As far as lawsuits are concerned, the battlefield in criminal cases is definitely in the courtroom, such as Ayun's lawsuit and Lin Fei's lawsuit.
The judgment must be made in court.
However, in civil litigation, the court is only a secondary battlefield, and private negotiations are the main battlefield.
For example, the lawsuits between Li Si and Chen Yuteng were settled privately. In court, it was just a matter of bargaining. Whoever had the advantage would be more proactive in private negotiations.
This lawsuit is special because tax evasion is definitely a criminal case. Zhang Fei also represents the court, but he just said that he does not have the status of a prosecutor.
However, the Song Dynasty had its own national conditions.
If the common people evade taxes, it is certainly a criminal matter, but if the other party is the landlord class or the scholar-bureaucrat class, it can also be a civil matter.
This was also a point of contention between the DPRK and China. If the court had evidence, would it still need to file a lawsuit?
Just arrest them!
The problem is that Wang Anshi was forced to do this because he couldn't arrest people. The purpose was to force them to pay taxes, not to kill them.
Based on this, the case should be classified as civil.
Since it is a civil matter, private negotiations are the main battlefield.
In the evening of that day, five people in total, Li Guozhong, Fei Ming, Li Lei, Huang Zhi, a representative of the landlord class, and Wang Zhu, a representative of the scholar-bureaucrat class, came to the Bianjing Law Firm to negotiate with Zhang Fei.
And Zhang Fei is still a husband and wife team with Xu Zhiqian, plus the scapegoat, oh, Fan Li, commonly known as the legal representative, and Qiu Zhengwen, the tea and water boy.
Zhang Fei put down his tea cup, glanced at the faces of the five people opposite him, and said firmly: "I'm so sorry! You have lost the opportunity to negotiate."
Li Guozhong smiled and said: "The sage said, the use of etiquette is to be harmonious. You still have to keep a thin line in life. After all, we can't see each other when we look up."
Zhang Fei joked: "Li Xingshou stopped reading "Xing Tong" and read "The Analects of Confucius". This really caught me off guard. But now, even if the saint comes, it may not be useful! We were all here just now Consider whether we should continue to prosecute you for using counterfeit tax bills."
Huang Zhi and Wang Zhu were trembling with fear. If this responsibility was held, the question would be how they died.
Li Guozhong laughed and said: "Then let's not talk about the Analects of Confucius, but talk about the Xingtong. Since ancient times, there has been a law that does not blame everyone..."
Xu Zhiqian hummed, "Not many people dare to use fake tax bills."
Li Guozhong was stunned, glanced at Xu Zhiqian next to him, and said with a smile: "Ms. Xu is right, but there are quite a few people who evade taxes.
But if it is not handled properly, in the future the tenant farmers will come to you for lawsuits, or many people will report tax evasion and tax evasion, and it will be endless. I am afraid it will disturb your office and put the court in a dilemma. "
Fei Ming said: "If the claim for five hundred thousand guan is successful, it will be enough to make people all over the world come to you to sue. Not to mention whether Sanlang can win, even if Sanlang is justified, will the government make this decision?"
This statement makes sense. Almost everyone in the world is being exploited. This complaint costs 500,000 yuan. If anyone does not file a complaint, the landlords and the people will be completely on opposite sides.
Will they really be able to speak the law then?
The court will not let this happen. ….
Fan Li nodded slightly and whispered to Zhang Fei: "Sanlang, I think what they said makes sense."
Zhang Fei glared at him, thought for a while, and then asked Li Guozhong: "How do you want to end this lawsuit?"
Huang Zhi and Wang Zhu, two class representatives, had a flash of joy in their eyes.
Li Guozhong said: "They will make up for all the taxes except Du Yuan."
"...?"
"...?"
Time seemed to stand still for a moment….
Zhang Fei blinked, "That's it?"
Li Guozhong said: "Isn't this the purpose of the court's lawsuit?"
Fei Ming added, "Of course, Du Yuanwai and the others will also repay Saburo with generous gifts."
When Xu Zhiqian heard this
, couldn't help but exclaimed: "Do you want to get a higher penalty, or do you want to drag us into the water together?"
After marrying such a wife, you are basically cut off from quick money in this life. Zhang Fei also gave two reproachful looks, as if to say, can these things be brought to the table? Anyone who wants to give a gift will give it directly without saying anything first. Understand?
Li Guozhong hurriedly explained: "It's just a small courtesy, not enough to be a crime."
"That's okay then."
Zhang Fei said: "If you said this before the lawsuit, I might be happy to accept it, but now, it is impossible for me to accept these conditions."
Li Guozhong said: "But if the fight continues like this, it may not be a good thing for Sanlang."
Zhang Fei said: "Who can say for sure what will happen in the future? Now we are sure of victory and have the initiative in the future. At least the store also has the power to refuse to litigate for anyone."
Those common people may come to me, but I don’t have to answer them!
Li Guozhong frowned and asked, "I wonder what Sanlang wants?"
Zhang Fei pondered for a while, "First of all, you must change the contracts with all the tenant farmers. From now on, the owner will bear all taxes."
This "first" gave Huang Zhi and Wang Zhu a headache.
But this condition is not unacceptable. At worst, we will replace some tenant farmers, and this road will lead to Bianliang.
Li Lei immediately said: "Most of the tenants are voluntary, and the owner has not deceived anyone."
Zhang Fei smiled and said: "I am not representing the tenant farmers, but the imperial court. My employer does not want this kind of thing to happen again. Only in this way can it be completely prevented."
Li Guozhong said: "If the court does not want this kind of incident to happen again, it should legislate for this instead of just relying on a lawsuit."
Zhang Fei said: "The imperial court has its own ideas. I don't know about this either. Maybe..."
He shrugged slightly and added: "But if you don't agree to this condition, then there is nothing to talk about. After all, this is the purpose of the court."
Li Guozhong glanced at Wang Zhu and Huang Zhi, and after seeing the latter nodding, he said: "We can agree to your condition."
"Secondly."
"Isn't this enough?" Li Guozhong looked at Zhang Fei in disbelief.
Zhang Fei said: "If Li Xingshou had carefully considered the crime committed by Du Shaojing, he would not think so."
Li Guozhong remained silent.
Zhang Fei added: "Exempt those illegal loan sharks."
Fei Ming said excitedly: "Those high interest rates can be seen everywhere, and they are all things you and I wish to do. You can waive it today, and you can borrow it again tomorrow. We are just acquaintances, and we are not running a charity. Are you like this?"... .
Zhang Fei chuckled and said, "Uncle Fei's words make sense. I am an ear pen, not a charity founder. But you can't blame me. If you want to blame, blame yourselves. You are too greedy.
Now I have raised this issue in court, and have also invited Du Shaojing's tenants to testify. If I don't give an explanation, I don't know if Kaifeng Mansion will agree, but I can't give the court an explanation, and I can't give any explanation. According to public opinion, even I may face prosecution. "
Li Guozhong said: "But it is difficult for you to identify what is a legal loan and what is illegal."
Zhang Fei said: "I can give you a very loose standard. Based on the current situation of your tenant farmer, if he is unable to repay his debt within ten years despite working hard, and the more he pays back, it will be considered illegal. , must be exempted and the tenancy contract must be re-signed.”
Xu Zhiqian said coldly: "I believe you have nothing to say about this condition."
Huang Zhi and Wang Zhu were both silent.
This sounds very lenient indeed. If you work hard and pay back more and more money, it means that you will never be able to pay it back. This obviously does not comply with the legal provisions on lending.
But in this case, most tenant slaves would be exempted.
Li Guozhong said: "I also have a requirement, that is, they must have repaid ten times the interest on the principal in order to be considered exempt."
Xu Zhiqian immediately retorted: "
This is not legal. "
Li Guozhong said: "When they borrowed money, they already knew that it was illegal. Why did they still borrow money, and why didn't your employer come out with money to relieve them. If it can be easily exempted, then the loan sharks will only become more many."
This sentence shocked Xu Zhiqian to the point where she didn't know how to refute.
After Zhang Fei thought for a long time, he said: "Okay, I promise you. But you can't accumulate it any more. Let this be the amount."
Li Guozhong said: "But a time limit must also be set, and it cannot be delayed forever."
Zhang Fei nodded and said, "We will give you a time limit based on the current situation of those tenant slaves."
Li Guozhong said: "Then it's settled."
"not yet!"
Zhang Fei smiled and said: "If I remember correctly, the second one is the last one."
Li Guozhong said angrily: "Isn't this enough?"
"Of course not enough."
Zhang Fei frowned and said, "The two conditions before are not your atonement, let alone your gifts, but what you should have done and your obligations.
You use your illegal behavior as a condition for negotiation with us, which is already too much. If you still complain, then there is nothing to talk about. "
That posture is going to turn the table over.
Wang Assistant's heart skipped a beat and he quickly asked, "Then what other conditions do you have?"
Zhang Fei said: "It may be difficult for you to accept the compensation of 500,000 guan by Du Shaojing alone. In this way, one hundred and eight of you can collect 1 million guan as fine and compensation."
When Wang Zhu and Huang Zhi heard this, they almost fell off their chairs.
Even Fan Li and Qiu Zhengwen trembled.
This number sounds scary!
Only Xu Zhiqian looked angry and felt that she was too kind.
Li Guozhong immediately said: "We will never accept this."…
Zhang Fei said: "If you divide it evenly, it's less than 10,000 yuan per person. Your employer can definitely afford it."
"But everything must be based on evidence."
Li Lei said in an excited tone: "The reasons you mentioned in court are not ironclad evidence. If we argue based on claims alone, we will not lose. In addition, almost no one has made such claims in the past, and you Representing the imperial court, does that mean that the imperial court is different from others and can do whatever it wants?"
Zhang Fei frowned and seemed a little hesitant.
Li Guozhong immediately said: "One hundred thousand dollars, this is the only thing we can accept."
Wang Zhu and Huang Zhi couldn't help but secretly rejoice. One hundred thousand guan was shared equally among more than 100 people, but it was less than 1,000 guan. It was worth it.
"impossible!"
Zhang Fei said: "It can never be lower than what I said in the hall, five hundred thousand guan."
Li Guozhong said resolutely: "You are an ear pen, you have to tell the truth. This kind of claim is not legal."
Zhang Fei said: "If we litigate this claim alone, it will definitely not be less than 500,000 yuan. For the money that the tenant farmers owe you, you have to ask for ten times the principal. Use this standard as the judge and calculate what you owe." Let’s see if the tax amount is that much.”
Li Guozhong glanced at Li Lei and Fei Ming, both of whom lowered their eyebrows and remained silent.
Li Guozhong looked at Huang Zhi and Wang Zhu again.
The two communicated with their eyes, and after calculation, each of them only had five thousand guan. Although this was a lot, they could buy a decent house in Bianliang City, but compared to Du Shaojing's five thousand guan alone. A claim of 100,000 yuan is much less.
It can only be regarded as cutting off a piece of meat.
There is no way. Although the other party has irrefutable evidence, if this matter does not involve too many people, they will not even be qualified to negotiate.
It can only be regarded as spending money to eliminate disasters.
The two nodded to Li Guozhong.
Li Guozhong said: "This is the last condition."
Zhang Fei nodded and said, "Of course."
Li Guozhong said: "But we also have a condition, that is, we must ensure that the Kaifeng Mansion will not settle old accounts again and write off this matter."
Wang Zhu and Huang Zhi nodded in unison. They were very prepared and took risks. They almost forgot about this matter. Fortunately, they hired professionals.
This case is torn between criminal and civil affairs, and the Kaifeng government has full power to veto their reconciliation.
Because Kaifeng Prefecture itself has the power to pursue tax evasion and tax evasion.
Zhang Fei said: "I can't guarantee whether Kaifeng Palace will agree. We can sign a letter of intent for reconciliation first. If Kaifeng Palace doesn't agree, then... let's see."
96.
Nancy Beiqing
