"My benefactor, you are finally back. Academician Wang has been waiting at home for a long time."
As soon as they got off the carriage, Feng Nancy came over and said to Zhang Fei.
"I see."
Zhang Fei was not surprised by Wang Anshi's arrival.
After entering the hall, Zhang Fei bowed his hands...!
"okay."
Wang Anshi waved his hand. He never cared about these red tapes, and asked: "How is the situation?"
Zhang Fei smiled and said: "Everything is going relatively smoothly so far. At least the people in the left hall said they want to discuss it. Obviously they also realize that this lawsuit is related to their interests."
Wang Anshi nodded and asked: "Why only sue the Kaifeng County Government and not sue Wei Yushan to the court?"
Zhang Fei explained: "This is to solve a legal issue."
"What legal issue?"
"D."
"Um?"
Wang Anshi looked at Zhang Fei doubtfully.
Zhang Fei said: "Judging from the current situation across the country, tax evasion like Wei Yushan's is very common. Not only the big landowners, but also ordinary people are evading taxes. If we face this problem directly in court, The other person said, everyone is like this now, and this will make us passive."
Wang Anshi said: "Isn't this what we expected?"
Why does he support Zhang Fei in this matter? He just wants these big landowners to pay taxes!
Simply suing Kaifeng County will not achieve this goal.
Zhang Fei said: "If it is determined by law, the court will have to pursue taxes from many, many people, and this will cause very serious conflicts, and it may even backfire on itself."
Wang Anshi said: "But in this case, this lawsuit is only against Wang Hong?"
He supports Zhang Fei out of self-interest considerations, and tax evasion should be the key to this.
"Absolutely not, that's secondary."
"Yeah?"
Wang Anshi expressed doubts.
Zhang Fei did not answer but asked: "I would like to ask University Scholar Wang, if this matter goes to court, how can the Kaifeng County Government be convicted?"
Wang Anshi pondered for a moment and seemed to understand something.
Zhang Fei further explained: “To prove that the Kaifeng County Government violated the law, we must first prove that the Kaifeng County Government’s judgment was unfair and a deliberate cover-up.
How to prove this is to first prove that Wei Yushan did commit illegal acts, including tax evasion. In this way, the problem of the law not being held accountable can be solved.
Because we package this kind of tax evasion as evidence, debate its authenticity, and turn it into an objective fact instead of directly pursuing its legal responsibility. But if we win, Wei Yushan will definitely break the law. "
Wang Anshi nodded slightly, "That's it."
Zhang Fei said: "The only way to solve the problem of the law not punishing the public is not the law, but the policy. This requires Wang Dajun's reform."
He just used a trick to go to the back of the restricted area of the law to avoid the problem of the law not punishing the public, because fighting this issue in court is bound to lose. The only way to close these loopholes is to rely on policies.
Wang Anshi frowned and said, "But I haven't formulated any regulations in this area yet. I'm afraid it will take some time, so I hope to use this lawsuit to deter those people."
Zhang Fei thought for a while and said: "If we talk about the separation of politics and law, we can recover some taxes and alleviate tax evasion."
Wang Anshi asked hurriedly: "How do you say this?"
Zhang Fei said: "If politics and law are separated, the administration will lose the right to judge. For example, many large landowners have their own tricks to evade taxes. In other words, they take advantage of legal loopholes. On the surface, it is not illegal. To recover taxes, it is If you need to produce evidence, then this is a judicial issue, and the administration does not have the power to decide the law, so you can sue individuals to recover taxes.
Although many people evade taxes, someone must first report them. The scope of the attack is very limited. This is also a way to avoid the law and not punishing the public. Although it cannot fundamentally solve the problem, it can also deter those who Big landowner. "
Wang Anshi glanced at Zhang Fei and said with a smile: "In this case, you will not be able to make a lot of money."
Zhang Fei smiled guiltily: "There are so many ear pens in Tokyo, so you don't have to look for me."
Wang Anshi said with a half-smile but not a smile: "You are really smart. After turning around in such a big circle, you will not only be able to take revenge on Wang Zhixian, but also benefit from it."
Of course, this is just Zhang Fei's suggestion. It is easy to say, but not easy to implement.
For example, this lawsuit, which has not yet been decided, is easy to talk about on paper, but not so easy to implement.
As far as the current system is concerned, except for the judicial departments such as the Criminal Court, Dali Temple, Yushitai, Jianyuan, and the Criminal Division, which are directly under the emperor and are not subject to administrative constraints, the rest of the judicial departments are all under the orders of the Supreme Court. Chief Executive.
The prefect is the highest judge in a state.
The county magistrate is the highest judge of a county.
This has been the case since ancient times.
This involves the following crimes.
This is a taboo in official circles.
If you're not careful, you'll get yourself killed.
And Lu Jiawen dared to play like this, that's because he was an eighth-grade official, which was already at the lowest level, and he couldn't be reduced to any lower level. If he was gone, he would be gone.
But Cen Yuanli and Yu Zaishen did not dare to be so casual.
It is not easy for them to achieve this position!
But power? Who doesn’t want it?
They immediately reported the matter to the provincial government and spread the word.
...
"The prefect still has foresight, but the board can't deter that kid."
Li Kai came into the hall and sighed.
Lu Gongzhu said in surprise: "Who are you referring to?"
Li Kaidao: "Who else could it be? It's Zhang San."
Lu Gongzhu immediately asked: "What did he do again?"
Li Kaidao: "Just now, a message came from the left hall. Zhang San was hired by the Siliyuan to sue the Kaifeng County Government on behalf of the Siliyuan."
"...?"
Lu Gongzhu didn't seem to understand. He was stunned for a moment and then asked: "Is the Sili Yuan suing the county government?"
"Yes."
Li Kai nodded.
Lu Gongzhu asked: "Can this be sued?"
Li Kai hesitated for a while and shook his head: "I don't know either."
Never encountered it!
This guy is really...
If you want to sue, just sue, and every time you make it so mysterious, are you arguing, or are you teaching us, the prefects, a lesson?
It’s just making things difficult!
There is no reason for this.
Mr. Lu took a deep breath and asked, "What crime is he accusing?"
"That's why it's a crime."
With that said, Li Kai handed the petition to Mr. Lu.
Mr. Lu frowned when he heard this, "He wants to take revenge on Wang Zhixian!"
Li Kai nodded: "I think so too."
This is a crime that is specifically targeted at judges.
This is also a very important legal thought, which also contains a complete judicial system.
There are four crimes in total, "the crime of entering another person", "the crime of entering another person", "the crime of entering another person" and "the crime of missing another person".
Therefore, the crime of penetration means that the judge deliberately convicts an innocent person, or sentences a person with a minor crime harshly.
Therefore, a guilty verdict refers to the judge deliberately acquitting a guilty person, or giving a light sentence.
Then Wang Hong directly rejected the conviction of the Siliyuan, and of course he could cite this article.
Criminal offense: Refers to a judge's mistake in convicting an innocent person or giving a heavy sentence to a misdemeanor.
Miscarriage of justice: Refers to a judge's mistake in acquitting a guilty person or giving a light sentence.
The key lies in reasons and mistakes, entry and exit, one is intentional, the other is a mistake, one is a crime, and the other is a crime.
Among them, the "criminal crime of missing persons" is almost never held accountable by judges, because it is in line with the judicial tradition of "it is better to kill innocent people than to kill them".
In other words, it is better to violate existing laws than to unjustly accuse innocent people.
Human life is at stake, and death cannot be restored. If in a death penalty case, the judge has the possibility of miscarriage of justice, it at least means that there is doubt in the middle. In this case, it is understandable not to impose a death penalty.
The "crime of falling into the wrong person" is to mistakenly convict a person or give a heavy sentence. If it involves the death penalty and there are two prisoners, the minimum punishment is dismissal and investigation.
But if it involves the "crime of deviating for the sake of reason", it will be a heavy sentence.
Because this is intentional!
The Song Dynasty was very strict with justice.
For example, "it is a crime to commit a crime".
There are special regulations in the Song Xingtong that explain: If a person is convicted of a personal crime in a lawsuit, if he is convicted of a full crime, he will be treated as a full crime.
The meaning is simple and clear. If the judge deliberately sentences an innocent person to death, then the judge will directly sentence him to death.
If a misdemeanor is sentenced to a heavy sentence, it is a subtraction. Originally, he was sentenced to 100 miles of exile, but if he deliberately sentenced him to 500 miles, the judge would sentence him to 400 miles of exile.
"The crime of committing a crime" is also a heavy penalty, but there is a key point about this crime. It is impossible for a judge to deliberately acquit a person who has committed a serious crime. He must have received benefits. This involves bending the law for personal gain, corruption and accepting bribes. .
But no matter what, the penalty is also very severe.
Therefore, when Lu Gongzhu heard this, Zhang Fei realized that the accusation was "for a crime of causing harm to others", that is, he wanted to kill Wang Hong. Once he succeeded, he would be dismissed from his post and investigated at the least.
"Jiawen?"
Mr. Lu looked at the petition and was immediately dumbfounded, "How did the two of them get together?"
Li Kai asked in a low voice: "Don't the prefect know about it?"
When he saw Lu Jia asking, he was wondering in his mind whether Mr. Lu was the mastermind behind the scenes.
Lu Gongzhu immediately said: "Of course I don't know about it. No, I have to go find that brat first and ask him."
He was born in the Lu family from the east. The Lu family was at least one of the top three noble families in the Song Dynasty.
It is said in history that "the Lu family was more in charge of the country's affairs, with three generations and four people. The family was so prosperous that it was not possible."
Their ancestors were already at the level of Dukes during the Later Tang Dynasty.
Lu Gongzhu's father, Lu Yijian, was a famous prime minister of his generation and one of the "Twenty-Four Meritorious Officials of Zhaoxun Pavilion".
The eldest brother Lu Gongchuo was also a powerful official in Kaifeng Mansion, a bachelor of Longtuge, and a direct bachelor of the Privy Council.
The second brother, Lu Gongbi, became the privy envoy and prime minister in the Renzong Dynasty.
Lu Gongzhuo himself will probably reach the level of prime minister. Anyone who has served as a powerful official in Kaifeng Mansion is usually a candidate for prime minister.
This Lu Jiawen was the grandson of his eldest brother Lu Gongchuo.
One can imagine how terrifying it would be for the Lu family to have a family meeting.
A room full of ministers, judges, and prime ministers.
Fortunately, Lu Gongbi and the others are not in the capital for the time being, so only Lu Gongbi is left among the grandparents.
When he got home, Lu Gongzhu called Lu Jiawen over.
Lu Jiawen, who was only in his early twenties, was kneeling in the hall, but there was no fear on his face. He straightened his back and looked directly at Mr. Lu who was sitting in the seat.
"Why are you doing this?" Lu Gongzhu asked angrily.
Lu Jiawen replied aggrievedly: "Does grandpa also think that his grandson made the wrong cut?"
Lu Gongzhu hummed: "Don't confuse things in front of me. If you feel it's unfair, you can appeal to the court or the Kaifeng Mansion. Why did you team up with Zhang San and sue the Kaifeng County Government in the name of the Si Li Yuan?"
Lu Jiawen said with an excited expression: "That's because when his grandson was arguing with Wang Zhixian, he once humiliated his grandson and said that if his grandson hadn't relied on his family background, he wouldn't even be able to serve as a judicial officer in the army, so as to deny his grandson's verdict. If he appeals , even if they succeeded, they thought it was the grandfather and uncles taking care of the grandson, so the grandson decided to appeal on his own."
Lu Gongzhu's expression softened slightly and said, "Why did you find Zhang San again?"
Lu Jia asked: "Only Zhang San dares to take on this lawsuit."
Lu Gongzhu asked again: "Then why did you sue the county government in the name of the Si Li Yuan?"
Lu Jia asked: "This was Zhang San's idea. He said that suing this way would be more likely to succeed because the Judicial Bachelor is implementing administrative law reforms."
Lu Gongzhu said angrily: "It seems that your boy is not stupid, but stupid. He has already told you the truth, and you still agreed to him. Do you know that if he accuses you like this, it will provoke a fight between the government and the government?" .”
Lu Jia asked: "My grandson agreed to him, not because he is stupid, but because he also agrees with the separation of politics and law. Just ask Wang Zhixian, why did he punish Erbi from Bianjing Law Firm a few days ago? No It was because he was worried that these ear pens would affect his ability to collect taxes, which was related to his political performance, but from a judicial perspective, his sentence was obviously unfair.
Grandpa often warns his grandson that officials must be fair and strict. Although Zhang San has his own plans, he, like his grandson, will not encounter injustice. What is wrong with his grandson working with him to seek justice? "
Lu Gongzhu obviously did not expect that Wang Anshi was the mastermind behind this, because it would be beneficial to Sima Guang, and said: "Do you think you can sue? The Siliyuan sued the county government. How ridiculous this is."
Lu Jia asked: "At least Zuoting has not dismissed the grandson's lawsuit."
Mr. Lu frowned slightly, suddenly realizing this problem. The left office did not reject such an outrageous thing, but reported it to him. He reacted immediately and couldn't help but secretly cursed, where did that brat come from? How old is he? , you know how to manipulate power.
He looked at Lu Jia again and asked, "If grandpa asks you to withdraw the lawsuit, will you agree? And grandpa promises you that you will seek justice."
He agrees with Lu Jiawen's argumentation, but does not agree with his method of appeal.
Lu Jia asked: "If what grandpa says makes sense, my grandson will naturally listen to grandpa."
Lu Gongzhu's eyes widened: "You have only known Zhang San for a few days, but you have learned a lot from his words."
Lu Jiawen said excitedly: "My grandson has never felt that his eloquence is inferior to Zhang San's, but he just doesn't have the chance to show off."
