Chapter 507: The Spirit of the Law

When Shi Wei came back from Futian Courtyard, she saw the "Song Xingtong" piled high on Su You's table and the "Shu Zhu" which was higher than the "Song Xingtong" on one side, and said: "Such a pitiful girl, the court Can't you let her go?"

Su You patiently explained: "Wei'er looks down on people too much. If we let her go, we must have a legal basis. The princes of Sima couldn't argue, and the censor Zhongcheng Teng Fu still wanted to request another selection of officials to review the decision. The censor Qian Kai also The petition requested that Xu Zun be dismissed from his official position in Dali. His Majesty also issued an edict to send the case to Hanlin scholars Lu Gongzhu, Han Wei, Zhizhi Gao Gongfu and Qian Gongfu for review."

"The opinions of Lu Gong and others were consistent with that of Jie Fu Gong, but judges Qi Hui, Wang Shiyuan, Cai Guanqing, etc. also disagreed, so the officials ordered everyone to discuss it together and study this difficult case repeatedly."

"From the perspective of case jurisdiction, this case has gone through extensive and repeated discussions and refutations by many judicial agencies and officials such as the state government, the three departments, the two systems, and the two governments, which exactly reflects the perfection of our system in handling difficult cases. and conceptual attention.”

"Human life is of the utmost importance, and no one can be too cautious. At least so far, when everyone discusses specific issues, they adhere closely to the legal text in terms of content, and the procedures are also based on the level of the judicial department. They are completely based on the facts. This is also true. It reflects everyone’s respect for and compliance with the laws of the imperial court.”

"This shows that our country's legal system has developed to a relatively standardized, complete and systematic level. This is a good thing. Such discussions can only be too little, not too much."

When Su You said this, he suddenly became stupid and thought of Pu Yi.

I actively participated in the discussion of this matter. How is it different from Sima Guang, Ouyang Xiu and others who were involved in the discussion back then?

Later generations only saw the dispute between the two sides during the Pu Conference and thought it was ridiculous and nonsense. However, in the eyes of Song people, etiquette and law were far more important than the Ayun case. The heated discussion and dispute were more important than the Ayun case. It's also natural.

Thinking of this, Su You couldn't help but burst out laughing, and even Pu Yi began to understand. He was really becoming more and more like a Song Dynasty person today.

Shi Wei curled her lips and said: "I don't understand this, but as the saying goes, the law is nothing more than human relationships. Is there nothing excusable in Ayun's case?"

Su You suddenly woke up and jumped up: "Yes! Duke Jiefu and Duke Junshi were discussing the provisions clearly stipulated in the law about whether Ayun surrendered, whether it was consistent with the crime he committed, and whether he could be exempted from it. They all started from their respective arguments and did not jump out of the box of discussing the matter! Everyone has forgotten the spirit behind the law!"

"In fact, in the practice of sentencing cases, surrender is applicable to 'murder with injury' other than robbery, and surrender is used as a mitigating circumstance in sentencing. This is undoubtedly in line with the original intention of the surrender system! It is also in line with the judicial spirit of cautious use of punishment. !”

"Hahahaha, Wei'er is truly worthy of Xuwei Xianqing. Her wonderful teachings are made in heaven. These words can wake up the dreamer! I know how to write the memorial!"

That night, Su You drafted his own memorial regarding the case.

First of all, are there any mitigating circumstances in Ayun's case? Obviously, there are.

Secondly, are the laws cited by Sima Gong and Dali Temple correct? Obviously, they are correct.

An Shigong's explanation is obviously a misinterpretation of the doctrine, and of course it is flawed.

But this does not mean that I support Duke Sima against Duke Jiefu.

The reason why this case has attracted such great controversy is that it is obviously unfair to Ayun to use existing laws and regulations to conduct a correct trial!

So what is the problem? Obviously, the essence of the problem lies in the flaws in the current legal provisions themselves!

Where are the flaws?

First of all, the article quoted by Sima Gong, "If there is harm to others, it is not a case of surrendering", which obviously does not apply to the Ayun case!

Wei Da lay there and let her kill him, but he was not killed by more than a dozen blows. Whether it was a problem with the person or the weapon, this showed that the person involved did not have the ability to kill at that time!

Secondly, for the crime of "marrying against the law", the subject of the crime is unclear.

Ayun is an orphan, ignorant, and the real culprit of this crime should be the uncle who got her engaged, not Ayun herself!

Even if Ayun had agreed before, the purpose of going back was just "too ugly", but at least it showed the attitude of the person involved. She was opposed to this marriage! Even if it cannot be regarded as a crime of "marrying against the law" The subject, at least not the main criminal subject! This crime should not be borne by her, or in other words, it should not be borne entirely by her!

The third question is whether surrendering after "murder has resulted in injury" qualifies for a reduced sentence!

If someone turns himself in after committing murder, the crime of theft he committed can be pardoned. Although there is no law that clearly stipulates Ayun's situation, we can draw conclusions through comparison.

In the Ayun case, Ayun was unwilling to marry Wei Da, especially when the marriage was still illegal. The motive of his crime was obviously lighter than theft, and the consequences of his crime were so minor.

Therefore, even if the law does not expressly stipulate it, it should be considered that Ayun's surrender, compared with surrendering after robbery and murder, meets the conditions for exempting him from the "crime for which he committed the crime"!

These are actually flaws in the legal provisions. In the Ayun case, a special case where fairness cannot be maintained using existing laws, how should the judgment be made?

I believe that the most important thing at this time is that the verdict must reflect the spirit behind the law and be able to maintain and guide the authority and justice of the law without harming it.

What is the spirit of the law? It protects everyone's legal rights, advocates fairness, maintains social stability and order, and guides everyone to do good and abandon evil. In any case, it is never punishment for the sake of punishment.

In other words, the law is nothing more than human relationships.

When the basis for deciding a case is clear and legal judgment can be invoked, it must be resolutely implemented.

However, when the law cannot make a judgment and causes such a big controversy, the only way is to make a judgment that the majority of people think is fair based on the common good in human nature.

This is the most fundamental meaning of the existence of His Majesty's decree, and it is also the only reason why the emperor's decree can interfere with the law!

Your Majesty's will should not interfere with the judiciary in normal times. Only at such times can it play a positive role!

Therefore, your Majesty is requested to uphold the judgment made by Dali Temple based on the existing laws to maintain the authority of the laws of the Imperial Song Dynasty, but at the same time issue an order to reduce Ayun's crime and take into account the rationality of the judgment.

The most important thing is that the relevant laws and regulations should be adjusted according to this case afterwards, and the ambiguities in them should be clarified so that the legal department can have something to rely on in the future. When encountering such cases in the future, they can make correct judgments without the need for His Majesty's orders.

This memorial is completely in line with Su You's style, seeking truth from facts, being reasonable, and having a higher vision than Sima Guang and Wang Anshi. It skillfully distinguishes and opposes legal provisions and legal spirit to resolve disputes.

It seemed like a discussion that had nothing to do with political stance, but many people in the court immediately saw the differences between Sima, Wang and Su.

This memorial is actually a declaration of Su You's political stance. If Sima Guang is a conservative and Wang Anshi is a radical, Su You is not attached to any party and is a moderate reformist!

In April, Zhao Xu issued an edict to encourage the people of Dali Temple to adhere to their principles. At the same time, he also issued an edict to Xu Zong, affirming his insistence on upholding the spirit of the law.

The Dali Temple verdict was declared valid, but at the same time, Ayun was ordered to be reduced to second-class crime, from hanging to prison.

If there is any flaw in Su You's memorial, it lies in the fact that he made such a big deal, and ended up inexplicably siding with Zhao Xu!

He implicitly accuses Wang Anshi of adhering to the Holy Will, but in fact he himself is the greatest Advocate of the Holy Will, okay?

However, compared with Wang Anshi's struggle to find reasons in legal provisions, Su You's method is obviously superior.

Now Taijian itself is divided into two factions regarding this case. In addition, Tang Tietou's huge influence in Taijian and Sima Guang, another big brother of Taijian, did not feel any harm from Su You's memorial.

I even vaguely felt that Su You had spoken his mind, refuted the absurdity of Wang Anshi and Xu Zun, and upheld the dignity of the law.

In addition, this memorial gave a high-level explanation to the emperor's operations. Therefore, Tai Jian did not make a sound this time.

This is generally how it works to convince people with reason.

In fact, Wang Anshi himself didn't think there was anything wrong with this memorial, because Su You finally mentioned his innermost desire to reform!

However, Wang Yu became very angry and believed that Su You was a treacherous person who had trapped his father into unjust passiveness and robbed the emperor of his good impression. He threw chess and smashed bowls at home to express his sworn hatred.

Su You didn't care about this, so he directly issued a second memorial, striking while the iron was hot, demanding that the verdict of this case be written into Song Xingtong's "Explanations" and the emperor's "Edict" as a legal interpretation.

Su You also proposed to record the ins and outs of this discussion in "Shu Zhu", and emphasized that this was the joint crystallization of the collective wisdom of the three departments, two systems, two governments, and Taiwan's admonitions, and was a welcome progress in the laws of the Song Dynasty.

The big guys all thought that this arrogant boy who didn't take credit was very capable and very humble, and they had no idea that Su You was taking measures to prevent future troubles.

According to unofficial history, after Sima Guang became prime minister, he reversed the Ayun case. It is said that many years later, he re-arrested Ayun, who had already remarried, and beheaded him.

Although Su You did not believe in double punishment for one crime, it was unreasonable in terms of Song Dynasty legal theory. As a conservative and a staunch supporter of the established provisions, Sima Guang would not act in this way.

But since there is this legend, future troubles must be guarded against.

The mud finally made it through.

However, things happened again, and there was an edict: "The commanders of the road, the supervisors, and the two systems, knowing that the censors have come, each of them will use their bravery and strategy to envoys and two envoys from the third group."

Su You didn't even have to think about it. Now he had many warriors in his pocket, but because they were all too young, he didn't recommend any of them.

He only chose two people who were not close to him at all, Liu Changzuo and Gao Yongneng.

Liu Changzuo had a close relationship with Su You. He was famous for his majestic appearance, proficient in the art of war, especially good at riding and shooting, and could penetrate the Yangtze River with a hundred steps.

His father Liu He died in the Battle of Dingchuan. In honor of his father's honor, Liu Changzuo was recognized by the imperial court as the direct master of the Youban Palace, and later moved to patrol the West Road. Now he is forty-six years old, and he is serving the Liao team of his clan brother Su Song.

There is a security company inside.

I have never even seen Gao Yongneng and Su You. He is already fifty-five years old, and he is still a subordinate of Zhong E, and he is unknown.

In the battle of Zhong'e to defend Suizhou, Gao Yongneng led an army of 6,000 as the vanguard and won five out of five battles. Not only did he not receive any reward afterwards, he was almost beheaded by the Lu Zhuan envoy.

When Zhong E was in prison, he was also imprisoned. It was Su You who wrote to Han Qi and saved his life.
Chapter completed!