(The title is wrong, and the author cannot change it. Chapter 511: Political and Legal Conflict)
After a noisy day, the imperial court ushered in a quiet morning.
Zhang Fei, who had spent a night with Xu Zhiqian, was still in high spirits. He sat by the lake with his two wives, enjoying the delicious breakfast.
I have to say that having breakfast here is a really wonderful feeling. The environment here is very good, much better than Bianliang City.
Although both are workaholics, compared to Xu Zhiqian who is used to simple food, Zhang Fei still has some requirements for the quality of life, because in his previous thinking, working hard is also for better enjoyment, and he does not have too many lofty ambitions.
You should enjoy it if you want.
"Oh right! There is a question I have always wanted to ask you."
Xu Zhiqian suddenly put down the gun and looked at Zhang Fei opposite her with expectation.
"What's the problem?"
Zhang Fei asked casually while concentrating on eating the delicious food Gao Wenyin added for him.
...
...
Xu Zhiqian asked: "If you were defending the government in yesterday's lawsuit, could you have won?"
Zhang Fei smiled and said, "Remember I told you a long time ago that there is no lawsuit that you can definitely win, but there is also no lawsuit that you can definitely lose."
"How would you fight?" Xu Zhiqian asked curiously.
Zhang Fei didn't even think about it, and said, "As far as I know, those salt merchants are not law-abiding people. If they can find that one of the salt notes is problematic, they can use this as an excuse to invalidate all the salt note evidence. The salt note is the key voucher of the contract between the two parties. If the voucher itself has problems, they naturally cannot claim compensation. This can at least delay the claim for a long time."
Xu Zhiqian nodded thoughtfully and said, "You seem to have used this trick when defending the royal family."
Zhang Fei smiled and said, "But it's a pity that you haven't learned it yet, let alone mastered it."
Xu Zhiqian said dimly: "I have already given up on this. I will definitely not be able to beat you in a lawsuit."
Zhang Fei laughed and said, "The justice in your heart is always greater than the law. How can you win me over?"
Gao Wenyin suddenly asked: "Aren't law and justice the same thing?"
Zhang Fei said: "Of course not. For example, if you watch someone die without rescuing him, it is obviously immoral, but in most cases it is not illegal. But if you step on him, he will die even if you don't step on him, but you are still committing murder.
On the other hand, when you choose to do what is right, you may also break the law and be punished.”
Gao Wenyin asked in surprise: "Why is this?"
Zhang Fei smiled and said, "For example, if you see someone being kicked to the ground, and you act bravely and accidentally kill the person, you may also be convicted of manslaughter."
Xu Zhiqian immediately questioned: "If this is the verdict, who will dare to stand up for justice in the future?"
Zhang Fei smiled bitterly and said, "I said maybe, not all."
Gao Wenyin said, "I think what Sanlang said makes sense. When you see people fighting, you should separate them instead of helping one side fight the other. This will only add fuel to the fire."
"correct!"
Zhang Fei said: "The original intention of being brave and righteous should not be to hurt others, but to protect the victim. The most correct way is to separate the two parties first, and then call the Royal Police. Once you take action, the nature of the whole incident changes.
Of course, in some emergency situations, it is possible.”
Xu Zhiqian said: "But this will make others afraid, and in an emergency, I'm afraid no one will dare to help."
Zhang Fei nodded and said, "It is entirely possible, but if it is not stipulated in this way, the consequences may be more serious. This is why justice must be subordinate to the law. In addition, whether it is fearful or not depends mainly on everyone's trust in the judiciary."
"Third brother! Third brother!"
Li Si suddenly ran over, gasping for breath, "Third brother, this is bad, the... the city gate is closed."
Zhang Fei was confused and asked, "What city gate is closed? Explain clearly."
Li Si took two deep breaths. "It's like this. I was planning to go to the city with Xiao Tao to buy some vegetables, but when we got to the gate that leads directly to our imperial court, we found that the gate was not open. I immediately went to inquire about it, and they said that the government had ordered that the gate would not be opened in the future. Now, to get to our imperial court, we have to take a long detour from the north gate, which increases the distance several times."
Xu Zhiqian frowned and said, "It seems they want to retaliate against us."
Wow! This move was a little too quick. Zhang Fei asked, "Isn't the city gate under the jurisdiction of the police station?"
Xu Zhiqian said: "Of course not. The city gate belongs to the city defense. How can it be under the jurisdiction of the police station? Usually it is managed by the government and the military, and in wartime it is managed by the commander-in-chief."
Zhang Fei sighed awkwardly and said, "The road to justice is inherently tortuous. This makes justice more valuable. I believe the people will be willing to take these few more steps. There was no road before."
Xu Zhiqian pursed her lips and smiled, "Why do you sound like you are comforting yourself?"
Zhang Fei said: "What else can I do?"
Xu Zhiqian said: "But since they have already started their revenge, it is impossible for them to stop there. We have to find a way to deal with it as soon as possible."
Gao Wenyin whispered, "Sanlang, when dealing with people, we should be harmonious. Fighting is not good after all."
Zhang Fei smiled bitterly and said, "Madam, you may not know that from the beginning till now, they have been the ones who have been making things difficult for me."
"Really?" Gao Wenyin really didn't know. She usually didn't ask about these official matters, and this matter did seem like Zhang Fei was being aggressive. She asked, "Why are they doing this?"
Zhang Fei picked up a piece of cake from her bowl and said, "Because I left a piece of cake missing from their bowls, how can they not hate me?"
Xu Zhiqian said: "So they will try every possible way to break our fast one."
Zhang Fei said: "So we have to protect the fast particles in our hands."
After breakfast, Zhang Fei and Xu Zhiqian came to the lobby.
"Teacher! Someone just came from the government office."
Cai Bian and Shangguan Jun immediately went to meet them.
Zhang Fei's heart skipped a beat and he asked, "What's the matter?"
“It is not known at this time.”
Cai Bian said: "It seems to be about the shop we built in front. My brother is negotiating with that person."
Zhang Fei frowned and said, "It's absurd. It's fine if they close the city gates. After all, the city gates are not under our jurisdiction. They are all our imperial court's territory. Why should they interfere? Where are they?"
Cai Bian said: "It's in the front hall."
"Walk!"
Zhang Fei said: "I want to see what they are up to."
Before leaving the front hall, Cai Jing came back with a depressed look on his face.
Zhang Fei asked: "Cai Jing, what's going on?"
Cai Jing said: "Regarding the construction of shops outside, the government requires us to submit an application first. Only after the government approves it can we be allowed to build shops here."
Zhang Fei said: "Why do they do that? Didn't you tell them that those places belong to our imperial court? No, these are all government territories, but the government gave them to us and changed them to the imperial court. They have no right to interfere, and the land deeds are still in the hands of the government."
Cai Jing said: "They said that this is a city defense area. If you want to build houses on a large scale, you must get approval from the government and the military."
Zhang Fei blinked and tilted his head to look at Xu Zhiqian, "Is there such a method?"
Xu Zhiqian nodded and said, "Of course there are, especially near the city wall. No matter what house is built, it must be approved by the government. Even if it is an official, it must be approved by the Political Affairs Hall and the Privy Council. What's more, Hezhong Prefecture is a military stronghold, which is even more so."
Cai Jing said: "I think this application will most likely fall on deaf ears. As long as the government doesn't reject it, we will be helpless."
Zhang Fei blinked and coughed lightly: "Then let's put it aside for now."
Ye Zuqia said: "Teacher, if they do this, it will be very uncomfortable for us, because apart from the judiciary, everything else is under their control."
Zhang Fei frowned and said, "Remember before I came here, I told you that we are not here to compromise. This is a tough battle. Now it is our turn to defend. We have to hold on first."
Just then, Li Si came to the door again, "Third brother, Li Min and Zheng Wen want to see you urgently."
Cai Jing said: "The government must be investigating them as well."
Zhang Fei had a headache.
After a while, Qiu Zhengwen and Li Min came into the hall.
Qiu Zhengwen said, "Third brother, the government wants to investigate our Legal Aid Department, saying that the litigation rules in Hezhong Prefecture and Kaifeng Prefecture are different. Without the permission of the government, the Legal Aid Department cannot litigate for others."
Li Min was also depressed and said, "Judge Zhang, the government just sent someone to look for me, saying that they wanted to review my official documents."
Zhang Fei immediately asked, "You don't have any official documents, do you?"
Li Min said: "Of course I have it, but they said that my official document was issued by Kaifeng County. There is no regulation that official documents issued by Kaifeng County can be used in Hezhong Prefecture. They have to ask the higher authorities first. Before that, the government will not allow me to sue again."
Xu Zhiqian said: "The Legal Aid Department has obtained the permission of the Political Affairs Hall and the Court of Justice. As long as there is an official document from the Political Affairs Hall, Hezhong Prefecture has no right to block it. However, the official documents of the ear pen are indeed under the jurisdiction of the local government. Although there is no regulation prohibiting cross-prefecture litigation, the court has not yet said that it will unify it. Not only that, because of the lawsuit between you and Wang Wenshan last time, the court is still tightening the control of the official documents of the ear pen.
'
Zhang Fei asked: "What should we do now?"
He really doesn't know much about the court system.
Xu Zhiqian hesitated for a moment and said, "The only way is to explain this problem to the court and urge it to formulate unified regulations."
Cai Bian suddenly asked: "If Li Min's qualifications are questioned, then what about the previous lawsuit...?"
Li Minzhi nodded and said, "The government officials just hinted at this."
Zhang Fei said: "Since there is no system that prohibits it, and Li Min has already participated in this case and become a part of it, they have no right to divest without an absolutely legitimate reason. I can make the decision on this."
At this point, he hesitated for a moment, and then said to Li Min: "But for the time being, you should not take the case. Otherwise, you can join the Legal Aid Department first. After all, it will take some time to apply to the court."
As the president of the court, you have to abide by the law. Since it is currently under the jurisdiction of the local government and there are no relevant regulations from the court, then of course the local government has the final say.
Li Min nodded and said, "I understand."
Zhang Fei then said to Qiu Zhengwen: "Zhengwen, you should immediately take the official document given by the court to the procuratorate and sue the government."
"I see."
After the two of them left, Zhang Fei couldn't help but sigh, "This is really a mess at every step. I haven't even considered whether this official document system is perfect."
Regarding the construction of public security, procuratorial and judicial organs, he has certain powers, but he only has executive power. The formulation of systems definitely belongs to the administrative department, and judicial reform is formulated by the Political Affairs Hall and the Court of Judicial Review.
The approval of this document definitely falls under the administrative aspect.
After saying that, Zhang Fei turned around and instructed Cai Jing and others: "We must now quickly submit a letter to the court and suggest that the court should immediately improve the system of official documents."
Shangguan Jun said, "Should we also submit a petition to the court regarding the construction of the city gates and shops?"
Cai Jing said: "I think we should not do it, because this is related to the city defense, and it is under the jurisdiction of the three yamen and the Privy Council in the court. They are naturally unwilling to make concessions for the convenience of the public security, procuratorate and court. This will inevitably cause controversy in the court and may cause the whole thing to be delayed for a long time."
Even dogs know the efficiency of the Song Dynasty court. If you bring the city defense into the discussion, they can even talk about the Jin army marching south.
Xu Zhiqian nodded and said, "Cai Dalang's words make sense. This will give people something to hold against them."
Zhang Fei said: "Then let's not talk about these things for now."
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