amaotonovel Chapter 185
Chapter 185
Chapter 185
"Grandpa, you can be regarded as coming back, that Grand Master Wang has been waiting at home for a long time."
As soon as she got off the carriage, Feng Nanxi greeted her and said to Zhang Fei.
"I see."
Zhang Fei was not surprised by Wang Anshi's arrival.
Entering the hall, Zhang Fei bowed his hands and saluted.!
"okay."
Wang Anshi waved his hand, he never cared about these red tapes, and asked again: "How is the situation?"
Zhang Fei said with a smile: "Everything is relatively smooth at the moment. At least the left hall said they want to discuss it. Obviously they also realize that this lawsuit is related to their interests."
Wang Anshi nodded, and asked again: "Why did you only sue the Kaifeng county government, and not sue Wei Yushan together?"
Zhang Fei explained: "This is to solve a legal issue."
"What legal question?"
"D."
"Ok?"
Wang Anshi looked at Zhang Fei suspiciously.
Zhang Fei said: "As far as the current national situation is concerned, tax evasion like Wei Yushan's is very common. Not only those big landlords, but even ordinary people have tax evasion behaviors. If we face this problem directly in the court, The other party said, everyone is like this now, which will make us passive."
Wang Anshi said: "Isn't this what we expected?"
Why did he support Zhang Fei in this matter? He just wanted to make these big landlords pay taxes!
Simply telling Kaifeng County will not achieve this goal.
Zhang Fei said: "If it is judged by the law, the imperial court will have to pursue the tax money of many, many people, and this will cause very serious conflicts, and it may even bite itself back."
Wang Anshi said: "But in this way, this lawsuit is only against Wang Hong?"
He supported Zhang Fei out of consideration of his own interests, and tax evasion should be the key to the case.
"Not at all, it's secondary."
"is it?"
Wang Anshi expressed doubts.
Zhang Fei didn't answer but asked instead: "Dare to ask Grand Master Wang, if this matter goes to court, how can the Kaifeng county government be convicted?"
Wang Anshi pondered for a while, and seemed to understand a little bit.
Zhang Fei also explained: "To prove that the Kaifeng county government violated the law, we must first prove that the Kaifeng county government's judgment is unfair and a deliberate cover-up.
How to prove this, the only way is to prove that Wei Yushan has indeed committed illegal activities, including tax evasion by Wei Yushan. In this way, the problem of not being held accountable by law can be solved.
Because we package this kind of tax evasion as evidence to argue its authenticity and turn it into an objective fact, instead of directly pursuing its legal responsibility, but if we win, Wei Yushan must be breaking the law. "
Wang Anshi nodded slightly, "I see."
Zhang Fei said: "The only way to solve the problem of the law not to blame the public is not the law, but the policy, which requires the reform of the law by the University of Wang."
He just played a trick and went back to the back of the restricted area of the law to avoid the problem of the law not blaming the public, because in court this problem is bound to be lost, and the only way to plug these loopholes is to rely on policies.
Wang Anshi frowned and said, "But I haven't formulated regulations in this regard yet, I'm afraid it will take some time, so I hope to use this lawsuit to deter those people."
Zhang Fei thought for a while, and said: "If it is said that politics and law are separated, some taxes can be recovered, and the situation of tax evasion can be alleviated."
Wang Anshi hurriedly said, "How do you say that?"
Zhang Fei said: "If politics and law are separated, the administration will lose its judicial power. For example, many big landlords evade taxes. They all have means. In other words, they are taking advantage of legal loopholes. If you need to produce evidence, then this is a judicial issue, and the administration has no power to judge the law, so you can sue individuals to recover taxes.
Although many people evade taxes, they must be reported first, and the scope of attack is very limited. This is also a means to avoid the law and blame the public. Although this cannot fundamentally solve this problem, it can also deter those people. big landowner. "
Wang Anshi glanced at Zhang Fei and said with a smile: "In this way, you will earn a lot of money."
Zhang Fei giggled guiltily: "There are so many pens in Tokyo, you don't necessarily have to look for me."
Wang Anshi said with a half-smile, "You really have a good brain. If you make such a big circle, you can not only take revenge on Wangzhi County, but also benefit from it."
Of course, this is just Zhang Fei's suggestion. It is easy to say, but it is not easy to operate.
For example, in this undecided lawsuit, it is easy to talk about it on paper, but it is not so easy to operate.
As far as the current system is concerned, except for the Judicial Court, Dali Temple, Yushitai, Jianyuan, and Tixingsi, these judicial departments are directly under the emperor and are not subject to administrative constraints. Chief Executive.
The prefect is the highest judge in a state.
The magistrate is the highest judge in a county.
It has been like this since ancient times.
This involves the following offenses.
This is a taboo in official circles.
If you don't pay attention, you will lose yourself.
And Lu Jiawen dared to play like this, it was because he was an eighth-rank petty official, and this was already the lowest level, and he couldn't go down anywhere, and if he disappeared, he would disappear.
But Cen Yuanli and Yu Zaishen did not dare to be so casual.
It's not easy for them to get to this position!
But power? Who doesn't want it.
They reported the matter to the provincial government at the first time, and at the same time spread the matter.
"It's still the prefect who has the foresight. The board can't deter that kid."
Li Kai came to the hall and let out a long sigh.
Lu Gong said in surprise, "Who are you referring to?"
Li Kaidao: "Who else is there, isn't it Zhang San?"
Lu Gong immediately asked, "What did he do?"
Li Kaidao: "A letter came from the left hall just now, Zhang San was hired by the Si Li Yuan to sue the Kaifeng County Government on behalf of the Si Li Yuan."
".?"
Lu Gong didn't seem to understand, he was stunned for a moment, and then asked: "The Si Li Yuan sued the county government?"
"Yes."
Li Kai nodded.
Duke Lu asked, "Can this be sued?"
Li Kai hesitated for a while, then shook his head: "I don't know either."
Never encountered ah!
This kid is really.
If you want to sue, sue as soon as you want, every time it is so mysterious, are you arguing, or are you teaching us magistrates?
It's purely making things difficult!
Outrageous.
Lu Gong took a deep breath and asked, "What crime did he accuse?"
"It's because of human crime."
With that said, Li Kai handed the pleading paper to Lu Gong for writing.
Lu Gong frowned when he heard that, "He is going to take revenge on Wangzhi County!"
Li Kai nodded: "I think so too."
This is the crime of man, which is a crime specifically aimed at judges.
This is also a very important legal thought, which also includes a complete judicial system.
There are four crimes in total, "crime of entering a person because of it", "crime of leaving a person because of it", "crime of losing a person", and "crime of losing a person".
Therefore, the crime of entering a person: refers to a judge who deliberately convicts an innocent person, or imposes a heavy sentence on a minor crime.
Therefore, the crime of committing a person: refers to a judge who deliberately acquits a guilty person, or gives a light sentence.
That Wang Hong directly dismissed the conviction of the Si Liyuan, of course, he can quote this article.
The crime of dehumanization: Refers to the judge's mistake in convicting an innocent person or giving a heavy sentence to a person for a misdemeanor.
Misdemeanor crime: Refers to the judgment of a guilty person not guilty by a judge's mistake, or a light sentence.
The key lies in reason and loss, exit and entry, one is intentional, the other is mistake, one is guilt, and the other is guilt.
Among them, the "crime of inhumane crime" is almost never held accountable by judges, because it is in line with the judicial tradition of "rather killing the innocent than killing the innocent".
In other words, it is better to violate the current law than to wrong the innocent.
Human life is at stake, and death cannot be redeemed. If in a death penalty case, the judge may misjudge it, at least it means that there are doubts in the middle. In this case, it is understandable not to sentence the death penalty.
The "crime of intrusion into a person" is to wrongly convict someone or give him a heavy sentence. If the death penalty is involved and there are two prisoners, the least is dismissal for investigation.
But if it involves "crime of entering and leaving", it will be a heavy sentence.
Because this is intentional!
The Song Dynasty was very strict with the judiciary.
For example, "crime against others".
There are special regulations in the criminal system of the Song Dynasty to explain: If a person is convicted of a crime in all lawsuits, if it is a total crime, it will be considered a total crime.
The meaning is simple and clear. If a judge deliberately sentences an innocent person to death, then the judge will be sentenced to death directly.
If you impose a heavy sentence on a minor offender, it is a subtraction. Originally exiled for one hundred miles, if you deliberately sentence you to five hundred miles, the judge will sentence you to exile for four hundred miles.
"Crime of causing others" is also a heavy punishment, but there is a key point in this charge, that is, it is impossible for a judge to deliberately acquit a person who has committed a felony. .
But no matter what, the penalty is also very heavy.
Therefore, when Mr. Lu heard it, Zhang Fei sued for the "involuntary crime", that is, he wanted to kill Wang Hong. Once he was successful, he would be dismissed and investigated.
"Jia asked?"
Lu Gong looked at the pleading paper and was dumbfounded, "How did the two of them get together?"
Li Kai asked in a low voice: "Does the magistrate not know?"
When he saw Lu Jia asking, he wondered in his heart whether Mr. Lu might be the mastermind behind the scenes.
Lu Gongzhu immediately said: "Of course I don't know. No, I have to ask that brat first."
He was born in the Lu family of Donglai, and their Lu family was in the Song Dynasty, and they were at least the top three noble families.
It is said in history that "the Lu family is more in charge of the country, and there are three generations and four people. The prosperity of the family is unprecedented."
Their ancestors were already at the level of Dukes in the Later Tang Dynasty.
Lu Gong wrote his father Lu Yi's bamboo slips, but he was a famous figure of his generation, and he was listed as one of the "24 heroes of Zhaoxun Pavilion".
The eldest brother Lu Gongchuo is also the right to know Kaifeng, a bachelor of Longtuge, and a direct bachelor of the Privy Council.
The second elder brother, Lu Gongbi, even served as a privy envoy in the Renzong Dynasty and was also a prime minister.
Lu Gong wrote that he would most likely reach the level of prime minister, but anyone who has served as the governor of Kaifeng is generally a candidate for prime minister.
This Lu Jiawen is the grandson of his elder brother Lu Gongchuo.
One can imagine how terrifying it would be for the Lu family to have a family meeting.
A room full of ministers, judges, and prime ministers.
Fortunately, Lu Gongbi and the others are not in the capital for the time being, only Lu Gong is the grandparents.
When he got home, Mr. Lu called Lu Jiawen over.
Lu Jiawen, who was only in his early 20s, knelt in the hall, but he had no fear on his face, and he straightened his back, looking directly at Lu Gong who was sitting in the front seat.
"Why did you do this?" Lu Gong asked angrily.
Lu Jia asked aggrievedly and replied: "Does Grandpa also think that this case is the result of grandson's fault?"
Lu Gong snorted and said: "Don't confuse the public in front of this old man. If you think it's unfair, you can appeal to the imperial court or the Kaifeng government. Why did you join Zhang San and sue the Kaifeng county government in the name of the Siliyuan?"
Lu Jiawen looked excited and said: "That's because when my grandson had a dispute with the magistrate of Wang County, he once humiliated my grandson, saying that if my grandson didn't rely on his family background, he would not even be able to serve as a judicial officer, so he denied his judgment. If he appeals , even if it succeeds, they think that the grandpa and uncles are taking care of the grandson, so the grandson decides to appeal on his own."
Lu Gong calmed down a little, and said, "Why did you find Zhang San again?"
Lu Jia asked and answered: "This lawsuit is only Zhang San who dares to take it."
Lu Gong wrote again and asked: "Then why did you sue the county government in the name of the Siliyuan?"
Lu Jia asked: "This is Zhang San's idea. He said that such a lawsuit would be easier to succeed, because the Judicial Bachelor is implementing administrative and legal reforms."
Lu Gong said furiously: "It seems that you are not stupid, but stupid. He has already told you the truth, but you still promised him. Do you know that if he tells you like this, it will provoke a fight between the officials. "
Lu Jia asked and answered: "The grandson agreed to him, not because the grandson is stupid, but because the grandson also supports the separation of politics and law, so why did he punish Er Bi of the Bianjing Law Firm a few days ago in Wangzhi County? It is because he is worried that these pens will affect his collection of taxes. This is related to his political achievements, but as far as the judiciary is concerned, it is obviously unfair for him to make such a sentence.
The grandfather often warned his grandson that an official should be fair and strict. Although Zhang San has his own plans, he, like his grandson, will not encounter injustice. What is wrong with his grandson seeking justice together with him? "
Mr. Lu obviously did not expect that Wang Anshi was the mastermind behind the scenes, because it would benefit Sima Guang. He said, "Do you think you can sue? It is ridiculous that the Sili Yuan sued the county government."
Lu Jia asked, "At least the left court didn't dismiss Sun'er's lawsuit."
Mr. Lu frowned slightly, and suddenly realized this problem, such an outrageous thing, the left hall did not reject it, and reported it, and immediately reacted enough, he couldn't help cursing, where did that brat jump out, at such an age, Know how to manipulate power.
Glancing at Lu Jia again, he asked, "If grandpa asks you to withdraw the lawsuit, will you agree? And grandpa assures you that you will get justice."
He agreed with Lu Jiawen's argument, but he did not agree with his method of appeal.
Lu Jia asked, "If grandpa is right, grandson will naturally obey grandpa."
Lu Gong stared at him: "Your boy has only known Zhang San for a few days, and you have learned a lot about his speech skills."
Lu Jiawen excitedly said: "Grandson never feels that his eloquence is inferior to Zhang San, but grandson has no chance to show it."
There is a small mistake in the previous article, Lu Gong wrote not the uncle of Lu Jiawen, but the third grandfather of Lu Jiawen.Lu Jiawen is the grandson of Lu Gongzhuo, the elder brother of Lu Gongzhuo.
(End of this chapter)