, but at present, they are not doing well. Therefore, a consideration principle is also being studied.

For example, if the contract stipulates that one penny buys one stone of rice, although the contract is stipulated in this way and both parties agreed voluntarily, the price is obviously problematic and does not conform to the principles of market transactions. In this case, Based on this principle, the imperial court can rule that the contract is invalid.

But this principle is still under preparation, and there are many issues that need to be considered. When some people are in urgent need of money, they may just want to sell it at a low price. However, if this principle exists, then these people may not be able to raise life-saving money. Because no one dared to buy it.

Therefore, we are also considering institutionalizing the guarantor, that is, setting up a notary office outside the Legal Aid Department, which is to provide everyone with notarization of contracts, including estates, etc., but this also takes time to prepare.

Before these systems are perfected, I strongly recommend that you seek help from bookstores and spend a little money to buy peace of mind. At present, bookstores dare not falsify, because once I find out, they will directly withdraw their official documents. "

The people outside the courtyard nodded frequently, and their expressions were moved. The imperial court was still the same imperial court. They really considered their needs and gave a very detailed explanation.

But most of the officials have big heads, you are getting smaller and smaller, and our officialdom is getting more and more difficult to mix.

At the same time, some officials are appreciative, and they are becoming more and more convinced of Zhang Fei's appointment as the chief judge. He can always think of ways to institutionalize some seemingly cumbersome things.

This is definitely an improvement!

"That's pretty much the end of my problem."

Zhang Fei looked at Su Zhe, "Next, Attorney General Su will answer your questions on behalf of the Procuratorate."