Northern Song Dynasty Justice

Chapter 576 No Choice
clap clap clap!
"it is good!"

"Good verdict!"

The people watching the trial sent Naluo Dawu to the court with applause and cheers.

Even the gangster has not appeared. It seems that throughout the ages, people have hated this old man very much.

Luo Dawu was already depressed to death. Hearing the applause, he couldn't help cursing: "I didn't owe you any money for what you did."

"You still curse, you don't want to escape in the future, we will all stare at you."

"Yes, we'll all be watching you."

Luo Dawu was so frightened that he didn't dare to speak, and left quickly with his head buried.

However, laymen watch the excitement, while experts watch the way.

Taking advantage of this gap, the officials were also whispering.

A trainee prosecutor asked Su Zhe in a low voice: "Procurator-General, it seems that there is no such penalty in the Song Xingtong?"

Another asked: "Did the chief judge make a mistake? According to the miscellaneous laws of the "Song Xingtong", all public and private individuals who use their property to raise money will be allowed to rely on private contracts, and officials will ignore them. Remuneration and service are taken from indoor male mouths.

But this is not the same thing as exorcising labor. "

Su Zhe said: "Chairman Zhang has the power to change some regulations and punishments, and it is unlikely that he made a mistake, because he has Director Xu and four assistant judges by his side."

Having said that, he turned around and said to the six interns: "But his power will be supervised by our procuratorate, so you should think about it carefully, what is the difference between the two, and which punishment is better?" good?"

The inspectors looked at each other in blank dismay, as if they didn't have much clue at the moment.

Most people who studied the law in ancient times still memorized it by rote, so Xu Zun became a miracle in the legal world. He is very flexible and good at thinking in this respect.

"Labor enforcement?"

Lu Shen nodded thoughtfully, and said, "This judge really lives up to his reputation!"

Zheng Xie beside him said, "Brother Jiefu, why did you say that?"

The friend on the side also asked: "What's the difference between this and the discount for service?"

Lu Shen said with a serious face: "This servitude is actually a disguised form of selling debtors into slavery, but they are usually exploited because of this, and the power to repay is far more than the debt owed. Even many creditors Taking the opportunity to occupy his wife and daughter, but there are also some people, such as Luo Dawu, who are rascals who turn against customers and make creditors miserable. Therefore, in recent years, those fair and honest officials generally will not be sentenced in this way.

In comparison, it is obviously a better choice to sell your labor. The two parties are still in a contractual relationship, and the person who pays and supervises is not the same person, which also avoids the disadvantage of discounting remuneration for service. "

He has been working as a county magistrate in other places all year round, and he is very clear about this. The consequences for the people will be even more painful if they are sentenced to service, and the people will bear the consequences. Space for landlords to play games.

This is also an important basis for Sima Guang's opposition to the Young Crop Law. There is room for the common people to compete with the rich.

Zheng Xieshu nodded: "That makes sense."

Zhuo Qun said: "If you want to say who is better between the two, it is natural that the labor force is better. But it will also bring more troubles to the imperial court, and it has to be supervised, and there is also the labor force, which is better. It's simple, and the follow-up has nothing to do with the government, and it's still limited to transactions between the people, which is more in line with the private contract of the people, and the officials don't care about it."

In the end, the compensation for service is to limit the matter between the creditor and the debtor. The government only makes a judgment, but the government needs to participate in the sale of labor.

Cai Yanqing said with a smile: "This is why the government and the law have to be separated. In the past, the government's affairs were complicated and difficult to take care of. Now the imperial court is dedicated to the judiciary. They are capable of doing so."

Zhuo Qun nodded straightly, "This is indeed a major advantage of the separation of politics and law."

In fact, the laws of the Song Dynasty were well stipulated. Since the sale of wives and children could not be forced, neither could the forced sale of land and cattle.

But the problem remains, poor efficiency.

To put it bluntly, it is execution.

After a short rest, the trial of the second lawsuit will soon begin. For this kind of civil lawsuit, the imperial court also pursues a little efficiency. If you spend too much energy on this kind of dispute, when you encounter a big case, Can't be bothered at all.

The same goes for debt disputes.

It was a landlord named Weifangcheng who sued a farmer named Chen Liugen.

This is a typical usury lawsuit.

As a result, the crowd who watched outside immediately had a clear camp. Of course, ordinary people hope that the farmers can be sentenced lightly, because they are also likely to borrow usury.

The landlords and gentry, such as Liu Changqing, were relatively apprehensive. Of course they hoped for a heavy sentence, but they no longer had much trust in Zhang Fei.

As for the officials, they are quite looking forward to it.

In fact, a case like this is really too common, and it is precisely because of this that class conflicts are deepening day by day, which is actually one of the reasons why the Youth Law came into being.

In other words, in fact, the government did not deal with it well, so it will become more serious. If the judiciary can control it well, Wang Anshi has no reason to introduce the young crop law.

It can be seen that the party struggle in Xining was the basic appearance of Song Dynasty society.

Various problems can be seen from Wang Anshi's new laws and regulations, and various problems can also be seen from Sima Guang's refutation of theories.

This kind of problem is not necessarily contradictory, and may exist at the same time. Solving one part of the problem may magnify another part of the problem.

After carefully reviewing the pleadings again, Zhang Fei raised his head and shouted, "Weifang City."

"exist."

But seeing the middle-aged fat man standing alone with his big belly, he responded.

Zhang Fei said: "According to the pleadings and the promissory note you handed over before, if the interest on your promissory note is converted by the interest method stipulated by our imperial court, we estimate that it must be more than double, but you also stated in the pleadings that, Interest rates can be cut in half, so are you willing to keep that now?"

Wei Fangcheng nodded again and again and said: "Reserve! I am willing to retain! This IOU was established before the imperial court made legislation on interest, but Xiaomin also respects the imperial court very much, so Xiaomin is willing to take the initiative to reduce the interest to the imperial court. within the rules."

Lick the dog!

Big licking dog!

Some landlords are very upset about this!

Are you not voluntarily surrendering?
It is simply the scum of the landlord world!
The officials are also quite unhappy, you are bullying the weak and fearing the hard!
Shall we lose face?

Don't fall into our hands in the future.

Zhang Fei smiled and nodded: "Thank you very much for your support. In fact, our imperial court will not investigate whether the previous contract is in compliance, but the interest must not be calculated like this."

As soon as this remark came out, many people couldn't help showing joy on their faces.

This fully shows that the imperial court's decrees must be strictly enforced.

In the past, the government also had many restrictions, but they were useless. Many officials almost ignored this matter and let the people solve it by themselves.

Zhang Fei turned his head to look at the 28-nine-year-old man on the right, with his head down, frightened, "Chen Liugen."

"Little people are here."

Chen Liugen trembled violently.

Zhang Fei said with a smile: "Don't be afraid, our imperial court doesn't play tricks."

Chen Liugen nodded dully.

The officials looked at Zhang Fei unhappily, who are you implying?

Zhang Fei asked: "According to the IOU, there is a guarantor named Wu Ji, why didn't he come today?"

Chen Liugen hurriedly said: "I didn't let him come here. It doesn't matter about Brother Wu. At that time, Brother Wu also wanted to help me. Now he still has a lot of work to do at home. I...I don't want to involve Brother Wu again. will bear it all.”

The debtor still has a natural fear of the government, and going to the government is definitely not a good thing.

This imperial court will not be able to change for a while.

Zhang Fei said with a smile: "You cannot decide on the summons from the imperial court. Those who receive the summons should try their best to attend if there are no special circumstances, but let's forget it this time. If necessary, we will pass on the martial arts again. "

"Thank you, President, thank you, President." Chen Liugen thanked repeatedly.

Zhang Fei nodded with a smile, and asked again: "According to the IOU, you have borrowed three sums of money from Weifang City for fifteen guan. What the chief judge is curious about is why you borrowed such money?"

Chen Liugen said: "It's treating children."

"Really?" Zhang Fei asked with concern: "I don't know if your son's illness can be cured?"

"Okay! It's ready!" Chen Liugen nodded flattered.

"That's good!"

Zhang Fei breathed a sigh of relief, don't borrow the money, the disease has not been cured, it is really a tragedy, but there are many such tragedies, and asked: "Then have you thought about paying back the money?"

"Have."

Chen Liugen nodded straightly and said: "Actually, Xiaomin has always paid back the money. Except for the family's food and drink, Xiaomin took all the rest to pay back the money, but the more money is paid, the more Xiaomin is. Really. I can't afford it."

"is it?"

Zhang Fei said: "Then how much did you pay back?"

Chen Liugen scratched his head and said, "I don't know the specifics of Xiaomin. Xiaomin grows some vegetables, raises hens, and earns some money from doing odd jobs. They will send them to Wei's family immediately."

Zhang Fei looked at Wei Fangcheng, "Is what he said true?"

Wei Fangcheng hurriedly said: "Chief judge, these three IOUs of mine are all due in three months, and now they have expired long ago, but he has been procrastinating on paying them back. The money can only be regarded as the interest of the delay, if not Seeing that their family is pitiful, Xiaomin won't want those."

Xu Zhiqian whispered: "About this matter, I asked Li Si to inquire about it. Chen Liugen really couldn't afford it, so I sent it to Weifang City if I had some spare money. If I like him, I can postpone it for a few days. Is it possible to calculate the interest? It’s really hard to identify, the key point is that they didn’t have written evidence.”

"I see."

Zhang Fei nodded and asked Wei Fangcheng: "Then why did you sue Chen Liugen to the imperial court this time? Is your family in urgent need of money?"

Wei Fangcheng said: "That's not true, it's just that it was agreed at the beginning that the Chen family and the Wu family used the land as collateral to borrow money, but now they can't pay back the money, I didn't force them to hand over the land deed to me immediately, I just said, Before they pay back the money, I will treat them as tenant farmers of my family. The grain in this field will be divided into [-]% and [-]%. I will get [-]% and they will get [-]%. I have no choice but to come to the imperial court to file a complaint."

Cai Jing muttered: "This person is really shrewd."

Ye Zuqia asked, "Where did Cai Da say that?"

Cai Jingdao: "Today the tax is collected according to the land deed, but before the imperial court stipulated that the tenant farmers should not bear the land tax. According to him, the land belongs to him, but the tax is not required to be paid, and Chen Liugen will never pay it back."

"So that's how it is." Ye Zuqia sighed: "How can these self-cultivating farmers be the opponents of these cunning wealthy households."

The officials all looked at Zhang Fei. They didn't need to think about this problem. They encountered too many problems, but often they didn't have many solutions.

Zhang Fei just nodded, then looked at Chen Liugen, "Is what Wei Fangcheng said true?"

Chen Liugen pleaded: "Chairman, if I give him [-]% of the food, then my family will not survive next year at all, and I'm not saying I won't give it, I want to give him a stone of food first." , let him accommodate."

Wei Fangcheng snorted, "You owe me more than twenty pennies now, and one stone is only worth a few hundred Wen. When do you want to pay it back?"

Zhang Fei asked Chen Liugen again: "Chen Liugen, how much land does your family have?"

When Chen Liugen heard this, he burst into tears immediately, "Mr. Judge, please forgive me! My family only has ten acres of land left, and now the whole family of five, old and young, live on ten acres of land."

"Don't cry yet."

Zhang Fei said: "I have to ask these questions clearly before I can make a judgment. You said that your family only has ten acres of land, but you have to support five people?"

Chen Liugen sobbed a few times, "Xiaomin, Xiaomin also rented [-] acres of land from a rich family in the village to cultivate."

Zhang Fei continued to ask: "What about your wife?"

Chen Liugen said: "Xiaomin's wife has to take care of two children and an elderly mother at home. She can only sew and mend, do some odd jobs and earn a little money."

Zhang Fei asked again: "How old are your two children?"

Chen Liugen said: "My daughter is already ten years old, and my son is only five years old."

"Where's the mother?"

"My mother is 46."

"46?"

Zhang Fei thought for a while. In the Song Dynasty, almost all of these 46 were grandma-level figures. Of course, they were regarded as elders. He continued to ask: "Then your wife usually has to take care of children and the elderly, so how can she have time to do odd jobs?"

Chen Liugen said: "My daughter is quite sensible and can help take care of my younger brother. If my mother is in good health, she will also help with cooking. It is some heavy work that Xiaomin's wife has to do."

Zhang Fei nodded and asked again: "How is your wife's sewing?"

"Xiaomin's wife is fairly handy."

After Chen Liugen answered, he looked at Zhang Fei again in confusion.

The Weifang City next to it is also like a monk Erzhang who can't figure it out. This is a case trial, or is it just talking about homework!
The ironclad evidence is so strong, can't you just pass the judgment?

Give me the land, and then force him to work hard to sell it, that's almost the same.

"Ah."

Zhang Fei nodded, thought for a while, then looked at Wei Fangcheng and said, "Wei Fangcheng, how do you want Chen Liugen to repay your debts."

Wei Fangcheng said: "Xiaomin knows that his family is also in trouble, and he doesn't want to force him to mortgage the land to me. Anyway, before he pays off the land, he will treat the land as his renting my house, and I am willing to give Zhang Zhang a face. , the annual harvest can be fifty-five cents."

Zhang Fei smiled and nodded: "Thank you very much for being kind to the chief judge, but do you think that the family can survive with such repayment?"

Wei Fangcheng hesitated for a moment, "Mr. Zhang, I was kind enough to lend money to his son for medical treatment. I can't. I can't let me not want the money."

"of course not."

Zhang Fei said: "It's only natural to pay back the debt, so our imperial court must first protect your rights and interests, and try to ensure that you can get the legal interest and principal."

"Thank you, President, thank you, President." Wei Fangcheng nodded excitedly.

Zhang Fei glanced at the paper again, "You are now suing for a total of 25 yuan including principal and interest."

Wei Fangcheng nodded: "Yes."

Zhang Fei said: "That's good! Just use this amount as the standard, without adding any interest. Within one and a half years, Chen Liugen must pay off all the debts, which is 25 Guan."

In fact, the interest rate is still high. If Weifang City did not voluntarily lower the interest rate by half, Zhang Fei would definitely not give so much, but there is no way. The new law governs the old affairs, and some accommodation must be given.

Interest cannot be completely restricted.

Wei Fangcheng took the initiative to back down a step, and the imperial court also had to back down.

But after he finished speaking, Weifang City was already dumbfounded.

The key point is that Chen Liugen is also panicked, how can he pay off in a year and a half!

Unless their family eats once every two days.

Wei Fangcheng said embarrassingly: "Chief judge, this year and a half is a bit too long. At that time, the contract was to mortgage the land, but now it has already expired. Shouldn't the land be awarded to the small people?"

"You're right, and you should be."

Zhang Fei nodded, but then said: "If you can prove that Chen Liugen mortgaged these lands to you and can still maintain their family's basic living security, then I will definitely award these lands to you."

Wei Fangcheng was silent, but obviously dissatisfied.

It's none of my business.

Zhang Fei seemed to see what he was thinking, and said: "As I said just now, in debt disputes, our imperial court must first protect the legal rights and interests of your creditors. If Chen Liugen's family has extra money, we will not return it to you." , our imperial court will naturally enforce it.

But we must also ensure the basic living security of the debtor, because it involves the interests of the country and the monarch. If their family loses their livelihood, they may starve to death on the side of the road, or they may commit illegal acts, which will destroy The stability of the place, and defending the interests of the country and the monarch, are also the highest principles of our royal court's judgment, and likewise, it is not allowed by the law. "

This sounds scary, how dare Wei Fangcheng speak.

Zhang Fei continued: "I know you may be dissatisfied, after all, it has been a year and a half, and there is no interest in the middle, but first of all, you are not in urgent need of money, and this will not affect your life.

But if they are asked to pay it off today, it may cause their whole family to starve to death.

So, it's really a no-way solution, maybe it's not perfect, but there's no other way. "

Wei Fangcheng plucked up his courage and said, "But in the previous lawsuit, the chief judge did not judge like this."

This question just asks the confusion in many people's minds.

Zhang Fei smiled and said: "You asked very well. These two lawsuits are disputes over money and debts, but the judge's judgment standards are somewhat different. He didn't pay back a penny, and it's not that he didn't earn money, he just used it for gambling.

And Chen Liugen is trying to repay the money. He borrowed the money out of helplessness, and it was also out of helplessness that he failed to pay. Our different judgments are also based on this. For our imperial court, integrity is very important.However, the president of the court also gave Luo Dawu a chance before.

In comparison, Chen Liugen deserved this opportunity even more. "

Wei Fangcheng glanced at Chen Liugen secretly, saw that he was flustered, and had an idea, yes!He still hasn't made it in a year and a half!So he said: "Since the judge has said so, then I will obey, but if he still doesn't come up, what should I do?"

Zhang Fei said: "Our imperial court will ensure that all the remaining money except their family's living security will be used to repay the debt. If it is still not paid, then it can only be postponed."

Weifang City was completely speechless.

Zhang Fei changed the subject: "However, since the judge set the date, it can be guaranteed that he will attend."

Chen Liugen suddenly said: "Chairman Zhang, Xiaomin!"

Before he could finish speaking, Zhang Fei pointed at Ma Xiaoyi beside him and said with a smile, "Say hello to Sergeant Ma."

Chen Liugen was stunned for a moment, and saluted, "Hello, Sergeant Ma."

Zhang Fei said: "It happens that the police department has a batch of uniforms to make, you can ask Sergeant Ma to make some uniforms for your wife, and you should be able to pay back the money when the time comes."

Chen Liugen was overjoyed immediately, "Sergeant Ma!"

He had just opened his mouth when Ma Xiaoyi said boldly: "A small matter! A small matter."

Zhang Fei asked with a smile: "Sergeant Ma, do they have a branch office in the village?"

Ma Xiaoyi said: "It should be something."

Zhang Fei said: "Sergeant Ma will tell you to ask Chen Liugen to contact the branch office."

Ma Xiaoyi nodded, and said to Chen Liugen, "Old Chen, have you paid your taxes?"

"Done! Handed in!"

"You go to the place where you pay your taxes and ask, and they will tell you what to do."

"Thank you Sergeant Ma, thank you President Zhang, thank you, thank you."

"Thank you Chief Judge!"

"Thank you Chief Judge!"

At this time, bursts of shouts suddenly sounded outside the courtyard.

But seeing those common people were rejoicing, they felt happy for Chen Liugen from the bottom of their hearts, and maybe they were also happy for themselves.

Zhang Fei hit the gavel mercilessly, "Silence! Silence!"

The cheers stopped abruptly.

But some people still had tears of excitement in their eyes.

In the past, if this was the case, it was inevitable to sell your wife and land. It is impossible to delay it for another year and a half, and even find a job for you.

Compared with the previous government, that is a fart.

Zhang Fei said to Wei Fangcheng again: "Wei Fangcheng, if you have no objection, you can sign a repayment contract with Chen Liugen later."

Wei Fangcheng looked displeased, "Since Judge Zhang made the sentence, Xiaomin can only obey, but Xiaomin has something to say, and I don't know whether to say it properly."

Zhang Fei asked: "But it's okay to say."

Wei Fangcheng said: "Chairman Zhang makes such a sentence, I'm afraid that few people will dare to lend money to others in the future."

"This borrowing money is a matter of your own will, and it is not illegal to borrow money."

Speaking of this, he looked around and said loudly: "But as far as I know, the government will implement the Young Crop Law recently, and the promotion of the Changping Division will lend to the needy people with a monthly interest of two cents. I don't know the details. Clearly, if there is a need, you can go there and ask yourself."

　These two days may be a chapter, because I can only use nine fingers to measure, but I will try to measure more.

Please forgive me!

　
(End of this chapter)