Fan Zhen is no longer a Grand Secretary of the Hanlin Academy. He is just an earpiece for the Legal Aid Department.
He has no say in the matter. The real decision-making power lies with his employer, or more precisely, with the group of people behind his employer.
What he had to do now was to fulfill the duties of an earpiece. After returning, he would immediately inform his client of the results of his recent discussions with the other party and the royal court. As for whether to agree to this plan, he had no right to decide for them.
However, Chen Ming also needs to discuss with officials about the plan proposed by Zhang Fei, because the Tax Commissioner is only responsible for holding Bai Qi accountable for tax evasion. He can decide to let Bai Qi pay the back taxes, but he does not have the power to decide whether to exempt half of the stamp tax.
This requires approval from the government.
Transport Department.
When Chen Ming, with a serious face, informed the officials of their discussions with the imperial court, he was met with looks of contempt.
Compared with Zhang Fei and Yuan Jiang's double yellow singing, Zhang Fei and Chen Ming's double yellow singing this time was relatively rough. Fan Zhen saw it, and those officials had also seen it a long time ago.
There must be something fishy going on between you two.
Therefore, when Chen Ming brought the imperial court's advice to discuss with the government, Wei Yingfang decisively rejected it.
"I don't agree with that."
Wei Yingfang said directly: "Those people used white deeds to evade taxes, so why should the government exempt them from half of the deed tax? This is simply ridiculous."
Chen Ming explained: "This is mainly because the other party also has evidence that the government is over-collecting stamp duty, and our tax department has also calculated that if everyone is willing to pay the stamp duty, the government can still earn more."
Cai Yanqing nodded slightly.
This is mainly because the government had no original intention to collect this deed tax. This plan was created from scratch and the government is guaranteed to make a profit.
Because there are a large number of white deeds among the people, if this money can be collected within a year, life in Hezhong Prefecture will be very good next year.
After all, land and house transactions are big deals, not ordinary deals.
Wei Yingfang certainly understood, but he was just looking for trouble. Your tax commissioner was so strong before, and now you want to negotiate with us. Who do you think we are? He asked, "Can't the tax commissioner collect the full amount of taxes from them?"
Chen Ming said: "The main purpose of our tax department in suing this matter is not to recover the previous deed tax, but to prevent others from evading taxes by using white deeds in the future. Therefore, we also support the Royal Court's plan, but it is not necessary to do so. If you think this is inappropriate, we will obey orders and refuse to accept it."
obey orders
Many officials found this statement strange, even ironic.
Chen Ming added, "Because our tax department does not have the power to decide this matter."
After hearing this, the surrounding officials were not only unhappy, but also upset. Ever since the police, procuratorate and courts arrived, everyone has become abiding by the rules. How can this be done
Yuan Jiang suddenly asked: "If we refuse to accept the Royal Court's plan, what will you do?"
Chen Ming said: "Whether this deed is legally binding is not up to us, but the authority of the imperial court. Our tax department only enforces tax laws. Regardless of whether the deed is legally binding, it is evidence of tax evasion. Our tax department will not let these deeds go, and we will conduct a comprehensive investigation."
Cao Yi smiled and asked, "Tax Commissioner Chen, there are a lot of white deeds among the people. Can your tax department check them all?"
Chen Ming asked back: "If you can't find out, then why don't you just check it?"
Cao Yi was speechless for a moment.
Chen Ming added: "We will keep investigating as many cases as we can find until the white deed is eliminated."
Wei Yingfang, who was strong just now, had a guilty look in his eyes. He felt that Chen Ming's words contained a hidden threat, so he said, "But this may also cause unrest in Hezhong Prefecture."
Chen Mingdao: "We are only responsible for collecting taxes according to the law. Anything else has nothing to do with us."
Wei Yingfang said angrily: "So our government's duty is to clean up the mess for you?"
Chen Ming suddenly glared at them and said, "President Wei, you must have made a mistake. We are the ones cleaning up the mess for you now. If you hadn't collected too much tax on the deed, if you hadn't been so lenient with the deed, why would our tax commissioner be in such a state?"
Wei Yingfang was immediately speechless.
Yuan Jiang suddenly said, "Tax Commissioner Chen, this matter is of great importance, we need to discuss it."
Chen Ming nodded, then stood up and said, "Goodbye."
This guy has absolutely no idea about the ways of the world. He leaves as soon as he finishes discussing business and never stays a moment longer.
After Chen Ming left, Wei Yingfang immediately said, "Mr. Yuan, Prefect Cai, these guys are just being mysterious and pretentious. If they really dare to investigate, why would they put on a show with the imperial court? They are playing us like fools."
Cai Yanqing said: "But what if they are trying to find a reason for the Commissioner of Taxation to use force in the future?"
Cao Yi said: "But do they really dare to do this? Or are they betting that we don't dare?"
The officials looked at each other, uncertainty flickering in their eyes.
After Wei Yingfang and the others left, Cai Yanqing looked at Yuan Jiang with resentment like an old woman.
Yuan Jiang hurriedly explained: "This matter really has nothing to do with me, but I can be sure that if we don't agree, the tax department will definitely conduct a comprehensive investigation."
Cai Yanqing couldn't help but frowned, "Then what should we do?"
Yuan Jiang said: "Prefect Cai has always been concerned about the stability and finances of Hezhong Prefecture. We all know that this plan will not only help the stability of Hezhong Prefecture, but also improve its finances."
Cai Yanqing nodded slightly: "So we have no reason not to agree."
Yuan Jiang smiled and said, "But if the other party refuses, then it has nothing to do with us. Judge Wei and the others should stand on the other side, not on our side."
... ...
On the second day, Liang Youyi came to Wei's house.
"Mr. Liang also knows about this?"
Wei Yingfang asked.
Liang Youyi nodded. "Yesterday, Master Fan told us about their negotiations with the Imperial Court and the Taxation Bureau. These white deeds are widely used among the people. Does the Taxation Bureau really dare to investigate?"
“We really can’t say for sure.”
Wei Yingfang sighed, "This is definitely a play between the Taxation Commissioner and the Imperial Court, but I don't know whether they want to pay the deed tax in arrears or to recover the deed tax."
Liang Youyi said: "Don't the government have the power to stop the tax commissioner? If they really collect the tax, it will definitely cause public resentment."
Wei Yingfang said: "The government only has the power to stop the tax commissioner from accepting this plan, because whether to exempt taxes is the power of the government, and the tax commissioner is only responsible for collecting taxes. It is precisely because of this that we have no right to stop them from collecting the deed tax. After all, the white deed is indeed a tax evasion behavior."
He hated others following rules, but he didn't realize that he had been infected and started talking about authority all the time, but never about rules.
Liang Youyi frowned, "Then... what should we do now?"
Wei Yingfang shook his head in distress and said, "I don't know either." Then he looked at Liang Youyi again, "What are you going to do?"
"If we had known, we wouldn't have rushed over to discuss it with you."
Liang Youyi sighed and said, "And don't forget, we were planning to break the land up into smaller pieces before, but if we have to pay an additional 2% deed tax, that might be more than the tax!"
"Yes! How could I have forgotten about this?"
Wei Yingfang slapped his forehead and immediately looked at Liang Youyi and asked, "Do you think they are planning this?"
Liang Youyi nodded and said, "I think it's very possible."
Wei Yingfang couldn't help but sigh: "This is really troublesome!"
He had been an official for many years and had never encountered such a situation, and the source of all his distress came from the rules.
In the past, power was concentrated in the hands of the government. Officials could discuss what to do. They could be tolerant of tax evasion or crack down on tax evasion.
It can be seen that they are above the rules, and whether to go left or right is just the result of discussion among officials.
But this time is obviously different because there is a group of people who follow the rules.
The Commissioner of Taxation does not have the authority to decide whether to exempt taxes. Instead, he leaves this issue to the government, asking you to decide. Your decision will determine our tax collection plan.
In a sense, the government is still above the Commissioner of Taxation, who is merely an executor. However, the government has no power to influence the rules, and they cannot prevent the Commissioner of Taxation from collecting taxes according to the law.
It is impossible to smooth things over because the rules are set like this: white deeds are tax evasion, and the tax commissioner has the right to hold them accountable. However, once the tax commissioner takes action, although this will inevitably cause chaos, the wealthy still hold a large number of white deeds in their hands.
Now the government can only gamble on whether the tax commissioner dares to pursue Bai Qi’s tax evasion responsibility.
News of the royal court's solution to the lawsuit spread quickly, but the public was extremely conflicted, with some supporting it and others opposing it.
The supporters, of course, base their support on their trust in the imperial court, because in this plan, the imperial court has asked the tax commissioner to guarantee that the stamp duty will not be excessively collected in the future, which is very important for the people.
After all, not every citizen dares not to pay the deed tax. The government sometimes arrests them, sometimes not. Sometimes it depends on the person, and sometimes it depends on the case. The key is that behind the deed tax, there is a group of ruthless brokers. They are specifically responsible for assisting the government in collecting the deed tax. They also have tasks every year. If you don't have any connections, you have to pay the tax honestly.
As for the opposing party, their reason is very simple and crude. Everything was going peacefully before, but you asked me to pay an additional 2% tax. The person who holds the deed will definitely not be willing to do so, unless the previous deed tax is waived, that would be fine.
However, this complex voice also provides the three parties with a space for negotiation.
Those big landlords used the people's mouths to express their own ideas to the Legal Aid Department, hoping to exempt all the previous deed taxes from being waived. As long as the government does not levy taxes excessively in the future, they will definitely pay the deed taxes.
Fan Zhen had no objection to this plan, so he went to discuss it with the Tax Commissioner.
But Chen Ming decisively refused. If tax evasion would eventually become tax exemption simply because there were too many people evading taxes, then that would be a terrible thing. It would seriously affect the work of the Tax Commissioner. Not everyone would refuse to pay the deed tax because of excessive taxation. If those big landlords, gentry, and even officials went to pay taxes, who would dare to excessively collect taxes from them? They were all in the officialdom and knew all about these things.
Moreover, Chen Ming once again expressed to Fan Zhen that the reason why the Tax Commissioner agreed to exempt half of the deed tax was mainly to bear the responsibility of the government. You should not push your luck. The imperial court only has the power to rule in your favor, but it is impossible to rule that our Tax Commissioner is not allowed to collect the deed tax.
It can be seen that Chen Ming is a very fair person and does not show mercy to anyone.
... ...
Royal Court.
Zhang Fei sat by the stove, holding a copy of Song Dynasty Criminal Code, reading it carefully. There was nothing he could do. The involution was too intense. It seemed that any scholar could recite Song Dynasty Criminal Code by heart. He had to read it carefully, not to be stumped by those young people on some very simple questions.
Gao Wenyin sat aside and silently made tea for him.
At this time, Xu Zhiqian suddenly came into the room and said, "I usually ask you to read, but you don't. But now you are in the mood to read."
Zhang Fei asked, "Did the Legal Aid Department and the Department of Taxation fail to reach an agreement?"
Xu Zhiqian nodded and said, "I heard from Cai Jing that the Commissioner of Taxation has rejected the Legal Aid Department's suggestion for tax exemption."
Zhang Fei shrugged slightly and said, "The tax commissioner has the right to refuse."
Xu Zhiqian said with a hint of worry: "But what if they don't accept your proposal?"
Zhang Fei said unconcernedly: "I have already told them that if they do not accept it, what will our imperial court decide."
Xu Zhiqian said: "But if the tax bureau really pursues Bai Qi's tax evasion, won't this cause problems?"
Zhang Fei spread his hands and said, "The duty of the tax commissioner is to collect taxes. Baiqi is tax evasion. That's the rule. I have no other choice. We in the imperial court must follow the rules. Only in this way can we convince the public."
Gao Wenyin suddenly said, "Those big land directors are rich. Now that the investigation has been carried out on them, why are they unwilling to pay even this little money? Are they really not afraid of death?"
Zhang Fei smiled and said, "Of course they are afraid of death, but they know that they will not die yet, and what they are fighting for is not just this little bit of money, but their privileges."
Gao Wenyin shook her head slightly, "I still don't understand."
"It's a good thing that you don't understand!" Zhang Fei glanced at Xu Zhiqian, "Look at Zhiqian, she's so anxious. I'd better continue to sleep with my wife tonight, so as not to be woken up by her in the middle of the night to discuss the consequences if the tax department pursues tax evasion."
Xu Zhiqian spat, "Who wants to sleep with you?"
Gao Wenyin rolled her eyes at him and said, "I'm sleeping with Zhiqian tonight."
Zhang Fei immediately threw away Song Xingtong and said excitedly: "Why? I rule this suggestion invalid."
Xu Zhiqian walked to Gao Wenyin's side, put her hands affectionately around Gao Wenyin's snow-white, slender neck, and looked at Zhang Fei with a smile, "At home, you are not the president of the court."
Zhang Fei said: "Then I will appeal."
"turn down!"
"It's very cold to sleep alone on this day."
"You can ask Li Si to sleep with you."
"Then I'd better sleep alone."
"Ok, deal."
"You... How about, the three of us sleep together."
"Don't even think about it."
... ...
While Zhang Fei was joking around with his two wives, various forces outside were still secretly competing with each other.
What was unexpected was that Cai Yanqing, who had always pretended to be deaf and dumb, suddenly stated that the government was willing to accept the imperial court's plan.
"Prefect Cai, why is this?"
Wei Yingfang said excitedly: "This is clearly a trick by the Tax Commissioner and the Imperial Court."
Cai Yanqing said, "Didn't you say that the Legal Aid Agency wouldn't agree?"
Wei Yingfang was stunned at first, then nodded.
Cai Yanqing said: "Even if we support it, it won't affect the result, because as long as the other party doesn't agree, it's fine. After all, it takes two hands to clap. You must remember that you are officials. The tax commissioner is for the government to collect taxes. He is not our enemy.
If we do not support this plan, we must support the power of the tax commissioner to check the deed tax. If something goes wrong, the court will hold us accountable. Then what reason do we have to explain? We cannot collect deed tax ourselves, so we collect deed tax excessively and at the same time make things difficult for the tax commissioner
We have a responsibility in this matter. If they want to refuse, let them do it. We must fully cooperate."
These words left Wei Yingfang speechless.
But this is also Cai Yanqing's usual style of doing things. In the struggle between the two sides, he has always maintained an attitude of self-preservation and is unwilling to take any responsibility.
The officials looked at Yuan Jiang again.
Nowadays, many officials follow Yuan Jiang's lead because Yuan Jiang is more responsible.
Yuan Jiang nodded and said, "I support the opinion of Governor Cai, and I don't want to lose my job for the benefit of others, but if the other party wants to object, we can also give understanding."
What this means is that the deed tax is mainly for the benefit of the other party, and they should bear the main responsibility. We can support them secretly, but not openly.
Because we can't explain this to the court, our jobs are in the hands of the court.
His words immediately won the approval of many officials. We should sit back and let others take the lead. This is the consistent style of our officials.
Even Wei Yingfang suddenly felt that this seemed to be the truth.
However, the sudden change in the government's attitude immediately affected the big gentry and landowners.
They are not stupid. You officials are trying to leave a way out for yourselves, which means you might betray us. If the tax commissioner takes action and you stab him in the back, who can stand that
Moreover, due to the reputation of the Tax Commissioner in the capital, he has never been lenient in tax inspections. Plus, they are not clear about the Tax Commissioner's strength yet, so they dare not take the risk. They originally hoped that the government would protect them, but they didn't know that these officials were all cunning and sly, asking them to charge into battle.
They also said that it would be better not to take risks and agree to the Royal Court's plan first. After all, there is still a year left, so we can temporarily not pay and then make a decision based on the situation.
If we charge now, who can guarantee that the tax commissioner is not investigating me? Once I am caught, will you really risk your life to save me
We are all in the same gang, so we all know who is who!
After some negotiations and bargaining, all parties finally agreed to accept the plan proposed by the royal court.
Next, the royal court will make a ruling on this lawsuit.
The gloomy sky symbolized the mood of many people present. Although they already knew the verdict and this was what they had agreed to, it was not the result they wanted because his privileges would eventually succumb to the rules. Although this was a delaying tactic, they knew in their hearts that this was also a helpless move.
But there was one person with a smile on his face, as bright as the plum blossoms in the twelfth lunar month.
This person is Zhang Fei.
He smiled as always, greeted everyone, and then announced the opening of the court session.
"After considering the testimonies and evidence of both parties, the laws involved, and consultations with both parties, this judge has reached a final judgment."
After that, Zhang Fei looked down at the document, then raised his head and said, "First of all, does an illegal contract have legal effect
In principle, it should not be available. However, the two major principles of my dynasty's laws regarding contracts are inherited from the Tang Dynasty laws. First, officials have political laws, and the people follow private contracts.
Second, all the actions are based on the personal feelings and private agreement between the two parties.
These two principles indicate that the political and legal system should not easily interfere with private contract making, including the freedom of whether to sign a loan contract; the freedom of who to sign a loan contract with; the freedom of the content of the loan contract; the freedom of the way to perform the loan contract, as well as the voluntariness and equality of the contract signing.
Any contract that violates these two principles will be invalid, such as if it is based on coercion, duress, deception, etc.
When Fan Zhen, Su Zhe and others heard this, they were dumbfounded. Is this the result of our discussion
You are carrying private goods again!
Zhang Fei continued, "Based on these two principles, let's examine the legality of the white deed. If a white deed is signed under duress, it will not have legal effect. However, if both parties sign it voluntarily and it complies with the two principles of the contract, then it will have legal effect.
As for the fact that this white deed violates tax laws, that is a matter of tax evasion, which has nothing to do with the legal effect of the contract itself.
The government can hold the parties responsible for tax evasion, but it cannot deny the legal effect of the contract itself. As the prosecution said, this would undermine the principle that officials have the power of law and the people follow private contracts.
This court ruled that the prosecution won the case and that the white deed is still legally effective as long as it does not violate the principles of contract.
As for the issue of tax evasion, although it is the cause of this lawsuit, it is not the main point of the dispute. This judge cannot make any judgment, but under the negotiation of this judge, the prosecution and the defense have reached a consensus.
The Taxation Commissioner will ensure that there will no longer be any policy of excessive collection of stamp duty, and will try to simplify the procedures for people to handle stamp duty as much as possible. This chief judge would like to emphasize again that excessive collection of taxes is an illegal act. If people encounter this, they should keep the evidence and file a complaint with the imperial court in a timely manner.
But at the same time, refusing to pay the stamp tax is also an illegal act. However, the government promised to give everyone a chance to pay the stamp tax arrears, and decided that the stamp tax paid arrears or newly paid within the next year will be halved. In other words, the people only need to pay 2% of the stamp tax.
The prosecution also agreed to pay the additional stamp duty.
We at the Royal Court appreciate the assurances of the Taxation Commissioner and the government, and have decided to grant a one-year exemption. During this year, the Taxation Commissioner will not have the right to pursue anyone who signs a deed of tax evasion at any time. However, after one year, no matter when the deed is signed, as long as it involves tax evasion, once it is discovered by the Taxation Commissioner, our Royal Court will also impose corresponding penalties. Therefore, we still hope that everyone will go to the Taxation Commissioner to pay the deed tax as soon as possible. "