At this point in the hearing, many officials were confused.

What is this doing?

Because in the eyes of many officials, whether it is a hearing or a trial, there must be a purpose, either to favor Cheng Fang or to favor Cheng Yi.

But when Zhang Fei came up, he would either give them fifty lashes each, or give them a big stick and a big date.

It's really confusing.

If we keep asking questions like this, then no one will know how to argue.

Couldn't get a result.

Most officials couldn't understand what Zhang Fei was trying to do.

After Liu En left, Wang Gong summoned Sheng Tao, the magistrate of Suizhou, to attend.

When Cheng Fang saw this person, a fierce look flashed in his eyes.

...

...

"Judge Sheng, I heard that when Cheng Dujian opened the Zhang River, you happened to be the Censor-in-Chief, inspecting Hebei Province?"

Zhang Fei asked.

Sheng Tao nodded: "Yes."

Zhang Fei asked, "What have you heard?"

Sheng Tao immediately said: "What I see is that it is a waste of money and manpower, and it is a loss to the country and the people."

Zhang Fei asked: "Can you tell me more about it?"

Sheng Tao said: "They forced people to work at night, trampled crops, dug up graves, occupied fields and destroyed houses. I don't know how many people there were. The voices of sorrow and resentment were spread all over the road."

Zhang Fei asked: "Did you see this with your own eyes?"

Sheng Tao nodded and said, "I saw it with my own eyes."

Zhang Fei asked: "Did you dissuade the eunuch at that time?"

Sheng Tao said: "Of course there are, but Cheng Dujian threatened us with the river defense works. If I dare to stop the river defense works, if there is a flood, I will be responsible. But I don't intend to hinder the river defense works, but I think that if they do it, it will only waste people's money and energy, and consume national strength. I advise them not to be so radical."

Zhang Fei asked, "Have you monitored Cheng Dujian personally?"

Sheng Tao seemed to understand what Zhang Fei meant, and nodded, "Yes, but I didn't find that Cheng Dujian used the water conservancy project to make money."

Zhang Fei asked, "Have you reported this to the court?"

Sheng Tao nodded. "After my persuasion failed, I immediately submitted a petition to impeach Cheng Dujian, and then I was transferred to Suizhou as a judge."

"Yeah?"

Zhang Fei was stunned for a moment and asked, "Do you think this is Cheng Dujian's revenge?"

Sheng Tao glanced at Wang Anshi, then shook his head and said, "I don't know."

Zhang Fei asked again: "So why are you returning to Beijing this time?"

Sheng Tao said: "I came to attend the Legislative Council at the end of last year. I was originally on my way back, but was brought back by the Procuratorate."

"I see."

Zhang Fei suddenly nodded at Wang Gong.

Wang Gong immediately summoned Wang Guanglian, the Chief of Criminal Justice of Hebei.

Wang Guanglian came and sat down next to Cheng Fang.

Zhang Fei asked with a smile: "Wang Tixing, as far as we know, when the Zhang River was opened, the court ordered you and Cheng Dujian to inspect and formulate relevant plans. Is that true?"

Wang Guanglian nodded and said, "Yes."

The Ti Dian Xingyu Si and Zhuanyun Si both had the authority to manage rivers, and because these officials were envoys, their power could better represent the central government.

Zhang Fei asked, "So you participated in the entire Battle of Zhanghe?"

Wang Guanglian nodded and said, "Yes."

Zhang Fei extended his hand to Sheng Tao who was standing opposite him, "You should have heard what Censor Sheng said just now. Is the situation really as he said?"

Wang Guanglian said: "The Zhanghe Campaign required the conscription of 100,000 laborers and stretched over 200 miles. The magnitude of the project is too great for you and me to describe at a glance.

Whether tombs have been excavated or not, that is true. Whether fields have been occupied or houses have been destroyed, that is also true, but these are all inevitable, and they are only a minority.

In order to win merit, the censors are mean and unkind, and love to dig up the root of things. They don't mention anything that benefits the people. For example, as Liu Tongpan said just now, many people in Mingzhou are happy to work, but they turn a blind eye. If what he said was widespread, Hebei would have been in chaos long ago, but the facts prove that this is not the case. "

Zhang Fei nodded and said, "But since these things did happen, did Wang Tixing seek justice for them?"

Wang Guanglian said: "I was busy with flood control at that time, so it was difficult for me to worry about it."

Zhang Fei asked again: "Does Wang Tixing think these things are illegal?"

Wang Guanglian shook his head and said, "I don't think that demolishing houses to widen the river is for the benefit of the people and the country, not for us to put those farmhouses into our pockets. If we don't manage the river well and allow the flood to spread, how can the farmhouses by the river survive?"

Zhang Fei asked again: "Regarding the demolition of civilian houses and occupation of civilian fields, does the government have any compensation measures?"

Wang Guanglian said: "There may be some omissions, but most of them are still recorded. Our dynasty allows the people to appeal, but it is estimated that we cannot provide money and land for compensation at present."

Zhang Fei asked, "When you planned to dig the Zhang River, did you include these compensations in your expenses?"

Wang Guanglian shook his head and said, "No, it would take too much time to calculate these, which would delay the construction."

Zhang Fei nodded and said, "Thank you both for coming to testify."

Then Wang Gong stood up and invited Fu Bi to appear as a witness.

Everyone was excited. Fu Bi was a highly respected man, and his testimony would definitely have a significant impact.

After Fu Bi sat down, Zhang Fei smiled and said, "We asked Mr. Fu to testify today, not because he is related to this matter, but because we know that he is well versed in the law, has a high level of attainment in this regard, and is experienced. We hope to hear some professional advice."

After hearing this, Wang Anshi and Sima Guang felt unhappy. We are professionals too!

Fu Bi said modestly: "In terms of legal attainments, I am far inferior to Prosecutor Zhang."

Zhang Fei hurriedly said, "I dare not! I dare not! I am far inferior to Mr. Fu in terms of legal research and experience."

After some mutual push and shove, Zhang Fei asked, "Mr. Fu should have heard what the officials said just now."

Fu Bi nodded.

Zhang Fei said: "I want to know, in Mr. Fu's opinion, is there any illegal behavior in this?"

Fu Bi stroked his beard and said, "Regarding the abuse of people's power, it is indeed difficult to judge, but I think we should still take people's livelihood into consideration. Otherwise, if the officials force the people to rebel, it will lead to disaster. Water can carry a boat, but it can also overturn it.

Next is forced labor. According to the regulations of our dynasty, officials cannot impose labor on their own. This requires approval from the court. However, the court did issue a decree regarding the river defense works in Hebei. However, the decree did not specify a specific number, and it was difficult to judge whether there was forced labor.

The only thing worth discussing is the forced expropriation of people’s land and demolition of their houses.”

Zhang Fei asked: "Is there a clear regulation on this?"

Fu Bi said: "As far as I know, there have been several examples of expropriating people's fields and houses in the past.

In the seventh year of Dazhong Xiangfu, the imperial court built the Temple of Thanksgiving to Heaven and Earth, occupying the land of 18 households. Afterwards, Emperor Zhenzong issued an edict to compensate these 18 households. Not only was the compensation based on the market price, but an additional 300 strings of cash were also given, so each household could get more than 16 strings of cash.

In the first year of Tiansheng, the Yongding Mausoleum was built, occupying 18 hectares of Du Yangui's land, and the total estimated cost was 700 guan. Emperor Renzong issued an edict to increase it to 1,000 guan.

Although it is said that "All under heaven belongs to the king", the special national conditions of the Northern Song Dynasty led to a relatively strong idea of ​​private ownership. Perhaps the emperor of the Northern Song Dynasty himself did not believe that "All under heaven belongs to the king".

The first demolition law in history was promulgated by Emperor Shenzong of Song in the Yuanfeng period. But in ancient times, you cannot be fooled by such laws. Execution is the key.

Fu Bi seemed to recall something and continued, "Oh, there is another most prominent example. It was during the first year of the Qingli period when our dynasty was at war with the Western Xia. The court was worried that border soldiers would destroy houses to build fortifications, which would arouse public resentment. Therefore, the Secretariat drafted an imperial decree stipulating that houses should not be demolished to build fortifications.

In the second year, when Fan Wencheng was inspecting the western front and passing through Bingzhou, he encountered people blocking the road to complain, saying that "the government was building a camp, occupying gardens and demolishing houses." Fan Wencheng quoted this regulation at the time and demanded that the government compensate the people immediately.

However, the compensation process was full of twists and turns. Originally, Fan Wencheng asked the government to compensate the people with land and houses, but because the government had no vacant land, it had to pay money at a reduced price. However, the local Transportation Bureau also had relevant regulations, which meant that the government should compensate the people with land, but no one told the Transportation Bureau. The government had no land to compensate, but based on this regulation, the government wanted to get back the compensation money from the people.

When Fan Wenzheng learned about this, he ordered the government to immediately return all the money that had been paid as compensation, and the matter was finally settled.”

After hearing this, Sima Guang was delighted, but he slapped his thigh again and said in annoyance: "How could I have forgotten all this? Although there are no regulations, there are precedents!"

Wang Anshi and Lu Huiqing frowned, and even Cheng Fang became panic-stricken.

The atmosphere suddenly became tense.

The previous confessions only revealed that Cheng Fang abused the people's power, but there was no law to follow. However, Fu Bi produced laws and precedents.

Lost!

Zhang Fei asked, "Does Mr. Fu still remember the original Zhongshu Province's rule?"

Fu Bi nodded and recited: "If the military prefectures in Shaanxi need to build city walls, warehouses, pastures, barracks, etc., but it is the occupation of people's land, it is ordered to be returned to the government after the people petition for it. If there is no land, the original purchase deed of the original owner will be taken and the capital will be returned according to the purchase price of the neighboring land."

It is very detailed. The land must be compensated first, and the land must be designated by the household owner. Land in the wilderness cannot be used for compensation. If there is no land, compensation must be made in the form of money based on the price of the neighboring land.

Zhang Fei asked again: "Does this decree specify the military prefecture of Shaanxi?"

A hint of praise flashed in Fu Bi's eyes, and he nodded, "Yes."

Zhang Fei asked again: "Did the examples of compensation mentioned by Fu Gong during the reigns of Emperor Zhenzong and Emperor Renzong personally issue edicts to compensate the people?"

Fu Bi nodded and said, "Yes."

Zhang Fei asked, "Do you think that the prefectures in Hebei should follow this example?"

"cannot."

Fu Bi shook his head and said, "I cited these three examples to prove one point. The court actually has no clear laws in this regard. Otherwise, why would the emperor issue an edict, and why would the Zhongshu Ling issue regulations, and they only specify the military prefectures in Shaanxi."

This two-stage reversal stunned everyone present.

But when I think about it, it seems to make sense. If there are legal provisions, then all we need to do is to give an order from the emperor and act according to the law.

Especially in the case of Fan Zhongyan, it was specifically the military prefecture in Shaanxi, because it was afraid of arousing public resentment and delaying the war. In other words, this does not involve other places. It can even be shown that there is no relevant law. If there was, why would the Secretariat bother to do so?

Wang Anshi, Lu Huiqing and Cheng Fang all breathed a sigh of relief.

It's so scary!

Zhang Fei asked again: "Even the late emperor gave compensation to the people, shouldn't the government follow his example?"

Fu Bi said, "It is correct to follow the instructions. If you don't follow the instructions, the emperor can punish you and order you to compensate the people. But Prosecutor Zhang is asking about the judiciary, which is indeed difficult to judge from a judicial perspective."

Zhang Fei asked again: "Is it legally permitted to forcibly requisition private houses?"

Fu Bi said: "The Song Dynasty Criminal Code only stipulates that officials cannot forcibly seize houses and fields of ordinary people, but if it is done by the government and there is a decree from the court, it is difficult to hold them accountable.

But of course this is not right. It is irrational. Since other people's houses and fields have been destroyed, the court should compensate them. This is a matter of course."

Zhang Fei said: "If it is a matter of course, why is there no relevant law?"

Fu Bi thought for a while and replied: "In my opinion, even if there is a law, the situation may not be improved much. Just like the case of Fan Wencheng, there are clear regulations in the military prefectures of Shaanxi, but this situation still happens. If it weren't for Fan Wencheng and his repeated investigations, I'm afraid the people would not get compensation.

Because the political and legal systems were integrated before, the person who executed the political orders was also the person who enforced the orders. He would not think that he was breaking the law by demolishing houses. Moreover, it was possible that it would really delay the river defense works or even the war.

As Wang Tixing said, it is almost impossible for such a large project to be without any mistakes. However, if these mistakes lead to a change of commander at the last minute, or even cause the river defense work to stagnate, the losses will be even more serious.

If there is a law but it cannot be enforced, it undermines the authority of the law.”

Zhang Fei said: "According to Lord Fu's opinion, should the court order compensation for the people?"

Fu Bi said: "This is not a fundamental solution. In the above three cases, the people were lucky to get compensation because they met wise rulers and wise ministers. But at that time, there were actually many people who could not get any compensation."

This is a major difference between rule by man and rule by law.

It was Zhenzong, Renzong, and Fan Zhongyan who ordered compensation for the people, rather than compensation according to the law.

Maybe the result is exactly the same, but it's two different things.

What if Zhenzong doesn't compensate?

Zhang Fei nodded and asked, "What is the fundamental solution?"

Fu Bi thought for a while before he slowly said, "I think the question and answer just now has already made the key point clear, which is that a complete and thorough plan should be drawn up before starting the construction. This is also what our ancestors emphasized. How much river channel to widen, how much labor to recruit, how much land to occupy, how many houses to demolish, all of these should be written into it.

At the same time, perfect laws should be formulated to regulate how to conscript labor and how to compensate the people. In the past, politics and law were not separated, and even if relevant laws were formulated, they might be difficult to enforce. But now that we have the public security, procuratorial and judicial organs, I think this can be done.

In addition, if these are not written down, the emperor and the prime minister will not know how much manpower and financial resources will be needed for this construction. After the construction is completed, the result may not be what the emperor wants. If it had been known that so much manpower and material resources would be needed, the court might have considered it differently. "

Zhao Xu's eyes were filled with tears when he heard this. Indeed, this is exactly what he should do.

Now this matter has put him in a difficult situation.

However, officials such as Meng Gansheng could not help but become angry and embarrassed when they heard this. It was obvious that Fu Bi was cooperating with Zhang Fei.

It is estimated that this incident will be used to promote the public security, procuratorial and judicial systems in Hebei Province.

If the public security, procuratorial and judicial organs had gone with compensation, the people of Hebei would have certainly agreed wholeheartedly.

This isn't the first time this has happened, but it's always hard to guard against!

Oh my god!

How should this game be played?

Zhang Fei smiled and nodded, "Thank you very much, Mr. Fu, for providing us with such professional advice."

Fu Bi hurriedly said modestly: "No, no, this is just my personal opinion."

“No, no, no!”

Zhang Fei shook his head and said seriously, "Mr. Fu is really modest. He is not only familiar with ancient and modern laws, but also currently serves as the chairman of the Legislative Council. This is a very professional answer and impeccable. Our procuratorate will give it full consideration."

Isn't this just a polite remark? Fu Bi was stunned for a moment, nodded woodenly, then stood up with a hint of doubt and returned to his chair.

Zhang Fei took a sip of tea, and Wang Gong stood up and summoned Han Qi to testify.

It’s finally my turn!

Han Qi stood up excitedly, but his feet felt numb and he almost fell down. Fortunately, he was supported by a servant.

Before Han Qi could come back to his senses, Fu Bi beside him said calmly: "Don't be nervous."

Han Qi turned his head suddenly and said, "Am I nervous? My legs are numb."

Fu Bi stroked his beard and smiled. In fact, he was polite to everyone, no matter what class the other person was from. He never judged people by class. But he only teased Han Qi, which made him feel a little better. After all, he was still holding a grudge in his heart.

Han Qi stomped his feet lightly a few times, then pushed away the servants and walked upstairs forcefully.

Fu Bi smiled and shook his head, "At this age, are you still so stubborn? Or is this just a last gasp of glory?"

As soon as Han Qi sat down, the atmosphere reached its climax.

Although Fu Bi and Han Qi were both veteran ministers of three dynasties, Han Qi was more representative of the powerful ministers of the old dynasty, and he had a gap with Wang Anshi and Sima Guang.

His answer would make everyone nervous, including Wang Anshi.

Although Han Qi looked sick, who could guarantee that he was not taking the opportunity to return to the court? This would be unacceptable to both the reformists and the conservatives.

Of course, Han Qi's henchmen in the court were very excited.

"Forget about your polite words. They don't sound very pleasant. Just ask directly."

As soon as Zhang Fei opened his mouth, Han Qi waved his hand.

In fact, Han Qi had already given up being strong, but facing the younger man Zhang Fei still aroused a little fighting spirit in him, and he took the lead right from the start.

"Thank you, Mr. Han, for your understanding." Zhang Fei smiled awkwardly, coughed, and asked seriously, "Mr. Han is currently serving as the pacification envoy of the four routes in Hebei and the judge of Daming Prefecture. Is that right?"

Han Qi nodded.

Zhang Fei said: "But according to our investigation by the procuratorate, Han Xianggong rarely asked about the river defense affairs carried out by Cheng Dujian in Hebei."

Han Qi said: "That's because I've been suffering from an old illness in recent years, and I'm no longer able to handle government affairs."

Zhang Fei asked, "Does Mr. Han know nothing about this?"

"That's not the case."

Han Qi shook his head and said, "I also know what Deputy Envoy Zhou just said, but as they said, I dare not interfere."

Zhang Fei was surprised and asked, "With Han Xianggong's status, he would be afraid of Cheng Dujian?"

Cheng Fang glanced at Han Qi cautiously, feeling uncertain. He did not give Han Qi face in Hebei, but he also did not think that Han Qi was really that afraid of him.

Han Qi said: "I am not afraid of Cheng Dujian, but I am afraid of the river defense."

Zhang Fei asked, "Mr. Han, could you please explain it in more detail?"

"In fact, they have already said it."

Han Qi sighed, "There are unexpected events in the world, and floods are difficult to predict. If I interfere with river defense, and a flood occurs at this time, all the responsibilities may be borne by me. Even if I have a high position, I cannot bear the responsibility of tens of millions of lives, let alone the other officials in Hebei.

Cheng Dujian is not to be feared. What is feared is what he is doing right now, which is directly related to the country’s major plans and the people of Hebei Province.”

These words really touched the hearts of the officials and caused many of them to nod their heads.

Because floods are unpredictable, you don’t know what will happen next. If you try to interfere and something goes wrong, the consequences will be something no one can bear.

Zhang Fei extended his hand to Cheng Yi, "But Deputy Envoy Cheng used the law to prevent Chief Supervisor Cheng from calling in sailors."

Han Qi smiled and said, "I don't think this is a wise move. If the river floods in December last year or January this year, Deputy Envoy Cheng will bear all the responsibility, because no one can prove whether this fortification can prevent the flood. We can only judge by the result."

Cheng Yi couldn't help but ask, "Mr. Han, do you think I should just leave it alone?"

Han Qi looked straight ahead and coughed, "If you follow the rules of the hearing, you won't have to bear the consequences."

".!"

Cheng Yi turned away in embarrassment.

You do not have the right to ask questions at the hearing.

Zhang Fei's mouth twitched slightly, and he asked, "Does Minister Han mean to let Deputy Envoy Cheng leave it alone?"

Han Qi then replied: "Everyone has their own aspirations. I have no such intention, but if Deputy Envoy Cheng lets it go, I can understand and will not care about it, because things are bound to develop in this way."

Zhang Fei asked, "What do you mean, Mr. Han?"

Han Qi said: "Because Cheng Dujian is also afraid. Just imagine, he has spent so much manpower, material resources, and financial resources. If he fails, what consequences will he face?

He will certainly stop at nothing to plug those breaches, and will certainly be eager for quick success. Anyone who stands in his way may become a scapegoat, so no one dares to speak out, which will in turn prompt him to further intensify his actions, and the cycle will continue until the final result is achieved. "

Zhang Fei asked, "What do you think the final result will be, Minister Han?"

“It will end in failure.”

Han Qi said: "The people of Hebei have to shoulder the heavy responsibility of defending against the Liao. How can they afford such consumption? The annual reduction in tax revenue is a sign of the problem. If this continues, the flood will not be eliminated, bandits will arise everywhere, and the soldiers will be exhausted from river defense and unable to suppress the bandits. Not to mention that the river defense works will be destroyed, if the Liao Kingdom takes advantage of the situation and invades, we may suffer a devastating disaster!

But the fault does not lie with Chief Supervisor Cheng, nor with Deputy Envoy Cheng. Rather, it is because water control has always been a major plan for China, and the responsibility is huge. The whole country should work together to manage the water, and it cannot be entrusted to one person.

And now the ministers in the court are constantly arguing about this construction. Under such circumstances, in my opinion, it is better not to repair it. "

Wang Anshi couldn't help but frown when he heard this. He was indeed Han Gansou. The older he got, the wiser he became!

(End of this chapter)