This Fan Zhen is no longer a bachelor of the Hanlin Academy, he is just a spy of the Legal Aid Department.
He cannot make the decision. The real decision-making power lies with his employer, or to be more precise, in the hands of the group of people behind his employer.
What he has to do now is to fulfill his duties as an ear pen. After returning, he will immediately inform his client of the results of his discussions with the other party and the imperial court. As for whether to agree to this plan, he has no right to make the decision for them.
However, Chen Ming also needs to discuss this plan proposed by Zhang Fei with the officials, because the Taxation Department is only responsible for pursuing Bai Qi's tax evasion. He can decide to let Bai Qi pay back the tax, but he does not have the power to decide whether to exempt half of the tax.
of deed tax.
This requires government consent.
Transshipment Department.
When Chen Ming told the officials about their discussions with the imperial court with a serious face, they received looks full of contempt.
Compared with Zhang Fei and Yuan Jiang's double yellow singing, this time Zhang Fei and Chen Ming's double yellow singing was relatively rough. Fan Zhen could see it, and the officials had also noticed it a long time ago.
There must be something fishy between you two.
Therefore, when Chen Ming brought the imperial court's suggestion to the government for discussion, Wei Yingfang decisively rejected it.
"I don't agree."
Wei Yingfang said directly: "Those people use white deeds to evade taxes. Why does the government exempt them from half of the deed taxes? This is simply the most ridiculous thing in the world."
Chen Ming explained: "This is mainly because the other party also has a handle on the government's excessive collection of deed taxes, and our tax department has also calculated that if everyone is willing to pay back the deed taxes, the government can still generate an extra income."
Cai Yanqing nodded slightly.
Mainly because the government originally had no intention of collecting this deed tax. This plan was created from scratch, and the government was guaranteed to make a profit without losing any money.
Because there are a large number of white deeds among the people, if the money can be collected within one year, the life of Hezhong Prefecture will be very easy next year.
After all, land and house transactions are big transactions, not ordinary transactions.
Of course Wei Yingfang understood, but he was deliberately looking for trouble. Your Taxation Department was so strong before, and now you want to discuss it with us. Who do you think we are? He asked: "Can't the Taxation Department recover their full tax?"
Chen Mingdao: "The main purpose of our tax department in prosecuting this matter is not to recover the previous deed tax, but to prevent someone from using the white deed to evade taxes in the future. Therefore, we also support the imperial court's plan, but it is not
If you have to do this, if you think this is inappropriate, we will obey the order and refuse to accept it."
obey orders?
Many officials found it a bit strange, even ironic.
Chen Ming added, "Because our Taxation Department does not have the power to decide this matter."
After hearing this, the surrounding officials were not only unhappy, but also upset. Since the arrival of the Public Security Bureau, everyone has followed the rules, so how can we operate this?
Yuan Jiang suddenly said: "If we refuse to accept the imperial court's plan, what will you do?"
Chen Mingdao: "Whether the white deed is legally valid or not is not our decision, but the authority of the imperial court. Our tax department only enforces tax laws. Regardless of whether the white deed is legally valid or not, it is evidence of tax evasion. Our tax department
The Secretary will not let go of these white deeds, and we will conduct a comprehensive investigation."
Cao Yixiao asked: "Tax Commissioner Chen, there are a lot of white deeds among the people. Can your tax department investigate them?"
Chen Ming asked: "If we can't find it out, why don't we just check it out?"
Cao Yi was speechless for a moment.
Chen Ming added: "We will continue to investigate one by one until the white deeds are eliminated."
Wei Yingfang, who had been strong just now, had a hint of guilt in his eyes. He felt that there was a hidden threat in Chen Ming's words, so he said: "But this may also trigger unrest in Hezhong Mansion."
Chen Mingdao: "We are only responsible for collecting taxes in accordance with the law, and anything else has nothing to do with us."
Wei Yingfang said sulkily: "So the duty of our government is to deal with the aftermath for you?"
Chen Ming suddenly glared at them: "Wei Tongpan, have you made a mistake? Now we are dealing with the aftermath for you. If you hadn't overcharged the deed tax, if you hadn't tolerated the deed and supported the rape, why would our tax department be like this?"
Wei Yingfang was immediately stunned and speechless.
Yuan Jiang suddenly said: "Tax Commissioner Chen, this matter is of great importance, we still need to discuss it."
Chen Ming nodded, then stood up and said, "Goodbye."
This guy doesn't understand the world at all. He will leave immediately after talking about business and never stay for a moment longer.
After Chen Ming left, Wei Yingfang immediately said: "Xueshi Yuan, Magistrate Cai, these guys are trying to be mysterious and pretentious. If they really dare to investigate, why do they need to act out a show with the imperial court? They are treating us like fools.
play."
Cai Yanqing said: "But what if they are paying homage first and then fighting to find reasons for the tax department to use force in the future?"
Cao Yidao: "But do they really dare to do this? Or are they betting that we don't dare?"
The officials looked at each other with uncertainty in their eyes.
After Wei Yingfang and the others left, Cai Yanqing looked at Yuan Jiang with resentment like an old resentful woman.
Yuan Jiang hurriedly explained: "This matter really has nothing to do with me, but I can also be sure that if we don't agree, the Taxation Department will definitely conduct a comprehensive investigation."
Cai Yanqing couldn't help but frown, "Then what should we do?"
Yuan Jiang said: "Prefect Cai has always been closely related to the stability and finance of Hezhong Prefecture. We all know that this plan will not only help the stability of Hezhong Prefecture, but also improve the finances."
Cai Yanqing nodded slightly: "So we have no reason not to agree."
Yuan Jiang smiled and said: "But if the other party refuses, it has nothing to do with us. Wei Tong judged that they should stand on the other party's side, not on ours."
...
The next day, Liang Youyi came to Wei Mansion.
"Mr. Liang also knows?"
Wei Yingfang asked.
Liang Youyi nodded, "Yesterday, Academician Fan told us about their negotiations with the imperial court and the Taxation Department. Such white deeds are widespread among the people, so does the Taxation Department really dare to investigate?"
"We really can't say for sure."
Wei Yingfang sighed, "This is definitely a show played by the Taxation Department and the Imperial Court, but I just don't know whether what they want is to make up for the deed tax or to recover the deed tax."
Liang Youyi said: "Don't the government have the right to stop the tax department? If it is really pursued, it will definitely cause public resentment."
Wei Yingfang said: "The government only has the right to prevent the tax department from accepting this plan, because it is the government's power to decide whether to exempt taxes, and the tax department is only responsible for collecting taxes. It is precisely because of this that we have no right to stop them from recovering the deed tax. In the end, the deed is in vain.
It is indeed tax evasion.”
He hates other people's rules, but little does he know that he has also been infected, talking about authority but not rules.
Liang Youyi frowned, "Then... what should we do now?"
Wei Yingfang shook his head in distress and said, "I don't know either." Then he looked at Liang Youyi again, "What are you going to do?"
"If we had known, we wouldn't have come to discuss it with you."
Liang Youyi sighed and said: "And don't forget, we planned to break the land into pieces before, but if we have to pay the two percent deed tax, it might be more than the tax!"
"Yes! How could I forget this?"
Wei Yingfang slapped his forehead and immediately looked at Liang Youyi and said, "Do you think they have this idea?"
Liang Youyi nodded and said, "I think it's very possible."
Wei Yingfang couldn't help but sigh: "This is really troublesome!"
He has been an official for many years and has never encountered such a situation, and the source of all his troubles comes from rules.
In the past, power was concentrated in the hands of the government. As for how to do it, the officials could discuss it. They could tolerate white deeds and support adultery, or they could severely crack down on tax evasion.
It can be seen that they are above the rules, and whether they go left or right depends only on the results of discussions between officials.
But this time is obviously different, because there is a group of people who are following the rules.
The Department of Taxation does not have the authority to decide whether to be exempt from tax. Instead, it leaves this issue to the government and you decide, and your decision will determine our tax collection plan.
In a sense, the government is still above the tax department. The tax department is just the executor. However, the government has no power to influence the rules. They cannot prevent the tax department from collecting taxes in accordance with the law.
It is impossible to make peace, because this is how the rules are set. White deeds are tax evasion, and the tax department has the right to hold them accountable. But once the tax department takes action, although it will inevitably cause chaos, those rich people will have the right to hold them accountable.
He also holds a large amount of white deeds.
Now the government can only gamble on whether the tax department dares to pursue Bai Qi's tax evasion liability.
About the solution proposed by the imperial court to this lawsuit, word spread quickly, but the people were extremely struggling, with voices of support and opposition.
The support side is of course based on the trust in the Imperial Court, because in this plan, the Imperial Court has the tax department to ensure that it will not overcharge deed taxes in the future, which is very important to the people.
After all, not every common person dares not to pay the deed tax. The government sometimes arrests people, sometimes they don't, sometimes they look at people, and sometimes they just judge the matter. The key is that behind the deed tax, there is a group of ruthless Ya people who are specialized auxiliaries.
The government and those who collect deed taxes also have tasks every year. If it doesn't matter, they have to pay the taxes honestly.
As for the opposing party, the reason is very simple and crude. We were originally in peace, but you asked me to pay 2% of the tax back. Those who hold the white deed will definitely not be willing to do so. Unless the previous deed tax is exempted, then it is almost the same.
But this complex voice also provides the three parties with a space for negotiation.
The big landowners expressed their thoughts to the Legal Aid Department through the mouths of the common people, hoping that all the deed taxes on the previous white deeds would be exempted. In the future, as long as the government does not collect excessive taxes, we will definitely pay the deed taxes.
Fan Zhen did not object to this plan, so he went to the tax department to discuss it.
But Chen Ming decisively refused. If tax evasion will eventually become tax-free, and the reason is just that there are too many tax evaders, then this is a terrible thing. This will seriously affect the work of the tax department. Not everyone will be punished by excessive taxation.
Those big landowners, big gentry, and even officials who refuse to pay the deed tax would dare to overcharge them if they pay taxes. Everyone is in the officialdom and knows all about these things.
Moreover, Chen Ming once again expressed to Fan Zhen that the reason why the Taxation Department agreed to exempt half of the deed tax was mainly to bear the responsibility for the government. You should not push it too far. The imperial court only has the power to judge you to win, but it is impossible to rule that our tax department is not allowed to recover the deed tax.
It can be seen that Chen Ming is very fair and shows no mercy to anyone.
...
Imperial Court.
Zhang Fei sat by the stove, holding a copy of "Song Xingtong", and looked at it carefully. There was nothing he could do. The involution was so powerful that even a scholar could recite "Song Xingtong" by heart. He had to take a good look at it.
Don't be stumped by those young people with some very simple questions.
Gao Wenyin sat aside and silently made tea for him.
At this time, Xu Zhiqian suddenly entered the room and said, "I usually ask you to read, but you don't, but now you are in the mood to read."
Zhang Fei asked: "Haven't the Legal Aid Agency and the Taxation Department reached an agreement?"
Xu Zhiqian nodded and said, "I heard from Cai Jing that the Taxation Department has rejected the Legal Aid Department's tax exemption proposal."
Zhang Fei shrugged slightly and said, "The Taxation Department has the right to refuse."
Xu Zhiqian said slightly worriedly: "But if they don't accept your plan, what should we do?"
Zhang Fei didn't take it seriously and said: "I have already told them, if they don't accept it, what will be the verdict of our imperial court?"
Xu Zhiqian said: "But if the tax department really pursues Bai Qi's tax evasion, won't this cause problems?"
Zhang Fei spread his hands: "The duty of the Taxation Department is to collect taxes, and white deeds are tax evasion. This is the rule. I have no choice. Our imperial court must act in accordance with the rules, so as to convince the public."
Gao Wenyin suddenly said: "Those directors of the land have money, and now it has been found on them. Why are they not even willing to pay this little money? Are they really not afraid of death?"
Zhang Fei smiled and said: "Of course they are afraid of death, but they know that they will not die yet, and what they are fighting for is not this little money, but their privileges."
Gao Wenyin shook his head slightly, "I still don't understand."
"It's a good thing that I don't understand!" Zhang Fei glanced at Xu Zhiqian, "Look at how anxious Zhiqian is. I'd better continue to sleep with my wife tonight to avoid being woken up by her in the middle of the night to discuss what if the tax department pursues the payment.
What are the consequences of tax evasion?”
Xu Zhiqian spat, "Who cares about sleeping with you?"
Gao Wenyin also rolled her eyes at him, "I'll sleep with Zhi Qian tonight."
Zhang Fei immediately threw Song Xingtong away and said excitedly: "Why, I declare this suggestion invalid."
Xu Zhiqian walked up to Gao Wenyin, held Gao Wenyin's snow-white, slender jade neck affectionately with both hands, and looked at Zhang Fei with a smile, "At home, you are not the president of the court."
Zhang Fei said: "Then I want to appeal."
"turn down!"
"It's very cold to sleep alone today."
"You can ask Li Si to sleep with you."
"Then I'd better sleep alone."
"Ok, deal."
"You... how about the three of us sleep together."
"Don't even think about it."
...
And just as Zhang Fei was having fun with his two lovely wives, all the forces outside were still secretly playing games.
What was unexpected was that Cai Yanqing, who had always pretended to be deaf and dumb, suddenly stated that the government would be willing to accept the imperial court's plan.
"Prefect Cai, why is this?"
Wei Yingfang said excitedly: "This is obviously a trick by the Taxation Department and the Imperial Court."
Cai Yanqing said, "Didn't you say that the FAAID refused to agree?"
Wei Yingfang was stunned for a moment, then nodded.
Cai Yanqing said: "Then even if we support it, we can't affect the result, because as long as the other party doesn't agree, it won't matter. You must remember that you are officials, and the Taxation Department collects taxes for the government. He
Not our enemy.
If we do not support this plan, we must support the power of the Department of Taxation to check the deed tax. If something happens then, the court will be held accountable. Then what reason do we have to explain? We ourselves cannot collect the deed tax. We overcharge the deed tax and at the same time give tax to the tax authorities.
A messenger?
We have responsibilities in this matter. If you want to refuse, let the other party do so. We must fully cooperate."
These words left Wei Yingfang speechless.
But this is also Cai Yanqing's consistent style of doing things. In the battle between the two parties, he has always maintained a cautious and self-protective attitude and is unwilling to take any responsibility.
All the officials looked at Yuan Jiang again.
Nowadays, many officials are already following Yuan Jiang as their leader because Yuan Jiang is more responsible.
Yuan Jiang nodded and said: "I support Magistrate Cai's view. I don't want to lose my job for the benefit of others, but if the other party objects, we can also provide understanding."
The implication is that this deed is mainly for the interests of the other party, and they should bear the main responsibility. We can support it secretly, but we cannot support it openly.
Because there is no way to explain this to the court, because our jobs are in the hands of the court.
His words immediately won the approval of many officials. We should sit back and let others charge into the battle. This is the consistent style of our officials.
Even Wei Yingfang suddenly felt that this seemed to be the case.
However, the sudden change in the government's attitude immediately affected the big country gentry and big landowners.
They are not stupid either. You officials want to leave a way out for yourself, that is, you may betray us. If the tax department attacks and you stab us in the back, who can stand it?
Moreover, due to the reputation of the Taxation Department in the capital, it has never been involved in tax inspections. In addition, they still don’t know the strength of the Taxation Department, so they don’t dare to gamble. They originally hoped that the government would help them.
Sheltered from the wind and rain, who knew that all these officials were cunning and cunning, let them charge into the battle.
They also said that it is better not to take risks and agree to the imperial court's plan first. Anyway, there is still one year left. We can not pay for the time being and we will make a decision based on the situation.
Rush now, who can guarantee that the tax department is not investigating me? Once I am caught, will you really risk your life to save me?
Everyone is on the mixed path, no one knows who is who!
After some negotiations and games, all parties finally agreed to accept the plan proposed by the imperial court.
Next, the imperial court will give its verdict on this lawsuit.
The hazy sky symbolized the mood of many people present. Although they already knew the verdict and this was what they agreed to, it was not the result they wanted because his privileges finally succumbed to the rules, although this was
It was a delaying tactic, but they knew in their hearts that this was a helpless move.
But there was a person with a smile on his face, as bright as the plum blossoms in the twelfth lunar month.
This person is Zhang Fei.
He smiled as always, said hello to everyone, and then announced that the court was open.
"After referring to the confessions, evidence, the laws involved, and consultations with both parties, the president of the court has reached the final judgment."
After saying that, Zhang Fei lowered his head and glanced at the article, then raised his head and said: "First of all, does an illegal contract have legal effect?
In principle, it should not be possible. However, the two major principles of contract in our dynasty's law are inherited from the Tang law. One is that the government has political laws and the people follow private contracts.
Secondly, all acts and actions are private contracts between two people.
These two principles indicate that politics and law should not easily interfere with private contracts, including the freedom to sign a loan contract; the freedom to sign a loan contract with whom; the freedom to sign the content of the loan contract; and the freedom to perform the loan contract.
.As well as the voluntariness and equality of the contract.
Any contract that violates these two principles will have no legal effect, such as force, coercion, deception, etc."
When Fan Zhen, Su Che and the others heard this, they were immediately dumbfounded. Is this the result of our discussion?
You are bringing in private goods again!
I heard Zhang Fei continue to say: "Based on these two principles, let's look at the legality of the white contract. If a white contract is forced to sign, it will not have legal effect, but if both parties sign it voluntarily, it complies with the contract.
two major principles, then it will have legal effect.
As for the white deed's violation of tax laws, it is a matter of tax evasion, which has nothing to do with the legal validity of the contract itself.
The government can hold the parties responsible for tax evasion, but it cannot deny the legal validity of the contract itself. As the prosecution said, this would undermine the principle that the government has government and law and the people follow private contracts.
This court ruled that the prosecution won the case and that the white deed was still legally valid as long as it did not violate the principle of contract.
As for the issue of tax evasion, although it is the cause of this lawsuit, it is not the main point of the dispute in this lawsuit. The president of this court cannot give any judgment, but after the negotiation of this court president, the prosecution and the defense have reached a consensus.
The Department of Taxation will ensure that there will no longer be any policy of overcharging deed taxes, and at the same time try to simplify the procedures for people to apply for deed taxes. The president of this court would also like to emphasize again that excessive tax collection is illegal, and if people encounter it, they should keep evidence.
, and then promptly appeal to the imperial court.
But at the same time, it is illegal to refuse to pay the deed tax. However, the government promised to give everyone an opportunity to make up for the deed tax, and decided that in the next year, the deed tax will be reduced by half. In other words, the people only need to
Pay a deed tax of 2%.
The prosecution also promised to pay back the deed tax.
Our imperial court appreciates the guarantee of the Tax Department and the government very much, and has also decided to grant a one-year exemption period. During this year, the Tax Department will not have the right to hold anyone responsible for tax evasion if they sign a white deed at any time. However, after one year,
No matter when the white deed is signed, as long as it involves tax evasion, once it is discovered by the Taxation Department, our imperial court will also impose corresponding penalties, so we still hope that everyone will go to the Taxation Department to pay the deed tax as soon as possible."