As the poem goes: When you have reached the end of your rope, you may think there is no way out, but when you bend over the trees, you'll find another village.
Just when the situation seemed hopeless, there was a sudden turn of events and the powerful and wealthy began to jump up and down again.
Li Guozhong and his colleagues were already prepared, just waiting for the verdict to come out. As long as the verdict involved people outside the trial, they would immediately appeal.
Not only that, the imperial censors in the court are also armed to the teeth. If your imperial court dares to ignore the law of collective responsibility, they will immediately impeach the imperial court.
As public opinion fermented, the pressure faced by the royal court was increasing. After all, the verdict had already been given, so why was it not coming down yet? If the verdict was not given, the procedure could not be carried out.
Is there some fishy thing going on here? Especially the common people, who are used to seeing officials protecting each other, have started to take everything they hear and spread rumors.
Delaying the matter was not a solution, and after a few days, Zhao Yan called Zhang Fei again.
"How about it?"
Zhao Yan asked Zhang Fei with a serious expression: "Have you come up with a plan to deal with this?"
Zhang Fei was ashamed and shook his head, saying, "Sorry! I haven't thought of a solution yet. Does the Grand Court President have any ideas?"
...
...
Zhao Yan also kept shaking his head.
Although he had a high level of legal attainments, he still had no way to solve this problem after pondering for many days. It seemed that no matter what he did, one side would always be harmed.
This is indeed unsolvable, because the public security, procuratorial and judicial systems were formed in modern society. Although they have undergone certain reforms and are endowed with the concept of rule of law to support the entire system, there are definitely very sharp contradictions in some details.
It would be fine if it was any other case, but this is a case of treason, not an ordinary case.
Zhang Fei hesitated for a moment and said, "In fact, I knew from the beginning that something like this might happen. After all, the public security, procuratorate and court have never tried such a case before. That's why I suggested that the Dali Temple try it. If the Dali Temple tries it, then there will be no problem."
Zhao Yan frowned and said, "What's the point of saying this now?"
Zhang Fei said awkwardly: "It's not useless actually."
Zhao Yan asked, "What do you mean?"
Zhang Fei said: "Because according to the current judicial system, the public security, procuratorial and judicial organs are still under the Dali Temple and the Court of Criminal Justice. The highest level that can be appealed is the Dali Temple, and the judgment of the Grand Court President is not the final judgment.
In this case, why doesn't the chief judge draft a judgment according to the court's verdict? If anyone is dissatisfied with it, they can appeal to the Dali Temple, which will make the final decision. "
Zhao Yan seemed a little hesitant and asked, "But will this affect the prestige of the imperial court?"
Zhang Fei said: "I think the prestige of the public security, procuratorial and judicial organs does not come from our strong military strength, but from the system. As long as we strictly abide by the system, we will not lose our prestige.
If the chief judge drafts the judgment based on the verdict in court, he at least defends the system of public security, procuratorial and judicial organs. If the case is ultimately appealed to the Dali Temple, this is also defending the system.
I think this is the best approach at this point.”
Zhao Yan thought for a while, nodded and said: "This may be the only way at the moment."
After coming out of the imperial court, Zhang Fei raised a slight smile.
Suddenly, someone next to me said, "You are such a bad boy, how can you sleep in the middle of the night?"
Zhang Fei was startled, and turned his head to look, and saw Wang Anshi looking at him suspiciously, and hurriedly bowed and said, "Zhang San greets Master Wang."
Wang Anshi snorted.
Zhang Fei said awkwardly, "I wonder what Zhang San did to offend Master Wang."
Wang Anshi said, "I haven't offended you, but I just can't stand your arrogant behavior."
"Arrogant and domineering?" Zhang Fei said with tears in his eyes: "To be honest with you, Master Wang, I am almost dying of worry now."
Wang Anshi sneered, "Are you worried about the verdict?"
Zhang Fei nodded and said, "Master Wang also knows?"
"Know."
Wang Anshi said, "But I really didn't expect that you were planning to abolish the law of collective responsibility."
"Me what?"
Zhang Fei was stunned and said, "Abolish the collective responsibility law? That's unfair! I have absolutely no such intention."
Wang Anshi snorted, "You still want to hide it from me now? You are as cunning as a monkey, and you are always cautious and careful in everything you do. You can't imagine what kind of consequences will be caused if this case is really decided as treason. You must have thought of a countermeasure long ago, and abolishing the law of collective responsibility is your countermeasure."
Zhang Fei couldn't help but laugh.
Wang Anshi frowned and asked, "What are you laughing at?"
Zhang Fei smiled and said, "I really haven't thought about abolishing the law of collective responsibility. I have just discussed with the chief judge and plan to transfer this case to the Dali Temple."
Wang Anshi was surprised and asked, "Transfer it to the Dali Temple?"
"Um."
Zhang Fei nodded and said, "It is undeniable that we are aware that the law of collective responsibility is somewhat inconsistent with the public security, procuratorial and judicial organs, but it does not matter. We can transfer it to the Dali Temple. According to the system, the judgment of the imperial court can be appealed to the Dali Temple, and the Dali Temple can adopt the law of collective responsibility."
Wang Anshi hesitated for a moment, then said with a smile, "You are really cunning. If you do this, the powerful officials in the court will definitely not agree. You want to use them to abolish the collective responsibility law."
Zhang Fei said: "But if the Dali Temple is not abolished, there is no need to abolish the law of collective responsibility."
Wang Anshi frowned slightly and thought, yes! There is also the Dali Temple above.
Zhang Fei glanced around twice and whispered, "Master Wang, do you think I'm a fool? If I dare to abolish the law of collective responsibility, the government will probably depose me."
Wang Anshi was startled and asked, "What is your purpose with this move?"
Zhang Fei said: "I just don't want to make this case too extreme and implicate too many innocent people, which would damage the reputation of the public security, procuratorate and courts."
Wang Anshi asked, "So you are still killing the chicken to scare the monkeys?"
Zhang Fei nodded.
Wang Anshi said, "So that's how it is."
Zhang Fei asked again: "By the way! What does Master Wang want to see me about?"
Wang Anshi was stunned for a moment, then said, "Why else? Of course it's because of this collective responsibility law."
Zhang Fei looked at Wang Anshi in confusion.
Wang Anshi said, "That's right! The collective responsibility law does implicate some innocent people, but it also has a good side, such as in building the army. My Baojia system was delayed for several years by you, and the main content of my Baojia system is mutual guarantee and mutual supervision, which is similar to the collective responsibility law. If you abolish the collective responsibility law, it may affect my Baojia system."
"I see."
Zhang Fei nodded and said, "But what does the postponement of the Baojia Law have to do with me?"
Wang Anshi said, "How can it be unrelated? One of the very important reasons why I implemented the Baojia system was to maintain rural security. However, in Hezhong Prefecture, you directly let the Royal Police take over rural security. Isn't this a conflict?"
In fact, it was because he also realized that Zhao Xu was building a new armed force out of the Royal Police. If successful, the Baojia system would not be so important.
From this we can see that Wang Anshi was not stubborn. When facing Zhang Fei, he was still willing to make certain compromises.
The reason is that Zhang Fei took action, unlike Sima Guang who only talked, so Wang Anshi didn't pay much attention to him.
"Well."
Zhang Fei asked: "What should we do now?"
Wang Anshi said, "Let's wait and see. After all, the imperial guards have just gone through a round of disarmament. If there is a shortage of troops, I will propose the Baojia system again."
Zhang Fei nodded.
Wang Anshi warned him again: "Don't do anything rash, kid. This collective responsibility law has been in effect for nearly a thousand years. If it is abolished, it will affect many things."
Zhang Fei said: "Master Wang, please rest assured that I have no intention of abolishing the law of collective responsibility, and I will never do so."
Only then did Wang Anshi nod with relief.
In the end, Zhao Yan adopted Zhang Fei's opinion and announced the final verdict in accordance with his decision. The list only included the people on trial, without mentioning the names of any relatives, and even the law of collective responsibility.
This is very critical because previous verdicts would list the principal offender and his relatives. They might not name each person specifically, but they would definitely include the legal provisions of the law of collective responsibility.
But there is no mention of this in the judgment.
Li Guozhong and his employers were overjoyed. If you don't even mention this crime, then the officials below won't be able to hold anyone jointly liable.
At the same time, the censors headed by Jiang Zhiqi immediately impeached the imperial court in the court.
Chuigong Hall.
"Your Majesty, I want to impeach the chief judge of the Bianjing Imperial Court for disregarding the law and shielding a criminal who is plotting treason."
Jiang Zhiqi was the first to step forward and speak to Zhao Xu.
Zhao Xu asked, "Why did Censor Jiang say that?"
Jiang Zhiqi said: "Regarding the final verdict of the Qizhou treason case, Judge Zhao deliberately ignored the law of collective responsibility and only held the people on trial accountable. This is obviously intended to shield those treason criminals."
Zhao Xu frowned and looked at Zhao Yan, "Prime Minister Zhao, is this true?"
Zhao Yan stood up and said, "Your Majesty, this is indeed the case, but I am not trying to cover up for them. It is because according to the public security, procuratorial and judicial systems, I cannot convict the relatives of those prisoners."
Zhao Xu was curious and asked, "The law clearly stipulates this, so why can't they convict him?"
Zhao Yan said: "This is because the public security, procuratorial and judicial systems have a prosecution system, and the prosecution system relies on evidence, while the law of collective responsibility relies on blood ties and relationships. The two are difficult to reconcile. Otherwise, this will undermine the public security, procuratorial and judicial systems."
Jiang Zhiqi immediately retorted: "Does that mean your public security, procuratorial and judicial systems are greater than national laws?"
"Not at all."
Zhao Yan shook his head and said, "But I am only the president of the Imperial Court. I must first abide by my authority. The law of collective responsibility has exceeded the authority of the Imperial Court. The Imperial Court can only make a judgment based on the indictment of the Procuratorate."
Jiang Zhiqi couldn't help but frown when he heard this.
Authority is also a huge limitation. It is natural that officials of different levels should handle issues of different levels.
Zhao Xu nodded slightly and asked, "Then according to what Prime Minister Zhao said, if we follow the verdict of the imperial court, can we only punish the principal offender?"
"Yes."
Zhao Yan nodded, and then continued: "As for the servants and retainers who participated in this incident, the procuratorate has already obtained relevant evidence against them, but they are awaiting trial in Qizhou. Once the court in the capital has made a judgment, the Qizhou imperial court will deal with them according to the law.
But for those for whom the tax commissioner has no evidence, even their wives and children, the imperial court cannot punish them. "
Zhao Xu snorted, "How can this be possible?"
The faces of the powerful and wealthy tightened and their hearts were beating fast.
Many people now speculate that the emperor wants to punish them.
The emperor's attitude frightened them.
Zhao Yan said: "This is my duty. If Your Majesty wants to impose further punishment, you can let the Censorate and the Dali Temple take over the case, because according to the system, the highest level you can appeal to is the Dali Temple, the Censorate, and the Court of Criminal Justice.
The imperial court did not fully follow the law, and this reason is enough to appeal to the Dali Temple, or the Court of Justice, or the Censorate. "
When he said this, Jiang Zhiqi and the others didn't know how to refute.
We won’t emphasize this result. If you are not satisfied, you can judge it yourself.
Zhao Xu nodded and asked, "Who is willing to take over this case?"
No one responded.
Zhao Xu couldn't help but wonder, "What's going on? Why is no one daring to take over the case when the crime has been determined?"
Wen Yanbo stood up and said, "Your Majesty, the imperial court has already made a verdict. If we re-examine the case, if we are careless and implicate innocent people, we will surely be criticized."
Zhao Xu asked: "If you examine the case carefully, how could you implicate innocent people?"
Wen Yanbo said: "The collective responsibility law is based on closeness, not evidence. No matter how it is handled, it will be difficult to convince everyone."
Many officials nodded.
You have sentenced all those who should be sentenced, and let us do the things that should not be sentenced and that offend people. If that is the case, why didn’t we take it over a long time ago?
At this time, Meng Gansheng suddenly stood up and said, "Your Majesty, the court had previously vigorously promoted judicial reforms in Jingdong East Road in an attempt to resolve the chaos in Jingdong East Road, and there were many words of praise for the public security, procuratorate and courts. But now the court's verdict has been overturned, which will seriously affect the implementation of the public security, procuratorate and courts in Jingdong East Road."
Zhao Wenzheng also immediately stood up and said, "Meng Zhiyuan's words make sense, and I think the judgment of the public security, procuratorate and court is very fair. Since there is no evidence to prove that their relatives participated in the rebellion, it is enough to prove that their relatives did not participate. If they impose additional punishment, although it is in accordance with the law, it may be seen as a false accusation in the eyes of the people, and it will also affect the prestige of the court."
Immediately, a large number of dignitaries and bureaucrats stood up and firmly supported the imperial court's decision.
After seeing this, Fu Bi, Sima Guang and others all found it funny. It turned out that you understood these principles. It's a pity that you were able to speak with confidence when you impeached the public security, procuratorate and courts before.
Really!
Zhao Xu still seemed hesitant, so he asked Sima Guang again: "What do you think, Mr. Sima?"
Sima Guang stood up and said, "Your Majesty, during the reign of Emperor Yang of Sui, there was a theft case in Qizhou. Yu Shicheng went to arrest the suspects and tortured them severely. Under the heavy punishment, more than 2,000 people were forced to admit that they were thieves. Emperor Yang of Sui waved his pen and beat these 2,000 people to death.
Just over a decade later, in the first year of Zhenguan, a case of treason occurred in Qingzhou. Emperor Taizong of Tang ordered Cui Renshi to investigate. The case attracted attention from all walks of life. More than a decade ago, a theft case in the Sui Dynasty killed more than 2,000 people. How many people could be killed in this major case of treason?
But after Cui Renshi arrived in Qingzhou, he did not punish the criminals severely. Instead, he removed their shackles and chains, let them take a bath, change clothes, eat good meals, and comforted everyone not to be afraid. He said that the court would never let a bad person go, nor would it wrongly accuse a good person.
In the end, after detailed interrogations and visits, Cui Renshi only sentenced the dozen or so leaders to death, and all the others were acquitted.
At that time, many officials persuaded Cui Renshi, including Sun Fujia, the junior official of the Dali Temple. He believed that too many people were involved in the Qingzhou case, and you released most of them and only convicted about ten people. The problem is that people are afraid of death. Will those who were convicted and executed by you be willing to die? If you change your confession on the spot and say that you judged the case unfairly, your career will end.
But Cui Renshi replied that it was something he was willing to do even if it meant exchanging his own death for the deaths of ten prisoners.
Later, Emperor Taizong of Tang sent people to investigate again and found that there was no mistake in Cui Renshi's judgment. At the same time, those prisoners sentenced to death were also convinced and said that Cui Renshi's judgment was fair.
Emperor Taizong of Tang praised Cui Renshi's actions highly.
Three years later, Emperor Taizong of Tang also commented on the case of Emperor Yang of Sui, who executed more than 2,000 people for a theft case. Emperor Taizong said, "It is not that Emperor Yang is unjust, but his ministers are not dedicated enough. They should advise him and not avoid execution. How can they just flatter and seek praise?"
For example, Sun Fuga persuaded Cui Renshi that Cui Renshi killed too few people, which would lead to criticism. This had nothing to do with the law. It was precisely because of the officials' thinking that innocent people were killed. Emperor Taizong of Tang also believed that the blame could not be entirely attributed to Emperor Yang of Sui, and the officials should bear the main responsibility. Fortunately, Cui Renshi insisted on enforcing the law impartially, and ultimately did not make a big mistake. "
Censors such as Jiang Zhiqi could not help but look embarrassed.
Sima Guang continued, "Back to this case, the imperial court's verdict was impartial and convinced. If Your Majesty had the Dali Temple try the case again, no matter what Your Majesty thought, the officials below would definitely think that Your Majesty thought that too few people were killed, which would inevitably lead to a massacre."
Emperor Taizong of Tang and Emperor Yang of Sui, you can choose for yourself.
Zhao Xu looked a little ashamed and nodded, saying, "Mr. Sima is right."
Then he added: "But we cannot ignore the law."
Fu Bi stepped forward and said, "Your Majesty, I believe that the imperial court's verdict does not violate the law of collective responsibility. Instead, it represents the progress of our dynasty's judicial system. This is something to be celebrated."
Zhao Xu was surprised and asked, "Why did Mr. Fu say that?"
Fu Bi explained: "In fact, the purpose of the collective responsibility law is to make up for the government's shortcomings in supervision, so the collective responsibility law was implemented to allow the people to supervise each other.
But judging from this case, the investigation by the public security, procuratorial and judicial organs was very detailed, and for the time being, there were no omissions, which means that the public security, procuratorial and judicial organs are able to supervise such cases very well, which is a great progress in the judicial system.”
Liu Shu and others also stood up to express their support.
After seeing this, Zhao Xu thought for a while and said, "Okay, the decision of the imperial court will be the final decision of this case and there will be no retrial."
All the ministers shouted, "Your Majesty is wise and enlightened!" They felt relieved at last.
Zhao Xu added: "However, the officials who colluded with Wu Tian before must also be tried. Let's hand this case over to the Censorate for trial."
Meng Gansheng immediately said, "Your Majesty, I think this case should be handed over to the public security, procuratorate and court for trial?"
Zhao Xu frowned and asked, "Why is this?"
Meng Gansheng said: "First, the case has always been investigated by the procuratorate. It is not wise to change the commander at the last minute. Secondly, the court has just tried the public security, procuratorate and court in Jingdong East Road. If the censor is sent to investigate, it may affect the construction of the public security, procuratorate and court. Why not let the public security, procuratorate and court investigate?"
Immediately, many ministers came out to support.
The cases that Wu Tian confessed to are basically set in stone and no one can cover them up. In this case, the public security, procuratorate and courts have to be called in. After all, they are all officials and their network of connections must be very large.
Sima Guang, Zhao Yan and others felt embarrassed when they saw that the enemy was so supportive, and they all stood up to express their support.
The corner of Zhao Xu's mouth twitched, and he said, "Okay! For the time being, let the public security, procuratorate and court handle the trial."
"Your Majesty is wise."
Many officials were secretly sweating.
After the court was dismissed, Wen Yanbo found Zhao Yan and asked quietly, "Prime Minister Zhao, was it Zhang San who suggested you say this?"
Zhao Yan was stunned for a moment and asked, "How did Duke Wen know?"
Wen Yanbo laughed and said, "It seems that Prime Minister Zhao has also figured out the trick."
Zhao Yan smiled and nodded, then sighed, "But it's useless to see it. I should blame myself for not thinking of this beforehand. Also, that kid is really cunning."
Sima Guang sighed, "They say that every failure makes one wiser. I have always been on guard against that kid's 'bad intentions', but I never thought that I would still be fooled by him. I am really angry."
Lu Gong laughed and said, "Given your personality, you haven't cut off contact with him yet. This is really a great news for me!"
Sima Guang's old face turned red, and he snorted, "It's almost time!"
Lu Gong burst into laughter.
"Zhang San really has the ability to turn decay into magic. At the beginning of this case, everyone thought that after this case, the police, procuratorate and courts would be like rats crossing the street, and everyone would shout and beat them. But I never thought that in the end, everyone would sing praises for the police, procuratorate and courts."
Lu Huiqing shook his head and sighed.
“It’s more than just singing praises.”
Wang Anshi looked at the officials in front of him and said with a smile: "I am afraid that in the future, many officials will sincerely support the public security, procuratorial and judicial organs."
Lu Huiqing nodded.
After Zhao Xu left the Chuigong Hall, he did not go directly back to the bedroom, but went to a small attic, where he saw Zhang Fei sitting alone at the wine table enjoying delicious food.
Zhao Xu first stopped the maid next to him from bowing, then walked over and asked with a smile, "Prosecutor Zhang, do you like this food and wine?"
"Not bad, Your Majesty, I am here to see you!"
"No need to be so polite."
Zhao Xu stopped him from bowing, went to sit down opposite him, and said with a chuckle, "Everything is just as you expected. Just now in the hall, those ministers who once hated the public security, procuratorate and courts are now singing praises and suggesting that the cases of Xie Liuwu and other officials involved be handed over to the public security, procuratorate and courts for trial."
Zhang Fei wiped his mouth, sat upright and said: "All this is due to your majesty's foresight and great talent. After all, weakening the law of collective responsibility will, on the surface, have some impact on your majesty's authority."
"On the surface?" Zhao Xu asked with a smile, "But what is it like in reality?"
Zhang Fei immediately replied: "In fact, your majesty wants to get more, because the investigative capabilities of the public security, procuratorial and judicial organs can make up for the shortcomings of the law of collective responsibility, achieve precise strikes, and make those ambitious people more fearful. Your majesty has not lost a bit of authority.
At the same time, the absence of the law of collective responsibility will further weaken the influence of the landlords and gentry, because they cannot deeply bind the people to themselves, and the people will become more trusting of the public security, procuratorial and judicial organs, which will also go deep into the countryside and strengthen your majesty's direct control over the countryside. "
Zhao Xu smiled and nodded, "To be honest, when you first discussed this with me, I did have some doubts, but then I thought, if I really want to order all their relatives to be implicated, I might not be able to do it, and in the end I still have to resort to compromise, which is nothing new to me!
You were right at the time. In fact, facts have long proved that it is very difficult for the court to use the old law to restrain them. After all, they are numerous and powerful, and they themselves are part of the old law. The only way is to start a new system and use new laws to restrain them. "
Zhang Fei smiled and said, "Your Majesty, please rest assured. Your efforts will soon be rewarded. Although the court will spare their wives and children, it will also confiscate all their property and make them suffer. After this battle, they will no longer dare to openly confront the tax commissioner. At least for the time being, this will immediately improve the court's finances."
Speaking of finance, Zhao Xu was immediately overjoyed. If the taxes on these big landlords could be raised, the finances would definitely be improved immediately. He laughed and said, "Your hidden dragon has never disappointed me! Come on, come on, I'll toast you a glass."
"I dare not! This cup of wine must be presented to Your Majesty."
Zhang Fei said seriously: "Because without the support of your majesty, this matter will never succeed."
"Congratulations! Congratulations! Haha!"
This case seems like a transaction, but in fact, Zhao Xu and Zhang Fei were just making a fortune out of nothing. Because Zhao Xu didn't dare to really implicate others, he just pretended to take advantage of the situation.
Because this case involved many meritorious officials and scholars, and they really had no intention of rebellion.
If this were really done, it would cause an uproar and possibly very serious internal friction. In this kind of game, there would be no winner, and the emperor would definitely be the biggest loser.
Not to mention that Zhao Xu does not currently have such authority. The key point is that the Song Dynasty was still ruled by the monarch and the literati. The monarch could only support one faction and fight against another faction, but he could not offend everyone.
If you resort to collective responsibility but fail to make a judgment, it will only make you more embarrassed.
The current result is that the deterrent effect of the collective responsibility law is maintained while at the same time making them all subject to the constraints of the public security, procuratorial and judicial organs.
Zhao Xu's goal was to use the public security, procuratorial and judicial systems to restrain the powerful, the literati and the local gentry.
Because with the solidification of social classes, the old system of checks and balances has gradually become ineffective. Either the emperor and the literati must be more deeply bound together, or they must find another way.
Zhao Xu obviously chose the latter. In fact, his attitude was already proven by his choice of Wang Anshi to carry out reforms.
Of course, the law of collective responsibility will not be abolished, it will just remain there to help the public security, procuratorial and judicial organs win the hearts and minds of the people.
It is conceivable that once the powerful and wealthy make mistakes and are caught, they will definitely choose to go to the public security, procuratorial and judicial systems, and will never choose to go to the Dali Temple. In other words, the powerful and wealthy will gradually accept the public security, procuratorial and judicial systems.
(End of this chapter)
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