Chapter 38 Reasonableness and Lawfulness

Xiao Jiading rolled his eyes, and he knew what was going on, it must be Du Erniu's grandfather Du Dayin who told him that he was going to buy a house. This townsman is here to give gifts in this name.

A house worth 120 yuan is equivalent to 600,000 yuan! Now it's only 50,000 yuan, which is less than one-tenth of the price, which is too cost-effective, right? If you don't buy it, you're a fool!

Wait a minute! Xiao Jiading thought to himself, why did he want to sell a house to himself at such a cheap price, and it wasn't because he had Tang Lin behind him? Although it is rumored outside that he is Tang Lin's cronies, he actually doesn't know anything about what kind of person Tang Lin is, and he doesn't even know who he is. If he is a corrupt official, then it will not be much of a problem for him to buy this low-cost house cheaply, if he is a clean official, and he is jealous and hateful, and hates corruption, he is afraid that he will kick himself away immediately, and even step on it. In that case, the future will be all in vain.

If you make a mistake, you will lose all the games, and you can't make such a stupid move. If you are greedy for small gains, you will probably suffer a big loss. As long as you climb the big tree of Tang Lin by yourself, are you still worried that there is no "money way" ahead?

Thinking of this, he squinted at this Lu Xiangzheng again, his small township actually has such a big mansion, and it can be sold to himself almost as a gift, which shows how rich this township should be. Relying on the labor and food silver of other townsmen alone can't be repaired by killing, I'm afraid that it is very likely that they are greedy for how many people's fat and people's ointment! If such a person sends you money, I am afraid that he will immediately take advantage of you, and then disaster is not far away.

Thinking of this, Xiao Jiading immediately put on a straight face, and said solemnly: "Tell you, I am an honest person, not greedy or corrupt, don't do this in front of me!" "With that, I'm going to leave with my hands behind my back.

Lu Xiangzheng was obviously stunned for a moment, his face was a little red, his eyes rolled, and he hurriedly caught up and smiled: "If Xiao Zhiyi thinks it's expensive, it can be less." ”

When Xiao Jiading heard this, he obviously thought that he was pretending to be trying to lower the price, so he stood still, his face was like frost, and he learned from the appearance of a senior government official making a report in a modern movie, and said in a serious manner: "It is necessary to engage in these crooked and evil ways!" Homosexuals! With that, he snorted heavily and strode away.

Lu Xiangzheng and Lu Shuren were stunned, they naturally couldn't understand the meaning of the word "comrade" behind Xiao Jiading, and looked at each other.

Xiao Jiading felt a little pain as he walked inside. Damn, seeing five or six hundred thousand wings fly away like this, it's really unpleasant to be a Qing official.

He thought about it again, the reason why he was unhappy was that he was too poor, if he had a fortune now, what the hell did he care about his little money? Speaking of which, it's still poor!

It seems that how to make money must be put on the agenda. Earn as soon as possible and make yourself rich. But how to make money, you can't do something to meet friends with poetry, right? It doesn't make a lot of money, and it's easy to give people the impression of arrogance.

Growing chili peppers? Of course, it will make money, which he is very sure of, but first, there is no place to plant it now, and secondly, to make other people like to eat chili peppers, there must be a process, and this process is only afraid that it will not be short. β€”β€”It always takes guts and time to receive new things, so I am afraid that I will not be able to make a fortune in a short time.

I thought about it all the way, but I didn't think of any good way. Xiao Jiading returned to the signing room of the county order, whether the county order had not come, and there was only the scholar Wen Yan in the house. Xiao Jiading said: "You go to the main book, find out all the files of the case undertaken by Wu Haidong, and show me the verdict inside." ”

After the cases handled by the Yamen Torture Room are submitted for approval at all levels, they are handed over for execution, and the case files must be filed. The management of the archives of this file is the responsibility of the chief bookkeeper of the yamen.

Wen Yan agreed, and was about to go out, but was stopped by Xiao Jiading again, and said in a low voice: "Don't say anything about this matter." ”

"Yes!"

After Wen Yan left, Xiao Jiading began to look at the new case. He didn't want to look at the previous judgment anymore, because he was afraid that if he found something wrong in it, it would be a dilemma, so it was better not to look at it, out of sight and out of mind. Anyway, I've already seen some of them, and I know a little bit in my heart.

He picked up the first case, looked at it carefully, and couldn't help frowning again. This case is very simple, someone rode by the field of the criminal's house, and I don't know what happened to the road, the horse was startled, rushed into the field, and trampled the green seedlings to pieces. The perpetrator was a shrew, and immediately stopped him and made him pay a large sum of money. The man said it wasn't that expensive, but the culprit blocked the way and cried and rolled on the ground. The man was in a hurry, so he had to give it to her. After going back, he felt that he was too wronged, so he went to the yamen to complain. As a result, after the investigation of the errand soldiers, the green seedlings that were also trampled on were far from worth so much money. The money he demanded was converted into five horses. As a result, the messenger arrested the criminal shrew and returned to the yamen for the crime of sitting dirty.

The draft sentence of the scribe of the torture chamber was to be sentenced to 50 lashes for the crime of sitting dirty. The stolen goods are returned to their original owners. Layer by layer, it was submitted to Xiao Jiading.

The crime of taking stolen goods in Tang Law is very peculiar, and there is no corresponding crime in modern criminal law, but it is very similar to unjust enrichment in civil law, that is, there is no legal or contractual reason for obtaining undeserved property. Just like in this case, the shrew's seedlings were trampled on a horse, and she was a victim of infringement and should be compensated, but she asked for more money than she actually lost, and this excess part belonged to stolen goods. to be punished by criminal penalties.

Tang Law also uses criminal punishment to deal with many civil acts, and this crime of taking stolen goods is one of them. The maximum sentence is three years in prison!

There is no problem with the characterization of the case, but the problem is that according to the provisions of the Tang Law, as long as the other party is not forced to hand over more compensation than the loss by means of violence and intimidation, but the two parties reach an agreement on the compensation in private, those who give and receive will be punished. The giver shall be punished with a reduction of five degrees according to the person who received it, and in this case shall be punished with 10 lashes. At the same time, the extra money given belongs to stolen money, and it will not be paid to the official.

Specifically, in this case, there are two mistakes in the handling, one is that only the person who asked for the money was arrested and punished, and the person who gave the money was not arrested. Another mistake is the handling of the stolen money, the judgment is to hand it over to the owner, and according to Tang law, it should not be paid to the official.

Xiao Jiading didn't change it directly, he wanted to exchange opinions with the scribes below as much as possible, so that they could know how to deal with this kind of case in the future. At the same time, the servant had to be caught and spanked by the man who gave the money.

So, he stood up and was about to go to the torture chamber, when suddenly he stood up again, and continued to ponder the case. Isn't this case an unjust enrichment? In modern times, the amount of compensation can be determined through negotiation between the two parties, and there is nothing to pay more or less. Of course, it's unfair to lose too much. In addition, how can this unjust enrichment be confiscated? It should be returned to the original owner. Now, is it necessary for me to change this originally reasonable judgment into an unreasonable judgment that conforms to the laws of the Tang Dynasty?

He sat down again, and thought about what to do with the case.

He remembered that the regulations on the confiscation of stolen money were stipulated in the "Tang Law Discussion", and this game was only introduced two years later, so there was no explicit provision on whether this situation should be punished and confiscated. This sentence cannot be said to be illegal. But what about the previous one? The "Yonghui Law" has clearly stipulated: "Those who are with will be subtracted by five." This means that the person who gives the money must be given a reduced penalty of the fifth degree. What can I do? Really want to grab this poor guy and spank him?

He slowly read the sentence again, and had no clue. He turned the "Yonghui Law" to the part of sitting on the stolen goods to the crime and looked at it carefully. The article reads: "Whoever sits on the stolen goods shall be punished with twenty lashes per foot, and one horse plus one degree; Ten apprentices a year......" Seeing this, I couldn't help but light up in my eyes, and I had a plan in my heart.

He stood up, took the verdict and went to the torture room, called the clerk who was in charge of the case, handed him the verdict, and asked, "You said in the verdict that the offender is worth five horses of silk, right?" ”

"yes."

"According to the price of the volume, it is dirty?"

"According to our Yizhou."

"Well, how much is the price of silk in Yizhou?"

"Six hundred and seventy wen a horse."

"What about the capital?"

"Six hundred wen a horse."

"What about Gangnam?"

"Five hundred wen a horse."

"How do you know that Lu Dao is so detailed?"

The scribe smiled and said, "I have a relative who happens to be in the silk business, and I often listen to him talk, so I know how to do it." ”

"What is the cheapest and most expensive silk in the country?"

"The cheapest is Jiangnan, and the most expensive is Henan and our Jiannan."

"Didn't the imperial court say that the price of silk should be calculated according to which place? Or a uniform rule? ”

"Nope."

"Since there isn't, is it appropriate for you to value it according to the price of the most expensive place?"

"This ......," the scribe scratched his head a little embarrassedly, "that's how it used to be. ”

"Hmmm! Let me ask you again, is the amount of stolen money in excess of the amount lost worth exactly five horses? ”

"No, almost."

"How much worse?"

"It's not like a horse."

"That means it's less than five?"

"Yes!"

Xiao Jiading immediately straightened his face and said, "How much is how much, how can you add more yourself?" ”

The scribe was very embarrassed, and hurriedly said, "Yes, yes! Then I'll change it. It's been re-approved. ”

A smile appeared on the corner of Xiao Jiading's mouth: "Then there is less stolen goods, can't this punishment be so much?" ”

"Yes, forty lashes should be given."