Because the ancient system was not so perfect, the government was actually very personalized. The image of the government, as well as the work style and efficiency of the people within the government, mostly depended on the boss of the government.
From the series of things that just happened, it can be basically confirmed that the owner of this government is definitely a diligent and strict official.
Otherwise, with Zhang Fei's image and attitude, he might have been driven away before he even took out the paper, let alone that the yamen officer would have found Liu Hai immediately to receive the paper.
You must know that today's government does not serve the people, but serves the emperor. It is more about ruling the people. This is a completely different concept.
This is indeed the case. Xu Zun, the magistrate of Dengzhou, has always been fair, strict, upright, and very diligent. He already served in Dali Temple and was an official from the capital. He was sent to Dengzhou as the magistrate the year before last.
Because the Tang Dynasty was in chaos due to local military envoys, the Northern Song Dynasty was very concerned about local governance.
The title of "Zhizhou" or "Zhixian" means "temporary supervisor". After one year, he will have to return to Beijing to take up his post. With this arrangement, an intricate network of influence cannot be formed in the local area, which is tantamount to strengthening the centralization of power.
Xu Zun, who had just approved the official release of Zhang San, did not give himself a short vacation. At this time, he was sitting at the table, carefully reviewing the confession in Ayun's case.
But Xu Yuan, the chief clerk standing next to him, had a worried look on his face.
Judging from the facts of the case, this case was just a very simple murder case. It took less than a day for Ayun to go to court and plead guilty, so the Penglai County captain quickly closed the case.
But it has been delayed for several months now.
It turned out that the case involved human life and was judged to be a crime of treason, one of the four ten evils, which generally refers to the murder of a close relative, and the murder of a husband was naturally among them.
According to the law, beheading can be imposed, but Penglai County does not have the final right to make a final decision, because according to the legal system of the Song Dynasty, this must be reviewed one by one by the Dali Temple, the Ministry of Punishment, and the Court of Punishment before a final judgment can be given.
Dali Temple and the Ministry of Punishment saw the case and immediately approved it without any doubts.
However, when the verdict of this case fell into the hands of Xu Zun, Xu Zun believed that the verdict was unfair.
Because Ayun's mother passed away a year ago, which means that Ayun is still observing filial piety, so according to the laws of the Song Dynasty, marriage is not allowed during the period of observing filial piety.
Xu Zun took this as an excuse to protest to Dali Temple and the Ministry of Punishment.
The first time, Dali Temple ignored it and continued to uphold the original verdict.
Although there is this law, there are etiquette and laws among the people. Among the people, during the mourning period, it is just said that no wedding will be held, but marriage and betrothal (betrothal) are allowed.
According to the law, as long as the man has paid the tax, the two are husband and wife.
Xu Zun protested again. This time he even criticized the Dali Temple and the Ministry of Punishment. As officials, we should abide by the law, not the unwritten rules of the people. The law clearly stipulates this. As law enforcement, you
Personnel must know the law and break it.
This time at Dali Temple, the Ministry of Punishment finally gave up on the crime of treason and sentenced Ayun to murder and wounding, and he was hanged according to law.
However, Xu Zun only approved the official document to release Zhang Fei, but did not pass the final judgment of Dali Temple. He obviously still had doubts about this.
Xu Yuan, the chief secretary who had been following him all the time, felt that Xu Zun was going too far, so he advised: "Now that Dali Temple has taken a step back, why don't the magistrates just accept it when things get better?"
Xu Zun frowned when he heard this and said: "Although the verdict of Dali Temple no longer mentioned the ten evil crimes, it still sentenced Ayun to murder and injured him and sentenced him to death by hanging. This still requires death."
Xu Yuan found it funny and said: "But there is no problem with this charge. Ayun had the intention of murder, but he failed to commit it. It should be considered that he was injured because of the murder."
Xu Zunxiao asked: "When I discussed the ten evil sins with you, how did you say it?"
Xu Yuan pondered for a while and said: "Xiaoguan said at that time that although the law does not allow marriage during the mourning period, the people also have etiquette to follow. They just don't hold weddings, but they don't object to marriage and accepting the levy. The Wei family has already accepted the levy.
The relationship between the two should be husband and wife, so Ayun's murder of Wei Ada is murder of her own husband, which is a very evil crime."
Xu Zundao: "Yes! At that time, you said that it was impossible to exempt the ten evil crimes, but now Dali Temple has not mentioned the ten evil crimes again. This is not the tolerance of Dali Temple, but that Dali Temple also knows that this verdict is unconvincing.
, so the verdict was changed to murder with injury. Having said that, if I didn’t appeal at that time, wouldn’t it be an unjust case?”
Xu Yuan was speechless for a while. These heinous crimes and murder are both death. The difference is that murder of a husband is punishable by beheading, while murder is punishable by hanging.
Is there a big difference?
Is it very unfair?
He estimated that Dali Temple was too lazy to argue with Xu Zun. After all, this guy was a habitual offender, so they took a step back.
Xu Zun glanced at Xu Yuan and saw that he was still dissatisfied, so he said earnestly: "You must remember one thing, the law can kill people, but it can also keep people alive. However, once this person's life is gone, there is nothing left for him to do."
Therefore, when we review cases, we must try every means to give the prisoner a chance to live, so that we can try to avoid unjust, false, and wrongful convictions."
Xu Yuan glanced at his boss helplessly. Obviously, he did not accept Xu Zun's idea.
At this moment, Liu Hai, the Muke who specializes in delivering papers, suddenly appeared in front of the door.
"Reporting to the magistrate, someone just broke into the Yamen to file a complaint."
He used the word "break" to describe it, which shows that he was very unhappy with Zhang San, because breaking into the Yamen was already a crime and could be punished with a cane as a warning.
However, Xu Zun thought that since he had gone to the Yamen to file a complaint, it must not be a small case, so he immediately asked: "Do you have a complaint paper?"
"Yes. But!"
The bangs were slightly hesitant.
Xu Zun immediately asked: "But what?"
Liu Hai said: "But but!"
Seeing his hesitation, Xu Zun said impatiently: "Send the paper in."
"yes."
Liu Hai didn't dare to say anything and quickly handed over the paper.
Xu Zun took it, and when he saw it halfway, he couldn't help but look surprised. He was here to sue me for his feelings, and he was even more curious. He looked directly at the place where the signature was signed, and immediately said in surprise: "Is it him?"
Xu Zun smiled bitterly and said, "That's the Zhang San who was just released."
"Zhang San?"
Xu Yuan asked in surprise: "Is there any hidden secret in this case?"
Xu Zun smiled and said: "It's not because of this case. No, it has something to do with this case."
Xu Yuan didn't understand what he heard and asked again: "I wonder who he is suing?"
Xu Zun couldn't laugh or cry and said: "That's me."
"!"
This was really rare. Xu Zun was a little excited. He had never been sued by anyone in his life.
The sense of anticipation was immediately heightened.
A quarter of an hour later.
When Zhang Fei was escorted to the court, there was no "mightiness" expected, nor was there any talk of the Yamen lining up to beat him with sticks.
Xu Zun didn't even wear official uniforms. He just sat in the court in regular clothes. In addition, there was Xu Yuan, the bookkeeper, a clerk in charge of recording, and two burly officials.
boom!
"Who is here?"
Xu Zun slapped the alarm and shouted.
Although he is not wearing official uniform, his momentum is not reduced at all.
However, Zhang Fei replied in a neither humble nor arrogant manner: "Zhang San, a small citizen, has seen Zhizhou."
Xu Zun immediately shouted: "How dare you Zhang San to slander me."
Zhang Fei replied: "Everyone in Dengzhou knows that the Zhizhou knows everything and is honest and upright. How can the common people dare to slander the Zhizhou?"
You have said all these good and ugly things, so what do you want to do? Seeing that Zhang San was so cowardly, Xu Zun felt uncomfortable for a moment and simply asked: "Then you can tell me how I am preying on the common people. If there are half
To put it bluntly, I will never take mercy lightly."
Zhang Fei immediately asked: "May I ask Zhizhou, can you prove that Xiaomin has nothing to do with Ayun's case and is innocent?"
Xu Zundao: "If this were not the case, how could you be standing here? We have already found out about this matter. You really have nothing to do with this case."
Zhang Fei said: "It means that the common man has been in jail for three months for no reason."
Oh, it turns out that he came here for this. Xu Zun's expression softened a bit, and he said: "Then I can't blame you. Who made you say nothing at all? You couldn't even say your own name clearly. What's more?
In addition, there are witnesses who saw you and Ayun hugging each other, shouldn't I be suspicious?"
Zhang Fei nodded and said: "Given Xiaomin's state at that time, it is natural for Zhizhou to suspect Xiaomin, but in the end it was just Zhizhou's suspicion. There was no evidence to prove that Xiaomin was involved in the case, and Ayun did not mention it either.
Xiaomin, based on this, Xiaomin has indeed been in jail for three months for no reason. Not only has he been tortured mentally and physically, but he has also lost his livelihood for three months. For Xiaomin, the loss is immeasurable.
of."
Xu Yuan, the chief clerk, felt that this boy was a little open-minded, and said with displeasure: "We are just doing things in accordance with the law, and we have made no mistakes. Moreover, you yourself also have a lot of responsibilities, so you can't blame others."
This actually involves a very key legal thought issue, that is, the presumption of guilt and the presumption of innocence. After thousands of years, the law is based on the presumption of innocence. As long as there is no conclusive evidence, it is innocent.
But now there is a presumption of guilt, and there is only one theory of "the crime is less serious than the doubtful", which means that if there is any doubt, the punishment should be given lightly, rather than the benefit of the doubt going entirely to the defendant. Therefore, it is very reasonable and reasonable to detain Zhang Fei, as long as he is not confused.
Officials will do this.
Because in reality, the government does not have the financial and material resources to support the presumption of innocence.
If you don't take him into custody, what if the suspect runs away? Song Dynasty doesn't have a Sky Eye system, so where can he find it?
Zhang Fei nodded and said: "What the chief clerk said is true, but assuming that Zhizhou intends to punish the people and make them go to jail for several months, will there be any change in the result and process? The answer is no. Zhizhou
Although there is no intention to feed the common people, the common people suffer from the flesh and blood. The common people think this is better than doing it intentionally, because it is not illegal and cannot be regulated."
After Xu Zun heard this, he frowned, but there was no look of anger on his face. Instead, he thought seriously, because he felt that what Zhang San said made sense, and it was more terrifying unintentionally than intentionally.
If someone intentionally harms someone, the court has an accountability mechanism, and people can also appeal. But if it is unintentional, there is nothing to control it. This is terrible!
After a while, Xu Zun suddenly asked: "What do you think it should be?"
Zhang Fei said: "The people think that at least the government should give them some compensation."
Xu Yuan immediately said: "This is unreasonable. Do you think the government is responsible for opening charity halls?"
Zhang Fei shook his head and said: "The government is not a court of charity, but for us people, it is a court of justice. The common people suffered three months of imprisonment for no reason and suffered heavy losses. It is reasonable and reasonable to ask for compensation."
When Xu Zun heard this, a flash of disappointment flashed in his eyes. This was not a solution.
What should we do if we encounter this kind of thing in the future? The government is obviously acting in accordance with the law, but it has to pay compensation every day. This is impossible.
But Xu Yuan was a little angry. You were not done yet. When he was about to scold you, Xu Zun suddenly said: "I enforce the law impartially and have no fault whatsoever, so I will not give you any compensation. However, I will not give you any compensation for what happened to you."
I am very clear that it is human nature to feel grievances in your heart, and I will not pursue the charges against you."
"Thank you, Zhizhou, for your forgiveness." Zhang Fei was so scared that it was like mercury pouring down the ground, clean and tidy.
Xu Zun's expression froze. Zhang San, who had been so confident just now, gave in so quickly.
Before he could come to his senses, Zhang Fei suddenly changed the subject and said, "Besides, I have one more complaint."
Curious: "What's the matter?"
Zhang Fei said: "Thank you Miss Ayun for saving your life."
Xu Zun was stunned for a moment, then he immediately reacted and said: "Do you want me to tell you something?"
Of course he knew that Ayun had a life-saving grace for Zhang San.
Zhang Fei shook his head and said: "How dare you, a humble citizen, bother Zhizhou, and how can you say thank you for this life-saving grace?"
Xu Zun asked: "Then how do you plan to repay your thanks?"
Zhang Fei said: "The people think that Ayun should not be convicted of murder, but guilty of wounding."
Xu Yuan was shocked when he heard this.
This is obviously murder, how could it hurt anyone!
If you don’t understand the Fa, don’t talk nonsense!
Xu Zun became more energetic and asked, "How do you say this?"
Zhang Fei said: "During the interrogation process, Xiaomin learned that Ayun was arrested and immediately confessed. I wonder if that's true?"
Xu Zun nodded and said, "It does happen."
Zhang Fei said: "If you remember correctly, during the reign of Emperor Zhenzong, some prisoners complained about injustice and accused the government officials of torture and extorting confessions, which led to unjust, false and wrong cases. Therefore, Emperor Zhenzong took back the judicial interrogation power of the government officials, and only criminal investigation trials were available."
So professional? Xu Zun couldn't help but look at Zhang Fei differently and nodded: "You are right, the government officials do not have the power of judicial interrogation."
This is actually similar to that of later generations. When the police ask for a confession, it is a criminal investigation interrogation, and the court interrogation is called a judicial interrogation.
Zhang Fei immediately said: "Ayun confessed immediately after being arrested by the Yamen. There was no judicial trial at that time, it was just an ordinary inquiry. In other words, he can be punished by surrendering."
Surrendering does not mean that you have to go to the Yamen and confess your guilt in order to surrender.
In the Northern Song Dynasty, voluntarily confessing without judicial trial could also be a case of surrender. This also encouraged everyone to surrender and avoid consuming the government's manpower and material resources.
Xu Zun stroked his beard and said, "That makes sense."
Zhang Fei immediately said: "And among the regulations on surrender, there is another one that can exempt you from the crime you committed."
Xu Zun and Xu Yuan read at the same time: "Excuse me from the crime I caused?"
Neither of them thought for a moment that Xu Yuan wanted to find a book to read, but felt that it was very humiliating. He was the master of the book, and he was actually taught by a prisoner who had just been released from prison.
But Xu Zun couldn't care less, and immediately ordered Liu Hai to fetch "Song Xingtong" and read it, and found that there was indeed such an article.
However, this article is not listed in detail, but is included in the explanation of the surrender regulations.
Therefore, even Xu Yuan, the chief clerk, did not think of such an item for a while.
The original text is: "Those who commit murder and wounding and surrender themselves will be exempted from the crime for which they committed the crime, and they will still commit the crime of killing and wounding." It is also said: "Suppose someone kills or wounds someone due to robbery, or someone who negligently kills or injures a rich man and surrenders, he will be exempted from the crime of robbery, so
The crime of murder is still punishable.”
So thin!
Very thin!
Xu Zun looked at this picture with admiration, nodded and said: "Yes, that's the way it is."
Zhang Fei said: "According to this regulation, anyone who commits the crime of wounding due to theft and surrenders himself will be exempted from the crime of theft and will only be prosecuted for the crime of wounding."
"good!"
Xu Zun nodded.
What is the purpose of avoiding the crime of cause? It is actually very simple. For example, if you break into a house and you are discovered, you hurt others, but because your original purpose is not to hurt people, but to steal, that is, to hurt others because of theft.
Man, in this case, if you turn yourself in, the law will only hold you accountable for the crime of hurting others, not the crime of theft.
This is to avoid the guilt caused by it.
If theft is combined with injury, the death penalty will be imposed, but if only injury is pursued, it will be determined based on the circumstances of the injury, but generally the death penalty will not be imposed.
This is very reasonable. If there is no such legislation, it will lead to the fact that once someone is injured due to theft, they will be killed directly and silenced, and they will die anyway.
If he was given a way to survive, it might be possible to avoid hurting innocent people and even allow the injured to receive timely treatment.
Zhang Fei immediately said: "According to the laws of our dynasty, the crime of robbery is more serious than the crime of murder, so it can be inferred that this law also applies to the crime of murder, so Ayun, who has surrendered, naturally also applies
According to this law, Ayun injured someone because of murder. According to the crime of absolution, he can naturally be exempted from the crime of murder and convict Ayun of wounding."
The first half of the sentence in the original text reads, "Those who commit murder and wound themselves and surrender themselves will be exempted from the crime for which they committed murder and wounding."
This is the regulation.
In the second half of the sentence, another argument goes: "Suppose someone kills or injures someone due to robbery, or accidentally kills or injures a rich man and surrenders, the crime of robbery will be exempted, so the crime of killing and wounding will still be punishable."
This is an example explanation.
It does not mean that the exemption of the crime is only applicable to the crime of robbery and murder.
Zhang Fei's inference logic is correct.
But Xu Yuan was dumbfounded.
Is this okay?
"What nonsense!"
Xu Yuan angrily rebuked: "You are talking nonsense. You just said that the crime of theft and wounding can be exempted from the crime because the crime of theft is lighter than the crime of killing and wounding, so the crime of theft is exempted."
, only the crime of killing and wounding will be pursued. But when it comes to you, you confuse right and wrong. The crime of murder is more serious than the crime of wounding. Is there any reason to exempt murder and only pursue the crime of wounding? If this is the punishment, what is the justice of heaven."
Zhang Fei smiled and said: "That's not what the officials said just now."
Xu Yuan wondered: "I didn't say anything just now."
Zhang Fei said: "Just now, the common people are moved by emotion and rationality. They think that they have suffered three months of imprisonment for no reason and need some compensation. Isn't this unreasonable and unreasonable? But the two officials
But he insists that the government only acts in accordance with the law, and the ordinary people can only consider themselves unlucky, after all, this is what the law stipulates.
But now the common people are arguing according to the law. Since the law stipulates that those who surrender can be exempted from the crime they committed, then Ayun who injured others for murder can naturally be exempted from the crime of murder. However, the chief clerk refutes the common people with the law of heaven.
Then the common people have to ask, which one comes first, the laws of heaven or the law."
Xu Yuan was speechless for a moment.
These two things seemed to be incompatible with each other, but after Zhang Fei's sophistry, they suddenly became the same thing.
Now that the truth has come to light, no one can deny that Zhang Fei has indeed been in jail for three months unjustly. He had nothing to do with the case and he didn't even know Ayun. Even in terms of natural justice, he should be given some compensation.
But the government also acts in accordance with the law. The law stipulates this, so you can't blame the government.
However, you can't double standard.
It turns out that he was just paving the way for the case by suing me before! Xu Zun suddenly realized it, glanced at the embarrassed Xu Yuan next to him, and spoke out to help: "Both stealing and murder are crimes, but what is the crime of 'conspiracy'? If
According to what you said, thinking about someone's death is also a crime, and we don't have this law in our country."
To absolved of the crime is to give the judge an explanation to determine whether the two crimes are concurrent.
But according to Zhang Fei, murder must be separated from murder. The idea or intention of murder is a crime, and the act of murder is another crime.
But the problem is that the idea of murder is not a crime. Many people shout, I am going to kill you. At this moment, this person is definitely thinking of murder, but this is not a crime, it is just a pleasure.
Murder is one crime, not two.
Robbery and murder are different. Robbery and murder are two different crimes.
Zhang Fei said calmly and calmly: "Zhizhou's words are wrong. There is a rule in our court's laws. Anyone who tries to enter the palace without crossing the threshold will be punished with eighty sticks. This is the crime of conspiracy. In addition, if two people conspire, one person will break the law."
, two people are guilty of the same crime, but one of them only conspired and did not commit any actions, but they are also charged with the same crime. This is also the crime of conspiracy. It can be seen that conspiracy can certainly be punished as a crime."
There are too many examples of this. You can shout to kill people, but if you shout to rebel, it will be a dead end regardless of whether you have acted or not.
Xu Yuanren was stunned.
This kid couldn't even speak clearly before. How did he become so eloquent after he was released from prison?
After Xu Zun thought for a while, he suddenly laughed and scolded: "How dare you talk nonsense in this court, you unruly man. However, if you commit your first offense, I will not pursue you any further. As for the compensation you demand, I will not
Granted, I will say it again. I am only acting in accordance with the law and have not wronged you. Please step aside."
"Xiaomin, please retire."
Zhang Fei immediately bowed, turned around and left the lobby.
Very straightforward!
Very chic!
Xu Yuan felt a little incredible. Suddenly, he realized that I am the outsider in feelings. He immediately said to Xu Zun: "Zhizhou, this statement is absolutely unacceptable!"
Zhang Fei gave them two choices, either to compensate or to absolve Ayun of the crime of murder.
Of course, they could choose neither, or choose to give Zhang Fei a slap in the face.
However, Xu Zun emphasized that he would not compensate Zhang Fei, and at the same time he readily let Zhang Fei go. Obviously, he wanted to use this to absolve Ayun of the crime of murder.
Xu Zun said with a smile: "Since someone has raised doubts, we must fight for the prisoner. It depends on whether Dali Temple can find a reasonable explanation that is convincing."
Although this statement sounds unacceptable, Zhang Fei is clear and logical. He is arguing in accordance with the law and is logically correct. He is not making irresponsible remarks. Since there is such a provision in the law, if you want to deny it, you must give a reasonable explanation.
and authoritative explanation.
As he said that, Xu Zun looked out the door and said with a smile: "This boy is quite courageous."
The words are full of appreciation.
However, what he didn't know was that it wasn't Zhang Fei who was brave, but because he himself was so famous in history.
And the reason why he is famous is because of the Ayun case.
This case not only involved the famous Wang Anshi's reform, but also contained the struggle between two legal thoughts. It has great research value in the legal research of later generations.
Zhang Fei has also done research and is very clear about this case.
If it were any other official, even Bao Zheng, Zhang Fei would not dare to be so reckless.
This is simply confusing right and wrong and misleading the public.
It was precisely because Zhang Fei knew that Xu Zun had used "to absolve him of the crime" in history to help Ayun avoid the death penalty. But it was precisely because of his defense that the case became more and more troubled, and eventually Song Song
Shenzong, Wang Anshi, Sima Guang and others were all implicated, making this case an eternal mystery, with a time span of more than ten or twenty years.
But Xu Zun hasn't thought of this yet, Zhang Fei just gave Xu Zun a pillow that he will have in the future.
Zhang Fei was of course confident, because the complaint he made was exactly what Xu Zun was thinking at this time. The two of them coincided with each other. How could Xu Zun blame him? It was too late to thank him.
"Zhang San! Zhang San!"
Zhang Fei, who had just left the government office and had not gone far, suddenly asked someone calling him from behind. When he looked back, he saw a boy dressed as a servant running towards him.
The boy caught up with Zhang Fei, took off the baggage on his shoulder, handed it to Zhang Fei, and explained: "My master knows that you have just been released from prison and you have no money, so he ordered me to come and lend you some money temporarily."
and clothes, return them after you find your relatives."
Zhang Fei was stunned for a moment, then laughed, and without asking who his master was, he took the baggage. He felt that the baggage was so heavy that he almost couldn't hold it firmly, and said: "Please wait for me to tell your master, please."
, Zhang San will be rewarded generously one day."
The boy nodded, turned and left.
Looking at the baggage in his hand, Zhang Fei raised the corner of his mouth and said to himself: "It seems that the historical records are correct. This Xu Zunguo is really law-enforcement and his feelings are deep!"
At this point, he paused for a moment, frowned and said: "However, if Ayun's death sentence is reduced by absolving him of the crime he committed, it is really unconvincing, and it is also difficult to repay this life-saving grace. I will definitely give it to him.