Xiao Jiading was very familiar with the content of Tang Law, but he didn't have a specific memory of which article, so he picked up the "Yonghui Law" on the table and looked through it, and found this article, which was really the same as what he had memorized.

According to Tang Law, the scope of tort damages caused by animals biting each other is different from that of animals biting each other, and the judgment that has been issued identifies the fact of mutual biting, but is judged in accordance with the legal provisions on unilateral injury, the result is either that the scribe is not strict in examining the facts, and the facts are wrong, or the law is wrongly cited.

If it is the former, the inspector's sense of responsibility for reviewing the case is not strong, and the basic facts are wrongly determined; It is the latter, and the legal literacy of the expositor is not high. ——The Tang Law is very clear, why would you make an erroneous judgment? It can only show that the scribes of the criminal chamber are not familiar with the basic provisions of the criminal law, let alone grasp the spirit and purpose of the legislation.

He stood up, entered the house and came to the Kang County Order, bowed down and said, "Kang County Order, I have a question I want to report to you." ”

Kang Xian Ling looked up at him.

Xiao Jiading said: "I found that the judgment we drafted was too simple, and there was no relevant evidence and legal provisions, so it may be wrong to agree so rashly." Can you get them to change it? ”

Kang Xian ordered an oh, and didn't look at the verdict, and said: "Okay, you are an expert in this area, you have to check for me, as long as it is to review the case, you can do what you think is good, just notify it." ”

"Yes!" With the words of Kang County's order, Xiao Jiading has a bottom in his heart. He was about to report the mistake he had found to Kang County, but after thinking about it, he decided to clarify the matter first and then report it together. So he didn't say anything, went out with the judgment that had been issued, and came to the signing room of the county lieutenant Deng.

When County Lieutenant Deng saw him, he quickly got up and said, "Xiao Zhiyi is here, what are your orders?" ”

"Don't dare, I'm here to convey the words of the county order, and the county order of Kang said that the criminal case is very important and cannot be sloppy, so there are some work requirements, let me make specific arrangements. Trouble the county lieutenant to invite Xu Justice, Dong Fazuo from the torture room, and the county lieutenant's executive clothes to come, let's discuss it together. All right? ”

"Good! I'll call them right away. ”

County Lieutenant Deng asked the attendants outside the door to call these people and sit down. Xiao Jiading said: "According to the instructions of the county order, when the criminal case is submitted to the county order for review in the future, the whole case must be submitted, that is, all the files and all the materials must be transferred with the case. At the same time, the content of the report should be detailed, especially the relevant evidence related to conviction and sentencing, which should be listed one by one.

Hearing him say this, several people looked at each other. County Lieutenant Deng looked at Xu Justice, obviously asking him to express his position first. Xu Judicial thought for a while and said, "There is no problem with transferring the file materials, I will go back and explain it." As for this judgment, it has always been written like this, and now Zhiyi wants to stipulate a new format of copywriting, this ......, I am afraid that the case will be rejected if it goes to the state capital. ”

Several others nodded their heads.

Xiao Jiading has already thought of this question, and the cases above the prison level should be reported to the state capital and even Dali Temple and the Criminal Department for review. They would certainly not approve of the format and would remand for reconsideration on the grounds that the format did not meet the requirements. At the moment, he said: "What I ask is the judgment you write to the magistrate, you need to write it like this, as for the judgment used to finally close the case, you still write it in your original format." ”

County Lieutenant Deng nodded and said, "What Xiao Zhiyi means is to write a new document in addition to the original document, and write it in the format that Zhiyi just said." ”

Xiao Jiading said: "Exactly, this document can be called a 'trial report', which is only used to be transferred to the county magistrate for review, and is not included in the file or reported. ”

Saying this, everyone breathed a sigh of relief, and County Lieutenant Deng immediately said: "Xiao Zhiyi's orders, I have to follow them......"

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

These people all know that Kang County Ling doesn't understand criminal law, if it weren't for Xiao Jiading's suggestion to him, he himself would not have made such a request, but what's the difference? As long as the county order approves or authorizes Xiao Jiading to do so, his words also represent the decision of the county order. At the moment, they all surrendered their hands to follow the instructions of the prefectural order.

Xiao Jiading took out the judgment that the county order of the cattle and horse fight compensation case had been issued, he did not say that the county order had been issued, but just read the judgment again, and said: "Do you think there is anything wrong with this case?" ”

After hearing this, County Lieutenant Deng felt that there was no problem, but he was old and sophisticated, and he knew that if there was no problem, Xiao Jiading would not take it out. He made a look of deep thought. Xu Judicial is a wood and a rectum, he can't read words and looks, and said, "There is no problem." I read it, and that's how it should be judged. ”

Dong Fazuo also echoed: "Yes, I don't think there's any problem either." ”

Xiao Jiading's eyes looked at Xing Xuzhong, the executive of County Lieutenant Deng, who had not spoken, and said, "What does Xing Zhiyi think?" ”

The general process of the preliminary trial case in the Tang Dynasty was that after receiving the complaint, the preliminary examination of the torture room felt that the case should be filed, and it was submitted to the county governor for approval. After the most reluctance, he took out the draft verdict, and after the judicial review of the criminal room, he sent it to the county lieutenant, and then submitted it to the county order for review, and then submitted it to the county order. The prefectural magistrate will raise the case to the court based on the proposed judgment submitted, and if it feels that there is no problem with the proposed judgment, it can make a judgment on the spot. If you feel that there is a problem, you can withdraw from the court and discuss it again.

Therefore, since this case has been reported to Xiao Jiading, that is to say, if it has passed through the hands of the county lieutenant, it must have been reviewed by Xing Xuzhong, the magistrate of the county lieutenant Deng. However, his opinion will not appear in the draft judgment, because he is only the county lieutenant's personal assistant, and the opinions he wrote on the handling of the case are only submitted to the county lieutenant Deng for personal reading, and are not written in the review column of the judgment. Therefore, Xiao Jiading did not see his opinion.

Xing Zhiyi was in front of Mu Ran, and he didn't seem to notice that Xiao Jiading was looking at him.

Xiao Jiading retracted his gaze and looked at the two Xu Judicial and Dong Fazuo in the torture room: "Do you two have "Yonghui Law"? ”

"Yes, in the torture chamber."

"Excuse me."

Dong Fazuo hurriedly ran back to get it and sent it to Xiao Jiading.

Xiao Jiading didn't answer, and said, "Please find out the legal basis for your handling of this case and let me take a look." ”

Dong Fazuo hurriedly flipped it over, it was obvious that he was not very familiar with the content of this "Yonghui Law", and this kind of dispute came to the yamen relatively rarely, and it was not a common and frequent case. But he was too unfamiliar with it, so he started looking for it from scratch, and turned over the name examples, guard bans, and professional systems one by one. It took a long time to find it, and I was so anxious that my head was sweating.

Judge Xu next to him didn't help find it, but it could be seen that he was also a little weak-hearted, because he didn't know where the specific provisions of the article on Lu Dao were.

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

Xiao Jiading said: "Otherwise, go and call the scribe who undertakes." ”

Dong Fazuo hurriedly agreed, hurriedly ran out, and soon, he came back with a man with a cheeky face, and said: "His name is Wu Donghai, and he undertook this case." ”

Wu Donghai's face was full of impatience, glanced at Dong Fazuo, and said, "What's the matter?" ”

Dong Fazuo said loudly: "Xiao Zhiyi asked you to find out the legal basis for your judgment of this case. ”

Wu Donghai snorted, and the boss impatiently took "Yonghui Law" and began to read it.

He was even less familiar with "Yonghui Law" than Dong Fazuo, and he almost looked at it slowly from the beginning. He muttered, "Fuck, I remember where I saw it, and I couldn't find it." ”

Xu Judicial glared and said, "How did you do it?" Why don't you judge without an opinion? ”

"I watched it......"

"Why can't I find it?"

"I ......, I remember it was like this......"

Xiao Jiading secretly thought in his heart, if it was an error in the determination of facts, then he should be familiar with the law, and he should be able to quickly look up this article, but now he can't find it, which means that he is really unfamiliar with Tang Lu.

If there is a problem in the determination of facts, as long as there is an exclusion of other purposes, it is generally because there is a problem in the admissibility of the evidence, so that the determination of facts is wrong. This varies from person to person, and in each case, different adjudicators have different emphasis, and the facts determined in the trial may be different, especially in civil cases. There is nothing worrying about this, but if you are not familiar with the law, then it is a big trouble, and it can only mean that this is an incompetent judge.

The Wu Haidong in front of him is afraid that this is the case.

Therefore, Xiao Jiading said coldly: "In the fifteenth volume of the stable chapter, Article 206. ”

Wu Donghai's expression was very embarrassed, he hurriedly turned to this article, glanced at it hurriedly, and said: "That's right, that's what it says: 'If the dogs commit suicide and injure other people's livestock, the dog owner will pay them a price reduction'

Xiao Jiading was angry, for such a person who had no self-knowledge, he would not be polite, and said coldly: "Is this the case in this case?" ”

"Why not? Isn't that the case when a cow hurts a horse? We're talking about dogs, but other animals should be treated the same way. ”

"I didn't ask this, I asked you, what is the case of this case?"

"The cattle and horses of the two families got into a fight while they were grazing, and the cows stabbed the horses to death with their horns."

"Is the article you just read the case in this case?"