Northern Song Dynasty Justice

Chapter 511 Political and Legal Controversy

Chapter 511 Political and Legal Controversy

(The title is wrong, and the author can't change it. Chapter 511 The dispute between politics and law)

The noisy imperial court ushered in a peaceful morning.

Zhang Fei, who spent the whole night with Xu Zhiqian, was sitting by the lake with his two wives in high spirits, enjoying the delicious breakfast.

I have to say that it feels really wonderful to have breakfast here. The environment here is very good, much better than Bianliang City.

Although he is also a workaholic, compared to Xu Zhiqian who is used to simple food and drink, Zhang Fei still has a little bit of demand for the quality of life, because in his previous thinking, working hard is also for better enjoyment, not too much. What a great ambition.

You should enjoy it, you should enjoy it.

"By the way! There is a question I've always wanted to ask you."

Xu Zhiqian suddenly put down her chopsticks and looked expectantly at Zhang Fei opposite.

"what is the problem?"

Zhang Fei asked casually while eating the delicious food that Gao Wenyin gave him.

Xu Zhiqian said: "The lawsuit yesterday, if you defended the government, would you win?"

Zhang Fei smiled and said, "I remember I told you earlier that there is no lawsuit in this world that you can definitely win, but there is also no lawsuit that you can definitely lose."

"How would you fight?" Xu Zhiqian asked curiously.

Zhang Fei didn't even think about it, and said: "As far as I know, those salt merchants are not very law-abiding people. If you can find out that one of the salt bills is problematic, you can use this as an excuse to sell all the salt bills. The salt banknote evidence is invalid, and the salt banknote is the key document of the contract between the two parties. If there is a problem with the document itself, it will naturally be impossible to claim compensation, which can at least be delayed for a long time."

Xu Zhiqian nodded thoughtfully and said, "You seem to have used this trick when defending the clan case."

Zhang Fei smiled and said, "But it's a pity that you didn't learn it, let alone master it."

Xu Zhiqian said quietly: "I have already given up on this, and I will definitely not be able to beat you in a lawsuit."

Zhang Fei said hehe: "The justice in your heart is always greater than the law, how can you win me?"

Gao Wenyin asked suddenly: "Isn't the law and justice the same thing?"

Zhang Fei said: "Of course not. For example, it is obviously immoral to ignore death, but it is not illegal in most cases, but if you step on it, even if you don't have it, he will die, but you are also murdered.

Conversely, when you choose to act bravely, you may also violate the law and be punished. "

Gao Wenyin asked in amazement: "Why is this?"

Zhang Fei laughed and said, "For example, if you saw someone being kicked to the ground, but you acted bravely and accidentally killed him, you might be charged with manslaughter."

Xu Zhiqian immediately questioned: "If the sentence is really like this, then who will dare to act bravely in the future."

Zhang Fei smiled wryly: "I mean possible, not everything."

Gao Wenyin said, "I think Sanlang is right. When you see other people fighting, you should pull them away instead of helping one party fight the other. This will only add fuel to the fire."

"correct!"

Zhang Fei said: "The original intention of acting bravely should not be to hurt others, but to protect the victim. The most correct way is to separate the two parties first, and then call the Royal Police. Once you do something, the nature of the whole incident will change.

Of course, in some urgent cases, it is also possible. "

Xu Zhiqian said: "But it will make others fearful. In a hurry, no one would dare to help."

Zhang Fei nodded and said: "It is entirely possible, but if it is not stipulated in this way, the consequences may be more serious. This is the reason why justice must be subordinated to the law. In addition, whether you are afraid or not depends mainly on everyone's opinion of the law. trust in the judiciary."

"Third brother! Third brother!"

Li Si ran over suddenly, gasping for breath, "Third brother is not well, then the city gate is closed."

Zhang Fei was confused and said, "What city gate is closed? Please explain clearly."

Li Si took two deep breaths, "It's like this. I planned to go to the city with Xiaotao to buy some vegetables and come back. I didn't know. When we went to the gate leading directly to our imperial court, we found that the gate was not open. Open, I immediately went to inquire about it, and said that the government ordered that the gate of the city will not be opened from now on, and now if you want to come to our imperial court, you have to make a big detour from the north gate, which is a long way Several times."

Xu Zhiqian frowned and said, "It seems that they want to take revenge on us."

Whoa fuck!This shot is probably a little too fast.Zhang Fei asked: "Isn't the gate of the city under the control of the police station?"

Xu Zhiqian said: "Of course not. The city gate belongs to the city defense. How could it be managed by the police station? It is usually managed by the government and the military, but in wartime it is controlled by the commander in chief."

Zhang Fei sighed with embarrassment and said, "The road to justice is inherently tortuous, so it can show the value of justice even more. I believe the people will be willing to take this extra step. There was no road before. .”

Xu Zhiqian pursed her lips and smiled, "You sound like you are comforting yourself."

Zhang Fei said: "Otherwise, what can I do?"

Xu Zhiqian said: "But since they have launched revenge, it is impossible to just do that. We have to find a way to deal with it as soon as possible."

Gao Wenyin whispered: "Sanlang, in this way of life, peace should be the most important thing. Fighting is not good after all."

Zhang Fei smiled wryly: "Madam may not know, from the very beginning until now, they are the ones who made things difficult for me."

"Really?" Gao Wenyin really didn't know, she usually didn't ask about these official matters, but this matter did seem like Zhang Fei was being aggressive, asking: "Why did they do this?"

Zhang Fei picked up a piece of pastry from her bowl with chopsticks, "Because I made them lose a piece of pastry in their bowl, can they not hate me?"

Xu Zhiqian said: "That's why they will try their best to break our chopsticks."

Zhang Fei said: "So we have to protect the chopsticks in our hands."

After breakfast, Zhang Fei and Xu Zhiqian came to the lobby.

"Teacher! Someone came from the government just now."

Both Cai Bian and Shangguan went up to meet him immediately.

Zhang Fei's heart skipped a beat, and he said, "What's the matter?"

"It's not known yet."

Cai Bian said: "It seems to be about our building a store in front, my brother is negotiating with that person."

Zhang Fei frowned and said, "That's unreasonable. They just closed the city gate. After all, the city gate really doesn't belong to us. It's all our imperial court's territory. Why should they interfere? Where are they?"

Cai Bian said, "It's in the front hall."

"go!"

Zhang Fei said, "I'd like to see what the hell they're up to."

Before leaving the front hall, Cai Jing came back with a depressed expression on his face.

Zhang Fei asked: "Cai Jing, what's the situation?"

Cai Jingdao: "Regarding the building of shops outside, the government requires us to submit an application statement first. After the government approves, we will be allowed to build shops here."

Zhang Fei said: "Why are they? Didn't you tell them that those places belong to our imperial court? No, these are all official sites. It's just that the official gave us to change it to the imperial court. They have nothing to do." If the authority interferes, the land deeds are still in the hands of the officials.”

Cai Jingdao: "They said that this area belongs to the city defense area. If you want to build houses on a large scale, you must get approval from the government and the military."

Zhang Fei blinked, turned his head to look at Xu Zhiqian, "Is there a way?"

Xu Zhiqian nodded and said: "Of course, especially in places near the city wall, no matter if any house is built, it must be approved by the government. This is even more so when it belongs to an important military area.”

Cai Jingdao: "I think this application is handed in, and most of it will go nowhere. As long as the government doesn't reject it, we will be helpless."

Zhang Fei blinked and coughed lightly: "Then put it aside for now."

Ye Zuqia said: "Teacher, but if they do this, we will feel very uncomfortable, because everything except the judiciary is under their control."

Zhang Fei frowned and said: "Remember, I told you before I came here, we are not here to compromise, this is a tough battle, now it's our turn to defend, we just have to persevere."

At this time, Li Si came to the door again, "Third brother, Li Min and Zhengwen have urgent matters to see."

Cai Jingdao: "I'm sure the government is also investigating them."

Zhang Fei felt a headache.

After a while, Qiu Zhengwen and Li Min entered the hall.

Qiu Zhengwen said: "Third Brother, the government wants to investigate our Legal Aid Department, saying that the litigation rules of Hezhong Prefecture and Kaifeng Prefecture are different, and the Legal Aid Department cannot litigate for others without the permission of the government."

Li Min also said depressedly: "Chairman Zhang, just now the government also sent someone to look for me, saying that they want to review my official documents."

Zhang Fei immediately asked: "You don't have official documents, do you?"

Li Mindao: "Of course I have something, but they say that my official document was issued by Kaifeng County. There is no rule that the official document issued by Kaifeng County can be used for litigation in Hezhong Prefecture. They have to ask the higher authorities first. , before that, the government will not allow me to file another lawsuit."

Xu Zhiqian said: "The Legal Aid Administration has the permission of the Political Affairs Hall and the Court of Justice. Hezhong Mansion has no right to block official documents from the Political Affairs Hall. However, the official documents written by Er are indeed under the jurisdiction of the local government, although there is no regulation saying Cross-office disputes are not allowed, but the imperial court has not yet said that they want to unify, not only that, but because of the lawsuit between you and Wang Wenshan last time, the imperial court is still tightening the review of Erbi's official documents."

Zhang Fei asked: "Then what should we do now?"

He really doesn't know much about the court system.

Xu Zhiqian pondered for a while, and said: "The only way is to explain this problem to the court, urge the court to formulate a unified regulation."

Cai Bian suddenly said: "If Li Min's qualifications are questioned, what about the previous lawsuit?"

Li Min nodded straightly and said: "The people in the government have hinted at this just now."

Zhang Fei said: "Since there is no system saying that it is not allowed, and Li Min has already participated in this case and became a part of this case, if there is no absolute justification, they have no right to divest, and I can make the decision."

Speaking of this, he hesitated for a while, and said to Li Min: "But for the time being, you should not accept the lawsuit, or you should join the Legal Aid Department first. After all, it will take some time to apply to the court."

As the head of the court, he must abide by the law. Since it is currently under the jurisdiction of the local government, and the imperial court has no relevant regulations, of course it is the local government that has the final say.

Li Min nodded and said, "I see."

Zhang Fei said to Qiu Zhengwen again: "Zhengwen, you immediately take the official document given by the court, go to the procuratorate and sue the government."

"I see."

After the two of them left, Zhang Fei couldn't help sighing, "This is really chaotic, step by step, I haven't even considered whether the official document system is perfect."

Regarding the construction of public security laws, he has certain powers, but he only has executive power. The formulation of the system must belong to the administration, and the judicial reform is formulated by the political affairs hall and the trial court.

The approval of this official document must belong to the administration.

After speaking, Zhang Fei turned around and gave instructions to Cai Jing and the others: "Now we have to write to the imperial court as soon as possible, suggesting that the imperial court immediately improve the system of official documents."

Shangguan Jun said: "Then the construction of the city gate and shops, should we also write to the imperial court?"

Cai Jingdao: "I don't think it is necessary, because this matter is related to city defense, and it is also under the jurisdiction of the Sanya and the Privy Council in the imperial court. Naturally, they will not be willing to make concessions for the convenience of the public prosecutor and the law. This will inevitably cause controversy in the court. It made the whole thing drag on for a long time.”

Dogs know the efficiency of the Song Dynasty court. If you want to bring in the city defense to talk about it, they can all talk about the Jinbing going south.

Xu Zhiqian nodded and said: "Cai Dalang's words are reasonable, but this will give people a handle."

Zhang Fei said: "Then don't mention these things for now."

(End of this chapter)