Northern Song Dynasty Justice

Chapter 138

Chapter 138

After explaining the matter, Zhang Fei and Xu Zhiqian went home. As for the celebration banquet, he could eat the pens by himself, and he was responsible for paying the bill.

For Zhang Fei, now is not the time to celebrate.

The first thing I did when I got home was to discuss with Xu Zun.

"Introduction to breaking the law?"

Xu Zun was also slightly surprised.

Zhang Fei has been mentioning that this case will be used to legislate. At that time, he was also very curious about how you, Erbi, would legislate.

But he never expected that Zhang Fei was trying to break the law by citing the law.

"Yes." Zhang Fei nodded and said, "I don't know what benefactor thinks?"

Xu Zun stroked his beard, pondered for a while, and said: "Actually, there has been a practice of breaking laws by introducing laws since ancient times. For example, Qin's "court act" and Han's "comparison of decisions" all use cases to assist judgment. There are benefits of cheapness, but there are also sources of disaster.

For example, in the late Han Dynasty, many treacherous officials cleverly used examples to judge cases, played tricks, deceived their superiors and concealed their inferiors, embezzled and accepted bribes, or quoted heavy cases for minor crimes, or cited light cases for serious crimes, or cited cases for minor crimes. Not citing, but forcefully citing without precedent, led to the collapse of the entire legal system at that time. Therefore, the decree was once abolished in the Tang Dynasty. Although our dynasty had it, it was used with caution. "

The implication is that it is still not in favor of citing exceptions and breaking the law.

Because of the ratio of judgments in the Han Dynasty, there was a big problem, that is, there were too many precedents, resulting in different precedents for the same type of cases.

This gives corrupt officials many opportunities.

When the money is in place, a lighter case will be cited.

If you don't give it, you will get it to death.

Many cases are also not bad, how can the common people understand.

Although there were regulations in the Song Dynasty, the regulations were rarely used, and amnesties were generally used.

This amnesty refers to the emperor's instructions on the case, which are then sorted out by the Dali Temple and the Ministry of Punishment to form an amnesty order, and then promulgated to the world.

Compared with the example, this pardon has great limitations, because it must be approved by the emperor himself, and there are not many in a year.

Zhang Fei nodded and said: "Your benefactor is right, but everything has its pros and cons, and the law is the same. I think the current situation in our court, if we can introduce an example to break the law, the benefits far outweigh the disadvantages!"

Xu Zun asked, "How do you say that?"

Zhang Fei said: "The biggest advantage of introducing laws and breaking the law is that it can make the law full of vitality and keep pace with the times. Have you ever thought about why piracy would become a problem in our dynasty, not in the Tang Dynasty or the Han Dynasty. "

Xu Zhiqian said: "Maybe it's because my printing skills have been greatly improved."

"Be confident and remove maybe."

Zhang Fei also said: "With the improvement of technology, the convenience of transportation, and the vitality of commodities, a large number of new problems will arise. It is difficult for the imperial court to formulate a large number of laws and regulations to deal with these new problems in a short period of time. If this At the right time, it is possible to introduce laws and regulations to facilitate the governance and development of the country.”

Xu Zun asked: "Although what you said is reasonable, how can we eliminate its disadvantages?"

Zhang Fei said: "I have also studied the Han Dynasty's decision-making ratio, and there are two main reasons for it. First, the Han Dynasty's guidelines were corrupted at that time. Under this premise, no matter whether the laws were cited or not, the laws and regulations would be corrupted.

Second, there are too many 'ratio' later.We can learn lessons and formulate regulations carefully. For example, any regulations need to be reviewed by the Dali Temple, the Ministry of Criminal Justice, the Trial Court, and even the officials before deciding whether to promulgate them, and it can be done every few years. one revision. "

Xu Zun frowned and said, "Even so, it may not be possible to completely avoid the disadvantages."

Zhang Fei said: "What if it is combined with the judicial reform of Sima University?"

Xu Zhiqian opened her beautiful eyes, "You didn't plan it long ago, did you?"

Isn't Zhang Fei the main suggestion for judicial reform?Did she already think about it?

Xu Zun also looked at him suspiciously.

Zhang Fei did not deny it, "I had this consideration in mind, and just happened to encounter this case again, so I thought why not follow the trend."

At this point, he paused for a while, and said: "In addition, it is not only the judicial reform. The reform of the Wang University Scholar is already on the verge of coming out, and it may cause many new problems at that time. If we can introduce laws and break the law, it will be able to bring us to the legal system. Resilient enough to deal with some of the problems brought about by the new law."

Xu Zun couldn't help frowning.

indeed!

Wang Anshi's reform is imminent, if the judiciary is backward, many problems may arise.

Just like this pirated printing, it cannot be judged.

It has to be stuffed under the crime of "making jackets, books and jackets".

Although there are some disadvantages in citing laws and regulations, most of the disadvantages can be avoided if we cooperate with judicial reform.

After thinking twice, Xu Zun nodded and said, "I'll mention it then and see how they react."

In fact, Zhang Fei’s proposal to introduce laws and regulations was not impulsive, but because he had studied the laws of the Song Dynasty. The introduction of laws and regulations appeared in the Xining period, but it did not happen actively, but happened passively. The reason is also very simple. It is Wang Anshi's reform.

Wang Anshi's reform is comprehensive, and it has also caused many judicial problems.

Ordinary legislation has a great lag, and Wang Anshi's reform is urgent, fast and violent.

In the end, it can only be used to break the law.

However, because it was a forced act, it later became too many, which caused a lot of impact on the judicial system.

It can be seen that it is inevitable to use the law to break the law.

Since it is inevitable, it is better to take the initiative.

This can also be more standardized.

Of course, this is very beneficial to the people of Erbi, and Zhang Fei can also use the case to file a lawsuit at that time.

However, you have to create problems first. It is impossible to go to the court for no reason, clamoring to introduce regulations to break the law, and no one will answer you!

As Zhang Fei said, "change" is the most difficult thing in the world.

Changes will inevitably hurt many vested interests.

The next day, afternoon.

Kaifeng House.

"Prefect, Huang Tuiguan, the right-hand man, handed over a piece of paper just now."

Huang Gui reported.

Lu Gong, who had just had a lunch break, was still a little sleepy. Hearing this, he cheered up immediately, and asked a little surprised: "What is the big case? How did the Huang Tui officer's pleadings come to you?" Come here, sir."

That is the lowest level of court, I am here is the highest level of court, leapfrog!

It's not a big case, so you can't do that!

Huang Gui explained: "This pleading paper was handed over to Mr. Youxiang by Qiu Zhengwen from Bianjing Law Firm."

As soon as Mr. Lu heard about this law firm, one head and two big, the degree of recognition was too high, he clicked his tongue: "They finally got back to normal, knowing that they ran to the right wing, why did they come to me again?" , Do they think that I, Lu Gong, is Zhang San's special magistrate? It's really unreasonable."

He wanted to hide last time, but he didn't succeed in hiding. Today, the other party figured it out and stopped disturbing him, so he turned to him.

Can he not be angry?

Huang Gui said embarrassingly: "The prefect calm down, because this pleading paper is related to the lawsuit that was fought yesterday, so they dare not make a judgment lightly, and the prefect can only decide."

Lu Gong frowned when he heard that, "Where's the pleading paper?"

Huang Gui quickly handed over the pleading paper.

After Lu Gong took it and read it, he immediately patted the table, "I know it's not that simple."

Huang Guidao: "Prefect, the charges in this case are special, and Mr. Xiang has to treat them with caution, but Su Shi's case is exactly the same as this case. If Mr. Xiang decides otherwise, it may affect the authority of Kaifeng Mansion. But if the verdict is followed, it is estimated that all the booksellers in Bianjing will be sued, and almost all of those big booksellers have pirated the collection of poems by Prime Minister Yan."

Lu Gong wrote with a sigh, "Not only that, but in Su Shi's case yesterday, I just made a judgment based on a special case, but if there are more such cases, I will use my judgment as an example to give a judgment, which is obviously not right. It is in line with the penalty for the crime of making jackets, books, and jackets, so isn’t this a violation of the law.”

The lightest punishment for making jackets, books and jackets is sixty sticks.

But yesterday's verdict was for this crime, but it temporarily pardoned him from the cane sentence, and at the same time sentenced the defendant to pay the plaintiff compensation.

There is no penalty for this crime.

Of course, the prefect has the power to make special judgments based on the actual situation.

If it's just a case, that's fine.

But if everyone cites this special judgment and gives the same judgment, it is obvious that this precedent takes precedence over the legal text.

It became a rule of law.

Huang Gui said with a sad face: "If you don't introduce an example to break the law, I'm afraid it will cause more troubles. First of all, those booksellers will have to be punished with a stick. Moreover, these two cases are exactly the same. The magistrate has already issued a verdict. If the right Mr. Xiang gave a different verdict, I'm afraid it will attract criticism."

"This stinky boy!"

Lu Gong couldn't help gnashing his teeth with hatred, and suddenly, he frowned, "But why did he do this? Could it be that he deliberately made things difficult for me?"

Huang Guidao: "The lower officials just heard that the contract signed between Su Shi and Zhang San stipulates that the compensation for this case shall belong to Zhang San."

Lu Gong said: "That is to say, he is going to do business in printing books?"

Huang Gui nodded and said, "There is a possibility."

Lu Gong wrote furiously: "So he wants to use this official to get those bookstores for nothing."

".!"

It was also the first time for Huang Gui to encounter such a thing, and he didn't know what to say.

Lu Gongzhu suddenly felt that this matter was beyond his scope of authority, and he couldn't make the decision himself, "I'll go to Junshi and the others to discuss it first."

On the same day, he went to the trial court to find Sima Guang, and discussed with him how to judge the case.

Sima Guang thought yesterday that this case is not that simple, he was still thinking about it just now, when he heard about this case, he knew that Zhang Fei was playing tricks again.

He didn't believe that Zhang Fei was just doing it for a few bookstores.

Sima Guang said that he had never encountered such a thing before, so he had to study it and let Lu Gong write it down first, and hold a meeting when the time comes to discuss it in detail.

After Duke Lu left, Sima Guang immediately invited Xu Zun.

After pretending to think about it, Xu Zun said: "This case is based on the foolish opinion of the officials, and the only way to break the law is to quote a law."

Citing an example to break the law?It turned out that the boy wanted to use the law to break the law and intervene in the court's legislation.

Sima Guang reacted immediately, but he did not show his expression, and asked: "Xu Sishi is familiar with the ancient and modern laws, and he should also know that there will be many problems in breaking the laws."

Xu Zun immediately told Sima Guang about Zhang Fei's rhetoric yesterday.

After hearing this, Sima Guang couldn't help frowning, yes!Then Wang Jiefu wants to change the law, he changed the law, no matter how much I try to reform the judiciary, it is difficult to rely on the law to restrict him!The only way to counteract it is by breaking the law.

(End of this chapter)