Judge of the Song Dynasty Chapter 710: Loyalty and justice
Chapter 710 Loyalty and Justice
There were loud boos outside!
In the past, on such occasions, the common people dared to call "dog officials". After all, this law does not punish the public, but they did not dare to scold the Imperial City Secretary. No one could guarantee that there would be no people from the Imperial City Secretary in the crowd. What to do if you suffer retaliation.
They can only make all kinds of weird sounds to express their anger.
Zhao Bian drank tea selectively and did not immediately stop the people. This is what the Imperial City Division deserves.
But then again, the layman sees the fun, and the expert sees the door.
This Liu Renzan is indeed a veteran in officialdom. In such a short period of time, he made the wisest choice.
This success is also the imperial power, and failure is also the imperial power.
He relied on the imperial power to feel confident, but at this moment he was also forced to confess by the imperial power.
Liu Renzan knew very well that the Imperial City Division only needed to be responsible to the emperor. Their life and death were completely in the hands of the emperor, and the judiciary could not punish him.
So when he considers anything, he must start from the imperial power.
If he still insisted that Hu Changbai and Qiu He were rebellious and even acted rogue, Zhang Fei didn't have much choice. He couldn't dig out their hearts and see if they were engraved on them. The word "treason" is written on it.
But in this way, it is enough to prove that their Imperial City Department has been very negligent in their work and failed to protect the interests of the emperor. This is very fatal for them. If they do this, the emperor will be How could you still believe them?
However, admitting that he only wanted to perform meritorious service is to deny that Hu Changbai and Qiu He had any intention to rebel. Even if they were beaten into submission, it did not violate the purpose of the Imperial City Division because it did not harm the emperor's interests. , the key point is that the other party still said those controversial words. In a sense, they still maintained the imperial power.
To protect the imperial power, it is better to kill the wrong one than let it go.
On this point, the emperor's thoughts were of course different from Zhao Bian's.
What Zhao Bian cares about is justice, while what the emperor cares about is loyalty.
Wang Gong knew the truth and couldn't help but admire him. He lowered his voice and said, "Prosecutor Zhang, it was really wonderful just now! He actually forced him to admit it. This... this may be our only chance of winning."
Zhang Fei smiled slightly and said: "It's not possible, but certain. If they don't take the initiative to admit this case, it's impossible for us to win. After all, Hu Changbai did say those words."
Wang Gong nodded, "Yes, yes! This!"
He didn't know what to say. The key point was that Zhang Fei acted very confident, as if he had everything under control, but in fact he only had one chance.
"Prosecutor Zhang, when will you send someone to track down the soldiers from the bridge camp?"
Qi Ji on the side suddenly asked sourly.
We promised team spirit, but ended up doing it privately.
Zhang Fei handed over the copy, "Aren't you the one who can write this copy? Why don't you ask me?"
"I don't have.!"
Qi Ji suddenly shut up, glanced at the copywriting again, pointed at Zhang Fei and said, "It's you!"
"Ahem!"
Zhang Fei stopped him with his eyes.
Qi Ji suddenly said with lingering fear: "Prosecutor Zhang, you are really a very talented person and very brave!"
If Liu Inzan came out with the report just now, the procuratorate would be quite embarrassed, because the procuratorate did not conduct an investigation.
Mainly Zhang Fei was worried that if he investigated, he would alert the enemy. After all, the investigative capabilities of the Imperial City Division should not be underestimated, so he just ordered the procuratorate to investigate as usual, which was very ordinary.
Zhang Fei smiled and said: "Because I know they definitely didn't investigate anyone else."
Wang Gong said: "Why is Prosecutor Zhang so sure?"
Zhang Fei said: "Because I have checked related cases. Cases like this are either expanded or used to make meritorious deeds. The Imperial City Division arrested Hu Changbai and Qiu He, and they are already better. But Liang Liang Neither Yu Hou nor the others have investigated it, so it is obviously the latter. The reason was made very clear by Commander Wu just now."
Wang Gong and Qi Ji both nodded slightly.
This is indeed very unreasonable, but they have never thought of finding loopholes in the Imperial City Division's execution procedures and then using this to turn the tables.
Over there, Li Lei was holding his forehead in frustration. Zhang Fei actually forced his employer to acknowledge such a win-win situation.
This is really not something even the gods can save!
At this time, Li Guozhong suddenly put his handkerchief in front of him.
Li Lei took a closer look and saw the word "loyalty" written on the handkerchief. He turned his head and glanced at Li Guozhong.
Li Guozhong said: "The main thing now is to keep our employer."
Li Lei suddenly understood.
At this time, Zhao Pian also asked: "Does the defense have any questions to ask?"
"Yes!"
Li Lei raised his hand subconsciously.
After seeing this, Li Guozhong said: "Calm down, I have told you a long time ago that losing to Zhang Prosecutor is a matter of course. Don't lose confidence because of this."
"Yes!"
Li Lei immediately took a deep breath, adjusted his mentality, and carefully thought back to the other party's question. After a while, he stood up and said: "Liu Gong's business."
"Huh?"
Liu Renzan seems to have fallen into semi-despair, and he has no hope for Li Lei and others. He has admitted it himself, so how can they save him.
But when he looked up at Li Lei, he saw the confidence in Li Lei's eyes, and hope suddenly ignited in his heart.
Li Lei asked: "In the morning, Marquis Liang Yu once said that there are often complaints in this camp, but as far as I know, the Imperial City Division has not arrested any of them before. I believe that the Emperor The City Secretary should have heard of these complaints, so why did they suddenly arrest Hu Changbai and Qiu He again this time?"
Why were Hu Changbai and Qiu He suddenly arrested this time? what why? Liu Renzan blinked in confusion and looked at Li Lei again. Suddenly he looked excited and coughed, "Yes, of course our Imperial City Division has heard complaints from people in the camp, but our Imperial City Division will not The main reason for arresting people randomly is because of this timing."
"This time?"
Li Lei immediately asked: "What does Liu Gongshi mean by this?"
Liu Renzan pondered for a while and said: "Actually, it was mainly because of the hearing on the sailor's desertion."
Li Lei asked again: "What does this have to do with the hearing?"
Liu Ren praised: "Because in that hearing, some military camp topics were involved. Although Sheng Shangren governed the country and spent hundreds of thousands of dollars in subsidies and compensation, our Imperial City Department was also very worried that someone would Use this hearing to do evil things because a lot of people were talking about it at the time.
So, our Imperial City Division sent many spies, and this case was established. Of course, our Imperial City Division does not want to expand the case, but hopes to act as a deterrent.
Because the responsibilities of our Imperial City Department are still different from those of the police station and the prosecutor's office. We mainly protect the Holy One and maintain the stability of the country. We must supervise and take action on anything that damages the stability. ”
Li Lei secretly breathed a sigh of relief, "Thank you very much Mr. Liu for answering my questions truthfully."
Liu Renzan also cast a grateful look at him. It’s really not a bad idea to invite you.
Sima Guang, Lu Gongzhu and others looked at Li Lei and Liu Renzan with contempt.
How shameless!
After Li Lei sat down, Zhao Bian looked at Zhang Fei again. Zhang Fei stood up and said, "I have asked all my questions."
Li Lei also said that he had no questions to ask.
Zhao Bian said: "Since neither the prosecution nor the defense have any questions to ask, let's take a short break first, and both sides can make closing arguments later."
"This Erbi is really cunning. It actually uses its allegiance to officials to make a fuss."
Wang Gong frowned.
Zhang Fei smiled and said: "Forget it! They have already given up the lawsuit and are working hard to save their lives. We can't force too much, lest the gains outweigh the losses."
Qi Ji sighed with emotion: "Well, even if we convict him, we can't punish them. In the end, we still have to leave it to the Imperial City Division to handle it themselves."
Everyone knows that it is the emperor who will deal with them in the end. As long as they hug the emperor's thigh tightly, their lives will not be in danger.
Sima Guang and the others also took advantage of this stall to whisper and discuss their next plan.
At present, the fact that Liu Renzan has been beaten by the Imperial City Secretary is illegal, so it involves a question, how to punish Liu Renzan.
They can't easily let go of the Imperial City Division, so this involves the next issue, the game between the prime minister and the emperor.
The judiciary can no longer control this matter, because the rules are like this, and the judiciary can only judge according to the rules.
After a short rest, Zhang Fei stood up first, looked around, and after brewing his emotions, he said loudly: "As for the first witness Hu Changbai and the second witness Qiu He, they are from ordinary backgrounds, and they are just Two very, very ordinary soldiers in the Maqiao Battalion.
This year is already halfway through, but according to our investigation, they only rest for less than five days, and most of the rest of the time, they live on the edge of the river, and have to go to the river to work before the fifth watch every day. Or you can work as a tracker, pulling passing ships, and stay busy until the sun goes down.
Day after day, year after year.
They do the hardest and most tiring work all year round, but rarely receive sufficient salary, let alone any rewards. But they still regard the military camp as their home and are never willing to leave. What excellent soldiers they are. However, they just complained a few words casually when they were drunk. This is a normal thing and anyone would complain about it.
I believe that all of you sitting here, as well as the audience outside the hospital, will complain all day long if the employer gives you less gifts even during the New Year.
However, these extremely common complaints fell into the ears of those with ulterior motives, and turned into slanderous discussions about government affairs, disrupting military morale, and plotting rebellion. And the two of them have also become tools for others to get promoted and make money.
And he was tortured. If he had not confessed, he might not be able to sit here today and let the truth be revealed to the world. And all this. ”
Having said this, he looked at Liu Renzan, Li Zhien and others over there, "They are all given by the Imperial City Division. As Liu Gongshi himself said, the duties of the Imperial City Division are to safeguard the Holy Emperor and maintain the stability of the country. However, However, they did not promptly inform the Holy Father of the soldiers' complaints and difficulties, which aroused the court's attention and found ways to improve the soldiers' living environment.
On the contrary, he only wanted to get promoted and make a fortune, and intended to use torture to force two outstanding soldiers to confess their crimes in order to scare the monkeys and silence the soldiers. However, this was tantamount to deceiving oneself and deceiving others.
The ancients said that it is better to guard against the mouth of the people than to guard against the river. If the soldiers' complaints about life are turned into overwhelming resentments, the consequences will be disastrous.
Throughout the ages, there have been many cases that tell us that this is not about safeguarding stability and protecting the Holy One, but deliberately destroying the country and setting the Holy One on a cliff. Not only did they fail to fulfill their due responsibilities, but they also continued to create dangers for the country and the monarch.
This kind of situation must not happen again. Therefore, I implore the chief judge to judge the Imperial City Secretary for being beaten and abusing the punishment, so as to serve as a warning to others. As well as corresponding compensation to the first witness Hu Changbai and the second witness Qiu He. ”
In ancient justice, there were relatively few compensation regulations, especially those involving the government and the people. However, the legal system emphasized the defense of personal interests, and compensation was indispensable. This was also a big issue between the Public Security Bureau and the old judiciary. s difference.
As soon as he finished speaking, there was thunderous applause and deafening cheers.
The common people did not dare to scold the Imperial City Division, they could only express their thoughts in this way.
Liu Renzan and Li Zhien stared at Zhang Fei with vicious eyes.
We have all admitted our mistake, and you still have to kill them all so that you can reap the benefits from now on.
Although Zhang Fei noticed their gazes, he didn't care at all. He nodded slightly and sat down gracefully.
Because he knew that after this case, the Imperial City Division would carry out reforms.
After Zhang Fei sat down, Li Lei stood up. He looked around and said loudly: "Away from the incident, you can always talk and laugh. There may be some doubts and controversies in this case, but in the Imperial City Division, they Their responsibilities are so important. Prosecutor Zhang also said that they have to protect the Holy Emperor, the imperial city, and the country. The pressure involved is unimaginable by others.
At that hearing, the behavior of the Chanzhou sailors may have been excusable in our eyes, but to the Imperial City Department, this was a very dangerous signal.
They must take this matter very seriously and not make any mistakes, because a small oversight may lead to a catastrophe.
Although the other party has repeatedly emphasized that guarding the people is more important than guarding Sichuan, please don't forget that in normal times, the Imperial City Division does not arrest people like this, just because this time is very special, and Hu Changbai and Qiu He's Those words were not just a complaint, they were also promoting a false statement, that is, accusing the imperial court of appointing a **** who did not know how to control water to control floods.
But everyone knows that Cheng Dujian knows how to control floods very well and has made great achievements. The hearing did not deny this. For these reasons, the Imperial City Division chose radical methods. ”
During the previous inquiry, he did not mention Cheng Fang because he was afraid of causing complications. The key point was that he thought it was unnecessary. As long as the Imperial City Division did not admit it, it would be difficult to lose the lawsuit.
But now that things have come to a point, he has to mention it.
But this provoked bursts of boos from the people.
But it doesn't matter, because Li Lei's words were not meant for the common people to hear, but for the imperial court to hear.
"Quiet!"
Zhao Peng knocked the gavel and stopped.
After the people outside the hospital gradually calmed down, Li Lei continued: "The purpose of the Imperial City Division is always to maintain the stability of the country. Although Mr. Liu may be eager to perform meritorious services, he is not a human being. It is natural. Therefore, I hope that when making a judgment, the imperial court should fully consider the public opinion and environment at the time, and put yourself in the shoes of the Imperial City Secretary. Thank you."
After saying that, he sat down.
Boos came from all directions again.
In the eyes of the people, Li Lei is a tough talker. Your employer has already pleaded guilty, but you are still here to hold on. It is really shameless.
Zhao Pian ignored the people and let them hush for a while while he carefully read through the evidence they had just handed over.
Sima Guang and the others' eyes are now all fixed on Zhao Bian.
After a while, the people became tired of shouting and gradually became quiet.
Zhao Bian then raised his head, first struck it with a gavel, and then said loudly: "First of all, the president of this court is very grateful to both the prosecution and the defense for their wonderful arguments on this case.
Secondly, during the debate, the prosecutor proposed a brand-new argument about "slandering the government", which has never appeared in other cases. Whether it can be established is still open to question.
This argument is crucial to this case, and the Imperial Court still needs to discuss it. Therefore, no judgment will be made today. The Imperial Court will make an explicit judgment after the argument is discussed clearly. This concludes today's trial and leaves the court. ”
The people were immediately dumbfounded.
With everything being beaten like this, can’t the verdict be made immediately?
Can you examine cases?
They don’t understand any new arguments, they simply think that Zhang Fei’s words are very reasonable, and there is no need to wait for another day to decide. Is there something fishy in it?
Zhao Pian ignored their complaints and asked people to pack up the copywriting and prepare to leave.
"Gone!"
Fu Bi supported his knees with both hands and stood up slowly, but his face seemed to be covered with a mask of pain. The old servant beside him wanted to come over to help, but he stopped him with his peripheral vision.
The old servant was stunned for a moment, what is going on?
As everyone knows, Fu Bi is still a bit stronger in front of Han Qi. Although he lost to you politically, he still beat you physically.
Han Qi seemed to be thinking about other things and didn't notice Fu Bi's little thoughts. He hurriedly stopped Fu Bi and asked, "Yan Guo, the other party has already pleaded guilty. Why doesn't Yue Dao sentence him immediately?"
Fu Bi flexed his muscles a little and said, "Yue Dao has just made it so clear, didn't you understand?"
Han Qi said: "Isn't that an excuse?"
"Of course not."
Fu Bi glanced at Zhao Pian, "I think Yue Dao wants to turn Zhang San's argument into a written precedent. In this way, no matter how Liu Renzan and others are dealt with in the end, at least this trial will still gain a lot. , and can also give the Imperial City Division some restrictions."
Han Qi nodded: "I see. Does this need to be discussed by your Legislative Council?"
Fu Bi thought for a while and said: "Unless it needs to be written into a written regulation, or someone is dissatisfied with it, otherwise, it does not need to be discussed by the Legislative Council."
Zhang Fei was not surprised that there was no immediate verdict. He packed up his papers and was about to leave when Li Guozhong suddenly came over, held up his hands and said: "I really don't know if I can win against Zhang Prosecution once in my lifetime."
Zhang Fei smiled and said: "You guys are so unwilling to make progress, you probably won't be able to defeat me in your lifetime."
Li Guozhong was slightly surprised and said: "Don't want to make progress? Where do you start talking about this?"
We have been humbly learning from you!
Zhang Fei said: "At that hearing, I already hinted to you that you can't just practice lip service when fighting a lawsuit today. The key is to emphasize professionalism. On many issues, you must invite some professionals, and you can't Just relying on your own imagination and speculation is not enough to convince the public.
If they had invited Commander Wu here today, it might have been a different outcome. But what is disappointing is that you seem to have no idea about the operation of the Imperial City Division, how can you be undefeated! ”
Li Guozhong frowned secretly and said: "But we are just a small Erbi. We can't recruit Commander Wu. We cannot compare with the Procuratorate in this regard."
Zhang Fei smiled and said: "But your client status is not ordinary. As long as you open your mouth, you can even invite Ma Shuai. This is not a reason."
Li Guozhong smiled awkwardly, cupped his hands and said, "Thank you very much, Prosecutor Zhang, for your advice."
"I hope you can apply what you have learned"
Zhang Fei chuckled, cupped his hands and said, "Farewell."
"The other party has already admitted that he was beaten into submission and abused the punishment. Why doesn't the chief court judge immediately?"
Cheng Yi asked in a low voice, very confused.
Zhao Pianxiao asked: "Do you think Prosecutor Zhang's argument for slandering the government is reasonable?"
Cheng Yi nodded and said: "I think it is very reasonable. According to the relevant cases that I know, none of them are based on personal gain or loss, because this kind of complaint cannot confuse people. This is indeed a subtle, Rigorous argument."
Zhao Peng nodded and said: "That's why we can't make a verdict immediately."
Cheng Yi said in confusion: "The lower official is stupid and I don't know what the president of the court means by this."
Zhao Bian explained patiently: "Although the Imperial City Secretary has admitted to subjugation and abuse of punishment, he still insists on the crime of slandering the government, so this argument of Prosecutor Zhang becomes crucial.
And our Imperial Court must give a rigorous and clear explanation, leaving the Imperial City Division speechless and allowing this precedent to be applied to all similar cases.
We must therefore carefully consider how to use written judgments to distinguish complaints from slander. ”
Cheng Yi finally understood, nodded and said: "I see, I understand."
After saying that, he said with embarrassment: "This public prosecutor is really knowledgeable!"
Zhao Bian said: "Don't be discouraged. There is no shortcut on this road. It requires rich experience."
Cheng Yi said: "But Prosecutor Zhang is not yet 30 years old."
Zhao Bian thought for a while, "About Prosecutor Zhang, I can only describe him as a genius."
At this point in the trial of the case, the work of the Procuratorate and Erbi has been completed, but the work of the Imperial Court has just begun.
On the second day, Zhao Pian summoned everyone, and even invited some bachelors with relatively high legal attainments from the Hanlin Academy to help, including Fu Bi, who worked day and night to review cases related to slander and discussion of government affairs. Study how to write this judgment.
If you want to package this case into a legal precedent, you must carefully consider your words and sentences. The key point is that the crime of slandering the government is a pocket crime, and it also involves imperial power. So how to draw the line? Where is the line drawn? Where to find the right one actually tests your skills and you must be precise.
Fortunately, Zhang Fei has given a very clear framework, so after everyone's efforts, the imperial court finally issued a judgment on the case five days later. The reason why it did not choose to judge in court was because Zhao Pian believed that oral judgment would not be effective. It may cause ambiguity, but it can be accurately expressed by directly giving a written judgment.
Of course the result was that the Imperial City Secretary lost the case. The imperial court ruled that the Imperial City Secretary had been beaten into submission and abused the punishment. It also found Hu Changbai and Qiu He not guilty of slandering the government, and gave a very clear and detailed explanation.
However, this line is drawn very conservatively. It is basically drawn on ordinary people to ensure that ordinary people will not easily face this crime again.
Because there is a sentence in the explanation that specifies that the applicable object "should have no reputation, no influence, and should only proceed from the gain and loss of its own interests."
This sentence limits the entire legal precedent to very ordinary people. If the target is Su Shi, this legal precedent will not apply.
In fact, of course the ministers did not want this sentence to be written, but both Zhao Pian and Fu Bi believed that if it were not written like this, the emperor would not be able to pass the test, and it would not be widely applicable.
At the same time, the Imperial City Division was sentenced to compensate Hu Changbai and Qiu He respectively one hundred guan each.
This is required by the Procuratorate.
As for how to deal with Liu Renzan, the imperial court also gave an accurate answer, which is to return it to the Imperial City Division for its own disposal in accordance with the law.
The judiciary can only judge this way, because it is stipulated in this way, but naturally the courtiers will not give up!
I may take a day off tomorrow to go back to my hometown with my family and go through some household registration procedures.