Chapter 33 The Incomprehensible Judgment
Tang Huzuo hurriedly smiled and said, "It's okay, I'm just saying hello to Xiao Zhiyi and congratulations. Oh, let's talk, you two, I'm leaving." After that, he bowed to Master Wen and Xiao Jiading and turned around.
Wen Zhuan smiled and said, "He is coming to congratulate you, right? He still has a lot of oil and water, so he doesn't want to lose this fat."
Xiao Jiading thought to himself, no wonder this kid played this trick. It turned out that he was afraid that he would say bad things to him in front of the county magistrate and get rid of his fat and shortage, and he would suffer a great loss. It seems that his county magistrate is indeed a position that many people envied and feared, and he must seize it.
The chief clerk of Wen said: "The county magistrate will come a while before he comes. I will tell you your errands first."
The concierge responsible for signing the house had opened the doors of several rooms and was cleaning. The chief clerk Wen took Xiao Jiading to look at all the rooms. The county magistrate Kang's signing room was the largest, with three rooms. But what he entered was not the big room in the middle, but a small study on the left. There were pens, ink, paper and inkstone and many case files. The small door connected to the main house was blocked by a curtain.
When they entered, there was a little book boy grinding ink in the small study, who was about fifteen or sixteen years old. When they saw them coming in, they stood aside and stood with their hands hanging down.
The chief clerk Wen pointed to the small study room and said to Xiao Jiading: "This is your office. Your daily work is mainly to assist the county magistrate in handling cases, and to handle other matters assigned by the county magistrate. There are many and complicated matters in the county, and the money and the like are mainly handled by the household house. The county magistrate Kang knows money and copywriting very well, so there may not be too many things you need to deal with in these two parts. However, the county magistrate Kang is unfamiliar with criminal law, so this part of the matter is mainly
With your assistance, all criminal cases must be reported to the county magistrate for final decision. Before this, you must first report to you. You must carefully read the handling opinions of the case reported by the criminal housing security and put forward your handling opinions. This opinion must be reasonable and well-founded, especially the basis of criminal law so that the county magistrate Kang can make a decision. If necessary, you can call the clerk in charge of the punishment room for inquiries, or you can review relevant files. I have arranged a book boy to obey your instructions."
The chief clerk waved to the little book boy and introduced, "This is the county magistrate's Zhiyi Xiao Family Ding. From now on, you follow him and follow his instructions. - Xiao Zhiyi, his name is Wen Yan, and arrange to be your book boy to help you pass messages, grind ink, pour water, etc. He is very knowledgeable about writing and ink, and some work on copywriting can be arranged for him if necessary."
"good!"
From the small study room, there is the main house, which is very wide, with the largest in the middle, and right in the middle, there is a wooden warming pavilion with thick felt blankets, one by one, one by one, one by one. On the long table are the four treasures of the study and various official documents. There is a fan-shaped screen behind it, and the middle is very wide, with a red sun on it. There are two rows of low couches neatly placed on both sides of the wide open space. It seems that they are sitting for the person who reported the matter.
The main room is inside, and it is the one on the right, which is a lounge with luxurious furnishings. It must be a place where the county magistrate will take a break after work.
At this moment, I heard a concierge outside whispering loudly: "Master is here--!"
The chief clerk Wen hurriedly said to Xiao Jiading: "Mr. Kang is here!"
The two of them hurriedly came out of the inner room. Standing at the door, they saw a thin old man walking in slowly in a square step.
Wen Zhuan and Xiao Jiading bowed to salute.
The old man did not return the favor. After coming in, he saw Xiao Jiading and then stopped. He looked up and down, and a smile appeared on his plain face.
The chief clerk of Wen quickly introduced: "Xiao Zhiyi, this is Kang Ruxu, the county magistrate of this county, and the county magistrate Kang. This is the clerk sponsored by Sima Tang, Xiao Jiading."
Kang Ruxu nodded and smiled and said to Xiao Jiading: "I have a lot of things here, especially the case matters. I don't understand it. You have to work hard."
Xiao Jiading hurriedly bowed and said, "I will do my best to assist the master."
"Well! Tang Sima highly respects your criminal law, so I recommend you to me. I fully believe in Tang Sima's vision. You will definitely not disappoint me."
Xiao Jiading smiled humbly and said that he was very grateful to Tang Dalang. Although he was not polite to him at the beginning, he could ignore past grudges and strongly recommend himself. This kind of grace of knowing one's experience must be engraved in his heart.
After the chief clerk Wen left, County Magistrate Kang exchanged a few more greetings with Xiao Jiading, asked about life in the residence, and then sat behind several cases to start working. Xiao Jiading also returned to his study and sat down on the couch.
There were several stacks of verdicts sent by the torture rooms on several cases, but they had not been processed yet. Xiao Jiading was not in a hurry to review it. He asked Tong Wenyan: "You have a surname as Wen, and you have the same surname as Wen Zhuan, which is a coincidence."
Wen Yan said proudly: "The chief clerk Wen is my cousin."
"Oh?" Xiao Jiading looked at him a few times. A relative of the chief clerk was arranged by the county magistrate, which can basically be understood as the chief clerk's eyes and ears of the chief clerk. I don't know if this arrangement was caused by the chief clerk's or the county magistrate Kang.
He said to Wen Yan: "Come and find me the verdict that County Magistrate Kang has issued."
Before starting to process manuscripts, he had to first touch the situation, figure it out before starting. After all, this was the yamen more than a thousand years ago, and it was an ancient yamen that integrated the public security, procuratorate, judicial and judicial associations. The office procedures must be different from modern society. Many things cannot be learned in books, so he has to figure them out first. The best way is to see how others do it.
Wen Yan said: "The few documents on the right side of the case are those that the county magistrate has already approved. Before I could send them to the forcibol room, I was about to send them to them."
"Then don't worry, I'll take a look first and learn."
He picked it up and looked at it. These verdicts (verdicts) were all reported to the county magistrate's Zhiyi after the verdict was drafted. Zhiyi reviewed and agreed to the criminal vassal opinion, and submitted it to the county magistrate Kang for approval to be sentenced according to this sentence. That is, the effective verdict that has been issued but has not been delivered to the execution.
After reading the first copy, he felt like he was overwhelmed. The judgment was as follows:
Liu San stole money and market clothes to his father. His father said, "The city is long like this." Liu San sent the county head to ask him. He asked him to ask him for his father's words. He gave him clothes to his father. The money owner told him to be robbed. ——Friends all respect and serve his parents, live happily, and is always a kind of person, and is a difficult person to be despicable. Liu was also unscrupulous, and he collected grievances and virtues. He killed people and raised them, but who said he was filial? He was remorseful and stingy, and did not act righteously. He was only good at following good deeds, and he was called the town's eldest son. Drinking ice curling to follow politics, so as to sprinkle the breeze to become a custom. He used to avoid evil and knew benevolence. He followed the joy of colored clothes and used the original pen to punish the original pen. Even if he gathered bad boys, it was difficult to be lenient. But he was lenient, and he was lenient and could not be lenient. He was lenient and was willing to make a decision. He was lenient and was not angry at all.
The case of this draft judgment is very simple, and no relevant evidence or criminal law is cited. It is full of comments and quotes many allusions and famous quotes. Some of the allusions and cited ancient articles are very rare, and he doesn't know at all, so he is confused.
He learned that in the history of the legal system, he learned that in the Tang Dynasty, a popular verdict was a parallel prose, and he paid great attention to the use of allusions. Almost every sentence had a verbal one, and the words were gorgeous, elegant, and parallelism. In other words, he paid more attention to the literary nature of the verdict. However, in this way, the narrative of the case itself, the determination of the matter, the analysis of evidence, the interpretation of the law, and the limitations of this style of writing cannot be described in detail. The result is that the verdict is very beautiful, but the key points cannot be grasped, and I cannot understand why the verdict is like this, and even the case itself is incomplete.
This approach quickly showed its serious flaws, so in the middle and late Tang Dynasty, there were already scattered judgments, that is, there was no emphasis on literary and stylistic parallelism, but focused on the analysis of things and laws, and the language was as easy to understand as possible. By the Five Dynasties and Ten Kingdoms, especially after the Song Dynasty, the judgments of parallel prose had been completely abandoned, and they were all scattered judgments.
It is still the transition period from the early Tang Dynasty to the middle Tang Dynasty, and there have been signs of such reforms. Xiao Jiading decided to advance this reform and take the lead in changing this approach. This is a case trial, not a matter of making a fuss. Everything should be based on the principle of finding out the case and accurately determining the sentencing of the crime.
Xiao Jiading was not in a hurry to propose his own ideas to the county magistrate. He wanted to focus on some questions and put forward them together, so he continued to look through the draft judgment.
One of them was civil infringement. When the cattle and horses of two villagers were grazing in the wild, the cattle and horses started fighting. As a result, the cattle stabbed the horse to death with the horns. The owner of the horse demanded compensation for the loss of the selling price. The owner of the cattle said that the cattle and horse fought privately. He didn't know that he was not deliberately herding the cattle to hold the horse, so he did not agree to compensation.
The result of the judgment issued by the Magistrate Kang County is that the owner of the horse will first sell the horse meat, and then after deducting the money for selling the horse meat, the difference between the price and the horse will be compensated by the owner of the cow. That is, the "reduction of the price" made by the horse, that is, the reduced loss.
After reading it, Xiao Jiading immediately discovered that the verdict of this effective case was obviously wrong according to the Tang Dynasty laws!
Chapter completed!