Judge of the Song Dynasty

Chapter 128: The source of literary inquisition

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Although the Bian Jing Law Firm reopened today, its quietness is enough to break the opening record of any store.

Sima Guang was the only guest, and the key point was that this old man was there to watch the joke.

However.

The top topic on today's topic list is still "Bian Jing Law Firm".

It's because the contrast is too great.

After Zhang Fei sought justice for the historian, Fan’s bookstore was packed with people for a while.

Everyone is looking forward to the Fan family’s tax calculation business.

Because there are so many tricks involved in commercial taxes, many government offices find ways to collect more taxes.

Especially for small businessmen, they lack a sense of security. If they are unlucky after transporting goods, they may lose all their money.

As for wealthy businessmen like Fan Yong and Chen Maoqian, they play the game differently. What they consider is not justice but profit.

The higher the expectations, the greater the disappointment.

As soon as he opened the door, he died on the spot.

As the most powerful government in the Song Dynasty, Sansi has too many means to make your business fail even if they are not illegal.

Because the imperial court was the largest merchant, the sources of all bulk commodities were controlled by the imperial court.

Who dares to disobey.

No solution!

However, this does not mean that the store cannot continue to operate. If there is any injustice, Zhang Fei will definitely be the first choice.

No one can replace this position.

But for Zhang Fei, it would be difficult to grow big and strong just by litigating cases without the support of other legal services.

Any business must be extensive in order to make big money.

Of course, the lawsuit is still the most important thing. If you cannot uphold justice, naturally no one will come to you for legal services.

The two also complement each other.

Su Shi’s lawsuit is definitely a hot topic.

Su Shi is now very famous in Bian Jing, and his lawsuit will definitely attract a lot of people's attention.

Must be treated with caution.

The reason why Zhang Fei and Xu Zhiqian wanted to go home to study the case was not because there was a bed at home, but because the case filing department of the law firm had not yet been established and a large amount of information was still in Xu's house.

When they got home, they started studying it immediately.

With the experience from last time, Xu Zhiqian was even more familiar with it this time.

Know how to research.

However, the current regulations on copyright in the Song Dynasty are equivalent to non-existent. All cases are regulated cases, and they are all related to relatives and friends, which can be said to be special cases.

Generally, it was officials or prestigious scholars who were unhappy about some pirated products and went to complain to the government.

After all, given their status, the government would usually send runners to take a look.

Please be polite and advise us not to print it. Don’t print it. If you print it, don’t add any water to it and make fewer typos.

He just smashed the printing plate without any hesitation.

Of course, most of the time they just took the opportunity to ask for some money.

After he left, people kept their seals, and it was impossible for the civil servants and scholars to worry about this matter every day.

Su Shi was a relatively narrow-minded person, and would complain whenever he saw something.

But this can't even be considered public security control, it's just a face-saving measure.

The two studied for a whole day and came to the conclusion that if they wanted to reach the level of litigation, the theft law would be most appropriate.

But this is not what Zhang Fei wanted, nor is it what Su Shi wanted.

If they just wanted to kill the Jijuxian Bookstore, that would of course be possible, but what Zhang Fei and Su Shi wanted were copyright laws.

There is still a big difference between theft law and copyright law, and the two cannot be completely lumped into the same category. Doing so will cause many legal problems.

The key point is that the definition of the theft law is too narrow, and it is difficult to fill it with content and create a new law.

After a day of discussion, there was still no result.

On the morning of the second day, Xu Zhiqian came to Zhang's house again, and old man Xu Zun, who happened to be on vacation at home, followed her silently.

As a writer, I am also very interested in this lawsuit.

"I thought of someone last night, and he gave me a lot of inspiration."

When he saw the father and daughter, Zhang Fei said excitedly.

Xu Zhiqian asked hurriedly: "Who is it?"

"Song Jiang." Zhang Fei said excitedly.

"Song Jiang?"

The father and daughter looked at each other, their eyes filled with confusion.

Oh yeah! Song Jiang might not even be born yet. Oh my god, I’m so excited again.

Zhang Fei said hurriedly: "Let's not worry about who this Song Jiang is. The main thing is that I thought of a case. It is said that Song Jiang wrote a poem, and this poem quoted some ancient rebellious figures, so the court sentenced him to a violation of the law."

Xu Zhiqian said: "That should be considered a crime of treason."

Zhang Fei said: "But he just recited a poem and had no motive for rebellion. Can he be convicted of treason?"

Xu Zun pondered and said, "If there is no motive and action, then it cannot be convicted of treason, but should be convicted of 'making a coat book and a coat word'."

(Note: Ao is the same as Yao, also written as Yao Yan, making a book about monsters)

Zhang Fei was startled and asked anxiously, "My benefactor, what crime is this?"

Xu Zun said: "This crime belongs to the 'thief law' in the thief law, which has existed since the Qin and Han dynasties. Our dynasty's law follows the 'Tang Law Commentary' without changing a word, but it has become different because of the amnesty."

Pardons are similar to memorials, but most of them refer to the emperor's interpretation of the law. Generally, the emperor gives an explanation for a certain law in the form of an imperial edict, which is also considered a decree.

From this we can see that from the legislative perspective, the emperor is also above the law.

Of course, as far as the Song Dynasty system is concerned, the amnesty order has to be discussed with ministers and has very strict procedures. It is not that the emperor can do whatever he wants.

When the case of Ayun was tried before, Shenzong's imperial decree included an amnesty for commutation of sentence for those who surrendered themselves, because the dispute at that time was about whether Ayun was applicable to the regulations on commutation of sentence for those who surrendered themselves, and the emperor's amnesty expressed one meaning: he was applicable.

But later, all the ministers rejected it.

Suitable for shit!

Do you, Zhao Xu, understand the law

If you don’t understand, stop talking.

But usually the emperor's pardon order was to increase or decrease the punishment, for example, 100 strokes of the cane or 50 strokes of the cane. There were very few supplements and explanations to the law.

It can be seen that there are many special aspects in the case of Ayun.

Can the emperor fight for his own interests by interpreting the law? The answer is yes, but it is very difficult.

Zhang Fei hurriedly took a copy of "Song Dynasty Criminal Code" and started to look it up.

Xu Zhiqian also took one. She was not very familiar with this law because it was rarely used and she had never encountered it before.

Even if she encountered it, she had no right to intervene, as this was a case under the emperor's jurisdiction.

"found it!"

Zhang Fei only heard him read: "Those who spread and use books to confuse the public shall be punished in the same way. "Chuan" means to spread words. "Yong" means to use books. Those who do not satisfy the public shall be exiled for 3,000 miles. Those who speak harmless words shall be caned 100 times. Even if one has a book of evil in private, he shall be sentenced to two years in prison, even if he does not use it. Those who speak harmless words shall be caned 60 times."

There were further discussions afterwards.

For example, how to convict those who created and spread the Aoshu

For example, how many is the majority.

It is written clearly and plainly.

After reading it, Zhang Fei asked: "Can this crime be defined as the crime of opposing poetry?"

Xu Zun nodded and said, "Although this crime is mainly aimed at books about ghosts and gods and supernatural powers, if there are allusions or incitement in the poem, it is also considered as misleading the public and can be investigated.

The biggest difference between this and the crime of treason is whether there is actual action. If there is, it is treason, if not, it is this crime. However, this crime can also be sentenced to death by hanging. "

In fact, the literary inquisition originated from this crime.

Zhang Fei asked: "Why is it considered a crime to mislead the public with false information?"

Xu Zun said: "Of course it is because this crime will endanger the country."

Zhang Fei asked again: "From a legal perspective, are the two related by cause and effect?"

Xu Zun nodded and said, "Of course."

Zhang Fei smiled and nodded, "That's it."

Xu Zhiqian suddenly asked: "Zhang San, are you trying to harm Mr. Su?"

Zhang Fei was stunned for a moment, "What do you mean by that?"

Xu Zhiqian said, "Didn't we talk about piracy before? Why are we talking about Ao Yan's crime again? If we are to punish him for this crime, then the defendant is Mr. Su, right?"

Although the collection of poems was printed by Ji Juxian, if we were to convict him of plagiarism, he would definitely be punished for the content, not for pirating.

Zhang Fei's eyes lit up when he heard this: "This is a good idea. With Mr. Su's fame, if we bring him in as well, it will be enough of a gimmick."

I was thinking in my mind whether I should let Su Shi experience this literary inquisition in advance so as to teach him a lesson and stop talking nonsense in the future.

Xu Zun frowned when he heard this, "What are you talking about?"

Zhang Fei hurriedly explained: "Please don't blame me, benefactor. I was just joking. I don't want to harm anyone. I want to legislate, so it must attract enough attention from the government and the public."

Xu Zun was surprised and said, "Legislation? What right do you have to legislate?"

Silly!

You, a mere envoy, actually want to make laws

This is even more outrageous than setting the tone for ancestral laws. After all, that is just a dispute over the right of interpretation, while legislation must follow formal procedures.

Zhang Fei chuckled and said, "I have my own way of doing this."

Xu Zhiqian said: "If you want to sue Mr. Su, I won't help you."

Zhang Fei said: "Don't worry, I will never do that..."

Just at this moment, Li Si suddenly shouted from outside the door: "Third brother, third brother, the madam and the others are back."

"They came back faster than I thought!"

Zhang Fei's face lit up with joy, and he said to Xu Zhiqian, "Let's talk about it later."

After saying that, Zhang Fei immediately went out.

But except Shi Tingxiu, all the others had returned.

"Why did you come back so soon?"

Zhang Fei asked with a smile.

The black servant Niu Beiqing came forward and said, "We heard that our benefactor was in trouble, so we rushed back immediately. Erlang has to mourn for his brother, so he can't come for the time being."

"In trouble?"

Zhang Fei was dumbfounded and wondered, how come I didn’t know I was in trouble

Feng Nanxi said, "We heard that your benefactor opened a new shop and was ostracized by the court and his peers."

Originally they planned to stay for three months, but when they heard about the tax calculation, they immediately rushed back to help.

"So that's why!"

Zhang Fei finally reacted and suddenly glanced at Gao Wenyin. He saw that the young woman looked much more haggard, and her eyes were still a little red and swollen. He hesitated for a moment and said, "It's good that you are back. I am short of manpower."

Niu Beiqing immediately said, "My benefactor, if you have anything to say, just let me know."

Zhang Fei smiled and said, "We are still planning. You guys go and take a rest first."

As he said that, he turned to look at Gao Wenyin, "Madam."

Gao Wenyin seemed to have just woken up from a dream, and hurriedly bowed and said, "Wenyin greets... your husband."

The word "Jun" is almost unheard of.

Zhang Fei didn't care and said, "I think Madam is also very tired. Let's go back to the house and rest first."

"yes."

Gao Wenyin nodded slightly, then walked towards the backyard with a dull expression.

After she left, Zhang Fei complained to Feng Nanxi, "Is this how you take care of people?"

Feng Nanxi sighed, "To be honest, we are very sad to see my sister-in-law like this. We wanted to ask her to come back earlier, but it was useless to persuade her. It was only after hearing about this that my sister-in-law asked to come back on her own initiative."

Zhang Fei nodded slightly and thought that he should spend some time talking to her.