Northern Song Dynasty Justice

Chapter 408 Maintaining the Flexibility of the Law

Chapter 408 Maintaining the Flexibility of the Law

Now that it has been decided to implement the recruitment law in Kaifeng Prefecture, who should implement it.

Reforms belong to reforms, and the system cannot be changed.

The establishment of the temporary agency of the Department of Regulations of the Second Government cannot end in person.

Fortunately, Zhao Xu and Wang Anshi were well prepared.

Since the bosses of Sinong Temple and Taifu Temple were kicked out of the capital by Zhang Fei, this seat has been vacant until now, and no one has been arranged to fill it up. This is reserved for the New Deal.

Because the two temples didn't have much power before, and the financial power was all controlled by the third division, and Wang Anshi couldn't control the third division. The way is to start a new one.

Wang Anshi just took a fancy to the warehouse management system of Ersi. His reforms revolved around financial management. What if there is no warehouse?

So he suggested to Zhao Xu that Sinong Temple be in charge of the recruitment law, and then recommend Han Jiang to judge Sinong Temple.

This Han Jiang was born in a top-notch family in the Northern Song Dynasty, and his great-grandfather Han Chujun was named Zhou Guogong.

His grandfather, Han Baoshu, was named Chen Guogong.

And his father, Han Yi, was also named the Duke of Ji by the prime minister, with the posthumous title of "Zhongxian".

He himself is also very competitive. During the Renzong period, he was a Jinshi and ranked first, and he did not rely on his ancestors to become an official. During the Yingzong period, he served as the governor of Kaifeng. He just came back, and his younger brother Han Wei was also a famous prime minister in the Song Dynasty.

Anyway, his house is really a room full of prime ministers.

Moreover, he had reformed the labor law at the local level. Although it had some effect, it was only a minor revision and did not cure the root cause. Wang Anshi's labor law also drew on his experience.

The key point is that Han Jiang's personal relationship with Sima Guang and Wen Yanbo is very good.

If they pushed him up, Sima Guang, Wen Yanbo and the others would feel a little more at ease.It was very troublesome to transfer Xue Xiang to the position before. He was impeached every day, and Wang Anshi really argued with them every day because of Xue Xiang.

If Han Jiang presides, this situation will be greatly improved.

Sinong Temple.

"Jiefu, in my opinion, your recruitment method is the general trend, but it is also our wish to get rid of my century-old bad government. It's just..."

After some flattering, Han Jiang said very euphemistically: "It's just that the remaining money and the division of households should be reconsidered."

Although it was Wang Anshi who recommended him to the position, he would not be grateful to Wang Anshi. Before Wang Anshi, he was already a political adviser. He had his own ideas and he supported the reform, so he was willing to agree to Wang Anshi.

But in terms of specific regulations, he did not agree.

Wang Anshi was unhappy. With the state of finances, how could we fight against Xixia and Liao? Do you think our Great Song Dynasty has internal problems?External problems are bigger.

But he didn't show it, but said with a smile: "Try it first, if there is any problem, we will make adjustments."

Han Jiang nodded, and asked again: "The new law does not involve employment. Do you really plan to hand it over to the police station?"

Wang Anshi hummed: "You should know better than me how corrupt the government is today, and the police station has just been established and has not been polluted. Sinong Temple is responsible for promulgating laws, managing money and goods, and dismissing existing officers. , As for the employment, it is left to the police station.”

Although the finances of the Service Recruitment Act are allocated to the police station, it cannot be said that the police station manages the money itself, and it still has to be managed by a special department.

Han Jiang frowned and said, "But this job involves many affairs. Can the newly established police station handle it well?"

Wang Anshi smiled and said: "Let's try it. The officials seem to be very confident about this, and have ordered the police station to prepare for this matter."

Han Jiang listened and said no more, the emperor had already made his decision.

In a classroom not far away, five or six officials were sitting.

But seeing the Taicang order of Si Nong Temple, Xu Tai stood at the door and looked outside, and saw no one around, so he closed the door.

Turning around, he said to the five or six colleagues sitting inside: "The government has decided to implement the recruitment law in Kaifeng Mansion first."

"I said Sima Junshi and they couldn't stop him, but you just don't believe it."

"You can't say that. The officials obviously prefer Wang Jiefu. If there is no evidence, Sima Junshi and the others will not be able to do anything."

"That's right. The government insists on using Wang Jiefu, and we can't change anything by just talking about it. We have to show some evidence."

"evidence?"

"Wang Jiefu's use of this recruitment method is obviously to make money for the country, so why don't we help him, and see how many people are willing to pay the money."

Although this matter has been decided, this does not mean the end, on the contrary, it will mean that this war without gunpowder has just begun.

Compared with the equal loss method, this recruitment method has offended many more people.

You are so straightforward in collecting taxes from our official households, although it is only half, but if you can collect half, then you can collect double in the future.

Officials will certainly fight back, this is a matter of interest, they will never sit still.

It's just that the decision is in the hands of the emperor. If the emperor wants to do this, they have nothing to do, but they are also good at using facts to teach the emperor how to be the king of a country.

Fu Bi is very familiar with this situation. He knows what may happen next, and his previous experience has also told him what the consequences of this party struggle will be. This road will definitely not work, so although he does not agree , but he did not speak out against it directly. He is now betting all his bets on the law of the rule of law.

The hateful thing is that this kid Zhang Fei did a great job. After that class, he really didn't care about it.

For more than two months, I really haven't been there once.

Fu Bi could only come to ask for advice in person.

When Xu Zun saw that Fu Bi came to the door in person, he felt quite embarrassed, "Don't blame Fu, my son-in-law is young and ignorant."

Fu Bi waved his hand and said, "How can you blame him? The officials entrusted this matter to me. It has nothing to do with your son-in-law. It's just that I encountered a problem recently and wanted to ask your son-in-law for advice."

"Don't dare! Don't dare!"

Standing beside Xu Zun, Zhang Fei hurriedly said: "What virtue and ability is Zhang San, this is really a shame!"

Fu Bi chuckled, "When did you become so humble?"

Zhang Fei replied: "Usually."

Fu Bi was taken aback for a moment, then laughed, and pointed to the tables and chairs beside him, "Don't stand still, sit down. Sit down."

"Hey!"

Only then did Zhang Fei sit down.

Fu Bi suppressed his smile and said, "I came here today mainly to ask you about the relationship between the tax law and the law of the legal system?"

Zhang Fei blinked and said, "This junior has already talked about this in class."

Fu Bi said: "But you only talked about the relationship between rights and obligations. What I want to ask is, can people refuse to pay taxes when they only have rations left at home?"

Zhang Fei and Xu Zun looked at each other.

I probably guessed in my heart that the purpose of Fu Bi's trip was to use legislation to protect the people from being exploited by the labor law.

But this problem is really more acute.

Zhang Fei didn't dare to speak in class.

Taxation power is imperial power.

Zhang Fei thought for a while, and said: "Actually speaking, if the people only have rations left, if the court wants to take them away, it is obviously not in line with the concept of the rule of law, and it is not reasonable."

Fu Bi nodded: "Exactly."

Zhang Fei said: "However, collecting taxes is a very difficult task. If there is a clear regulation that under what circumstances, people can refuse to pay taxes, this may also bring a lot of trouble to the government.

Because the people can also hide money and food, and then cry poor to the government. The government does not have so much manpower and material resources to investigate clearly, which may make the country's finances even worse. "

Fu Bi nodded again and again: "You are right. When I discussed this matter with those judicial officials and students, I also took these issues into consideration. This taxation is a major national event and should not be acted rashly, but this situation should also be avoided. Killing the chicken to get the eggs, exhausting the river to catch fish, this kind of official rebellion will also make the financial situation worse."

He hoped to use the legal system to stop the excessive exploitation of those low-class households by the labor law, but when the legislation was made, those judicial officials said no, because it would add great trouble to the government.

If the country fails to collect taxes, the country will be ruined. This risk is too great.

Fu Bi didn't come up with a good solution either, so he could only come to Zhang Fei for help.

Zhang Fei pondered for a while, and said: "Fu Gong seems to be still immersed in virtue as the master of punishment, and has not changed his concept to virtue as master of law."

Fu Bi hurriedly asked, "How do you say that?"

Zhang Fei said: "I once said in class that morality dominates law and the law is the basis for incrimination, and the three cardinal guides and five constant principles are the basis for conviction.

Tax evasion is an illegal act, because that is what the law stipulates. If you want to change the conditions for criminalization, it is not impossible. The key government may not be able to do it, and you have to consider practical issues.Then it can only be considered from the aspect of guilt. "

Fu Bi nodded frequently.

Zhang Fei said: "Suppose a commoner is caught evading taxes by the government and finds that his family supports the elderly, this can be referred to as filial piety.

Or there are children who are waiting to be fed, or he has been disabled and poor because of fighting the enemy and defending the country.

Fu Gong added these conditions under the tax law. Judicial officials can refer to these conditions when adjudicating a case, and then give him a lenient treatment, or even directly exempt him from taxes. "

Fu Bi's eyes lit up, and he asked again, "Is it just a reference?"

Zhang Fei nodded and said: "It's just a reference, not a rigid standard, so that the flexibility of the law can be maintained. The court can not only guarantee the authority of the law, but also make the law nothing more than human feelings."

Many regulations cannot be fixed to death, otherwise, in some special cases, no matter how the judgment is made, it will be wrong.

Fu Bi doubted: "If it's just for reference, then it's all up to the officials to decide."

Zhang Fei said: "For specific law enforcement, we still have to rely on officials to maintain the flexibility of the law, just to ensure that officials can give different judgments according to the actual situation. Of course, officials may also give very bad judgments, which is inevitable.

Laws are never perfect.

However, this also helped Erbi's lawsuit. Without these conditions, the lawsuit would not have been possible, but if there were, Erbi could use this to help the people reduce their charges. "

"I see."

Fu Bi nodded, and said again: "But it is very dependent on Erbi, ordinary people can't even pay their taxes, how can they afford Erbi to fight a lawsuit?"

"It depends on the establishment of the Legal Aid Agency."

"The Legal Aid Department is free, so how many people are willing to go?"

"If the imperial court and bookstores like ours have to recruit people from the Legal Aid Department, for example, if you want to enter the procuratorate, you first have to look at your performance in the Legal Aid Department, or if you want to come to our Bianjing Law Firm, you have to Show the results of the Legal Aid Department. In this way, many geniuses in this field will be willing to go to the Legal Aid Department and try their best to fight for the people.

And we big bookstores are willing to donate money to the Legal Aid Department, because it will provide us with talents, but the imperial court also needs to allocate a little money, at least to ensure that Er Bi of the Legal Aid Department will not be hungry.

The cost of raising ten members of the Legal Aid Department is much lower than that of raising one judicial official.However, the role that these ten pens can play is much higher than that of a judicial official, which is a very cost-effective expenditure. "

(End of this chapter)