Chapter 229: Fairness and Justice

Wu Yueniang said: "Of course it's wrong!" I've been divorced, and I'm no longer from their family, so why should I be arrested? -- I remember this in the previous rebellion case, and there was also the situation you said, the wife had been divorced, and then the man's family rebelled, and the divorced wife was not involved. ”

Xiao Jiading said: "That's right! The reason for the felony of treason is not to even the wife who has been divorced, because the wife is no longer from the man's family, right? ”

"That's right."

"Since the divorce of the wife means that it is not from the man's family, the same reason, in this case, the little daughter-in-law has been divorced, and she is no longer from the man's family, right?"

Wu Yueniang somewhat understood what Xiao Jiading wanted to say, hesitated for a moment, and nodded.

Since it is no longer a family, she and her former mother-in-law are no longer mother-in-law. Then he ......"

"I see what you mean, you mean, after all, it was her mother-in-law!"

"You can't use someone who used to talk about things, such as a stepchild. Once the child is passed on to someone else, his relationship with his biological parents will be completely severed, even if he has unfilial behavior towards his biological father, it does not constitute the crime of unfilial piety, right? ”

"Hmm......" Wu Yueniang thought about it, and finally nodded, "That's the case, okay, it's okay if you say it right." In the case of this little daughter-in-law, the provisions of the "Yonghui Law" cannot be applied. Because when her husband died, she had already been divorced and had nothing to do with their family. Therefore, when they murdered this woman, it was not considered murder of the mother of the deceased husband. ――What should I do about this case? ”

The eldest grandson Yanran said: "It will be treated according to the murder of ordinary people." As he spoke, he turned to one of the articles in the "Yonghui Law", pointed to it and said: "Na, it is written: 'All murderers will be imprisoned for three years.'" Wounded, hanged; According to this rule, they should be sentenced to three years' imprisonment. ”

Three years is only one level lower than two thousand miles. However, there is no need to send an exile or leave their hometown, which has already fulfilled the greatest wish of their families.

The scribe agreed with them. hurriedly redrafted the verdict, and after Xiao Jiading signed the opinion, Hou Changshi made a change in the verdict.

After the recording of prisoners here was over, the group continued to move forward, and after recording prisoners in Zizhou, they entered Lingzhou and went to Renshou County to record prisoners.

Here, again, they encountered quite a few controversial cases.

One of them, inconceivable to modern people, was punished as a felony in ancient times.

The facts of the case are as follows: the grandfather of the criminal Li San was killed by Wang Lao Wu of the same village because of trivial matters. Originally, this Wang Lao Wu had already been sentenced to death. However, when Emperor Li Zhi ascended the throne, he granted amnesty to the whole world, including all those who were executed. So Wang Lao Wu was pardoned for his capital crimes. The yamen ordered his family to move to the distribution site to avoid the feud between the two families. However, this Wang Lao Wu was a local tyrant, and their mountain village was very remote, and the yamen was also busy with other things, so he did not urge him to move. This Li San is an honest person, he doesn't dare to cause trouble, he knows that Wang Lao Wu has not moved, but he has not squeaked, let alone went to the yamen to denounce it.

Until recently. The county government inadvertently discovered that Wang Lao Wu was still in the village and had not moved to the penal colony, so he sent Soo Li and forcibly sent his family to a penal colony thousands of miles away to settle down, and was not allowed to return to his hometown. Meantime. The yamen asked Li San, and Li San admitted that he knew that Wang Lao Wu had not moved, but he did not report it. As a result, the yamen sentenced him to two years in prison.

This Li San felt very wronged. How my grandfather was killed, the murderer was pardoned from death when he met amnesty, he did not migrate. but to punish my sins? So he cried out for injustice.

After the scrivener, he also felt that Li San was too wronged, and he was honest and pitiful, so he made a judgment and planned to make a not-guilty verdict.

After listening to the report of the undertaker, Wu Yueniang and the eldest grandson Yanran began to argue again.

The eldest grandson Yanran said: "Li San clearly knew that the person who killed his grandfather was still in the village and did not move according to the regulations, but he did not report it, this is a manifestation of unfilial piety, and the "Yonghui Law" stipulates very clearly: 'All grandparents, parents and husbands are killed by others, and those who make peace with each other will flow 2,000 miles. Extended family, two and a half years in prison. Below the great achievement, it will be reduced by one level. Those who receive wealth are allowed to steal. Although they are not selfish, those who know that they are above the killing period and do not tell them after 30 days will be deducted by two degrees each. In this case, Li San should be dealt with as if he did not denounce him, and he should be reduced by two degrees, so he was sentenced to two years' imprisonment. That's right. ”

Wu Yueniang held the "Yonghui Law" and pondered for a while, before she said: "After this kind of amnesty, the criminal did not move, and the victim's family knew about it but did not report the situation, there is no provision in the "Yonghui Law", since there is no provision, it should not be punished." ”

The eldest grandson Yanran said: "Although there are no clear regulations, it can be deduced from this article." This article already stipulates: 'Those who know that the relatives have not been reported for 30 days shall be reduced by two degrees each' - this knowledge is not limited to whether the crime occurred before or after the crime, nor does it say that it does not include the situation of not reporting the situation after encountering the pardon, knowing that the other party has not moved. According to the principle of analogy, this article can be used. ”

Wu Yueniang pouted and said, "No! In the previous discussion, we all said that it is not a crime if there is no explicit provision in the law! How can we use analogy to talk about things now? I don't think that's reasonable! ”

The eldest grandson Yanran looked at Xiao Jiading: "Let's ask Xiao Zhiyi to judge, he is the final decision on this prisoner." After that, he looked at Xiao Jiading expectantly. She believes that Xiao Jiading will definitely support her, just like the previous times. This is not only because the two are lovers, but also because her judgment comes from years of research on the law, and she firmly believes that her judgment is correct.

Xiao Jiading actually knew that Changsun Yanran's judgment was right, because of this situation, the later "Yonghui Shu Yi" had made clear provisions, which was the same as what Changsun Yanran said. If you look at it from this point of view, he should support Changsun Yanran. However, from the perspective of modern morality and ethics, although Li San knew that the enemy who killed his grandfather did not move to the penal colony to settle down in accordance with the regulations, and indeed violated ethics and morality, this is only limited to the level of violating morality, and should not rise to the level of legal sanctions, and being sentenced just because he did not denounce him is unacceptable to Xiao Jiading's legal outlook.

Therefore, after weighing it, he still felt that the case should be handled in accordance with his own moral ethics and legal outlook.

So, he didn't support the view that according to Tang Lu, the eldest grandson Yanran was originally correct, but smiled and said, "I also think that Miss Wu has a point. Since the law does not explicitly stipulate it, it is better that the crime should not be punished. ”

Wu Yueniang was very proud, and looked at Xiao Jiading: "You still have some ability." ”

Eldest Sun Yanran couldn't believe her ears: "Xiao Zhiyi, this rule can be compared." It is no less dangerous for a person who knowingly killed his grandfather but was pardoned for a capital crime and did not relocate according to the regulations and did not report it, than if he knew that a person killed his own grandfather and did not report it......"

The eldest grandson Yanran explained endlessly, and Xiao Jiading listened with a smile and did not interject until she finished speaking. Xiao Jiading still said the same thing: "I think Miss Wu is right." ”

The eldest grandson Yanran was so angry that she slammed the "Yonghui Law" in her hand on the table.

Wu Yueniang walked up to her and said with a smile: "Yanran, you are almost right in front, let me do it again this time!" Don't be so stingy! ”

"It's not a matter of being stingy! This is handling a case, and handling a case right is right, and a wrong case is wrong, and it cannot be humane. ”

"But this time it turns out that you are wrong! Xiao Zhiyi said that he is a master who is proficient in criminal law recognized by the King of Shu. ”

"Humph!" The eldest grandson Yanran glared at Xiao Jiading fiercely, "I'm tired." Go back and rest! You're taking your time to figure it out! With that, he rushed out the door and returned to his room.

Wu Yueniang pouted: "She's really stingy, forget it, I'm tired too." Go back and lie down for a while. After that, Wu Yueniang also went out.

Xiao Jiading said: "Okay, everyone rests for half an hour, let's continue when it's over." ”

"Good. Call me when the time comes. ”

The scrivener looked at Xiao Jiading and didn't know what to do. Xiao Jiading said: "This kind of behavior has not been defined as a crime at present, so. It's better not to deal with it as a crime. ”

"Yes! Then I'll go down and change the verdict and report it back. ”

After the scribe left, Xiao Jiading closed the door and opened the window, and their back window was a high wall, and no one could see it. He came out of the window, came to the window of the eldest grandson, knocked lightly, and after a while, the window opened, and the eldest grandson Yanran stood there with a pout, looking at him with a straight face.

Xiao Jiading smiled, lowered his voice and said, "You don't plan to let me in?" Then I'm leaving......" He turned around and pretended to leave.

"Stop!" The eldest grandson Yanran muttered and let go of the way.

Xiao Jiading turned over and entered the window, closed the window, and reached out to hug her, but the eldest grandson Yanran twisted her delicate body and dodged away. With their backs to him.

Xiao Jiading hugged her from behind and kissed her crystal clear earlobe. Blowing on her neck again. The eldest grandson turned around with a sigh of relief, and the pink fist hit him his strong chest.

"Ouch! Want to murder your husband? Xiao Jiading pretended to be in pain and shouted.

"It's time to fight! I don't believe you think so! You say, why are you facing her? Why would you rather indulge a criminal than please her? The eldest grandson Yanran said as she smashed him with her pink fist.

Xiao Jiading grabbed her wrist, hugged her tightly in his arms, and said softly: "Little obedient jealous? Well, I'm not trying to please her. If you want to please, you will only please me to kiss the little baby Yanran alone. ”

The eldest grandson Yanran burst out laughing and slapped him: "You say, is what I said right?" ”

"Yes!"

"Then you don't support me but support her, what is it if you don't please her?"

"I just think that since there is no explicit legal provision for this kind of case, why should it be so serious? This Li San's grandfather was killed, and he has already suffered mental trauma, if he is held accountable and punished for the things in this case, isn't it too harsh? This Li San is cowardly by nature, and Wang Lao Wu is a bully, if he doesn't report it, he is afraid that Wang Lao Wu will retaliate against him, not that he really doesn't want to avenge his grandfather. Therefore, we can let this case go. Princess Yang said well, the law is dead, people are alive, and it is necessary to use the law flexibly according to the principle of etiquette to achieve fairness and justice. If it is not fair and just to impose penalties in accordance with the provisions of the law, then it is time for us to apply the law flexibly. ”

Eldest Sun Yanran pondered for a while, and her originally tense face finally slowly relaxed, reached out and hugged his neck, and said, "I understand." You are right. With that, he offered a fragrant kiss.

Evening.

After dinner, because it is a county seat, there is nothing to play, and the eldest grandson Yanran and Xiao Jiading are going to have a private meeting at night, so they go back to their rooms to rest after dinner.

Xiao Jiading was not used to sitting or lying down after eating, he strolled out of the door, preparing to take a walk on the street, and then go back when it was dark to wait for the eldest grandson Yanran to come and meet.

The county town is very small, and it is almost dark, so there are not many people on the streets.

Suddenly, he heard a familiar voice coming from a hotel on the side of the street: "Later, if you find that the momentum is not right, you will do what we agreed, and don't care about any righteousness!" ”

This voice is too familiar, it turned out to be the big devil Heim guy in the East China Sea!

She's alive?

Xiao Jiading subconsciously turned his face, and sure enough, he saw Heim sitting at a table in the hotel lobby, talking to a short and fat man. She seemed to feel Xiao Jiading's gaze, and immediately turned her face to look. Seeing that it was just a strange scholar, who seemed to be looking for something to eat, his eyes had already fallen away, and he was looking at the seats in the hotel, so he turned his face and ignored it.

Xiao Jiading secretly called luck in his heart, he used oil paint to paint his face, so he didn't let this Heim guy see the real face, as long as he didn't speak, the other party must not be aware that it was him.

He walked in slowly and sat at a table not far behind Heim, the shopkeeper came over to greet and ask what to eat, Xiao Jiading didn't dare to speak, although he had said it in his throat before, for fear that the cover up would not be good enough and the other party would hear it. So he just pointed to the big bowl of noodles on the recipe hanging on the wall. The shopkeeper was also accustomed to the poverty and sourness of the scholars, and he didn't think it was strange, so he nodded and shouted at the kitchen inside: "A big bowl of noodles!" ”

Xiao Jiading looked at the gradually darkening street outside casually, and the corner of his eye paid attention to the Heim Guy and them, and listened with his ears pricked up.

Their voices were very soft, and if it weren't for Xiao Jiading's strong internal strength, they wouldn't have been able to hear it at all. I only heard the Humpty Dumpty man whisper: "The devil forced the senior sister to ask for the fairy fruit, and the senior sister had already told her that the four fairy fruits were snatched away by the Heavenly Supreme, and the rest were in the hands of the gang of people from the capital, but this big devil didn't believe it, it was really too deceitful!" Does she really think we're scared? (To be continued......)