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...
As the ancients said, don’t turn back until you hit the wall.
But in fact, many times, even if you know there is a wall, you still have to crash into it, either killing yourself or breaking the wall.
Like Emperor Yang of Sui, didn’t he know that if things continued like this, the country might be in trouble?
He must have known this, but for the emperor, imperial power is above everything else.
If he stops halfway, it means that his original choice was wrong.
A truly wise emperor would not speak without thinking. He would usually let his ministers speak so that when accountability is called, there would be a scapegoat.
Zhao Xu is now also facing this difficult problem. The Dongliu Plan was promoted by him and Wang Anshi, but the result was just as Sima Guang expected. It consumed too much manpower and material resources, but still saw no results. This is a very large project.
Zhao Xu was different from Emperor Yang of Sui. He loved money but was also very frugal. He wanted to save money for war and was reluctant to spend so much money, but he could not back down because Wang Anshi would definitely not agree. If he spent so much money and then said no halfway through, it would only mean that his and Wang Anshi's original decision was wrong, and Sima Guang was right.
Wang Anshi will definitely be blamed for this, but the emperor's authority will also be questioned. At that time, even if Zhao Xu is unwilling, he will have to completely side with Sima Guang. More importantly, Zhao Xu still needs Wang Anshi very much at the moment.
Since he couldn't do anything on the left or right, he could only fight his way out of the encirclement in the middle. Therefore, Zhao Xu could only rely on Zhang Fei in this matter.
...
...
But since you want to use the public security, procuratorate and courts to get away with it, you must put the matter on the table, because the public security, procuratorate and courts cannot cover up.
Cheng Fang also had to be investigated by the public security, procuratorate and courts.
This involves imperial power and legal power.
The procuratorate took the initiative to investigate Cheng Fang and convicted him, which is legal power. If the emperor asked the procuratorate to investigate Cheng Fang, the result might be the same, but this is imperial power.
Zhang Fei's plan made Zhao Xu very satisfied. According to this plan, all decision-making power was in his hands, and at the same time he could jump out of the sinkhole of the Dongliu plan.
This is actually an important reason why Zhao Xu valued Zhang Fei, which was to use the strength of a third party to balance the reformists and conservatives. If Zhang Fei was not there, he would only be able to choose one of the two.
Imperial city.
"Inspector Xu!"
"It's Director Meng and Minister Xie. You are polite. You are polite."
Xu Zun bowed slightly.
Meng Gansheng and Xie Yun also bowed in return.
"Prosecutor Xu, the Cheng Yi case has caused a lot of uproar in the city. Why hasn't your procuratorate taken any action?" Meng Gansheng asked.
Xie Yun hastily added: "We are not urging the procuratorate, but this matter is getting worse and worse, and it needs to be resolved as soon as possible!"
Xu Zun sighed, "To be honest, I was also anxious. After learning about the secret complaint, we immediately sent people to investigate, but this takes time, and our procuratorate relies on evidence. We cannot prosecute based on just the secret complaint. We can only wait for the results of the investigation to come out before making a decision. Alas, I don't know which villain spread the news, and now our procuratorate is in a state of panic."
Meng Gansheng's eyes flashed with guilt, thinking, is he hinting at something? But he pretended to be concerned and said, "We all know this, but I think you should hurry up, or you will not be able to finish it."
Xu Zun nodded and said, "Thank you both for your concern. I have sent more people to investigate."
Baifan Building.
"Now that the fourth brother has gone to Xihe and Mr. Fan is not here, we have to leave the charity foundation to you, Mr. Yuan."
Zhang Fei said as he and Fan Yong walked upstairs.
Fan Yong sighed, "I had originally planned to hand over Baifan Building to Zheng'er and live out my days in peace, but I didn't expect this to become more complicated than before."
Zhang Fei smiled and said, "Who told you not to have more children? Look at Old Chen, he has already sent three out, and there are still two sons waiting at home."
Fan Yong said sadly: "You think I don't want to, but I was busy with business in my early years and ignored this matter. When I got older, I couldn't do it anymore."
Zhang Fei said sympathetically: "Sorry! I can't help you with this kind of thing."
"I don't want your help either."
Fan Yong glared at Zhang Fei in anger. He was taking advantage of this? Suddenly, as if remembering something, he said, "Oh, right! In the past few years, we have donated no less than 5,000 strings of cash to the Military Equipment Bureau every year, but in return, we only got a short stick and a pair of ropes. Many people are dissatisfied with this."
Zhang Fei laughed and said, "This is just an excuse to give money. You have been doing business for so long, you wouldn't be ignorant of this."
Fan Yong whispered, "That was in the past. But now we have many reasons to send money to the court. This time we donated money to the court to build a college and a hospital. There is no need to send money to the Military Equipment Bureau. The officials of the Military Equipment Bureau can't give us anything."
Zhang Fei said: "I'll go and take a look then."
Old Fan had no idea that Zhang Fei had instructed the Military Equipment Supervisor to develop firearms at that time. It was impossible to expect results in just a few years.
Even if there are results, they can’t be given to the Royal Police!
"Hey! Zhang Sanlang."
Suddenly someone shouted, Zhang Fei turned his head and saw Lu Jiawen just walking out of a private room.
"It's Judge Lu, what a coincidence!"
Fan Yong very tactfully bowed, made an excuse to excuse himself, and then walked along the corridor outside towards the charity foundation.
"Sanlang, are you still in the mood to come here and drink?" Lu Jia asked with a smile.
Zhang Fei shook his head and said, "With two pregnant women at home, how can I have the mood to come here to drink? Didn't the charity foundation agree to donate to the court to build a college and hospital recently? But Ma Laosi also went to Xihe, so I came to visit by the way."
Lu Jiawen was surprised and asked, "There is a lot of noise about the sailor case, and you are still in the mood to care about it."
Zhang Fei laughed and said, "It's just a fuss outside. Our procuratorate is looking at the evidence. We are still in the investigation stage. Before the results of the investigation come out, we have nothing to do."
Lü Jiawen looked around and whispered, "But the court is already fighting over this, this is no small matter."
Zhang Fei said: "For us, the public security, procuratorate and courts, this is not a big deal. We just need to follow the rules. It's their business if they want to argue."
Then he looked at Lu Jia with a smile and asked, "Judge Lu, you have been the judge for so many years, but you still haven't understood the most subtle aspects of the public security, procuratorial and judicial systems."
Lu Jia asked, "I would like to hear your opinion."
Zhang Fei said: "The rules are above and the people are below. What matters is a relaxed atmosphere. I am here to have fun today, so what? I am on holiday today. The public security, procuratorial and judicial organs only need to follow the rules. I am not happy that you changed the rules!"
Lu Jia asked, frowning and thinking.
Zhang Fei knew that this person was ambitious and liked to show off, but this might have an adverse effect on the imperial court, so he said: "This is actually the foundation of our public security, procuratorial and judicial organs. The more you want to show off, the more you will lose face. But the more low-key and relaxed you are, the more you can shine. Making light of heavy tasks is the highest realm for our public security, procuratorial and judicial officials. This is also the biggest difference between us and those exaggerated censors, because we are professionals."
Lu Jiawen looked at Zhang Fei, a hint of shame flashed across his eyes, and he bowed and said, "Thank you Sanlang for your advice."
“I don’t dare!”
Zhang Fei smiled modestly: "I'm just talking casually. If there's nothing else, I'll get busy first."
"Oh. Please."
After all, Lu Jiawen came from the Lu family, a veritable prime minister's family, so Zhang Fei just gave a reminder. As for whether he listened or not, that was his business.
Palace.
Wang Anshi and Lu Huiqing hurried to the study. After closing the door, Wang Anshi said, "Cheng Yi has friends all over the government and the country, and he is highly respected by scholars in Luoyang. If you impeach him, it will only arouse more people to oppose the new policy."
Lu Huiqing said: "But this will also make more people support us. It was the other party who didn't talk about morality first. They only focused on Cheng Fang's deployment of sailors and conscription of labor, but did not mention Cheng Fang's achievements. This is not fair.
Moreover, Cheng Yi opened the city gates and allowed the sailors to stay without consulting Cheng Fang. If everyone followed his example, how could the new policy be implemented?
The students thought that it was precisely because Cheng Yi was quite popular among the scholars that if he could be suppressed, then no one on earth would dare to refuse to implement the new law.
Although his ideas were completely consistent with Wang Anshi's, there were some differences in their styles. Lu Huiqing believed that only through struggle could one strengthen one's power and implement the new policies.
Wang Anshi still cared about the new policy, but he did not deny Lu Huiqing's idea, saying: "But what if we can't suppress it?"
Lu Huiqing said: "But the government will definitely stand on our side, and their efforts will be in vain."
Wang Anshi said: "But the fact is that many people want to use this incident to attack the public security, procuratorial and judicial organs."
Lu Huiqing seemed to have thought of something and said, "It is said that Zhang San has been busy with the donation law in Baifan Building recently. It seems that he really has no intention of participating in it."
Wang Anshi nodded and said, "Didn't I tell you that he would stay out of this matter?"
Lu Huiqing said: "But many people will definitely try their best to get the procuratorate involved. The purpose of their denunciation is to target the public security, procuratorate and courts."
Wang Anshi looked up at him and asked, "What do you mean by that?"
Lu Huiqing said: "If the procuratorate gets involved, there are only two choices: either convict Cheng Yi or convict Cheng Fang.
The former is self-evident, but if the procuratorate chooses the latter, it will surely attract more people to support us, because for those people, as long as they can overturn the imperial court's verdict, it is equivalent to suppressing the public security, procuratorate and courts. With the support of the government, we are also sure to win."
Not all of them are on his side. If he wants to bring the public security, procuratorate and courts in, they have to make a choice.
Wang Anshi frowned slightly, "So you are planning to use this incident to defeat the police, procuratorate and courts?"
Lu Huiqing said: "They want to use this incident to attack Cheng Fang in order to bring down our teacher, and I am just following the trend. In the end, we cannot stop them from dealing with the public security, procuratorate and courts. If we support the public security, procuratorate and courts, we will lose the support of many people, and Sima Xueshi and others will not help us."
Wang Anshi pondered in silence.
In fact, they had no choice at this point. In ancient times, controlling the Yellow River was always the country's top priority. If they admitted that this policy had failed, someone would have to take responsibility, and Wang Anshi might suffer a devastating disaster.
This is the most terrifying thing about party strife.
Once it started, it was difficult to stop. Neither Wang Anshi nor Sima Guang could control the situation.
Many people on the conservative side wanted to use this incident to bring down Wang Anshi.
The reformists want to use this opportunity to suppress the public security, procuratorial and judicial organs.
I won't reason anymore.
Because neither side can afford to lose!
Fortunately, this secret complaint was filed with the procuratorate, and the results of the procuratorate's investigation will be the main focus for the time being.
Since the procuratorate did not produce any results, it was inconvenient for everyone to go through the formalities and report the case to the emperor.
Although everyone already knows the whole process of the incident, their source of information is not official.
Therefore, many officials are putting pressure on the procuratorate. We all know what is going on, but your procuratorate has not yet found out. This is really outrageous.
finally!
Finally, news came from Qi Ji, and the process was just as Zhao Xu described.
After "careful" review, the procuratorate officially announced that the secret petition was alarmist and would not be accepted due to lack of evidence.
This immediately caused an uproar, and both sides were dissatisfied with the result.
Censors Deng Wan, Pei Wen and others immediately accused Sima Guang of instructing the procuratorate to shield Cheng Yi.
Conservatives such as Liu Shu also accused the procuratorate of only investigating Cheng Yi but not Cheng Fang, and of not investigating why those sailors deserted service.
You are the procuratorate, not Erbi. The country is behind you and you have to safeguard national interests. How can you say that you will not investigate Cheng Fang just because the other party is suing Cheng Yi?
At the same time, the literati also launched a public opinion offensive, making public what Cheng Fang had done in Hebei and accusing the procuratorate of shielding eunuchs.
Eunuchs and forced labor, this classic combination, immediately aroused public indignation.
Especially those young scholars, they also blamed the procuratorate, saying that you always talk about fairness and justice, but when you meet eunuchs, you back off.
They all wished they could just call out the emperor's name.
You are the emperor's minions.
However, faced with the surging public opinion, the procuratorate also acted very strongly and directly published an article to make the process of the incident public and explain the reasons. There is currently insufficient evidence to bring a lawsuit against Cheng Yi. As for what Cheng Fang did, he had the authority to mobilize the people to build the river, and there was no corruption or bribery.
Our procuratorate relies on evidence, unlike some other government agencies that can prosecute upon hearing any news.
But it's useless. The people think that you are wasting people's time and money to such an extent, but it is not illegal. Do you understand the law?
Court of trial.
"I told you in advance that their goal is to deal with the public security, procuratorate and courts. It is absolutely correct for the procuratorate to retreat. Why do you still want to hold on to the procuratorate?"
Sima Guang questioned Liu Shu and others angrily.
The public opinions out there are instigated by these conservatives.
Liu Shu said: "It's not that we are holding on to the public security, procuratorate and courts, but we need them to return Cheng Yi and give justice to the people of Hebei. If this matter is handed over to the Censorate for trial, we will most likely not win because the government will definitely support Cheng Fang.
Isn’t the reason why we support judicial reform to solve these problems? How can we make the public security, procuratorial and judicial organs retreat? Then what is the purpose of supporting judicial reform? "
His words completely confused Sima Guang.
It seems to be the case!
Sima Guang did not allow the procuratorate to intervene, in fact, to protect the procuratorate, because this would infringe on the imperial power.
But in the eyes of conservatives, the public security, procuratorial and judicial systems are used to protect us, not to create treasures for us to protect.
Make sure you know the target!
Now the conservatives feel that the situation is unfavorable to them, because the reformists have many supporters, especially many powerful classes, and they all conclude that the emperor wants to protect Cheng Fang and support Wang Anshi.
Because it is impossible for them to admit their mistakes.
So in the confrontation with the Censorate, their chances of winning are obviously not as high as the other side, and they need the public security, procuratorate and courts.
It’s not that they think the public security, procuratorate and courts will be biased towards them.
unnecessary!
As long as the public security, procuratorial and judicial organs handle the case fairly, it will be beneficial to them. They all believe that they have a clear conscience and that the other party is guilty.
In the process of this party struggle, the nature of the whole thing is changing. The two factions have gone from being hostile to directing their spearheads at the public security, procuratorial and judicial organs.
Both believed that the procuratorate was shielding the other party.
But the procuratorate is also very strong. We act according to principles and will not be influenced by public opinion. You can say whatever you want.
The matter is actually becoming simpler because everyone is impeaching the Procuratorate.
There is no dispute.
At this time, the emperor had to step forward.
So Zhao Xu convened a key meeting, with only the prime minister and Xu Zun attending.
Xu Zun gave the same explanation, "Your Majesty, Cheng Yi is the deputy commander of the Tanzhou militia, and he has the authority to appease those soldiers.
Cheng Fang was acting on the emperor's orders, and there is currently no evidence to prove that there was corruption or bribery. It was just that the government was not well prepared and failed to provide reasonable food and clothing.
This made the soldiers unable to bear it, so they fled to the city, but after some rest, they returned to the river and continued to build the river.
After a review, the procuratorate determined that this was not sufficient to initiate prosecution.”
Zhao Yan also stood up and said, "Your Majesty, our imperial court is also aware of this matter. The accusation against Cheng Yi is purely false. Even if the procuratorate files a lawsuit, our imperial court will not accept it."
Wang Anshi asked, "Prime Minister Zhao, are you implying that the evidence against Cheng Fang is irrefutable?"
Zhao Yan said: "That secret petition was only against Cheng Yi, not against Cheng Fang."
Sima Guang stepped forward and said, "Why was the government ill-prepared? It was because Cheng Fang imposed heavy labor on Hebei, which wasted money and manpower, and the Hebei government was exhausted and could no longer repair the river. I said at the beginning that we should not rush to dredge the East River."
Wang Anshi said, "Not in a hurry? How can you say that? Hebei suffers from floods every year, and so many innocent people suffer. Can the court just sit there and watch the people suffer?"
Sima Guang said: "Of course I don't want to see it, but what you are doing is making things worse! Sacrificing people's livelihood to build a river is simply putting the cart before the horse."
Wang Anshi said: "If you don't repair the river, when there is a flood, you will use it as an excuse to say that it is the government's fault. You are the gods and the ghosts. This is really unreasonable."
"you!"
Sima Guang couldn't help but secretly glance at Zhao Xu.
Zhao Xu's face was indeed somewhat embarrassed. This was the truth, and everyone knew that in fact, building dams could prevent floods, but why was it that when a flood occurred, it was because I was unkind.
Whether it is repaired or not, it is all my fault.
How outrageous!
Sima Guang did not dare to argue further, because natural disasters were an important reason they used to restrain the emperor. Logically speaking, as a minister, he should never question this reason, as this would weaken his power.
But Wang Anshi didn’t believe in this at all. He admired the Legalists. “Natural disasters are nothing to be feared” was his famous saying!
Zhao Xu suddenly said, "Since the public security, procuratorate and court all believe that the current evidence is insufficient to open a trial, we should not force it. Let's hand this case over to the Censorate for trial."
Sima Guang was suddenly startled and his back was already wet.
In this context, Zhao Xu appointed the Censorate to conduct the trial, which was obviously disadvantageous to them.
Wen Yanbo realized that the situation was somewhat dangerous, and immediately stood up and said, "Your Majesty, I think that now the court and the people are quite skeptical of the public security, procuratorate and courts. If the case is handed over to the Censorate for trial, it will be extremely detrimental to the development of the public security, procuratorate and courts."
Sima Guang nodded repeatedly and said, "That's right."
Xu Zun said cautiously: "But if our procuratorate prosecutes without any evidence, it will be questioned even more."
Wen Yanbo frowned and asked, "Chief Prosecutor Xu, so many people are questioning you, whether they are officials or ordinary people. That can only mean one thing, that you are not doing well enough. If you have done everything perfectly, how could there be so many people questioning you?"
This ginger is still spicy when it’s old!
Xu Zun hesitated for a while and said, "If everyone suspects that our procuratorate has selfish motives, then our procuratorate can hold a hearing to decide whether to prosecute."
"A hearing?"
Everyone was stunned.
What is this?
Zhao Xu's mind was as clear as a mirror, and he was not surprised at all. But suddenly he realized that he should be surprised, and said thoughtfully: "Hearing? This sounds familiar."
Xu Zun replied: "Your Majesty, this is the system created by Prosecutor Zhang when he was the chief judge in Hezhong Prefecture."
Zhao Xu nodded repeatedly and said, "I remember now, I remember now."
Fu Bi suddenly asked, "Aren't hearings used to explain precedents?"
Xu Zun explained: “At that time, Prosecutor Zhang was the chief judge of Hezhong Prefecture, and those hearings were all held through the Royal Court, so they were mainly to explain the relevant judgments.
But in fact, the procuratorate can also hold hearings on its own, which is generally used for highly controversial cases. The procuratorate will listen to the suggestions of all parties at the hearing, and all parties will list relevant evidence, and discuss how to resolve the dispute in a fair and just manner. "
Fu Bi asked, "What is the difference between a hearing and a trial?"
Xu Zun replied: "According to what Prosecutor Zhang said, hearings are mostly used to listen to the opinions of stakeholders before government agencies issue government orders. This is an administrative procedure.
The trial is a judicial procedure conducted before the royal court makes a judgment.
Take this case for example, the purpose of the hearing is to discuss whether the procuratorate should prosecute the case, while the trial is to determine whether the relevant person is guilty.
Fu Bi was surprised when he heard this. Is it really that thin?
Every administrative decision made by the procuratorate must be discussed at a meeting.
Wang Anshi and Sima Guang were also confused.
Is it still possible to do this?
Wen Yanbo was quick to respond and said, "I agree that the procuratorate should hold a hearing to decide whether to prosecute."
They don't have a choice now.
Sima Guang also reacted and expressed his support.
Wang Anshi was still not quite sure what this hearing meant, but he had no reason to object. After all, everyone was questioning the procuratorate now, and it was reasonable for the procuratorate to prove its innocence!
He chose to remain silent.
Zhao Xu smiled secretly, thinking, I don't know if Zhang San is too cunning or you are too stupid, but Zhang San calculated it exactly. He said, "Chief Prosecutor Xu is more thoughtful. Let's do this for now. After the hearing is over, if the procuratorate still decides not to prosecute, we will hand it over to the Censorate for trial."
"I obey your command."
After Zhao Xu left, Wang Anshi and Sima Guang both hurried out, but after taking a step, they stopped and looked at each other. Wang Anshi smiled contemptuously and left first.
After he left, Sima Guang turned around and immediately grabbed Xu Zun, "Zhongtu, what's going on with this hearing?"
Fu Bi and Wen Yanbo also stood aside, listening attentively.
Xu Zun sighed, "This is the way I came up with to protect the public security, procuratorial and judicial systems. You should have heard about the rumors outside. They are all aimed at the procuratorate. In order to ensure that the system of the procuratorate is not destroyed, I think we can hold a hearing and cross-examine in public to defend the system of the public security, procuratorial and judicial systems."
Wen Yanbo asked: "What will be the result?"
Xu Zun said: "It depends on what kind of evidence the relevant parties will provide, and then the procuratorate will decide whether to prosecute based on the specific circumstances.
In other words, whether to sue is up to you to decide.”
Wen Yanbo asked again: "Is it possible that they won't sue?"
Xu Zun nodded.
Fu Bi suddenly asked, "If at the hearing, the procuratorate still says it will not prosecute, and it can convince the public, then what reason does the Censorate have to come to the trial?"
Wen Yanbo and Sima Guang's eyes lit up at the same time.
If the procuratorate can convince the public at the hearing, it only proves that there is really no evidence to prosecute. If the Censorate takes over the case again, it only means that the Censorate wants to frame someone else.
The Censorate is stupid, they just go and step on shit.
Xu Zun shook his head and said, "This official is not very clear."
But Fu Bi knew clearly that if this happened, the procuratorate would still be in control of the overall situation.
I said that we cannot prosecute, so this case cannot be tried.
I sincerely admire Zhang Fei in my heart. He is really good at finding solutions.
Wang Anshi, who had left earlier, naturally ran to find Zhang Fei. This hearing also caught him off guard.
"You kid still said that you didn't retreat to advance?"
When Wang Anshi saw Zhang Fei, he questioned him.
Zhang Fei was confused, "What?"
Wang Anshi chuckled and said, "Hearing."
Zhang Fei was stunned for a moment, then he sighed, "I've been forced to this point."
Wang Anshi was surprised and asked, "Has he been forced to this point?"
Zhang Fei said, "Master Wang, I have tried my best to stay out of this matter, but I never thought that you would point the finger at our public security, procuratorate and courts. I held this hearing to protect myself. Otherwise, I might be implicated."
Wang Anshi thought about it and felt that there was nothing wrong with it. Now both the reformists and conservatives were attacking the procuratorate, which was surprising. He then asked, "Will the hearing be disadvantageous to Cheng Fang?"
Zhang Fei said: "I don't know. That depends on your evidence. Because at the hearing, I will not target anyone, because I have no one to sue. I will just ask for suggestions from all parties and what kind of evidence they can present. Then, based on all the suggestions and evidence, I will decide whether to sue, who to sue, or whether to sue."
(End of this chapter)