Bang bang bang!
"good!"
"Well judged!"
The people watching the trial sent Naluo Dawu down to the court with applause and cheers.
Not even the gangster appeared. It seems that throughout the ages, this kind of old scoundrel has been hated very much.
Luo Dawu was already very depressed. Hearing the cheers, he couldn't help but cursed: "What a stupid thing you are doing, I don't owe you any money."
"You're still cursing. You won't be able to escape from now on. We'll all be watching you."
"Yes, we will all keep an eye on you."
Luo Dawu trembled with fright, immediately dared not speak, buried his head and left quickly.
However, the layman sees the excitement, while the expert sees the door.
Taking advantage of this gap, the officials were also whispering.
A trainee prosecutor asked Su Che in a low voice: "Chief Prosecutor, it seems that the "Song Xingtong" does not have such punishment regulations?"
Another asked: "Is this president of the court mistaken? According to the provisions of the Miscellaneous Laws of the Song Xingtong, those who use property to raise money, whether public or private, will be appointed according to private contracts, and officials will ignore it. Those who have exhausted their family resources will be punished. Remuneration and service are taken from indoor male persons.
But sacrificing one's life for this battle is not the same thing as selling one's labor. "
Su Zhe said: "President Zhang has the power to change the penalties in some regulations, and it is unlikely that he made a mistake, because he is also accompanied by Director Xu and four assistant judges."
Having said this, he turned back and said to the six interns: "But his power will be supervised by our procuratorate, so you should also think carefully about what is the difference between the two and which punishment is more important." good?"
The prosecutors looked at each other, seemingly not having much idea at the moment.
Most people who studied law in ancient times still memorized it by rote. That's why Xu Zun became a weirdo in the legal world. He was very flexible and good at thinking in this regard.
“Labor enforcement?”
Lu Shen nodded thoughtfully and said, "This court president really deserves his reputation!"
Zheng Xie beside him said: "Brother Jiefu, why do you say that?"
A friend on the side also asked: "What is the difference between this and the sacrifice of one's life in service?"
Lu Shen said with a serious face: "This labor service is actually a disguised form of selling debtors into slavery, but they are usually exploited as a result, and the repayment is far more than the debt owed. Even many creditors They took the opportunity to seize his wife and daughter, but there were also some rogues like Luo Dawu who turned against their clients and made their creditors miserable. Therefore, in recent years, fair and honest officials generally would not sentence them like this.
In comparison, selling labor is obviously a better choice. The two parties still have a contractual relationship. The person who pays and the person who supervises is not the same person. This also avoids the disadvantages of sacrificing one's life for one's reward. "
He has been working as a county magistrate in other places all year round, and he is very clear about this. The sentence will cost the life of the people, and the consequences for the people will be even more painful. Just put it down and say what you mean, and then you can solve it yourself. Many people will die, and there will be many people who will die. Space for landlords to compete.
This is also an important basis for Sima Guang and others to oppose the Green Crop Law. There is room for competition between the common people and the rich households. However, when the government ends, both the common people and the rich households will become fish.
Zheng Xie stroked his beard and nodded: "That makes sense."
Zhuo Qun said: "If you want to say which one is better between the two, then naturally the labor force is better. But this will also bring more trouble to the imperial court, and supervision is required. There is also the auction, where the labor is sacrificed, which is better. It is simple, and the follow-up does not have much to do with the government. It is still limited to transactions between common people, which is more in line with the people's private contract and the officials' ignorance."
After all, the service is limited to the creditor and the debtor. The government only makes a judgment, but the government needs to participate in the labor sale.
Cai Yanqing smiled and said: "This is why we need to separate politics and law. In the past, government affairs were too complicated to take care of. Now the imperial court specializes in judiciary. They, the public prosecutor and the judiciary, are capable of doing this."
Zhuo Qun nodded as he heard this, "This is indeed a major advantage of the separation of politics and law."
In fact, the laws of the Song Dynasty were very good. Since one could not be forced to sell his wife and children, he could not be forced to sell his land or cattle.
But the problem remains, poor effectiveness.
To put it bluntly, it’s execution.
After a short rest, the second lawsuit soon began to be heard. In civil lawsuits like this, the imperial court also pursues a little bit of efficiency. If too much energy is spent on this kind of dispute case, it will encounter a major case. It's simply too busy.
The same is true for debt disputes.
It was a landlord named Wei Fangcheng who sued a farmer named Chen Liugen.
This is a typical loan sharking lawsuit.
As a result, the people watching outside immediately became clear-cut. Ordinary people certainly hope that farmers can be sentenced lightly, because they are also likely to borrow usury.
Liu Changqing and other landlords and gentry were relatively uneasy. Of course they hoped for a heavy sentence, but they no longer trusted Zhang Fei.
As for the officials, they are looking forward to it.
In fact, cases like this are too common, and it is precisely because of this that class conflicts are deepening day by day. This is actually one of the reasons for the emergence of the Youth Law.
In other words, the problem will only become more serious if the government does not handle it well. If the judiciary can control it well, there is no reason for Wang Anshi to introduce the Youth Law.
It can be seen from this that the Xining party struggle was the basic face of Song Dynasty society.
Various problems can be seen from Wang Anshi's new laws and regulations, and various problems can also be seen from Sima Guang's refutation of the theory.
Such problems are not necessarily contradictory; they may exist at the same time. Solving one part of the problem may amplify another part of the problem.
After Zhang Fei carefully reviewed the pleadings again, he raised his head and shouted: "Wei Fangcheng."
"exist."
But seeing the middle-aged fat man standing alone with a big belly, he responded.
Zhang Fei said: "Based on the pleadings and IOUs you submitted before, if the interest on your IOUs is calculated according to the interest method stipulated by our imperial court, we estimate that it will definitely be more than double, but you also stated in the pleadings, The interest can be reduced by half, so are you still willing to keep it now?”
Wei Fangcheng nodded repeatedly after hearing this: "Keep it! I am willing to keep it! This IOU was established before the Imperial Court legislated on interest, but the common people also respect the Imperial Court very much, so the common people are willing to take the initiative to reduce the interest to the Imperial Court. Within the regulations.”
Licking the dog!
What a licking dog!
Some landowners are very unhappy about this!
Aren't you surrendering on your own initiative?
He is simply the scum of the landlord world!
The officials are also very unhappy. You are bullying the weak and afraid of the strong!
Don’t we want to lose face?
Don't fall into our hands in the future.
Zhang Fei smiled and nodded: "Thank you very much for your support. In fact, our imperial court will not investigate whether the previous contract is compliant, but interest must not be calculated like this."
As soon as these words came out, many people couldn't help but look happy.
This fully shows that the decrees of the imperial court must be strictly implemented.
In the past, the government also had many restrictions, but they were of no use. Many officials almost ignored the matter and let the people solve it on their own. This does not mean that there was no establishment.
Zhang Fei turned his head and looked at the man on the right who was in his twenties or nineteen, with his head lowered and worried, "Chen Liugen."
"Xiao Xiaomin is here."
Chen Liugen's whole body shook violently.
Zhang Fei smiled and said: "Don't be afraid, our imperial court does not play tricks."
Chen Liugen nodded dullly.
The officials glanced at Zhang Fei unhappily, "Who are you implying?"
Zhang Fei asked: "According to the IOU, there is a guarantor named Wu Ji in the middle. Why didn't he come today?"
Chen Liugen said hurriedly: "I didn't let him come here. It doesn't care about Brother Wu. At that time, Brother Wu also wanted to help me. Now he still has a lot of work to do at home. I. I don't want to trouble Brother Wu anymore. I I will bear all this.”
This debtor still has a natural fear of the government. It is definitely not a good thing to go to the government.
This imperial court will not be able to change for a while.
Zhang Fei smiled and said: "This imperial court summons cannot be decided by you. Those who receive the summons should try their best to attend unless there are special circumstances. But forget it this time. If necessary, we will send another summons. "
"Thank you, President. Thank you, President." Chen Liugen thanked him repeatedly.
Zhang Fei nodded with a smile and asked: "According to the IOU, you borrowed a total of three sums of money from Wei Fangcheng for fifteen thousand dollars. What the president of the court is curious about is, why did you borrow such money?"
Chen Liugen said: "It's to treat children."
"Really?" Zhang Fei asked with concern, "I wonder if your son's illness can be cured?"
"Okay! It's okay!" Chen Liugen nodded flattered.
"That's good!"
Zhang Fei breathed a sigh of relief. Don't borrow the money. The disease has not been cured. That is really a tragedy, but there are many such tragedies. He asked again: "Have you ever thought about paying back the money?"
"have."
Chen Liugen nodded and said: "Actually, Xiaomin has been paying back. In addition to the food and drink for the family, Xiaomin used all the rest to repay the money. However, the more money he paid back, the more he paid. Xiaomin is really... really. I can’t afford to pay it back.”
"Yeah?"
Zhang Fei said: "Then how much did you pay back?"
Chen Liugen scratched his head and said, "I can't count the specific details of the small people. The small people planted some vegetables, raised hens, and earned some money from doing odd jobs. They were all sent to the Wei family immediately."
Zhang Fei looked at Wei Fangcheng, "Is what he said true?"
Wei Fangcheng hurriedly said: "President, these three IOUs of mine are all due in three months. Now they have expired long ago, but he has been delaying in paying them back. The money can only be regarded as the interest of the delay. If it were not When the common people see how pitiful their family is, the common people will not want those things.”
Xu Zhiqian whispered: "I asked Li Si to inquire about this matter. Chen Liugen really couldn't afford the repayment, so he had some spare money and sent it to Wei Fangcheng. If he could defer for a few days, he would be able to calculate the interest. It’s really hard to identify, the key is they didn’t establish any written evidence.”
"I see."
Zhang Fei nodded and asked Wei Fangcheng: "Then why are you suing Chen Liugen to the imperial court this time? Is your family in urgent need of money?"
Wei Fangcheng said: "That's not true. It was just that we agreed at the beginning that the Chen family and the Wu family would use their land as collateral to borrow money. Now that they can't come up with the money to pay back, I didn't force them to hand over the land deed to me immediately. I just said, Before they pay back the money, treat them as my tenant farmers. The grain in this field costs 64%. I get 60% and they get 40%, but they are still unwilling. They come to my door every day and mess with me. I have no choice but to come to the imperial court and file a complaint."
Cai Jing muttered: "This person is really shrewd."
Ye Zuqia asked: "Where did Cai Da say this?"
Cai Jingdao: "Now the tax is collected according to the land deed, and the court has stipulated that tenant farmers are not responsible for land tax. If according to his statement, the land belongs to him, but the tax does not need to be paid, and Chen Liugen will never pay it back."
"So that's it." Ye Zuqia sighed: "How can these yeoman farmers be the opponents of these cunning wealthy households?"
The officials all looked at Zhang Fei. They didn't need to think about this problem. They encountered too many problems, but often didn't have many solutions.
Zhang Fei just nodded and looked at Chen Liugen, "Is what Wei Fangcheng said true?"
Chen Liugen begged: "President, if I give him 60% of the food, then my family will not be able to survive next year at all. And I am not saying that I won't give it. I want to give him a stone of food first." , let him be accommodating."
Wei Fangcheng snorted: "You owe me more than twenty guan now. One stone is worth several hundred cash. How long do you want to pay it back?"
Zhang Fei asked Chen Liugen again: "Chen Liugen, how much land does your family have?"
When Chen Liugen heard this, he immediately started crying, "President, please spare my life! My family only has ten acres of farmland left, and now the whole family of five, young and old, all live on ten acres of farmland."
"Don't cry yet."
Zhang Fei said: "I have to ask these questions clearly before I can make a judgment. You said your family only has ten acres of land, but you have to feed five people?"
Chen Liugen sobbed a few times, "Xiaomin. Xiaomin also rented 20 acres of land from wealthy families in the village for farming."
Zhang Fei continued to ask: "What about your wife?"
Chen Liugen said: "Xiaomin's wife still has to take care of her two children and her elderly mother at home. She can only sew and mend and do some odd jobs to earn a little money."
Zhang Fei asked again: "How old are your two children?"
Chen Liugen said: "My daughter is already ten years old, and my son is only five years old."
"Where's mother?"
"My mother is forty-six."
"Forty-six?"
Zhang Fei thought for a moment and realized that these forty-six were almost all grandmother-level figures in the Song Dynasty. Of course they were considered seniors, and continued to ask: "Then your wife has to take care of children and the elderly, so how can she have time to do odd jobs. "
Chen Liugen said: "My daughter is quite sensible and can help take care of her younger brother. If my mother is in good health, she will also help with the cooking. Xiaomin's wife will do some heavy work."
Zhang Fei nodded and asked, "How is your wife's needlework?"
"Xiaomin's wife is quite handy."
After Chen Liugen answered, he looked at Zhang Fei in confusion.
Next to Wei Fangcheng, the monk Erzhang was confused as to whether he was trying a case or chatting about everyday things!
The evidence is irrefutable, can't you just judge it directly?
Give me the land and force him to work hard to sell it, that's almost it.
"Um."
Zhang Fei nodded, thought for a while, then looked at Wei Fangcheng and said: "Wei Fangcheng, how do you want Chen Liugen to repay your debt."
Wei Fangcheng said: "I know that his family is in trouble, and I don't want to force him to mortgage the land deed to me. Anyway, before he pays it off, I will treat the land as if he rented it from my family, and I am also willing to give President Zhang a face." , the annual harvest can be fifty-fifty."
Zhang Fei smiled and nodded: "Thank you very much for being able to give this president a small favor, but do you think their family can survive by repaying it like this?"
Wei Fangcheng hesitated for a moment, "President Zhang, I had good intentions in the beginning, so I lent him money to treat his son's illness. You can't. You can't let me not give up the money."
"of course not."
Zhang Fei said: "It is a matter of course to pay back debts. Therefore, our imperial court must first protect your rights and interests and try our best to ensure that you can get legal interest and principal."
"Thank you, President. Thank you, President." Wei Fangcheng nodded excitedly.
Zhang Fei glanced at the paper again and said, "Your current lawsuit is for a total of twenty-five thousand dollars including principal and interest."
Wei Fangcheng nodded: "Yes."
Zhang Fei said: "Okay! Based on this amount, without adding any interest, Chen Liugen must pay off all debts within one and a half years, which is twenty-five guan."
In fact, the interest rate is still high. If Wei Fangcheng does not take the initiative to reduce the interest rate by half, Zhang Fei will definitely not give so much, but there is no way. This IOU was established before the imperial court arrived, and it contains various conversions. New laws govern old matters, but certain accommodations must be made.
Interest cannot be completely restricted.
Wei Fangcheng took the initiative to take a step back, and the imperial court also had to take a step back.
But after he said this, Wei Fangcheng was dumbfounded.
The key point is that Chen Liugen is also worried. How can he pay it off in this year and a half?
Unless their family eats one meal every two days.
Wei Fangcheng said sarcastically: "President, this one and a half years is a bit too long. The contract at that time was for mortgaged land, and now it has expired. Shouldn't the land be awarded to the common people?"
"You are right, and it should be so."
Zhang Fei nodded, but then said: "If you can prove that Chen Liugen mortgaged these lands to you and can maintain their family's basic living security, then I will definitely award these lands to you."
Wei Fangcheng remained silent, but was obviously dissatisfied.
It's none of my business.
Zhang Fei seemed to see what he was thinking and said: "As I just said, in debt disputes, our imperial court must first ensure the legitimate rights and interests of your creditors. If the Chen Liugen family has extra money and does not pay it back to you, , our imperial court naturally enforces it.
But we must also ensure the basic living security of the debtors, because this involves the interests of the country and the monarch. If their family loses their livelihood, they may starve to death on the roadside, or they may commit illegal acts, which will all destroy The stability of the place and the defense of the interests of the country and the monarch are also the highest principles of our imperial court's judgment. Similarly, it is also not allowed by law. "
This sounds scary, how dare Wei Fangcheng speak.
Zhang Fei continued: "I know you may be dissatisfied, after all, it lasts for one and a half years, and there is no interest in the middle, but first of all, you are not in urgent need of money, and this will not affect your life.
But if they were asked to pay off today, their whole family might starve to death.
So, this is actually a no-win solution, maybe it's not perfect, but there is no choice. "
Wei Fangcheng plucked up the courage and said, "But that's not how the president decided the previous lawsuit."
This question exactly raises the confusion in many people’s minds.
Zhang Fei smiled and said: "You asked very well. These two lawsuits are disputes over money and debts, but the judgment standards of this court president are somewhat different. This is because Luo Dawu had no idea of repaying the money before. During this period, He didn't pay back a penny, and it wasn't like he didn't make any money, he just used it to gamble.
Chen Liugen is trying to repay the money. He borrowed the money out of helplessness, and the repayment is also out of helplessness. Our different judgments are also based on this point. For our imperial court, integrity is very important. However, the president of this court also gave Luo Dawu a chance before.
In comparison, Chen Liugen deserves this opportunity even more. "
Wei Fangcheng secretly glanced at Chen Liugen and saw that he was in a panic, so he had an idea, yes! He still hasn’t made it in a year and a half! Then he said: "Since the president of the court has said so, I will obey it, but what if he fails to pay it back?"
Zhang Fei said: "Our imperial court will ensure that all remaining money, except for their family's living security, will be used to repay the debt. If it is still repaid, it can only be postponed."
Wei Fangcheng was completely speechless.
Zhang Fei changed the subject and said: "But since it is the president of this court who has set this date, we can ensure that he will return it."
Chen Liugen suddenly said: "President Zhang, Xiaomin...!"
Before he could finish speaking, Zhang Fei pointed at Ma Xiaoyi next to him and said with a smile, "Hurry up and say hello to Chief Ma."
Chen Liugen was stunned for a moment, then saluted: "Hello, Sergeant Ma."
Zhang Fei said: "It just so happens that the police station has a batch of uniforms to make. You can ask Chief Ma to make some uniforms for your wife. You should be able to repay the money by then."
Chen Liugen was immediately overjoyed, "Chief Ma!"
As soon as he opened his mouth, Ma Xiaoyi said boldly: "Little things! Little things."
Zhang Fei smiled and asked, "Sergeant Ma, do they have a branch in the countryside?"
Ma Xiaoyi said: "It should be something."
Zhang Fei said: "Sergeant Ma will give instructions when the time comes and ask Chen Liugen to contact the branch office."
Ma Xiaoyi nodded and said to Chen Liugen: "Old Chen, have you paid the tax?"
"Hand it in! Hand it in!"
"When you get there, go to the place where you pay your taxes and ask, and they will tell you how to do it."
"Thank you, Chief Ma, thank you, President Zhang, thank you, thank you very much."
"Thank you, Chief Justice!"
"Thank you, Chief Justice!"
At this time, bursts of loud cheers suddenly sounded outside the hospital.
But seeing the people rejoicing, I felt happy for Chen Liugen from the bottom of my heart, and maybe also happy for myself.
Zhang Fei knocked the gavel mercilessly, "Quiet! Quiet!"
The cheers stopped suddenly.
But some people's eyes still shone with tears of excitement.
In the past, if this was the case, it would be inevitable to sell your wife and land. It would be impossible to delay it for another year and a half while finding a job for you.
In comparison, the previous government was nothing.
Zhang Fei then said to Wei Fangcheng: "Weifangcheng, if you have no objection, you can go down later and sign a repayment contract with Chen Liugen."
Wei Fangcheng looked unhappy, "Since President Zhang has made the decision, I can only obey it, but I don't know whether to say something or not."
Zhang Fei asked: "But it doesn't matter."
Wei Fangcheng said: "If Judge Zhang makes this decision, I'm afraid that few people will dare to lend money to others in the future."
"This borrowing of money is a matter of mutual consent. It is not illegal to not borrow."
Having said this, he looked around and said loudly: "But as far as I know, the government will implement the Green Crop Law recently, and the Changping Division will lend money to people in need at a profit of two cents per month. I don't know the details. I know, if you need it, you can go there and ask yourself."
These two days may be one chapter, because I can only use nine fingers to type, but I will try my best to type as much as possible.
Please forgive me!
(End of chapter)
