Judge of the Song Dynasty Chapter 694: Hearing (4)
Chapter 694 Hearing (4)
At this point in the hearing, many officials were confused.
What on earth are you doing?
Because in the eyes of many officials, whether it is a hearing or a court trial, there must be a purpose, either to favor Cheng Fang or Cheng Yi.
But when Zhang Fei came up, he would either hit fifty big boards each, or hit him with a big stick and give him a jujube.
It’s so confusing.
If you keep asking this question, everyone will not know how to fight.
Unable to get a result.
Most officials couldn’t understand what Zhang Fei wanted.
After Liu En went down, Wang Gong sent another message to Suizhou judge Sheng Tao to attend.
When Cheng Fang saw this person, a stern look flashed in his eyes.
“Judge Sheng, I heard that when Cheng Dujian opened the Zhanghe River, you happened to be the supervisory censor, inspecting Hebei Province?”
Zhang Fei asked.
Sheng Tao nodded: “Yes.”
Zhang Fei said: “What do you know?”
Sheng Tao immediately said: “What I see is that it wastes money and wastes money, and harms the country and the people.”
Zhang Fei asked: “Can you give me more details?”
Sheng Tao said: “Forcing people to work at night, trampling field seedlings, digging graves, occupying fields and destroying houses, countless people. The voice of sorrow and resentment spread throughout the Tao.”
Zhang Fei asked: “Did you see this with your own eyes?”
Sheng Tao nodded and said, “I saw it with my own eyes.”
Zhang Fei said: “Did you dissuade the supervisor at that time?”
Sheng Tao said: “Of course there is, but Cheng Dujian threatened the river defense fortifications. If I dare to stop the river defense fortifications, I will be responsible for any floods. But I did not intend to hinder the river defense fortifications. I think that if they do it, it will only waste people, money and national power, so I advise them not to be so radical.”
Zhang Fei said: “Have you monitored Cheng Dujian personally?”
Sheng Tao seemed to understand what Zhang Fei meant, nodded and said: “Yes, but I didn’t find that Cheng Dujian made money through water conservancy.”
Zhang Fei said: “Have you reported this to the court?”
Sheng Tao nodded, “After my persuasion failed, I immediately impeached Inspector Cheng, and then I was transferred to Suizhou to serve as a judge.”
“Really?”
Zhang Fei was stunned for a moment and asked: “Do you think this is Cheng Dujian’s revenge?”
Sheng Tao glanced at Wang Anshi, then shook his head and said, “I don’t know that.”
Zhang Fei asked again: “Then are you going back to Beijing this time?”
Sheng Tao said: “I came to attend the Legislative Council at the end of last year. I was already on my way back, but was detained by the procuratorate.”
“That’s it.”
Zhang Fei suddenly nodded towards Wang Gong.
Wang Gong immediately sent word to Hebei Province to mention Wang Guanglian, the prison director.
Wang Guanglian came and sat down next to Cheng Fang.
Zhang Fei asked with a smile: “Wang Tixing, as far as we know, when the Zhanghe River was opened, the court ordered you and Cheng Dujian to inspect and formulate relevant plans. I wonder if that is true?”
Wang Guanglian nodded and said: “Yes.”
Tips: The Department of Prisons and the Department of Transportation both have the authority to manage rivers. Because these officials are envoys, their power can better represent the central government.
Zhang Fei said: “Does that mean you participated in the whole battle of Zhanghe?”
Wang Guanglian nodded and said: “Yes.”
Zhang Fei stretched out his hand to guide Sheng Tao across from him, “You must have heard what Sheng Yushi said just now. Is the situation really as he said?”
Wang Guanglian said: “For the battle of Zhanghe, one hundred thousand laborers were recruited and it stretched for more than two hundred miles. The scale of the project cannot be described by you or me at a glance.
Whether the graves are excavated is a gain, and whether the land is occupied and houses destroyed is a gain, but these are inevitable, and these are only a minority.
In order to gain credit, their censors are mean and ungrateful, and they only like to find out the root of the problem. However, they do not mention anything that is beneficial to the people. As Liu Tongpan said just now, many people in Mingzhou are happy to They just turn a blind eye to labor. If what he said was widespread, Hebei would have been in chaos long ago. Facts have proved that this is definitely not the case. ”
Zhang Fei nodded and said: “But since these things did happen, can Wang Tixing avenge them?”
Wang Guanglian said: “I was busy controlling floods at that time, so it was hard to worry about it.”
Zhang Fei asked again: “Does Wang Tixing think these things are illegal?”
Wang Guanglian shook his head and said: “I don’t think that the demolition of houses to widen the river is for the sake of the people and the country, not for us to pocket those houses. If they are not managed properly, If the river is allowed to suffer flooding, how can the farmhouses by the river survive?”
Zhang Fei asked again: “Regarding the demolition of private houses and occupation of private fields, does the government have any compensation measures?”
Wang Guanglian said: “There may be some omissions, but most of them are still recorded. Our court allows people to appeal for this, but at present it is estimated that we cannot provide money or land to compensate.”
Zhang Fei said: “When you planned to excavate the Zhanghe River, did you include these compensations in advance as expenses?”
Wang Guanglian shook his head and said: “That’s not true. If we want to calculate these, it will take too much time, which will delay the fortifications.”
Zhang Fei nodded and said, “Thank you both for being able to attend and testify.”
Subsequently, Wang Gong stood up and invited Fu Bi to attend and testify.
Everyone was refreshed. Fu Bi was highly respected and his testimony would definitely have a great impact.
After Fu Bi sat down, Zhang Fei said with a smile: “We invite Mr. Fu to testify today, not because Mr. Fu is related to this matter, but because we know that Mr. Fu knows the law and has a high degree of confidence in it. With great attainments and rich experience, we hope to listen to some professional advice.”
After Wang Anshi and Sima Guang heard this, they immediately felt unhappy. We are also professionals!
Fu Bi modestly said: “In terms of legal attainments, I am far inferior to Zhang Prosecutor.”
Zhang Fei said hurriedly: “I don’t dare! I don’t dare! In terms of legal research and experience, I am far inferior to Fu Gong.”
After some negotiation, Zhang Fei asked: “What the officials just said, Mr. Fu should have heard it.”
Fu Bi nodded.
Zhang Fei said: “I want to know, in Mr. Fu’s view, is there any illegal behavior in this?”
Fu Bi stroked his beard and said: “It is indeed difficult to judge the abuse of people’s power, but I think we should still consider the people’s livelihood. Otherwise, if the officials force the people to rebel, it will lead to catastrophe. This water It can carry a boat, but it can also capsize it.
The next step is forced labor. According to the regulations of our court, officials cannot collect labor without authorization. This requires the approval of the court. However, regarding the Hebei river defense fortifications, the court issued a decree, but the decree did not specify a specific number. It is also difficult to determine whether there is forced recruitment.
The only thing worth debating is the forced expropriation of people’s land and the demolition of people’s houses. ”
Zhang Fei asked: “Is there any explicit regulation on this?”
Fu Bi said: “As far as Lao Zhuo knows, there have been several examples of requisitioning private land and houses in the past.
In the seventh year of Dazhong Xiangfu’s reign, the imperial court built the Altar of Thanks to Heaven and Earth, which occupied the land of eighteen households. Later, Emperor Zhenzong issued an edict to compensate these eighteen households. Not only did they pay the market price, but they also paid an additional compensation of more than 300 yuan. Guan, each household can get more than sixteen Guan.
The Yongding Mausoleum was built in the first year of Tiansheng, occupying 18 hectares of Du Yangui’s field, and was estimated to require a total of 700 guan. Emperor Renzong issued an edict to increase the number to 1,000 strings. ”
Although it is said that the whole world is not the king’s land, the special national conditions of the Northern Song Dynasty led to the strong idea of private ownership. Maybe the emperor of the Northern Song Dynasty himself did not think that the whole world was the king’s land.
The first demolition bill in history was promulgated by Emperor Shenzong of the Song Dynasty in the Yuanfeng Year. But in ancient times, you should not be fooled by this kind of bill. Implementation is the key.
Fu Bi seemed to remember something again, and continued: “Oh, there is one of the most prominent examples, that is, in the first year of Qingli, when our court was fighting against Xixia, the court was worried that the border soldiers would be forced to build defenses. The destruction of civilian houses due to the construction of fortifications aroused public resentment, so the Zhongshu Province drafted an edict stipulating that civilian houses should not be forcibly demolished for the purpose of building fortifications.
In the second year, when Fan Wenzheng was inspecting the Western Front, when he passed through Pizhou, he encountered people blocking the road and complaining, saying that ‘officials were building camps, occupying gardens, and demolishing houses.’ At that time, Fan Wenzheng Citing this provision, the government was required to immediately compensate the people.
However, there were twists and turns in the process of compensation. Originally, Fan Wenzhenggong asked the government to compensate for land and houses to the people, but because the government had no free space, they paid a discount. However, because the local transportation department also had relevant regulations, The land should be compensated to the people, but no one informed the transfer department that the government had no land to compensate. However, the government relied on this rule and asked the people to get back the compensation money.
After Fan Wenzhenggong learned of this incident, he ordered the government to immediately return all the money that had been paid in compensation. At this point, the matter was settled. ”
After hearing this, Sima Guang was overjoyed and slapped his thigh again, and said angrily: “How could I have forgotten this? Although there are no regulations, there are precedents!”
Wang Anshi and Lu Huiqing frowned, and even Cheng Fang became frightened.
The atmosphere suddenly became tense.
Those previous confessions only revealed that Cheng Fang abused people’s power, but there was no way to follow it, but Fu Bi came up with laws and precedents.
Lost!
Zhang Fei asked: “Does Mr. Fu still remember this rule from Zhongshu Province?”
Fu Bi nodded and recited: “If the military state of Shaanxi Province builds cities, warehouses, pastures, barracks, etc., but the land is occupied by people, and the generals and officials are ordered to use their vacant land, the people are allowed to petition. Shoot, the lawsuit will be repaid. If there is no land, the original owner’s purchase deed will be obtained, and the principal will be paid back based on the purchase price of nearby lots.”
It is very detailed. Compensation is for land first, and the lot designated by the household head cannot be compensated for the lot in the wilderness. If there is no land, it must be repaid in money based on the price of the neighboring lot.
Zhang Fei asked again: “Does this decree specify Shaanxi Military Prefecture?”
Fu Bi’s eyes flashed with admiration, and he nodded: “Yes.”
Zhang Fei asked again: “The examples of compensation mentioned by Mr. Zhenzong during the Zhenzong and Renzong dynasties were Emperor Zhenzong and Emperor Renzong personally issuing edicts to compensate households?”
Fu Bi nodded and said, “Yes.”
Zhang Fei asked: “Does Fu Gong think that the states in Hebei should follow this example?”
“Can’t.”
Fu Bi shook his head and said: “I give these three examples just to prove that the imperial court actually has no express laws in this regard. Otherwise, there would be no need for the emperor to issue an edict, and why there would be a need for Zhongshu to issue regulations. And it only refers to Shaanxi military states.”
This two-level reversal made everyone present dumbfounded.
But looking back, it seems to make sense. If there are legal provisions, then the emperor needs to give an order and act in accordance with the law.
Especially in the case of Fan Zhongyan, it is pointed out that it is a military state in Shaanxi Province, in order to avoid arousing public resentment and delaying the war. In other words, this does not involve other places, and it can even be explained that there is no relevant law. If there is one, Zhongshu Why bother to save money?
Wang Anshi, Lu Huiqing, and Cheng Fang let out a sigh of relief.
It’s so scary!
Zhang Fei asked again: “The late emperor even gave compensation to the people, shouldn’t the government follow his example?”
Fu Bi said: “It’s true to follow it. If you don’t follow it, the Holy Spirit can punish you and order compensation for the people. But Prosecutor Zhang asked about the judiciary, and it is indeed difficult to judge judicially.”
Zhang Fei asked again: “Is it legally allowed to forcibly expropriate people’s houses?”
Fu Bi said: “The “Song Xingtong” only stipulates that officials are not allowed to seize houses and fields from civilians, but if it is done by the government and there is a decree from the court, it will be difficult to hold accountable.
But of course you can’t do this. It’s unreasonable. Since you’ve destroyed other people’s houses and fields, the court should compensate you. This is a matter of course. ”
Zhang Fei said: “Since it is a matter of course, why is there no relevant law?”
Fu Bi thought for a while and replied: “In my humble opinion, even if there is legislation on this, the situation may not be improved much. Just like the example of Fan Wenzhenggong, there is a clear law in Junzhou, Shaanxi It is stipulated, but this situation still happens. If it were not for Fan Wenzhenggong and repeated inspections, I am afraid that the people would not be compensated.
Because the government and law were integrated before, the person who implemented the government order was also the one who enforced the order. Naturally, he would not think that he was breaking the law when he demolished private houses. Moreover, it may really delay the river defense works and even lead to war.
As Wang Tixing said, it is almost impossible for such a large fortification to not have any flaws. However, due to these flaws, the commanders were changed on the spot, which even caused the river defense fortifications to stagnate, and the losses would be even more severe.
If there is a law but cannot be enforced, it will undermine the authority of the law. ”
Zhang Fei said: “According to Duke Fu’s wishes, should the imperial court order compensation to the people?”
Fu Bi said: “This is not a permanent solution. In the above three cases, the people encountered were all wise and wise ministers. They were lucky to receive compensation. However, at that time, there were actually many people who could not receive any compensation. ”
This is a major difference between the rule of man and the rule of law.
It was Zhenzong, Renzong, and Fan Zhongyan who ordered compensation for the people, rather than compensation according to law.
Maybe the results are exactly the same, but that’s two different things.
What if Zhenzong doesn’t pay compensation?
Zhang Fei nodded and asked: “What is the root cause?”
Fu Bi thought for a while and then said slowly: “I think that the question and answer just now have already explained the key to the problem, which is that a complete and thorough plan should be formulated before starting construction. This is also the tradition of our ancestors. The law emphasizes. How many rivers need to be widened, how many laborers must be recruited, how many fields must be occupied, and how many houses must be demolished, all of these should be included.
At the same time, perfect laws should be formulated to regulate how to recruit labor and how to compensate the people. In the past, there was no distinction between politics and law. Even if relevant laws were drafted, it might be difficult to enforce them. But now that there are public security laws, Lao Zhuo believes that this can be done.
In addition, if this is not stated, neither the Holy Spirit nor the Prime Minister actually know how much manpower and financial resources this fortification will require. After the fortification is completed, the result may not be what the Holy Spirit wishes. If they had known that it would cost so much The court may consider the manpower and material resources separately. ”
Zhao Xu burst into tears after hearing this. Indeed, this should be done.
Now this matter is making it difficult for him to get off the horse.
But when Meng Qiansheng and other officials heard this, they couldn’t help but become angry. Fu Bi was obviously cooperating with Zhang Fei.
It is estimated that this matter will be used to promote the public security law in Hebei.
If the public security bureau and the procuratorate go there with compensation, the people of Hebei will definitely support it with both hands and feet.
This is not the first time this has happened, but it is always hard to guard against!
Oh my God!
How to play this game!
Zhang Fei smiled and nodded: “Thank you very much Mr. Fu for providing us with such professional advice.”
Fu Bi hurriedly said modestly: “Where, where, this is just my personal opinion.”
“No no no!”
Zhang Fei shook his head and said seriously: “Fu Gong is really humble. Fu Gong is not only familiar with ancient and modern laws, but also currently serves as the chairman of the Legislative Council. This is a very professional answer and impeccable. Our Procuratorate will fully Consider it.”
Isn’t this a polite statement? Fu Bi was stunned, nodded dullly, then stood up and returned to his chair with a hint of doubt.
After Zhang Fei took a sip of tea, Wang Gong stood up and told Han Qi to attend to testify.
It’s my turn!
Han Qi stood up excitedly, but his feet went numb and he almost fell down. Fortunately, a servant on the side helped him.
Before Han Qi came to his senses, Fu Bi beside him said calmly: “Don’t be nervous.”
Han Qi turned around suddenly, “Are I nervous? This is numbness in my legs.”
Fu Bi stroked his beard and smiled. In fact, he was polite to everyone, no matter what class the other person was. He never judged people based on their class, but just teasing Han Qi made him feel a little more relaxed. After all, he felt comfortable in his heart. Still holding his breath.
Han Qi lightly stomped his feet a few times, then pushed the servant aside and walked up forcefully.
Fu Bi smiled and shook his head and said: “At this age, are you still strong? Or is it a return to the past?”
As soon as Han Qi sat on it, the atmosphere reached its peak.
Although Fu Bi and Han Qi were veterans of the three dynasties, Han Qi could represent the powerful officials of the old dynasty and had gaps with Wang Anshi and Sima Guangke.
His answer will make everyone nervous, including Wang Anshi.
Although Han Qi seems to be ill, who can guarantee that Han Qi will not take the opportunity to return to the court, which is difficult for both reformists and conservatives to accept.
Of course, Han Qi’s Ma Zai in the court was very excited.
“Forget your polite words, they don’t sound very pleasant, so just ask directly.”
As soon as Zhang Fei opened his mouth, Han Qi waved his hand.
In fact, Han Qi no longer wanted to be strong, but facing Zhang Fei, a young man, it still inspired him to fight a little bit, and he got the upper hand.
“Thank you, Mr. Han, for your understanding.” Zhang Fei smiled, coughed, and asked quite seriously: “Xianggong Han is currently serving as the pacifier of the Fourth Road in Hebei Province, and is judging Daming Mansion. I wonder if he is?”
Han Qi nodded.
Zhang Fei said: “But according to our procuratorate’s investigation, Mr. Han rarely interfered with Cheng Dujian’s river defense affairs in Hebei.”
Han Qi said: “That’s because I have been suffering from old illnesses in recent years and have been unable to handle government affairs.”
Zhang Fei asked: “Does Mr. Han know nothing about this?”
“That’s not true.”
Han Qi shook his head and said: “I am also aware of what Vice Envoy Zhou and the others just said, but as they said, I do not dare to interfere in this matter.”
Zhang Fei said in surprise: “With the status of Han Xianggong, would you be afraid of Cheng Dujian?”
Cheng Fang glanced at Han Qi cautiously, feeling uncertain in his heart. He did not give Han Qi face in Hebei, but he did not think that Han Qi was really so afraid of him.
Han Qi said: “I am not afraid of Cheng Dujian, but because of the river defense.”
Zhang Fei asked: “Can Xianggong Han explain in more detail.”
“Actually, they have just said that.”
Han Qi said with emotion: “There are unforeseen circumstances today, and floods are difficult to predict. If I intervene in the river control, if floods occur at this time, all the responsibilities may be borne by me. I am No matter how high your status is, you can’t afford the lives of tens of millions of people, let alone the other officials in Hebei.
Cheng Dujian is not scary, but what is scary is that what he is doing now is directly related to the country’s plans and the people of all walks of life in Hebei. ”
These words really touched the hearts of the officials and caused many officials to nod their heads.
Because floods are unpredictable, you don’t know what will happen next moment. If you interfere, if something goes wrong, no one can bear the consequences.
Zhang Fei stretched out his hand to guide Cheng Yi, “But Vice Envoy Cheng used the law to prevent Cheng Dujian from mobilizing the sailors.”
Han Qi smiled and said: “I don’t think this is a wise move. If there was a flood in the river last December or January this year, Deputy Ambassador Cheng will bear all the responsibilities, because no one can It proves that whether this fortification can prevent this flood can only be judged by the results.”
Cheng Yi couldn’t help but ask: “Mr. Han’s intention is that the lower officials should let it go.”
Han Qi looked straight in the eye and coughed, “Follow the rules of the hearing and you won’t have to bear the consequences.”
“.!”
Cheng Yi turned around in embarrassment.
You do not have the right to ask questions at the hearing.
The corner of Zhang Fei’s mouth twitched slightly and asked: “Mr. Han’s intention is to let Deputy Ambassador Cheng let it go.”
Han Qi then replied: “Everyone has his own ambitions, and I have absolutely no intention of doing so. But if Deputy Cheng leaves it alone, I can understand and won’t care about it, because things will inevitably develop like this. ”
Zhang Fei asked: “How do you say this, Mr. Han?”
Han Qi said: “Because Cheng Dujian is also scared. Just imagine, he has spent so much manpower, material and financial resources. What consequences will he face if he fails?
He will definitely block those breaches at all costs, and he will definitely be eager for quick success, and anyone who blocks him may become a scapegoat, so no one dares to speak out, and this will prompt him to intensify his efforts. This cycle continues until the final result is obtained. ”
Zhang Fei asked: “What does Mr. Han think the final result will be?”
“It will end in failure.”
Han Qi said: “The people of Hebei have to shoulder the heavy responsibility of defending the Liao Dynasty. How can they withstand such consumption? The tax revenue decreases every year, which already shows the problem. If this continues, the floods have not been eliminated, bandits are everywhere, and the soldiers are tired of river defense. We are unable to suppress the thieves, not to mention that the river defense fortifications will definitely be damaged. If the Liao Kingdom takes advantage of the situation, it may suffer a disaster!
But the fault does not lie with Cheng Dujian or Deputy Commissioner Cheng, but with flood control. It has always been China’s major plan and carries a heavy responsibility. The whole country should work together to manage the water, so how can it be pinned on one person? .
Nowadays, the ministers of the DPRK and China are constantly arguing about this fortification. Under such circumstances, in my opinion, it is better not to repair it. ”
Wang Anshi couldn’t help but frown secretly when he heard this. As expected of Han Gansou, this **** is still hot after all!