Chapter One Hundred and Thirty-Eight Cases Breaking the Law
After explaining the matter, Zhang Fei and Xu Zhiqian went home. As for the celebration banquet, the ear pens would go and eat by themselves, and he would be responsible for paying the bill.
For Zhang Fei, now is not the time to celebrate.
The first thing I did when I got home was to discuss it with Xu Zun.
"Introduction of examples to break the law?"
Xu Zun was also slightly surprised.
Zhang Fei had always mentioned that he would use this opportunity to legislate. At that time, he was also very curious about how you, the ignorant, could legislate.
But he never expected that Zhang Fei was trying to make exceptions and break the rules.
"Yes." Zhang Fei nodded and said, "I wonder what my benefactor thinks?"
Xu Zun stroked his beard, thought for a while, and said: "In fact, the use of examples to break laws has been around since ancient times. For example, the Qin Dynasty's "Ting Xing Xing" and the Han Dynasty's "Judgment Bi" all used examples to assist judgments. Although this
It has advantages, but it also contains the source of trouble.
For example, in the late Han Dynasty, there were many female officials who cleverly used examples to break up the sentences, danced around with words, deceived superiors and deceived subordinates, committed corruption and accepted bribes.
Not quoting, but forcefully quoting without examples, caused the entire legal system at that time to collapse. The old rules were once abolished in the Tang Dynasty. Although we have them in our dynasty, we use them with caution, generally using pardon orders."
The implication is that I still don't agree with citing examples to break the law.
Because of the ratio of judgments in the Han Dynasty, a big problem arose, that is, there were too many cases, resulting in different cases for the same type of case.
This gives corrupt officials many opportunities.
Once the money is available, use lighter legal precedents.
If you don't give it, then you will die.
Many eucalyptus seeds are also similar, so how can ordinary people understand them?
Although there were laws and regulations in the Song Dynasty, the examples were rarely used, and pardons were generally used.
This pardon refers to the emperor's instructions on the case, which are then compiled by the Dali Temple and the Ministry of Punishment into an amnesty order, which is then promulgated to the world.
Compared with other cases, this pardon order has great limitations, because it must be issued by the emperor himself, and there are only a few in a year.
Zhang Fei nodded and said: "What I said makes sense, but everything has its pros and cons, and the same is true for laws. I think that in the current situation of our dynasty, if we can use examples to break the law, the pros will far outweigh the cons!"
Xu Zun asked: "How do you say this?"
Zhang Fei said: "The biggest advantage of breaking the law by introducing examples is that it can make the law full of vitality and keep pace with the times. Has your benefactor ever thought about why piracy became a problem in our dynasty, but not in the Tang Dynasty or the Han Dynasty?"
"
Xu Zhiqian said: "This may be because our printing technology has been greatly improved."
"Be more confident and remove the maybe."
Zhang Fei added: "With the improvement of technology, the convenience of transportation, and the activity of commodities, a large number of new problems will arise. It will be difficult for the court to formulate a large number of laws and regulations to deal with these new problems in a short period of time. If this
At the right time, we can introduce examples and break the rules to facilitate the governance and development of the country."
Xu Zun asked: "Although what you say makes sense, how can you eliminate its disadvantages?"
Zhang Fei said: "I have also studied the decision-making ratio of the Han Dynasty. There are two main reasons for this. The first is that the Han Dynasty's imperial code was corrupted at that time. Under this premise, no matter whether the law is broken by introducing examples or not, the law and discipline will be corrupted.
The second is that there were too many "comparisons" in the later period. @精品\/书馆*First update~~ We can learn lessons and carefully formulate regulations. For example, any legislation needs to go through the Dali Temple, the Ministry of Punishment, and the trial
The court, and even the government, will review it one by one before deciding whether to promulgate it, and it can be revised every few years."
Xu Zun frowned and said, "Even so, it may not be able to completely avoid its disadvantages."
Zhang Fei said: "What if it is coupled with the judicial reform of Sima University?"
Xu Zhiqian's beautiful eyes widened, "You didn't plan this for a long time, right?"
Wasn't the main suggestion for judicial reform put forward by Zhang Fei? Then had she considered it long ago?
Xu Zun also looked at him doubtfully.
Zhang Fei did not deny it, "I had this consideration, and I happened to encounter this situation again, so I thought why not take advantage of the situation."
At this point, he paused for a moment and said: "In addition, it is not just about judicial reform. Wang Daxi's reform is already about to come out, and it may cause many new problems. If we can introduce examples and break the law, it will bring us closer to the legal system."
Have enough resilience to deal with some of the problems brought about by the new law.
question."
Xu Zun couldn't help but frown.
really!
Wang Anshi's reform is imminent, and if the judiciary lags behind, many problems may arise.
Just like this pirated printing, it is impossible to judge.
It has to be stuffed under the crime of "making a coat and writing about it".
Although there are some drawbacks to introducing exceptions to break the law, if we cooperate with judicial reform, most of the drawbacks may be avoided.
After thinking about it again and again, Xu Zun nodded and said, "I'll mention it then and see how they react."
...
In fact, Zhang Fei's proposal to introduce exceptions and break the laws was not an impulse, but he had studied the laws of the Song Dynasty. The introduction of exceptions and breaking the laws appeared in the Xining period, but it did not happen actively, but happened passively. The reason is also very simple.
It was Wang Anshi’s reform.
Wang Anshi's reform was comprehensive and caused many judicial issues.
Ordinary legislation has a great lag, but Wang Anshi's reforms were urgent, fast and violent.
In the end, we can only break the law by citing examples.
However, because it was a forced behavior, too many examples were cited later, which caused a considerable impact on the judicial system.
It can be seen that it is inevitable to introduce examples to break the law.
Since it is inevitable, it is better to take the initiative.
This can also make it more standardized.
Of course, this is very beneficial to those who have a good ear, and Zhang Fei can also use the example to litigate.
However, you have to create problems first. You cannot go to the court for no reason and clamor to introduce exceptions and break the rules. No one will pay attention to you!
As Zhang Fei said, "change" is the most difficult thing in the world.
Changes will inevitably harm many vested interests.
.....
The next day, afternoon.
Kaifeng Mansion.
"Prefect, just now Huang Tuiguan from the right wing handed over a piece of paper."
Reported by Huang Guichen.
Lu Gongzhu, who had just taken a lunch break, was still a little sleepy. When he heard this, he immediately cheered up and asked with a little surprise: "What kind of big eucalyptus is it? How could the official Huang hand over the paper?"
Come to me."
That is the lowest level of court. This is the highest level of court. It is a step beyond the level!
If you’re not a big eucalyptus, you can’t do this!
Huang Gui explained: "This piece of paper was handed over to Mr. Youxiang this morning by Qiu Zhengwen, the mastermind of Bianjing Law Firm."
When Lu Gongzhu heard about this law firm, he was so recognizable that he had one head and two big ones. He clicked his tongue: "They finally became normal. They knew they had gone to Mr. Youxiang, so why did they turn to me again?"
, do they think that I, Mr. Lu, am Zhang San’s special prefect? This is really unreasonable."
He wanted to hide last time, but failed to do so. Today, the other party figured it out and stopped disturbing him, but ended up coming to him instead.
Can he not be angry?
Huang Gui said sarcastically: "The magistrate, please calm down, because this petition is related to the lawsuit that was fought yesterday, so they dare not make a judgment easily, and can only let the magistrate make the decision."
Mr. Lu frowned when he heard this, "Where is the certificate?"
Huang Gui quickly handed over the petition.
After Lu Gongzhu took it and read it, he immediately patted the table and said, "I know it's not that simple."
Huang Guidao: "Prefect, this crime is special, Xiang Gong has to treat it with caution, but Su Shi's crime is exactly the same as this one. If Xiang Gong's side sentences him differently, I'm afraid it will affect the authority of Kaifeng Mansion.
But if the verdict is followed, it is estimated that all the booksellers in Bianjing will be sued, and almost all the big booksellers have pirated copies of Yan Xiang's poetry collection."
Lu Gongzhu sighed, "Not only that, yesterday Su Shi's case, I just made a judgment based on a special case. But if there are more such cases, I will use my judgment as an example to make a judgment. Obviously
It is not in line with the punishment for the crime of making a coat, writing a coat, and speaking out. Isn’t this just setting an example and breaking the law?”
The lightest punishment for making a jacket and writing a jacket is sixty sticks.@essence\/书馆·无码first release~~
However, yesterday's verdict was to convict him of this crime, but temporarily exempt him from the punishment of the cane, and at the same time, he ordered the defendant to pay compensation to the plaintiff.
There is no such penalty for this crime.
Of course, the prefect has the power to make special judgments based on actual circumstances.
If it's just a eucalyptus, that's it.
.
But if everyone quotes this particular judgment and gives the same judgment, it is obvious that this precedent takes precedence over the legal text.
It becomes an example to break the law.
Huang Gui said with a sad face: "If we don't break the law by introducing exceptions, I'm afraid it will cause more trouble. First of all, those booksellers will have to be beaten with a cane. Moreover, the two pieces of eucalyptus are exactly the same. The prefect has already given a verdict. If
If Mr. Youxiang gives a different judgment, I'm afraid it will attract criticism."
"This brat!"
Mr. Lu couldn't help but gnashed his teeth in hatred. Suddenly, he frowned, "But why did he do this? Is it possible that he deliberately made things difficult for me?"
Huang Guidao: "I have just heard that the contract signed by Su Shi and Zhang San stipulates that the compensation for this disease will be paid to Zhang San."
Lu Gong wrote: "Does that mean he wants to do business in printing books?"
Huang Gui nodded and said: "It is possible."
Lu Gongzhu said angrily: "So he wants to use me to get those bookstores for free."
"...!"
This was the first time Huang Gui encountered this kind of thing and he didn't know what to say.
Lu Gongzhu suddenly felt that this matter was beyond his scope of authority and he could not make the decision. "I will go to Jun Shi and others to discuss it first."
On the same day, he went to the Court of Justice to find Sima Guang and discuss with him how to sentence him.
Sima Guang thought yesterday that this situation is not that simple. He was still thinking about it just now. When he heard this, he knew that Zhang Fei was pretending to be a ghost again.
He didn't believe that Zhang Fei was just here for a few bookstores.
Sima Guang said that he had never encountered this matter before, and he had to study it. He asked Mr. Lu to hold it first and hold a meeting later to discuss it in detail.
After Mr. Lu left, Sima Guang immediately invited Xu Zun over.
After Xu Zun pretended to think about it, he said: "This is based on my humble opinion. I can only break the law by citing examples."
Introducing exceptions to break the law? It turns out that guy wanted to introduce exceptions to break the law and intervene in the court's legislation.
Sima Guang reacted immediately, but kept his expression and asked: "Xu Si is familiar with ancient and modern laws, and he should also know that there will be many problems when citing examples and breaking laws. First update @ "
After hearing this, Sima Guang couldn't help frowning, yes! Then Wang Jiefu wants to change the law. He has changed the law. No matter how much judicial reform I do, I can't rely on the law to restrict him! I can only use examples to break the law.