Promotion and fortune in Song Dynasty
Chapter 101
But he said that since the fire in Rongwang's mansion destroyed most of the books in the pavilion, even though the engraving plates are still there, if only the Guozijian reprints them one by one, I don't know that it will be the year of the monkey.
Lu Ci couldn't help thinking of the movable type printing method he sold to the bookstore earlier.
It is the time when it will be most useful.
In addition, he saw the shortage of manpower in the pavilion and the Guozijian, and the selection of candidates was just a drop in the bucket, so he simply got busy with submitting memorials and giving the imperial court the idea of "outsourcing".
To be honest, his idea is not unconventional, and he is not afraid of offending taboos: Whether it is the mercenary system of the Song Dynasty or the construction of buildings, the government will hire craftsmen from the common people except those included in the labor service. Pay according to work.
Instead of adding a large number of low-level cabinet officials who are destined to become redundant officials after the collection of books is completed, it is better to leave the work that requires less talent and more technology to the folks who have more spare capacity bookstore to do.
Although Lu Ci hadn't been approved by his superiors until he was promoted and left the hospital, it seemed to be nothing, but the day before he left Beijing to work in Fenzhou, he received a letter from the owner of the bookstore Jiaozi with a large amount.
It is not difficult to guess that this matter is mostly done.
At this time, when he heard that the father and son who were selling yam wanted to buy the "Detailed Explanation of Strategies" written by him, Lu Ci felt a little dumbfounded at first, and then frowned in doubt.
Although Jixiantang Bookstore also has branches in some high-end prefectures, Fenzhou, which has less than [-] households, is not among them.
Suddenly, Lu Ci had a guess in his heart, and he simply followed the two father and son who were talking and laughing.
After not walking far, they turned a corner and went directly into a small shop filled with all kinds of books, and every narrow gap was crowded with customers dressed as scholars. Home Bookstore'.
There are more buyers, such as the father and son who didn't expect to be able to squeeze into the crowd at all, so they could only shout loudly outside, hoping that the bookstore clerk could hear and help: "I want a Taolu Sanyuan's "Detailed Explanation of Policy Theory"! "Detailed Explanation of Policy Theory"!"
Some people looked down on his peasant attire and said mockingly: "Who else compiled "Detailed Explanation of Strategies" besides Lu Sanyuan? Why do you bother?"
The stall owner ignored the man's ridicule, and he was very loud, and within a few shouts, the clerk inside responded loudly: "The "Detailed Explanation of Strategies" has been sold out! I will print another batch tomorrow, so hurry up." come!"
A group of people, including the stall owner, who came for the "Detailed Explanation of Strategies and Theories" suddenly looked disappointed and left with a sigh.
A healthy servant who followed Lu Ci couldn't help muttering: "This bookstore is small, but the business is very prosperous."
If you want to compare the well-known Jixian Hall in Bianjing with this small book shop, obviously no matter what aspect you compare, they are all in the same place.
Even so, I have never seen scholars so disregarding their reserve, rushing in to buy books when crowded.
Lu Ci observed for a while, and after confirming his guess, he lost interest.
He led the servants back to the guest house, and said with a smile: "If Jixiantang is willing to sell books at the price of this store, the panic buying scene will definitely be much more lively than what you just saw. "
Compared with anger, after knowing the truth, Lu Ci didn't grit his teeth like Liu Qi did back then, but felt more like laughing and laughing.
Unexpectedly, in the Song Dynasty thousands of years ago, he would become a victim of book piracy.
Fortunately, counterfeiting has always been prohibited, even if it is just ordinary people, as long as they receive an ultimatum to the Imperial Supervisor in case of infringement, they can let the local government enforce restrictions such as chasing people and destroying the version.
What's more, the "Detailed Explanation of Strategies" compiled by him is just one of them. There are thousands of copyright owners who have been harmed by this bookstore that pirated books with bad paper and bad ink and sold them cheaply.
Only in this way, the job still has to fall on his own head.
Thinking of one more thing to investigate and deal with after taking office, Lu Ci... couldn't help but worry and bought a few more stone cakes.
However, when Lu Ci and his party were about to arrive at the guest house, there was a sudden clatter of horseshoes behind them, as well as the cries of the disturbed street vendors and passers-by. Before he could think about it, he subconsciously avoided the alley avoid.
With the experience of what happened just now, the few healthy servants hired by Lu Ci are not vegetarians, and they will no longer stand in a daze, but react quickly and throw Lu Ci to the side before avoiding A fast horse that hits straight up.
After seeing Lu Ci dodging, the men who rode their horses to attack him gave a "spit" unwillingly, and they retreated first, considering the fierce-eyed, tall and strong servants around him.
After Lu Ci stabilized his figure, he looked around, but saw a mess all around.
Many small stalls were trampled by horseshoes, or were hit by horses, and some pedestrians escaped the charge, but suffered minor injuries.
Lu Ci's face darkened, and he asked the stall owner who was complaining softly and cleaning up the mess in the stall: "That pedestrian just now, did you know the stumbling block?"
The stall owner nodded and said indignantly, "It's those villains! Alas!"
This was obviously aimed at Lu Ci who caused their 'big brother' to be imprisoned.
Lu Ci returned to the guest house with a calm expression, and immediately changed his mind about taking office tomorrow. Instead, he wrote a paper of indictment with his pen and ink, and directly charged the blockers and his gang with "injury and murder" and so on. The crime was brought to the government office.
However, on the inscription of the plaintiff, he deliberately used the monogram of a health servant instead of his own name.
——He wants to experience it personally from the perspective of an ordinary person, what is the problem in the Fenzhou Liaosi that can make this blocker so arrogant, and how many officials who are dead and vegetarian need to be eliminated.
And early the next morning, Chong Wenjun, the Si Li who came to the government office, saw the densely written indictment that had been placed on his case by the night-duty officer.
He regained his energy for a while, and lost interest after seeing that the accused was a slippery and habitual criminal.
However, in keeping with the duty of a procurator, he still carefully read this rare long indictment, word by word.
After reading it, he couldn't help but smile.
This kind of handwriting is beautiful, well-founded, precise in wording, and well-organized. It is not something that ordinary people can write.
He turned to the end, and after looking at the monogram, he thought to himself that this merchant from Bianjing named Lin Dayong, although his name sounded like a big old man, was probably a knowledgeable man who had abandoned literature and started business.
Or, they spared no expense to find a pleading letter written by a scholar with a reputation as a well-known legal department.
Compared with accusing Wang Zhuang of eating free food from past merchants, or committing a "crime of injury" that is not sure whether it is "intentional or "negligent", Lin Dayong directly accused Wang Zhuang and his accomplices Under the watchful eyes of the public, he committed the crime of 'carriage and horse injury and homicide'.
As long as there are many victims, the better the evidence is collected, and the better the nature of the incident, then even if it is a cunning and sloppy king, it will be hard to escape the heavy responsibility.
In this way, there is really hope that Wang Zhuang will be punished severely.
After reading the complaint again, Chong Wenjun put the complaint in his arms, went out directly, and went to perform his duties as a pusher.
According to the laws of the Song Dynasty, the only responsibility of Tuisi was to interrogate the criminal facts of the king's case.And the crimes asked must be limited to the scope of the charges listed in the indictment, and they cannot ask the crimes themselves.
With such a pleading to guide him, he is like a tiger with wings added.
In just one day, Chong Wenjun collected all the criminal evidence that Wang Zhuang failed to injure people in the store last night and was subdued, and his accomplices rode horses to revenge Lin Dayong and his party, trampled on the stalls along the way, and injured many pedestrians.
Then in the prison, the accused Wang Zhuang and others were brought out, and after the case was tried one by one, together with the testimony of witnesses, physical evidence and the doctor's injury inspection report, they were handed over to the judicial army who served as the prosecutor.
The duty of the judiciary to join the army is to retrieve all applicable legal provisions based on the files and records, and to assist in criminalizing the case.
Chong Wenjun didn't know it, and every move he went out and diligently questioned witnesses and evidence fell into the eyes of the magistrate of Fenzhou.
Chong Wenjun is still very curious about the progress after that, but it is not within his scope of power, so he can only wait for the result like everyone else.
However, within two days, prosecutor Qi Jing took the initiative to approach the door with a straight face.
His intention of coming here was that he found doubtful points and wanted to refute the evidence submitted by Chong Wenjun.
"As for the valuation of the damaged property you mentioned in the dossier, the valuation is too high." Qi Jing said: "Most of the property you mentioned was damaged, resulting in a decrease in value. When compensating, it should only be compensated for the price difference, not the full compensation based on the loss standard.”
Chong Wenjun is also used to always arguing with Qi Jing. After all, if the case is really suspicious and the other party points it out, the other party will of course be rewarded, and he will also be exempted from punishment for making mistakes.
But after asking clearly about the 'damaged' rather than 'lost' property that Qi Jing referred to, his expression became more subtle, and when he looked at Qi Jing, he became a little more suspicious.
He had also heard before that although Qi Jing and the tiger standing in the way were not related by family, they seemed to have received bribes from the other party, but he didn't know whether it was true or not.
From this point of view, it is very likely to be true.
Even so, he explained patiently: "In my opinion, this is indeed a loss, not a damage. For example, the eggs in the goods you refuted, and the parts that have been trampled by horseshoes, where can they be sold or sold?" Edible? Silk is the same, it has been torn or stained, so how can it not be considered lost?" Chong Wenjun shook his head: "And the point, I am afraid, is that they hurt people with their horses."
"The question is just right. I also have doubts about this." Qi Jing said with a sullen face: "Among the evidence you collected, only two pedestrians were slightly injured, and the rest were all street vendors, not 'crowd'... "
Although Chong Wenjun knew that Qi Jing intentionally favored Wang Zhuang and wanted to give a lighter sentence, he still had some faith in his eloquent rhetoric.
After all, the Song Dynasty had frequent legislation and a vast number of articles. It is really not easy to accurately invoke the law.
Otherwise, why, there are left and right officials, left and right military inspectors, left and right military inspectors, military recorders and managers who can be promoted and surveyed, but there is only one judiciary to join the army?
It can even be said that in the entire Fenzhou, Qi Jing has always been the only official who can "view and read" many laws and regulations.
If Qi Jing really finds relevant regulations to prove that the crimes of Wang Zhuang and others can be punished lightly, he will not insist on going his own way and must strictly enforce the law.
It would not be fun for him to be accused of 'harsh usage'.
Under Chong Wenjun's step-by-step retreat, Qi Jing successfully achieved the purpose of refuting the interrogation, and the case entered the trial trial procedure.
The judge who was in charge of drafting the sentence knew Qi Jing quite well. After reading the facts of the judge's interrogation and comparing it with the legal provisions that Qi Jing found out, he always felt that there was something wrong.
Because of this, although he drafted the verdict, he hesitated for a long time when he signed it.
Once signed, it means that he agrees to the judgment, and if it is found to be inappropriate afterwards, he will be a member of the 'Public Office for Colleagues'...
What disturbs him the most is that it is currently vacant, and he is still waiting for Lu Ci, a great talent who came from Bianjing and became famous because he was three yuan before the championship, to be appointed to know about Fenzhou.
The final verdict must be Zhizhou Lu Ci.
Before he took office, even if he signed the draft judgment, it will not take effect until the other party agrees, and it can be rejected at any time.
Who knew that someone as young and famous as Lu Zhizhou would be jealous and want a new official to take office?
He has always turned a blind eye to Qi Jing's many partialities, after much deliberation, he decided to attach his own "proceedings" to the judgment to be on the safe side.
——It was only two days later that he realized how wise his act of preparing for a rainy day was.
The author has something to say: There are many notes in this chapter. If you don’t understand it, you don’t need to study it carefully. Just read the following.
The following are all from "Song: The Dawn of Modern Times" and "Cultural History of the Song and Song Dynasties"
1. 鞫, that is, prison, the meaning of interrogation; 谳, that is, convicting, the meaning of procuratorial conviction; 鞫谳 Division, is the separation of "factual trial" and "legal trial".
In the courts of the Song Dynasty, one judge was responsible for adjudicating the facts of crimes, called Tuisi, Prisoner, and Tuikanguan;The two cannot be the same person.This is the basic spirit of the "Taijiao Division".
At the local level, the left and right officials, the left and right military patrols, the left and right military patrol judges, the recorders joining the army, and the managers joining the army in the state courts all belong to the Tuisi system, while the judicial joining the army belongs to the Jusi system.
The Song Dynasty practiced a judicial system unique in Chinese history, the "Branch Division", but it was abandoned after the fall of the Song Dynasty.
2. Prospectors are not allowed to interrogate themselves:
The sole responsibility of the investigation officer is to interrogate the defendant's criminal facts clearly.According to the legislation of the Song Dynasty, "All those who are in prison must be sued according to the complaint. If they do not seek other crimes other than the original complaint, they will be regarded as crimes against others."It means that the crimes inquired by the investigating officer must be limited to the scope of the charges listed in the indictment. If there is no charge in the indictment, the judge shall not inquire about the crime on his own.This is called "judgment of evidence".
3. Prosecutor:
The responsibility of the prosecutor is to check out all applicable legal provisions based on the criminal facts recorded in the file.
The establishment of an independent prosecutor can also prevent the procurator from abusing his power, because the prosecutor can propose a refutation if he finds that the file is suspicious.If the prosecutor can refute the wrong case, he will be rewarded; conversely, if the case is suspicious and the prosecutor fails to refute it, he will be punished together with the investigator.
example:
During the reign of Song Zhenzong, two thieves were captured in Laizhou. The prefect of the state used harsh methods and instructed people to deliberately overestimate the value of the stolen goods by the thieves in an attempt to put them to death.Ximen Yun, a judicial officer in Laizhou, found that the value of the stolen goods was too high when he was prosecuting the law. Very firm", and finally saved the two criminals from being sentenced to death.
4. Proposed judgment
In a criminal case, if no problems are found during the interrogation, and no problems are found during the prosecution, then it will be transferred to the next procedure: drafting a sentence.We take the state court as an observation sample. Judgments are usually drafted by judges or judges. They are based on the criminal facts cleared by the judges and the laws detected by the prosecutors. "Based on facts and based on the law." , to draw up a draft judgment.Then, the verdict was handed over to the judges of the state government for collective discussion.The Song Dynasty implemented the joint signature judgment system, and the judges who signed the joint signature were similar to a "judgment committee", and the chief executive of the state, the prefect of the state (zhizhou), was the ex officio chief judge of the committee.
5. Public sitting by fellow prisoners
If the judges have no objection to the verdict, they can sign it.However, signing means being responsible. If it is found that the case has been wrongly judged in the future, all the judges who signed will be held accountable.In the words of the people of the Song Dynasty, "All the officials who make detailed judgments will be well-known. If the criminal name is wrong, one case will be investigated and punished."
Of course, if you feel that the judgment is unreasonable, you can also refuse to sign; if a judge refuses to sign, then the judgment will not take effect.
6. Proceedings
Judges who disagree with the judgment can also take a more passive approach—attach their own dissenting opinions to the judgment, which is called a "dissent."In the future, if it is confirmed that the judgment was indeed wrong, the judge of the "discussion petition" can be exempted from accountability.
7. Judgment
After all the judges responsible for joint signatures have signed and pledged, the verdict can finally be sent to the prefect of the state. If the prefect has no opinion, the case can be concluded.
After the verdict is pronounced, the court also needs to read the verdict to the prisoner and ask the prisoner whether he accepts the sentence.If the prisoner claims to serve the sentence, the case will be considered closed, and he can report it to the Criminal Division for review.
Lu Ci couldn't help thinking of the movable type printing method he sold to the bookstore earlier.
It is the time when it will be most useful.
In addition, he saw the shortage of manpower in the pavilion and the Guozijian, and the selection of candidates was just a drop in the bucket, so he simply got busy with submitting memorials and giving the imperial court the idea of "outsourcing".
To be honest, his idea is not unconventional, and he is not afraid of offending taboos: Whether it is the mercenary system of the Song Dynasty or the construction of buildings, the government will hire craftsmen from the common people except those included in the labor service. Pay according to work.
Instead of adding a large number of low-level cabinet officials who are destined to become redundant officials after the collection of books is completed, it is better to leave the work that requires less talent and more technology to the folks who have more spare capacity bookstore to do.
Although Lu Ci hadn't been approved by his superiors until he was promoted and left the hospital, it seemed to be nothing, but the day before he left Beijing to work in Fenzhou, he received a letter from the owner of the bookstore Jiaozi with a large amount.
It is not difficult to guess that this matter is mostly done.
At this time, when he heard that the father and son who were selling yam wanted to buy the "Detailed Explanation of Strategies" written by him, Lu Ci felt a little dumbfounded at first, and then frowned in doubt.
Although Jixiantang Bookstore also has branches in some high-end prefectures, Fenzhou, which has less than [-] households, is not among them.
Suddenly, Lu Ci had a guess in his heart, and he simply followed the two father and son who were talking and laughing.
After not walking far, they turned a corner and went directly into a small shop filled with all kinds of books, and every narrow gap was crowded with customers dressed as scholars. Home Bookstore'.
There are more buyers, such as the father and son who didn't expect to be able to squeeze into the crowd at all, so they could only shout loudly outside, hoping that the bookstore clerk could hear and help: "I want a Taolu Sanyuan's "Detailed Explanation of Policy Theory"! "Detailed Explanation of Policy Theory"!"
Some people looked down on his peasant attire and said mockingly: "Who else compiled "Detailed Explanation of Strategies" besides Lu Sanyuan? Why do you bother?"
The stall owner ignored the man's ridicule, and he was very loud, and within a few shouts, the clerk inside responded loudly: "The "Detailed Explanation of Strategies" has been sold out! I will print another batch tomorrow, so hurry up." come!"
A group of people, including the stall owner, who came for the "Detailed Explanation of Strategies and Theories" suddenly looked disappointed and left with a sigh.
A healthy servant who followed Lu Ci couldn't help muttering: "This bookstore is small, but the business is very prosperous."
If you want to compare the well-known Jixian Hall in Bianjing with this small book shop, obviously no matter what aspect you compare, they are all in the same place.
Even so, I have never seen scholars so disregarding their reserve, rushing in to buy books when crowded.
Lu Ci observed for a while, and after confirming his guess, he lost interest.
He led the servants back to the guest house, and said with a smile: "If Jixiantang is willing to sell books at the price of this store, the panic buying scene will definitely be much more lively than what you just saw. "
Compared with anger, after knowing the truth, Lu Ci didn't grit his teeth like Liu Qi did back then, but felt more like laughing and laughing.
Unexpectedly, in the Song Dynasty thousands of years ago, he would become a victim of book piracy.
Fortunately, counterfeiting has always been prohibited, even if it is just ordinary people, as long as they receive an ultimatum to the Imperial Supervisor in case of infringement, they can let the local government enforce restrictions such as chasing people and destroying the version.
What's more, the "Detailed Explanation of Strategies" compiled by him is just one of them. There are thousands of copyright owners who have been harmed by this bookstore that pirated books with bad paper and bad ink and sold them cheaply.
Only in this way, the job still has to fall on his own head.
Thinking of one more thing to investigate and deal with after taking office, Lu Ci... couldn't help but worry and bought a few more stone cakes.
However, when Lu Ci and his party were about to arrive at the guest house, there was a sudden clatter of horseshoes behind them, as well as the cries of the disturbed street vendors and passers-by. Before he could think about it, he subconsciously avoided the alley avoid.
With the experience of what happened just now, the few healthy servants hired by Lu Ci are not vegetarians, and they will no longer stand in a daze, but react quickly and throw Lu Ci to the side before avoiding A fast horse that hits straight up.
After seeing Lu Ci dodging, the men who rode their horses to attack him gave a "spit" unwillingly, and they retreated first, considering the fierce-eyed, tall and strong servants around him.
After Lu Ci stabilized his figure, he looked around, but saw a mess all around.
Many small stalls were trampled by horseshoes, or were hit by horses, and some pedestrians escaped the charge, but suffered minor injuries.
Lu Ci's face darkened, and he asked the stall owner who was complaining softly and cleaning up the mess in the stall: "That pedestrian just now, did you know the stumbling block?"
The stall owner nodded and said indignantly, "It's those villains! Alas!"
This was obviously aimed at Lu Ci who caused their 'big brother' to be imprisoned.
Lu Ci returned to the guest house with a calm expression, and immediately changed his mind about taking office tomorrow. Instead, he wrote a paper of indictment with his pen and ink, and directly charged the blockers and his gang with "injury and murder" and so on. The crime was brought to the government office.
However, on the inscription of the plaintiff, he deliberately used the monogram of a health servant instead of his own name.
——He wants to experience it personally from the perspective of an ordinary person, what is the problem in the Fenzhou Liaosi that can make this blocker so arrogant, and how many officials who are dead and vegetarian need to be eliminated.
And early the next morning, Chong Wenjun, the Si Li who came to the government office, saw the densely written indictment that had been placed on his case by the night-duty officer.
He regained his energy for a while, and lost interest after seeing that the accused was a slippery and habitual criminal.
However, in keeping with the duty of a procurator, he still carefully read this rare long indictment, word by word.
After reading it, he couldn't help but smile.
This kind of handwriting is beautiful, well-founded, precise in wording, and well-organized. It is not something that ordinary people can write.
He turned to the end, and after looking at the monogram, he thought to himself that this merchant from Bianjing named Lin Dayong, although his name sounded like a big old man, was probably a knowledgeable man who had abandoned literature and started business.
Or, they spared no expense to find a pleading letter written by a scholar with a reputation as a well-known legal department.
Compared with accusing Wang Zhuang of eating free food from past merchants, or committing a "crime of injury" that is not sure whether it is "intentional or "negligent", Lin Dayong directly accused Wang Zhuang and his accomplices Under the watchful eyes of the public, he committed the crime of 'carriage and horse injury and homicide'.
As long as there are many victims, the better the evidence is collected, and the better the nature of the incident, then even if it is a cunning and sloppy king, it will be hard to escape the heavy responsibility.
In this way, there is really hope that Wang Zhuang will be punished severely.
After reading the complaint again, Chong Wenjun put the complaint in his arms, went out directly, and went to perform his duties as a pusher.
According to the laws of the Song Dynasty, the only responsibility of Tuisi was to interrogate the criminal facts of the king's case.And the crimes asked must be limited to the scope of the charges listed in the indictment, and they cannot ask the crimes themselves.
With such a pleading to guide him, he is like a tiger with wings added.
In just one day, Chong Wenjun collected all the criminal evidence that Wang Zhuang failed to injure people in the store last night and was subdued, and his accomplices rode horses to revenge Lin Dayong and his party, trampled on the stalls along the way, and injured many pedestrians.
Then in the prison, the accused Wang Zhuang and others were brought out, and after the case was tried one by one, together with the testimony of witnesses, physical evidence and the doctor's injury inspection report, they were handed over to the judicial army who served as the prosecutor.
The duty of the judiciary to join the army is to retrieve all applicable legal provisions based on the files and records, and to assist in criminalizing the case.
Chong Wenjun didn't know it, and every move he went out and diligently questioned witnesses and evidence fell into the eyes of the magistrate of Fenzhou.
Chong Wenjun is still very curious about the progress after that, but it is not within his scope of power, so he can only wait for the result like everyone else.
However, within two days, prosecutor Qi Jing took the initiative to approach the door with a straight face.
His intention of coming here was that he found doubtful points and wanted to refute the evidence submitted by Chong Wenjun.
"As for the valuation of the damaged property you mentioned in the dossier, the valuation is too high." Qi Jing said: "Most of the property you mentioned was damaged, resulting in a decrease in value. When compensating, it should only be compensated for the price difference, not the full compensation based on the loss standard.”
Chong Wenjun is also used to always arguing with Qi Jing. After all, if the case is really suspicious and the other party points it out, the other party will of course be rewarded, and he will also be exempted from punishment for making mistakes.
But after asking clearly about the 'damaged' rather than 'lost' property that Qi Jing referred to, his expression became more subtle, and when he looked at Qi Jing, he became a little more suspicious.
He had also heard before that although Qi Jing and the tiger standing in the way were not related by family, they seemed to have received bribes from the other party, but he didn't know whether it was true or not.
From this point of view, it is very likely to be true.
Even so, he explained patiently: "In my opinion, this is indeed a loss, not a damage. For example, the eggs in the goods you refuted, and the parts that have been trampled by horseshoes, where can they be sold or sold?" Edible? Silk is the same, it has been torn or stained, so how can it not be considered lost?" Chong Wenjun shook his head: "And the point, I am afraid, is that they hurt people with their horses."
"The question is just right. I also have doubts about this." Qi Jing said with a sullen face: "Among the evidence you collected, only two pedestrians were slightly injured, and the rest were all street vendors, not 'crowd'... "
Although Chong Wenjun knew that Qi Jing intentionally favored Wang Zhuang and wanted to give a lighter sentence, he still had some faith in his eloquent rhetoric.
After all, the Song Dynasty had frequent legislation and a vast number of articles. It is really not easy to accurately invoke the law.
Otherwise, why, there are left and right officials, left and right military inspectors, left and right military inspectors, military recorders and managers who can be promoted and surveyed, but there is only one judiciary to join the army?
It can even be said that in the entire Fenzhou, Qi Jing has always been the only official who can "view and read" many laws and regulations.
If Qi Jing really finds relevant regulations to prove that the crimes of Wang Zhuang and others can be punished lightly, he will not insist on going his own way and must strictly enforce the law.
It would not be fun for him to be accused of 'harsh usage'.
Under Chong Wenjun's step-by-step retreat, Qi Jing successfully achieved the purpose of refuting the interrogation, and the case entered the trial trial procedure.
The judge who was in charge of drafting the sentence knew Qi Jing quite well. After reading the facts of the judge's interrogation and comparing it with the legal provisions that Qi Jing found out, he always felt that there was something wrong.
Because of this, although he drafted the verdict, he hesitated for a long time when he signed it.
Once signed, it means that he agrees to the judgment, and if it is found to be inappropriate afterwards, he will be a member of the 'Public Office for Colleagues'...
What disturbs him the most is that it is currently vacant, and he is still waiting for Lu Ci, a great talent who came from Bianjing and became famous because he was three yuan before the championship, to be appointed to know about Fenzhou.
The final verdict must be Zhizhou Lu Ci.
Before he took office, even if he signed the draft judgment, it will not take effect until the other party agrees, and it can be rejected at any time.
Who knew that someone as young and famous as Lu Zhizhou would be jealous and want a new official to take office?
He has always turned a blind eye to Qi Jing's many partialities, after much deliberation, he decided to attach his own "proceedings" to the judgment to be on the safe side.
——It was only two days later that he realized how wise his act of preparing for a rainy day was.
The author has something to say: There are many notes in this chapter. If you don’t understand it, you don’t need to study it carefully. Just read the following.
The following are all from "Song: The Dawn of Modern Times" and "Cultural History of the Song and Song Dynasties"
1. 鞫, that is, prison, the meaning of interrogation; 谳, that is, convicting, the meaning of procuratorial conviction; 鞫谳 Division, is the separation of "factual trial" and "legal trial".
In the courts of the Song Dynasty, one judge was responsible for adjudicating the facts of crimes, called Tuisi, Prisoner, and Tuikanguan;The two cannot be the same person.This is the basic spirit of the "Taijiao Division".
At the local level, the left and right officials, the left and right military patrols, the left and right military patrol judges, the recorders joining the army, and the managers joining the army in the state courts all belong to the Tuisi system, while the judicial joining the army belongs to the Jusi system.
The Song Dynasty practiced a judicial system unique in Chinese history, the "Branch Division", but it was abandoned after the fall of the Song Dynasty.
2. Prospectors are not allowed to interrogate themselves:
The sole responsibility of the investigation officer is to interrogate the defendant's criminal facts clearly.According to the legislation of the Song Dynasty, "All those who are in prison must be sued according to the complaint. If they do not seek other crimes other than the original complaint, they will be regarded as crimes against others."It means that the crimes inquired by the investigating officer must be limited to the scope of the charges listed in the indictment. If there is no charge in the indictment, the judge shall not inquire about the crime on his own.This is called "judgment of evidence".
3. Prosecutor:
The responsibility of the prosecutor is to check out all applicable legal provisions based on the criminal facts recorded in the file.
The establishment of an independent prosecutor can also prevent the procurator from abusing his power, because the prosecutor can propose a refutation if he finds that the file is suspicious.If the prosecutor can refute the wrong case, he will be rewarded; conversely, if the case is suspicious and the prosecutor fails to refute it, he will be punished together with the investigator.
example:
During the reign of Song Zhenzong, two thieves were captured in Laizhou. The prefect of the state used harsh methods and instructed people to deliberately overestimate the value of the stolen goods by the thieves in an attempt to put them to death.Ximen Yun, a judicial officer in Laizhou, found that the value of the stolen goods was too high when he was prosecuting the law. Very firm", and finally saved the two criminals from being sentenced to death.
4. Proposed judgment
In a criminal case, if no problems are found during the interrogation, and no problems are found during the prosecution, then it will be transferred to the next procedure: drafting a sentence.We take the state court as an observation sample. Judgments are usually drafted by judges or judges. They are based on the criminal facts cleared by the judges and the laws detected by the prosecutors. "Based on facts and based on the law." , to draw up a draft judgment.Then, the verdict was handed over to the judges of the state government for collective discussion.The Song Dynasty implemented the joint signature judgment system, and the judges who signed the joint signature were similar to a "judgment committee", and the chief executive of the state, the prefect of the state (zhizhou), was the ex officio chief judge of the committee.
5. Public sitting by fellow prisoners
If the judges have no objection to the verdict, they can sign it.However, signing means being responsible. If it is found that the case has been wrongly judged in the future, all the judges who signed will be held accountable.In the words of the people of the Song Dynasty, "All the officials who make detailed judgments will be well-known. If the criminal name is wrong, one case will be investigated and punished."
Of course, if you feel that the judgment is unreasonable, you can also refuse to sign; if a judge refuses to sign, then the judgment will not take effect.
6. Proceedings
Judges who disagree with the judgment can also take a more passive approach—attach their own dissenting opinions to the judgment, which is called a "dissent."In the future, if it is confirmed that the judgment was indeed wrong, the judge of the "discussion petition" can be exempted from accountability.
7. Judgment
After all the judges responsible for joint signatures have signed and pledged, the verdict can finally be sent to the prefect of the state. If the prefect has no opinion, the case can be concluded.
After the verdict is pronounced, the court also needs to read the verdict to the prisoner and ask the prisoner whether he accepts the sentence.If the prisoner claims to serve the sentence, the case will be considered closed, and he can report it to the Criminal Division for review.
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