Northern Song Dynasty Justice
Chapter 202 Neighbor Law
Chapter 202 Neighbor Law
Zhang Fei really went to pee.
Lu Xun said that when a person is peeing, his mind is the most relaxed and suitable for thinking.
This simple lawsuit really made it difficult for Zhang Fei.
But the difficulty is not whether the lawsuit is difficult to fight, he has not thought about it carefully, but he found that he gradually deviated from his professionalism.
In his original plan, he took down the Fan Family Bookstore just to make money, not to eradicate the strong and help the weak, and to uphold justice. That was the work of the thieves.
He also thought he had always been like this.
However, when this lawsuit was placed in front of him, he suddenly realized that his initial thoughts had changed.
In his thinking, the result justice becomes the first, not money, or procedural justice.
Some things can fool others, but not yourself.
This is very inappropriate.
Why is this happening?
This is actually a very scary thing.
He himself is seriously thinking about this issue.
Was it infected by Xu Zhiqian?
Obviously not.
He might have scruples, but it wouldn't make him change his whole way of thinking.
In the evening, Zhang Fei and Xu Zhiqian took a carriage together and left Bianjing Law Firm.
"Are you angry?"
Xu Zhiqian saw that Zhang Fei was in a low mood and was silent, so she couldn't help asking in a low voice.
Zhang Fei glanced at her, "It has nothing to do with you."
Xu Zhiqian twitched the corner of her mouth and muttered, "How could it have nothing to do with me."
Zhang Fei smiled wryly, and explained: "Actually, I can keep you from knowing, and the reason why I told you the truth at that time was because..."
"It's because you want me to stop you. Right?" Xu Zhiqian said anxiously.
Zhang Fei nodded and said, "But I shouldn't have thought so."
Xu Zhiqian asked: "Why? I think you have improved."
"Improve your size." Zhang Fei rolled his eyes: "A lawsuit is not about killing people for money, nor is it coercion, but about the law and reason. If you can appeal to the court, it proves that there is indeed a dispute, and you can't use force. It’s weak to judge. It’s like when I helped Cao Yanei in the lawsuit, even if Lin Fei was innocent, I had to do my best to help Cao Yanei.”
Xu Zhiqian shook her head when she heard that: "I don't agree with that."
"Why?" Zhang Fei wondered: "I'm not playing crooked ways, I'm talking about the law and reason, as long as I follow the rules, I won the lawsuit, I have no shame in my heart, and if I lose the lawsuit, I also have no shame in my heart."
Xu Zhiqian snorted softly and said, "The strong don't need to talk about the law and reason. The law is used to protect the weak. Cao Yanei's case was just a special case. But he was only afraid of the Queen Mother Cao's punishment, not respecting the law. False, in Sanya, Lin Fei was not the only coach being bullied, but most of them could only swallow their anger.
Besides, the lawsuit between Li Si and Chen Yuteng, without you, it is impossible for Li Si to win, but for Chen Yuteng, he does not need our help at all, only Li Si needs our help.
There are also Ma Tianhao and Chen Maoqian, they hired you only to avoid being oppressed by the government, not to fear litigation with the people.Someday those idiots won't be telling stories, raising prices, fishing in troubled waters, and fooling the common people. Did Chen Maoqian ask you for help?Only the weak need our help, the strong don't need it at all. "
Her concept has always emphasized the relationship between strength and weakness. If it is Cao Yanei and Fu Zhishuang who are in a lawsuit, then you can help whoever you want, but once Cao Yanei and Lin Fei are in a lawsuit, she will immediately lean towards Lin Fei.
Zhang Fei already knew her idea, and the two had argued many times, but neither could convince the other.
But today Zhang Fei frowned when he heard this, and became deep in thought.
Is this what changed me?
This is not a world where everyone is equal, at least in the legal sense.
This is an unequal world.
People like Wei Yushan can almost ignore the existence of the law. If I don't help Geng Ming, he doesn't need to fear me at all, let alone my help.
Yes!
I am not in a society with a perfect legal system, but in a period of legal system construction.
If you want to be able to have a clear conscience and make money happily no matter who you help with the lawsuit.First of all, I have to let them fear the law first, so that the two ends of the law are equal.
Xu Zhiqian glanced at him and saw that he was silent, so she said: "I have decided to help that aunt get justice, and this time I plan to fight it myself."
Zhang Fei was stunned, and said in surprise, "Are you going to fight?"
Xu Zhiqian nodded: "The imperial court allowed me to go to court with you, so of course I also have the right to help others in the lawsuit. We agreed at the beginning that I can help others in the lawsuit for free."
Zhang Fei asked: "Can you do it?"
Xu Zhiqian was a little nervous and said, "Do you think I can do it?"
Zhang Fei was immediately happy: "You don't even have confidence in yourself, so why are you fighting?"
Xu Zhiqian said: "I don't have confidence because I have never filed a lawsuit myself, I only watched you fight, and I don't know if I can do it."
Zhang Fei rolled his eyes and said: "At that time, you were asked to show off in the court, but you didn't dare. Now you are asking for trouble here to drive ducks to the shelves."
Xu Zhiqian also had some regrets, and said: "I'm not afraid of going to court, I... I'm just afraid of losing and hurting others."
Zhang Fei was stunned for a moment, and said: "You have to understand that the most important thing for us in Erbi's lawsuit is to do our best. As for the success or failure, it is decided by the presiding officer, and it is beyond our control."
Xu Zhiqian said: "I understand the truth, but I'm afraid of losing."
Zhang Fei laughed and said: "In that case, then I'll do it, I've figured out some things just now."
Xu Zhiqian glanced at him, hesitated for a moment, then shook her head and said, "I still want to try it myself, and I don't want to always beg you."
As she said that, she quickly added, "I'm not alienating you, but this is something I've always wanted to do, and I also hope that I have the ability to do it."
She has been relatively independent since she was a child, and she is not used to always relying on others. She still hopes that she has the ability to do what she wants to do.
Zhang Fei pondered for a while, then asked again: "Then allow me to be your assistant?"
Xu Zhiqian immediately said: "You must be my assistant, after all, I have been your assistant so many times."
Zhang Fei nodded and smiled, "Okay! I'll let you try this time."
Back at Xu's house, Xu Zhiqian told Xu Zun her thoughts.
After Xu Zun listened, he looked at Zhang Fei and said with a smile: "What? This small lawsuit has already failed to invite you to have your Da Er pen."
Zhang Fei wanted to die when he heard this address, and hurriedly said, "What about my father-in-law? In fact, Zhiqian doesn't charge money for the lawsuit. I want to collect money. If the aunt can win the lawsuit, it's okay to say, if If you can't win, you will have to pay a lawsuit fee, which she may not be able to pay."
"That's why." Xu Zun nodded slightly: "Although it is natural to collect money, in many cases, it also depends on the situation. This is also good, Qian'er specializes in helping people with lawsuits for free, and it won't ruin your business. rules."
It can be seen that he is partial to his daughter.
Xu Zhiqian excitedly said: "Did Daddy agree?"
Xu Zun said hehe: "When did Daddy stop you from helping others, but you must do everything according to your ability."
"It's still Daddy!"
Xu Zhiqian gave Zhang Fei a slightly contemptuous look.
Zhang Fei said with an innocent face: "I also support you very much, I just don't support myself doing this, so it's not okay."
"Don't be complacent."
Xu Zhiqian snorted and said, "When I have accumulated experience, I will never persuade you again. I will defeat you in court and make you feel convinced to lose."
Zhang Fei nodded with a smile and said: "I'm ambitious, I'm looking forward to it. It will be a pleasure for us and my wife to earn two shares of money when there is a lawsuit."
Xu Zhiqian said: "Don't even think about it, I won't take money."
".!"
Zhang Fei's expression froze, and he gave Xu Zhiqian a blank look: "It's really boring!"
Xu Zun also stroked his beard and smiled: "The old man is also looking forward to it."
Xu Zhiqian asked again: "How does daddy view this lawsuit?"
Xu Zun picked up the copy again and looked at it carefully, frowned and said: "The law of relatives and neighbors has existed since ancient times, but in our dynasty, some changes have taken place, and some details have been added. The priority of neighbors is already close to that of relatives." .”
Zhang Fei asked: "Really?"
Xu Zun asked, "Don't you know?"
Zhang Fei said embarrassingly: "I usually go to have a look when I need it."
Xu Zun smiled, and then explained: "My dynasty is still different from the previous dynasty in many ways, just like the citizens of Bianjing, the rich and the poor have no fixed status, and the fields and houses have no fixed owner. If you have money, you can buy it. If you sell, you can only rely on your neighbors, not your relatives. Therefore, when we amended the Law on Neighbors, we raised the priority of neighbors."
The Song Dynasty was a highly commercial society, and the citizens did not have too many clan ties, so everyone began to emphasize freedom and efficiency, selling a house, and going to relatives to ask first, it was really too much trouble, the court was also based on the needs of the citizens, Supplement appropriately.
In some cases, it is possible to dispense with relatives.
In addition, in terms of price, the Song court also favored market prices, and relatives could not buy at low prices.
Zhang Fei frowned and said, "But this is not a house sale, but an inheritance."
Xu Zun nodded and said: "You're right, this is also the difficulty of this lawsuit. His mother's actions seem reasonable, but in fact they are difficult to be protected by the law. This ancestral house still has to be passed on to future generations. Although the law of relatives and neighbors also applies to the right of inheritance, buying and selling is still different from inheritance, and it is difficult for the neighbor to obtain the right of inheritance while her son is still alive."
Xu Zhiqian said: "But his son is so unfilial, so can we use filial piety to fight this lawsuit? Back then, Zhang San also used filial piety to help Fang Yun escape."
"Of course I can get it, and I also think there is a certain chance of winning."
Xu Zun nodded, and said: "But the government can't just consider this lawsuit, but also consider the issue of patriarchal law. If this precedent is set, will it conflict with patriarchal law? Therefore, even if you prove that her son is not filial, There is no guarantee that the government will judge you to win. Unless you can convince the government that such a judgment will not affect the patriarchal clan, then the chance of winning will be greater."
In ancient times, there were two laws running side by side, the state owned the law, and the township had the patriarchal clan. In fact, there were many contradictions between the two.
In the process of amending the Law of Relatives and Neighbors, we actually encountered resistance from the patriarchal clan. Today's neighbors are almost, not completely equal to relatives.
Yes!
This son is very unfilial, but if you make an exception for the right of inheritance, it will have a great impact on the patriarchal clan, and even cause social unrest.
Judges must consider this issue.
Xu Zhiqian looked at Zhang Fei again.
Zhang Fei said: "Don't worry, we should still do the same as before, do our homework first, and we will always find flaws."
Xu Zhiqian nodded slightly.
(End of this chapter)
Zhang Fei really went to pee.
Lu Xun said that when a person is peeing, his mind is the most relaxed and suitable for thinking.
This simple lawsuit really made it difficult for Zhang Fei.
But the difficulty is not whether the lawsuit is difficult to fight, he has not thought about it carefully, but he found that he gradually deviated from his professionalism.
In his original plan, he took down the Fan Family Bookstore just to make money, not to eradicate the strong and help the weak, and to uphold justice. That was the work of the thieves.
He also thought he had always been like this.
However, when this lawsuit was placed in front of him, he suddenly realized that his initial thoughts had changed.
In his thinking, the result justice becomes the first, not money, or procedural justice.
Some things can fool others, but not yourself.
This is very inappropriate.
Why is this happening?
This is actually a very scary thing.
He himself is seriously thinking about this issue.
Was it infected by Xu Zhiqian?
Obviously not.
He might have scruples, but it wouldn't make him change his whole way of thinking.
In the evening, Zhang Fei and Xu Zhiqian took a carriage together and left Bianjing Law Firm.
"Are you angry?"
Xu Zhiqian saw that Zhang Fei was in a low mood and was silent, so she couldn't help asking in a low voice.
Zhang Fei glanced at her, "It has nothing to do with you."
Xu Zhiqian twitched the corner of her mouth and muttered, "How could it have nothing to do with me."
Zhang Fei smiled wryly, and explained: "Actually, I can keep you from knowing, and the reason why I told you the truth at that time was because..."
"It's because you want me to stop you. Right?" Xu Zhiqian said anxiously.
Zhang Fei nodded and said, "But I shouldn't have thought so."
Xu Zhiqian asked: "Why? I think you have improved."
"Improve your size." Zhang Fei rolled his eyes: "A lawsuit is not about killing people for money, nor is it coercion, but about the law and reason. If you can appeal to the court, it proves that there is indeed a dispute, and you can't use force. It’s weak to judge. It’s like when I helped Cao Yanei in the lawsuit, even if Lin Fei was innocent, I had to do my best to help Cao Yanei.”
Xu Zhiqian shook her head when she heard that: "I don't agree with that."
"Why?" Zhang Fei wondered: "I'm not playing crooked ways, I'm talking about the law and reason, as long as I follow the rules, I won the lawsuit, I have no shame in my heart, and if I lose the lawsuit, I also have no shame in my heart."
Xu Zhiqian snorted softly and said, "The strong don't need to talk about the law and reason. The law is used to protect the weak. Cao Yanei's case was just a special case. But he was only afraid of the Queen Mother Cao's punishment, not respecting the law. False, in Sanya, Lin Fei was not the only coach being bullied, but most of them could only swallow their anger.
Besides, the lawsuit between Li Si and Chen Yuteng, without you, it is impossible for Li Si to win, but for Chen Yuteng, he does not need our help at all, only Li Si needs our help.
There are also Ma Tianhao and Chen Maoqian, they hired you only to avoid being oppressed by the government, not to fear litigation with the people.Someday those idiots won't be telling stories, raising prices, fishing in troubled waters, and fooling the common people. Did Chen Maoqian ask you for help?Only the weak need our help, the strong don't need it at all. "
Her concept has always emphasized the relationship between strength and weakness. If it is Cao Yanei and Fu Zhishuang who are in a lawsuit, then you can help whoever you want, but once Cao Yanei and Lin Fei are in a lawsuit, she will immediately lean towards Lin Fei.
Zhang Fei already knew her idea, and the two had argued many times, but neither could convince the other.
But today Zhang Fei frowned when he heard this, and became deep in thought.
Is this what changed me?
This is not a world where everyone is equal, at least in the legal sense.
This is an unequal world.
People like Wei Yushan can almost ignore the existence of the law. If I don't help Geng Ming, he doesn't need to fear me at all, let alone my help.
Yes!
I am not in a society with a perfect legal system, but in a period of legal system construction.
If you want to be able to have a clear conscience and make money happily no matter who you help with the lawsuit.First of all, I have to let them fear the law first, so that the two ends of the law are equal.
Xu Zhiqian glanced at him and saw that he was silent, so she said: "I have decided to help that aunt get justice, and this time I plan to fight it myself."
Zhang Fei was stunned, and said in surprise, "Are you going to fight?"
Xu Zhiqian nodded: "The imperial court allowed me to go to court with you, so of course I also have the right to help others in the lawsuit. We agreed at the beginning that I can help others in the lawsuit for free."
Zhang Fei asked: "Can you do it?"
Xu Zhiqian was a little nervous and said, "Do you think I can do it?"
Zhang Fei was immediately happy: "You don't even have confidence in yourself, so why are you fighting?"
Xu Zhiqian said: "I don't have confidence because I have never filed a lawsuit myself, I only watched you fight, and I don't know if I can do it."
Zhang Fei rolled his eyes and said: "At that time, you were asked to show off in the court, but you didn't dare. Now you are asking for trouble here to drive ducks to the shelves."
Xu Zhiqian also had some regrets, and said: "I'm not afraid of going to court, I... I'm just afraid of losing and hurting others."
Zhang Fei was stunned for a moment, and said: "You have to understand that the most important thing for us in Erbi's lawsuit is to do our best. As for the success or failure, it is decided by the presiding officer, and it is beyond our control."
Xu Zhiqian said: "I understand the truth, but I'm afraid of losing."
Zhang Fei laughed and said: "In that case, then I'll do it, I've figured out some things just now."
Xu Zhiqian glanced at him, hesitated for a moment, then shook her head and said, "I still want to try it myself, and I don't want to always beg you."
As she said that, she quickly added, "I'm not alienating you, but this is something I've always wanted to do, and I also hope that I have the ability to do it."
She has been relatively independent since she was a child, and she is not used to always relying on others. She still hopes that she has the ability to do what she wants to do.
Zhang Fei pondered for a while, then asked again: "Then allow me to be your assistant?"
Xu Zhiqian immediately said: "You must be my assistant, after all, I have been your assistant so many times."
Zhang Fei nodded and smiled, "Okay! I'll let you try this time."
Back at Xu's house, Xu Zhiqian told Xu Zun her thoughts.
After Xu Zun listened, he looked at Zhang Fei and said with a smile: "What? This small lawsuit has already failed to invite you to have your Da Er pen."
Zhang Fei wanted to die when he heard this address, and hurriedly said, "What about my father-in-law? In fact, Zhiqian doesn't charge money for the lawsuit. I want to collect money. If the aunt can win the lawsuit, it's okay to say, if If you can't win, you will have to pay a lawsuit fee, which she may not be able to pay."
"That's why." Xu Zun nodded slightly: "Although it is natural to collect money, in many cases, it also depends on the situation. This is also good, Qian'er specializes in helping people with lawsuits for free, and it won't ruin your business. rules."
It can be seen that he is partial to his daughter.
Xu Zhiqian excitedly said: "Did Daddy agree?"
Xu Zun said hehe: "When did Daddy stop you from helping others, but you must do everything according to your ability."
"It's still Daddy!"
Xu Zhiqian gave Zhang Fei a slightly contemptuous look.
Zhang Fei said with an innocent face: "I also support you very much, I just don't support myself doing this, so it's not okay."
"Don't be complacent."
Xu Zhiqian snorted and said, "When I have accumulated experience, I will never persuade you again. I will defeat you in court and make you feel convinced to lose."
Zhang Fei nodded with a smile and said: "I'm ambitious, I'm looking forward to it. It will be a pleasure for us and my wife to earn two shares of money when there is a lawsuit."
Xu Zhiqian said: "Don't even think about it, I won't take money."
".!"
Zhang Fei's expression froze, and he gave Xu Zhiqian a blank look: "It's really boring!"
Xu Zun also stroked his beard and smiled: "The old man is also looking forward to it."
Xu Zhiqian asked again: "How does daddy view this lawsuit?"
Xu Zun picked up the copy again and looked at it carefully, frowned and said: "The law of relatives and neighbors has existed since ancient times, but in our dynasty, some changes have taken place, and some details have been added. The priority of neighbors is already close to that of relatives." .”
Zhang Fei asked: "Really?"
Xu Zun asked, "Don't you know?"
Zhang Fei said embarrassingly: "I usually go to have a look when I need it."
Xu Zun smiled, and then explained: "My dynasty is still different from the previous dynasty in many ways, just like the citizens of Bianjing, the rich and the poor have no fixed status, and the fields and houses have no fixed owner. If you have money, you can buy it. If you sell, you can only rely on your neighbors, not your relatives. Therefore, when we amended the Law on Neighbors, we raised the priority of neighbors."
The Song Dynasty was a highly commercial society, and the citizens did not have too many clan ties, so everyone began to emphasize freedom and efficiency, selling a house, and going to relatives to ask first, it was really too much trouble, the court was also based on the needs of the citizens, Supplement appropriately.
In some cases, it is possible to dispense with relatives.
In addition, in terms of price, the Song court also favored market prices, and relatives could not buy at low prices.
Zhang Fei frowned and said, "But this is not a house sale, but an inheritance."
Xu Zun nodded and said: "You're right, this is also the difficulty of this lawsuit. His mother's actions seem reasonable, but in fact they are difficult to be protected by the law. This ancestral house still has to be passed on to future generations. Although the law of relatives and neighbors also applies to the right of inheritance, buying and selling is still different from inheritance, and it is difficult for the neighbor to obtain the right of inheritance while her son is still alive."
Xu Zhiqian said: "But his son is so unfilial, so can we use filial piety to fight this lawsuit? Back then, Zhang San also used filial piety to help Fang Yun escape."
"Of course I can get it, and I also think there is a certain chance of winning."
Xu Zun nodded, and said: "But the government can't just consider this lawsuit, but also consider the issue of patriarchal law. If this precedent is set, will it conflict with patriarchal law? Therefore, even if you prove that her son is not filial, There is no guarantee that the government will judge you to win. Unless you can convince the government that such a judgment will not affect the patriarchal clan, then the chance of winning will be greater."
In ancient times, there were two laws running side by side, the state owned the law, and the township had the patriarchal clan. In fact, there were many contradictions between the two.
In the process of amending the Law of Relatives and Neighbors, we actually encountered resistance from the patriarchal clan. Today's neighbors are almost, not completely equal to relatives.
Yes!
This son is very unfilial, but if you make an exception for the right of inheritance, it will have a great impact on the patriarchal clan, and even cause social unrest.
Judges must consider this issue.
Xu Zhiqian looked at Zhang Fei again.
Zhang Fei said: "Don't worry, we should still do the same as before, do our homework first, and we will always find flaws."
Xu Zhiqian nodded slightly.
(End of this chapter)
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