In the past, Zhang Fei's verdicts were like rain after a long drought, always getting applause and flowers for the people. But this time, the verdict was relatively quiet inside and outside the hospital. This seemed to be beyond Xu Zhiqian's expectation. She couldn't help but look up. I went, but when I saw the people outside the hospital, they were all a little disappointed.
The reason is very simple. Tax evasion is not the exclusive domain of landlords. Common people also evade taxes, especially the deed tax, because for the common people, this is a tax that is easier to avoid, unlike the two taxes. As long as you have a household registration, you basically cannot escape it. of.
You must know that land transactions were very frequent in the Northern Song Dynasty. If they were limited to transactions between landlords, they would not be so frequent. There were also many ordinary people who earned a little money through their efforts in industry, agriculture and commerce, and then purchased fields. It will also make it more difficult for people to get rich.
Their expectation is that the white deed will be legally binding, but at the same time exempt from deed tax. If that doesn't work, the deed tax on the previous white deed will be exempted, and everyone will pay the deed tax later.
But I didn't expect that half of the deed tax would be exempted, and the price would be to pay the deed tax. No matter what, it would cost a lot of money!
This is quite different from their expectations.
However, Zhang Fei did not wait for applause and flowers. He asked the procuratorate as usual: "Does the procuratorate have any objections?"
Su Che seemed to be thinking about something. He was startled for a moment, glanced at Zhang Fei, struggled for a moment, and then stood up and said: "Suppose a rebel purchases armor from the people, and it complies with the two principles mentioned by President Zhang, then this contract Is it legally binding?"
After Zhang Fei thought for a moment, he said: "As long as it complies with these two principles, it will have legal effect."
As soon as these words came out, everyone was startled and looked at Zhang Fei in surprise. Are you crazy?
Si XiaoJingang and Xu Zhiqian also looked at Zhang Fei in surprise.
Is rebellion still legally binding?
Su Che was also confused.
Then Zhang Fei added: "It is precisely because the contract between the two parties has legal effect, so the businessman who provided the armor is also an accessory. But if the businessman is coerced into providing armor to the rebel, as long as he can produce it If there is enough evidence to prove this, then the contract will not have legal effect. From a judicial point of view, the two may not be a cooperative relationship, and the imperial court can acquit the businessman.
On this issue, the president of the court can say one more thing: criminal proceedings are higher than civil proceedings, because the interests of the country and the monarch are higher than personal interests, and treason is a heinous crime and the highest level crime. The businessman may be innocent in this lawsuit, but he may also face huge losses, because the court will definitely confiscate all the stolen goods. Of course, this is only a possibility. If it really happens, it needs to be analyzed in detail. , but the principle remains unchanged. "
After hearing this, Su Che said, "Thank you very much, President Zhang, for your answer."
After that, he sat back.
Over there, Fan Zhen was also thinking with his eyebrows lowered.
Although they had known this result for a long time, Zhang Fei's verdict still made them feel bright and confused at the same time.
Because this judgment involves an issue of contract principle.
Although Zhang Fei made the judgment in accordance with the law, his explanation of the principles of contract was unprecedented, and it was also something that had never been included in the "Song Xingtong".
For example, "Officials have political laws, and people follow private contracts." The meaning of this sentence is similar to what Zhang Fei explained. "Song Xingtong" also expresses this meaning.
However, Zhang Fei regards these two principles as important basis for whether the contract is legal, or even the only one. This is something that "Song Xingtong" does not have.
Although political law and private contracts are two parallel lines, the current system is an official system. In the end, officials have the final say. If the imperial court determines that the white contract is not legally valid due to tax evasion, everyone has nothing to say.
No one thinks this is a wrong judgment. After all, politics and law are still higher than private contracts among the people, and officials are superior to the people.
However, after Zhang Fei's explanation, there are really two parallel lines.
This is very critical.
According to Zhang Fei's judgment, whether a contract has legal effect only depends on freedom, fairness, and equality. As long as it meets these points, the contract has legal effect and has little to do with whether it violates political laws. .
Although Fan Zhen explained the legal effect of the white deed by using the government's authority and the people's private contract, for him, this was just a reason, not a principle.
This is actually one of the differences between Zhang Fei and current officials.
In fact, the judicial system of the Song Dynasty was relatively complete. To convict someone, it was necessary to refer to laws and regulations, which was the Juji division system.
However, the index of laws and regulations is mostly limited to discussions within the government. External judgments are generally based on Confucian ethics, and must be judged to be famous, reasonable, and occupy the moral high ground.
Zhang Fei, on the other hand, prefers to quote and explain laws and regulations, and only mentions morality when sentencing.
However, what they didn't know was that the main reason why Zhang Fei prompted this lawsuit was not the little deed tax, but the principle of the contract.
Because Zhang Fei wanted to shift the economic center from agriculture to commerce. It can also be said that he would commercialize agriculture and raise taxes from commerce to avoid direct conflicts with the gentry and big landowners.
Since we are pursuing business, contract law is the top priority. Only a perfect contract law can promote the development of business, which will also lead to investigation and evidence collection with the tax department.
On the third day after the verdict was pronounced, the imperial court published an issue of the legal journal announcing the detailed principles of the contract.
The principle of freedom of contract.
Principle of good faith.
Fair dealing principle.
According to these three principles, a specific explanation will be given later, which stipulates that a contract is a kind of consensus, and all matters must be agreed before the contract is established. If the parties do not agree on all points in the contract, in the event of an occurrence, In case of doubt, it should be considered that the contract has not been established.
Suggestions on contract drafting are also given.
One of the most critical ones is that the Royal Court recommends that both parties or parties signing a contract should state debt obligations in the contract. If not, it will be determined by the Royal Court at its discretion.
Procuratorate.
"Prosecutor General, Prosecutor General?"
Chen Qi shouted towards Su Zhe, who was in a daze and holding the Dharma retribution in his hand.
Su Che was startled suddenly, "What did you say?"
Chen Qi was stunned for a moment, and then said: "We just want to ask the prosecutor general, what do you think of this contract principle?"
Su Che frowned, suddenly bent down at his desk, wrote a piece of paper on the paper, and then handed it to Chen Qi, "Send this paper to the imperial court immediately."
Chen Qi blinked, picked up the paper and looked at it again, exclaiming: "The prosecutor wants to sue the imperial court?"
After hearing this, the other prosecutors were also shocked and gathered around.
Su Zhe frowned and said: "This contract principle violates the principle that private contracts should be followed and officials should not be judged. The contract principle in the legal report will give the imperial court powerful power to intervene in private transactions. This is what we We cannot sit idly by and do nothing, we must exercise our prosecutorial power.”
Wang Shen said: "Even so, shouldn't the Chief Prosecutor communicate with President Zhang first?"
Su Zhe hesitated for a moment and sighed: "I am not as good as President Zhang in terms of legal attainments. Since he dares to do this, he certainly has his reasons. If we communicate in private, I am afraid that I will be persuaded by him, but In the eyes of others, it is possible that the procuratorate and the imperial court are colluding, so it is better to have a public trial. This will also allow the people to know more clearly the reasons behind this, and we must also give President Zhang a warning that he cannot give legal principles and interpretations at will. .”
This is not the first time that Zhang Fei has given explanations and principles. Although he has not changed the regulations, his principles and explanations are equivalent to changing the original meaning of the regulations.
Song Dynasty officials also attached great importance to laws and regulations and believed that they should not be changed casually.
Wang Shen nodded slightly, as if Su Zhe's consideration made sense.
As a result, the procuratorate immediately filed a lawsuit with the imperial court regarding the legal report, accusing the contract principle in the legal report of violating the principle that private contracts should be followed and officials should not be justified.
When Si Xiaojingang heard the news, he was also shocked. Is this procuratorate crazy? They are actually accusing our imperial court?
We are both referees and players, so what does your procuratorate win?
But Zhang Fei smiled and said nothing.
Xu Zhiqian asked: "Did President Zhang already expect that the Procuratorate would come to accuse us?"
The four little kings all looked at Zhang Fei immediately.
Zhang Fei shook his head and said: "I didn't expect that. I just thought that Prosecutor General Su's legal attainments have reached a higher level and his progress is faster than yours. At least you didn't raise any objections to the content of this legal report." Any doubts.”
Cai Bian asked in surprise: "Is there really something wrong with the content of the Dharma report?"
Zhang Fei said: "From a judicial perspective, there is absolutely room for controversy."
Cai Jing asked: "Then how should we respond?"
"catch!"
Zhang Fei smiled and said: "This prosecution by the Procuratorate will do more good than harm for the Public Security Bureau. Not only will we benefit a lot from it, but it will also complement our Public Security Bureau system."
Completion system?
Si XiaoJingang and Xu Zhiqian both looked confused.
At this time, the news that the Procuratorate was suing the Imperial Court had spread, which was really shocking.
Because no one thinks there is any problem with this principle. Even if there is a problem, the Procuratorate will not directly accuse the Imperial Court. You must know that the Procuratorate and the Imperial Court have always had a very tacit understanding before.
What happened?
But no matter what happens, this melon must be eaten!
It's just that people didn't expect that this melon is so durable.
What a twist!
However, after a trial, the Royal Court also announced that it had accepted the prosecution from the Procuratorate.
Can the imperial court be prosecuted?
This is really rare!
This winter is destined not to be too cold.
Amidst the biting cold wind, the people gathered outside the imperial court. Everyone was hot, their faces were flushed, and they were sweating profusely. It was obvious how many people had come.
On the contrary, many officials at the VIP table were shivering from the cold, complaining in their hearts that the imperial court did not prepare a small stove for them. However, even though they were shivering from the cold and their feet were cold, no one left.
Because this melon is full of weirdness.
Whether it was the people outside or the officials inside, they simply did not understand the reason for the procuratorate to sue the imperial court.
Zhang Fei seemed to see through their confusion. After the court session, he smiled and asked Su Che, "Please also ask the chief prosecutor to explain the reasons for prosecuting this president."
What he said made the people outside the hospital laugh. Is this okay?
Su Che stood up and said seriously: "According to our procuratorate's investigation, the contents of this legal report were all authorized by President Zhang."
As he spoke, he raised the dharma retribution.
Zhang Fei nodded and said: "Yes, the contents of this legal report were indeed instructed by the president of the court. The president of the court will be responsible for every word of this article."
Su Zhe added: "But our procuratorate believes that the content of this legal report violates the principle that people should follow private contracts and officials should not be justified. It is President Zhang who uses public affairs for personal gain to expand the power of the imperial court."
Zhang Fei asked: "How do you say this?"
Su Zhe said: "Anyone who agrees to a private contract and the government does not act on it does have the implication of being free to make a contract, but this is only secondary. The main meaning is that the government cannot interfere too much in private debt disputes, not to interfere in the establishment of a contract." The original intention of the contract.
If there is a dispute between private parties, the government may not accept it and try to let both parties to the contract resolve it by relying on private rules. The government adheres to this principle and at most it can only recover the principal, but not the interest. But we can only use moss punishment to force people to pay back money, and we can't even send people to people's homes to seize property.
Although President Zhang had previously helped soldiers and salt merchants recover corresponding compensation, including interest, that only occurred through reconciliation between the two parties.
However, according to the content of this legal report, it is equivalent to giving the imperial court the power to forcibly interfere with private contracts. Especially the last point in the legal report, both parties must state their debt obligations in the contract. However, as we all know, the current contract only states the distribution of profits, but not the distribution of debts. If there is a dispute, it will be mediated by both parties and will not be litigated. Go to the government, and now the imperial court requires this to be stated, which proves that the imperial court will intervene and use judicial power to deal with private debt disputes. "
This ancient contract only stipulates the distribution of profits, not the distribution of debts, because for the ancients, the contract is only the starting point of cooperation and has no end. To put it more simply, if everyone cooperates well, then continue to cooperate. If the cooperation is not happy, , then there will be no cooperation.
This is why ancient contracts are very short. Unlike the contracts of later generations, it will be stated under what circumstances if an accident occurs, who should bear the debt.
If a dispute occurs, the government can ignore it, but it is difficult to do so because there is no clear debt details and there is no such provision in the law.
But in Beijing, the new contract of Bianjing Law Firm has added regulations on debt distribution.
But that is also a civil matter, and the government does not require you to write like this, because Zhang Fei was not the president of the court at that time, he was just an Erbi.
But now that the imperial court requires the debt issue to be specified, the government wants to intervene to provide a basis for the judgment.
Zhang Fei nodded and said: "You are right. The president of the court requires that the debt liability be stated in order to provide a basis for the imperial court to enforce compensation."
There was an uproar immediately outside the hospital.
Although many people don't know why there is an uproar, maybe they are infected by the arguments between both sides, and think it is terrible.
Su Zhe said: "But this violates the principle that people should follow private contracts and officials should not be justified."
Why he struggles with this is because his idea is to limit the power of the government. This is also what conservatives have always advocated. They prefer Taoism to govern by doing nothing. If the people have folk customs, the government should not interfere too much.
Once the government has the power to enforce enforcement, it will have a reason to infringe on the rights and interests of the people.
This is actually the same as opposing Wang Anshi’s proposition.
What Wang Anshi said made sense, and Sima Guang did not disagree with Wang Anshi's reasoning. What he opposed was Wang Anshi's expansion of government power through the new law.
But you can’t collect taxes according to the law, but you can make loans according to the law.
Collecting taxes, various transfers and conversions, you can't make loans even if you don't make enough money. You are both a referee and an athlete. Who can outsmart you?
Su Che is also worried about this. Once you enforce the law, your people will be able to rush to people's homes and seize everything.
"This does not violate the principle that private contracts should be followed and officials should not be justified."
Zhang Fei shook his head and said: "On the contrary, Prosecutor General Su's remarks are suspected of generalizing."
Su Che asked: "What do you think President Zhang said?"
Zhang Fei said: "May I ask Chief Prosecutor Su, is it strictly stipulated that the government should not accept any contract disputes?"
Su Che shook his head: "That's not true."
Zhang Fei smiled and said: "There is a lot of evidence that can prove that the government has the power to accept contract disputes. It can be seen that the principle of letting the government ignore any contract disputes does not require the government not to accept any contract disputes, but to give the government the right to handle contract disputes. However, there is also a principle in it, which requires officials to determine what is right and wrong in accordance with the contract, rather than by political law."
A scholar-official next to him couldn't help but ask: "Is there any difference between the two?"
"have."
Zhang Fei responded for the first time and explained: "Law is based on morality and pursues fairness and justice, while contracts pursue interests. Suppose two businessmen sign a contract, but unfortunately the cooperation fails. If the contract is fulfilled, then One party may go bankrupt or even commit suicide. In this case, how should the government make a decision? It can be based on a private contract, and the government will not be justified. As long as it complies with the contract principles of freedom, equality, and fairness, it should be executed according to the contract."
Another person said: "Doesn't that mean that interests are higher than morality?"
Zhang Fei asked: "Does integrity belong to morality?"
The man was speechless for a moment.
Su Che frowned. He expected that he might not win this lawsuit, but Zhang Fei's explanation of the regulations still made him feel frustrated.
After Zhang Fei's explanation, the contract is actually higher than the law, or at least equal to the law.
But it seems that there is really such a meaning in it.
According to the private contract, the first half of the sentence gives the private contract great binding force. The official's refusal to accept the case can only mean that the official can refuse to accept the case, but it does not mean that the official cannot accept the case. Many examples can be cited to illustrate this point.
So once the official accepts the application, he still has to abide by the private contract, so the contract is equivalent to the law.
This was something Su Che had never thought of.
Zhang Fei smiled again and said: "In fact, the last lawsuit has proved that the contract is legally binding, so violating the contract is equivalent to breaking the law. Of course, the imperial court has the right to deal with any illegal behavior.
In a sense, private contracts are equivalent to the law as long as they do not violate the principle of contract, because private contracts are a supplement to civil constraints to the law. "
The second half of this sentence is very crucial. In principle, Renyi's private contract is a supplement to the law. This is what the court means. Since it is a supplement to the law, it is naturally equivalent to the law. This is A very key argument in the contract principle, which provides strong support for the imperial court to deal with contract disputes in the future.
Su Che was startled and couldn't help being dumbfounded.
Fan Zhen, who was observing the trial, also frowned and thought to himself, President Zhang is really cunning.
In ancient times, private contracts were just private contracts between two people. Whether it is legally valid or not is hard to say, but the government usually prefers that it is not legally binding and is just a relationship between two people, so the government does not need to intervene.
It’s just that the last time the tax department filed a lawsuit, the lawsuit was based on the land deed, and the land deed is a very special contract, because this contract will determine the tax attribution. If the land deed does not have legal effect, then the land may not be yours, and the government can Take it back, or ask to return it to the seller.
When Fan Zhen filed a lawsuit, he explained that the land tax belonged to political law, while the white deed was a transaction between two people. The transaction was valid, and political law had no right to deny whether the transaction was valid. The government must give the legal effect of recognizing the land deed.
But this legal effect, in Fan Zhen's view, is just evidence that the land belongs to the party concerned.
But this directly provided the imperial court with a reason for enforcement.
As long as it has legal effect, the imperial court will of course have the right to intervene. If the imperial court does not have the right to intervene, it will not have legal effect.
Su Zhe added: "But the principle of letting people follow private contracts and ignoring official actions also includes restricting the government from taking the opportunity to confiscate people's property."
He directly raised the point that he was most worried about, and also wanted to alert the people to this point.
Zhang Fei smiled and nodded: "But based on the legal system, the judiciary must defend the legitimate rights and interests of individuals. A contract that does not violate the principle of contract is the legitimate rights and interests, and the judiciary must defend the legitimate rights and interests of both parties."
Later, our Imperial Court will promulgate specific enforcement laws. In civil lawsuits, the Imperial Court has no right to confiscate anyone’s property, so the Imperial Court will adopt the form of seizure to bind the property involved in the contract to the original owner. The land is not moved at all, and then the seized property is purchased in exchange for the compensation stipulated in the contract, and returned to the person stipulated in the contract.
However, if the compensating party is really unable to compensate, then the imperial court will adopt the method of forced labor and agree on the method of compensation with the other party. Regarding this, there have been previous cases, and the president of this court will not go into too much detail on this. "
After that, he asked Su Che again: "Does Prosecutor General Su have any questions?"
Su Che frowned and thought for a moment, then said: "Our procuratorate will review the seizure system mentioned by President Zhang. If there are any problems, we will continue to file lawsuits."
The implication is that he has acknowledged Zhang Fei's explanation of Ren's personal contract and the official's indifference.
Zhang Fei smiled and said: "We very much welcome the supervision of the Procuratorate. Moreover, in order to facilitate the supervision of the Procuratorate, our Imperial Court will set up a hearing method. Whenever the Procuratorate has any questions about the judicial interpretation of the Imperial Court, our Imperial Court will hold it Such hearings and debates are held. Because our imperial court’s interpretation of any regulations must also comply with judicial regulations, and we ourselves will strictly abide by them.”
Could all this be as he expected? Su Che couldn't help but look at Zhang Fei in frustration, "As soon as I sue you, you will immediately hold a hearing to facilitate my suing you. You must have been prepared for it. Are you so awesome?" But he could only say: "Thank you, President Zhang."
