Northern Song Dynasty Justice

Chapter 211
In the judicial construction of the Public Prosecution Law, only the Procuratorate will be newly established.

The judicial system in the Northern Song Dynasty was the most perfect in the feudal era. It had its own branch system. The criminal investigation department also had a relatively complete system, but the quality of personnel was slightly lacking.

The Procuratorate has none.

Although some departments have some functions and powers of the procuratorate, such as Yushitai, they do not have the core of the procuratorate system.

public prosecution!

Generally for criminal cases, the procuratorate represents the country to prosecute suspects.

But now it is the government that conducts the trial directly based on the evidence from the investigation.

There is no part of the complaint in the middle.

For example, in the case of Ayun, Zhang Fei confronted the judge directly instead of facing the procuratorate, which resulted in a confrontation between the lawyer and the judge.

As far as common sense is concerned, it is impossible to win, and the judgment is in the hands of the judge. Zhang Fei won at that time, and Wang Anshi supported him in the court.

This is politics, not justice.

If there were procuratorates, this phenomenon would not exist.

It can even be said that the procuratorate is the core of the entire judicial reform.

The current separation of politics and law in Kaifeng County, if there is no support from the procuratorate in the middle, there will be no supervision in the middle, and it may even be even more corrupt than it is now.

Without this link, no matter how it changes, it will be almost the same as before.

But Sima Guang didn't want Zhang Fei to be in a hurry to become an official before. The reason is very simple. There is no public prosecution department in the court, and Zhang Fei can't use his ability when he enters the court.

Of course, there is still a bad idea hidden in him, that is, he expects that Wang Anshi's new law will definitely have problems, and the pressure from the government is not a threat, and the people must cooperate.

Litigation is a good means of pressure.

Now Wang Anshi is also constantly gaining the support of public opinion through litigation, and has the upper hand in public opinion in the DPRK and China.

Sima Guang intends to repay him with his own way at that time.

But after Zhang Fei proposed the public prosecution law, he changed his mind. With the right to public prosecution, Zhang Fei could play a greater role in the imperial court as an official.

In addition, the DPRK and China are now proposing to order Zhang Fei, a lunatic in the law.

He sees this as an opportunity.

"Thank you for your kindness, Senior Bachelor Sima, but I thought that if I entered the procuratorate now, not only would I not be able to help Senior Bachelor Sima, but it would also cause trouble for Senior Bachelor Sima."

"how do I say this?"

Sima Guang asked curiously.

Zhang Fei said: "I heard that many ministers in the court recently recommended me to be an official in the court."

Sima Guang nodded.

Zhang Fei smiled and said, "Scholar Sima must also know the reason."

Sima Guang nodded slightly, and said, "They're just scared...!"

As soon as the words came out, he suddenly came to his senses, "You mean, if you are allowed to enter the procuratorate, they may prevent the construction of the procuratorate."

Zhang Fei nodded: "What they are worried about is my accusation. If I enter the procuratorate, I will have more power, and they will even regard the procuratorate as a serious problem.

At present, everything is still under construction. At this time, the resistance should be reduced.Therefore, I think that the Sima University scholar should not recruit me, but should portray me as an enemy, which is more conducive to judicial reform. "

Sima Guang stroked his beard, thought for a while, and smiled at Zhang Fei: "Then I will wrong you."

Zhang Fei half-jokingly said: "I don't know who is wronged by that time."

Sima Guang laughed, and said again: "But you don't want to stay out of it, you still have to go to the Imperial College to teach."

Xu Zhiqian asked in surprise, "He went to the Imperial College to teach?"

On his pen, the Imperial Academy teaches those Jinshi?

Just don't be too outrageous!
Sima Guang sighed helplessly: "I don't want to either, but when it comes to the means of litigation, no one in court can match your husband."

Zhang Fei smiled modestly, suddenly remembered something, his eyes lit up, "Yes!"

Sima Guang asked, "What?"

Zhang Fei said: "The emergence of the procuratorate, isn't it to give us Erbi a legal position in litigation?"

Sima Guang was stunned for a moment, and thought, yes, it doesn't make sense that the imperial court takes the lead in prosecuting and not allowing the people to legally litigate!He thought for a while, and said, "You should prepare well, the legal aid issue should not be a big problem."

Zhang Fei nodded and said: "Scholar Sima, don't worry, I will definitely do my best in this matter, and I will definitely not cause Grand Bachelor Sima to be criticized."

After discussing the matter, Sima Guang left.

"Are you really not going to be an official?"

After sending Sima Guang away, Xu Zhiqian asked Zhang Fei.

Zhang Fei wrapped his arms around her waist and said with a smile, "What? Do you really want me to be an official?"

Xu Zhiqian said: "We discussed this matter before. No matter how capable Erbi is, the people he can help are extremely limited. If you want to help more people, you can only become an official."

"good."

Zhang Fei nodded, "But now is not the time, because it is not clear how much power prosecutors can have, and they are checked and balanced by those officials. Let’s wait until the situation becomes clear before making plans.”

Xu Zhiqian nodded slightly.

She is also aware of the open and covert struggles in the court. In fact, she is not urging Zhang Fei to become an official. She just wants to know what Zhang Fei's plan is.

Of course, she still hopes that Zhang Fei can enter the court as an official and be able to plead for the people.

"Cough cough!"

Suddenly there was a cough at the door.

Xu Zhiqian turned her head to look, and saw Fan Li looking at the two of them with a strange expression.

What do you mean?
Xu Zhiqian didn't react for a while, she turned her head to look at Zhang Fei, and suddenly came to her senses, she quickly broke free from Zhang Fei's hand, took a step back, and gave Zhang Fei another hard look.

Zhang Fei didn't think there was anything wrong, he chuckled, and said to Fan Li: "Mr. Fan, you came just in time. I have something to discuss with you."

The three went back to the backyard and sat down, Zhang Fei said: "I have already made a decision on whether to file a lawsuit for free, and that is to cooperate with the government and provide legal aid."

"Legal aid?"

Fan Li doesn't know why.

Zhang Fei explained the specific operation method to Fan Li again.

Fan Li frowned after hearing this, but said: "If this is the case, we might as well send someone to help."

Zhang Fei asked: "Why?"

Fan Li said: "If you cooperate with the government, it will never be the government that suffers. I'm afraid that this kind of legal aid will become a kind of government service, and our business will be over."

For the same thing, people and officials have completely different perspectives.

Fan Li was also a knife and pen official. When he heard about this, he thought it was a free service for the court, and it might evolve into a kind of government service.

Everyone's face changed when they heard about the front of the Yamen.

Zhang Fei smiled and said: "Don't worry about the industry, it may be reasonable for you to think this way, but in our industry, your worries are completely unnecessary. I still say that, we, Erbi, must defend the law. Defend justice, otherwise, we will not be able to do it in this business, but if we want to defend the law, how can we become a frontier?"

In addition, as far as the present is concerned, if we can provide legal aid to the imperial court, then Chashiren and Erbi will gain a legal position in litigation, and the government must accept Erbi to go to court to litigate. "

Fan Li nodded thoughtfully.

indeed!

Erbi is different from other industries. If you want to be active, you must have some confrontation with the government, at least in the judiciary. If you blindly follow the government, then for the government, what difference does it make if you have you or not?

Based on this, it is impossible for Erbi to become a Yaqian officer.

Fan Li asked again: "Then what are you going to do?"

Zhang Fei didn't answer but asked instead: "Did someone in the store say that I took special care of Qiu Zhengwen?"

Fan Li was stunned, and asked, "Who did you hear that from?"

Zhang Fei smiled and said: "I guess. I really want to train Qiu Zhengwen, so you don't need to think about it. Some people will definitely feel dissatisfied."

Fan Li said with a sneer: "Some people are not convinced."

Zhang Fei nodded and said: "Just right! This legal aid can solve this problem very well. Let them take turns to provide legal aid. When they become famous there, someone is willing to pay them for a lawsuit, and then return to the office. Become our partner."

"It's not impossible." Fan Li nodded, and asked again: "Then shall we still pay?"

Zhang Fei said: "Let Er Bi's salary be lowered, and the rest will remain the same. How much they can earn depends on their ability. It is impossible to dawdle in our shop."

Fan Li nodded.

Zhang Fei glanced at Xu Zhiqian again, and said, "Leave this matter to Zhiqian, you still manage the store, anyway, you don't really like doing this free work."

Fan Li laughed twice, "Okay, I'll listen to you."

Zhang Fei said again: "I would like to trouble the staff to inform them, we will hold a meeting later to discuss the details."

"Alright then, I'll notify them first."

After Fan Li left, Xu Zhiqian glanced at Zhang Fei, and murmured, "Zhang San, do you think I'm not suitable for litigation?"

Zhang Fei was stunned, "No! Why would you ask such a question?"

Xu Zhiqian said dejectedly: "You just asked me to arrange this matter, which means that I will not be allowed to go to court to argue again."

Zhang Fei said with a smile: "Your lawyer Xu is very famous now, if you go to provide legal aid, people will come to you, just like now, this will break the rules, you can still go to court to argue, But there has to be a fee."

Xu Zhiqian seemed a little reluctant, she always felt that justice cannot be measured by money.

Zhang Fei knew what he was thinking, and said again: "Zhiqian, don't worry, let's set up this arena first, attract more talents to enter this industry, and make the whole system work well. At that time, you will provide legal services for free. Aid, or fees, it's all up to you."

Xu Zhiqian glanced at him and nodded: "I don't understand this very well, I'll listen to you."

Zhang Fei let out a sigh of relief.

It's not easy!

This legal aid can well resolve some disputes between him and Xu Zhiqian.

Moreover, both procedural justice and substantive justice can be taken into account.

Kaifeng House.

"Prefect Lu, I just heard the news that we have encountered some problems in the land investigation."

Li Kai walked into the hall quickly and reported to Lu Gong.

Lu Gong's expression tightened, and he asked, "What's the problem?"

As long as land is involved, it must be a big problem!
Li Kaidao: "Prefect Lu should know that the land of many big landlords is rented out to tenant farmers, rather than cultivated by themselves."

Lu Gong nodded his head.

Li Kaidao: "And this includes a large amount of white deed land, which is leased to tenant farmers. Since there is no need to pay taxes, the landlord will share the tax money equally. Although the landlord gets more, the burden on the tenant farmers is indeed light. Some, but their contracts stated that the tenant farmers should bear all the taxes, and now the government wants to check the white deeds. These tenant farmers have paid half of the taxes before, and now they have to pay all the taxes, which has attracted many people. It's full of complaints!"

Lu Gong frowned and said, "Those landlords are also willing to let the tenants bear all the burden?"

Li Kaidao: "That's what's stipulated in the contract, and!"

Lu Gong wrote: "And they deliberately instigated it?"

Li Kai nodded.

"It really makes no sense!"

Lu Gong angrily smashed the book in his hand on the table.

(End of this chapter)