Chapter 667: Making exceptions is not sabotage

Style: Historical Author: Nancy BeiqingWords: 7485Update Time: 24/02/20 17:14:27
After Li Ming gave birth, controversy arose one after another outside the hospital. Obviously, Li Mingsheng's confession was beneficial to the Liu Qin family. Some people felt that they had wrongly blamed the Liu Qin family, but most people still insisted on their opinions, so this caused caused some controversy.

Zhang Fei didn't pay much attention to this. To him, who came from the Internet, this was really just a small scene. Another witness was immediately called, who was Yang Hu, a peasant woman from Ruixiang Township.

"Ms. Yang Hu, do you know about the adultery case in Liuyun Temple?"

"Know."

Mrs. Yang Hu nodded, and without waiting for Zhang Fei to ask, she said to herself: "I knew that woman was not a good wife and mother, but I didn't expect that she would be so despicable as to seduce a monk. Oops, this Shameless women are really rare."

Zhang Fei asked: "According to the confession you provided to the royal police, the convict Liu Qinshi once seduced your husband?"

"Yes, yes, it's really embarrassing to say it."

Yang Hushi shook his head.

Zhang Fei asked: "But you saw it with your own eyes?"

Yang Hu shook his head and said: "I didn't see it, but Mrs. Chen at the entrance of the village saw it with her own eyes. I squatted at the entrance of the village for three days and didn't touch her. Otherwise, I would have to teach her a lesson. Now. Come to think of it, I guess that slut only goes out at night."

Zhang Fei asked: "Have you asked your husband to confirm this matter?"

Yang Hu said: "Why didn't I? At first, the man in my family refused to admit it. Later, I told him that Mrs. Chen had seen it with her own eyes, and he admitted it personally. When he came back from farm work that day, he happened to meet the prostitute, and the prostitute rushed to her. It’s really disgusting to wink at the men in my family.”

"Thank you for testifying."

Zhang Fei smiled and nodded.

Mrs. Yang Hu said earnestly: "Zhang Dayerbi, I have heard of your reputation. You should not harm your reputation because of this prostitute."

Zhang Fei smiled and said: "Thank you, auntie, for reminding me. I will pay attention to it."

Next, Zhang Fei directly passed the news to Yang Hu's husband, Yang Dahe.

"Uncle Yang, you should have heard your wife's confession just now."

"Um."

Yang Dahe nodded.

Zhang Fei asked again: "Then can you tell me about the situation at that time."

Yang Dahe said: "I was doing farm work and happened to meet Mrs. Liu Qin. There was a difference between men and women, so I planned to stay away. Unexpectedly, Mrs. Liu Qin smiled at me. I was stunned for a moment and hurried away. .”

Wang Anshi and Lu Huiqing were stunned when they heard this.

At your age, with your wrinkled face, and as an ordinary farmer, would Mrs. Liu Qin even wink at you?

this.!

I can’t believe it!

Zhang Fei asked again: "Did you see Mrs. Chen at that time?"

Yang Dahe said: "Yes. Mrs. Chen was catching chickens in front of her house."

Zhang Fei nodded and said: "Thank you, I have no problem."

Yang Dahe blinked, "Are you done with this question?"

Zhang Fei said: "If there is any problem, I will send you to court again."

Yang Dahe scratched his head and quickly stood up and left.

Zhang Fei also called the key witness Chen Po to appear in court.

This Mrs. Chen was in her fifties, stooped and walked slowly to the court. After sitting down, her eyes looked left and right, as if everyone was a bad person.

Zhang Fei raised his voice and said, "Mr. Chen, I asked you to appear in court today mainly for the Liuyun Temple adultery case. It is said that you saw the convict Liu Qinshi winking at Yang Dahe in the village?"

Mrs. Chen nodded and said, "Yes, I saw it with my own eyes."

Zhang Fei said: "But do you still remember what you were doing at that time?"

Granny Chen said: "I'm chasing the chickens."

“Where to catch the chickens?”

"Right in front of my house."

"Well."

Zhang Fei lowered his head and glanced at the copy, "According to the information provided by the police station, your door is about fifteen steps away from the village entrance."

Mrs. Chen thought for a moment and said, "Yes."

Zhang Fei suddenly took out a wooden sign, about the same size as a human face, with a sad crying face painted on it, "Did Mrs. Liu Qin wink at Yang Dahe just like in the painting?"

Mrs. Chen squinted her eyes, looked carefully, and then nodded, "Yes, yes, that's it."

Zhang Fei put down the wooden sign and said with a smile: "Thank you, Mrs. Chen, I have no problem."

Mrs. Chen was surprised and said, "That's the end of the question."

"Ha ha!"

Suddenly there was a burst of laughter from the surrounding area.

Mrs. Chen looked around and asked, "What's going on?"

Zhang Fei said: "It's okay. Thank you Mrs. Chen for being able to testify in court."

The laughter increased.

Zhang Fei is only five steps away from her. You can't see clearly. Can you clearly see Liu Qin's wink?

Everyone has long been accustomed to Zhang Fei's methods, and they can react quickly.

Zhao Pian also shook his head helplessly.

But this is not unexpected. Living in Bianjing, this kind of situation happens almost every day.

Next, Zhang Fei passed on a young farmer named Dongsheng.

"Dongsheng, do you know about the adultery case in Liuyun Temple?"

"Know."

"Then do you know the convict's wife in this case, Mrs. Liu Qin?"

"I know this woman, but I haven't said a word to her."

"Have you seen it before?"

"I met him once."

"Where?"

"It's right at the entrance of the village. That afternoon, when I came back from cutting firewood in the mountains, I happened to see Mrs. Liu Qin coming back from outside."

"Besides Liu Qin, is there anyone else?"

"Yes, Uncle Yang from the village."

"Yang Dahe?"

"Um."

"Didn't they see you?"

"Probably not, because I was on the slope at the time. Besides, Uncle Yang was staring at the young lady, so how could he notice me."

"Is the young lady from the Liu Qin family?"

"Yes."

"Can you elaborate on that."

"At that time, Uncle Yang arrived at the entrance of the village first. Later, when he saw Mrs. Liu Qin approaching, he stopped and kept staring at her. She was so scared that Mrs. Liu Qin hurried away."

"Why didn't you say anything before?"

"I said it, but I was scolded so badly by Aunt Yang and Granny Chen. I can't afford to offend them, so why would I dare to say it again?"

"Thank you!"

Next, Zhang Fei invited several villagers who had assisted the Royal Police in the investigation, but they all followed what they said. They really couldn't even talk about catching wind and shadow, and they went to court to testify, which made everyone laugh and cry.

But this didn't arouse much sympathy. In fact, this kind of thing was really common. Don't those scholar-bureaucrats know that those are just rumors and may not be true.

The key point is that Liu Qin still committed adultery with a monk. In any dynasty, this would be an immoral thing and would not be tolerated by the world.

Unless Zhang Fei can find conclusive evidence to prove that the two of them did not commit adultery, this will mean nothing.

After questioning these villagers, Zhang Fei finally summoned Miao Kong, one of the protagonists, to appear in court.

He is a middle-aged man in his thirties with thick eyebrows and big eyes. He is wearing a prison uniform and has long hair. It is impossible to tell that he is a monk. It is impossible for the imperial court to shave his head and let him appear in court. If that were the case, all the monks in the capital would live in government offices. Are you sincerely disgusting our Buddhist disciples?

Who doesn't have a black sheep?

His appearance also attracted waves of yelling and cursing. Looking at the man's thick black hair, why did he curse the bald donkey to death? Zhang Fei was speechless and could only fiddle with the copywriting on the table. This is the young man. Xu Zhiqian had no fun and didn't even have a chat.

I don't know whether Zhao Bian did it on purpose or not. After letting the people scold him for a while, he stopped.

After the audience calmed down, Zhang Fei stood up and said, "Miaokong, do you know the Liu Qin family of Ruixiang Township?"

Miaokong nodded: "I know."

Zhang Fei asked: "What is your relationship with her?"

Miaokong glanced at Zhang Fei, lowered his head, and whispered: "My lover."

"Adulterer and adulterer."

Someone outside the hospital yelled.

Soon, the audience started to curse again, and the curse was very unpleasant.

"quiet!"

Zhao Pian didn't wait any longer this time and banged the gavel, and the two court guards immediately raised the wooden sign of silence.

In this way, the shouting and cursing outside the hospital gradually became quiet.

Zhang Fei then continued to ask: "Can you tell me how you met Liu Qin and how they got involved?"

Miaokong immediately said: "About seven or eight months ago, when I was patrolling the temple, I found a woman, Mrs. Liu Qin, hiding in a corner crying. I kindly stepped forward and asked her if she had met her. What a difficult thing.

She told me that she had borrowed some money to help her husband get a degree, but now she couldn't afford it, and she didn't know how to talk to her husband.

Seeing that she was really pitiful, I promised to help her find a solution, so I took her to the wing. Unexpectedly, as soon as I arrived in the wing, she took the initiative to fall into my arms and cry.

I really didn’t know what to do at the time, but I never did anything frivolous. Later, when I learned about her family’s difficulties, I took the initiative to give her some money to pay off her debts, and said that if her husband was really a scholar, , I can think of a way to help him find a job, and stop borrowing money from outside. Those loan sharks are all eating people without spitting out their bones. "

Zhang Fei said: "You mean, without asking for anything in return, you gave her some money and promised to help her husband find a job."

Miaokong nodded: "Yes."

Zhang Fei asked: "Why?"

Miaokong said: "I usually help others, but this is nothing to me. If you don't believe it, you can ask about my daily life. I have helped many people, and I have never asked for anything. Anything in return.”

Zhang Fei nodded and asked, "How did you get involved with Liu Qin's family after that?"

Miaokong said: "It's a coincidence that Yuan Wai Li is helping his son find a teacher, so I will introduce Liu Qin's husband to Yuan Wai Li.

Later, Mrs. Liu Qin came to the temple to thank me, and said that she had nothing to repay but could only offer herself to me. At that time, she hugged me tightly and looked at her pitiful look. I couldn't hold it back for a moment. Just..., I know I committed a crime, but I still wanted to help her initially.

You can ask Ms. Liu Qin about this. I really didn’t force her. She took the initiative to find me. Before we had a relationship, I had already given her money to pay off the debt and helped her husband find a job. I It was purely a good intention, but it led to such a sin. I really feel ashamed of Master's teachings. "

Zhang Fei said: "But just now Li Yuanwai said that you are not that abiding by the rules and regulations."

Miaokong immediately said: "Because I am a semi-monk, I have not gotten rid of some bad habits. I occasionally go to Mr. Li's wife's house to drink some wine and eat some meat, but that's it. I have not committed any other crimes."

Zhang Fei asked: "So, this is your first time breaking the sexual precept?"

Miaokong hesitated, "I broke it once two years ago."

Zhang Fei asked: "So including this time, there are only two times."

Miao Kong nodded.

Zhang Fei asked: "Then do you know a woman from Honggu?"

Miaokong's expression suddenly changed, and his eyes swayed a few times, "I don't really remember."

Zhang Fei smiled and said, "But she remembers you."

With that said, he said to Zhao Bian: "President, I want to summon witness Hong Gu to appear in court to testify."

Zhao Bian said: "Pass it!"

After a while, a woman wearing a veil came to the court and sat on the witness stand.

Miaokong glanced at the woman, her expression slightly panicked, and there was a hint of viciousness in her eyes.

Zhang Fei asked: "Aunt Hong, what do you do?"

Honggu replied: "If you are an official, I am a singing girl."

Zhang Fei said: "Then do you know the person opposite me?"

Hong Gu glanced at Miaokong and said, "I know you. Master Miaokong from Liuyun Temple."

"Pooh!"

"What a master, he is clearly a thief."

Zhang Fei glanced outside the hospital, and then continued to ask Hong Gu: "Then how did you know him?"

Hong Gu hesitated for a while and then replied in a low voice: "He is my regular customer."

Zhang Fei said: "What exactly does a regular customer mean?"

I don't know which idiot shouted, "It's just a prostitute, don't you know that?"

The whole room burst into laughter.

Zhang Fei Xunsheng took a look, his eyes were full of helplessness, and he thought to himself, you understand, why don't you just ask? What a mess.

This shouting made Zhao Pian have no choice but to scold him sternly.

In this way, the spectators outside did not dare to continue to act recklessly.

Zhang Fei could only ask another question, "Did Miaokong have sex with you?"

Hong Gu nodded.

Zhang Fei said: "Do you need to spend money before having sex?"

Hong Gu nodded again.

Sima Guang and the others shook their heads when they heard this. How could you ask such a question in broad daylight?

There is really no need to ask so seriously.

I understand everything!

But most people don't think so. They hope Zhang Fei can ask for more details. Isn't your Zhang Darer pen famous for its "fineness"?

Zhang Fei didn't realize there was any problem at all, "Then how do you usually conduct transactions?"

Hong Gu said: "Sometimes he would call me to have a tryst in the vegetable garden behind Liuyun Temple, and sometimes he would secretly come to my house in the middle of the night."

"You are talking nonsense, you have wronged me."

Miao Kong stood up anxiously.

Immediately, two court police officers came forward and pressed Miaokong down.

Zhao Pian stopped and said: "If the prisoner interrupts the witness's testimony again, the president of this court will punish you for contempt of the imperial court."

Miaokong was immediately frightened.

Hong Gu returned to the court to testify, but she didn't understand. She said directly: "I have not wronged anyone. I know Miaokong has three scars on his back and a birthmark on his left buttocks."

This is really exciting.

Many spectators started to boo.

In fact, they didn't regard Miao Kong as a good person. No one was surprised by the monk's behavior. This was nothing special.

The scholar-bureaucrats kept shaking their heads. This is really a declining world!

Zhang Fei asked again: "How often do you usually trade?"

Hong Gu said: "That's not necessarily true. If he doesn't have a lover, he'll probably come to see me twice a month. If he has a lover, it might be three or four months apart."

"lover?"

Zhang Fei said: "This lover refers to."

Hong Gu said: "He often finds some good-looking women in the temple who are in trouble, and then helps those women, and then asks them to be his lovers."

As soon as this statement came out, it immediately caused an uproar.

Only then did everyone realize that this was a routine!

Zhang Fei asked: "How did you know?"

Hong Gu said: "Because. Once or twice, it was inconvenient for him to come forward, so he asked me to send a message to his lover."

Zhang Fei asked: "Do you know how many lovers he has had?"

Hong Gu said: "I only know four."

Zhang Fei said: "Can we include the Liu Qin family in this case?"

Hong Gu nodded, "Including, he also likes this Liu Qin family, so he only came to see me twice in the past six months."

"Thank you for being able to testify."

Zhang Fei said to Zhao Bian again: "Our procuratorate has found some women who have also been tempted by Miao Kong, but we think they are poor people and should not disturb them anymore."

Zhao Pian nodded, looked at Miaokong and said, "Prisoner, what else do you have to say."

Miaokong was silent for a while, then suddenly looked at Zhang Fei, "Prosecutor Zhang."

Zhang Fei looked at him with a smile.

Miaokong said: "I didn't force them, it was all of their own free will, right?"

Zhang Fei nodded and said: "According to the evidence we have, you did not force anyone, and the other party was voluntary."

Miaokong added: "I didn't deceive them, and I really helped them, right?"

Zhang Fei nodded, "That's right."

Miaokong said: "Then I have nothing to say."

"I don't have anything to ask." Zhang Fei said to Zhao Bian again: "I don't have any questions, and there are no witnesses to testify."

As soon as these words came out, everyone was stunned.

That's it?

Do you want to make a comeback?

If you ask so many questions, it is worse than Miaokong's two questions. This is definitely the crime of adultery.

Also, you just want to play the sympathy card?

The key is, Liu Qin has not appeared in court yet!

We have been waiting for this.

Zhao Pian was also a little confused about this, but he ordered the court police to take the prisoner and witnesses down first, and then asked Zhang Fei: "Although there are some hidden secrets in this case, Liu Qin's adultery with Miao Kong is also It is a fact, and there is no problem with the verdict of the Xiangfu County Imperial Court.”

Zhang Fei replied: "Our Procuratorate has never denied the fact that they committed adultery. Our Procuratorate only believes that the Xiangfu County Imperial Court should still abide by the principle of arresting adulterers after their husbands, so we appealed."

Zhao Pian said: "The judgment of the Xiangfu County Imperial Court did not comply with the principle of arresting adulterers after their husbands. However, the president of this court also very much agrees with the Xiangfu County Imperial Court's explanation of this, because this is not someone who went to the imperial court to accuse them of adultery. But some scholars who believed in Buddhism discovered their adultery in the temple, and then they reported it to the imperial court. It is impossible for the imperial court of Xiangfu County to turn a blind eye to such an immoral matter."

The people sitting in the courtyard nodded frequently.

How bad this influence is, and it has already caused such a big fuss, doesn’t the imperial court care about it?

Zhang Fei said: "Sima Xueshi's explanation of an adulterer following the husband's arrest is very accurate. I will borrow it here. If the matter is ambiguous, the adulterer will not be punished because the husband accuses him, and the adulterer will leave without the husband's will. If the door is opened for accusation, he will be punished. It becomes the prison of Luozhi."

Zhao Pian said: "But no one was wronged in this case."

Zhang Fei said: "Yes."

"Who has been wronged?"

"It's Liu Qing and his wife."

Zhang Fei said: "The confessions of the witnesses just now have shown that after the verdict of this case, both Liu Qing and Liu Qin suffered huge criticism.

Liu Qin didn't seduce Yang Dahe, nor did she seduce Li Mingsheng, nor was she a licentious woman. She could do whatever she wanted, but she had to suffer this unjust injustice and be reviled by others.

And Liu Qing, he knew that his wife was not who she was rumored to be. He knew that there was a misunderstanding, so he tried hard to prove it to his wife, but what was the result? "

Having said this, he picked up some newspapers and periodicals, "These were all articles published about the case at that time, ridiculing Liu Qing as a loser, and even questioned him for letting his wife seduce Miaokong in order to survive. And Liu Qin's even more She is portrayed as a slut who can do whatever she wants."

He put down the newspaper and continued: "For Liu Qing, not to mention his fame and fame, even his livelihood is a problem, and his relatives and friends have severed ties with him. He may be trapped in it for the rest of his life, and isn't this a traitor? Is Luo Zhi’s unjust prison mentioned in the husband’s arrest principle?”

Zhao Bian said: "This is caused by Liu Qin's own misconduct."

Zhang Fei shook his head and said: "No, from a judicial point of view, this is caused by the government's wrong judgment."

Zhao Pian questioned: "Is it possible to avoid all this based on the principle of arresting adulterers? I don't think so!"

Zhang Fei smiled and said: "I'm not talking about whether all this can be avoided."

Zhao Pian asked: "Then what are you referring to?"

"Protect this."

Zhang Fei said: "The purpose of this principle is to worry that Luo Zhi will be imprisoned unjustly, so this principle is established to give husbands and wives the right to protect themselves. Maybe some rumors cannot be avoided, and the same thing may happen, but this is all is not a reason to take away this power.

In this case, Liu Qing completely lost the power to protect himself and his wife. He could only bear it silently, but he should have had this power, which was given by the law.

The Xiangfu County Imperial Court's explanation of the case did not actually explain the reasons for depriving Liu Qing of his right to protect himself and his wife. He only explained the reasons for punishing Liu Qin.

As a result, this verdict not only punished the Liu Qin family, but also destroyed the family, which was exactly what the traitor wanted to protect. "

Having said this, he looked around and said loudly: "I hope everyone can understand that this is an appeal about judicial regulations, not an appeal to redress someone's injustice.

Can the president make an exception when encountering certain special circumstances? This is okay, but must be used with caution and under supervision.

The key point is that making an exception must follow at least one principle, that is, your making an exception must be to protect the content of the law. To put it simply, when there are loopholes in the existing legal regulations and the content that needs to be defended cannot be defended, an exception is made as a last resort. "

Zhao Pian nodded slightly, thoughtfully.

He then heard Zhang Fei continue to say: "When I was the president of the Grand Court in Hezhong Prefecture, because I had the power of precedent, I gave some principles and explanations. Of course, I also explained this in the Legislative Council. But you can go carefully. Look, the principles and explanations I gave are all what I need to defend the original regulations. I only improved or supplemented them, but I did not change the core demands of the regulations."

Having said this, he took out a piece of paper and looked down at it, "Let's go back to this case again. The Xiangfu County Imperial Court's exceptional judgment was about arresting adulterers and following their husbands. But judging from what happened to Liu Qing and his wife, , Xiangfu County’s judgment did not care at all about the content of this principle to be defended, and his explanation was to protect something else.

This is not called an exception, but is called destruction. If this verdict is implemented, it will be equivalent to completely abolishing the principle of arresting an adulterer after his husband, and this is something our Procuratorate will never accept, because the Xiangfu County Imperial Court does not have this power. Only the Legislative Council can do this. "

Wang Gong and Qi Ji looked at Zhang Fei at the same time. Looking at the Erbi up close, it was different!

In fact, there is no specific principle for making an exception, but when he said this, you must not be wrong. If the exception is not made to defend the content of the case, it will be equivalent to directly abolishing the entire regulation.

My judgment is above the regulations.

Even the emperor would not dare to do this.

Wang Anshi chuckled and said, "This explanation is really insightful. This kid has won again."

Lu Huiqing said: "He is trying to draw fire from the bottom of the cauldron. Since the fact of adultery cannot be changed, then as long as we defend this principle, this sentence cannot count."

Wang Anshi smiled and said: "That's because he is now a prosecutor. If he was still an Erbi, I believe he could win without this trick."

"I see."

Sima Guang suddenly realized, "No wonder he has been making a fuss about those rumors and Liu Qing's experience. It turns out that his lawsuit is all based on this principle."

Liu Shu asked: "So, he won again?"

Sima Guang nodded and said: "Only the Legislative Council can repeal a law. It is impossible for the president of the court to have this power. Of course, it cannot be counted."

Qi Hui on the side heard this clearly, but he still felt dissatisfied and stood up suddenly, "Why doesn't Prosecutor Zhang mention the rule of law?"

Sima Guang wanted to stop him, but it was too late.

In fact, he noticed early on that Zhang Fei never mentioned Qi Hui. He always emphasized the imperial court of Xiangfu County. Obviously, he still didn't want to bring too much negative impact to Qi Hui.

But you Qi Hui took the initiative to stand up, and Zhang Fei couldn't protect you even if he wanted to.

Zhang Fei turned his head and glanced at him, with a hint of helplessness in his eyes, and replied calmly: "Because I think it may not be fair to President Qi to mention the legal system. After all, President Qi may not be able to use the legal system skillfully." method."

Qi Hui said with a smile: "But I thought Prosecutor Zhang was avoiding the important and taking the easy."

Zhang Fei asked: "President Qi might as well speak frankly."

Qi Hui said: "Prosecutor Zhang just said it right. His exceptional judgment is to defend something else, and this something else is etiquette. This belongs to the interests of the country and the monarch. Shouldn't it be given priority?"

(End of chapter)