allendalepharm Chapter 129 The Source of Literary Prison
Chapter 129 The Source of Literary Prison
Chapter 129 The Source of Literary Prison
Although Bianjing Law Firm reopened today, its desertedness is enough to break the opening record of any store.
There was only Sima Guang as a guest, the key point was that the old man was still reading a joke.
however.
Today's top topic list is still "Bianjing Law Firm".
It is because the contrast is too great.
After Zhang Fei sought justice for the historians, the Fan family bookstore was once full.
Everyone is looking forward to Fan's tax calculation business.
Because there are indeed too many tricks in this business tax, many government offices are changing ways to collect more taxes.
Especially for those small businessmen, there is too little sense of security. If they go down with the goods, if they are unlucky, they may lose everything.
As for the wealthy businessmen like Fan Yong and Chen Maoqian, they played a different game. What they considered was not justice, but profit.
The higher the expectation, the greater the disappointment.
When the door was opened, he died on the spot.
As the third secretary of the Song Dynasty's most powerful office, he has too many means, even if it is not illegal, it can make your business impossible.
Because the imperial court is the largest merchant, the source of all bulk commodities is controlled by the imperial court.
Who dares not to follow.
No solution!
However, this does not mean that the store cannot continue to open. If there is a grievance, Zhang Fei must be the first choice.
This position cannot be replaced by anyone.
But for Zhang Fei, it is difficult to become bigger and stronger by purely litigating without other legal service support.
Any transaction must be extensive in order to make a lot of money.
Of course, the lawsuit is the most important thing. If you can't get justice, no one will come to you for legal services.
The two are also complementary.
Su Shi's lawsuit is definitely a sweet potato.
Now that Su Shi is very famous in Bianjing, his lawsuit will definitely attract the attention of many people.
It must be treated with caution.
Why Zhang Fei and Xu Zhiqian went home to study the case was not because there was a bed at home, but because the archives department of the law firm had not yet been built, and a large amount of materials were still in Xu's house.
When the two returned home, they immediately began to study.
With the experience of last time, Xu Zhiqian is even more familiar with it this time.
Know how to research.
However, at present, Da Song has no regulations on copyright. All cases are control cases, and they are still related households. It can be said that they are special cases.
Generally, they are officials or well-known scholar-bureaucrats. They feel unhappy about some pirated copies and complain to the government.
After all, their status is here, and the government will usually send Yamen to have a look.
Just be polite and persuade me, don't print it, don't print it, don't flood it after printing it, and make fewer typos.
If you are not polite, you just smashed the printing plate.
Of course, more is to take the opportunity to ask for some money.
After leaving, people will take a copy of it, and it is impossible for those civil officials and scholar-bureaucrats to care about this matter every day.
Su Shi is relatively cautious, as long as he sees it, he will complain.
But this is not even about security control, it is purely for saving face.
The two studied for a whole day and came to the conclusion that if they want to reach the level of litigation in court, the theft law is the most suitable.
But this is not what Zhang Fei wants, nor is it Su Shi's appeal.
It is of course possible to just kill this Jijuxian Bookstore, but what Zhang Fei and Su Shi want is the copyright law.
There is still a big difference between the theft law and the copyright law. The two cannot be completely classified into one category. Doing so will cause many legal problems.
The key point is that the definition of the theft law is too narrow, and it is difficult to fill in the content and give birth to a new law.
After a day of discussion between the two, there was no result.
On the morning of the second day, Xu Zhiqian came to Zhang's house again, and the old man Xu Zun who happened to be at home on vacation followed silently.
As a literati, I am also very interested in this lawsuit.
"I thought of one person last night, and he gave me a lot of inspiration."
Seeing their father and daughter, Zhang Fei said excitedly.
Xu Zhiqian hurriedly asked, "Who?"
"Song Jiang." Zhang Fei said excitedly.
"Song Jiang?"
The father and daughter looked at each other with blank eyes.
Yes!Song Jiang may not have been born yet, my God, I'm so excited again.
Zhang Fei hurriedly said: "No matter who this Song Jiang is, the main reason is that I thought of a case, which is that this Song Jiang wrote a poem, which quoted some ancient rebel figures, so the court sentenced him to break the law."
Xu Zhiqian said: "That should be a crime of treason."
Zhang Fei said: "But he just recited a poem, and he has no motive for treason. Can this also be used as a crime of treason?"
Xu Zun pondered and said: "If there is no motive and action, then you can't be convicted of treason, but you should be convicted of 'making a coat, writing and speaking'."
(Note: The coat is the same as the demon, and it is also written, making demon books and demon words)
Zhang Fei was startled, and hurriedly asked: "Grandfather, what kind of crime is this crime?"
Xu Zundao: "This crime belongs to the 'law of thieves' in the law of thieves and robbers, which has existed since the Qin and Han Dynasties. However, this law in our dynasty followed the "Tang Law Shuyi". become different."
An amnesty decree is similar to a decree, but most of them refer to the emperor's interpretation of the law. Generally, the emperor gives an explanation in the form of an imperial decree for a certain law, which is also a decree.
It can be seen that from a legislative perspective, the emperor is also higher than the law.
Of course, as far as the Song Dynasty system is concerned, the amnesty order must be discussed with the ministers, and there are very strict procedures. It does not mean that the emperor can do whatever he wants.
When the case of Ayun was tried before, Shenzong's holy ruling included a pardon for the surrender and commutation of sentence, because the contention at that time was whether Ayun was applicable to the surrender and commutation regulations, and the emperor's pardon expressed one meaning, which is suitable.
However, it was rejected by the ministers all at once.
Fit ass!
Does Zhao Xu understand the law?
Don't BB if you don't understand.
But usually the emperor's pardons are for the addition and subtraction of punishments, for example, one hundred sticks or fifty sticks.There are very few additions and explanations to the law.
It can be seen that the case of Ayun has many special features.
Whether the emperor can fight for his own interests by interpreting the law, the answer is yes, but it is very difficult.
Zhang Fei hurriedly took a copy of "Song Xing Tong" and looked it up.
Xu Zhiqian also took a copy, and she is actually not very familiar with this law, because the frequency of this law is too infrequent, and she has never encountered it.
Even if she encounters it, she is not qualified to intervene. This is a case that belongs to the emperor.
"found it!"
Just listen to Zhang Fei read: "It is the same to pass on to confuse the public; to pass on is called rumor. To use is to use books. Those who dissatisfy the crowd will travel three thousand miles. Those who speak harmlessly will use a hundred sticks. That is Even if the private Zongshu is useless, it will be punished for two years; if the words are harmless, the rod will be sixty."
Afterwards there were further discussions.
For example, how to convict the making of the jacket book and the transmission of the jacket book respectively.
For another example, how much is the public.
It is written clearly and clearly.
After reading it, Zhang Fei asked: "Can this crime be defined as the crime of anti-poetry?"
Xu Zun nodded and said: "Although this crime is mainly aimed at the words of ghosts and gods and the book of strange powers, if there are allusions and inciting words in the poems, it is also a case of confusing the public with words, and they can be investigated for crimes.
The biggest difference between this and the crime of treason lies in whether there is any actual action, if there is, it is treason, if not, it is this crime.However, the crime carries a maximum penalty of death by hanging. "
In fact, the literary inquisition originated from this crime.
Zhang Fei asked: "Why is it considered a crime to deceive people with a jacket?"
Xu Zundao: "Naturally because this crime will endanger the country and society."
Zhang Fei asked again: "On the level of law, is there a causal relationship between the two?"
Xu Zun nodded and said, "Of course."
Zhang Fei smiled and nodded, "That's it."
Xu Zhiqian suddenly said: "Zhang San, don't you want to harm Mr. Su?"
Zhang Fei was stunned for a moment, "How do you say that?"
Xu Zhiqian said: "Didn't you talk about piracy before? Why did you talk about the crime of blasphemy? If you beat him for this crime, wouldn't the defendant be Mr. Su?"
Although the collection of words was printed by Jijuxian, if the crime is judged by the words of the coat, the content must be punched, not pirated.
Zhang Fei's eyes lit up when he heard it: "This is a good idea. With Mr. Su's reputation, if he is also brought in, there will be enough gimmicks."
I wondered in my heart, should I let Su Shi experience this literary prison in advance, so as to teach him a lesson, so as not to be blind in the future.
Xu Zun frowned, "What are you talking about?"
Zhang Fei hurriedly explained: "Don't blame my benefactor, I was just joking, I am not trying to harm anyone, I want to make a law, so the government and the people must pay enough attention to it."
Xu Zun was surprised and said, "Legislation? Why do you legislate?"
Silly!
You, a man of the pen, actually want to legislate?
This is even more outrageous than the law of setting the tone of the ancestors. After all, it is just a fight for the right to interpret, and legislation must go through formal procedures.
Zhang Fei hehe said: "I have my own way."
Xu Zhiqian said: "If you want to sue Mr. Su, then I won't help you."
Zhang Fei said: "Don't worry, I will never do this..."
At this moment, Li Si shouted outside the door: "Third Brother, Third Brother, Madam and the others are back."
"They came back faster than I thought!"
Zhang Fei looked happy, and said to Xu Zhiqian: "Let's talk about it later."
After finishing speaking, Zhang Fei went out immediately.
But except for Shi Tingxiu, all the others came back.
"Why did you come back so soon?"
Zhang Fei asked with a smile.
That black servant, Niu Beiqing, squeezed forward, "We heard that our benefactor was in trouble, so we rushed back immediately, Erlang, because he wants to keep his brother's filial piety, so he can't come here for the time being."
"Difficult?"
Zhang Fei was dumbfounded and wondered, why didn't I know that I was in trouble?
Feng Nanxi said: "We heard that Engong's new shop was opened, and was excluded by the imperial court and colleagues."
Originally they planned to stay for three months, but when they heard about the tax calculation, they immediately rushed back to help.
"So it's because of this!"
Only then did Zhang Fei come to his senses, and suddenly glanced at Gao Wenyin, but saw that the young woman was a lot haggard, her eyes were still a little red and swollen, she pondered a little, so she said: "It's good if you come back, I'm short of manpower."
Niu Beiqing immediately said: "If you have anything to do with your benefactor, just ask."
Zhang Fei smiled and said: "We are still planning, you go and rest first."
As he spoke, he turned his head to look at Gao Wenyin, "Ma'am."
As if waking up from a dream, Gao Wenyin hastily saluted and said, "Wen Yin has met. Husband. Jun."
The word "Jun" is hardly heard.
Zhang Fei didn't care either, and said: "I think Madam is also quite tired, let's go back to the room and rest first."
"Yes."
Gao Wenyin nodded slightly, then walked towards the backyard with a dull expression.
After she left, Zhang Fei complained to Feng Nanxi: "Is this how you take care of people?"
Feng Nanxi sighed: "To tell you the truth, we are also very sad to see my sister-in-law like this. I wanted to let her come back earlier, but it was useless to persuade her. After hearing about this, my sister-in-law asked to come back. .”
Zhang Fei nodded his head lightly, thinking to himself, it is necessary to spend some time chatting with her.
(End of this chapter)