Therefore, the Law Society had to make certain compromises with the business practices of the 17th century when formulating relevant laws, and made corresponding provisions for the business practices of this time and space in the form of judicial explanations.
It is difficult to say that these business habits are completely reasonable from a legal perspective, but they have become deeply rooted in people's hearts over time, and the Law Society is unable to completely deny them all at once. Therefore, except for some business habits that obviously violate common sense, violate public order and good customs, and are monopolistic, most other business habits are accepted by default.
Adhering to this principle, Liang Xinhu made a judgment
"According to folk business customs, the landlord can unilaterally terminate the contract only for rent arrears, rent relocation, violation of public security, etc. When the rental contract is established at the beginning and the time limit has been agreed, except for the circumstances stipulated in the contract, one of the parties will not be asked to do anything. This is due to the nature of the contract. The custom of lease contracts in my country has always been to respect the ownership of the lender. If the borrower violates the contract or obstructs public security, the contract should be terminated, and there is no need to comment. However, If the borrower has not violated the contract, the landlord cannot terminate the contract unilaterally, otherwise it is not only not allowed according to legal principles, but also based on customs and human relations, which is absolutely unreasonable."
After the explanation was completed, the naturalized clerk announced that everyone stood up, and Liang Xinhu picked up the gavel and slammed it down for the second time: "... In summary, the plaintiff's claims have legal basis, and this court supports them. According to the "Contract of the Song Dynasty Senate" According to the provisions of Article 231 of the Law of the Song Dynasty and Article 144 of the Civil Procedure Law of the Senate of the Song Dynasty, the judgment is as follows: 1. The defendant Zhang Cai is ordered to resume the house rental contract relationship with the plaintiff Chen Sanli; 2. , the defendant Zhang Cai is ordered to pay the plaintiff Chen Sanli a total of 1 yuan in silver dollars for the past lease period and interest for the same period within ten days from the date of entry into force of this judgment. The interest is calculated based on the average loan interest of Delong Bank. The parties with the obligation to pay money are as follows: Those who fail to perform their monetary payment obligations within the period specified in this judgment shall, in accordance with the provisions of Article 255 of the Civil Procedure Law of the Song Dynasty Yuan Lao Yuan, pay double the interest on the debt during the period of delayed performance. Four cents of the litigation fee shall be divided between the original and the defendant. Pay half the burden."
After the verdict, the defendant still showed an unconvinced expression on his face, while the plaintiff was satisfied. Someone in the crowd was whispering, and Zhang Jiayu vaguely heard: "This Australian is also very messy in judging lawsuits!"
According to Zhang Jiayu's understanding, shopkeeper Zhang was extremely benevolent and returned the rent. Even if he refused to rent again, it was not considered a breach of contract. On the other hand, Chen Sanli would not let go, and he was obviously a unruly person. According to his temper, he must first be given forty big boards to "correct the people's morals."
Most of the subsequent lawsuits were similar to this, mostly trivial matters. The largest one was just a sales dispute, with a total case value of less than a few yuan. Some of Liang Xinhu's sentences were good and reasonable to him, while others he didn't agree with. However, Zhang Jiayu still holds a relatively positive attitude towards the Australian judiciary. No matter how the judgment is made, regardless of whether it is reasonable or unreasonable, it must be in accordance with the law. Moreover, Liang Xinhu is obviously familiar with the law. When he quotes it, he can easily quote it and speak clearly. . Come to think of it, this is what is called "professional". In addition to admiration, there is also a secret disdain: Liang Xinhu is a veteran, but he is proficient in the ways of subordinate officials. He is really willing to fall...
Cases are being tried one after another. Some cases have simple reasons, but the verdict is given in just a few words, and relevant legal documents are issued on the spot. This efficiency is compared to the old yamen cases, which took ten and a half days to go back and forth, involving many people to "testify". Much more convenient. In addition to the cost of hiring someone to write a complaint and litigation fees, there is no need to spend all kinds of inexplicable "fees". It is indeed a good thing for the people.
Liang Xinhu interrogated for more than two hours in a row. When he felt tired, he asked Yuchi Ganggang to preside over the interrogation and went back to rest. But he did not rest completely, but always listened to the proceedings of the case on the loudspeaker. Make some notes in your notebook from time to time.
No matter how many laws and cases you talk about, you can't improve as fast as hearing a case in person. Among all the cadres under the Senate system, judicial cadres are the most difficult to train, and we cannot let them "intern" freely. The judiciary is not only a matter of human life, but also plays a leading role in social morality. The impact of a precedent on the entire social order is immeasurable. This is why Liang, Shen and others still have to "hold hands" so far.
Although Huang did not come for divorce, there were several similar cases involving the rights of women and children, but they were considered family disputes in the past. This is Liang Xinhu's key trial case, one of which is a property dispute case. The reason for the case was that the old man had no children and only had a few daughters. After the old man got old, several daughters and sons-in-law took turns to provide for him until he died. However, after the death, the nephew of the family took over the old man's property with the support of the elders of the clan. The daughters and sons-in-law came to sue to get the property back.
Naturally, they came to sue under "advice from an expert." Every time Liang Xinhu went to a trial place, he would come up with several "typical cases".
Such property dispute cases also occurred under the Ming Dynasty in the past. Generally speaking, officials often make decisions in a harmonious way: a portion of the property belongs to the daughter and son-in-law, and the majority belongs to nephews or other relatives in the clan. But this time, according to the Civil Code, the daughter inherits all the property as a direct relative, not to mention just a nephew of the family, even a biological nephew cannot inherit.
After the verdict, the whole audience was in an uproar. Even Zhang Jiayu was very surprised: in his opinion, it is only natural that the old man has no children, and his property should be inherited by his clan members after his death. The daughter and son-in-law have fulfilled their filial piety towards the old man on weekdays, so it is in line with the laws of nature and humanity to share some extravagant wealth as appropriate. What's more, these families are not poor and needy. Isn't this just trying to encourage people with foreign surnames to become extinct!
These days, he has vaguely felt that Australians are extremely hostile to the old clan system. Whether it is instigating women to divorce (attempted) or the judgment of this property dispute, they all declare to the people: the Senate does not recognize the clan's control over the person and property of the clan.
As long as you read a few books by various schools of thought, you will naturally understand where Australians' hostility towards clans comes from. No wonder the local gentry became enemies of the Senate. Zhang Jiayu's mood at the moment is very complicated. From a true point of view, he is here to be an "undercover agent", and the Australians' "reverse behavior" will only make their secret "career" go smoothly. As long as those big businessmen on both ends of the spectrum see what the Australians do, they will naturally understand who their enemies are. However, Australians spare no effort to protect the interests of the people, and it is not an exaggeration to say that they have a profound sense of "benevolence".
The circuit trial became a rage, and everyone in the country knew about it. Zhang Xiao wanted this effect. Early on the third day, before dawn, a specially formed search team was already ready to go.
"Jiayu, you are also setting off with the team." Before setting off, Zhang Xiao suddenly sent someone to give him an order.
Zhang Jiayu didn't know that there was such an arrangement. When he heard that he was asked to go with the team to conduct inspections, he couldn't help but panic. He knew very little about the layout of Chen Ziren and others, and had no idea what the layout was here in Jiujiang. The last time Zhang Xiao mentioned that the Zhu family was suspected of secretly manufacturing gunpowder, he had already suspected that this was a "gunpowder bureau" secretly arranged by Chen Ziren and others.
Although no illegal objects were found at the time, Chief Zhang had obviously suspected that he had fallen in love with the Zhu family. Originally, he wanted to alert Chen Ziren and others, but he was beside Zhang Xiao, and his every word and deed was under the eyes and ears of the thief. Not only could he not save anyone by taking rash actions, but he got himself involved first. What's more, I didn't find any obstructive objects.
Today the Australians suddenly wanted to conduct a search, but they found some clues somewhere. What if they found something that would be an obstacle and implicated a group of teachers and friends, wouldn't it be a big deal...
In a moment, more than a dozen thoughts had gone through his mind, but at this moment he could only force himself to calm down and kept saying yes.
When they arrived at the camp, they saw that the Ba Dao Team escorted by Zhang Xiao had already gathered. Zhang Jiayu followed Zhang Xiao for a long time and knew that this was the Ba Dao Team who usually served as peripheral guards for the elders. This time, they were suddenly gathered together. Something big must happen when you go out on a mission.
He saw that Mo Yu, the director of the Jiujiang Xu police station, was among them - could he be leading the team? However, looking again, the man commanding there was wearing an ordinary "cadre uniform" without any markings or badges on it, and it was impossible to tell what his background was.
However, both Mo Yu and Corporal Matsumuraemon of the Bato Team were respectful to this man, just like a subordinate to a superior.
Zhang Jiayu looked around and saw that this man was about thirty years old and had a very unfamiliar face. He was not Zhang Xiao's attaché or a local cadre. But he has a capable expression and bright eyes. Although he is not tall, his body movements are powerful, and he is obviously a skilled practitioner.
This person is probably the Australian "steamed bun" person. Zhang Jiayu has heard his name for a long time, and although he doesn't understand its meaning, he also knows that he is an Australian factory guard, specializing in detecting various rebels. Even if you are a "veteran", when you hear the word "steamed buns", you will often look worried.
The last time we went to Zhu's house to inspect, Mo Yu was the only one leading the team. This time, it was the factory guards who sent someone to supervise, and it seemed that they had got some important news.
I saw Zhang Xiao chatting with this man in a low voice. The man shook his head repeatedly, but Chief Zhang seemed to be insisting on something. After a while, the man finally nodded...
While he was pondering this pantomime, He Ning came over and brought him an Australian outfit.
"What are you doing with this? I can't get used to wearing it..."
Even if he had to sacrifice his reputation for being an undercover agent, Kun Fa Yi Fu would never do these two things.
"You idiot! This time you are going on a mission by land, not by boat! You are wearing this long shirt and cloth shoes, and soon the fields will be filled with mud! You can't even walk!"
(End of chapter)
