Encouraged by Zhang Fei, Feng Nanxi was also full of confidence and fighting spirit. The reason why Zhang Fei asked him to participate was not because he was familiar with the law, but because he was one of the parties involved. He was very clear about the causes and consequences, everything that happened at that time, and he also secretly investigated it afterwards.
I had asked about it in general terms before, and this time I mainly asked about some details, which was what Zhang Fei was best at. He often asked about details that others didn't care about.
After asking clearly, Zhang Fei took this more detailed confession to Xu Zun to see.
I have to say that the father and daughter of the Xu family are a perfect complement for Zhang Fei.
Xu Zhiqian can provide technical support to Zhang Fei, while Xu Zun can provide him with experience support.
It will take time to figure out how the Northern Song government worked!
After reading it, Xu Zun still maintained his original judgment, "The most critical part of this case is the box of stones. If we can find evidence, we may be able to overturn the case."
But at this point, he sighed, "To be honest, I have read some cases involving Yaqian runners recently, and many of them are problematic. This is not an isolated case. So... your judgment is correct. If we conduct an investigation, we will face great obstacles. According to this confession, they lack witnesses and physical evidence, and may not be able to find evidence."
Zhang Fei said: "Even if I can, I don't dare to take the risk."
This is already a systemic corruption. If the case is to be overturned, the scope of involvement may be unimaginable. Without the guarantee that it will be investigated fairly, Zhang Fei dare not take this step lightly.
...
...
If you’re not careful, you might get dragged in by them.
Xu Zun nodded in understanding.
Xu Zhiqian asked, "Now that you have gained the support of Grand Secretary Wang and Grand Secretary Sima, how do you plan to sue the court?"
Asura Martial God
Xu Zun also looked at Zhang Fei with great curiosity. "Yes! Whenever you file a lawsuit, no matter who the other party is, first of all, there must be specific regulations to support your lawsuit. I recently looked through the Song Dynasty Criminal Code, but I still can't find a law that allows you to sue the court."
In recent days, he has also been thinking about this issue. Nowadays, when citizens sue officials, they mainly sue officials for corruption, and it can even be expanded to the entire government.
But he really didn't know how to sue the entire court.
The most crucial point is that the emperor is the boss of the court. If you sue the court, does that also include the emperor?
Sue the Emperor?
this.......!
This is indeed a dead end.
Zhang Fei said: "The law of our ancestors."
"The law of our ancestors?"
Xu Zun and his daughter said in unison, again with a look of surprise on their faces.
Zhang Fei explained: "It is the rule set by Taizu and Taizong."
Speaking of this "law of ancestors", I believe many history enthusiasts are very clear about it, because this statement was often mentioned in the Ming Dynasty. Although this statement has existed since ancient times, because Confucianism advocates filial piety, it was rarely used before the Song Dynasty.
This is because during the Han and Tang dynasties, the entire Central Plains dynasty was in a stage of outward expansion.
Under such circumstances, it was impossible to abide by the laws of ancestors and one had to keep pace with the times. As soon as Emperor Wu of Han came to power, he replaced the previous systems and ideas.
What ancestral laws? I am the ancestor.
Li Erfeng even directly forced his father to step down and it was impossible for him to abide by his father's rules.
By the Song Dynasty, the Central Plains dynasty gradually stopped its expansion and began to shift its policy from outward-looking to inward-looking.
The ancestral laws were actually popular in the Northern Song Dynasty, and it was also from here that the ancestral laws became a systematic concept.
The first person to systematize the ancestral laws was Ouyang Xiu, and the one who thoroughly promoted this concept was none other than Sima Guang.
During Wang Anshi's reform, Sima Guang raised the banner of ancestral laws.
Since Sima Guang, the laws of ancestors have become the creed of conservatives.
But for now, the ancestral laws are still just becoming popular.
But the laws of our ancestors are not legal regulations after all. Generally speaking, only court officials like to quote them. It is outrageous for you, a scribe, to quote the laws of our ancestors.
So it took Xu Zun a while to react, "But this is not the law."
Zhang Fei said: "Although this is not a law, it is better than a law because even the emperor has to obey it. Only by citing the laws of our ancestors can I sue the entire court. Even if it includes the emperor, I have a reason and evidence, and no one will think that I am guilty of disrespect."
In fact, Zhang Fei had thought of this a long time ago, because in his era, the Constitution was the most useful when suing the government. Although there is no Constitution now, there are ancestral laws.
Xu Zun still couldn't understand what was going on, and he frowned as he began to think.
Xu Zhiqian nodded and said, "Dad, I think Zhang San's plan is feasible. Didn't Mr. Fan often quote this ancestral law to persuade the government before? Since the ministers can use it to restrain the monarch, the people can naturally use it to restrain the court."
"What do you know?"
Xu Zun glared at her and said, "Laws are written regulations. They are very strict and do not allow for the slightest deviation. Although there is the so-called ancestral law, it is not a written law after all. No one can tell what it is specifically. How many people in the world know the ancestral law? If the ancestral law is included in the law, it will be a mess."
Although he likes to take unconventional approaches, he is also a legalist.
For example, when Fan Zhongyan, Ouyang Xiu and others quoted the laws of ancestors, they were all citing some anecdotes and policies of Taizu and Taizong, collectively referred to as the laws of ancestors. However, if these things were all positioned as laws and regulations, the entire judicial system would be ruined.
Why bother with "Song Dynasty Criminal Code"? Why not just read the history books directly?
Zhang Fei said: "The reason why you are worried is that the current ancestral laws are very vague and lack specific regulations. This time I will turn the ancestral laws into specific regulations. This will not only not interfere with the judiciary, but will help the judiciary."
"You...what did you say?"
Xu Zun was stunned. "You turned the laws of our ancestors into specific regulations?"
Zhang Fei smiled and nodded.
Xu Zhiqian blinked, "How...how is this possible?"
The father and daughter looked at Zhang Fei as if he were a lunatic.
You must be crazy!
The laws of our ancestors are decided by a mere whistleblower like you?
Then all the emperor and his ministers would have to commit suicide.
What's the point of living?
Being infinitely humiliated?
Zhang Fei smiled and said, "In court, everything is possible. Besides, I know the law better than them."
Xu Zun asked: "Then tell me, what are you going to do?"
Zhang Fei said: "I have read some of the case files of Taizu and Taizong before, and found that Taizong had issued an edict, 'The previous emperor has been in business for nearly 20 years. He has taken precautions and made rules. The disciplines have been established and everything has its regularity. We should respect and obey them and dare not go beyond them.'"
After listening to this, Xu Zun stroked his beard and said, "This is indeed the law of our ancestors."
Xu Zhiqian asked curiously, "I also know about this decree, but...but what does it have to do with this case?"
Xu Zun also looked at Zhang Fei curiously.
This decree is absolutely legally binding because it is Taizong’s statement about Taizu’s policy, and it goes on to say “We should respect and obey it and not go beyond it.” If even Taizong did not dare to go beyond it, who would dare to do so?
But the problem is that this has nothing to do with this case.
Zhang Fei said: "To sum up, this imperial decree is a policy to prevent corruption. Is the current corvée law a corrupt policy?"
Xu Zun thought for a while, and probably understood what Zhang Fei meant, and then asked: "Isn't this a bit far-fetched?"
Zhang Fei smiled and said, "The logic is correct, so it's not far-fetched. Of course, this sentence alone is not convincing enough. We still need a lot of cases as evidence to prove that our case violates the ancestral law. This may require the support of the benefactor."
For example, the regulations in the Song Dynasty Criminal Code all have specific explanations. For example, the reasons for exemption from punishment are explained in detail below.
This imperial edict did not have any specific explanation. It was just a very general sentence. Although everyone understood it, there was no written explanation. This is why Xu Zun believed that this was not a law. If it was regarded as a law, it would cause chaos.
However, Zhang Fei believed that this had legal effect, so the government did not dare to disobey.
However, what is being fought for in this kind of lawsuit is the right to interpretation.
A lot of cases are needed to explain this.
The Dali Temple has a large number of cases.
Xu Zun didn’t quite understand it for the time being, but he was also a weirdo in the legal world, and he was very curious, can this be fought?
So I agreed.
See how you play.
I will learn a little bit from this and do the same next time.
Chapter 104: The Calm Before the Storm (5th update thanks to the leader of "So What")
This annual holiday is destined to be endless, they have too many things to do.
This is different from a lawsuit.
Lawsuits are conducted according to written regulations, but ancestral laws are not explained by specific regulations.
This requires a complete set of logic to interpret the law, which requires citing case law, legal regulations, human ethics, historical documents, etc.
This workload is extremely large.
Fortunately, Xu Zun hated socializing the most in his life, and he rarely visited his colleagues' homes during the New Year. You know, he just returned to Bian Jing this year.
However, Xu Zhiqian turned down many invitations from her best friends. During festivals, these ladies from wealthy families would often go out together to travel and participate in some traditional activities.
In comparison, Xu Zhiqian prefers her current job.
Sue the court?
How fun this is!
If you can't participate in it, you will regret it for the rest of your life!
However, this year, many people are having an uneasy time.
Because everyone knows that next year will be a crucial year.
The young emperor, who has been on the throne for a year, has been preparing for a whole year. Next year, he should determine his own policy on governing the country. This will be a big drama.
Indeed, many problems of the Northern Song Dynasty had reached the point where they had to be resolved.
The ministers were not arguing about whether to solve the problem, but how to solve it.
Based on Shenzong's attitude towards Wang Anshi, everyone knew that the emperor would enable Wang Anshi to carry out reforms.
Wang Anshi himself was both excited and nervous, and was also working hard on the preparations. Not only did he not take a vacation, but neither did his subordinates.
Municipal Taxation Department.
"Sue the court?"
Lu Huiqing looked at Wang Anshi in surprise.
Wang Anshi nodded and smiled: "Sometimes, I have to admire this kid's courage!"
Lu Huiqing frowned and asked, "How can he sue the court?"
Wang Anshi immediately informed Lu Huiqing of Zhang Fei's intention.
Lu Huiqing nodded thoughtfully, thought for a while, and said: "If he can really succeed, it will certainly be beneficial to us. This is enough to prove that the current corvée system has many drawbacks. Master can use this as an excuse to propose a new law, which can alleviate many obstacles."
"That's what I thought."
Wang Anshi said, "But originally, I was going to propose the equalization law first to adjust the supply to Tokyo, curb unscrupulous merchants from profiting from it, save costs, and at the same time reduce the burden on the people. I would then propose the conscription law in a few years, but now it is clear that I have to change it."
This equal distribution method had the least destructive effect on the original system, and Wang Anshi did not dare to use a big move right from the start.
However, Zhang Fei’s method of corvée execution meant that the order must be changed.
Lu Huiqing thought for a moment and said, "In fact, the equalization of transport law involves the corvée law. The two are closely related. If Zhang Fei can succeed, then why don't you combine the two laws into one, and focus on the corvée law, which includes the equalization of transport law, and propose them together."
The beginning of everything is the hardest, so he also believed that if Zhang Fei could charge forward and tear open a gap, then they could take advantage of the situation, or in other words, go with the flow.
"Fairy Wood Romance"
Many uncertainties can be avoided.
It's certainly worth a try.
Wang Anshi nodded and said, "You think the same as I do. Even if Zhang San fails, it will not affect us. We can act according to the situation and attack or defend. After all, we can use his lawsuit, but his lawsuit will not affect our reform."
Will it affect our reform? Lu Huiqing suddenly frowned: "Master, no one has ever dared to sue the court. If this precedent is set, will someone sue our new law in the future?"
Wang Anshi was stunned for a moment, then suddenly said with a straight face: "Teacher, I am reforming the law for the country and the people, to get rid of those bad policies. What right does he have to sue me for my new law? If it is a law that harms the country and the people, even if he sue me, I have nothing to say."
Lu Huiqing nodded awkwardly and said, "Master, what you said is absolutely right. We have a clear conscience and nothing to fear."
But there was a hint of worry in his eyes.
......
Sima Mansion.
"It seems that the government is determined to reform the law!"
Prime Minister Tang Jie sighed with a worried look on his face.
The Imperial Censor Lu Hui said, "There are indeed many problems in the country today, and we should seek to improve them, but we should never, ever trust Wang Anshi. This man seems to have high moral standards, but he is actually cunning. He takes advantage of the officials' eagerness to govern and caters to their wishes. If we don't stop him, the world will be in chaos."
Tang Jie nodded and said, "That's right. Wang Jiefu only believes in classics, but he doesn't know that Confucianism is the foundation. If we let him reform, he will definitely put the cart before the horse."
Sima Guang glanced at the two and advised: "We all know that the country has a problem. If it is not treated, there will be endless troubles. Now Wang Jiefu has not yet started the reform, and we don't know what it means yet. It's better not to make rash judgments!"
Lu Hui snorted, "But from his words and actions, we can tell that he is definitely not the right person."
The two of them were the most opposed to Wang Anshi, and they opposed every word Wang Anshi said.
Can they support Wang Anshi's reforms?
Of course, both of them were upright and honest throughout their lives, and Wang Anshi has not yet said how they will change specifically. It does not depend on any vested interests. This is simply a difference in political philosophies.
They were more willing to support Sima Guang's austerity policy.
It’s still the Confucian way.
The problem was that the emperor did not support it. The first person Shenzong asked was Sima Guang, but Sima Guang's policies did not arouse Shenzong's interest at all.
This is very embarrassing.
In their view, Wang Anshi's Confucian classics were heresy, because the foundation of the current society was Confucianism, and they believed that any reform must be based on Confucianism.
Many things cannot be explained by Confucianism, which will lead to principled contradictions in society.
Sima Guang said, "I have worked with Wang Jiefu for many years and know him very well. He is indeed extraordinary. Otherwise, he would not have won the support of the Privy Council and the emperor would not have trusted him so easily. What we say now is all empty talk. Since Your Majesty has chosen Wang Jiefu, why don't we take a look and do our part."
At this point, he suddenly changed the subject: "Oh, right! I have been studying litigation recently. The trial process of Lin Fei's case has benefited me a lot. If it weren't for Zhang San, it might have led to a false case. I am planning to improve the litigation system recently."
Lu Hui and Tang Jie looked at each other.
Litigation is just a small matter. A false case may harm a family at most. But if the reform goes wrong, it will harm the whole world!
Lu Hui took the opportunity to sigh: "I am old and ill, I am afraid I can no longer take on this important task."
As he spoke, he kept looking at Sima Guang.
He was certainly not referring to the litigation.
Now that the reform is imminent, the post of Chief Censor is of vital importance. Lu Hui feels that he is willing but unable to compete with Wang Anshi, so he hopes that Sima Guang will take over this important task.
Sima Guang pondered for a while, "Brother Lu, don't be in a hurry to retreat. Wait and see. I may have other plans."
At present, Sima Guang only quarreled with Wang Anshi in the Hanlin Academy, or in front of the government, but he never said bad things about Wang Anshi in private. Not only did he not say bad things about him, but he also advised those officials who opposed Wang Anshi to be patient and give Wang Anshi a chance.
In fact, he agreed with every problem that Wang Anshi pointed out in the court, but they had different ideas.
Of course, party strife began afterwards, and that was another matter.
But for now, the same thing applies: they haven't started yet, so what right do you have to say that they are not good?
......
Zhang family.
"Huh... I'm finally done writing this."
Xu Zhiqian rubbed her jade-white wrist and breathed a sigh of relief. Looking at the room full of papers, she felt a sense of accomplishment in her heart, and the slight pain was nothing.
In this lawsuit, the preliminary writing work was almost all done by her alone, and Feng Nanxi just helped with copying. After all, Xu Zun was old and could only give them experience but could not provide physical support.
Seeing Zhang Fei using wooden clips to separate the written petitions into pieces, he couldn't help but ask, "What are you doing?"
“Oh, I’m making an index!”
"index?"
“It’s very simple.”
Zhang Fei explained: "It means labeling all the laws and precedents that need to be cited in each lawsuit. This way, it can be simplified and there is no need to copy the entire Song Dynasty Criminal Code into it."
Xu Zhiqian's eyes lit up, "That's a good idea."
Dong Dong Dong!
There was a knock on the door.
"Husband! Madam Xu."
It was Gao Wenyin's voice.
Zhang Fei said: "Madam, come in!"
A squeak!
The door opened and Gao Wenyin entered the room. "Sorry to bother you."
Zhang Fei smiled and said, "Why bother you? We were just chatting. Madam, is there anything I can help you with?"
Gao Wenyin said, "The food is ready." Then she looked at Xu Zhiqian, "Madam Xu, tomorrow is New Year's Eve, why don't you and your benefactor come here to have a New Year's Eve dinner."
"Tomorrow is New Year's Eve. Time flies!" Zhang Fei patted his forehead and said to Xu Zhiqian, "Madam Xu, it seems that your brother did not come back this year."
Xu Zhiqian said: "My eldest brother only started his post in the first half of this year, how can he make it in time?
Come back for the New Year.”
Zhang Fei said: "Then our two families can have New Year's Eve dinner together, it will be lively and festive."
Gao Wenyin nodded.
Xu Zhiqian hesitated, "But my father doesn't like to eat at other people's homes."
Zhang Fei smiled and said, "In the past six months, I have been able to achieve what I have today thanks to your care. Now that I have achieved success in my career, it is not too much to ask you to have a meal with me, right?"
"Okay! I'll go ask."
Xu Zhiqian said, then looked at Gao Wenyin and said with a smile: "Madam Zhang, you really look like Madam Zhang now. You are so thoughtful."
"Ah? No!"
Gao Wenyin blushed and shook her head, "No, I just..."
She hesitated, not knowing how to explain.
Zhang Fei laughed and said, "What nonsense are you talking about? My wife is grateful, so she is doing her duty as a wife. Madam, don't you agree?"
Gao Wenyin nodded like a chick pecking at rice.
Xu Zhiqian smiled slyly, and seeing that Gao Wenyin's face was flushed and she looked so beautiful, she stopped teasing her.
When I walked out of the room, I said, "Ah, the sun is out!"
I saw the long-lost sunshine shining on the corridor, the ice and snow melted, and the sound of dripping water could be heard under the eaves.
Zhang Fei came out later and stared at the mud in the yard that had stripped off his white clothes, lost in thought.
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