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Chapter 34 Gorgeous and Real

Xiao Jiading was very familiar with the content of Tang Lu, but he did not have a specific memory of which article he had, so he picked up the "Yonghui Lu" on the table and looked through it. He found this article, which was indeed the same as what he had originally remembered.

According to Tang Ru, the scope of compensation for infringement damages caused by the animal's bite is different. The verdicts issued have determined the facts of mutual bite, but are judged according to the legal provisions of unilateral damage. Such a result is either the clerk's lack of strict examination of the facts, the facts are determined incorrectly, or the citation of the law is wrong.

If it is the former, the clerk's sense of responsibility in reviewing cases is not strong, and even the basic facts are wrongly determined; if it is the latter, the clerk's legal literacy is not high. - The provisions of the Tang Law are very clear, why do they still make wrong judgments? It only means that the clerk's secretaries are not familiar with the basic provisions of the criminal law, let alone grasp the spirit and purpose of the legislation.

He stood up, went into the room and came to the front of several cases of the Kang County Magistrate, bowed and said, "Mr. Kang County Magistrate, I have a question to report to you."

County Magistrate Kang looked up at him.

Xiao Jiading said: "I found that the judgments we drafted are too simple, and there is no relevant evidence or legal provisions. Such rash consent may lead to errors. Can they make changes?"

County Magistrate Kang said, and did not look at the judgment, saying, "Okay, you are an expert in this regard. You have to check for me. As long as it is for the sake of reviewing the case, you can do whatever you think you are doing, and just inform me."

"Yes!" With the words of County Magistrate Kang, Xiao Jiading felt confident. He was about to report the mistake he found to the County Magistrate Kang, but he thought about it and decided to make it clear and report it together. So he did not say that, and went out with the issued verdict and came to the signing room of County Magistrate Deng.

When County Magistrate Deng saw him, he quickly stood up and said, "Xiao Zhiyi is here, what are the instructions?"

"I dare not, I am here to convey the words of the county magistrate. County magistrate Kang said that the case of criminal name is of great importance and cannot be careless. Therefore, there are some work requirements, so I will make specific arrangements. Please ask the county magistrate to ask Xu Sihou, Dong Fazuo, and the county magistrate's Zhiyi to come. Let's discuss it together. Is it OK?"

"Okay! I'll call them right away."

County Magistrate Deng asked the attendants outside the door to call these people and sat down. Xiao Jiading said: "According to the instructions of the county magistrate, when the future criminal cases are submitted to the county magistrate for review, all cases must be submitted, that is, all files and all materials must be transferred with the case. At the same time, the content of the report must be detailed, especially the relevant evidence involving conviction and sentencing, and finally, the proposed handling opinions must indicate the specific laws and regulations quoted.

After hearing what he said, several people looked at each other. County Magistrate Deng looked at Xu Sifa and obviously asked him to express his opinion first. Xu Sifa thought for a while and said, "There is no problem with transferring the files and materials. I will just go back and explain it. As for this judgment, it has always been written like this. Now Zhiyi has to stipulate a new copy format. This... I am afraid that the case will be rejected if it goes to the prefecture."

The others also nodded.

Xiao Jiading had already thought of this issue. The case of the above-mentioned vassals must be reported to the prefecture or even the Dali Temple and the Ministry of Justice for review. They will definitely not recognize this document format and will be sent back for retrial if the format does not meet the requirements. At the moment, he said: "What I asked for is the judgment you wrote to the magistrate. This is what you need to write. As for the judgment used for the final closing of the case, you should write it according to your original format."

County Magistrate Deng nodded and said, "Xiao Zhiyi means that in addition to the original document, he will write a new document in accordance with the format that Zhiyi just said."

Xiao Jiading said: "That is, this document can be called a 'review report', which is only used for handing over to the magistrate for review, and will not be included in the document or submitted."

After saying this, everyone breathed a sigh of relief. County Magistrate Deng said immediately: "Xiao Zhiyi's orders are what he wants to do..."

"It's not my order," Xiao Jiading interrupted him, "This is the order of the county magistrate, and I'm just conveying it on my behalf."

These people all knew that County Magistrate Kang did not understand criminal law. If Xiao Jiading had not suggested to him, he would not have made such a request. However, what is the difference? As long as the county magistrate agrees or authorizes Xiao Jiading to do so, his words will represent the county magistrate's decision. He is now giving in to the county magistrate's instructions.

Xiao Jiading took out the verdict that the county magistrate had issued for the compensation case of the cattle and horse. He did not say that the county magistrate had issued it, but just read the verdict and said, "Do you think there is something wrong with this case?"

After hearing this, County Magistrate Deng felt that there was no problem, but he was so worldly and knew that if there was no problem, Xiao Jiading would not come up with it. So he looked like he pondered and thoughtful. Xu Sifa was a wood, a straightforward person, and could not observe his expression and said, "No problem. I saw it, this is how he should be judged."

Dong Fazuo also agreed: "Yes, I don't think there is any problem."

Xiao Jiading looked at Zhiyi Xing Xuzhong, who had been silent and had been speaking, and said, "What do Xing Zhiyi think?"

The general process of the initial trial of a case in the Tang Dynasty was that after receiving the complaint, the criminal room initially reviewed the case and reported it to the county magistrate for approval. After the case was filed, the specific criminal civic was handled by a specific criminal civic. If the investigation and inquiry were also carried out, the clerk was also carried out. Finally, the verdict was drafted, and the county magistrate was recommended to the county magistrate for review after judicial review of the criminal room, and then submitted to the county magistrate for examination, and finally submitted to the county magistrate. The county magistrate would go to the court to ask the case based on the submitted draft judgment. If you feel that there is no problem with the draft judgment, you can make a judgment in court. If you think there is any problem, you can withdraw and discuss it.

Therefore, since this case has been reported to the Xiao Jiading, that is, after the county lieutenant's hand, it must have been reviewed by the Xing Xuzhong, the county lieutenant's Zhiyi. However, his opinions will not appear in the drafting of the judgment, because he is only the personal assistant of the county lieutenant. The case handling opinions he wrote were only submitted to the County lieutenant Deng to read, and were not written in the review column of the judgment. Therefore, Xiao Jiading did not see his opinions.

There was no sign of Xiao Jiading looking at him in front of Xing Zhiyi.

Xiao Jiading withdrew his gaze and looked at the two Xu Sifa and Dong Fazuo in the execution room: "Do you two have the "Yonghui Law"?"

"Yes, in the torture room."

"Please bring it."

Dong Fazuo quickly ran back and took it and delivered it to Xiao Family Ding.

Xiao Jiading did not answer and said, "Please find out the basis for your legal handling of this case and let me see."

Dong Fazuo quickly flipped it up. Obviously, he was not very familiar with the content of this "Yonghui Law", and there were few such disputes in the yamen, which were not common cases that were frequently reported. However, he was too unfamiliar with it. He started looking for it from scratch, searching for the famous examples, the Weiguan, and the Job System. After a long time of hard work, he couldn't find it. He was so anxious that he was sweating.

Xu Sifa next to him did not help find it, but he could see that he was a little guilty because he didn't know where the specific provisions were.

Before coming, Xiao Jiading had already read the corresponding laws and knew where it was. The reason why he didn't say it was because he wanted to see the legal knowledge of the two persons in charge of the torture room. Now it seems that it is not very good.

Xiao Jiading said, "Or why go and call the clerk who is in charge."

Dong Fazuo agreed quickly and hurriedly ran out. Soon, he came back with a man with a stinky face and said, "His name is Wu Donghai, and he handled this case."

Wu Donghai looked impatient and glanced at Dong Fazuo and said, "What's wrong?"

Dong Fazuo shouted: "Xiao Zhiyi asked you to find out the legal basis for your judgment on this case."

Wu Donghai snorted, and the boss impatiently took "Yonghui Rule" and started to read it.

He was even more unfamiliar with "Yonghui Rule" than Dong Fazuo. He almost looked at it one by one from the beginning and muttered, "Damn it, I remember seeing it somewhere, why can't I find it?"

Xu Sifa glared and said, "What did you do? Why did you judge if you don't see the law?"

"I've seen it..."

"Why can't I find it after seeing it?"

"I..., I remember that's what it stipulates..."

Xiao Jiading thought to himself that if it was a mistake in determining the facts, he should be familiar with the law and should be able to quickly find this article. However, now he couldn't find it, which means he was really unfamiliar with Tang Lu.

If there is a problem in the determination of facts, as long as there is a purpose to exclude it, it is usually because there is a problem in the acceptance of the evidence, and even the facts are wrong. This varies from person to person. Each case, different judges have different focus, and the facts determined may vary in certain ways, especially civil cases. This is nothing to worry about, but if you are not familiar with the law, it will be a big problem, which only means that this is an incompetent judge.

This is the case with Wu Haidong in front of him.

Therefore, Xiao Jiading said coldly: "In the 15th Volume Stable and Repository Chapter, Article 206."

Wu Donghai looked very embarrassed. He quickly turned to this post, took a quick look, and said, "That's right, it's just written: 'If the dogs commit suicide, hurt others, the dog owner will pay the price for it's reduced'

Xiao Jiading was angry. He would not be polite to such a person who was not self-aware and said coldly: "Is this the case a situation?"

"Why isn't it? The cow hurts the horse. Isn't this the case? Although it's talking about dogs, other livestock should be treated the same way."

"I didn't ask this, I ask you, what's the case like?"

"The cattle and horses of the two families fought while grazing, but the cattle stabbed the horse to death with their horns."
Chapter completed!
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