Northern Song Dynasty Justice

This Fan Zhen was no longer a bachelor of the Imperial Academy, he was just a member of the Legal Aid Department.

He cannot make the decision. The real decision-making power lies with his employer, or more precisely, in the hands of the group of people behind his employer.

What he has to do now is to perform the duties of an Erbi. After returning, he will immediately inform his client of the result of his discussion with the other party and the imperial court. As for whether to agree to this plan, he has no right to decide for them.

However, regarding the plan proposed by Zhang Fei, Chen Ming also needs to discuss with the officials, because the tax department is only responsible for pursuing Bai Qi's tax evasion. He can decide to ask Bai Qi to pay back the tax, but he has no power to decide whether to exempt half of the tax. deed tax.

This requires the consent of the government.

Forwarding Division.

When Chen Ming looked serious and informed the officials of their discussion with the imperial court, they got contemptuous looks in exchange.

Compared with Zhang Fei and Yuan Jiang's double reeds, this time Zhang Fei and Chen Ming's double reeds were relatively rough. Fan Zhen saw it, and the officials also saw it long ago.

There must be something tricky between you.

Therefore, when Chen Ming discussed the imperial court's suggestion with the government, Wei Yingfang resolutely rejected it.

"I don't agree."

Wei Yingfang said bluntly: "Those people use white deeds to evade taxes, why the government exempts them from half of the deed tax. This is simply a joke in the world."

Chen Ming explained: "This is mainly because the other party also has the handle to overcharge the deed tax by the government, and our tax department has also calculated it. If everyone is willing to pay the deed tax back, the government can still generate an extra income."

Cai Yanqing nodded slightly.

The main reason is that the government did not intend to collect this deed tax. This plan was created from scratch, and the government is sure to make money without losing money.

Because there are a lot of white deeds among the people, if the money can be collected within a year, life in Hezhong Mansion will be very easy next year.

After all, land and house transactions are big deals, not ordinary deals.

Of course Wei Yingfang also understands, but he is deliberately finding fault. Your tax department was so strong before, and you want to discuss it with us now. What do you think we are?Asked: "Can't the tax office go after them in full?"

Chen Mingdao: "The main purpose of our tax department to sue this matter is not to recover the previous deed tax, but to prevent someone from using the white deed to evade taxes in the future. Therefore, we also support the plan of the imperial court, but it is not It has to be done, and if you think it is inappropriate, we will obey the order and refuse to accept it."

obey orders?

Many officials felt a little weird, even ironic.

Chen Ming added, "Because our tax department does not have the power to decide this matter."

After hearing this, the surrounding officials were not only displeased, but also upset. Since the introduction of the Public Procuratorate Law, everyone has been following the rules, how can this be done.

Yuan Jiang suddenly said: "If we refuse to accept the proposal of the imperial court, what will you do?"

Chen Mingdao: "Whether this white deed has legal effect is not our decision, but the power of the imperial court. Our tax department only enforces the tax law. Regardless of whether the white deed has legal effect, it is evidence of tax evasion. Our tax bureau The company will not let these white deeds go, and we will conduct a thorough investigation."

Cao Yi smiled and asked: "Chen Tax Envoy, there are a lot of white deeds in this folk, can your tax officer check it out?"

Chen Ming asked back: "Could it be that if you can't check it out, why don't you check it?"

Cao Yi was at a loss for words for a while.

Chen Ming said again: "If one is found, we will continue to investigate until the white deed is eliminated."

Wei Yingfang, who was still strong just now, had a flash of guilt in his eyes. He felt that Chen Ming's words concealed a threat, so he said, "But this may also cause turmoil in the Hezhong Mansion."

Chen Mingdao: "We are only responsible for collecting taxes according to the law, and everything else has nothing to do with us."

Wei Yingfang said angrily: "So our government's duty is to deal with the aftermath for you?"

Chen Ming suddenly glared at them: "Wei Tongpan, did you make a mistake? Now we are taking care of you. If you hadn't overcharged deed taxes, if you hadn't tolerated Bai Qi and raised adulterers, why would our tax department be like this?"

Wei Yingfang was immediately stunned speechless.

Yuan Jiang suddenly said: "Chen tax envoy, this matter is very important, we have to discuss it."

Chen Ming nodded, then stood up, "Farewell."

This guy doesn't understand the world at all, and he leaves after talking about the business, never staying a moment longer.

After Chen Ming left, Wei Yingfang immediately said: "Scholar Yuan, Prefect Cai, this guy is playing tricks and putting on airs. If they really dare to investigate, why are they playing a show with the imperial court? They are treating us like idiots." play."

Cai Yanqing said: "But what if they are looking for a reason for the tax department to use force in the future?"

Cao Yidao: "But do they really dare to do this? Or are they betting that we dare not?"

The officials looked at each other with uncertainty in their eyes.

After Wei Yingfang and the others left, Cai Yanqing looked at Yuan Jiang resentfully like an old grieving woman.

Yuan Jiang hurriedly explained: "This matter really has nothing to do with me, but I can also be sure that if we don't agree, the tax department will definitely conduct a comprehensive investigation."

Cai Yanqing couldn't help frowning, "Then what should we do?"

Yuan Jiang said: "Cai Zhifu has always been more concerned with the stability and finance of Hezhong Prefecture. We all know that this plan will not only help the stability of Hezhong Prefecture, but also improve its finances."

Cai Yanqing nodded slightly: "So we have no reason not to agree."

Yuan Jiang smiled and said: "But if the other party refuses, then it has nothing to do with us. Wei Tong judged that they should be on the other side, not on our side."

On the second day, Liang Youyi came to Wei Mansion.

"Mr. Liang also knows?"

Wei Yingfang asked.

Liang Youyi nodded, "Yesterday, Xueshi Fan told us about their negotiations with the imperial court and the tax department. This white deed exists widely among the people, so does the tax department really dare to investigate?"

"We really can't say for sure."

Wei Yingfang sighed, "This is definitely a drama played by the tax department and the imperial court, but I just don't know whether what they want is to pay back the deed tax or to recover the deed tax."

Liang Youyi said: "Don't the government have the right to stop the tax department? If it is really pursued, it will definitely cause public resentment."

Wei Yingfang said: "The government only has the right to prevent the tax department from accepting this plan, because whether to exempt or not is the authority of the government, and the tax department is only responsible for collecting taxes. It is precisely because of this that we have no right to stop them from pursuing deed taxes. It is indeed tax evasion."

He hates other people's rules, but he doesn't know that he has also been infected, talking about authority, but keeping his mouth shut about rules.

Liang Youyi frowned, "Then what should we do now?"

Wei Yingfang shook his head in distress and said, "I don't know either." Then he looked at Liang Youyi, "What are you going to do?"

"If we know, we won't rush to discuss with you."

Liang Youyi sighed, and said again: "And don't forget, we planned to divide the land into pieces before, but if we have to pay a [-]% deed tax, it might be more than paying the tax!"

"Yes! How could I have forgotten this?"

Wei Yingfang slapped his forehead, and immediately looked at Liang Youyi and said, "Do you think that's their idea?"

Liang Youyi nodded and said, "I think it's very possible."

Wei Yingfang couldn't help sighing: "This is really troublesome!"

He has been an official for many years, and has never encountered such a situation, and the source of all his troubles comes from the rules.

In the past, the power was concentrated in the hands of the government. As for how to do it, the officials can discuss it. They can pamper Bai Qi and raise rape, or they can severely crack down on tax evasion.

It can be seen that they are above the rules, and whether they go left or right is only the result of discussions among officials.

But this time is obviously different, because there are so many people who are following the rules.

The Department of Taxation does not have the authority to make a breakthrough to decide whether to exempt taxes, but to throw this issue to the government. You decide, and your decision will determine our tax collection plan.

In a sense, the government is still above the tax department, and the tax department is just the executor, but the government has no right to control the rules, and they cannot prevent the tax department from collecting taxes according to law.

It is impossible to make peace with each other, because the rules are set in this way. The white deed is tax evasion, and the tax department has the right to hold them accountable. But once the tax department takes action, although it will inevitably cause chaos, those big rich people, He also holds a large number of white deeds.

Now the government can only bet on whether the tax department dares to pursue Bai Qi's tax evasion responsibility.

Regarding the solution proposed by the imperial court to this lawsuit, it was quickly spread, but the people were extremely struggling, with voices of support and voices of opposition.

The side that supports it is of course based on the trust in the imperial court, because in this plan, the imperial court has asked the tax department to guarantee that it will not overcharge deed taxes in the future, which is very important to the common people.

After all, not every commoner dares not to pay the deed tax. The government sometimes arrests and sometimes does not arrest. The government, who collect the deed tax, they also have tasks every year. If it doesn't matter, they have to pay the tax honestly.

As for the opposing party, the reason is very simple and rude. It was all well and good, but you asked me to pay back the [-]% tax. Those who hold the white deed in their hands are definitely not willing, unless the previous deed tax is exempted, that's about the same.

But this kind of complicated voice also provides a room for negotiation among the three parties.

Those big landlords used the mouths of the people to express their thoughts to the Legal Aid Department. They hoped that all the deed taxes of the previous Bai Qi would be exempted. As long as the government does not collect taxes excessively, then we will definitely pay the deed tax.

Fan Zhen didn't object to this plan, so he went to the tax department to discuss it.

But Chen Ming resolutely refused. If tax evasion will eventually become tax exemption, and the reason is that there are too many tax evaders, then this is a terrible thing, and it will seriously affect the work of the tax department. Those big landlords, big gentry, and even officials, if they go to pay taxes, who would dare to overcharge their taxes? Everyone is in the officialdom and knows all about these things.

Moreover, Chen Ming once again expressed to Fan Zhen that the reason why the tax department agreed to exempt half of the deed tax is mainly to bear the responsibility for the government.

It can be seen that Chen Ming is very fair and shows no mercy to anyone.

royal court.

Zhang Fei was sitting by the stove, holding a copy of Song Xingtong, and looked at it carefully. There was nothing he could do. Don't be stumped by those young people on some very simple questions.

And Gao Wenyin sat aside, silently making tea for him.

At this time, Xu Zhiqian suddenly came into the room, "Usually you are asked to read, but you don't read, but now you are in the mood to read."

Zhang Fei asked: "Did the Legal Aid Department and the Taxation Department reach an agreement?"

Xu Zhiqian nodded and said, "I heard from Cai Jing that the tax department has rejected the tax exemption proposal of the Legal Aid Department."

Zhang Fei slightly shrugged and said, "The tax department has the right to refuse."

Xu Zhiqian was slightly worried: "But if they don't accept your plan, what should I do?"

Zhang Fei said disapprovingly: "I have already told them, if they don't accept it, how will our imperial court judge."

Xu Zhiqian said: "But the tax department really pursued Bai Qi's tax evasion, wouldn't this be a problem?"

Zhang Fei spread his hands: "The duty of the Taxation Department is to collect taxes, and the Bai Qi is to evade taxes. The rules are set like this, and I have nothing to do. Our imperial court must act according to the rules, so as to be able to convince the public."

Gao Wenyin suddenly said: "Those big landlords have so much money, and now they have been found out, why are they not even willing to pay this little money? Are they really not afraid of death?"

Zhang Fei said with a smile: "Of course they are afraid of death, but they know that they will not die now, and what they are fighting for is not the little money, but their privilege."

Gao Wenyin shook his head lightly, "I still don't understand."

"It's a good thing not to understand!" Zhang Fei glanced at Xu Zhiqian, "Look at Zhiqian, she's so anxious, I'll continue to sleep with my wife tonight, so as not to be woken up by her in the middle of the night to discuss if the tax department pursues tax evasion, What are the consequences."

Xu Zhiqian spat, "Who cares to sleep with you?"

Gao Wenyin also rolled his eyes at him, "I'll sleep with Zhiqian tonight."

Zhang Fei immediately threw away Song Xingtong, excitedly said: "Why, I rule this proposal invalid."

Xu Zhiqian walked to Gao Wenyin's side, holding Gao Wenyin's snow-white and slender jade neck affectionately with both hands, and looked at Zhang Fei with a smile, "At home, you are not the president of the judge."

Zhang Fei said: "Then I will appeal."

"turn down!"

"It's very cold to sleep alone today."

"You can ask Li Si to sleep with you."

"Then I'll sleep alone."

"Ok, deal."

"If you don't want to, the three of us will sleep together."

"Don't think about it."

And while Zhang Fei was making jokes with his two beautiful wives, all outside forces were still secretly playing games.

Unexpectedly, Cai Yanqing, who had always pretended to be deaf and dumb, suddenly stated that the government would be willing to accept the imperial court's plan.

"Prefect Cai, why is this?"

Wei Yingfang excitedly said: "This is clearly a trick of the tax department and the imperial court."

Cai Yanqing said, "Didn't you say that the Aid Agency refused to agree?"

Wei Yingfang was taken aback for a moment, then nodded.

Cai Yanqing said: "Then we support it, and we can't affect the result, because as long as the other party refuses to agree, it's fine. After all, this slap can't be slapped. You have to remember that you are an official, and the tax department collects taxes for the government. Not our enemy.

If we don't support this plan, we must support the tax department's power to check the deed tax. If something happens at that time, the court will hold it accountable, so what reason do we have to explain it?We can't collect the deed tax ourselves, and we overcharge the deed tax, and at the same time stumbling the tax department?

In this matter, we are responsible. If we want to refuse, let the other party refuse. We must fully cooperate. "

These words made Wei Yingfang speechless.

But this is also Cai Yanqing's consistent style of handling affairs. In the battle between the two sides, he has always upheld the attitude of being wise and protecting himself, and he is unwilling to take any responsibility.

A group of officials looked at Yuan Jiang again.

Nowadays, many officials are already looking forward to Yuan Jiang's leadership, because Yuan Jiang is more responsible.

Yuan Jiang nodded and said: "I support Cai Zhifu's opinion, and I don't want to lose my job for the benefit of others, but if the other party wants to object, we can also forgive."

The implication is that this deed tax is mainly in the interests of the other party, and they should bear the main responsibility. We can support it secretly, but we cannot support it openly.

Because there is no way to explain this to the court, our jobs are in the hands of the court.

What he said immediately won the approval of many officials. We should sit back and let others go to the front. This is the consistent style of our officials.

Even Wei Yingfang suddenly felt that it seemed to make sense.

However, the sudden change in the government's attitude immediately affected those big gentry and landlords.

They are not stupid, you officials want to leave a way out for yourself, that is, you may betray us, if the tax department attacks, you stab the knife in the back, who can stand it!

Moreover, due to the reputation of the tax department in the capital, it has never been ambiguous about tax inspections. In addition, they don't know the strength of the tax department at present, so they don't dare to bet. They originally hoped that the government would cover them up. Wind and rain, who knows that these officials are all cunning and cunning, let them go to the front.

They also said that it is better not to take any risks and agree to the imperial court's plan first. Anyway, there is still one year left, so we can not pay for the time being, and then we can make a decision based on the situation.

Let's go now, who can guarantee that the tax inspector is not me, once I am caught, will you really go all out to save me?

Everyone is a gangster, who doesn't know who!

After some negotiations and games, all parties finally agreed to accept the proposal proposed by the imperial court.

Next, the imperial court will give a verdict on this lawsuit.

The hazy sky symbolizes the mood of many people present. Although they already knew the verdict, which they agreed to, it was not the result they wanted, because his privilege finally succumbed to the rules, although it was It is a strategy to delay the attack, but they know in their hearts that this is also a helpless move.

However, there was a smile on someone's face, as bright as a plum blossom in the twelfth lunar month.

This person is Zhang Fei.

He still smiled as always, greeted everyone, and then announced the opening of the court.

"After referring to the confessions of both parties, the evidence, the laws involved, and consultations with both parties, the chief judge has reached a final judgment."

After all, Zhang Fei looked down at the copy, then raised his head and said, "First of all, does an illegal contract have legal effect?
In principle, it should not be available.However, the two principles of the law of our court for contracts are to inherit the laws of Tang Dynasty. First, the government has political laws, and the people follow private contracts.

Second, all the actions are made, and the two loves contract a private contract.

These two principles indicate that politics and law should not easily interfere with the establishment of private contracts, including the freedom of whether to sign a loan contract; the freedom of who to sign a loan contract with; the freedom of the content of the loan contract; .And the voluntary and equal relationship of signing the contract.

Any contract that violates these two principles will have no legal effect, such as coercion, coercion, deceit, and so on. "

When Fan Zhen and Su Zhe heard this, they were immediately dumbfounded. Is this the result of our discussion?
You are carrying private goods again!
I heard Zhang Fei continue to say: "Based on these two principles, let's examine the legality of the white contract again. If a white contract is forced to be signed, it will not have legal effect, but if both parties sign it voluntarily, it is in line with the contract. two principles, it will have the force of law.

As for the white contract's violation of the tax law, it is a tax evasion issue, which has nothing to do with the legal effect of the contract itself.

The government can hold the party responsible for tax evasion, but it cannot deny the legal effect of the contract itself. As the prosecution said, this will destroy the principle that the government owns the political law and the people follow the private contract.

The court ruled that the prosecution won the lawsuit, and the white contract still has legal effect if it does not violate the principle of the contract.

As for the issue of tax evasion, although it is the cause of this lawsuit, it is not the main point of this lawsuit.The president of the judge is also unable to give any judgment, but under the consultation of the president of the judge, the prosecution and the defense have reached a consensus.

The Department of Taxation will ensure that there will no longer be any policy of excessive deed tax collection, and at the same time simplify the procedures for the common people to handle the deed tax as much as possible. The head of the court will also emphasize once again that excessive tax collection is an illegal act. If the common people encounter it, they should keep the evidence , and then appealed to the imperial court in time.

But at the same time, refusing to pay the deed tax is also an illegal act, but the government promised to give everyone a chance to pay the deed tax, and decided to pay the deed tax in the next year or newly pay it. Pay a [-]% deed tax.

The prosecution also promised to pay back the deed tax.

Our royal court appreciates the tax department and the government's guarantee very much, and also decided to grant a one-year exemption period. During this year, the tax department will not have the right to pursue anyone who signed a white contract for tax evasion at any time, but after one year, No matter when the white deed was signed, as long as it involves tax evasion, once it is found out by the tax department, our imperial court will impose corresponding penalties. Therefore, we still hope that everyone can go to the tax department to pay the deed tax as soon as possible. "