In the second hall of the governor's office.

Niu Baishi and the others listened to Hai Rui's high theory, and couldn't help but smile bitterly: "What Zhongcheng said is right, but the hometown has its own reasons for the hometown's wishes." Diao Min's lawsuits are only willing to make cheap and unwilling to suffer. If they can't make any money, they will definitely continue to make trouble. If you can't win in the local area, you will sue the government and even Nanjing, which will be a big trouble. ”

"You call the head of the pipe careless!" Although the lawsuit can be stopped for a while, it is actually corrupting the people's morals and encouraging the people to complain! Hai Rui shook his head categorically and said:

"Those Diao people see that they are obviously unreasonable, but they dare to mess around, and they can actually make half of the profits. As long as the other party makes trouble, he will offend half of it, and he will be glad to find that he can make a profit by suing him. They figured out the mentality of the government 'and the mud', and naturally flocked to it, so there was the evil result of thousands of people suing together! ”

When everyone heard this, it turned out that Haigong knew very well that many of the people who came to sue were Diao people who wanted to fish in troubled waters!

"Therefore, only an unambiguous and fair judgment in accordance with the law, so that the people of Diao are unprofitable, can we curb the phenomenon of suing Diao and reverse the popular customs of treacherous and litigious people in Jiangnan!" I heard Hai Rui continue: "In this way, it will not take too long, and the number of speculative lawsuits will be greatly reduced." ”

"Zhongcheng is wise." Everyone hurriedly praised in unison, no matter what the effect was, at least it sounded quite reasonable.

Of course, it has an effect, because this is the famous 'Hai Jui's theorem one' in the later legal circles!

~~

Hai Jui continued to preach to his subordinates:

"However, as Committee member Wang said, even if the two parties are in possession and the five hearings are heard three times, it is inevitable that there will still be some cases that are difficult to decide.

The so-called 'two haves' means that both the plaintiff and the defendant must be present when the court is passed.

'Five hearings and three interrogations' is a means of adjudicating cases other than punishment.

Those who listen to the "five things", "look at their words, if they are not straight, they will be annoyed", "look at their color, if they are not straight, they will be confused", "look at their breath, if they are not straight, they will breathe", "watch their ears, if they are not straight, they will be confused", "look at their eyes, and if they are not straight, they will be at a loss", which are five kinds of listening, listening, listening, listening, and listening.

As for the three interrogations, it means that one side should not be heard, and the testimony and evidence of the original defendant and witnesses should be heard.

In addition, torture may also be used in criminal trials. However, civil cases are usually not punished, so if you hear three times without any results, you will basically be blinded......

Everyone hurriedly nodded, in fact, under normal circumstances, most cases are still very easy to hear, and the merits are clear at a glance. Time is actually wasted on and thin mud, as long as the judgment is impartial, it is effortless.

What is really a waste of time are those cases where the mother-in-law says that the mother-in-law is reasonable, the public says that the public is reasonable, and the age is old and it is difficult to obtain evidence. No matter how these cases are decided, it is reasonable, but no matter how they are decided, everyone will not be satisfied. In order to get the plaintiff and the defendant to reach a compromise, the presiding judge spends several times the time and energy, and it is often not good.

"I don't know what Zhongcheng thinks about this?" Niu Yanshi and the others hurriedly asked.

"This kind of duality litigation should be treated differently according to the type of case." Just listen to Hai Rui's voice like Hong Zhongdao:

"Whoever is able to sue on both sides of the lawsuit, it is better to give in to his brother than to his brother; Rather than bend to his uncle and nephew; Rather than bend to the poor, it is better to bend to the rich; Rather than be stupid, it is better to be stubborn. ”

After a pause, he said word by word: "Things are fighting for property, rather than succumbing to the small people, rather than succumbing to the villagers, in order to save the evils; Things are arguing about appearance, rather than succumbing to the eunuchs, rather bending to the small people, in order to survive! ”

This is the so-called 'Hai Jui's theorem II'.

Experience shows that the party with a higher social status tends to have more economic assets. The lower social status is often the poorer as well.

Therefore, Hai Gong proposed that in the economic dispute between the two parties, the party with low social status should be taken care of; However, in the dispute between the two sides, the party with higher social status should be taken care of.

I only heard Hai Rui explain in a deep voice: "The damage caused to the rich by awarding ten taels of silver to the poor is less than the damage caused to the poor in the opposite judgment. The poor get ten taels of silver, and one more family in Jiangnan can feed and dress for a year. The rich man received ten taels of silver, which was not enough for him to pay for a meal. Therefore, when there are two possibilities, it is more beneficial for the Ming Dynasty to award the property to the poor. ”

"And the imperial court depends on the squires to maintain the rural people, so damaging their reputation is more adversely harmful to the imperial court than harming the small people. Therefore, in the case of both, the dignity of the squire should be maintained as much as possible. ”

After Hai Rui finished speaking, he looked at the crowd: "To put it bluntly, give the poor people a lining, and give the rich a face." But remember that it is under the premise that the judgment is impartial, and it is still ambiguous. What do you think of the end of what this hospital has said? ”

"Zhongcheng Gao, we are happy and convinced." Niu Baishi and others were dazzled, and they couldn't help but praise it. Xinshuo Haigong not only has strong practical ability, but also has a high theoretical level.

"Then do it." Hai Rui patted the case and said: "Retire!" ”

~~

After the subordinate officials retired, Niu Yan stepped forward and said softly: "Zhongcheng Gao's theory is really like an enlightenment, but the lower officials are thinking about it, and they still feel that it is a little easy to provoke discussion." ”

Ever since Hai Gong asked his Taifu, Niu has regarded himself as a confidant.

"How?" Hai Rui used a little time before the opening of the hall to wash his face with cold water to keep himself awake.

I saw him take off his official robe, wear only a snow-white middle single, soak the cold well water with a cotton towel, and then apply it to his face.

It's shivering to look at.

Niu Shishi shuddered and said: "Zhongcheng said that it was for the small people and the squire's face." But we have calculated, eight or nine times out of ten are property disputes, and there are not many of the remaining one or two percent of the small people arguing with the squire. ”

"There are still some." Hai Rui took off the cotton towel on his face and said refreshedly: "Yesterday, this court tried a case. ”

"Uh......" Niu said in his heart that this is not a lie, and he hurriedly said softly: "That's also pitiful." On the contrary, in the case of property disputes, because of the old age or lack of evidence, there are a large number of cases that cannot prove the original property rights, so the situation of making profits for the small people will often occur. ”

As he spoke, he lowered his voice and said, "Therefore, it is difficult for the squires to think that Zhongcheng is a bowl of water. I'm afraid that I will still say that Zhongcheng intends to wronged the squire. ”

"If you like to talk, let them say go." Hai Rui said indifferently: "Compared to the grievances that the small people have suffered for many years, it is not worth mentioning at all." ”

Niu couldn't help but smile bitterly secretly, Haigong really made up his mind to hoe the strong and help the weak.

~~

With Hai Rui's guidance and supervision, the nine interrogators began to riveting the case.

After working overtime, he finally completed the daily tasks assigned by Haigong.

ps. The 'Hai Jui Theorem' on the "XX Fifteen Years" is taken out of context, and only a part of the second theorem, that is, the six differential protections. There is no theorem one, it is good to say, it may be that the author is not proficient in learning. However, theorem 2 also lacks an important premise, that is, 'only on the premise of having two types of lawsuits, five hearings and three hearings, and still having two lawsuits, will use those six differential protections to judge the case', so I don't know what the intention is.