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First Acquaintance with the Temple Chapter 250 Litigation

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    Chapter 250: Litigation Due to the stability of Dihe River, the three armies joined forces.  Zhao Yu appointed Han Shizhong as the Grand Marshal of the Song Dynasty to command the three land and one sea routes.  Zhang Jun returned to Beijing to report on his work.  His position is temporarily replaced by Xue Bing.  The return of this meritorious official is also the hottest topic at the moment. Everyone knows that two murder cases caused by his annexation of land are still pending in Kaifeng Mansion.  According to ancient laws, for example, rape may only mean exile in the army, but if the victim commits suicide, the criminal will be punished by death.  In other words, although modern law says that Zhang Jun is not responsible for two lives, in ancient times, he was responsible.  The phenomenon of enclosure is quite serious.  Not to mention the common people, he is just a fifth- and fourth-grade imperial official who will bully you just like anyone with power.  Wang Fu seized the house of General Xu, the servant at his left neighbor's door, and swept General Xu's family, including his family and servants, out in broad daylight.  Quite arrogant, and of course it depends on who he bullies. General Xu was a relatively famous capable minister at that time, and was also a third-rank minister in the three dynasties, but the emperor did not value him.  On the other hand, if anyone dares to touch Ou's house now, Ouyang may dig up his ancestral grave.  ¡°So this kind of thing doesn¡¯t seem to be a big deal, but it¡¯s a different matter when there are two lives.  The Tixing Yamen had already collected all the evidence and handed it over to Li Gang. A few days before Zhang Jun came back, Li Gang was transferred to the emperor.  The Northern Song Dynasty was very fond of prisons. The fourth-rank officials in the capital did not need the emperor's permission to impose punishments, but had the right to investigate the criminal charges of first-rank prime ministers.  The prison was under the direct control of the emperor.  Moreover, there was a prison record every ten days, which meant that the emperor had to personally see the files of criminal cases, especially human lives.  Every murder case must be investigated three times, or even the final five, with supervision from departments at all levels, including Dali Temple and the Ministry of Punishment.  If you complain of injustice, you will have to push it again. Zhongshu Sheng, Menxia Sheng, Taijian, etc. all have to pass.  The emperor would also send people around him to various places to monitor prisons.  Never believe that Bao Qingtian has the right to kill people on the spot.  Not to mention the county magistrate going to kill the criminal.  So the murder case is still very big, otherwise there would be no corpse case in Yangping.  If the emperor wants to suppress a murder case, the censor must come forward, otherwise he will be derelict in his duty.  The emperor has the power of pardon, but not the power of asylum.  Zhang Jun¡¯s role in the Laizhou War is obvious. Without Zhang Jun¡¯s talent, there would be no current situation.  This is a man of great military merit.  Zhao Yu was very embarrassed.  Li Gang also knew that Zhao Yu was in trouble, but this matter had to be dealt with and an explanation had to be made.  Zhang Jun's crime was: annexing land and forcing people to die.  The former can be ignored, while the latter must be taken seriously.  Li Gang asked Tai Xuzi for advice.  Taixuzi said: "No matter how you decide this matter, it will not work. Let Zhang Jun go. The Ministry of Punishment, Dali Temple, Yushitai, Zhongshu, and Menxiasheng all cannot agree. Punishing Zhang Jun severely will chill the hearts of the soldiers. Zhang Jun  His contribution is obvious to all. This Zhang Jun has posed a big problem for the emperor. "Just like family planning, if a high-ranking official has two children and is not punished, it will be difficult to do the work, which may lead to drastic changes in the system.  "It is the duty of a minister to share your worries." Li Gang asked, "What do you think we can do?" "There is only one way, send someone to arrest Ouyang immediately. I think this kid is going to run away, so be quick."  Taixuzi said: "Ouyang is more expert in these cases. This is the truth. This man will not wade into muddy waters. Whether Zhang Jun dies or not has little to do with him. In order to avoid the emperor notifying him of coming to Beijing, he may go to hide somewhere.  How many days?" "If this matter is so difficult, he can find a way?" Li Gang didn't believe it.  "Which of the Yuzhou, Xixia, Jurchen laborers, etc. is easy to do?" Taixuzi added: "Just because this matter is more difficult to handle, it must be arrested, not invited. At least it will be stared at, the emperor's decree  Once you arrive, it won¡¯t matter if you don¡¯t come.¡±¡­ So Ouyang was betrayed and came to Tokyo very unhappy.  Zhang Jun has already settled in the Forbidden Army camp, and he also knows the current situation.  Laizhou risked his life and finally risked his money to fight a big war, just to get rid of his merits.  It's okay to take human life lightly, but don't leave any clues and don't make things big.  It's not that there is no such thing, but before it gets too big, the victim will reach a certain agreement with the victim.  Or use your power to die violently.  Facing Zhao Yu who was looking forward to it, Ouyang sighed and said: "Your Majesty, the minister is actually a county magistrate. Your Majesty cannot let the minister be an imperial envoy, a supervisor of the army, a road inspector, when" Zhao Yu ignored him and asked:  "Can it be done?" "Yes, but it will take a lot of time and energy." Ouyang said: "Your Majesty has asked Wei Chen to come, can Wei Chen not do it? But as far as Wei Chen knows, Zhang Jun can fight.  , But he is also very greedy. Wei Chen feels that he will be a corrupt official sooner or later, so it is better to do it earlier. " Zhao Yu said: "I asked you to help, not to cause trouble. " " The only way is to fight.  Dropping this lawsuit proves that Zhang Jun is not responsible for the death of the two deceased, or does not need to bear the main responsibility, and then he can be justified and made meritorious service, and it can also show that our country, the Song Dynasty, has heavy prison sentences and heavy evidence.  This lawsuit?" Zhao Yu pointed to himself.He said in front of him: "There is already irrefutable evidence in the dossier." "So it takes a lot of energy and time." Ouyang smiled bitterly: "As for the dossier your Majesty mentioned, I think it is full of loopholes." "This is not a bad idea.  Way." Zhao Yu just calculated the gains and losses and didn't care about the time and energy Ouyang had to spend. He was very busy.  Zhao Yu said: "Is one month enough?" "Enough, but no matter what the result is, Weichen will charge a fee." Ouyang calculated: "At least ten thousand yuan. Litigation always costs money.  , It¡¯s not just a matter of losing money and making a profit.¡± ¡°Okay,¡± Zhao Yu said with a smile, ¡°I don¡¯t have to give you the money.¡± So, Yangping University¡¯s law professor and a lawyer from Yangping Commercial Group went to Tokyo.  According to the procedure, Zhang Jun's wife went to complain, saying that Zhang Jun had been framed.  Zhang Jun also only admitted that land was involved, but not that human lives were involved.  This makes this already compelling case even more compelling.  Don¡¯t underestimate Ouyang¡¯s team of lawyers. Some of them are senior retired lawyers, and some can recite Song Dynasty laws backwards and forwards.  A professor last year pointed out more than 30 loopholes in Song Dynasty rules. Both Xingbu and Dali Temple took it very seriously and are currently drafting revisions.  This case involves as many as a dozen loopholes in the Song Xingtong system in the Song Dynasty which is also the most critical.  The Song Dynasty was most proud of its strict and complete economic legislation, which was proud of for five thousand years.  Some lawyers went to Hebei to investigate several doubts discussed by everyone, while the rest read files and met with Zhang Jun.  Because the victim complained of injustice, according to the procedures, the case will be postponed and the case will be tried again in Dali Temple.  Before Ouyang came to the Song Dynasty, the Song Dynasty had relatively advanced litigation knowledge, but most of them were economic lawyers. In criminal matters, they could only write pleadings and there was almost no defense.  But litigants have a bad reputation.  Greedy, cold, cunning, and cunning, they are best at telling right and wrong, confusing right and wrong, and making excuses. Fishing for profit was their position at that time.  In the Spring and Autumn Period, a man named Deng Xi started the debate.  History records one of its most shameless coordination lawsuits.  There was a flood, and a rich man in the state of Zheng drowned, and the poor people salvaged the body.  The rich man's family negotiated with him, but the price was too high and failed.  Please analyze Deng.  Deng Xi said, if he doesn't sell you, who else can he sell to?  The poor man was impatient and could not let the corpse fall into his hands, so he also went to find Deng Xi.  Deng Xi replied: If he doesn¡¯t buy it from you, who can he buy it from?  For the same fact, Deng Xi used different angles to create two results. Each of them seems to be logical, but together they are nonsense.  From this we can also know that this originator was a very unprincipled person.  Of course, not many people have principles as litigators.  What is very humorous is that Deng Xi also charges legal fees. For big cases, it is a suit of ready-made clothes, and for small cases, it is a top or pants.  According to "Lu's Spring and Autumn Annals": "The state of Zheng was in chaos and the people were noisy." The problem could not be solved without solving it, so Deng Xi was killed.  Guilty no crime. ?¡­ ?The team of lawyers is large, but only one person can take the field.  This person is Liu Lang, the chief lawyer of Yangping Business Association and the guest professor of Yangping University.  This little kid has been very rebellious since he was a child. Not only did he ask questions that troubled his husband, but he was also picky about government policies.  When Umeda was ten years old, he was caught stealing.  It was his aunt who committed the theft, so he wrote a pleading to the government, saying that his aunt was innocent.  The government ignored him, but he actually sent a pleading to the Criminal Division. The pleading stated that his aunt could not steal the pearls from the owner's house because it was difficult to remove dirty pearls, and the aunt abandoned the gold items instead of taking them, which was contrary to common sense.  Also, although the pearls were found in my aunt's house, I wonder how someone could put the stolen goods on the bed where they can be seen at a glance.  Feeling that Ti Xing was justified, he came to investigate in person and finally confirmed his aunt's innocence.  As soon as Liu Lang appeared on the stage, he asked the uncle who suffered: "Did Mrs. Zheng (the first deceased, the identity mother) have a chronic cough that is difficult to stop? And she also bleeds from time to time?" "Yes" "Is the daughter-in-law treating her very badly?" "  "No." "You're talking nonsense." Liu Lang said, "I have proof from the head of your village. My daughter-in-law often says in front of outsiders that her mother-in-law is too old to die." The uncle replied, "There are conflicts between mother-in-law and daughter-in-law."  Everyone has it. Zheng Yi (the second deceased) was very filial, and his wife did not dare to say anything. " "That means that when Zheng Yi was not here, she dared to say anything, or even do anything, right?" Liu Lang asked, "Even.  He said some ugly words, which made his mother-in-law feel that she was dragging her son down, and then she hanged herself." "Impossible," the uncle said firmly, "But according to our investigation, she was not like that.  Three months before her death, she went to buy arsenic and told people along the way that her daughter-in-law was not good and she would die to show her. "The reason was that Zheng Yi wanted to teach his mother-in-law a lesson."  In other words, Zheng did have thoughts of committing suicide before the land was annexed, right?"  The uncle sighed and nodded: "Yes" Liu Lang raised his head and said: "Sir, it's not just a matter of the daughter-in-law. Everyone in the neighborhood knows that Zheng has a bad temper. Once he couldn't borrow a farm ox, he went to the patriarch's house to cause trouble. He was driven away  After she came out, she wanted to die at the clan leader's house. Later, the clan leader had no choice but to give her the cattle for her family. So we have reason to believe that Zheng's death was not entirely Zhang Jun's fault. "Zheng's reputation is not good.  Crying, making trouble, and hanging were all used in Zhengcun. Even for ordering sesame seeds, I had to cry and make trouble at other people's houses.  Liu Lang provided many witnesses to prove this point.  This is not found in the sentencing files.  The Minister of Dali Temple obviously agreed with Liu Lang's statement. It may be Zhang Jun, or it may not be Zhang Jun who caused Zheng's indirect death.  ¡­ ¡­ As for the second deceased, Liu Lang proposed the theory of no responsibility.  Zheng Yi died because he thought he had no way to sue, and it was not Zhang Jun's responsibility.  Liu Lang provided a lot of evidence. The waiter at the inn where he lived could prove that Zheng Yi's words and mood were very decadent.  Especially after knowing that Li Gang advised him not to sue for the time being, his spirit collapsed.  There was no way to complain and making rash judgments without knowing the facts was the real cause of his death.  Liu Lang said: "General Zhang Jun is deeply responsible for the secret service. Naturally, Prime Minister Li did not dare to say clearly about such a major military and national event. It was not one person, but the life and death of thirty thousand brothers in the Forbidden Army. As prime minister, Prime Minister Li not only came to the king to ask for orders, but also paid hundreds of tributes.  In his busy schedule, he went to appease Zheng Yi, gave him gold and silver, and promised that Li Gang would not die for a day. However, Zheng Yi persisted in going to the extreme, and there was no reason for him to express his dissatisfaction.  Finally, he hanged himself in front of Prime Minister Li's door. Everyone should see this. He hanged himself in front of Prime Minister Li's door instead of in front of Kaifeng Mansion. This shows that he was not only unappreciative of what Li Xiang did, but also very dissatisfied with him.  Ungrateful." The Minister of Dali Temple shook his head: "Zheng Yi died because of Zheng's death, not" "Your Excellency said well," Liu Lang said, "But we proved it before.  , Zheng's death may be Zhang Jun's responsibility, or it may not be. So whether Zheng Yi was indirectly killed by Zhang Jun, we only need to find out whether Zheng was indirectly killed by Zhang Jun, is that right? "Juror?  After hearing this, everyone felt that it made sense. If Zheng's death had nothing to do with Zhang Jun, then Zheng Yi was a false accusation, and it certainly had nothing to do with Zhang Jun.  The Minister of Dali Temple nodded: "That's it." "The deceased is dead, we can't guess what she was thinking." Liu Lang said: "But I have evidence to prove that the day before Zheng's death, she had a fierce quarrel with her daughter-in-law. On the same day  Oh my god, Zheng was slapped in the face because her grandson was beaten. It was also the same day that Zheng Yi lost the 20 coins he had given to buy medicine for Zheng.  There are five possibilities for Zheng's death. I think it is very unfair to blame Zheng's death on Zhang Jun. I know that many people commit suicide, and if they are saved, it is usually not because of the same person.  Then commit suicide. " "Yes" Suicide is still relatively common among rural women.  On the one hand, it is domestic violence, on the other hand, it is low status and embarrassment in life.  Even in the 1990s, it was not uncommon for rural women to commit suicide by drinking pesticides. Some of the reasons were justifiable, and some were simply hot-tempered and willing to risk their lives. The cause was because of the sesame and mung bean incident, or even a word.  The Minister of Dali Temple is quite shrewd. He said: "There may be many possibilities, but there must be a reason for losing the land." Liu Lang nodded: "This matter is indeed Zhang Jun's fault." He readily admitted that this cannot be  Denial, even if there is a way to deny it.  Ouyang specifically confessed this point, because Ouyang believed that such a public case could not be won and the reputation would be lost.  What Liu Lang said is true. It seems that he was negligent in raising the sentence, but in fact he was not.  The sentencing process only collects evidence that is unfavorable to the defendant, and the defense naturally collects evidence that is favorable to the defendant.  After a debate in front of the hall, the Minister of Dali Temple submitted his opinions.  Zhang Jun had some responsibility for the deaths of Zheng and Zheng Yi, but it was not the main responsibility. After all, Zheng committed suicide five days before the land annexation.  Zhao Yu looked at the above table and expressed no opinion for the time being. Two days later, the Royal News published the court proceedings.  ?Then Royal News collected the voices of the people.  Most people believe that Zhang Jun is not innocent, but it is not appropriate to give a heavy sentence.  Some people believe that since Zhang Jun has made great contributions to the country, there is no need to pursue the case.  Some people also think that there is an inside story, and they do not rule out the possibility of officials protecting each other. This part of the argument is very rare. The Song Dynasty had strict requirements for the litigation system. For example, if it involves relatives of powerful figures in State A, the judgment in State A is invalid and must be moved to another place in State B.  Trial.  In the end, Zhao Yu ruled that Zhang Jun was demoted to the eighth rank general and returned to Hebei Military Road to perform his crime and meritorious service.  In addition to returning the land, he was fined half a year's salary and compensated the Zheng family's total funeral expenses of 200 guan.  Zhang Jun agreed, and the case came to an end.  In the battle of Laizhou, Zhang Jun could have been the bestHe rose to the level of Liu Qi, but his greed ruined his great future.  However, his military ability is obvious to all, and he can start over again given time.  It may not necessarily be a bad thing for young Zhang Jun.  Among the four generals selected by Ouyang, the three generals all displayed extraordinary military capabilities.  Han Shizhong became the best among all generals.  Only Liu Guangshi was not optimistic.  Liu Shiguang led troops to fight several hard battles on the Yongxing Military Road. He was not good at fighting such battles, but the results were unsatisfactory and he was labeled as a counterfeit product.  Among the generals who are related to Ouyang, all the generals except him are already famous.  This also made Ouyang Hui famous for recognizing talents with his eye.  Zhao Yu spoke to Ouyang again, and the only question was: "If all the people in the world use Liu Lang, won't our Song Dynasty become the Zheng State where people talk about chaos?" Ouyang was already prepared to answer: "Since the lawyer can  Helping the criminal to fight the lawsuit will naturally help the victim to fight the lawsuit. Moreover, what Liu Lang said is all true. If there is no lawyer, even Zhang Jun will feel that he deserves it, and he does not know that there is a reason for it. " "What about the poor people?"  "Your Majesty, don't worry. Weichen, the litigator of the Song Dynasty, can still control it now and will not take on such a prison case. When there are more of them, Weichen will also have measures to restrain them." Ouyang said: "A very important issue now is that not only the people are not  Even Zhang Jun and even the court ministers rarely know the law, so they must first support the litigants. Your Majesty also knows that Emperor Taizu valued the law and did not promote Legalism, which means that the law is based on Confucianism.  "The law of respecting Confucianism actually has little to do with Legalism." Zhao Yu nodded: "I remembered what you once said about the Constitution." "" Ouyang didn't know how to respond to this question.  Zhao Yu understood that Ouyang knew that it would be useless if he said anything.  Zhao Yu changed the topic and asked: "Are there any outsiders participating in this year's football match?" "Your Majesty, only Dali sent people." Zhao Yu nodded and asked no more questions, waving Ouyang to get out.
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