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...
Qi Hui's words immediately cheered up the scholars and officials who were almost devastated.
yes!
This kid has been avoiding etiquette from beginning to end, and even talking about other things. This is clearly evading the important issue!
He didn't even mention the law of the rule of law. In the past, whenever he wanted to argue about something, he would always talk about the law of the rule of law.
The concept of the legal system is first and foremost the interests of the country and the monarch, and the fact is that Confucian etiquette and law are closely related to the interests of the country and the monarch.
This is absolutely beyond doubt, because Confucian etiquette can be understood as the values of the time. If the values collapse, then the country will be gone.
What will the emperor be like then?
There is absolutely nothing wrong in defending etiquette and laws under the concept of the rule of law.
So this guy is extremely cunning.
Fortunately, Qi Hui was also an official in the court with a high level of legal attainments, and would not be fooled by him.
...
...
Facing Qi Hui's questioning, Zhang Fei just smiled calmly and said, "Judge Qi is right. The legal system first defends the interests of the country and the monarch. Etiquette and law definitely belong to the interests of both. However, Judge Qi is not defending etiquette and law, but defending public opinion."
Qi Hui frowned and said, "Defend public opinion?"
Zhang Fei asked: "May I ask Judge Qi, respecting each other like guests and sharing joys and sorrows, is this what the etiquette of husband and wife pursues?"
Qi Hui hesitated for a moment and said, "Of course."
Zhang Fei said: "Liu Qinshi has been in decline in her husband's family, but she has never left her husband and has taken good care of him, fully supporting him in his pursuit of a good reputation. Is this considered a marital obligation?"
Qi Hui said nothing, he didn't know this beforehand.
Zhang Fei continued, "And Liu Qing never left his wife when she was in the most difficult time. He would rather be alone to appeal for his wife. Is this a courtesy between husband and wife?"
Qi Hui said: "But Liu Qin committed adultery with a monk in the temple, which is immoral. If she is not severely punished, where is the etiquette and law?"
“That’s where the problem lies.”
Zhang Fei said: "Both belong to etiquette and law. The former is respected by etiquette and law, while the latter is despised by etiquette and law. If Judge Qi is defending etiquette and law, then why did Judge Qi not mention the virtues of Madam Liu Qing and her husband, but instead guided public opinion to wantonly slander the couple?"
Qi Hui said: "I admit that I was a little careless about this, but it has nothing to do with this case."
Zhang Fei immediately said, "It has nothing to do with this case. This refers to the judiciary. If we only talk about the judiciary, Judge Qi must abide by the principle of arresting the adulterer following the husband. But Judge Qi just said to defend the rites and laws. Since we are defending the rites and laws, we cannot ignore these virtues. At least we should delve into the underlying causes and make clear the right and wrong of the rites and laws, instead of just saying what the public likes to hear."
Qi Hui immediately retorted: "Don't talk nonsense. I don't just say what the public likes to hear."
Zhang Fei said: "But in Judge Qi's verdict, he retried the case three times and said that the case had an extremely bad impact, so he chose to make an exception. But I don't know what this 'impact' refers to?"
Qi Hui blinked.
Zhang Fei smiled and said, "In fact, I can understand Judge Qi's thoughts at the time. Because they were caught in adultery in public and in a temple, it attracted a lot of attention and public opinion was agitated. Judge Qi followed public opinion and made this judgment in order to calm public anger. But this is obviously a taboo in the judiciary. As judicial officials, we must not be swayed by public opinion."
As he spoke, he picked up the newspapers again. "These are the articles published at that time. They all used those rumors to describe how slutty Liu Qin was and how she was available to anyone. They also described how evil or incompetent Liu Qing was, in order to uphold the law. But based on the facts investigated today, everything written here is bullshit. They are not upholding the law, but being superior."
Many scholars and officials blushed. At that time, they also wrote articles to promote etiquette and laws based on this case.
Who would have thought that these articles would become one of the evidences in this case.
Zhang Fei continued, "Justice is about pursuing the truth and the full picture of an incident, so that it can be fair and just. There is a big phenomenon in public opinion, that is, a flaw in a perfect jade is very easy to encounter a glimpse of the leopard through a tube. This is a very classic combination, and also a very deadly combination. When the two meet, there will inevitably be injustice. If the judiciary is influenced by public opinion, nine out of ten times, it will create a wrongful case."
At this point, he raised his head and said loudly: "When I wanted to appeal this case, countless people warned me not to do so, as it would affect etiquette and law. And my response was to treat them as farts and laugh it off. I am a professional judicial official and the chief judge of Shaanxi Road. How could I be swayed by their little tricks? As long as we find solid evidence, our procuratorate will appeal."
The whole place was in complete silence.
Whether it was Sima Guang or Wang Anshi, the corners of their mouths were twitching.
Who the hell are you scolding?
Even Wang Gong and Qi Ji looked at Zhang Fei with question marks on their faces.
Brother! Do you want to experience the feeling of backstabbing?
Zhao Yan coughed and said, "As a professional judicial official, should you be full of foul language?"
"Sorry! I was a little emotional just now. I take back the swear words I said just now. I hope the president will forgive me." Zhang Fei hurriedly apologized.
Zhao Yan also followed his words and said: "Then you can talk about something professional."
"yes."
Zhang Fei added: “If we proceed from the concept of the rule of law, Judge Qi’s ruling will only become more ridiculous.
I have also emphasized one point in class, that is, the "Song Dynasty Criminal Code" of our dynasty was based on the "Tang Law Commentary", and the "Tang Law Commentary" was written based on Confucianism, that is, virtue is the main and law is auxiliary. The law is to defend the lowest moral standards, while the etiquette law is a very high standard.
Based on this point, Judge Qi's ruling is to abolish the lowest moral standards and then defend the highest moral standards. This sounds strange, but this is the fact.
And the results also tell us that doing so will directly cause the majority of people to become sarcastic and tell lies against their conscience, while some people who want to tell the truth will be forced to fabricate facts and spread rumors.
If it happens a few more times, then rituals and music will collapse. It can be seen that if you want to defend rituals and laws, you must first defend justice. To abolish judicial principles and defend rituals and laws is actually putting the cart before the horse, which is either stupid or evil. "
As soon as he finished speaking, Qi Hui slumped down in his chair.
Sima Guang saw this and felt a headache. Why did you say that? You know the character of this brat. If you don't provoke him, he will also consider your face. If you provoke him, he will definitely not show mercy.
Zhao Yan thought for a moment and suddenly said, "Prosecutor Zhang, you have also been the presiding judge. If you were faced with this case, how would you rule?"
Zhang Fei was stunned for a moment, then replied: "In fact, this case is not complicated. If it were me, I would immediately find Liu Qing, tell him what happened, and tell him that according to judicial principles, the decision of whether to sue or not is in his hands."
Zhao Yan said: "But if the other party chooses not to sue, will this affect the etiquette?"
Zhang Fei asked back: "Has the Grand Court President ever thought about whether your question would affect the judiciary?"
Zhao Yan was shocked by the hat he put on and said quickly, "I'm just asking, I have no other intention."
Zhang Fei said seriously, "But what the Grand Judge said is implying that following the judiciary may undermine etiquette. I don't know what the Grand Judge is thinking when he asked this question, but we prosecutors fight cases based on the judiciary, not on etiquette, so I don't know how to answer the Grand Judge's question."
Wang Gong was dumbfounded and couldn't help but whispered, "You are going to offend everyone!"
Zhang Fei said, "We in the Procuratorate don't rely on the judge's mood to make a living. Let's just talk about the facts. There's nothing to be afraid of. When I was in Hezhong Prefecture, Su Ziyu would always come to teach me a lesson. I learned this from him."
Zhao Yan looked a little embarrassed. He hesitated for a moment and nodded, saying, "I'm sorry, I made a mistake. I take it back."
He felt very aggrieved. When he said this, he actually just wanted to shut the mouths of the literati, but he was outmaneuvered by Zhang Fei.
Good intentions are not always rewarded.
Zhang Fei continued, "When I was talking about the law of the legal system, I mentioned that etiquette and law can be used as a reference for judging whether a person is guilty or not. If a person breaks the law and has an extremely bad influence on the moral level, he can be severely sentenced.
But as far as this case is concerned, if Liu Qing did not sue, according to the law, Liu Qinshi could not be convicted. If there is no conviction, then the law cannot be used to convict.
If etiquette and law can override judicial conviction, then I also want to know, who in the court can represent etiquette and law? Who can give me a standard for etiquette and law judgment? If anyone can give me these answers, our procuratorate is actually willing to comply. "
He spoke these words forcefully and forcefully.
Wang Anshi smiled and thought to himself, “You little brat really knows how to take advantage of every opportunity.”
He knew that the purpose of Zhang Fei's lawsuit was to suppress rites and laws, and that the judiciary must also be independent of rites and laws.
At this time, a scholar-official said indignantly: "Can we just take care of the judiciary and ignore the public opinion?"
Finally, I thought you had forgotten this trick, that more people means more justice. Zhang Fei replied: "Of course not. The righteous have many supporters, while the unrighteous have few supporters. The will of the people cannot be ignored, but this is not a matter of having your cake and eating it too. It can be solved.
People all over the world can ask the court to directly abolish this principle. The Legislative Council has this power. As long as it is abolished, then if such cases occur again, our procuratorate will not file an appeal. It is that simple. "
The scholar-official had already been angered by Zhang Fei, and was about to say that he would report to the government and abolish this principle, but someone next to him pulled him back, and he reacted and sat down immediately.
If you demand the abolition of this principle, then you may not be in the majority.
Zhang Fei smiled slightly, "Everyone, you might as well think about why there is such a principle? What is the reason for it?"
Zhao Yan stroked his beard.
No one responded.
Zhang Fei looked around and said, "For those who are asking the government to severely punish Liu Qinshi, the answer has been given to you. As long as everyone demands the abolition of this principle, people like Liu Qinshi can be punished as much as they want."
The whole place was in complete silence.
After waiting for a while, Zhang Fei said, "As I said before, this lawsuit is not about redressing injustice for anyone, but about defending the laws and regulations. It is about defending the legitimate rights and interests of everyone. When judicial officials can break the laws at will, you will all suffer."
Meng Gansheng suddenly shouted, "Is Prosecutor Zhang appealing or is he giving a class?"
Some officials quickly echoed.
If you keep talking, this person will change his mind!
Zhao Yan also came back to his senses and hurriedly said, "Prosecutor Zhang, you can make your closing statement."
Zhang Fei was stunned for a moment, and said hurriedly: "In fact, what I said above is the closing statement I prepared. The decision of the Xiangfu County Imperial Court will cause irreversible damage to the explicit law that adultery must be arrested, so I implore the chief judge to invalidate this decision and hand over the final decision to Liu Qing.
There is also the matter of Miaokong. Miaokong is one of the key witnesses in this case and a relevant stakeholder in this case, and his testimony will directly affect the judge's decision.
According to the testimonies of relevant witnesses, it is sufficient to prove that Miaokong deliberately made false testimony in court, committed the crime of not telling the truth, and the circumstances were serious. "
Zhao Yan nodded. At this point in the trial, he gradually understood why Zhang Fei wanted to add this accusation and why he wanted to keep someone here. This way, the other party would have nothing to say. He did not pretend to check the confession again, but directly announced: "According to the prosecution of the procuratorate, this presiding judge declares that the judgment of the Xiangfu County Imperial Court on the Liuyun Temple adultery case is invalid. It will be up to Liu Qin's husband Liu Qing to decide whether to appeal."
"roar!"
Before he finished speaking, thunderous cheers rang out outside the courtyard.
When the people heard this, they all understood that if they did not defend this principle, they might be the next victim.
Of course that won't work.
This is the power of the people.
It can only be said that Zhang Fei not only won the lawsuit, but also reversed public opinion.
Many scholars and officials were so angry that they left in anger.
The cheers made them feel somewhat threatened.
Wang Gong bowed and said, "Prosecutor Zhang is indeed worthy of his reputation. I am grateful for your advice."
Qi Ji also bowed.
The lawsuit has already been fought. How could they not understand Zhang Fei's intention? He was warning them that focusing on justice is to defend the law and ethics, and they should not be swayed by public opinion, but should explain it clearly. In this way, they will naturally be understood by everyone.
This is actually very important, because before this, there has always been confusion between etiquette and law and justice, and in many cases, justice has been overwhelmed by etiquette and law.
This case is the classic example.
Qi Hui was concerned about the huge impact and was afraid that a different verdict would lead to criticism from the literati, so he ignored Liu Qing's rights and interests and his trial was actually rather rough.
He only wanted to confirm one thing, whether the adultery was true.
He believed that as long as this was true, there would be no problem with the verdict even if the truth was revealed.
All I can say is, sir, times have changed.
In fact, Qi Ji, Wang Gong and others also thought so, but after this lawsuit, they also realized that this was not the spirit that the procuratorate should have.
Zhang Fei bowed and said, "No way! No way! Everyone has contributed greatly to the victory of this lawsuit. So, I'll treat you. Let's go to the restaurant and have a good meal."
After saying that, he seemed to think of something, "You guys shouldn't be afraid to go out with me today, right?"
"Shame on you! Shame on you!"
Several people immediately packed up the documents.
Suddenly, a hoarse voice was heard, "I won't sue! I won't sue! I beg you to let my wife go."
A few people turned their heads to look, but saw Liu Qing being stopped outside by two court guards, shouting at the top of his lungs. In fact, he had been shouting for quite a while, but his voice was drowned out by everyone's cheers.
Wang Gong and Qi Ji smiled knowingly, and a sense of satisfaction suddenly surged in their hearts.
But a hint of worry flashed across Zhang Fei's eyes.
Lu Huiqing, who was about to leave with Wang Anshi, also heard Liu Qing's shouting. He glanced at Liu Qing and said to Wang Anshi, "Master, I think Zhang San is going all out to fight this lawsuit because he is trying to suppress the rites and laws. Just like when he was teaching, he kept saying that he wanted to defend the rites and laws, but in fact he was upholding justice."
Wang Anshi said: "This is a hundred benefits for us and no harm at all!"
Lu Huiqing nodded with a smile.
The reformists also wanted to break some old traditions. In this regard, they and Zhang Fei had a common enemy. On the contrary, Sima Guang might be in a difficult situation.
"Xiye, don't take it too seriously. No one is perfect. I was also humiliated by that kid in the Ayun case."
Sima Guang couldn't help but comfort him.
Liu Shu sighed, "Actually, you really shouldn't have stood up at that time. Zhang San didn't point the finger at you, so why did you do that?"
Qi Hui raised his head and looked at them blankly, "So, you all think I made a wrong judgment?"
".!"
Several people were speechless for a while.
Zhao Yan has made this judgment, so...!
Sima Guang said, "It's not your fault. After all, this verdict has been reviewed many times. Mr. Fu and I didn't think there was anything wrong with it before."
Fu Bi and Wen Yanbo also nodded.
Just at this moment, there was a sudden noise.
Several people looked up and heard faint crying and shouting coming from the other side.
Sima Guang couldn't help but ask: "What happened?"
Fu Bi seemed to feel something was wrong, so he immediately asked his servants to go and ask.
Soon, the servant came back and said, "Master, I heard that the criminal Liu Qinshi took advantage of the guards not paying attention and hit her head against the corner of the wall and died instantly."
"ah?"
Everyone was shocked when they heard this.
Over there, Zhang Fei and Qi Ji had finished their formalities and were just about to get on the carriage to leave when they suddenly heard shouting from behind.
"Prosecutor Zhang! Prosecutor Zhang!"
Zhang Fei looked back and saw a court police officer running over. He frowned slightly and asked, "What's the matter?"
The court officer came up to them and panted slightly, "Just now, Liu Qin committed suicide by hitting her head against the wall."
"Hoo!"
Everyone was shocked.
Qi Ji said excitedly: "Why? She has been acquitted."
The court officer shook his head and said, "We don't know either."
Only Zhang Fei was relatively calm and asked, "Did she commit suicide because she knew Liu Qing won the lawsuit?"
The court guard nodded and said, "We are following the order of the chief judge to take Liu Qin to the yamen to handle the relevant procedures. And because we have already told her that she may be free soon, we did not expect that she would suddenly commit suicide."
Zhang Fei nodded and said, "I understand."
The court officer asked, "Wouldn't Prosecutor Zhang go over and take a look?"
Zhang Fei shook his head and said, "I have some things to take care of here."
Wang Gong and Qi Ji looked at each other and said to Zhang Fei, "Prosecutor Zhang, why don't we go back and take a look? Anyway, we are not in the mood to celebrate at the restaurant now."
Zhang Fei nodded and said, "Okay, let's go next time."
"Goodbye."
"Everyone, take care."
Liu Qin's sudden suicide undoubtedly cast a shadow over this great victory.
In the evening, at Zhang's house.
Xu Lingxiao picked up the chopsticks and suddenly saw several women sitting there motionless. "Why aren't you eating?"
Zhang Fei also said: "Just now I heard from Qingmei that my father-in-law has an appointment with Liu Sheren tonight and will not be back for dinner."
"It has nothing to do with Daddy. I'm just not in the mood."
Xu Zhiqian was upset and said, "I just don't understand. You have already helped them win the lawsuit, why... why did Liu Qinshi commit suicide?"
Gao Wenyin also sighed quietly.
Xu Lingxiao suddenly felt a little embarrassed. After all, he had been trying to stop Zhang Fei from filing a lawsuit before, but he didn't expect that after the lawsuit, it would also reverse public opinion.
Zhang Fei put down his chopsticks again. "In fact, I have already thought that this may be a doomed tragedy, no matter how the lawsuit ends."
"You had guessed long ago that Liu Qin might commit suicide?" Xu Zhiqian asked in surprise.
Xu Lingxiao, Mu Zhen, and Gao Wenyin also looked at Zhang Fei in shock.
"Um."
Zhang Fei nodded and said, "You know, the last time I went to Xiangfu County, I met Liu Qinshi. She was very calm from beginning to end, and she also said in person that she had planned to wait until Liu Qing passed the imperial examination before committing suicide. And she did this without anyone knowing about it. Moreover, now the whole city is in an uproar, and everyone knows about it. In other words, when she dedicated herself to Miaokong, she had already decided her own fate."
Mu Zhen couldn't help but sigh: "Why is it so?"
Zhang Fei said: "Sister-in-law, what you said is wrong. Although from the process of the case, it seems that Miaokong raped Liu Qinshi, but I think Liu Qinshi is actually a very smart woman. She was not raped by Miaokong. Therefore, when Miaokong pushed the responsibility on her, she did not refute it.
Because she thought very clearly that if she wanted to help Liu Qing concentrate on studying and pass the imperial examination, she, as a woman, actually had no choice. Even if she didn't trade with Miaokong, she might choose to go to the brothel. "
Upon hearing this, Mu Zhen shook his head and sighed.
Gao Wenyin even wiped her eyes quietly. She was the most touched by Liu Qin's experience.
Xu Lingxiao suddenly said: "Since my brother-in-law has guessed that she might commit suicide, why not try to persuade her."
Zhang Fei said: "My winning this lawsuit is already the best persuasion for her. For this reason, I didn't even let her testify in court. Otherwise, it would be easier for me to win."
Xu Lingxiao nodded.
Zhang Fei shook his head and sighed: "She was thinking about Liu Qing wholeheartedly, so she would never let herself become a stumbling block in Liu Qing's career and a stain on Liu Qing. And I guess she didn't commit suicide before because she was concerned about Liu Qing's safety. Now that the lawsuit has been won, she has nothing to worry about anymore."
At this point, he added: "Although Liu Qin is gone, she also left us a lesson. Husbands and wives should still be honest with each other, support each other, and respect each other, instead of thinking of taking on everything alone. Only in this way can they reach the end of their lives together."
Xu Lingxiao nodded and said, "Brother-in-law is right. I'll give you a toast. Don't take what I said before to heart."
Zhang Fei raised his glass quickly and said, "Brother, you are too polite. I have to tell you next time. What if I am wrong next time and you don't remind me, then I will be finished."
After he said that, Xu Lingxiao was completely relieved, "Okay, okay! Let's do it!"
"Dry!"
Putting down the wine glass, Zhang Fei said to Xu Zhiqian and Gao Wenyin, "Eat! Eat! You two pregnant women, please don't make people worry."
Xu Lingxiao said awkwardly: "Yes, three."
"Three?"
Zhang Fei was stunned.
Xu Zhiqian was the first to react, "Sister-in-law is pregnant too."
Mu Zhen nodded shyly.
"Oh! Sister-in-law, congratulations, congratulations, I toast to you."
"Sister-in-law, congratulations. My husband and I toast you."
"Your sister-in-law can't drink alcohol now, I'll drink for her."