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...
In fact, Zhang Fei was not lazy and did not want to read. He also read Song Xingtong often. It was just that his talent in this area was indeed not as good as Sima Guang, Su Che and others, so it was impossible for him to recite it by heart.
In this case, he only focuses on the key points, and as for the complicated tasks, he leaves them all to those with higher talents.
Since he became the president of the court, one of the key points he paid most attention to in the "Song Dynasty Criminal Code" was this pocket crime.
Therefore, he remembered the commentary on "undeserved sin" very clearly and did not need to recite it.
It can be seen that he has done research.
Although based on the legal knowledge and legal thinking he had learned, he certainly did not agree with pocket crimes, but he had to admit that the current pocket crimes were an important foundation for him to build the legal system.
What is a pocket crime? It means that any behavior of yours can be thrown into it, and then it becomes a crime and you will be punished.
Of course, it is impossible that you will break the law just by having a meal. Usually, pocket crimes are applied when you do have some inappropriate behavior. But the scary thing is that the punishment for your inappropriate behavior is uncertain, and you can't even refute it.
That is, serious crimes are given light sentences, and minor crimes are given heavy sentences.
This is also what Su Che was worried about. The crime is vague to begin with, and the punishment is up to you. How can our procuratorate supervise it then?
...
...
Whatever you say is right.
However, creating a pocket crime was Zhang Fei's purpose.
By substantiating pocket crimes and turning them into specific regulations, it will be easier to achieve one's goals.
It's like turning a lump of mud into a cup, which is obviously much easier than changing the shape of a cup.
Zhang Fei rarely changed existing provisions. In military law, he added guiding principles.
In civil law, he looks for a pocket crime, fills it up, shapes it into the shape he wants, and by the way, cancels the pocket crime.
The purpose of today's judgment is to turn this pocket crime in the miscellaneous laws into a public security administration punishment regulation.
This kind of regulations was exactly what the Song Dynasty lacked.
In fact, the Song Dynasty Criminal Code also has very detailed regulations on this aspect, but they all lead to the death penalty, and the lightest punishment is imprisonment, because what was pursued in ancient times was not development, but stability.
The punishment for this is severe.
Of course, officials will often give light sentences depending on the severity of the circumstances, but light sentences are still just a few dozen lashes.
But as far as the legal profession is concerned, there is a huge gap.
This is obviously not conducive to the development of the legal system.
As Su Che said, for the same behavior, some people will be arrested while others will not. If this situation exists on a large scale, the people will have no laws in their hearts, only classes.
This is extremely detrimental to the promotion of the rule of law.
Today's trial was just an introduction, the purpose of which was to introduce the Public Security Administration Regulations Punishment Law, but the process was far more thrilling than Zhang Fei had imagined.
As soon as Su Che left, the culprit came to the lake with Ma Xiaoyi arm in arm, humming Liu Sanbian's little tune.
When they came here, they rarely informed the public and just rushed in directly.
"How dare you two come here?"
Zhang Fei looked at Cao Dongdong and Ma Xiaoyi with extreme anger.
Xu Zhiqian, who was standing by, glared at the two of them with great displeasure.
The couple were indeed frightened just now.
Cao Dongdong cannot afford to make any mistakes. You must know that Zhang Fei had done a lot of things before to attract all the troubles to himself, just to allow the police station to make a fortune in silence.
"Why don't you dare come?"
Cao Dongdong sat down, poured himself a glass of wine and drank it happily.
If he could beat him, Zhang Fei would definitely knock his wine glass away.
Ma Xiaoyi came up and asked in surprise: "Third brother, did you really not see that we were all acting just now?"
"No!"
Zhang Fei roared.
Ma Xiaoyi scratched his head, "This shouldn't be the case!"
Cao Dongdong laughed and said, "What's wrong with that? My acting skills are so superb, it's normal for him not to see it, right?"
Ma Xiaoyi said: "But this trick was taught by Third Brother. Third Brother, there is no reason why you can't see it!"
Xu Zhiqian immediately looked at Zhang Fei.
Zhang Fei immediately said with a wronged look on his face: "Xiao Ma! Don't talk nonsense, when did I teach you such a despicable trick?"
Ma Xiaoyi said, "Didn't Third Brother use this trick when Brother and Instructor Lin were in court? He first portrayed Brother as an unforgivable villain, and then reversed the situation in court, making the Queen Mother and Uncle Cao feel guilty towards Brother. We are just repeating the same trick."
The atmosphere froze instantly.
Zhang Fei was stunned.
Xu Zhiqian said calmly: "It was you who really taught me."
“Ahem!”
Zhang Fei scratched his neck, sat down, snatched the wine pot from Cao Dongdong, poured himself a glass, and said after a long pause: "But I didn't teach you to publicize that you have many wives and concubines and are unruly. You are now a superintendent, not a son of a yamen. You should pay attention to your image. Don't you see that not all people support you?
Do you remember that when I used this trick, I kept it a secret from you, so that you would show a feeling of grievance, anger, and being wronged in the court. This is the subtlety of this trick. "
Cao Dongdong immediately said, "How could I not know this? I have studied this move of yours for a long time. Actually, I also showed anger just now, but Xiaochun asked me to show a kind of unruly and unrestrained attitude."
"It's all because of your own nature."
I saw Fu Shichun walking over.
Xu Zhiqian muttered, "Alright! All the suspects are here."
Zhang Fei asked: "Brother Xiaochun, what is going on?"
Fu Shichun sat down and told the whole story in general.
It turned out that the soldiers were making trouble everywhere because of the disarmament issue in those days, which made Ma Xiaoyi very excited. He arrested people everywhere. Cao Dongdong, who was sitting in the office, felt itchy to do something, so he also went out to find a job.
In fact, he did not go to South Street to seek pleasure because he was on leave from office, but he went to South Street specifically to see if he could be a hero and save the beauty, because he knew that in such a place of fireworks, the probability of accidents was very high.
Moreover, he borrowed the idea of the plainclothes police in Bianjing and deliberately went there in plain clothes.
Finally, he got a chance.
Fu Shichun came here to keep an eye on Cao Dongdong. He was extremely careful with the prisoners Cao Dongdong brought with him. Fu Shichun was on guard at the time, fearing that others would use this to deal with Cao Dongdong.
Sure enough, when Fu Shichun secretly contacted Han Dongniang, he found out that Han Dongniang had been threatened. So he took advantage of Han Dongniang's desire to leave Wanhua Tower and pulled Han Dongniang to his side, asking her to testify truthfully.
This is how the scene today came about.
Xu Zhiqian immediately asked, "Since you knew that Han Dongniang was threatened, why didn't you let her speak out in court?"
Fu Shichun said, "That's because the other party is just using the Wanhualou madam's mouth to threaten Han Dongniang. If the madam denies it in court, we won't have evidence to convict them. So I thought, why not use this to force the madam to cancel the contract with Han Dongniang."
Xu Zhiqian frowned and asked, "Then do you know who the real murderer is?"
Fu Shichun shook his head and said, "That madam would never reveal the mastermind behind this."
Zhang Fei sighed, "I think they have discovered this problem. In fact, they can use the law to deal with the public security, procuratorate and courts. Now they are in the dark and we are in the light. You must be extremely careful in the future."
Fu Shichun said, "That's why I asked Yanei to say that in court. This guy's nature is hard to change. I think instead of hiding his preferences, it's better to use this case to speak out openly. After all, this case is very beneficial to him."
When this guy was tinkering with the erotic newspapers, he was already very skilled in helping the courtesans to create various personalities, making these erotic news full of interest.
Zhang Fei nodded and glanced at Cao Dongdong secretly, but saw that this guy was shaking his head and drinking by himself, not caring at all. He smiled secretly, yes! This guy never cares about how the people will see him. What he cares most about is the opinion of Queen Mother Cao. He said again: "At present, it is only limited to the city and controlled, but the next autumn tax will cover the entire Hezhong Prefecture. Now that the other party has discovered this attack point, you must be extremely careful about the autumn tax.
Remember, the Royal Police is only responsible for passive tax calculations, and should not proactively check the people. All problems should be dealt with after the fact. "
In ancient times, taxation was always the source of conflict and involved too many aspects.
Cao Dongdong said casually: "Don't worry about this. We have done it once and know how to do it. We won't make any mistakes."
Ma Xiaoyi rested his chin on one hand and leaned on the table, "Third brother, you haven't even evaluated my performance today. Those answers were all figured out by me."
Zhang Fei was stunned for a moment, then smiled and said, "Very good. In the future, Chief Inspector Ma can represent the police station to testify in court for a long time and assist the Royal Court in hearing cases."
Ma Xiaoyi suddenly perked up and sat up straight, "Really?"
Zhang Fei smiled and nodded, saying, "I will help you build that seat."
Ma Xiaoyi said excitedly: "Thank you, Third Brother."
Zhang Fei looked at Fu Shichun again and said, "Brother Xiaochun, you may be busy recently."
Fu Shichun immediately said: "I'm very busy now."
As he said this, he secretly glanced at Cao Dongdong.
Zhang Fei said: "But there is no other way. Our Royal Court is ready to cooperate with the Procuratorate and the Police Station to draft a public security management punishment regulation. Your police station is on the front line and has sufficient experience!"
"I don't have much experience." Fu Shichun shook his head.
Zhang Fei said: "You are just a representative. You can discuss the details with Xiao Ma and others, but you must participate. Otherwise, if your police station does not know the specific regulations, it will cause a lot of trouble to the police station."
Fu Shichun suddenly felt like he had lost all desire to live.
Zhang Fei didn't care about all that. He was just here to do the job. He then explained to them in detail what the labor meant and how to carry it out.
This aspect will be carried out by Cao Dongdong and Ma Xiaoyi.
They like this.
Although the Public Security Administration Punishment Regulations are still in the preparation stage, they are actually already being implemented.
This is Zhang Fei’s power. His precedents are a kind of suggestion. He makes the judgment first and then amends it. This is also to protect the power of the Legislative Council. The president of the court does not have the power to legislate.
The next day.
Xu Jingtian, Lu Shier and others came to the police station early in the morning carrying hoes and brooms to report.
None of those sentenced yesterday have been imprisoned.
The reason is simple: the conditions do not exist.
No one knows where the imperial court’s prison cell is.
"Come with me!"
After signing, Ma Xiaoyi shook his head, and walked out of the police station with a few Royal Police officers and a group of people.
But the entrance was crowded with onlookers, all of them were young masters or soldiers, who had come specially to see what this labor was all about.
A large group of people followed them.
Xu Jingtian shouted unhappily: "You guys are really weird, don't you have your own business to do? Why are you following us? Get lost!"
A young man responded: "Only you are allowed to walk on this street, but not us? We are not breaking any law, so why should you control me?"
Xu Jingtian glanced at Ma Xiaoyi resentfully, but Ma Xiaoyi didn't care at all and took them to the vicinity of the crime scene, which was an alley behind East Street.
Xu Jingtian and his friends all knew this alley. At night, the guests in the restaurant would urinate and even defecate here. It was really notorious!
After all, it is not very convenient to use the outhouse these days, and East Street is a restaurant area. As long as the weather is hot, it will stink here.
They themselves are also one of the regular customers!
Ma Xiaoyi covered her mouth and nose with a silk handkerchief and said, "Your task today is to clean this place up."
"Captain Ma, we don't deserve this!" Xu Jingtian said with tears in his eyes.
Ma Xiaoyi said: "Who made you offend Judge Zhang? Go in and clean up quickly, otherwise the consequences will only be more serious."
There is no way!
Xu Jingtian and the others could only walk in with tears in their eyes.
Oh my god!
The onlookers were feeling a palpitation at this moment, and kept reminding themselves not to cause trouble, not to cause trouble.
This is horrible!
In the evening.
Wanhua Tower!
"Wow, why are there so many customers today?"
"Yes! They are all full!"
The two scholars arrived at Wanhua Tower, but were surprised to see the bustling crowd inside.
Arriving at a nearby wine table, a scholar asked, "Sir, why is the business here so good today?"
"Because there will be a wonderful show later."
“Here it comes! Here it comes!”
There was a shout, and everyone looked up, only to see a woman coming down from upstairs.
It was Han Dongniang.
Two more men walked up, they were Kong Tai and Sun Sheng.
It turned out that after Lu Bangxing's negotiation, Zhang Fei finally gave them a chance. If they were willing to sincerely apologize to Han Dongniang, he would not let them dump manure.
After all, an apology is far more meaningful than asking them to take out the shit.
The audience immediately shouted: "A gentleman can be killed but not humiliated!"
"A gentleman can be killed but not humiliated!"
"Ha ha---!"
We must cheer them up!
Kong Tai and Sun Sheng's faces were as red as monkey butts.
But they would rather apologize than take out the shit.
“Ahem!”
Kong Tai coughed twice.
The scene immediately became quiet.
Kong Tai opened his mouth and glanced at the Royal Policeman Ou Jun beside him.
Albert Ou whispered, “Dear guests.”
Kong Tai nodded and said loudly: "Dear guests!"
This remark caused the guests to burst into laughter.
Kong Tai lowered his head and continued to read: "I am Kong Tai, a former soldier of the Yongxing Army. I have also maintained law and order in Hezhong Prefecture and arrested thieves. I should know how to abide by the law better than ordinary people!"
As he was reciting, Guanzhong in the audience was laughing.
It turns out that all of this was written by Zhang Fei himself, because he felt that Xu Zhiqian's writing was not profound enough.
After reading a long paragraph, Kong Tai and Sun Sheng raised their teacups and handed them to Han Dongniang. "Here, I, Kong Tai (Sun Sheng), beg Han Dongniang to forgive our disrespectful behavior after drinking. We promise that we will never do it again next time."
"Ha ha!"
When the guests saw this scene, they laughed so hard that tears came out.
Han Dongniang pursed her lips, trying hard to hold back her smile, and waved her hand, saying, "Drink your tea by yourselves. I, I forgive you."