"Last night, I caught the gamblers who participated in the gambling game, and Tong Qilang, another big local household, was also there, and I heard that he was a frequent visitor there, so he went to gamble every once in a while. Pen "Fun" Pavilion www.biquge.info"

Xu Ping smiled when he heard this: "That's not right!" The two big families were arrested together, and Heyin County was also a lot quieter! ”

"There are two things about Tong Qilang that Xia Guan can't think clearly. One is the porcelain made at his home, and the lower officials just learned that it was actually supplied to some restaurants in the capital, imitating the wine container to be made at home, needless to say, it was used to make fake wine. The other is even more tricky, although he often participates in gambling games, at most he only has the usual gambling money, and he stops when he loses. The gamblers who participate in the gambling game have always been bounded by the consistent, and no more than the cane punishment is not enough, and the rest is no longer asked. Tong Qilang did this, and the lower officials thought that he did it on purpose, so as not to suffer a lawsuit himself. ”

"What?" Hearing this, Xu Ping suddenly became serious. There have always been people in the capital who sell fakes of Xu's liquor, which Xu Ping knows, but he has not been careful to investigate.

The fake wine of this era is only shoddy, and after all, it is still made of grain, and people can't die when they drink it. The sales market of Xu's liquor is basically fixed, and the fakes are not robbing their own business, but the business of other liquors, and they can also expand the liquor market, so Xu Ping is too lazy to care about them. Unexpectedly, the wine container for the fake wine was made by this Tong Qilang, and it bumped into his hand inexplicably. Heaven and not take it, but suffer the blame, since he bumped into it himself, Xu Ping has no reason to let him go easily.

Seeing Xu Ping's expression, Li Shen breathed a sigh of relief. What he is most worried about is that Xu Ping is in Heyin County, but he does nothing about this big case that happened, ignores it, and in the end, if there is a mistake, he will come out and find faults. With so many people involved in such a case, how could it be done flawlessly, and fault can always be found. That would be a troublesome thing not only for Li Shen, but also for the officials involved in the entire Mengzhou. With Tong Qilang's matter mixed in, Xu Ping is not as concerned as he is now, and he will say a few words when he is interested, and leave it alone if he has no mind.

After thinking for a while, Xu Ping asked, "Have you found out, what Tong Qilang's cellar is really a wine container that imitates the liquor at home?" I know someone makes this kind of thing, but I never know where it came from. ”

"It's true, in fact, many people in this local area know that the gambler caught last night is also the owner of the ship who came to pull porcelain to Kaifeng Mansion. Tong Qilang's cellar mouth is hidden in the mountains, and it is close to the bank of the Yellow River, you can get on the boat from the Yellow River to Biankou and turn to the Bianhe River, all the way to Kaifeng Mansion by water, which is very convenient. ”

"This thing is a little interesting." Xu Ping put the book down, stood up and paced a few steps. "Judge Li Tong, how do you think such a thing should be handled?"

"To be made, do you mean that Tong Qilang makes counterfeit porcelain?"

"Yes! He doesn't break the law by making porcelain, but the person who buys porcelain pretends to be my wine and sells it, which can be roughly regarded as defrauding officials for private gain, and is guilty of the same crime as thieves according to the law. Then you say, how should this Tong Qilang be judged according to the law? ”

Li Shen hesitated a little, thought for a while and tried to say, "Is it possible to take it from the knowing?" ”

Xu Ping smiled: "He's not taking, he's selling!" This Tong Qilang is not simple, everything is counted in front of the government, and even the laws are so clear! Li Tongju, you have to be careful, don't be tricked by a porcelain-burning minor. This incident, coupled with the fact that he only carries the same amount of money every time he participates in gambling, is deliberately taking advantage of the loopholes of the law, and he does not want to be severely punished. You have to think carefully about how to deal with it, otherwise you will be laughed at by the people! ”

Xu Ping was interested in the fact that he suddenly found that it was not easy to punish counterfeit loans in this era. Although it can be regarded as a crime of defrauding officials and private property, according to the theory of thieves, if you think about it carefully, this is not reasonable.

A large number of other crimes in the "Tang Law" will indicate the extent to which they are the same as thieves, and they are still punished according to the principle of controlling thieves. It is reasonable to count all economic cases as criminal cases when business is not developed, and simplify the laws and regulations, but it is unreasonable to do so when business is prosperous.

There are countless unclear violations of laws and regulations in commercial activities, and if they are all treated as criminal offenses, it is not only a matter of excessive punishment, but also a protracted trial, which will inevitably affect the prosperity of commerce. However, the laws and regulations have not been changed, and they do not dare to quickly try and adjudicate. Once there is a mistake, it cannot be undone, and the officials who try it will inevitably be restrained when they will be held accountable.

It seems that if business wants to develop normally, there must be appropriate laws and regulations, otherwise there will be chaos after all. At present, it is only the three divisions that make their own efforts, and once the non-governmental business behavior is also driven, this problem will be prominent.

Li Shen just felt that Tong Qilang's case was difficult to start, so he came to ask Xu Ping. If he wants to be sentenced heavily, there are no applicable laws and regulations, and Li Shen does not have the courage to extrajudicial punishment, and of course he does not have the qualifications and prestige.

Xu Ping has it, and Li Shen just wants Xu Ping to take care of the matter, extrajudicially torture Tong Qilang, and solve the chaos here in Heyin County in one fell swoop.

The law is not dead, after all, it is just a reference, and officials do not have to judge cases in full accordance with the law, as long as your reasons can be recognized by your superiors and the people. For example, in the Spring and Autumn Prison Sentence, extrajudicial punishment is applied on a case-by-case basis, and other cases cannot be invoked in the future.

But in order to do so, the officials themselves must be so qualified that others are speechless.

Like Zhang Yong for Chongyang Zhixian County, the clerk in charge of the treasury came out with a penny, and after being discovered, he shouted to Zhang Yong: "What is the right way for a penny, but a cane for me?" You can stick me, but you can't cut me! "It was stipulated at that time that the crime of theft could only be punished if it was above the standard, and a penny was at most a cane punishment according to the law, and Zhang Yong, as the magistrate of the county, could only be sentenced to a cane sentence of less than a case.

As a result, Zhang Yong left the verdict that has been passed down for thousands of years: "One dollar a day, one thousand days and one thousand, the rope is sawed and the wood is broken, and the water drops are worn by stones." Then he personally beheaded the little official with his sword.

This is a typical extrajudicial punishment, even in the time of Taizong back then, no one thought that Zhang Yong's sentence was legal to make the amount of money stolen to be more than consistent, it was just an excuse. Afterwards, Zhang Yong was not punished for this incident, but everyone recognized his approach. At that time, it was the time when the Jinshi were expanding their recruitment on a large scale and were being reused, and Song Taizong was about to use this incident to establish the status and authority of the Jinshi, and at the same time suppress the officials.

Li Shen'en Yin entered the office, and he was not qualified for extrajudicial sentencing, and he did not have the Mengzhou wingmen below him.

Xu Ping was born as a first-class jinshi, Longtu Pavilion was to be systematized, the marquis of Yongning County, and the holy family was long, and he was determined to deal with Tong Qilang, so he could be like Zhang Yong back then, and he could extrajudicially torture Tong Qilang. (To be continued.) )