Xu Zhiqian, who has been investigating this matter, couldn't help but look shocked when she heard this accusation.
This is true for her, let alone others.
There was an uproar immediately outside the door.
Where is this going!
It took Lu Gongzhu a long time to come back to his senses. This was completely beyond his preparation last night. He shot several times in succession to ask for silence. After the sound of people at the door disappeared, he asked: "What did you just say?" Playing to sell your wife?"
Zhang Fei nodded and said: "Yes, Li Si sold his wife in a play. According to my Song Dynasty law, he should be apprenticed for two years and sentenced to fifty canes. However, I beg the magistrate to give leniency to Li Si and avoid his cane punishment. The sentence is reduced by one year."
"Wait a minute! Just wait a minute!"
Lu Gongzhu waved his hand and said: "You have confused me. According to Li Si's confession, they both agreed to use their wives to repay the principal. How could they be guilty of selling their wives?"
Although the Song Dynasty was a patriarchal society, there were also some laws to protect women. For example, in this play, the crime of selling one's wife was that the wife could be sold, but it must be voluntary and the procedures were complete.
Of course, as a vulnerable group, in many cases, they have no way to resist.
But when standing in court, of course the law is still the main thing.
Zhang Fei said: "According to our court household marriage law, the criterion for determining whether two people are married is the payment of gifts. I wonder if the common people are right?"
Accepting the levy means giving a betrothal gift. As long as this step is completed, the two parties will be legally married, rather than focusing on the wedding.
This is why in the Ayun case, the crime of treason was initially pronounced, because at that time the Wei family had already given away the land as a betrothal gift, and both parties had signed a good contract. However, this was later overturned by Xu Zun, who said that he should observe filial piety and not get married. .
Mr. Lu nodded and said: "You are right, that's the rule."
Zhang Fei said: "Based on Li Si's situation, the principal is the betrothal gift. When this contract comes into effect, it will be the completion of the betrothal gift, and Zeng will be Chen Yuteng's wife."
Lu Gongzhu nodded again and said: "You are right."
Zhang Fei said: "But Li Si hurriedly married Zeng to Chen Yuteng before he was hired by Chen Yuteng. This is of course a crime of drama prostitution."
Mr. Lu was led astray by Zhang Fei. He nodded first, and then said immediately: "No! Chen Yuteng only married Zeng after signing the compensation contract. This is not wrong."
Zhang Fei smiled and said: "Signing a contract does not mean that the contract is effective immediately, because the contract has a characteristic that it is extremely time-sensitive and cannot be calculated based on the date of signing. Please compare the two contracts. ."
Lu Gongzhu immediately picked up the loan and returned the two contracts to compare them.
He also heard Zhang Fei say: "The first contract stipulated that the repayment date was June 15th of that year, but the second contract was signed on June 3rd of the following year, with a difference of twelve days.
, and as far as I know, Chen Yuteng took Mrs. Zeng home that day."
After careful comparison, Lu Gongzhu shook his head and said: "You are wrong. Although it was more than ten days in advance, the contract is also very clear. I am willing to use my wife Zeng to repay the principal owed. Naturally, it will take effect on that day."
."
Zhang Fei shook his head and smiled: "No! No! This sentence can only mean that Li Si agreed to this transaction, but it is not timely. For example, today I, Zhang San, would like to marry Xu, can I
Say, I have married Mr. Xu today? Of course I can’t get it. And the contract did not specifically state that it will take effect on that day."
Xu? Xu Zhiqian rolled her eyes and cursed secretly, this scoundrel is really abominable!
Lu Gongzhu nodded slightly and asked: "When do you think it will take effect?"
Zhang Fei replied: "This is a contract involving lending, so when it takes effect, it should not be judged based on the simple statement on the contract, but should be judged based on the benefits generated by the contract."
Lu Gong wrote: "Chen Yuteng never asked Li Si for the principal."
Zhang Fei said: "What the common people are referring to is not the principal, but the interest. The magistrate please read the records of the Xiangfu County Hall. Among them, the interest pursued by Chen Yuteng was calculated until June 15th. In other words, the first debt
The validity of the contract does not end until this day."
Lu Gongzhu shook his head directly and said: "Although there is a difference of twelve days, there is nothing wrong with calculating the interest this way."
As for the interest on Li Si's contract, since the time limit is one year, it is calculated as monthly interest. If it is less than one month, it will be calculated as one month. Last night, Lu Gongzhu specially reviewed this point. The difference of more than ten days is not enough.
To overturn the judgment of Xiangfu County.
"This calculation is indeed correct."
Zhang Fei nodded with a smile, and suddenly changed the subject, "May I ask the prefect, in this case, how do you judge that the principal will not accrue interest in the next twelve days?"
Lu Gongzhu pondered for a while and said: "This is really difficult to judge, because no matter whether it is calculated on the third day of June or the fifteenth of June, the interest remains unchanged, and you can't judge which day it is calculated on?"
Zhang Fei immediately said: "Of course I can."
"Really?" Lu Gongzhu asked: "Then how did you judge?"
Zhang Fei smiled and said: "That's how the contract was written! Since Chen Yuteng later pursued the interest, it is enough to infer that the second compensation contract did not immediately terminate the first debt contract. The two are not a replacement relationship, but a relationship.
A coexisting relationship, or a complementary relationship.
Although it is less than one month, it is calculated as one month, but we must understand that interest is accrued every day, not that the interest for the entire month is accrued on the first day of each month. I have enough evidence on this point
It can be proved that in many debt contracts, the creditor chooses to terminate it early. In this case, it is usually calculated as one day instead of less than one month. It can be seen that interest is generated every day."<
/p>
Mr. Lu nodded slightly after hearing this.
This is not difficult to understand. If a month is less than one month, it will be counted as one month. This is only to protect the interests of creditors, but the interest is calculated based on the number of days.
Zhang Fei continued: "Since the interest is calculated on a daily basis, at the same time, the second compensation contract did not terminate the first debt contract, and then Chen Yuteng pursued the interest for the whole year, and the interest was generated from the principal
, then the repayment date should of course be counted as June 15th."
If it is less than one month, it is calculated as one month, which is based on the termination of the contract. There is no termination, and there is no special explanation, and the interest is considered to be in full, so it will naturally be calculated according to the date on the contract.
Lu Gongzhu nodded slightly and said: "It should indeed be counted as June 15th."
Since the second contract was a trap, Chen Yuteng did not mention interest matters, and it was even less likely that he would directly terminate the first debt contract.
Since there is no explanation, it naturally has to be calculated based on the statute of limitations of the first contract.
Zhang Fei continued: "Since the principal is the betrothal gift, the collection period should be effective on June 15th of that year, but Li Si sold his wife to Chen Yuteng on the third day of June. This is definitely a joke.
The crime of selling."
The people watching at the door all looked confused.
Including Xu Zhiqian, they understand what happened now, but they are even more confused. If the fight continues like this, Li Si's crime of selling out the drama will really be confirmed.
The crime of selling in a play clearly states that selling a wife must be done voluntarily by both parties and the procedures are complete, otherwise it will be regarded as selling in a play.
Obviously, Li Si sold his wife to Chen Yuteng without going through the entire process.
Lu Gongzhu carefully checked the information again, and said thoughtfully: "I have to re-examine these two contracts..."
Zhang Fei directly interrupted Lu Gongzhu's words, "Just now, the prefect has repeatedly confirmed that there is no problem with these two contracts. Does the prefect think there is a problem with this contract now?"
"I..."
Lu Gongzhu suddenly realized that the argument just now was a trap to induce him to confirm that the contract was correct, but at the same time he was very confused, you were invited by Li Si, why did you still sue Li Si and go to jail? This gourd was sold with
What medicine.
But Lu Gongzhu was also experienced in many battles. He knew that there must be something more to come, so he suddenly looked at Li Si and said, "Li Si, can you plead guilty?"
Li Si hurriedly said: "Xiao Min pleads guilty."
Lu Gongzhu immediately said: "Here comes someone! Take Li Si into custody first."
Two government officials immediately came up and took Li Si down.
The sound of discussion suddenly sounded at the door again.
Many scholars have criticized Zhang Fei.
The reputation of Erbi people is not very good. From this look, we know that Zhang Fei has definitely been bribed by Chen Yuteng, and this kind of drama is happening again.
It’s really chilling!
Sympathy for Li Si suddenly overflowed.
Many people shouted loudly to defend Li Si.
What an injustice!
But Lu Gongzhu knew that the matter was not that simple. He was actually testing Li Si when he asked. Seeing Li Si confessing so readily, they must have colluded long ago.
So he decisively stopped the noise at the door.
Sure enough, after everyone had died down, Zhang Fei immediately took out two more papers and said: "On behalf of Li Si, a small citizen accuses his wife Zeng of committing the crime of leaving without permission, and Chen Yuteng of Xiangfu County for taking his wife." p>
Xu Zhiqian's eyes lit up and she said excitedly: "It's really a good trick to treat others in their own way."
There was another uproar at the door.
Compared with the timeliness of the contract, they know better what it means to sell a play, what it means to leave without permission, and what it means to seize a wife.
Wife-taking is best understood as snatching someone else’s wife.
As for leaving without permission, it means that the wife abandons her original husband and goes with another man.
Obviously these three are contradictory.
Only two of the three sins can exist at most, and it is impossible for the three sins to coexist.
Either the wife colluded with Lao Wang, or the husband colluded with Lao Wang. It is impossible for three people to be guilty at the same time.
This is so contradictory!
Before Lu Gongzhu read the petition, he said: "Since Li Si is guilty of selling a show, how can we talk about the crime of leaving his wife without permission?"
Since it was Li Sixi who sold his wife, the wife should be the victim, why did she become the defendant!
Zhang Fei said: "Ms. Zeng voluntarily committed herself to others before completing the ceremony of accepting the conquest. This is clearly the crime of leaving without permission. In the same way, Chen Yuteng is of course also guilty of stealing his wife."
Lu Gongzhu, who has tried numerous cases, was also made dizzy by Zhang Fei this time.
From a common sense perspective, it is impossible to coexist with selling a play and leaving without authorization, but the law does not stipulate this. The law only explains what selling a play is and leaving without permission.
So if we look at it separately, Mrs. Zeng did commit the crime of leaving without permission, because she took the initiative to leave her husband and marry someone else before completing the tax payment.
Because Li Si didn't chase her away at that time, but instead his eyes were filled with tears and he was full of reluctance.
The same is true for Chen Yuteng. He married off someone else's wife without completing the registration process. This is of course a wife-taking. Although no one resisted, it does not mean that it is legal.
After thinking for a long time, Lu Gongzhu finally figured it out. In the final analysis, they all thought they had completed the legal procedures on the effective date of the contract, but because Chen Yuteng later demanded interest, all this became illegal.
, because the transaction date was set on June 15th, but the behavior occurred on the third day of June in advance, how could it be legal, and who among the three could be spared.
At this moment, both Mr. Lu and Xu Zhiqian understood why Zhang Fei had asked Li Si to go to Xiangfu County to sue the officials, and why he had just accused the contract of being illegal. The purpose was to get the government to prove that the contract was illegal.
Very legal.
As long as the contract is legal, then the entire transaction is illegal.
Of course, if all three of them acquiesce, it is actually legal, and the government will not pursue it. The key now is that Li Si refuses to admit it. He thinks that he has violated the law. If he breaks the law, the other two will naturally break the law.
But it seems a little unreasonable to sentence them like this. It’s only twelve days later, and then three people are sentenced to felony crimes. Li Si and Zeng are still victims. This doesn’t seem appropriate!
If you are found guilty, in addition to jail time, you will also have to be punished with a cane.
The punishment is very severe.
After all, this is about etiquette.
Lu Gongzhu said very cautiously: "Since this case also involves Chen Yuteng and Zeng, I have to investigate clearly before making a judgment. Retreat!"