Chapter 610: Officials have political authority and the people follow private contracts
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This is really one wave after another.
This makes officials who are used to having a leisurely time somewhat at a loss as to what to do.
After the lawsuit over the tax, the Chu-He-Han boundary of laws and decrees had been formed, and both sides had already set up their formations, preparing to use the most primitive way of struggle to solve the problem.
Who knew that the Taxation Department suddenly parachuted in and changed the entire situation, turning the Chu-He-Han realm into the Three Kingdoms.
This triangle relationship is always the most complicated.
In fact, the arrival of the Taxation Department divided administrative power in a sense. However, officials in the Northern Song Dynasty were also very familiar with this situation, because the power in the Northern Song Dynasty had already been divided and fragmented.
It doesn't matter to everyone if you divide power, because since you divide administrative power, everyone still belongs to the same camp.
It's a pity that it's not the case. The attitude of the tax department is really similar to that of the enemy, and the head of the tax department is not from the traditional bureaucratic class, but belongs to the lower-level officials.
However, what is more complicated is that this decentralization of the tax department is, in a sense, a kind of centralization, because in the past, many government offices were responsible for tax collection, the government was responsible for it, the transportation department was responsible for it, and the household head was responsible for it.
Zhengguan, Xieyan Supervisor, Changping Supervisor, etc.
Now the Department of Taxation has taken back all tax collection powers.
This raises the question, who will check and balance the tax department?
This is like the relationship between the Privy Council and the three Yamen. Military, political and military orders are separated. It is even more acute than the relationship between the Privy Council and the Three Yamen.
There is essentially no conflict between the Privy Council and the three Yamen, they just separate the military, political and military orders. However, there is a conflict between the Taxation Department and the government. The conflict is that because of the promulgation of the exemption law, officials also have to pay taxes.
In addition, the Department of Taxation is very strong. They have just arrived in Hezhong Prefecture, and the government offices have not officially opened yet, so they have to deal with the white and red deeds. This problem is widespread among the people, and also involves the rights and interests of a large number of officials, squires, and landlords.
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The Department of Taxation wants to be the enemy of everyone.
However, due to previous rumors about the Department of Taxation, this has made many people fearful.
Wei Yingfang and others dared to go against the imperial court before, even using force, but when faced with the tax department, they were still a little embarrassed.
Since we don’t dare to fight rashly with force, we can only fight with words first.
According to the system, it is difficult for the government to mobilize the tax department, because the principle of the tax department is to collect taxes according to the law, not to act according to orders.
But since it is in accordance with the law, it is naturally subject to the supervision of the imperial court, because justice is controlled by the imperial court.
It happened that the Taxation Department initiated a lawsuit against the Imperial Court, so in this red and white deed lawsuit, the officials, the squires, and the people reached a consensus that they would try it first to see if the Imperial Court could effectively restrain the Taxation Department.
In the end it's the lesser of two evils.
No matter how hateful the imperial court is, they still have to abide by the law and evidence. However, on both sides of the law, everyone is in an equal relationship. Everything depends on the evidence, and what they can't stand is precisely this equal relationship. This is a feudal society. You
If you try to play equality with me, you're going to have your brain damaged, right?
But the Taxation Department is different. Although the Taxation Department's principle is to collect taxes in accordance with the law, in the eyes of the officials, you are depriving me of my privileges in accordance with the law. If you can collect taxes from me, then this is an unequal relationship.
In the imperial court, we are equal to everyone, but here at the tax department, I am still inferior to you. How can this be possible?
The key point is that they can still negotiate and negotiate with the public prosecutor and the law, and they can still express their difficulties, but the tax department will not talk to them at all, and their relationship is limited to taxation.
The Tax Department is obviously even more terrifying.
It was already the middle of winter, and the biting cold wind blew on my face like a knife. The big tree outside the imperial court gate was dancing wildly in the wind, and the dry branches made a "Kacha Kacha" sound from time to time.
sound.
But this still couldn't stop the people's enthusiasm for watching. Just like the pleasant weather in late autumn, the courtyard was crowded with people inside and outside the hospital. Everyone pressed closely together, and the temperature was spreading, and it seemed that it was not that cold anymore.
The officials who were absent last time were sitting at the VIP seats this time. Although they really wanted to cut ties with the imperial court, they still couldn't do without it!
In fact, according to the design of the imperial court, trials should be conducted indoors in winter, that is, in the lobby behind the courtyard. However, the red and white deed lawsuit being heard today is closely related to almost everyone and has attracted the attention of all walks of life. Zhang Fei
It's better to decide and review it in the courtyard.
However, two screens were erected on both sides of the court to block the cold wind, but also blocked the appearance of President Zhang, which made the people on both sides quite dissatisfied.
The key point in this lawsuit is whether the private contract is legally binding.
In fact, there is no clear regulation on whether it has legal effect. It is just that the white deed is recognized by the people, and the government will turn a blind eye or close its eyes. Most of them will still recognize it. The request of the Taxation Department is that the imperial court refuses to recognize the law.
Effectiveness.
If there is really an express provision, the people will not dare to recognize it, especially in the pawn industry such as Jiekupu. If there is wrangling during the transaction, it will be very troublesome, because the law does not recognize it, and the white-deed transaction may be invalid.
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On the other side is the Legal Aid Department. Those big landowners will naturally not show up because they get a lot of profits from it. If they are the plaintiffs, wouldn't they just come to people's homes for entertainment?
At the same time, this deed tax really caused the people to suffer a lot. Many people were victims of the deed tax, so they found some people who were frightened by the deed tax to complain.
After the court session, the arguments between the two sides immediately became intense. They were digging up dirt on each other without mercy.
Lu Bangxing accused the other party of using the white deed to evade taxes. If the white deed is not denied, it will be difficult for the tax collection department to carry out the tax collection work in the future, because he represents the tax department, so he must work around the tax department.
Fan Zhen, on the other hand, attacked the government for overcharging the deed tax, causing the people to dare not pay the deed tax. The government should bear full responsibility.
However, because the red and white contract involves too many issues and is too complex, it requires a large number of examples to prove it. Both sides also called many witnesses to prove their views.
After a whole day of heated debate, we finally came to the closing remarks.
But both the officials at the VIP table and the people outside the hospital looked very uneasy. It can be seen that the two sides were evenly matched, and there was no obvious leaning towards either side.
Lu Bangxing stood up, read the text for a moment, then put it down and said loudly: "The imperial court is a place where laws are taught, and in our tax law, there is a clear stipulation that any land or house transaction must be paid
The deed tax is 4%. Only after the deed tax is paid can the entire transaction be truly completed. If the deed tax is not paid, this is not only an act of tax evasion, but the entire transaction cannot be considered completed.
Although the other party accuses the government of overcharging deed taxes, from a judicial perspective, this cannot be confused with the fact that the government overcharges deed taxes. They can sue the government, but this is not a legitimate reason for the deed to be in vain, and there is no clear provision on this in the law.
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In addition, the evidence just now has fully proved that many people use white deeds not because of excessive collection of deed taxes, but to avoid deed taxes. If the imperial court recognizes that white deeds are legally binding, then this will cause the court to face countless losses every year
, According to the law of legal system, the imperial court must first protect the interests of the country and the monarch.
Therefore, I hereby implore the imperial court to rule that the white deed is invalid."
As soon as he finished speaking, he immediately received overwhelming boos. At a glance, no one was on the side of the tax department.
As far as the common people are concerned, as long as you collect taxes, you are an enemy.
Not to mention that the deed tax embarrasses the people.
If you don’t boo, who are you booing?
After Zhang Fei stopped booing, Fan Zhen stood up. It must be said that this cold winter was really a big test for Fan Zhen, who was already in the age of knowing his destiny. His movements were slower than before, but the considerate Huangting
, or a small stove was prepared for them.
Fan Zhen took a deep breath, adjusted for a moment, and then said: "I very much agree with what the other party mentioned just now, that is, from a judicial perspective, the two are different and are confused.
But these two are not about excessive taxation and whether white contracts are legal, but about the government and the law, and the people following private contracts. This sentence first came from the Tang Dynasty Law Review, and our Dynasty's "Song Xingtong" also inherited this
Rules and regulations.
But the other party obviously did not understand this regulation clearly, so they confused political law and private contracts. When both parties sign a complete contract, then the contract is legally binding on both parties. This is a private contract between the people and the government has no authority.
The right is denied. Although the imperial court stipulates in the tax law that land deeds require payment of deed tax, this is an official political law.
From the perspective of regulations, the government has political laws and the people follow private contracts. They are two parallel lines. The two do not interfere with each other. But now the other party wants to use political laws to deny private contracts. This is a clear violation of this regulation and will cause
Very serious consequences. From now on, everyone will only recognize political laws and not private contracts. Then all private transactions must be approved by the government to have legal effect. However, the excessive taxation claimed by the other party will be further expanded.
, at the same time the government will be able to control all private transactions.
The harm this causes to the country and the monarch is far greater than the losses caused by tax evasion just mentioned."
Suddenly there was very excited applause and cheers outside the hospital.
The people supported Fan Zhen with all their strength.
A deed tax has already made the people miserable. If every contract requires going to the government to go through the formalities, it will be over!
This tax department is so evil!
"Quiet! Quiet!"
Zhang Fei knocked the gavel seven or eight times before stopping the people's support, which shows how scared the people were.
Fan Zhen continued: "But I believe that President Zhang will not be deceived by the other party, because President Zhang clearly explained this point when he talked about the law of legal system in the Legal Academy.
The civil litigation stipulated by the imperial court is actually to follow the concept of legal system and defend the legitimate rights and interests of individuals. This is also to defend the legal effect of private contracts.
As for the other party’s belief that white deeds can enable many people to avoid taxes, I don’t object to this. It is true that some people use white deeds to evade taxes, but there is also sufficient evidence to prove that many people are unwilling to pay deed taxes because the government overcharges deed taxes. Originally, deed taxes were
It should be paid and stamped, but if you go to the government to pay the deed tax, you have to go through four procedures, so that no one knows how much tax you will pay once you enter the government. The government fails to set an example, so it cannot blame the people for refusing to pay.
Tax.
Here, I implore the imperial court to determine that the white deed is legally binding."
Both sides are very smart, and they are talking about the legal system, because the establishment of the Imperial Court is based on the legal system. Only the legal concept can cooperate with the public security system.
Zhang Fei will definitely not undermine the rule of law.
Of course, Zhang Fei was very happy to see them mention the legal system.
"Thank you to both the prosecution and the defense for their submissions."
Zhang Fei nodded, pretended to examine the testimony again, raised his head, and said loudly: "Because this case is too complicated, the president of the court will refer to the evidence, confessions, and laws of both parties before making a decision. Today, let's start with
When the trial reaches this point, leave the court."
The audience's expressions were very complicated, with disappointment and expectation intertwined.
In this lawsuit, there is no obvious justice or evil. Both parties are fighting based on the laws and regulations and the concept of the rule of law.
The people didn't quite understand. Although they also hoped that the imperial court would give a verdict immediately, what should they do if the tax department wins the case? At least if they don't judge, it won't be considered a loss.
And from the perspective of the entire process, this delay in sentencing is reasonable and reasonable.
On the scene, there is really no discernible outcome.
Even the officials didn't know how to judge.
So this result is still acceptable to everyone.
"Hey! What do you four think?"
Zhang Fei asked the four little kings while packing up the papers.
The four little kings turned back silently, with a trace of begging in their blank eyes.
Can you ask us questions that we can answer? If we always ask such questions, our self-confidence will really be lost.
We will be depressed.
They are also confused now.
Not only did both sides make sense, they also cited laws and regulations to prove their points.
"Just asking, are you like this?"
Zhang Fei looked at them with deep contempt, and then said to Cai Jing: "Cai Jing, please go and invite the prosecutors and prosecutors from the prosecution and defense, Chen Tax Envoy, and Prosecutor General Su to the inner hall."
"yes."
Cai Jing immediately went down to the courtyard and invited Fan Zhen, Lu Bangxing, Chen Ming and Su Zhe to the inner hall.
The officials over there were just about to leave when they suddenly saw Fan Zhen and the others walking towards the inner hall. They couldn't help but stop, thinking in their hearts, could they want to reconcile again?
But how can such a lawsuit be settled?
Losing money won’t solve the problem!
When I came inside, I felt a lot warmer.
"Everyone, please take a seat."
Zhang Fei asked them to sit down with a smile, served hot tea, and then said: "I invite you all to come for only one reason, which is the interests of the country and the monarch that you both mentioned just now. I believe you both also
We all know that no matter which side of the court decides in favor of the case, it will harm the interests of the country and the monarch. Therefore, the president of this court hopes to discuss a specific solution with you in the interest of safeguarding the country and the monarch."
Fan Zhen immediately said: "President Zhang should be aware that the other party's lawsuit itself will harm the rights and interests of the country and the monarch, and will also make the legal system exist in name only. When political law has the power to determine private contracts, how can the judiciary defend personal rights and interests?
.As long as the other party does not withdraw this lawsuit, it is impossible for us to compromise."
He has his own political opinions, and he has always opposed the government's interference with the people. In his view, too much intervention is competing for interests with the people, which is undesirable.
Fan Zhen believes that the government has political laws and the people follow private contracts. This law cannot be broken in any way, because it will break the folk rules and give the government full power.
Chen Ming suddenly said: "The Taxation Department does not need to pursue the legal validity of the white deed, but the Taxation Department has the right to pursue all tax evasion issues with the white deed. From the perspective of tax law alone, anyone holding an overdue white deed is considered tax evasion."
crime."
Fan Zhen was slightly startled and could not help frowning.
Su Zhe suddenly said: "But according to the evidence just now, the government has excessive tax collection, which has led to many people refusing to pay taxes."
Chen Mingdao: "That was done by the previous government, not by our tax department. The reason why the tax department sued was because they did not want to use the tax police to investigate the unpaid taxes on their white deeds. If the imperial court ruled that the white deeds were invalid,
Then they can be forced to take the initiative to pay taxes to the tax department. If the tax police discover that they are using white deeds to evade taxes, they will have to act in accordance with the law."
Fan Zhen immediately said: "Bai Qi is common among the people. Is it possible that your tax department has arrested all these people?"
Chen Mingdao: "That's why we hope that the imperial court will provide support and not go to this step. However, collecting taxes is the only responsibility of our tax department. If it fails, we will definitely pursue the collection, no matter how many people have to be arrested."
Lu Bangxing looked at Chen Ming's paralyzed face and felt a little scared.
This person is really cruel.
Fan Zhen fell into silence.
If the tax law is challenged, the tax department has an absolute advantage, and the white deed is tax evasion. This is irrefutable proof!
In addition, many people do not go to the government to pay taxes, so you cannot prove whether the government will charge them 4% or 12% after they go.
Only when the government collects 12% can we accuse the government of overcharging the deed tax.
Fan Zhen has also seen the methods of the tax department. Even the powerful people in the capital can't stop him. Can the common people stop him?
this is too scary.
Su Che suddenly looked at Zhang Fei, "What does President Zhang think of this?"
Zhang Fei pretended to think deeply, "I think what Mr. Fan said is right. Officials have political laws, and people follow private contracts. This law cannot be broken. The imperial court cannot completely deny the legal effect of the white contract, because the contract itself
As long as it has legal effect, the white contract must be binding on both parties who sign the contract, but this restriction may not be complete.
I more agree with Tax Commissioner Chen to solve this problem through tax laws. Tax evasion is definitely wrong, and the Taxation Division should investigate it. However, there are also problems with the government, and even the main responsible party. Now the tax collection power belongs to the Taxation Division, and the president of this court
It's hard to judge, but if it's a one-size-fits-all approach, it's obviously putting all the blame on the people, which is also very inappropriate.
If the Taxation Department is willing to make certain concessions, our Imperial Court will also give the Taxation Department support in tax law."
Chen Ming asked: "What do you think President Zhang said?"
Zhang Fei said: "First of all, the Taxation Department must ensure that no additional fees other than the deed tax are collected. Otherwise, our imperial court will severely punish you."
Chen Ming nodded and said: "Of course, our Taxation Department will only collect taxes in accordance with the law."
Zhang Fei nodded with a smile and said: "Secondly, for the existence of Bai Qi, the government and the people are half and half responsible. After all, the tax department inherited the power of the previous government and should be responsible for this and bear half of the responsibility.
Therefore, if the Taxation Department can decide to give white deeds the opportunity to pay back the deed tax, but only need to pay 2% of the deed tax, in order to encourage people to pay the deed tax instead of using coercion, the whole process will last for one year.
Then in one year, if the Taxation Department discovers the white tax evaders, our Imperial Court will give the Taxation Department great support."
This support means that if you catch me, I will judge you.
But now, because this problem has existed for a long time, and people also have difficulties, even if the tax department uses tax law to file this lawsuit, the imperial court may not necessarily find the other party guilty.
But if you do this and there are people who use white deeds to evade taxes, as long as you catch them, I will convict them and there is no need for a trial.
Without the support of the imperial court, the tax department would also feel very uncomfortable. Although the imperial court wants to enforce the law, there is something fishy in it, and the lawsuit will still have to be fought.
Chen Ming was very confused. After a while, he said: "We can give people the opportunity to exempt themselves from paying the deed tax, but our tax department has no right to make the final decision regarding tax exemptions. This needs to be discussed with the government."
They only have the power to collect taxes, but tax collection policies are still in the hands of the government, and they cannot decide tax exemptions.
Zhang Fei nodded and smiled: "Of course, you both should go back and think about it carefully. But if you don't agree, then I can only make a judgment according to the law. The imperial court must admit that the white deed has certain legal effect, especially if
For both parties who signed the contract, it does not matter whether they have paid taxes or not. As for whether your tax department will pursue the liability for tax evasion on the white deed, your tax department will decide for yourself, as long as it is not illegal."
Fan Zhen knew in his heart that Zhang Fei's words were actually more about him.
If you don't compromise, then when the tax department really investigates, don't come to the imperial court to press me. I have done my best to be benevolent and righteous.
Judging from Fan Zhen's attitude towards the lawsuit, he recognized Bai Qi, and he just hoped that the court would collect less taxes.
But for Zhang Fei, if you have the ability, you can practice the law. If you can't, the imperial court must respect the law. The imperial court also values benevolence and righteousness, but benevolence and righteousness must be in accordance with the law. Benevolence and righteousness cannot override the judiciary.
When he came out of the inner hall, Fan Zhen saw that Su Che was silent, with confusion between his eyebrows. He smiled and said: "Ziyou, are you wondering whether you want to remind me that this may be a song between the imperial court and the tax department?"
play."
Su Che said in surprise: "Master Fan has already seen it."
Fan Zhen nodded and said: "Didn't they do this when we implemented the tax exemption in the capital? It's just that Zhang San was not the president of the court at that time. He never thought that even within this rule, he could find a way to say it.
, so that you can’t find any problems. This person’s methods are really too powerful.”
Su Che asked: "How does Master Fan plan to deal with it?"
Fan Zhen smiled bitterly and said: "Now I'm just a hired ear. It depends on the attitude of my client, and let's see how they convince the government first."
He knew very well that although his clients were ordinary people, behind them were big landowners, big country gentry, and those officials.
If the tax department cannot convince the officials, then his client will not agree to settle.