Northern Song Dynasty Justice

Chapter 2

Because the ancient system is not so perfect, the government is actually very personalized. The image of the government, as well as the working style and efficiency of the government's internal personnel, mostly depend on the boss of the government.

From the series of events that happened just now, it can be basically confirmed that the owner of this government is definitely a diligent and strict official.

Otherwise, with Zhang Fei's image and attitude, he might be driven away before he took out the pleading paper, not to mention that the clerk would find Liu Hai immediately to receive the pleading paper.

You must know that today's government does not serve the people, but serves the emperor, and it is more about ruling the people. This is a completely different concept.

The facts are indeed true. Xu Zun, the magistrate of Dengzhou, has always been fair and strict, honest and upright, and very diligent. He had already served in Dali Temple, and he was a Beijing official. He was sent to Dengzhou as the magistrate the year before last.

Because the Tang Dynasty was in chaos due to the local Jiedushi, the Northern Song Dynasty was very concerned about the local rule.

Zhizhou and county magistrates all mean "temporary supervisor". After another year, they will have to return to Beijing to take up their posts. With this arrangement, it is impossible to form an intricate network of forces at the local level, which is tantamount to changing direction and strengthening centralization.

Xu Zun, who had just approved the release of Zhang San's official document, did not give himself a little vacation. At this time, he was sitting at the table, carefully reviewing the confession of Ayun's case.

But Xu Yuan, who was standing next to him, had a worried expression on his face.

Judging from the facts of the case, this case was nothing more than a very simple murder case. It took less than a day for Ayun to plead guilty to the crime, so the county captain of Penglai County quickly closed the case.

But it has dragged on for several months.

It turned out that the case involved human life, and the sentence was a crime of treason, one of the four evils, which generally refers to the murder of a close relative, and the murder of a husband is naturally one of them.

According to the law, Penglai County does not have the right to make a final judgment, because according to the legal system of the Song Dynasty, it will be handed over to Dali Temple, the Ministry of Punishment, and the Trial and Criminal Court for review before giving the final judgment.

Dali Temple and the Ministry of Criminal Justice saw the case and approved it without any doubts.

But when the judgment of this case fell into Xu Zun's hands, Xu Zun thought the judgment was unfair.

Because a year ago, Ayun's mother passed away, that is to say, Ayun was still in the filial piety period, so according to the laws of the Song Dynasty, during the filial piety period, marriage is not allowed.

Xu Zun took this as an excuse to file a defense with Dali Temple and the Ministry of Punishment.

Dali Temple ignored it for the first time and continued to uphold the original sentence.

Although there is this law, there are etiquette laws among the people. In the folk, during the mourning period, it is only said that no wedding will be held, but marriage proposals and recruitment (lower employment) are all possible.

According to the law, as long as the man has paid the levy, the two are husband and wife.

Xu Zun made another defense. This time, he even criticized Dali Temple and the Ministry of Criminal Justice. As officials, we should obey the law, not the unwritten regulations of the people. This is clearly stipulated by the law. As law enforcement Personnel, but know the law and break the law.

This time, the Dali Temple and the Ministry of Criminal Justice finally gave up the crime of treason, convicted Ayun of the crime of murder and was hanged according to the law.

However, Xu Zun only ordered the release of Zhang Fei's official documents, but did not pass the final judgment of Dali Temple. He obviously still has doubts about this.

Xu Yuan, who has been following him, felt that Xu Zun was a little too much, so he advised: "Now Dali Temple has taken a step back, why don't Zhizhou accept it if it doesn't get better."

Xu Zun frowned and said: "Although the verdict of Dali Temple did not mention the ten heinous crimes, it still sentenced Ah Yun to murder and was injured, and he was hanged. This is still a death sentence."

Xu Yuan thought it was funny, and said: "But there is no problem with this charge. Ah Yun has the intention of murdering, but he failed, so the murder is already injured."

Xu Zun asked with a smile: "When I discussed the ten heinous crimes with you, how did you say it?"

Xu Yuan pondered for a while, and said: "At that time, the lower official said that although the law does not allow marriage during the mourning period, the folks also have etiquette to follow. They just don't hold weddings, but they don't object to marriage proposals and levy. The Wei family has already paid levy. The two should be husband and wife, so Ayun's murder of Wei Ada is the murder of his own husband, which is a heinous crime."

Xu Zundao: "Yes! At that time, you said that it was impossible to absolve the ten heinous crimes, but now the Dali Temple has not mentioned the ten heinous crimes. This is not the tolerance of the Dali Temple, but the Dali Temple also knows that the verdict is not convincing. , that’s why the sentence was changed to murder. After all, if I didn’t appeal at that time, wouldn’t it be an unjust case.”

Xu Yuan was speechless for a while, the heinous crime and murder have been wounded, both of which are death, the difference is that murdering one's own husband is punished by beheading, while murder is wounded and sentenced to be hanged.

Is there a big difference?
Is it wrong?
He estimated that Dali Temple must be too lazy to argue with Xu Zun. After all, this guy is a habitual offender, so he took a step back.

Xu Zun glanced at Xu Yuan, seeing that he was still dissatisfied, so he said earnestly: "You have to remember one thing, the law can put a person to death or keep him alive. However, once a person's life is gone, there will be no more. Redemption, so when we try a case, we must try every means to give the prisoner a chance to live, so that we can try our best to avoid unjust, false and wrongful convictions."

Xu Yuan looked at his boss helplessly, obviously, he did not accept Xu Zun's idea.

Just at this time, Mu Ke Liu Hai, who was specialized in delivering pleading papers, suddenly appeared in front of the door.

"Report to Zhizhou, just now someone broke into the yamen to file a complaint."

He used "break" to describe it, which shows that he was very upset with Zhang San, because breaking into the yamen was already breaking the law, and he could be punished with a stick as a warning.

But Xu Zun thought that it was not a small case because he broke into the yamen to file a complaint, so he immediately asked, "Do you have a pleading paper?"

"Yes. But.!"

Liu Hai hesitated a little.

Xu Zun immediately asked, "But what?"

Liu Haidao: "But. But!"

Seeing his hesitation, Xu Zun said impatiently: "You present the pleadings."

"Yes."

Liu Hai didn't dare to say much, and quickly presented the pleadings.

Xu Zun took it, and when he saw half of it, he couldn't help showing surprise. He came to sue me for his feelings, and he was even more curious in his heart. He looked directly at the place where the signature was signed, and immediately asked in surprise, "It's him?"

Seeing Xu Zun's strange expression, Xu Yuan asked curiously, "Who made the complaint?"

Xu Zun smiled wryly and said, "It's Zhang San who was released just now."

"Zhang San?"

Xu Yuan asked in surprise, "Is there something hidden in this case?"

Xu Zun smiled and said, "It's not because of this case, no, it has something to do with it."

Xu Yuan didn't understand very well, and asked again: "Who is he suing?"

Xu Zun couldn't laugh or cry and said, "It's my official."

".!"

This is really rare, Xu Zun is a little excited, he has never been sued in his life.

The sense of anticipation is immediately full.

After a quarter of an hour..

Zhang Fei was escorted to the court, without the "mighty" expected, nor did he say that the Yacha lined up and rode sticks.

Xu Zun didn't even wear official uniforms, he just sat in the courtroom in regular uniforms. Besides, there was Xu Yuan, the chief bookkeeper, a knife and pen official in charge of records, and two burly government servants.

boom!
"Who is in the hall?"

Xu Zun patted the gavel and shouted.

Although he didn't wear an official uniform, his aura remained the same.

However, Zhang Fei replied neither humble nor overbearing: "Xiaomin Zhang San has met Zhizhou."

Xu Zun immediately shouted: "Bold Zhang San, how dare you slander me."

Zhang Fei replied: "Everyone in Dengzhou knows that Zhizhou knows every detail, is honest and upright, how dare the common people slander Zhizhou."

You have said all the good and bad things, so what do you want to do?Seeing that Zhang San was so cowardly, Xu Zun couldn't get angry for a while, so he simply asked: "Then you tell me how I feed off the common people. If there is even half a lie, I will never forgive you lightly."

Zhang Fei immediately asked: "Dare to ask Zhizhou, can you now prove that Xiaomin has nothing to do with A Yun's case, but is innocent."

Xu Zundao: "If it weren't for that, how could you stand here? We have already investigated this matter, and you really have nothing to do with this case."

Zhang Fei said: "It means that Xiaomin has been in prison for three months for no reason."

Oh, so that's what he came for.On the contrary, Xu Zun's expression softened a little, and he said: "That's not my fault, who told you that you didn't match your words that day, you couldn't even say your own name, and there were witnesses who saw you and Ah Yun hugs and hugs, shouldn't I be suspicious?"

Zhang Fei nodded and said: "As far as Xiaomin's state was concerned at the time, it was natural for Zhizhou to suspect Xiaomin, but it was only Zhizhou's suspicion. At that time, there was no evidence to prove that Xiaomin was involved in the case, and Ayun did not mention it. Xiaomin, based on this, Xiaomin did sit in prison for three months for no reason. Not only was he mentally and physically tortured, but he also lost his livelihood for three months. The loss was immeasurable for Xiaomin. of."

The master secretary Xu Yuan felt that this kid was a bit displeased, and said displeasedly: "We are only acting according to the law, and we have made no mistakes, and you also have a lot of responsibility, so you can't blame anyone."

This actually involves a very critical legal thinking issue, namely the presumption of guilt and the presumption of innocence. After thousands of years, the law is based on the presumption of innocence. As long as there is no conclusive evidence, it is innocent.

But now it is presumption of guilt, and there is only one theory of "suspiciousness is light", that is, if there is doubt, it should be punished lightly, and the benefit of doubt does not belong to the defendant. Therefore, it is very reasonable to arrest Zhang Fei, as long as anyone who is not confused Officials do this.

Because in reality, the government does not have the financial and material resources to support the presumption of innocence.

If you don't take him into custody, what if the suspect escapes? Since Da Song doesn't have a Sky Eye system, where can he find him?

Zhang Fei nodded and said: "What the master said is true, but assuming that Zhizhou intends to punish Xiaomin and put Xiaomin in prison for several months, will the result and process change? The answer is no. Zhizhou Although there is no intention to fish the common people, but the common people suffer from the fish and meat, the common people think it is better to do it intentionally, because it is not illegal and there is no way to supervise it.”

After Xu Zun finished listening, his brows frowned, and his face did not look angry. Instead, he began to think seriously, because he felt that what Zhang San said was very reasonable, and it was more terrifying to do it unintentionally than intentionally.

If there is intentional harm, the imperial court has an accountability mechanism, and the common people can appeal, but if they do it unintentionally, then there is no way to control it. This is terrible!

After a while, Xu Zun suddenly asked: "Then according to your opinion, what should we do?"

Zhang Fei said: "Xiao Min thinks that at least the government should give Xiao Min some compensation."

Xu Yuan immediately said: "It's unreasonable, do you think the government is running a philanthropic hall?"

Zhang Fei shook his head and said: "The government is not a good hall, but for us people, it is a fair hall. The common people were imprisoned for three months for no reason and suffered heavy losses. It is reasonable to ask for compensation."

When Xu Zun heard this, a look of disappointment flashed in his eyes, this is not the solution.

In the future, when encountering such a thing, what should I do? The government is clearly acting in accordance with the law, but it has to pay compensation every day. This is impossible.

But Xu Yuan was a little annoyed, you didn't stop, and when he was about to scold, Xu Zun suddenly said: "This official enforces the law impartially and has no fault at all, so I will not give you any compensation, but for what happened to you, I will also It is very clear that it is natural for you to feel dissatisfied, and this officer will not pursue this crime."

"Thank you Zhizhou for your forgiveness." Zhang Fei's shock was as quick as mercury, clean and tidy.

Xu Zun's expression froze. Zhang San, who was so convincing just now, gave up so quickly.

Before he came back to his senses, Zhang Fei suddenly changed the subject and said, "Besides, Xiaomin has one more complaint."

Curious: "What's the matter?"

Zhang Fei said: "Thank you Miss Ayun for saving your life."

Xu Zun was taken aback for a moment, and immediately came to his senses, saying, "Do you want me to tell you the story?"

Of course he knew that Ah Yun had saved Zhang San's life.

Zhang Fei shook his head and said, "How dare a commoner bother Zhizhou, and how can he thank you for saving his life?"

Xu Zun asked: "Then how do you plan to thank you?"

Zhang Fei said: "Xiaomin thinks that Ah Yun should not be convicted of murder, but should be convicted of wounding."

Xu Yuan was shocked when he heard this.

This is clearly murder, how can it hurt people!
If you don’t understand the Fa, don’t talk nonsense!
Xu Zun came alive and asked, "What do you mean by that?"

Zhang Fei said: "During the interrogation process, Xiaomin immediately pleaded guilty after learning that Ayun was arrested. I wonder if?"

Xu Zun nodded and said, "That's right."

Zhang Fei said: "If my memory serves me right, during Emperor Zhenzong's time, some criminals complained of injustice, accusing the yamen servants of torture and extorting confessions, which led to unjust, false and wrong cases. Therefore, Emperor Zhenzong withdrew the judicial trial power of the yamen servants, and only had criminal investigation."

So professional?Xu Zun couldn't help but look at Zhang Fei differently, nodded and said, "You're right, the yamen servants don't have the power of judicial interrogation."

In fact, this is similar to later generations. The police interrogation is a criminal investigation interrogation, and the court interrogation is called a judicial interrogation.

Zhang Fei immediately said: "Ah Yun pleaded guilty immediately after he was arrested by the yamen servants. At that time, he had not yet had a judicial trial, and it was just an ordinary interrogation. In other words, he could be punished as surrender."

Surrendering yourself does not mean that you have to go to the Yamen to confess your guilt to be counted as surrendering yourself.

In the Northern Song Dynasty, voluntary confession without a judicial trial can also be considered a surrender. This is also to encourage everyone to surrender and avoid consuming the manpower and material resources of the government.

Xu Zun stroked his beard and said, "It makes sense."

Zhang Fei immediately said: "And in the statute of self-surrender, there is another article, avoiding the crime for the cause."

Xu Zun and Xu Yuan read at the same time: "Forgive me from the crime of the cause?"

Neither of them thought of it for a while, Xu Yuan wanted to find a book to read, but felt that it was very embarrassing. His majestic master was actually pointed out by a prisoner who had just been released from prison.

But Xu Zun didn't care about that much, and immediately ordered Liu Hai to fetch "Song Xingtong", and looked through it, and there really was such a thing.

However, this article is not specifically listed, but only included in the interpretation of the Surrender Regulations.

Therefore, even Xu Yuan, the master bookkeeper, didn't think of such a thing for a while.

The original text is: "Those who commit homicide and surrender themselves will be exonerated from the crime of the cause, and they will still kill and wound for the reason." It is also discussed: "If there is a person who surrenders because of stealing or negligently killing a rich man, the crime of robbery will be forgiven, so The crime of homicide is still punishable."

Thin!

Very fine!
Xu Zun looked at the three with admiration, nodded and said, "That's right, that's the one."

Zhang Fei said: "According to this law, anyone who commits the crime of wounding others due to theft and surrenders himself will be exonerated from the crime of theft, and only the crime of wounding will be prosecuted."

"Not bad!"

Xu Zun nodded.

How to avoid the crime of cause is actually very simple. For example, you burglarized and you were found to cause you to hurt others, but because your original purpose was not to hurt people, but to steal, that is, to hurt others because of the theft. People, in this case, if you turn yourself in, the law will only prosecute you for the crime of hurting others, not for the crime of theft.

This is exoneration from cause.

If the theft and wounding are added, the death penalty will be imposed, but if only the wounding is pursued, it will be determined according to the circumstances of the wounding, but generally the death penalty will not be imposed.

This is very reasonable. If there is no legislation like this, it will lead to the fact that once an injury occurs due to theft, it will be killed directly, and it will be death anyway.

If he is given a way to survive, it may be possible to avoid harming the innocent, and even allow the injured to receive timely medical treatment.

Zhang Fei immediately said: "According to the laws and regulations of our court, the crime of stealing and killing is more serious than the crime of murder, so it can be inferred that this law is also applicable to the crime of murder, so it is naturally applicable to A Yun who has surrendered himself. According to this statute, and Ayun wounded others by murder, he was exonerated from the crime of murder and Ayun was sentenced to the crime of wounding.”

The first half of the sentence in the original text reads, "Whoever commits murder and turns himself in will be spared the crime for which he committed the crime, and will continue to kill and wound for the reason."

Here are the regulations.

In the second half of the sentence, it is also discussed: "If there is a person who kills or wounds a person because of theft, or who turns himself in for negligent killing or wounding a rich man, the crime of robbery will be avoided, so the crime of killing and wounding will still be punished."

This is an example to explain.

It does not mean that the crime of the cause is exonerated, it is only applicable to the crime of robbery and homicide.

Zhang Fei's inference logic is correct.

But Xu Yuan was dumbfounded.

Is that okay?

"What nonsense!"

Xu Yuan scolded angrily: "You are talking nonsense. You just said that the crime of theft and injury can be exempted from the crime of the cause, because the crime of theft is lighter than the crime of killing, so the crime of theft can be exempted." , only the crime of killing and wounding is prosecuted. But when you come here, you turn black and white, the crime of murder is more serious than the crime of wounding, how can there be no reason to exonerate murder and only prosecute the crime of wounding, if it is punished like this, what is the reason for this."

Zhang Fei laughed and said, "That's not what the officials said just now."

Xu Yuan wondered, "I didn't say anything just now."

Zhang Fei said: "Just now, Xiaomin was moved with emotion and reason, thinking that he was imprisoned for three months for no reason and needed some compensation. Isn't this unreasonable and unreasonable? But the two officials But insisting that the government is only acting in accordance with the law, the ordinary people can only consider themselves unlucky, after all, this is what the law stipulates.

But today Xiaomin argues according to the law. Since the law stipulates that those who surrender themselves can be exempted from the crime of the cause, then Ayun can be exempted from the crime of murder because of murder.

Then the ordinary people have to ask, is the principle of heaven or the law first? "

Xu Yuan was dumbfounded for a moment.

These two things seem to be out of reach, but after Zhang Fei's sophistry, they turned into the same thing.

Now that the truth has come out, no one can deny that Zhang Fei has indeed been imprisoned for three months. He has nothing to do with the case. He doesn't know Ayun. Even in terms of heaven, he should be given some compensation.

However, the government also acts according to the law. The law stipulates that, so the government cannot be blamed.

However, you cannot double standard.

It turned out that he sued this officer before, just laying the groundwork for this case!Xu Zun suddenly realized, glanced at the embarrassed Xu Yuan next to him, and said to help: "Theft and killing are both crimes, but why is 'conspiracy' a crime? According to you, thinking about someone's death is also a crime. I There is no such law in the dynasty.”

Exempting the cause of the crime is to give the judge an explanation for judging whether the two crimes are concurrent.

But according to Zhang Fei, murder and murder must be separated. The idea or intention of murder is a crime, and the act of murder is another crime.

But the problem is that the idea of ​​murder is not a crime. Many people clamor, I will kill you. At this moment, this person definitely has the idea of ​​murder, but this is not a crime, it is just a mouth.

Murder is one charge, not two.

Stealing and killing are different. Stealing and killing are two crimes.

Zhang Fei calmly said: "Zhizhou's remarks are wrong. There is a rule in our dynasty that those who try to enter the palace but fail to cross the threshold will be punished with eighty sticks. This is a crime of conspiracy. In addition, if two people conspire together, one person breaks the law." , Two people are guilty of the same crime, but one of them only conspires and does not act, but he is also treated as the same crime, which is also the crime of conspiracy. From this we can see that conspiracy can of course be punished as a crime.”

There are too many examples of this kind. You can yell about killing people, but if you yell about rebellion, no matter whether you have acted or not, it is a dead end.

Xu Yuan was stunned.

This kid couldn't even speak clearly before, how did he become so eloquent after he was released from prison.

After Xu Zun thought for a while, he suddenly laughed and scolded: "You scumbag, how dare you talk nonsense in this court, but since you committed the first offense, this officer will not pursue it anymore. As for the compensation you demanded, this officer will not Granted, this official will say it again, this official is only acting according to the law, and has not wronged you, so you should step back."

"Xiaomin retire."

Zhang Fei immediately bowed, turned around and left the lobby.

Very crisp!

Very chic!

Xu Yuan felt a little unbelievable. Suddenly, he realized that I was the outsider in his feelings. He immediately said to Xu Zun: "Zhizhou, this statement is absolutely unacceptable!"

Zhang Fei gave them two options, either to compensate or to exonerate Ayun from the crime of murder.

Of course, they can choose neither, or they can choose to give Zhang Fei a hard time.

However, Xu Zun emphasized that he would not pay Zhang Fei compensation, and at the same time let Zhang Fei go without hesitation. Obviously, he wanted to use this to exonerate A Yun from the crime of murder.

Xu Zun said with a smile: "Since someone raises doubts, we must fight for the prisoner. It depends on whether Dali Temple can find a reasonable explanation and convince people."

Although this argument sounds unacceptable, Zhang Fei is well-organized and is arguing according to the law. And authoritative explanation.

As he said that, Xu Zun looked outside the door and said with a smile: "This kid is quite courageous."

The words are full of appreciation.

However, what he didn't know was that it wasn't that Zhang Fei was brave, but because he was too famous in history.

The reason why he is famous is because of the Ayun case.

This case not only involves the well-known Wang Anshi reform, but also contains the struggle between two legal thoughts, which is of great research value in the legal research of later generations.

Zhang Fei has also studied it and is very clear about the case.

If it were any other official, even Bao Zheng, Zhang Fei would not dare to be so reckless.

This is simply confusing black and white, and deceiving the public.

It is precisely because Zhang Fei knew that Xu Zun used "to avoid the crime for which it was caused" to help Ayun avoid the death penalty in history, but it was also because of his defense that the case became more and more troublesome, and eventually Song Shenzong, Wang Anshi, Sima Guang and others were all implicated, making this case an eternal mystery, with a time span of more than ten or twenty years.

It's just that Xu Zun hasn't thought of this yet, Zhang Fei just gave Xu Zun a pillow that he will have in the future.

Of course Zhang Fei was confident, because the appeal he made was exactly what Xu Zun was thinking at the moment, the two coincided with each other, how could Xu Zun blame him, it was too late to thank him.

"Zhang San! Zhang San!"

Zhang Fei had just left the mansion, and hadn't gone far when someone called him from behind. He looked back and saw a young man dressed as a servant running towards him.

The young man chased after Zhang Fei, took off the bag on his shoulders, handed it to Zhang Fei, and explained: "My master knows that you have just been released from prison and you have no money on you, so he ordered me to come and lend you some money for a while." and clothes, and return them after you find your loved ones."

Zhang Fei was taken aback for a moment, then laughed, and without asking who his master was, he took the burden, feeling that the burden was heavy and almost unsteady, and said: "Brother, please wait for me to tell your master , in the future, Zhang San must be rewarded."

The boy nodded, then turned and left.

Looking at the baggage in his hand, Zhang Fei raised the corner of his mouth and said to himself: "It seems that the records in the history books are correct. This Xu Zun really enforces the law like a mountain, and his feelings are in the water!"

At this point, he paused for a while, frowned and said: "However, it is really unconvincing if you really exonerate the crime to commute Ayun's death sentence, and it is also difficult to repay this life-saving grace. She got out."

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(End of this chapter)