White-robed Minister

Chapter 124, page 0122: [The First Case of a Reversed Judgment]

Contrary to everyone's expectations, after Xu Lai officially took office, apart from being quite strict in his demands, he did not make any major moves.

What is Xu Lai doing?

Be familiar with your job responsibilities!

His core job was to draft, review, and issue the daily official documents of Yingtian Prefecture.

When faced with unfamiliar official duties, Xu Lai would consult similar documents left by previous officials and summon the magistrate, judge, and clerk to humbly seek their advice on the precautions for these matters.

Many of the key points were kept secret by the officials, who, for various reasons, wouldn't tell Xu Lai the truth. Xu Lai had to figure it out himself.

Besides official document work, Xu Lai's main job also included "Ju Fen Si," which involved finding appropriate legal provisions based on the "Song Xing Tong" (Song Dynasty Criminal Code) and drafting judgment recommendations for various cases.

He doesn't know much about the "Song Dynasty Criminal Code" and is frantically studying legal knowledge.

Xu Lai entrusted these matters to Judge Wang Ke.

Based on Judge Wang's sentencing recommendation, he went to review the relevant clauses of the "Song Criminal Code" to verify their rationality and to take the opportunity to learn and memorize them.

This is the "entry period," and the focus of work has shifted to supervising agricultural work and formulating summer tax collection plans in advance to ensure the smooth progress of agriculture and agricultural taxes.

During the "entry period," the government will suspend accepting civil cases, such as divorce cases and debt disputes.

The judicial work during this period mainly involved adjudicating criminal cases.

"Summon Judge Wang here."

"yes!"

Wang Ke seemed to possess the ability to teleport, appearing before Xu Lai in the blink of an eye: "What are your instructions, Judge?"

Xu Lai pointed to a case and said, "I have only just begun to study the Song Dynasty Criminal Code and do not know much about the law. I need to consult Judge Wang on matters of criminal justice."

"You're too modest," Wang Ke quickly said. "If you have any questions, I will answer them without reservation."

Xu Lai said, "I have repeatedly reviewed the 'Song Dynasty Criminal Code' regarding this case. I feel that Judge Wang's suggestion may have some points that need to be discussed, so I have asked Judge Wang to come and discuss it."

Wang Ke leaned closer to take a look and realized it was a case he had handled a few days ago.

The case occurred at the end of last year when a resident in Yucheng County illegally expanded their house during renovations. Neighbors believed that the expansion encroached on their homestead boundaries and tried to stop them.

One of them was facing off with a hoe, while the other tried to snatch it. The first person quickly withdrew the hoe to prevent the other from taking it.

His withdrawal motion was to swing the hoe to the side and back, and the blade struck the thigh of the onlooker.

The third person who was watching the commotion died from massive bleeding from a leg artery.

In criminal cases punishable by imprisonment or more severe penalties, the county magistrate is not qualified to make a judgment; he can only conduct a preliminary review and then report the case to the prefectural government. The judicial officer will conduct a review to clarify the facts of the case. The case will then be handed over to the judicial officer, who will propose a sentencing recommendation.

After sentencing for military service, the case is submitted to the court for review.

After the court reviews the case, it is then handed over to the prefect (or governor).

The case has already been sentenced by the judicial officer and the judge of the court. Now that it has been handed over to Xu Lai, he believes that the sentence is too severe.

"Is there anything that needs to be discussed?"

Wang Ke stared at the case for a while: "According to the Song Dynasty Criminal Code - Law on Fighting and Litigation: Anyone who accidentally kills or injures a bystander in a fight shall be punished as a fight-related killing or injury; if the death results, the punishment shall be reduced by one degree. If a fight-related killing or injury results in death, the punishment shall be reduced by one degree as manslaughter, and the offender shall be exiled three thousand li."

Xu Lai picked up the "Song Criminal Code" but did not turn to the "Laws on Litigation" chapter. Instead, he turned to the relevant clauses of the "Miscellaneous Laws".

Xu Lai pointed to the miscellaneous legal provisions and said, "The two parties in this case did not fight. They only had a verbal argument. One party brought a hoe out of anger, but did not use the hoe to hit anyone."

"There was no physical contact between the two sides at all. When one side tried to grab the hoe, the other side would step aside and take the hoe back to prevent the other from grabbing it."

"After the hoe accidentally injured someone, both parties involved stopped arguing, immediately provided first aid, and reported the incident to the authorities."

"How can this be considered a fight?"

"The sentence should be determined according to the Miscellaneous Laws of the Song Dynasty Criminal Code, and the offender should be sentenced for manslaughter. Three years of imprisonment is sufficient; there is no need for exile three thousand li."

Wang Ke had memorized the "Song Criminal Code" so well that he knew Xu Lai's words were true without even checking the relevant clauses.

However, when the judicial officer was sentenced for "manslaughter in a fight," he subconsciously thought that was the right way to do it, without carefully considering whether it actually constituted a fight.

Depending on the circumstances at the time of the incident, it could be classified as a fight, or it could not be classified as a fight.

Actually, there are no problems.

Wang Ke was afraid of displeasing Xu Lai, so he dared not contradict him, but he was very unhappy. He considered himself very familiar with the law, while Xu Lai was just a beginner.

He felt ashamed and found it hard to accept that his sentence had been overturned by a novice.

Wang Ke couldn't help but say, "This is how judicial officers are sentenced, and we in the court generally don't overturn the decision of the judicial officer."

"It's not about overturning, it's about refuting and correcting!"

Xu Lai said sternly, "If everything is handled according to the law, what's the point of having us in the court? Both parties in this case are good people who never intended to fight. They didn't even have any physical contact. After the accidental injury, they immediately helped the injured person and reported the incident to the authorities."

"If a lighter sentence can be given according to the law, why insist on a heavy one? Moreover, the man who committed manslaughter did so out of anger because his neighbor encroached on his land boundary. He had a reason for the incident and did not actually participate in the fight. If he is exiled three thousand miles away, his entire family will be ruined."

"It would be better to give him a lighter sentence and make him pay more compensation to the victim's family. That way, the victim's family can also benefit. The deceased also bears some responsibility. Others were arguing with weapons, and he did nothing to stop them but just watched. Watching is one thing, but standing so close that the person who accidentally killed him had no idea he was standing behind him."

Xu's words were reasonable and lawful, and Wang Ke could no longer refute them. He could only agree, saying, "The judge's insight is astute as ever; I admire him greatly."

This is the first case that Xu Lai has overturned since he became an official.

Two days later, Gong Dingchen, who had officially taken office, received Xu Lai's rebuttal.

Gong Dingchen smiled and said to his subordinates, "Judge Xu's arguments are well-founded, his judgments are fluent, and what's more, he's reasonable and understanding. This is how one should govern the people and handle cases!"

Everyone praised it.

Damn it, who dares not praise it? Prefect Feng Zirong is still handling the handover.

That evening, Gong Dingchen invited Xu Lai out for drinks, and his son Gong Fugui also joined them.

Xu Lai could tell that Gong Dingchen wanted his son to befriend him. This was Gong Dingchen's fourth son, who held a nominal official title but would have to wait several more years to obtain a real position.

After exchanging greetings, Gong Dingchen praised, "Xingzhi seems to have mastered his duties. He handled that manslaughter case very well. The law should not be divorced from compassion. Why exile someone for manslaughter? If this person is exiled, his entire family will be plunged into poverty. The family occupying his land will also feel guilty and be gossiped about by their neighbors. The murderer's family will also incur enmity with the victim's family. It would be better to impose a lenient sentence and more compensation, which would benefit all three parties."

Xu Lai said, "I am still studying the Song Dynasty Criminal Code, and I am not as good as the legal officers and judges. Their mistakes were temporary, while mine were temporary gains."

"Very good. It's rare to find someone who avoids arrogance and impetuosity," Gong Dingchen said to his son. "Learn from him."

Gong Fugui quickly replied, "I will heed your teachings, sir!"

After chatting for a few more minutes, Gong Dingchen suddenly asked, "Did Xingzhi read yesterday's official gazette?"

"I've read it," Xu said. "What Imperial Censor Jia said is quite right, but I think it's only treating the symptoms, not the root cause."

Gong Dingchen was both amused and exasperated.

He wanted to talk about Pu Yi, but Xu Lai avoided the topic and instead discussed Jia An's memorial regarding recommendations.

The Puyi Conference has begun!

This wasn't initiated by Zhao Shu; it was Han Qi who was continuously pushing it forward.

As early as the beginning of Zhao Shu's personal rule, Han Qi proposed to discuss the matter of the title of Prince of Pu.

On the contrary, Zhao Shu appeared more composed. In order to reduce the resistance to posthumously honoring his biological father, he took the initiative to postpone the discussion until after the second anniversary of Emperor Renzong's death.

Now that the second anniversary of Emperor Renzong's death has passed, Han Qi is eager to bring up the matter again.

Initially, only officials of the two ranks (Hanlin Academicians and Secretariat Drafters) and above were allowed to participate in the discussion. Within just half a month, the group involved expanded to all officials. And it even made it into the official gazette!

What is Han Qi trying to do?

To reorganize the court, consolidate power, and pave the way for reform!

They rose to power by leveraging the power of their censors to overthrow the prime ministers. Now that they are prime ministers themselves, they find that to implement reforms, they must reduce the power of the censors.

Even setting aside the reforms, if a prime minister wanted to implement a certain decision, he would be hindered by those censors.

There can be no reform without centralizing power.

As a local official, Xu Lai shouldn't get involved now. Even if he wanted to, now isn't the time; he should wait until things escalate to a fever pitch.

He paid more attention to Jia An's memorials in the official gazette.

Jia Pei said: "Currently, just counting the officials in the capital, there are more than 2,800. The number of officials waiting for vacancies in the capital is already more than 250 (excluding the newly appointed Jinshi).

He added that in Emperor Renzong's early years, officials could be recommended at will, but only a few dozen people were promoted each year through assessment. Later, the assessment standards were raised and restrictions on recommendations were added, but the number of people promoted gradually increased.

In the past decade, restrictions have been placed on the recommendation of local officials, stipulating that a prefect (or governor) can recommend a maximum of five people per year. Now, only the local chief official has the right to make recommendations, but the number of people waiting for vacancies and reassignments has skyrocketed.

Jia Pei attributed the problem to the abuse of the recommendation power. If the chief official did not use up all five slots, it would affect his performance evaluation, and the officials below him also felt that the chief official was making things difficult for them.

Therefore, Jia Pei suggests that the number of talents recommended should no longer be included in the performance evaluation. Recommend talented individuals if you have them, and don't push for them if you don't; don't force it just to reach a certain number.

The imperial court approved Jia An's proposal.

Xu Lai strongly agreed with this move.

Because the previous regulations were so outrageous, local officials, in order to appease the imperial court and maintain unity among their subordinates, were forced to recommend five "talented individuals" each year. Not recommending anyone was unacceptable; failing to meet the quota would be considered a failure by the imperial court.

In recent years, although Han Qi hasn't made any major moves, he has actually been making various minor adjustments.

For example, the Tongpan, as a deputy, can no longer recommend talented individuals. The Zhuanyun Shi (transport commissioner) can recommend talented individuals, but the Zhuanyun Panguan (transport judge) cannot.

The power of recommendation was restricted to the chief official.

This month, further adjustments will be made, and talent recommendations will no longer be included in performance evaluations.

After returning from drinking at Gong Dingchen's house, Xu Lai continued his daily work. He spent most of his time studying and did not rashly reject official documents from subordinates or other departments.

May arrived in the blink of an eye, and Xu Lai began to receive letters one after another.

Most of the messages were private letters from fellow graduates of the imperial examination, informing Xu Lai that they had been transferred to certain posts outside the capital.

After the third-class Jinshi (successful candidates in the highest imperial examinations) were appointed, it was Yang Shu's turn to be in the fourth class. Only the fifth-class Jinshi were required to remain in office for one year according to regulations.

By befriending Ouyang Bian and asking Ouyang Xiu to speak on his behalf, Yang Shu obtained the substantive position of Registrar of Baoji.

People from Guangdong arrived in early June.

Besides Bu Chao, there were two other servants from the Yu family.

And the maid Yu'er —

Yingtianfu City, South Gate Wharf.

Yu'er reached into her bosom and squeezed the sachet she had just made, her upturned lips barely concealed.

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