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 649: Ginger is still spicy with age

Lu Huiqing had always been reserved about Zhang Fei because Zhang Fei never had a clear attitude and on many issues, he sided with Sima Guang.

The most important thing is that the butt determines the head. Without the public security, procuratorial and judicial organs, Zhang Fei would find it difficult to gain a foothold here.

In Lu Huiqing's heart, the relationship with Zhang Fei is more like a partnership rather than a comrade in the same trench.

In other words, if Zhang Fei betrayed him one day, he would not be shocked.

Of course, the same goes for Zhang Fei. It’s just a cooperative relationship, and he will not obey Lu Huiqing.

But Zhang Fei's relationship with Wang Anshi was not like his relationship with Lu Huiqing, because Zhang Fei had clearly expressed his support for the new law. In Wang Anshi's view, Zhang Fei was certainly one of his own.

But when it comes to trust, Wang Anshi trusted Lu Huiqing more. He did not tell Lu Huiqing about this matter. He just said that Zhang Fei clearly asked in the letter not to tell anyone, which naturally included Lu Huiqing.

The reason is very simple, because Qingzhou's move is obviously intended to harm the public security, procuratorate and courts. If this gets out, Zhang Fei will face a great crisis.

Wang Anshi's personality is similar to Sima Guang's. Zhang Fei is helping him, but he can't just turn around and sell Zhang Fei out.

When Zhang Fei got off the car at Lushi Lane, he immediately won the attention of everyone on the street, and everyone came forward to greet Zhang Fei.

...

...

Whether it is the scholars who come here to shop, or the singing girls and piao guys upstairs.

This Lushi Lane is definitely Zhang Fei's territory, because before he left Beijing, he was already the soul figure of Lushi Lane. This street used to be dominated by brothels, and it was only after he came that the whole lane became Erbi Street.

Of course, the most important thing is that Zhang Fei made more profits for the business on this street.

And now, Zhang Fei has returned with a gilded reputation and the title of Grand Court President. Although he is in Hezhong Prefecture, his deeds have long been talked about in Lushi Lane. In addition, his legal theory has gradually won the favor of many young students. Therefore, everyone's enthusiasm to see Zhang Fei is greater than before.

Zhang Fei was very happy to see these familiar faces and took the time to greet everyone one by one.

It took Zhang Fei nearly half an hour to walk along this short street before he arrived at his law firm.

As soon as I arrived at the door, I saw Chen Maoqian, Fan Li, Fan Yong and Ma Tianhao walking out of the store.

"You're all here!"

Zhang Fei said with surprise and joy.

Fan Li explained hurriedly, "We wanted to visit your house this morning, but Daniu told us that you went to the palace. We thought that maybe you would come to our store, so we chatted here. We never thought that you would come."

Fan Yong, Chen Maoqian and Ma Tianhao hurried to congratulate Zhang Fei and celebrate his great achievements in Hezhong Prefecture.

After some greetings, several people entered the store. Those who made ear pens and tea snacks came over to greet Zhang Fei. To them, Zhang Fei was not just a simple boss, but a ancestor, because Zhang Fei also changed the ear pens and tea snacks.

After greeting them one by one, several people came to the inner hall and sat down.

Zhang Fei first asked Fan Li, "Mr. Fan, is the business in this store going well?"

Chen Maoqian said sourly: "Old Fan has really had a lot of food in the past few years."

Fan Li said helplessly: "Old Chen, I have said it many times, it only looks good, but in fact most of the profits are

"Master!"

Zhang Fei said with a smile: "If this person is not envied, he is a mediocre person. Let them talk about it. What do you have to explain? Tell me quietly later how much money I have earned in the past few years. I am bored recently and plan to buy a house."

Chen Maoqian's eyes lit up immediately, "Sanlang, leave this matter to me, Chen, and I will definitely not let you down."

Zhang Fei smiled and said, "Do I have any choice?"

Fan Yong's eyes suddenly rolled and he coughed, "Sanlang is right. As long as the public security, procuratorate and courts are there, no matter how much money we make, there is nothing to be afraid of. There is nothing to be afraid of. I am just... I am afraid that one day, the public security, procuratorate and courts will suddenly disappear. Then... Then we may be fat sheep!"

The eyes of these big profiteers began to wander.

Zhang Fei chuckled and said, "Mr. Fan, there is something behind what you said!"

Ma Tianhao said: "I say, Lao Fan, although Sanlang is now the president of the court, he will not betray us. What is there to be afraid of?"

Then he turned to Zhang Fei and said, "Sanlang, we have been hearing people say that something happened in Qingzhou."

Chen Maoqian and the others also nodded.

Zhang Fei asked with a smile: "Even if something happens to the public security, procuratorate or court, you don't have to be nervous."

"How can I not be nervous?"

Fan Yong said embarrassedly: "Since the establishment of the public security, procuratorate and courts, our business has been getting better and better. In fact, even if we make the same amount of money as before, we can sleep well."

Businessmen are the ones who understand the benefits of the public security, procuratorial and judicial systems best. They don't have to worry about unexpected disasters or people's jealousy, because the concept of the rule of law is to safeguard the legitimate rights and interests of individuals.

But it is also conceivable that once the public security, procuratorial and judicial systems are gone, those evil officials will counterattack with great ferocity.

Zhang Fei glanced at them, hesitated for a moment, and said, "It's pointless for you to worry here, so you should do your best!"

Fan Yong asked anxiously, "I wonder how we can help Sanlang?"

"You are not helping me, but helping the public security, procuratorate and courts." Zhang Fei said: "In fact, what you need to do is very simple, just expand your business, make more money, and pay more taxes, that's all."

Several people were stunned when they heard this, and looked at Zhang Fei in confusion, as if to say - that's it?

You don't have to tell me, I would do the same!

As for paying taxes, I would like not to pay them, but...but I dare not!

The performance of the Taxation Department depends entirely on our tax evasion.

Zhang Fei smiled and said, "Whether a system is good or not depends first on whether it can improve the court's finances, and secondly, whether the people can live better. If you live well and pay more taxes, the court will certainly not abolish the public security, procuratorial and judicial organs."

Chen Maoqian nodded and said, "It sounds like that makes sense."

Ma Tianhao asked, "Sanlang, aren't you coming back for Qingzhou's affairs?"

Zhang Fei shook his head and said, "No, I came back this time mainly to report to the Legislative Council. As for the situation in Qingzhou, I have also heard a little bit about it. As I just said, now it depends on whether they can solve the financial problem."

Ma Tianhao asked: "Can that be solved?"

"How should I know?"

Zhang Fei shouted, "Don't worry about it, just focus on your business."

Although these people are not officials, they are all shrewd people. They are convinced that Zhang Fei came back to solve the problems in Qingzhou. Seeing him so calm, they feel relieved. He tells us to do business with peace of mind, so let's do business with peace of mind.

Just when he breathed a sigh of relief, greed began to take over.

Fan Yong asked again: "Sanlang, will our tax laws in Tokyo become the same as those in Hezhong Prefecture?"

Zhang Fei asked back: "Does the gentleman want to change, or does he not want to change?"

Fan Yong smiled naively and said, "It's fine if it changes, or it doesn't change."

Actually, he wanted to become like Hezhong Prefecture. Although the taxes might increase, the money his Baifanlou paid to officials for wine, tea, and salt every year was much more than the taxes. The key point was that it was full of uncertainty. His life was always in the hands of others, which certainly didn't feel good.

"I don't know much about this. I don't care about it."

Zhang Fei shook his head and suddenly looked at Ma Tianhao, "By the way, Fourth Brother, why are you still here? I heard from Mr. Fan that you are planning to go to Hezhong Prefecture, right?"

Ma Tianhao said: "I was originally planning to go over and take a look. I and the people from Xiangguo Temple had already left Bianjing. Later, I heard that you were coming back, so I asked the people from Xiangguo Temple to go over and take a look first, and then I came back."

Chen Maoqian said, "I heard that the Jieku shop over there is doing very big business."

Zhang Fei looked at this sour man and said with a smile: "It's everyone's business whether it's big or not. The major shareholder's charity foundation belongs to everyone."

Chen Maoqian said: "If we really count now, the charity foundation may be the number one store in Tokyo, and it has to donate 10,000 or 20,000 guan every year."

Zhang Fei asked: "So how is your business going?"

Ma Tianhao laughed and said, "It's a lot better, but there's more competition too. Anyway, it's much more interesting than before."

Fan Li said: "This is all thanks to the public security, procuratorate and courts. If it is changed to the tax law of Hezhong Prefecture, I believe the competition will be more intense."

Fan Yong could not help but said: "That being said, if we don't change it, we will face both the control from above and

Chen Maoqian snorted, "Your Baifan Building only has one rival, Pan Building. Just your multi-story restaurant alone is unlikely to have any rivals. But we are different. The competition in our business is already very fierce. If it gets more intense, our lives will be difficult."

Several people soon started arguing.

Since ancient times, the only thing that has not changed is businessmen, because businessmen are profit-seeking and profit-driven by nature. If the rules change, businessmen all over the world may react in the same way because their goals are exactly the same.

With the emergence of public security, procuratorial and judicial organs, everyone is making adjustments based on their own industry, and there is no need to teach them.

Zhang Fei was too lazy to even ask.

He can only bring rules and make macro changes, but he can't teach them how to do business. But this is enough.

If there were no public security, procuratorial and judicial organs, even if you taught them how to make more money, they would not dare to learn.

But with the public security, procuratorial and judicial systems, they know how to make more money without being taught.

Originally, Zhang Fei came here to see how much money he could earn, but he didn't expect that Ma Tianhao and the others were also here, so this plan had to be shelved. However, from their arguments, he also knew what the current situation in Bianjing was.

Business competition has become increasingly fierce. Because the public security, procuratorial and judicial departments are able to protect everyone's legitimate rights and interests, this has weakened the influence of connections to a certain extent, and small businessmen have dared to launch attacks on big businessmen.

Their business is growing bigger and bigger, but the threats they face are also getting bigger and bigger.

Conservative businessmen like Chen Maoqian don't like this kind of competition, but businessmen like Ma Tianhao enjoy it more. As for Fan Yong, due to his strong strength and the special industry of the restaurant, he has suffered the least impact, so he still hopes to be able to let go.

While they were arguing, it was time for dinner.

At the table, everyone did not argue much, and began to ask Zhang Fei about the situation in Hezhong Prefecture, because Hezhong Prefecture's yesterday might be Tokyo Bianliang's tomorrow, so whoever can grasp the changes will stand out in the next round of competition.

It was already three o'clock in the morning when he got home. He had only returned home at midnight yesterday and was called away by Zhao Xu early this morning. After two meals of wine, Zhang Fei felt really tired and fell asleep the moment he lay down.

But Fu Bi's arrival the next morning shattered Zhang Fei's sweet dream of staying in bed.

"Zhang San has met Mr. Fu."

When meeting Fu Bi, Zhang Fei still bowed respectfully. It's not that he particularly respected Fu Bi, but because Fu Bi was born a gentleman and set an example by being polite to everyone, including servants.

"No need to be so polite."

Fu Bi smiled and nodded, then asked amiably, "I hope I didn't disturb your rest."

This must be disturbing. Zhang Fei said insincerely: "No! No! I got up early in the morning."

Fu Bi saw that his eyes were slightly swollen, obviously he had just gotten up, so he could only smile, stretched out his hand to the side, and said: "Don't stand, sit down, sit down."

"yes."

After Zhang Fei sat down, Fu Bi said, "In order to test your legal system, I deliberately suggested that the court give you the power to judge precedents, but you are not polite at all. Basically, you use this power in every case. I have to wonder whether the Song Dynasty Criminal Code should be rewritten."

Zhang Fei hurriedly said, "Mr. Fu is too serious. In fact, it is not true."

Fu Bi asked, "I would like to hear the details."

Zhang Fei said: "I have talked about this before, that is, the difference between the law of the Legalists and the law of the legal system. The same law, if the legal thought is different, the judgment given is completely different. I have not modified any law, but only given principles and interpretations."

Fu Bi nodded slightly and smiled, "I won't ask you about these issues in detail. You can go to the Legislative Council to explain yourself when the time comes."

As he spoke, he took out a document and handed it to Zhang Fei, "This is about some of the arguments in the Legislative Council over your rulings in Hezhong Prefecture in the past two years. Take a good look at it first."

"Thank you, Mr. Fu."

Zhang Fei quickly stood up and took it.

Fu Bi asked again: "Then I wonder when you will be able to visit the Legislative Council?"

Zhang Fei hesitated, "Everything will be subject to Mr. Fu's arrangements."

Fu Bi pondered for a while and said, "How about this? You should rest at home for a few days and take a good look at the controversial issues. I will make arrangements and send someone to notify you when the time comes."

Because the Legislative Council is not a fixed organization, if it wants to hold a meeting, it has to wait until the officials go on vacation, which is more troublesome to organize.

"OK."

Zhang Fei nodded.

Fu Bi asked again: "What are your plans for coming back this time?"

Zhang Fei said awkwardly: "It's not my turn to make the decision on this matter. I can only wait for the arrangements from above."

Fu Bi just nodded slightly.

Zhang Fei glanced at Fu Bi, and immediately reacted. He immediately bowed and said, "I have only been an official for two or three years and have no experience in this area. If Mr. Fu is willing to give me some advice, Zhang San will be very grateful!"

Fu Bi glanced at him and said, "In my humble opinion, with your talent, even if you want to be promoted, it is best for you to stay in the public security, procuratorate and courts. Other government offices may not be suitable for you."

Zhang Fei nodded repeatedly: "Mr. Fu is right. If I were asked to go to any other government office, I would not go there either."

This is indeed the truth. If he doesn't want to work in the public security, procuratorial and judicial departments, he would rather resign. If he were to work as an official in finance, it would be a mess as he would know nothing. He could only tell them some advanced financial management methods but could not do it himself. Thinking and execution are two completely different things.

Since ancient times, there have been few great thinkers who have also performed outstandingly in governing.

Zhang Fei can't even manage the law firm properly, and it's all managed by Manager Fan.

In the same way, people like Wang Anshi and Sima Guang also understood the concept of the rule of law, but if they were asked to use this concept to try cases, there would definitely be many loopholes, and they would be far inferior to Cai Bian and others.

You have to know that Cai Bian and others are naturally gifted. They took a complete course and went through two years of training before they were able to go out and work on their own.

Understanding and doing are two different things.

Fu Bi smiled and nodded, and continued: "Among the public security, procuratorial and judicial departments, the police station is not very suitable for you. The only ones left are the procuratorate and the imperial court, but I suggest you go to the procuratorate."

"Prosecutor's Office?"

Zhang Fei was slightly stunned. This was very different from what he had thought. I thought I was definitely going to the imperial court.

Fu Bi glanced at him, knowing what he was worried about, and smiled slightly, saying, "In the procuratorate, it is not convenient for you to use the concept of the rule of law to make a judgment, because the procuratorate can only bring lawsuits in accordance with the law."

Zhang Fei was even more surprised after hearing this, and asked, "So Mr. Fu doesn't want to use the concept of the rule of law to judge anymore?"

"Not at all."

Fu Bi waved his hand and said, "Because you are an official in Hezhong Prefecture, you have considerable power. No matter how you judge, they must obey. At best, they can only impeach you after you make the judgment, but they cannot use this to stop your judgment.

But the capital city is different from Hezhong Prefecture. There are also vice-chancellors, prime ministers, the Supreme Court, the Court of Criminal Justice, the Ministry of Justice, and the Censorate. Believe it or not, any precedent you make in Hezhong Prefecture would be difficult to enforce in the capital city, because you are giving new interpretations and principles, and they can use this to interfere with your judgment. Even if the final judgment is made, it will take a long time.

Moreover, the current chief judge is Mr. Zhao. You are not of high rank and are not very old. You can only do the same as Lu Jiawen.

But the procuratorate is different. From my observation, the procuratorate is more suitable for young people like you who are brave and fearless. After all, it is up to the president of the court to decide whether to sentence or not. Wasn't it your fearless courage and wisdom that enabled you to achieve such success? "

Zhang Fei nodded and said, "Actually, I also like the Procuratorate more, but my father-in-law is the Chief Prosecutor. This!"

"This is one of the reasons why I recommended you to the procuratorate."

Fu Bi further explained: "Because with your qualifications, it is impossible for you to serve as the Chief Prosecutor in the capital, but you can indirectly control the Procuratorate through your father-in-law."

Based on the concept of the rule of law, Zhang Fei is undoubtedly the most suitable candidate for Grand Court President and Prosecutor General. However, the court personally appointed Prime Minister Zhao Yan as Grand Court President last time. Although the purpose was to let Kaifeng Prefecture hand over the judicial power, this precedent proved that this position must be held concurrently by the Vice Prime Minister.

Zhang Fei is not qualified.

Since the court president and the prosecutor general are nominally equal, Zhang Fei certainly cannot become the prosecutor general.

It just so happens that Xu Zun is the Attorney General, so Zhang Fei can control things through Xu Zun.

Zhang Fei wondered, "Don't we need to avoid suspicion?"

Fu Bi smiled and said, "In our dynasty, there are many cases where fathers and sons serve in the same palace. The innocent are innocent, so why should we avoid suspicion? Besides, we have the public security and judicial system now. If they think that you and your son-in-law have secretly given and received something, they can sue you. What are you afraid of?"

Zhang Fei scratched the back of his head, "Mr. Fu is right."

Fu Bi added, "Also, you are no longer the same person you were before. There will only be more and more people impeaching you, including those around you. Xu Zhongtu will definitely be implicated. Separating you will make both you and your son-in-law afraid to act. If you are in the same office, you don't have to worry about this."

This is a solution. Zhang Fei's eyes lit up. If the father-in-law and son-in-law were in the same office, they would not be afraid of being defeated one by one. He said hurriedly: "My father-in-law also considered this before, and even hoped to retire from the procuratorate."

Fu Bi smiled and nodded, "I can understand what Zhong Tu is thinking, but you are too young now and you still need Zhong Tu's help."

"Yes, yes, yes!" Zhang Fei nodded repeatedly, and then bowed and said, "Thank you, Mr. Fu, for your advice. Zhang San is very grateful."

"It's just a small favor, no need to thank me." Fu Bi said, "But this matter is not urgent for now. If you are willing, I will ask the government for help later."

Zhang Fei hesitated for a moment and said, "I am willing to do so, but as Mr. Fu just said, if I go to the procuratorate, I can only file a lawsuit according to the law, and I cannot use the concept of the rule of law."

Fu Bi smiled and said, "This is what I am worried about, but as you just said, the same law can lead to different judgments based on different concepts. This does not prevent you from injecting the concept of the rule of law into the lawsuit."

Zhang Fei smiled awkwardly, "That's true, that's true."

After discussing this matter, Fu Bi said goodbye. Zhang Fei personally saw him off to the door. Zhang Fei only turned back after Fu Bi left in a carriage.

"Ah! Zhiqian, are you walking without making any sound?"

"You are too timid. You will be scared even in your own home."

Xu Zhiqian pursed her lips and smiled softly.

Zhang Fei said unhappily, "You know what happened to me before. The first time I was beaten was at home."

As he said this, he walked towards the hall.

Xu Zhiqian quickly chased after him, "Zhang San, is Mr. Fu here to discuss going to the Legislative Council to explain the matter?"

Zhang Fei nodded, handed the document to Xu Zhiqian, and said, "But this should not be the main purpose of his trip."

Xu Zhiqian immediately asked with a gossipy look on her face, "What happened in Qingzhou?"

"Of course not."

Zhang Fei said, "I have already discussed this matter with Sima Xueshi. There is no need for Lord Fu to make another trip in person. Besides, he will not discuss this matter with me. It is not his place to meddle in other people's business!"

Xu Zhiqian asked curiously, "What's that for?"

Zhang Fei narrowed his eyes and said, "Mr. Fu wants me to join the procuratorate."

"Why is that?" Xu Zhiqian asked in surprise, "Is he dissatisfied with your judgment in Hezhong Prefecture?"

She also believed that Zhang Fei would definitely be promoted to court president after his return.

Zhang Fei shook his head, and then told Xu Zhiqian what Fu Bi had just suggested.

After hearing this, Xu Zhiqian nodded repeatedly and said, "Mr. Fu is right. The capital is not Hezhong Prefecture. If your judgment does not conform to the "Song Dynasty Criminal Code", someone will definitely question you, which will only make things more troublesome, and this trouble is something you cannot handle now."

Zhang Fei smiled and nodded, "I agree with this, but Mr. Fu has not explained one point."

Xu Zhiqian asked: "What?"

Zhang Fei said: "It is to take back my right to rule on precedents and at the same time to uphold the power of the Legislative Council."

Xu Zhiqian asked: "What do you mean?"

Zhang Fei said: "Mr. Fu obviously supports the rule of law, but if I were in the procuratorate, I would not be able to directly use the power of precedent. I could only file a complaint based on the concept of the rule of law. So how can I change the current legal thinking?

It's very simple. The Legislative Council will make adjustments based on my lawsuit. The power to decide how to make adjustments and whether to make adjustments is concentrated in the Legislative Council. The old ones are the wisest after all!"

You should know that the Legislative Council did not originally have the power to make precedents. It was established specifically for Zhang Fei because he was the only one who understood it. However, with the arrangement of this position, the Legislative Council directly held this power in its hands, and Zhang Fei became an assistant to the legislature.

It can be seen that Fu Bi's skills are still there.

Xu Zhiqian said, "But Mr. Fu is right. If you use your right to rule by precedent here, you may encounter great obstacles. It is better to return it to the Legislative Council."

Zhang Fei nodded and said, "So I didn't object. It's just that the Procuratorate is too aggressive, unlike the court president who is passive. This makes it easier to offend people!"

Xu Zhiqian immediately said, "I would rather you serve as the Chief Prosecutor and convict all those who break the law and commit evil."

Zhang Fei said unhappily, "You really want the world to be in chaos."

Xu Zhiqian retorted: "How can this be regarded as wishing for chaos in the world? If exercising justice is frightening, then there is probably nothing more terrifying than this in the world."

Zhang Fei blinked, pondered for a moment, and nodded with a smile, "You are right. However, we have to make three rules. We can talk between husband and wife, but you should not be too impulsive. We are not the ones who enjoy the shade, but the ones who plant the trees. In other words, we are fighting for justice, not exercising justice."

Xu Zhiqian bowed and said, "As you wish, Grand Judge."

"Ahem! Attorney General." Zhang Fei reminded.

"Pooh!"

Xu Zhiqian said: "My father is the Attorney General."

"That's true." Zhang Fei scratched his head awkwardly, thinking, what position should I hold in the Procuratorate? I need to think about it carefully.

Xu Zhiqian suddenly asked: "Have you read this copy?"

Zhang Fei smiled and said, "No need to look, it must be about the dispute between the imperial court and the government for compensation."

Xu Zhiqian didn't believe it. She opened it and felt a little embarrassed. "How did you know?"

Zhang Fei said: "Most of the members of the Legislative Council are officials. They are definitely the most concerned about this issue, and the controversy is definitely the greatest."

Xu Zhiqian asked again: "Then can you convince them?"

Zhang Fei smiled and said, "It must be done."