Judge of the Song Dynasty

It was 1068, Year 1 of the Xining era. Emperor Zhao Xu had recently ascended the throne of the Song dynasty. The widely respected old-guard of civil officials, Ouyang Xiu, Han Qi, and Fu Bi, were i...

Chapter 185: Detour to the Forbidden Zone

"My benefactor, you are finally back. The Grand Secretary Wang has been waiting for you at home for quite some time."

As soon as he got off the carriage, Feng Nanxi came over and said to Zhang Fei.

"I see."

Zhang Fei was not surprised by Wang Anshi's arrival.

After entering the hall, Zhang Fei bowed...!

"Okay."

Wang Anshi waved his hand. He never cared about these red tapes. He asked again: "How is the situation?"

Zhang Fei smiled and said, "Everything is going smoothly at the moment. At least the Left Office said they want to discuss it. Apparently they also realize that this lawsuit concerns their interests."

Wang Anshi nodded and asked, "Why did you only sue the Kaifeng County Government, but not Wei Yushan as well?"

Zhang Fei explained: "This is to solve a legal problem."

...

...

"What legal issue?"

"The law does not punish the masses."

"Um?"

Wang Anshi looked at Zhang Fei in confusion.

Zhang Fei said: "Based on the current situation across the country, tax evasion like Wei Yushan's is very common. Not only the big landlords, but even ordinary people evade taxes. If we confront this issue in court, the other party will say that everyone does this now, which will put us in a passive position."

Wang Anshi said: "Isn't this what we expect?"

The reason why he supported Zhang Fei in this matter was that he hoped to make these big landowners pay taxes!

This goal cannot be achieved by suing Kaifeng County alone.

Zhang Fei said: "If we use the law to judge, the court will have to pursue the tax money of many people, which will cause very serious conflicts and may even backfire on us."

Wang Anshi asked, "But in this case, this lawsuit is only against Wang Hong?"

He supported Zhang Fei out of his own interests, and tax evasion should be the key to this case.

"Not at all. This is secondary."

"Yeah?"

Wang Anshi expressed doubts.

Zhang Fei did not answer but asked: "May I ask Grand Secretary Wang, if this matter is brought to court, how can the Kaifeng County Court be convicted?"

Wang Anshi pondered for a moment and seemed to understand something.

Zhang Fei further explained: "To prove that Kaifeng County Court violated the law, we must first prove that the judgment of Kaifeng County Court was unfair and a deliberate cover-up.

How to prove this? The only way is to first prove that Wei Yushan did commit illegal acts, including tax evasion. In this way, the problem of not holding everyone accountable can be solved.

Because we packaged this tax evasion into evidence, debated its authenticity, and made it an objective fact, instead of directly pursuing its legal responsibility. But if we win, Wei Yushan must have violated the law. "

Wang Anshi nodded slightly, "I see."

Zhang Fei said: "The only way to solve the problem of the law not holding everyone accountable is not the law, but the policy. This requires Wang Daxueshi to reform the law."

He just used a trick to go around the legal forbidden zone and avoid the problem of the law not holding everyone responsible, because if he brought this issue to court, he would definitely lose. The only way to plug these loopholes is to rely on policies.

Wang Anshi frowned and said, "But I haven't formulated any 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 we separate politics and law, we can also recover some taxes and alleviate the situation of tax evasion."

Wang Anshi hurriedly asked, "What do you mean?"

Zhang Fei said: "If politics and law are separated, the executive will lose the power of adjudication. For example, many large landowners evade taxes by means of tricks. In other words, they exploit legal loopholes. On the surface, it is not illegal. To recover taxes, evidence must be produced. This is a judicial issue. The executive does not have the power to rule, so it can recover taxes by suing individuals.

Although many people evade taxes, someone has to report them first, so the scope of the crackdown is very limited. This is also a means to avoid the law of not punishing the masses. Although this cannot fundamentally solve the problem, it can also deter those big landowners. "

Wang Anshi glanced at Zhang Fei and said with a smile: "This way, you will make a lot of money."

Zhang Fei smiled guiltily: "There are so many spies in Tokyo, they don't necessarily have to find me."

Wang Anshi smiled and said, "Your brain is really good. After going through such a big circle, you can not only take revenge on Magistrate Wang, but also benefit from it."

Of course, this is just a suggestion from Zhang Fei. It is easier said than done.

For example, this lawsuit, the outcome of which has yet to be determined, is easy to say on paper, but not so easy to implement in practice.

As far as the current system is concerned, except for the Court of Justice, the Supreme Court, the Censorate, the Court of Remonstrance, and the Ministry of Justice, which are directly under the emperor and not subject to administrative constraints, the rest of the judicial departments all obey the orders of the highest administrative chief.

The prefect is the highest judge in a state.

The magistrate is the highest judge in a county.

This has been the case since ancient times.

This involves the act of insubordination.

This is a big taboo in officialdom.

If you are not careful, you will lose yourself.

The reason why Lu Jiawen dared to do this was because he was just an eighth-rank official, which was already the lowest level. He could not be demoted any lower, so if he was gone, he was gone.

But Cen Yuanli and Yu Zaishen didn't dare to be so casual.

It is not easy for them to get to this position!

But power? Who doesn't want it?

They reported the matter to the provincial government as soon as possible and spread the news at the same time.

......

"The prefect is indeed foresighted. The stick can't scare that kid."

Li Kai came into the hall and let out a long sigh.

Lu Gong was surprised and asked, "Who are you referring to?"

Li Kaidao: "Who else could it be? It's Zhang San."

Lu Gong immediately asked: "What did he do again?"

Li Kai said, "Just now, a message came from the Left Office that Zhang San was hired by the Siliyuan to sue the Kaifeng County Government on behalf of the Siliyuan."

"......?"

Lu Gong seemed not to understand and was stunned for a moment before asking, "The Court of Justice is suing the county government?"

"Yes."

Li Kai nodded.

Lü Gong asked, "Can I sue for this?"

Li Kai hesitated for a while and shook his head: "I don't know either."

Never encountered it!

This kid is really...

If you want to sue, just sue. Why do you make it so mysterious every time? Are you disputing a lawsuit or giving us prefects a lesson?

It's just a way to make things difficult for you!

How could this be possible?

Lu Gong took a deep breath and asked, "What crime did he accuse of?"

"So it's people's fault."

As he said that, Li Kai handed the petition to Lu Gongzhe.

Lu Gong frowned when he heard this, "He wants to take revenge on Magistrate Wang!"

Li Kai nodded: "I think so too."

This is a crime specifically aimed at judges.

This is also a very important legal idea, which also includes a complete judicial system.

There are four crimes in total: "intentional crime of entering someone", "intentional crime of leaving someone", "accidental crime of entering someone", and "accidental crime of leaving someone".

To convict someone intentionally: refers to the judge intentionally convicting an innocent person, or giving a heavy sentence to someone who has committed a minor crime.

To intentionally acquit someone: refers to the judge intentionally acquitting a guilty person or giving him a light sentence.

If Wang Hong directly rejected the conviction issued by the Court of Justice, he could of course cite this clause.

Accusation of wrongful conviction: refers to a situation where a judge mistakenly convicts an innocent person, or gives a heavy sentence to a person who has committed a minor crime.

To acquit a person by mistake: refers to a judge mistakenly acquitting a guilty person or giving him a light sentence.

The key lies in intention and error, entry and exit. One is deliberate, the other is a mistake. One is a acquittal, the other is a conviction.

Among them, the judges are almost never held accountable for "accidental crimes", because this is in line with the judicial tradition of "it is better to let an innocent person go unpunished than to kill him".

In other words, it is better to violate existing laws than to wrongly accuse innocent people.

Human life is of paramount importance and once a person is dead, he cannot be saved. If in a death penalty case, there is a possibility that the judge made a wrong judgment, it at least shows that there are doubts. In this case, it is understandable not to sentence the person to death.

"Mistaken conviction" means wrongly convicting someone of a crime, or giving a heavy sentence. If it involves a death penalty case and there are two criminals, the lightest punishment is dismissal from office and investigation.

But if it involves "deliberate entry and exit crime", the sentence will be severe.

Because this is intentional!

The Song Dynasty was very strict in its judicial system.

For example, "intentionally committing a crime against others".

There is a special regulation in the Song Dynasty Criminal Code that explains: If the officials accuse people of a crime, they will be charged with the full 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 give a heavy sentence to someone who has committed a minor crime, that is subtraction. If the original sentence is exile of 100 miles, but you deliberately sentence him to 500 miles, the judge will sentence him to exile of 400 miles.

"Intentionally acquitting someone" is also a severe punishment, but there is a key point in this crime, that is, it is impossible for a judge to intentionally acquit a person who has committed a serious crime. He must have received benefits. This involves favoritism, abuse of power, and corruption and bribery.

But no matter what, the penalty is very severe.

Therefore, when Lu Gong heard that Zhang Fei was accusing Wang Hong of "deliberately accusing someone of a crime", he knew that he wanted to put Wang Hong to death. Once the accusation was successful, the lightest punishment would be dismissal from his post and investigation.

"Jia asked?"

When Lu Gong saw the complaint, he was stunned. "How did the two of them get together?"

Li Kai asked quietly, "Doesn't the prefect know about this?"

When he saw Lu Jia asking, he wondered in his heart whether Lu Gongzhe was the mastermind behind the scenes.

Lu Gongzhe immediately said, "Of course I don't know. No, I have to go find that brat and ask him first."

He was born into the Donglai Lu family, which was at least one of the top three aristocratic families in the Song Dynasty.

History records that "the Lu family took over the government of the country for four generations in three generations, a great success that has never been seen before."

Their ancestors were already at the rank of duke during the Later Tang Dynasty.

Lu Gong and his father Lu Yijian were famous prime ministers and were listed as one of the "Twenty-four Meritorious Officials of Zhaoxun Pavilion".

The eldest brother, Lu Gongchuo, was also the acting governor of Kaifeng Prefecture, a scholar of Longtu Pavilion, and a direct scholar of the Privy Council.

The second elder brother, Lu Gongbi, even served as Privy Councilor and Prime Minister during the reign of Emperor Renzong.

Lu Gong thought that he would most likely reach the level of prime minister. Anyone who had served as the acting governor of Kaifeng Prefecture was generally a candidate for prime minister.

This Lu Jiawen is the grandson of his elder brother Lu Gongchuo.

It is conceivable how horrible it is for the Lu family to hold a family meeting.

A room full of ministers, judges, and prime ministers.

Fortunately, Lu Gongbi and his men are not in the capital for the time being, so Lu Gongzhe is the only one of my grandfather's generation left.

After returning home, Lu Gong called Lu Jiawen over.

Lu Jiawen, who was only in his early twenties, was kneeling in the hall, but there was no fear on his face. He stood straight and looked directly at Lu Gongzhe who was sitting in the main seat.

"Why are you doing this?" Lu Gong asked angrily.

Lu Jiawen replied with grievance: "Grandpa, do you also think that I made a wrong judgment on this case?"

Lu Gong snorted, "Don't confuse me in front of me. If you feel it's unfair, you can appeal to the court or Kaifeng Prefecture. Why did you team up with Zhang San and sue Kaifeng County in the name of the Siliyuan?"

Lu Jiawen said excitedly, "That's because when my grandson was arguing with Magistrate Wang, he humiliated me, saying that if it weren't for my family background, I wouldn't even be able to serve as a judicial officer. He used this to deny my grandson's judgment. If I appeal, even if I succeed, they will think that it was my grandfather and uncles who were taking care of me, so I decided to appeal myself."

Lu Gong's expression eased a little and he asked, "Why did you find Zhang San again?"

Lu Jia replied: "Only Zhang San dares to take this case."

Lu Gongzhuo asked again: "Then why did you sue the county government in the name of the Siliyuan?"

Lu Jia asked, "This was Zhang San's idea. He said that it would be more likely to succeed if we sue this way because the Judicial Academy is implementing administrative law reforms."

Lu Gong was furious and said, "It seems that you are not stupid, but foolish. He has already told you the truth, but you still agreed to it. Do you know that if he tells you this, it will provoke a fight between officials?"

Lu Jia answered, "My grandson agreed to it, not because he is stupid, but because he also supports the separation of politics and law. Take County Magistrate Wang for example. Why did he punish the spies of the Bianjing Law Firm a few days ago? Wasn't it because he was worried that these spies would affect his collection of taxes? This is related to his political achievements. But in terms of justice, his judgment is obviously unfair.

Grandpa often tells his grandson that officials should be fair and strict. Although Zhang San has his own plans, he has not suffered injustice like his grandson. What's wrong with his grandson seeking justice with him? "

Lu Gongzhu obviously did not expect that Wang Anshi was the mastermind behind the scenes, because this was beneficial to Sima Guang, and said: "Do you think you can sue? The Court of Justice sued the county government, how ridiculous it is."

Lu Jia asked, "At least the Left Office did not dismiss my grandson's lawsuit."

Lu Gong frowned slightly, and suddenly realized the problem. Such an outrageous thing was not rejected by the Left Office, but reported it. He reacted immediately and couldn't help cursing inwardly, wondering where that brat came from. At his age, he knew how to manipulate power.

He looked at Lu Jia again and asked, "If Grandpa asks you to withdraw the lawsuit, will you agree? And Grandpa promises you that you will seek justice."

He agreed with Lu Jiawen's argument based on reason, but he disagreed with his way of appeal.

Lu Jia asked: "If what grandpa said makes sense, I will naturally listen to you."

Lu Gong glared and said, "You have only known Zhang San for a few days, but you have learned a lot from his rhetoric."

Lu Jiawen said excitedly: "My grandson never thought that his eloquence was inferior to Zhang San, but I just didn't have the opportunity to show it."