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By the time of the Divine Sect's Holy Judgment, the Ayun case had gone through all the judicial procedures of the Northern Song Dynasty.
The county-level Yamen were investigated, the prefecture-level Yamen juju ruled, the Criminal Division's suspicious case was reported, the Dali Temple's final judgment was decided, and finally the Trial And Punishment Court jointly signed the report, and the Emperor's Supreme Ruling. This process is completed, and even the ten heinous felonies should be closed here.
However, the Ah Yun case not only did not end, but intensified, directly from the judicial process to the defense and legislative process.
Villain Qizhi: The three legal divisions of the Great Song Dynasty have all become defendants
The reason why it is not over is because Xu Zun must carry out the "Li Qi to self-defeat" to the end.
The emperor gave face, but Xu Zun did not agree. For Xu Zun, it didn't matter if Ah Yun sentenced him to death. There is so-called, whether his reasoning is correct or not. The reasoning of dali temple and the inquisitor is correct, that is, his reasoning is incorrect. For this, Xu Zun could not tolerate it, because it was directly related to whether he could "stand up to himself".
Xu Zun immediately wrote a letter in protest: Ah Yun accepted when asked, and should turn himself in for the case. Trial sentence, Dali sentence hanging, not yes. This means that the Inquisition And dali Temple made a wrong judgment, and these two confused yamen did not understand what it meant to be "a case to be raised."
The local Zhizhou reported the Dali Temple and the Trial Court, so Song Shenzong could only send the case to the Punishment Department.
The Punishment Department did not appear until this time.
The Three Laws Divisions of the Great Song Dynasty, but the other two Legal Divisions all became defendants, and only the Punishment Department could uphold justice at this time. However, the Great Song Punishment Department was even more ruthless, "taking obedience as a delusion", believing that Xu Zun's judgment was pure nonsense and should not only be completely overturned, but also held accountable, and Xu Zun should be made to pay a fine to atone for his crime.
And then what?
Then, the Ministry of Punishment also became a defendant. Xu Zun wrote again: The Punishment Department decided not to be straight, and Ah Yun was exempt from the crime he had caused. Now it is not necessary to abandon the edict, but to cite the case, to kill all cases, and to block the road of self-surrender, which is not a sin and a suspicion of light righteousness.
This passage, though short, is particularly complex and draws on previous edicts. But without translation, one key concept is just a matter of understanding, namely the "sin of cause." After figuring it out, we can know Xu Zun's next strange reasoning. Let's recall two previous legal concepts:
One is mortal, which means strangers, passers-by. In ancient times, the relationship between people directly affected the nature of the crime and the severity of the sentence. Compared with the relationship of respect, the injury cases that occur between mortals will be less severe. Therefore, Ah Yun's killing of her husband Wei Ada is a heinous crime; while Ah Yun's killing of Passers-by Wei Ada is a general murder.
The other is to ask questions, which is actually a confession, but in ancient times it was considered a self-surrender. Since it was counted as surrender, the sentence must be reduced, so Ah Yun murdered Wei Ada and was sentenced to a second degree of commutation.
In Xu Zun's report to the Punishment Department, another legal concept appeared, that is, "the crime caused by it." So what is the "sin of cause"?
Zhang San stole Li Si, only for wealth and not to kill, this is just theft; but the theft was discovered by Li Si, so Zhang Sanyi killed Li Si with eight fists of the king, which is intentional homicide. As a result, Zhang San committed two crimes, one was theft and the other was intentional homicide. (PS: this in modern times is called theft into robbery, but ancient times were not as fine as modern).
In this case, theft is the "cause of the crime" of murder, because theft is murder, theft is cause, murder is the effect. If Zhang San's conscience found out that he had to turn himself in, how would the government judge him?
The principle of adjudication is "the crime of avoidance of cause", that is, Zhang San's theft can be exempted from prosecution, after all, Zhang San surrendered himself, but Zhang San's intentional homicide must be investigated. This is actually the present sentence from a felony.
What does the "sin of cause" and "the sin of avoiding the cause" have to do with the Ah Yun case?
The key lies in the word "murder."
Xu Zun believes that "plotting" is the cause and "killing" is the effect. Now Ah Yun's case is about to be raised, which is considered a voluntary surrender. Therefore, according to the principle of "absolving the cause of the crime", the crime of "conspiracy" should be dispensed with, and only the crime of "killing" should be asked. Moreover, there is also a legal basis, namely, "those who surrender themselves because of the crime of killing or injury are exempted from the crime of the cause, and still kill and injure according to the cause."
Xu Zun's reasoning is even more powerful.
For it reduces the crime of murder to the crime of injury. Ah Yun wanted to kill Wei Ada, this is the cause, but the crime of "murder" because ah yun surrendered himself; ah yun cut him more than a dozen knives in order to kill Wei Ada, which is the result of the cause, is the reason for killing, and not killing is the crime of injury. Then, the judicial offices at all levels of the Great Song Dynasty could only pursue Ah Yun's "injury crime".
In fact, Xu Zun was playing a word game.
In modern jurisprudence, the Ah Yun case is actually an attempted murder case, and it is impossible to reduce it to a case of intentional injury. But language was a process of development, and at that time, Xu Zun was able to play with it, and he could also play with scriptures.
As for Xu Zun's nonsense, not only did the Central Judicial Yamen of the Great Song Dynasty not recognize the account, but also the Dengzhou Judicial Yamen did not recognize the account. At that time, the elite could not tolerate such nonsense.
If Xu Zun was just a Zhizhou, then his nonsense could only end here. But what if Xu Zun was promoted to the post of governor of Dali Temple? Next, a dramatic scene occurred: Xu Zunzhen was transferred to Dali Temple, "not much, the result of Dali", equivalent to becoming the chief justice of the Northern Song Dynasty. The first thing Justice Xu Zun did when he took office was to submit a "two-system miscellaneous discussion" for Ah Yun's case.
Immortal Fight: Illogical but literal
The so-called two systems are the Internal System of Hanlin Scholars and the External System of Knowledge, these people are all well-educated people, equivalent to the highest academic authority of the Great Song Dynasty.
When it came to the two-system negotiation law, it officially introduced the two ultimate big men of the Northern Song Dynasty, one was the veteran academic authority Sima Guang, and the other was the rookie emperor Wang Anshi.
Sima Guang, a veteran academic authority, supported the opinions of the Dali Temple and the Inquisition. The rookie emperor Wang Anshi supported Xu Zun's argument. Why did Wang Anshi support Xu Zun? Quan Suan feel sorry for each other, these two people are strange.
But Sima Guang and Wang Anshi also had something in common, that is, they endorsed Xu Zun's opinion that the marriage was invalid, and characterized the Ah Yun case as a murder case rather than a vicious rebellion case.
The focus of the dispute between the two sides is finally limited to two issues: one is whether Ah Yun counts as a voluntary surrender, that is, the understanding of "wanting to raise a case"; the other is whether Ah Yun is not killed or injured, that is, the understanding of "the crime caused".
Sima Guang believed that Ah Yun did not surrender himself at all, "(Ah Yun) will be tortured until the record of the lawsuit will be tortured, and the situation will not be obtained, and then he can admit it", which is equivalent to entering the interrogation room of the Public Security Bureau before confessing. Moreover, Ah Yun has already caused the result of killing people and injuring themselves, which is even more necessary to turn himself in.
Sima Guang is reasonable and well-founded, but on closer examination, there are also problems.
Before being arraigned by the inquisitor, Ah Yun had confessed to the county lieutenant about the murder of Wei Ada. According to the legal interpretation of the Zhenzong years, the step of the county lieutenant cannot be regarded as entering the judicial process. Since he had not entered the judicial process, Ah Yun confessed, and he should be counted as a case. This is unreasonable, but it is in line with the law. Xu Zun is indeed playing a rogue, but he is playing a legal compliance with the provisions.
The reason for this situation is that the Northern Song Dynasty has not yet cared about public security work. The lack of procedures for public security bureaus and criminal police investigations is bound to occur.
So, can Wang Anshi catch this procedural loophole?
Only when the two systems are discussed will they not play so low, Wang Anshi is more powerful than Xu Zun, and he also has to play legal reasoning.
First of all, to quote the original text of the Song Penal System, "Note: Whoever commits the crime of killing and injuring and surrenders himself may be exempted from the crime of cause and still kill and injure from the cause."
You Sima Guang looked at it seriously: If you kill or injure a person, you can be exempt from the sin of causing it. That is to say, in the case of Ah Yun's murder and injury of Wei Ah Da, the crime of exemption from cause was allowed. Because that's what the law says.
Secondly, the legal provisions are continued to be quoted, "It is said that if a person commits suicide for the purpose of theft, or if he kills or injures a rich man by mistake, the crime of theft is exempted, so the crime of killing and injury is still punishable."
You Sima Guang look carefully: Because of the theft and murder, the crime of theft can be avoided, but only the crime of killing and injuring. For theft is the cause of the sin. Don't say that if you hurt someone, you can also be exempt from the sin of causing it.
Third, to engage in sufficient conditional reasoning, "Whoever steals or injures a person can still be exempted from the crime of cause; if he murders and injures a person and hangs him, and hangs him less than beheading, then he is exempt from the crime of the cause."
Whoever steals or injures another is sentenced to beheaded; the murder of a wounded person is sentenced to hanging. The sentence of beheading is heavier than hanging. Therefore, if the thief sentenced to beheading can be exempted, then the murder victim sentenced to hanging can also be exempted.
This is the top master.
Ah Yun did not count the case and wanted to do it, and was directly ignored by Wang Anshi. The debate is then set on the question of the legal interpretation of whether murder is exonerated and whether voluntary surrender is possible.
For this set of reasoning, how should Sima Guang refute it?
He could only be led by Wang Anshi's nose. For the question of the legal interpretation of whether murder is unavoidable or not, and whether or not one can voluntarily surrender, is far more important than the procedural questions that the case wants to raise.
Sima Guang had nothing to say about the legal provisions cited by Wang Anshi. Because it was the Great Song State Law in black and white. However, Sima Guang believes that splitting murder into "conspiracy" and "killing" is pure nonsense and logically unreasonable. Zhang San thought in his head that he wanted to "murder" Li Si, which was a crime; Zhang San took a knife to cut Li Si in his behavior, which was another crime. You Wang Anshi so split, what is the ghost logic?
Indeed, this is logically problematic. At this time, Wang Anshi needed to explain his strange logic. But Wang Anshi did not, but continued to quote the law, "All murderers are punished for three years; those who have been injured are hanged; those who have been killed are beheaded."
You Sima Guang looked at it carefully and carefully: those who murder people, from light to severe, are punished by imprisonment, hanging, and beheading. This is obviously the three criminal names of "only plotting but not killing", "injured", and "killed", how can it be said that murder cannot be separated? The provisions of the law are dismantled into three situations in one go, and three sentences must be imposed separately.
This is the fairy fight. And since it is the immortals who fight and the big guys shoot, it must be a gang. As a result, The Ah Yun case can only be escalated again
Seeking truth from facts: It is difficult to become a public opinion without selfishness
Sima Guang and Wang Anshi, neither of them could subdue anyone. Then, we can only continue to fight and expand the scope of participation in the two-system negotiation law. Immediately, two more Hanlin scholars, namely Lü Gongzhuo and Han Wei, and a Zhizhi Zhen, namely Qian Gongfu, joined the debate.
Dali Temple and the Inquisition Are Conservatives. Sima Guang is a standard conservative. The so-called conservatives, in short, obey the tradition and refuse to be different.
What about Xu Zun and Wang Anshi?
They are both strange, and you can't say that they are reformists. Xu Zun is a strange thing that Li Qi is self-inflicted, and Wang Anshi has always been a strange thing. Since it is a strange thing, it must be against the will of the people. So, the more people who join the debate, the more voices of opposition there are.
It seems that Xu Zun and Wang Anshi will most likely be defeated. The conservative Northern Song dynasty masters must reject their strange explanations.
But, paradoxes emerged. The three newly enrolled scholars who had entered the debate went so far as to be strict in seeking truth from facts. They deliberated on Ah Yun's case from the original intention of the legislation, and then unanimously sided with Wang Anshi.
The reason for this situation is mainly because the legal system of the Northern Song Dynasty originated from the chaotic era of the five dynasties at the end of the Tang Dynasty. Therefore, in the chaotic world, the Northern Song Dynasty not only legislated heavily, but also strictly administered the judiciary. It has been a long time since the peace has been in peace, and people of insight have the expectation of being generous, and they all hope to take care of the common feelings of people.
Why can't you turn yourself in when you kill someone and see blood? It's okay to be lenient and consider the common sense of people. Otherwise, how many bloodied fugitives will there be in the world? Su Shi's "Theory of Rewarding Loyalty and Thickness in Punishment" can stand out in the imperial examination, which shows that the scholar has made new changes in his position and ideology.
It was on the basis of this position that the three ministers of the two systems collectively sided with Wang Anshi. Wang Anshi's fan Emperor Song Shenzong, after receiving the report, quickly issued an edict: "Murder has been injured, and those who want to turn themselves in in the case should subtract from murder to the second class." "The Emperor of the Great Song Dynasty made new legislation for such common cases, that is, attempted murder, wounding people and blood, you can also turn yourself in; after surrendering, you must reduce the crime to the second degree.
By this time, the Ah Yun case should always be over, right? The Ayun case has gone from the judiciary to the legislature. Through the law of the two systems and the emperor's edict, a new law was officially born, that is, murder that has been injured can be surrendered and reduced to a second degree after surrender. At the same time, this law also foreshadows the legal style of the Great Song Dynasty, that is, from strict to lenient.
However, it did not.
At the time of Dengzhou's bowing, Xu Zun did not seek truth from facts, but selfishly and distractedly "wanted to make a difference to himself".
However, Xu Zun's selfish distractions were met with the truth-seeking of the Dali Temple and the Inquisition. In our Great Song Dynasty, if a murderer has been injured, how can we surrender ourselves and be exonerated? To answer realistically is to resolutely not allow it.
Xu Zun became the chief of the Dali Temple, and then developed his selfish distractions into great selfishness and injustice, and the operation was as fierce as a tiger, which not only made the Three Laws of the Great Song Dynasty become defendants, but also opened the two systems of the law.
The dispute between Wang Anshi and Sima Guang over the two systems is also a dispute over seeking truth from facts. Everyone must make the reason clear. The enlarged two-system negotiation law, that is, the participation of Lü Gongzhuo and three others, is not only seeking truth from facts, but also seeking truth from facts in selfless and long-term planning. The Northern Song Dynasty scholars expected the Great Song Dynasty to be strict and lenient.
Dengzhou Zhizhou Xu obeyed selfish thoughts, but the Three Laws Division sought truth from facts; Xu Zun, the governor of Dali Temple, was again selfish and distracted, but the two systems still sought truth from facts.
But at this time, the three dharma divisions could not seek truth from facts, and they had to be selfish and distracted. This is both a departmental interest and a dignity for one's own family.
The emperor stood up for Wang Anshi, which means that Wang Anshi is correct. The implication is that the three divisions are confused. This is a slap in the face insult.
As a result, officials from the Dali Temple and the Inquisition Court protested en masse. The Ah Yun case also formally moved from judicial to legislative, until it became a major case in the history of the traditional Chinese legal system.