Chapter 211: The Tree Wants to Be Still but the Wind Does Not Stop



In the judicial construction of public security, procuratorial and judicial organs, only the Procuratorate needs to be newly established.

The judicial system of the Northern Song Dynasty was the most complete in the feudal era. It had its own system of separate interrogation and adjudication offices. The criminal investigation department also had a relatively complete system, but it was slightly lacking in terms of personnel quality.

The Procuratorate does not have one.

Although some departments have some powers of the Procuratorate, such as the Censorate, they do not have the core of the Procuratorate system.

public prosecution!

Generally, in criminal cases, the procuratorate prosecutes the suspect on behalf of the state.

Today, the government conducts trials directly based on the evidence obtained from investigations.

There was no accusation in the middle.

For example, in the Ayun case, Zhang Fei faced the judge directly instead of the procuratorate, which resulted in the lawyer and the judge competing against each other.

According to common sense, it was impossible to win, as the power of judgment lay in the hands of the judge. Zhang Fei won at that time because Wang Anshi supported him in the court.

...

...

This is politics, not justice.

If there were a procuratorate, this phenomenon would not exist.

It can even be said that the procuratorate is the core of the entire judicial reform.

Kaifeng County is currently implementing the separation of politics and law. Without the support of the procuratorate, there will be no supervision and the situation may even be more corrupt than it is now.

Without this link, no matter how it changes, it will be almost the same as before.

Sima Guang was not willing to see Zhang Fei rush into officialdom before. The reason was very simple. The court did not have a public prosecution department, and Zhang Fei would not be able to display his abilities if he entered the court.

Of course, he also had a bad idea in mind. He was sure that Wang Anshi's new law would definitely cause problems. Pressure from the court alone would not be a threat. He also needed cooperation from the people.

And litigation is a good means of exerting pressure.

Now Wang Anshi was constantly gaining public support through lawsuits and was gaining the upper hand in public opinion in the court.

Sima Guang planned to use his own method to retaliate.

But after Zhang Fei proposed the public security, procuratorial and judicial organs, he changed his mind. With the power of public prosecution, Zhang Fei could play a greater role when he entered the court as an official.

In addition, the court has now proposed to summon Zhang Fei, a wild criminal within the law, to surrender.

He saw this as an opportunity.

"Thank you for your kindness, Grand Secretary Sima, but I think if I enter the Procuratorate now, I will not only fail to help Grand Secretary Sima, but will also cause trouble for him."

"What do you mean?"

Sima Guang asked curiously.

Zhang Fei said, "I heard that many ministers in the court have recently recommended me to serve as an official."

Sima Guang nodded.

Zhang Fei smiled and said, "I think Grand Secretary Sima knows the reason."

Sima Guang nodded slightly and said, "They are just afraid!"

As soon as he said this, he suddenly realized, "You mean, if they let you enter the procuratorate, they might stop the construction of the procuratorate."

Zhang Fei nodded: "What they are worried about is my accusation. If I enter the procuratorate, my power will be even greater, and they may even regard the procuratorate as a serious threat.

At present, everything is still under construction. At this time, we should reduce the resistance. Therefore, I think that Sima Daxueshi should not recruit me, but should portray me as an enemy, which will be more conducive to judicial reform. "

Sima Guang stroked his beard, thought for a while, and smiled at Zhang Fei, "That's a pity for you."

Zhang Fei half-jokingly said, "Then Keke won't know who will be wronged."

Sima Guang laughed and said, "But you can't stay out of it. You still have to go to the Imperial Academy to teach."

Xu Zhiqian was surprised and asked, "He went to the Imperial Academy to teach?"

How could he, with just a pen, go to the Imperial College to teach those Jinshi scholars?

This is simply too outrageous!

Sima Guang sighed helplessly, "I don't want to either, but when it comes to litigation skills, no one in the court can rival your husband."

Zhang Fei smiled modestly, and suddenly seemed to remember something, his eyes lit up, "Yes!"

Sima Guang asked, "What?"

Zhang Fei said: "The emergence of the procuratorate gives us, Erbi, a legal status to sue, doesn't it?"

Sima Guang was stunned, thinking, yes, the court took the lead in public prosecution, but did not allow the people to legally sue, this does not make sense! He thought for a while and said, "You should prepare well, and the legal aid should not be a problem."

Zhang Fei nodded and said, "Master Sima, please rest assured. I will do my best in this matter and will never let Master Sima be criticized for this."

After discussing the matter, Sima Guang left.

"Are you really not going to join the government?"

After seeing Sima Guang off, Xu Zhiqian asked Zhang Fei.

Zhang Fei put his arm around her waist and said with a smile, "Why? Do you really want me to be an official?"

Xu Zhiqian said, "We have discussed this before. No matter how capable a pen is, the number of people he can help is extremely limited. If he wants to help more people, he can only become an official."

"good."

Zhang Fei nodded, "But now is not the right time, because it is not clear how much power the prosecutor can have, and he is also subject to checks and balances from those government offices. If you rush in, you will be stuck in a quagmire and unable to leave. It is better to wait until the situation becomes clear before making plans."

Xu Zhiqian nodded slightly.

She also knew about the open and secret struggles in the court. In fact, she was not urging Zhang Fei to enter the officialdom. She just wanted to know what Zhang Fei's plans were.

Of course, she still hoped that Zhang Fei could serve as an official in the court and plead for the people.

“Ahem!”

There was a sudden cough at the door.

Xu Zhiqian turned her head and saw Fan Li looking at them with a strange expression.

What's the meaning?

Xu Zhiqian didn't react for a moment, and then she turned her head to look at Zhang Fei. Suddenly she came to her senses, quickly broke free from Zhang Fei's hand, took a step back, and glared at Zhang Fei fiercely.

Zhang Fei didn't think it was a big deal. He just laughed and said to Fan Li, "Mr. Fan, you came at the right time. I have something to discuss with you."

The three of them returned to the backyard and sat down. Zhang Fei said, "Regarding whether to fight the lawsuit for free, I have already made a decision. I will cooperate with the government and provide legal aid."

"Legal aid?"

Fan Li didn't understand.

Zhang Fei explained the specific operation method to Fan Li again.

Fan Li frowned after hearing this, but said, "If that's the case, we might as well send someone to help."

Zhang Fei asked, "Why?"

Fan Li said: "If we cooperate with the government, it will not be the government that suffers. I am just afraid that this kind of legal aid will become a kind of government service, then our business will be finished."

For the same thing, the people and officials consider it from completely different perspectives.

Fan Li also came from a clerk family. When he heard about this, he thought that this was free service to the court and it might evolve into a kind of yamen service.

Everyone was terrified at the mention of the Yamen servants.

Zhang Fei smiled and said, "Your concern may make sense in other industries, but in our industry, your concern is completely unnecessary. I still say that we must uphold the law and justice. Otherwise, we can't make it in this industry. But if we want to uphold the law, how can we become yamen servants?"

In addition, for now, if we can provide legal assistance to the court, then the tea-drinking people and Erbi will have a legal status to sue, and the government will have to accept Erbi's participation in the lawsuit."

Fan Li nodded thoughtfully.

really!

Erbi is different from other industries. If you want to become active, you must have some confrontation with the government. At least this is the case in the judicial field. If you blindly follow the government, then for the government, what difference does it make whether you are there or not?

Based on this point, Erbi could not become a yamen servant.

Fan Li asked again: "Then what are you going to do?"

Zhang Fei did not answer but asked: "Is the store

Did someone say that I took special care of Qiu Zhengwen?"

Fan Li was stunned for a moment and asked, "Who told you that?"

Zhang Fei smiled and said, "That's my guess. I really want to train Qiu Zhengwen, so it goes without saying that some people will be dissatisfied."

Fan Li smiled awkwardly and said, "Some people are dissatisfied."

Zhang Fei nodded and said, "That's perfect! This legal aid can solve this problem very well. Let them take turns to provide legal aid. When they become famous there and someone is willing to pay them to fight a lawsuit, they can return to the firm and become our partners."

"That's not impossible." Fan Li nodded and asked, "Then should we still pay the fee?"

Zhang Fei said, "Reduce Erbi's salary a bit, and keep the rest unchanged. How much they can earn depends on their ability. It's impossible for them to just get by in our store."

Fan Li nodded.

Zhang Fei glanced at Xu Zhiqian again and said, "Let Zhiqian take care of this matter. You should still manage the store. You don't really like doing this free work anyway."

Fan Li chuckled twice, "Okay, I'll do as you say."

Zhang Fei added: "Please inform them. We will have a meeting later to discuss the details."

"Okay then, I'll go inform them first."

After Fan Li left, Xu Zhiqian glanced at Zhang Fei and stammered, "Zhang San, do you think I'm not suitable to go to court to argue?"

Zhang Fei was stunned, "No! Why do you ask?"

Xu Zhiqian said dejectedly, "You just asked me to arrange this matter, which means I can't go to court to argue again."

Zhang Fei smiled and said, "You, Lawyer Xu, are quite famous now. If you provide legal aid, people will come to you, just like now. This will break the rules. You can still go to court to argue, but you must charge a fee."

Xu Zhiqian seemed a little reluctant. She always felt that justice could not be measured by money.

Zhang Fei knew what she was thinking, and said, "Zhiqian, don't worry. Let's build this platform first to attract more talents to enter this industry and make the whole system run smoothly. Then you can decide whether to provide free legal aid or charge a fee. "

Xu Zhiqian glanced at him and nodded: "I don't really understand this, I'll listen to you."

Zhang Fei let out a sigh of relief.

It’s not easy!

This legal aid can effectively resolve some of the ideological disputes between him and Xu Zhiqian.

Moreover, it can also take into account both procedural justice and substantive justice.

Kaifeng Prefecture.

"Prefect Lu, I just learned that there are some problems with the land investigation."

Li Kai quickly stepped into the hall and reported to Lu Gong.

Lu Gong's face tensed and he asked, "What's the problem?"

Whenever it comes to land, it’s bound to be a big problem!

Li Kai said: "Governor Lu should know that many large landowners rent their land to tenant farmers instead of cultivating it themselves."

Lu Gong nodded.

Li Kaidao said: "This includes a large amount of white-deed land. These lands are rented to tenant farmers. Since they don't have to pay taxes, the landlords will share the taxes. Although the landlords get more, the burden on the tenant farmers is indeed lighter. However, their contracts state that the tenant farmers will bear all the taxes. Now the government wants to check the white deeds. These tenant farmers have already paid half of the taxes before, and now they have to pay all the taxes. Many people are complaining!"

Lu Gong frowned and said, "Do those landlords have the nerve to let the tenants bear all the burden?"

Li Kaidao: "That's what the contract stipulates, and!"

Lu Gong asked, "And they deliberately instigated it?"

Li Kai nodded.

"This is outrageous!"

Lu Gong angrily slammed the book in his hand onto the table.

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