Chapter 211: The Tree Wants to Be Quiet, But the Wind Doesn't Stop
In the judicial construction of the Public Security Bureau, the Procuratorate is the only one that 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 division system. The criminal investigation department also had a relatively complete system, but the quality of its personnel was slightly lacking.
There is no such thing as the Procuratorate.
Although some departments have some powers of the procuratorate, such as the Yushitai, they do not have the core of the procuratorate system.
public prosecution!
Generally for criminal cases, the procuratorate prosecutes suspects on behalf of the state.
Now, the government conducts trials directly based on the evidence obtained from the investigation.
There is no accusation in the middle.
For example, in the Ayun case, Zhang Fei faced the judge directly instead of the procuratorate, which resulted in a confrontation between the lawyer and the judge.
According to common sense, it is impossible to win. The power of judgment lies 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 was a procuratorate, this phenomenon would not exist.
It can even be said that the procuratorate is the core of the entire judicial reform.
The separation of politics and law that is currently being implemented in Kaifeng County, if there is no support from the procuratorate, there will be no supervision at the center, and it 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 let Zhang Fei rush to become an official before. The reason was very simple. The court did not have a public prosecution department, so Zhang Fei could not use his abilities when he entered the court.
Of course, he also had a bad idea hidden in this, that is, he expected that Wang Anshi's new law would definitely cause problems. Simply putting pressure on the government was not a threat, and the people must also cooperate.
Litigation is a good means of pressure.
Now Wang Anshi is also constantly gaining support from the public through litigating lawsuits, and he also has the upper hand in public opinion in the DPRK and China.
Sima Guang planned to repay him in the same way.
But after Zhang Fei proposed the law of public prosecution, he changed his mind. With the right of public prosecution, Zhang Fei became an official in the court and could play a greater role.
In addition, the DPRK has now proposed to arrest Zhang Fei, a fanatic within the law.
He sees this as an opportunity.
"Thank you for your kindness, Grand Master Sima, but I think that if I enter the Procuratorate now, not only will I not be able to help Grand Master Sima, but I will also cause more trouble to Grand Master Sima."
"how do I say this?"
Sima Guang asked curiously.
Zhang Fei said: "I heard that many ministers in the DPRK recently recommended me to become an official in the DPRK."
Sima Guang nodded.
Zhang Fei smiled and said: "I think Grand Master Sima also knows the reason."
Sima Guang nodded slightly and said: "They are just afraid...!"
As soon as the words came out, he suddenly realized, "You mean, if you are allowed to enter the Procuratorate, they may prevent 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 greater, and they will even regard the procuratorate as a serious problem.
At present, everything is still under construction. At this time, the resistance should be reduced. Therefore, I think that Grand Bachelor Sima should not recruit me, but should mold me into an enemy. This will be more conducive to judicial reform."
Sima Guang stroked his beard, thought for a while, then smiled at Zhang Fei and said, "That would be wronging you."
Zhang Fei said half-jokingly: "I don't know who will be wronged by then."
Sima Guang laughed and said: "But you can't stay out of it. You still have to go to the Imperial College to teach."
Xu Zhiqian said in surprise: "He goes to the Imperial College to teach?"
Did he teach the Imperial Scholars in Erbi?
Don’t be too outrageous!
Sima Guang sighed helplessly: "I don't want to either, but when it comes to litigation methods, no one in the court can be your husband's opponent."
Zhang Fei smiled modestly, and suddenly thought of something, his eyes lit up, "Yes!"
Sima Guang asked: "What?"
Zhang Fei said: "The emergence of the procuratorate, doesn't it give us Erbi a legal status to litigate?"
Sima Guang was stunned for a moment and thought, yes, it doesn’t make sense that the imperial court takes the lead in public prosecutions and does not allow legal disputes among the people! He thought for a while and said: "Be prepared, this legal aid matter should not be a problem
big."
Zhang Fei nodded and said: "Grandmaster Sima, please rest assured that I will do my best in this matter and will never cause Grandmaster Sima to be criticized for this."
After discussing the matter, Sima Guang left.
"Are you really not planning to become an official?"
After sending Sima Guang away, Xu Zhiqian asked Zhang Fei.
Zhang Fei put his arm around her waist and said with a smile, "What? Do you really want me to become an official?"
Xu Zhiqian said: "We have discussed this matter before. No matter how capable an Erbi is, the number of people it can help is extremely limited. If you want to help more people, you can only become an official."
"good."
Zhang Fei nodded, "But now is not the time, because it is still unclear how much power the prosecutor can have, and he is subject to the checks and balances of the government agencies. If he rushes in, he will be deep in the quagmire and unable to leave even if he wants to.
It’s better to wait until the situation becomes clear before making plans.”
Xu Zhiqian nodded slightly.
She was also aware of the overt and covert struggles in the court. In fact, she was not urging Zhang Fei to become an official. She just wanted to know what Zhang Fei's plan was.
Of course, she still hopes that Zhang Fei can become an official in the court and be able to ask for orders for the people.
"Ahem!"
Suddenly there was a cough at the door.
Xu Zhiqian turned her head and saw Fan Li looking at the two of them with a strange expression.
What's the meaning?
Xu Zhiqian didn't react for a moment, so she turned her head and glanced at Zhang Fei. She suddenly woke up, quickly broke away from Zhang Fei's hand, took a step back, and gave Zhang Fei another fierce look.
Zhang Fei didn't think it was anything. He chuckled and said to Fan Li: "Executive Fan, you came just in time. I have something to discuss with you."
The three of them returned to the backyard and sat down. Zhang Fei said: "I have already made a decision on whether to litigate for free. That is to cooperate with the government and provide legal aid."
"Legal aid?"
Fan Li doesn't understand why.
Zhang Fei explained the specific operation methods to Fan Li again.
Fan Li frowned after hearing this, but said: "If this is the case, we might as well send someone to help ourselves."
Zhang Fei asked: "Why?"
Fan Li said: "If we cooperate with the government, it will not be the government that suffers. I am afraid that this kind of legal aid will turn into a kind of government service, and then our profession will be over."
The people and officials consider the same thing from completely different perspectives.
Fan Li was also a swordsman and pen official. 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's expression changed when they heard about Yaqianyan.
Zhang Fei smiled and said: "In other industries, it may make sense for you to think so, but in our industry, your worries are completely unnecessary. I still say what I said, we Erbi must defend the law.
Defend justice, otherwise, we will not be able to do this job, but if we want to defend the law, how can we become a yamen servant?"
In addition, for now, if we can provide legal aid to the court, then Erbi, the tea eater, will obtain legal litigation status, and then the government will have to accept Erbi to litigate in court."
Fan Li nodded thoughtfully.
really!
Erbi is different from other industries. If you want to be active, you must have some confrontation with the government, at least in the judiciary. If you blindly follow the government, what difference does it make to the government whether you are there or not?
Based on this, it is impossible for Erbi to become a yamen servant.
Fan Li asked again: "Then what are you going to do?"
Zhang Fei didn't answer but asked: "Is the store
Did someone say that I take special care of Qiu Zhengwen?"
Fan Li was stunned and asked, "Who did you listen to?"
Zhang Fei smiled and said: "I guess. I really want to train Qiu Zhengwen, so you don't have to think about it, some people will be dissatisfied."
Fan Li smiled and said, "Some people are dissatisfied."
Zhang Fei nodded and said: "Exactly! 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 litigate, they can return to the firm.
Become our partner."
"That's not impossible." Fan Li nodded and asked, "Then do we still pay?"
Zhang Fei said: "The remuneration of Erbi will be reduced a little, and the rest of the people will remain the same. How much money they can get will depend on their abilities. It is impossible to get by in our store."
Fan Li nodded.
Zhang Fei glanced at Xu Zhiqian again and said, "Let Zhiqian take charge of this matter. You should still be in charge of the store. You don't really like doing this free work anyway."
Fan Li chuckled twice, "Okay, I'll do whatever you want."
Zhang Fei added: "Excuse me, please go outside and inform them. We will have a meeting later to discuss the details."
"Okay, I'll go notify them first."
After Fan Li left, Xu Zhiqian glanced at Zhang Fei and muttered: "Zhang San, do you think I am not suitable to litigate in court?"
Zhang Fei was stunned, "No! Why do you ask that?"
Xu Zhiqian said frustratedly: "You just asked me to arrange this matter, which means you won't let me go to court to argue again."
Zhang Fei smiled and said: "You, Barrister Xu, are quite famous nowadays. If you go to 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 there must be a fee.”
Xu Zhiqian seemed a little reluctant. She always felt that justice cannot be measured by money.
Zhang Fei knew what he was thinking, and said again: "Zhiqian, don't worry, let's set up this arena first, attract more talents to enter this industry, and make the whole system run smoothly. Then you will provide legal services for free."
Assistance or fees are all up to you."
Xu Zhiqian glanced at him and nodded: "I don't understand this very well. I'll listen to you."
Zhang Fei breathed out secretly.
Not easy!
This legal aid can very well resolve some of the disputes between him and Xu Zhiqian.
Moreover, it can also take into account both procedural justice and substantive justice.
Kaifeng Mansion.
"Prefect Lu, I just learned the news that we have encountered some problems with the land survey."
Li Kai quickly walked into the hall and reported to Lu Gong.
Lu Gongzhu's expression tightened and he asked, "What's the problem?"
When it comes to land, it must be a big problem!
Li Kaidao: "Prefect Lu should know that many large landowners rent their land to tenant farmers instead of cultivating it themselves."
Mr. Lu nodded.
Li Kaidao: "This includes a large amount of white-deeded land, which is leased to tenant farmers. Since there is no need to pay taxes, the landlords share the tax equally. Although the landlords get more, the burden on the tenant farmers is indeed lighter.
Some, but their contracts stated that the tenants should bear all the taxes. Now the government wants to check the white deeds. These tenants have already paid half of the taxes before, and now they have to pay all the taxes. This has attracted many people.
It’s full of complaints!”
Lu Gongzhu frowned and said, "Those landlords have the nerve to let the tenant farmers bear all the burden?"
Li Kaidao: "That's what the contract stipulates, and what's more!"
Lu Gong said: "And they are the ones who deliberately instigated it?"
Li Kai nodded.
"This is really unreasonable!"
Mr. Lu angrily slammed the book in his hand on the table.
