Chapter 225 Adoption by Analogy

Xiao Jiading hugged her small waist, gently stroked her satin-like smooth hair, and said softly, "What's wrong?" ”

"People are so ......, so worried about your ......, yesterday I saw you live so decently, I ......, I am so happy...... exploded ......" The eldest grandson Yanran sobbed, speaking intermittently, thinking about her worries in the past few days, feeling so wronged, hugging her sweetheart tightly, afraid that she would fly away as soon as she let go.

Xiao Jiading sensed her tenderness and said softly: "I'm also worried about you, are you okay on the lake?" ”

"It's all right, just can't find the direction, hungry and thirsty, our boat found us. When I asked, I found out that there was a young man with a cat-like face painted on his face who told them that we had capsized on the lake, and they came out to look for it. As soon as I heard it, I knew it was you, I knew that you were out of danger, and I cried with joy when I ...... it...... Woowoooooooo

The eldest grandson Yanran said that she also cried.

Xiao Jiading gently twisted her tender face: "What are you crying about, that Heim guy is my defeated general, and I made people not like people and ghosts, how can she bear me?" ”

The eldest grandson Yanran remembered the embarrassed appearance of the Heim guy who was seriously injured by Xiao Jiading's corrosive lake water, and couldn't help but laugh again, gently slapped his solid shoulder, and said, "Look at your smugness!" You rely on the lake water that you are not afraid of strong corrosion, without the lake water, you can't even stop her move! - By the way, how did you get out of her? ”

"That's not easy!" Xiao Jiading said very easily, he didn't want Changsun Yan to be afraid, he only said that he took advantage of the volcanic eruption and the flooding of the strongly corroded lake to force the other party back, and then used a dead wood to drift down the river, and he was lucky enough to return to the port.

The eldest grandson Yanran didn't doubt it, and listened excitedly. It was a relief to hear him return to the port.

Xiao Jiading asked again: "What about your brother?" ”

"Humph! Don't mention them! I don't have a brother like him! When I got back, I told my father and grandpa about his ungrateful behavior! You saved our lives several times, but they took revenge and fled for your life and death, and they really let the dogs eat their conscience! ”

Xiao Jiading was excited when he heard her, and hurriedly comforted him softly: "People are not for themselves, the heavens and the earth will be destroyed, and they are also to protect you and Yueniang." ”

The more generous Xiao Jiading said, the more moved the eldest grandson Yanran was, hugging his neck and offering a fragrant kiss. Then he said: "After we were rescued, Yueniang and I hated their ungrateful behavior and were unwilling to go with them. They don't think they're doing anything wrong, but blame us for being too soft-hearted. So we said that we would not return to the capital for the time being, they would go by themselves, and we would go to Yizhou to play for a while. We followed Granny Long and came to Yizhou under the escort of soldiers and found the King of Shu. The king of Shu was very happy to see us, and after listening to us, he said that they were going back to the capital, and let Hou Changshi and a well-versed in criminal law lead the team to record prisoners. So we can follow along. I didn't think that genius was you! I am so happy. I've heard of your name in the capital! Hee-hee"

"Oh? What did you hear? ”

"How did you show your might, one against two, defeated Lu Zhaolin, the first genius in the capital, and Zhong Wenbo, the original first genius in Yizhou. He also said that you deliberately wrote a poem that was thick on the top and thin on the bottom, so that the two of them let their guard down. Deliberately challenging you, you took the opportunity to defeat the two of them in one fell swoop. Say you're amazing! By the way, I've read a lot of your poems, and my favorite is the one you won the first prize at the Yizhou Poetry Conference! It's really hearty......"

The eldest grandson Yanran chirped like a happy little sparrow. In Xiao Jiading's arms, he told his admiration for his lover.

The two were sometimes affectionate, sometimes talking about love, and before they knew it, it was late at night. The eldest grandson Yanran got up at this time. Reluctantly, he went out of the window again and returned to his room.

After that, whenever the eldest grandson Yanran had the opportunity, he would sneak into Xiao Jiading's house and make love to him, and listen to him say some love words before and after the moon, and the two of them were like soaking in a honey pot. This kind of children's affection is long, and it will not be shown for the time being.

On the third day, the group finally came to Fangyi Mansion in Suizhou.

According to the rules, Xiao Jiading took Wu Yueniang and Changsun Yanran, who were disguised as men and women, as well as other scribes from all over the country who participated in the recording of prisoners, accompanied Hou Changshi to inspect the prison of the state and county yamen, and listened to the grievances in person. After such a trip, more than a dozen people cried out for injustice.

Xiao Jiading is responsible for assisting Hou Changshi, and his responsibility is to report to Hou Changshi after the review of these more than ten cases of injustice, and after reporting to him to take out the review opinions, he will report to Hou Changshi, and then Hou Changshi will make a final decision on the case.

The first to report was a man who had been convicted of adoption.

Adoption was strictly controlled in ancient times, unless the adoptee was an orphan under the age of three who had no one to support, and there was a discussion between people with the same surname to take him as an heir, which was okay, and for the opposite sex, the occurrence of adoption was strictly controlled, according to the provisions of the "Yonghui Law", "that is, if a man with a different surname is raised, he will be imprisoned for one year." With the person, fifty flogging. In other words, if a child is adopted with a surname other than oneself, both the adopter and the adopter will be punished. Among them, the penalties for adopters are more severe.

The case they are going to record now is also the adoption of a child with a different surname than the adopter, except that he adopted a girl. The Yonghui Law stipulates that the adoption of a boy with a different surname shall be punished, but the adoption of a girl of the opposite sex shall be punished. The county yamen found him guilty and sentenced him to one year's imprisonment in accordance with the provisions. It was submitted to the state government and approved.

During the recording of the prisoners, the defendant cried out on the grounds that all five of their children were boys and had always wanted a daughter, while the adoptive family had four daughters, and because the family was relatively poor, they were willing to give the youngest one to the defendant's family as an adopted daughter. This is something you want me to do, how can it become a crime? He felt unconvinced, so he cried out for injustice.

The case was sent to Xiao Jiading, and Wu Yueniang and eldest grandson Yanran also watched it together. After reading it, Wu Yueniang was the first to express her opinion: "This case is judged correctly." Although only the adoption of a boy with a different surname is punished, both boys and girls are human beings, and this provision is mainly a punishment for the adoption of a child with a different surname, as long as a child with a different surname is adopted. As long as they are not orphans under the age of three, they should be punished! This case should have dismissed his appeal and upheld the original verdict! ”

Xiao Jiading looked at the eldest grandson Yanran. The eldest grandson Yanran was holding a copy of "Yonghui Law" and looking at it, and after a while, she raised her head and said: "You see, what this law stipulates is: 'That is, those who raise men with different surnames', that is, they are limited to raising men with different surnames, and do not mention daughters. If we extend the target of the crime to our daughter, there seems to be no legal basis! ”

Xiao Jiading nodded again and again when he heard this. This eldest grandson Yanran is worthy of being the granddaughter of a famous jurist in the Tang Dynasty, and she is very legally literate and understands the truth that it is not a crime if there is no explicit provision in the law. That is, if the law does not stipulate that a certain act is a crime, it generally cannot be recognized as a crime. Of course, when the legal system is not perfect, in order to avoid some socially harmful criminal acts escaping punishment due to loopholes in the law, analogous provisions are often made. Such a provision is also found in Tang Law. Therefore, it cannot be said that what Wu Yueniang said is unreasonable. If it is considered that analogy can be applied in this case, then there is no error in this case. Because that's how the state and county yamen judged.

The two daughters each have their own reasons. Xiao Jiading is a modern scholar specializing in Tang law. To be honest, he didn't particularly care about this issue at the time. Now that I have encountered it, I feel that it is indeed a problem.

After pondering for a long time, Xiao Jiading said: "This case is not an unjust case." The key is to see whether this case can be applied by analogy. ”

Wu Yueniang and eldest grandson Yanran felt that Xiao Jiading had said the point, and they both nodded together. Wait for him to continue.

Xiao Jiading said: "I personally believe that the two criminal acts that apply by analogy can be applied by analogy. It is because the legal interests they infringe are the same, or in other words, the object of the crime protected by the law they infringe is the same. Therefore, whether the analogy can be applied in this case depends on whether the act of adopting a daughter also infringes on the same legal interests as the act of adopting a boy, or whether it infringes on the same object of crime. ”

What Xiao Jiading said was the theory of crime composition in modern jurisprudence, and the eldest grandson Yanran and Wu Yueniang naturally couldn't understand it, and the two looked at each other, not knowing what he was talking about.

Xiao Jiading was just sorting out the thoughts in his mind, so he didn't care whether the two understood or not, and continued to say: "Our clan is based on a male system, once a woman marries, she will no longer belong to her own clan, even if her mother's family commits a felony of clan punishment, it can't implicate a daughter who has already married." From this point of view, the impact of adopting a boy on the family is completely different from that of adopting a girl. Because he adopted a boy, he became a member of the adopter's family, and his family was implicated in a felony, and his family was implicated in a felony. The consequences of adopting a boy and a girl are very different. Therefore, their legal interests are not the same. ”

This truth is very simple, and the second daughter nodded frequently. began to understand the meaning of what Xiao Jiading said earlier.

Xiao Jiading continued: "This crime is included in the article on household marriage, that is, this crime endangers family relationships. And once a daughter is married, she is no longer a member of the family, unlike an adopted boy. The structure of the chapter can reflect the legislative intent of the legislator. From the text, we can also understand that this type of crime protects clan and family relations. Since adopted daughters cannot become family members, there is no harm to clan family relations. Therefore, from the perspective of the chapter, the adoption of a daughter does not infringe on the clan family relationship of the household marriage of the adopted boy, so the two are also different. ”

The second daughter could not imagine that he could still infer the original intent of the legislation from the results of the chapter. They had never heard of this method of explanation and found it very novel. Even Wu Yueniang, who had been looking at him with slanted eyes, didn't realize that she had turned her eyes around.

Xiao Jiading finally concluded: "There is a cloud in "Zuo Chuan": 'If you are not of my race, your heart will be different'. This sentence changes a way of thinking, and it can also be understood that the adopted girl, because she cannot become a member of the family, cannot have the same result as the adopted boy. Therefore, the adoption of a boy and the adoption of a girl have completely different results, and the impact on clan family relations is completely different, so the two cannot be analogized. ”

After listening to Xiao Jiading's explanation, the eyes of the two daughters widened, and what they said was really the truth. Eldest Sun Yanran immediately praised: "I just thought that this case should not be analogous, and it was just an intuitive impression, if I were to say such a set of reasons, I really couldn't say it." Xiao Zhiyi, you are amazing! ”

Xiao Jiading hurriedly humbled a few words.

Wu Yueniang also resumed her squinting eyes and looked at Xiao Jiading: "What kind of legal benefits and objects did you say earlier, what's going on?" ”

Xiao Jiading had no choice but to make it up: "It's something I figured out when I was studying Tang Law, if you are interested, I can explain it to you." ”

"Not interested!"

"I'm interested!"

Wu Yueniang and eldest grandson Yanran said two points of view almost at the same time. Wu Yueniang glanced at the eldest grandson Yanran: "He is making up nonsense, what does he mean?" He is a little clinging, what other big truth can he say? It's in vain to listen to it, turn around and ask your grandfather, the custodian said much better than him! ”

The eldest grandson Yanran shook her head and said, "I have heard my grandfather talk about the criminal law many times, but I have never heard such a statement. This is very novel, Xiao Zhiyi, I listened to what you said, and I will talk to my grandfather when I go back, and let him hear if it makes sense. ”

Using modern legal theories to influence an ancient jurist made Xiao Jiading feel very novel. Although due to the different times in which they lived, they may not be able to accept the legal concepts of the current society, they can also open up some ideas. So Xiao Jiading nodded and said to Wu Yueniang: "Do you listen?" ”

"Okay, there's nothing left or right, just listen to it."

So, Xiao Jiading briefly explained the theory of crime composition of modern criminal law to the second daughter, and also gave an example to illustrate that although the second daughter is smart, such a legal theory is too advanced for them, and there is no such social foundation to pave the way, so it is difficult to understand for a while. It's just that the eldest grandson Yanran still remembered what Xiao Jiading said with her heart, while Wu Yueniang didn't listen seriously, as if she was listening to a story.

As soon as he finished speaking, a new case of recording prisoners arrived. This is a case of breaking the law. (To be continued......)