Chapter 174: The Learning of Ascension
(Thank you for the dog who loves rats, and the precious monthly ticket voted by the ruling*garbage, thank you.) )
The county government has a backlog of cases.
At the beginning of August, the county government began to make announcements.
The so-called notice, that is, to accept the people's pleadings, on the third day, the sixth day of the first month and the ninth day of the first month, the magistrate of the county ascends to the court, and the priests, wardens and clerks of the torture room lead the people who complain, to the county hall to hand over the pleadings, under normal circumstances, the county will not be tried in the court, and after leaving the court, carefully read the pleadings, and think that they can be tried, they will leave the pleadings, and if they should be tried in the court, if they should not be accepted, they will ask the officials to return the pleadings.
Major criminal cases often take a long time to hear.
The detection techniques of this era are not as good as hundreds of years later, unjust, false and wrongful cases are not necessary to say, especially in homicide cases, when you see those who are running around to commit crimes, there is basically no possibility of detection, but the case always has to be solved, otherwise there will be a problem with the county's political performance, at this time, people who are unlucky may be unlucky, suspected of being the perpetrator, you are not convinced, you can also shout wronged, you are better to die than to beat, it is better to admit it, come to the pleasure of a knife.
Of course, most of the main cases are trivial matters, and the cases of disputes over the division of family property are the most, and most of them involve money anyway.
Zhixian is not a god, many Zhixian, that is, scholars who have passed the imperial examination, are by no means detectives, and when they encounter a major criminal case, they take it for granted who may be the perpetrator after some thinking.
If you investigate cases quickly and collect money and food effectively, it will be the greatest political achievement, although you may not be able to get promoted soon. At least that's the basics.
When Su Tiancheng went to Henan District for disaster relief, the county government began to make a report, and it was Lu Tianming, the county who took over the case.
The county magistrate is the most important adjutant of the county, and when there is a vacancy in the county or something to go out, it is natural to try the case.
Lu Tianming is very smart. Su Tiancheng went to Henan for disaster relief, he took over many cases, basically not tried much, all of them were pressed, Su Tiancheng's ability, he has seen it, this matter of trying the case, or wait until Su Tiancheng comes back to deal with it, if he tries it himself. If you are unlucky, you will see a wrong case, and you will be punished by the magistrate, or even investigated, and the gains outweigh the losses.
Su Tiancheng sat in the second hall, looked at a large pile of paper, and began to feel a headache.
At this time, he began to miss the system hundreds of years later. There are special organs of the public procuratorate, procuratorate, and judicial departments, and the principal leaders do not need to be concerned about these matters. The main energy should be concentrated on economic development, but it is not possible now, because the county governor is the parent official of a county, who is in charge of the sky and the earth, and the air in the middle.
The atmosphere of the late Ming Dynasty. It's already very bad, the county magistrate has tried the case, and it has become a good opportunity to make money, and the master, the secretary, the warden, the clerk and the servant are all on the stage. Each of them reaps benefits, the rich and powerful, as a prestige, take out the silver, can settle everything, no money and no power, loss is inevitable, the government and the yamen are open, and there is no reason to come in.
As a last resort, ordinary people will not go to the yamen to file a lawsuit.
After reading the pleadings for two days in a row, Su Tiancheng never spoke, nor did he say when he would be promoted to the court for trial, nor did he say that he would not be tried, because he had read a lot of pleadings and had already found the problems inside.
He did not dare to guarantee a 100 percent correct trial, but he would never allow anything to be reversed.
When Qu Qingze entered the second hall, he found Su Tiancheng frowning, facing the stack of papers on the desk.
"My lord, is it a headache for the criminal name?"
Seeing Qu Qingze come in, Su Tiancheng didn't speak, nodded slightly, how to try these cases, he had a general idea in his heart, but he still had to ask for advice.
"What adults mean is to think about some clear procedures for handling cases."
"Master Qu, Jinyiwei also often handles cases, what are the tricks in this, tell me in detail, don't hide your secrets."
"Since the lord asked about the trial of the case, the lower officials are not polite, this trial of the case, to say that it is simple, it is also simple, the pleadings are all clear, most of these pleadings are written by the county lawyers, the facts are basically clear, according to the requirements of the pleadings, a little inquiry, and then the case can be decided."
A sarcastic smile appeared on Su Tiancheng's face.
"Brother, what do you mean by this, according to what you said, those lawyers, can come to serve as the magistrate, what case do you want me to hear, the person who complained, all want to say that the matter is big, it seems that the county government does not handle it according to their opinions, it is corruption and perversion of the law, it is unfair, the more this is the case, the more cautious I have to be, how can I judge the case at will."
Qu Qingze was stunned for a moment, and his face turned a little red.
"Your Excellency already has an idea, and the lower official is purely talking."
"What are you doing with your anger, you can't bear it with a few words, and you still have a hundred households in Jinyiwei, don't you have any gas at all, you can be real, talk about the drawbacks, that is, what problems exist."
"Xiaguan understands."
A meaningful smile appeared on Qu Qingze's face.
"If you want to say that this trial case involves a lot of people, there are officials in the torture room, some of the officials, and the lawyer in the county who specializes in fighting lawsuits, they are all closely related to the trial of the case, for example, in a specific case, when the complainant submits the complaint, he may have come into contact with the clerk of the torture room, and even the clerk and the warden, even if he did not come forward, the lawyer may have been in contact in advance, and this trial will naturally have a mystery."
"The adults want to know the strangeness of the trial, and the lower officials will make it clear, if the county is clear, and can grasp the main problem, the officials and officials below, including the lawyer, are very careful and dare not mess around, if the county is confused, this trial is not their own business, basically the following has the final say."
"Oh, you explain it in detail."
"For example, in this case of theft, the bitter lord came to sue, if he can grasp the current, it is the best, can not catch the current, just suspect whom, it is not easy to do, the loss of property is large, always have to find a place to go, the lawyer in the drafting of the complaint, has long had this aspect of thinking, there is no direct evidence, it is easy to say, through the suspicion of the bitter lord to reason, found the culprit, after some analysis, the culprit argument is irrefutable, the county magistrate broke off, the culprit is naturally to compensate, that is, confiscated the family property, and compensate the sufferer for his losses. ”
"Hehe, what do you mean is that since the culprit can't be justified, the property of the bitter lord has been settled, and in this, the lawyer has made great contributions, if it weren't for the efforts of the lawyer, the property of the bitter lord would have been lost in vain, and after the matter is completed, the reward is naturally indispensable. Of course, in this, it is definitely not possible to rely only on the strength of the lawyer, and many joints are needed. As for who the real culprit is, it is not the most important thing. ”
"Your Excellency is so clever."
Su Tiancheng shook his head lightly, this is by no means clever, such a situation is actually a kind of sadness, to put it simply, it is the people who suffer in the end.
"Then you go on and talk about what kind of measures should be taken to avoid such a situation."
Qu Qingze had already prepared and spoke quickly.
"It's very difficult, the busy farming season has just passed, the notice has stopped for five months, the county government must have a lot of cases, if you want to investigate in detail, not to mention the delay in time, it also consumes manpower and financial resources, the understanding of the lower officials, the focus is still to rely on judgment, the best way is to rely on the strength of the chief, the head or the clan, they are familiar with the situation, can make accurate analysis and judgment, if you master these aspects of the situation, there will be basically no major problems."
Qu Qingze is talking about the investigation of the case, there is a certain amount of truth, but as a person who travels, Su Tiancheng is not very satisfied with such an opinion, some simple cases have already been mediated through the clan, the chief and the head of the first year, and he will not go to the county government to complain, since he has arrived at the county office, it means that there is no good way to do it below.
If he explained to Qu Qingze the principle of analogy of guilt and presumption of innocence, Qu Qingze would definitely think that he was crazy, and it would definitely not work to judge the case according to such standards, the general climate was not suitable, and when the time came, many cases in Jiangning County could not be adjudicated, which would affect his reputation.
You can only find a balance in the middle.
Judicial fairness must be adhered to, this is not a trivial matter, if you continue to let the people below do nonsense, no matter how many good things you do for the people, the people's will will still be lost.
When Lu Tianming entered the second hall, Su Tiancheng had already regained his composure.
"Lord Lu, for more than two months, I've worked hard for you."
"My lord, the lower official didn't do anything, he didn't dare to make decisions about this case, and in two months, there was a backlog of some cases, and the lower official was very uneasy."
"It's nothing, before this official took office, there was a period of time when you were responsible for adjudicating the case, tell me what the requirements are."
"My lord, there are not many cases decided by the lower officials, most of them were decided by the former magistrate, and the lower officials have not decided any major cases, they are all disputes and the like, and the focus is also on coordination."
"Oh, that's it, so what are you still trying to coordinate."
"The lower officials generally consult with the master Bo, and according to the suggestions put forward by the torture room, they will be sentenced after careful consideration."
"Well, two months have passed, and these dozen cases have not yet been tried, and the bitter master has no opinion?"
"No, the bitter lord knows that the adults have been ordered to go to Henan District for disaster relief, and after the adults come back, they also need to recuperate and adjust for a period of time, and the lower officials are still considering whether next month's announcement will be postponed temporarily."
"I know what to say, and after I think about it, let's discuss it." (To be continued.) )