Chapter 412 Progress and Backwardness
This case involving Fang Jing is a second instance case.
According to the judicial system established by He Xinyin in Suzhou Prefecture, a case is first heard in the county-level court. If the parties are not satisfied with the outcome of the case, they can appeal to the prefecture-level court for a second instance.
The second trial is the final result.
Nowadays, there are more and more cases in Suzhou Prefecture, which is naturally to ensure the efficiency of case trials.
This case occurred in Taicang County, and the first-instance verdict was decided by the Taicang Court. After reading the files, all the apprentices and litigation assistants felt suffocated in their hearts.
The process of the case is also very simple. This is a case in which a textile workshop owner sued his employees.
Qin, a female textile worker employed by the workshop owner Chang, organized a strike in the workshop a while ago because of issues with her treatment.
The workshop owner Chang Mou had an important order in hand, and he was forced to agree to a salary increase. The employees thought that the matter was over.
Unexpectedly, after the order was completed, the workshop owner Chang Mou immediately filed a complaint to sue Qin, the female textile worker who led the strike, to the court.
The reason for the lawsuit was that because of Qin's behavior, the delivery of this order was delayed. Chang needed to compensate 500 taels of silver because it was not delivered on time. Therefore, the workshop owner Chang asked Qin, who organized the strike, to compensate the money. .
The verdict of the Taicang Court supported the appeal of the workshop owner Chang, but believed that the delayed delivery of the order was not entirely the fault of the female textile worker Qin, so Qin was asked to bear the compensation of 200 taels of silver.
Whether it is five hundred taels or two hundred taels, ordinary people like Qin cannot afford it.
"Master, this case is not easy to fight." Chief disciple Sun Wei looked at Fang Jing and said.
"This case has been decided by the Taicang Court. It will be difficult to overturn the case if it is appealed to the provincial court."
All the apprentices nodded. Although they were apprentices, they had already fought many cases with Fang Jing.
Nowadays, Suzhou Prefecture has the most complete laws. Many contracts are signed in Suzhou Prefecture, so there are many cases in Suzhou Prefecture.
Although Suzhou Prefecture already has the largest number of courts, there is still a lot of trial work every day.
The level of the judges in the court is also uneven. This case is not because the judge presiding over the case accepted the bribe from the workshop owner, but simply to improve the efficiency of the trial, each of them will give fifty big votes to close the case as soon as possible.
The workshop owner Chang demanded compensation of 500 taels of silver, but the judge ordered a smaller amount and asked the female worker Qin to pay 200 taels of silver.
This kind of judgment is called "each side takes a step back."
The apprentices of the litigation firm have seen this kind of thing a lot. Compared with the first-instance court, the second-instance court is even busier. This small case of only two hundred taels will not be taken seriously.
The chief disciple said: "Master, the Second Inquisition Court may not accept this small case at all."
Fang Jing poured a pot of tea and said: "In this case, let's turn this case into a big case so that the Second Inquisition Court will not be able to accept it." Don't accept it properly."
Fang Jing acted quickly, and the full text of the case was published in the "Warning World News" three days later.
As soon as this case was published, the entire South Zhili was in an uproar.
Because of wage issues, it is normal for textile workshops in the southeast to go on strike.
But because the strike delayed the order, the employees in turn had to compensate the employer for the losses. Who would dare to resist in the future?
Suddenly, public opinion surged in Suzhou Prefecture, and a large number of grassroots textile workers supported Qin. Even because of this case, the Taicang Court in charge of the first instance was thrown vegetable leaves and rotten eggs.
The case became like this, and He Xinyin personally came forward to take over the second trial of the case.
Hearing this result, Fang Jing smiled slightly and decisively took Qin to the court of Taicang Mansion.
Qin is a thin young woman who is burdened with heavy debt pressure due to a debt of two hundred taels of silver.
At this time, she raised her head, looked at Fang Jing with pleading eyes and said,
"Litigator Fang, I can't afford the litigation fees."
Fang Jing said nonchalantly, "It doesn't matter, this case is a public interest litigation designated by the government. , it’s free.”
When she heard it was free, Mrs. Qin grabbed her clothes.
Fang Jing smiled and said, "Are you afraid that I won't help you with your lawsuit because it's free?"
Qin nodded first, then shook her head quickly.
Fang Jing said, "I'm not filing a lawsuit for you."
"I, Fang Jing, never take on a lawsuit that I'm not sure about! I went to court in Suzhou twenty times and won all twenty times. Do you know what that means? ?"
Mrs. Qin shook his head.
Fang Jing said, "This is my twenty-first case. I can't end my winning streak with a case like this." When
Fang Jing said this, Mrs. Qin felt relieved.
The group came to the court, and Fang Jing quickly met the plaintiff, the workshop owner Chang Mou.
Chang was in his forties and in good health. He first glared at Qin who was next to Fang Jing fiercely, and Qin was so frightened that she hid behind Fang Jing.
A lawyer swinging a folding fan stood behind Chang, with a smile on Fang Jing's lips.
The person who helped Chang in the lawsuit was also a famous litigator in Suzhou Prefecture. His name was Sun Hui, and he had many confrontations with Fang Jing.
The characteristic of Sun Hui's litigation is that he is good at procrastination. The cases he is responsible for will require the court to hold hearings repeatedly. He will submit smelly and long documents, which annoys the presiding judge.
Fang Jing always felt that this case was so familiar. It turned out to be the case led by Sun Hui.
For example, in such a simple case, Sun Hui not only submitted the records of Qin's strike, but also submitted all the account books of the workshop owner Chang for this year to the court as materials.
All kinds of personal and material evidence were piled up like a mountain, and the trial was held five times.
Sun Hui obviously wanted to use this tactic this time. There were five apprentices behind him, each of them holding materials that were taller than a person.
What Fang Jing despised the most was this kind of dirty trick. He smiled disdainfully and strode into the court with Qin.
He Xinyin was wearing an official robe. When both parties arrived, he was stunned and said:
"The court is open."
First, both parties stated their claims. Sun Hui handed over the documents, and then talked a lot of nonsense. It was probably the county judge's court. It has already been heard that Qin's strike caused the workshop owner Chang to suffer huge losses, and he must ask Qin for compensation and other nonsense.
He Xinyin didn't have any impatience. He read and corrected the materials while listening to Sun Hui's statement.
He Xinyin read quickly, and quickly read half of the small mountain of information. Sun Hui was shocked, and he already had some bad premonitions.
He Xinyin looked at Fang Jing, who immediately stood up and said:
"Sir, we believe that this money should not be compensated by us, because this judgment has put us under huge pressure, and we ask the workshop owner Chang Mou to We will compensate you two hundred taels of silver."
As soon as these words came out, everyone looked at Fang Jing.
Chang, the owner of the workshop, jumped out and said: "Impossible! This bitch caused me to suffer losses! This time I must make her pay five hundred taels of silver!" "Quiet." He Xinyin was still reading the information, like a mountain
. The data is almost exhausted.
Sun Hui gritted his teeth and took out the key evidence for his victory in the first instance court and said:
"Sir, this is the contract signed between the Qin family and us. This is an official deed with stamp duty paid. This contract says that once If there is a loss in the workshop, the employees need to compensate for it."
Fang Jing opened his folding fan and said,
"Sir, this is a typical overlord clause, which invalidates the contract. If the workshop suffers losses, the employees must bear them, and the money the employer makes must be distributed to the employees. "
For a long time, the wages in Chang's workshop have been lower than the average level in Suzhou Prefecture, and the working hours have been longer than normal workshops. Qin has been dedicated to his work in the past six months and is the most diligent in the workshop. Employees, but have never received fair treatment." "
If this case is decided like this, who will dare to fight against these workshop owners in the future? Then where does the 'people's foundation' in the Governor's "New Notes on the Three Classics" come from? Get up?"
Mentioning Su Ze's book, Sun Hui gritted his teeth and said: "According to the law is what the Governor said. We are not retaliating against the Qin family, we are just claiming normal compensation!" At this time, He Xinyin had already read all the books
. After receiving the information, he was stunned and said:
"The case is very clear. The contract between Chang, the owner of the workshop, is invalid. Qin did not intentionally destroy the property of the workshop. The previous judgment was withdrawn, and Qin does not need to bear compensation."
Mrs. Qin collapsed on the ground and quickly shouted "Master Qingtian" to He Xinyin.
"Sir, we advocate a counterclaim and demand compensation from Chang!"
He Xinyin added: "The counterclaim case will be dealt with separately."
"In addition, Litigator Sun Hui, the information you submitted contains many errors and does not meet the format of the information required by this court. The procedures are incomplete."
The yamen officer piled a small mountain of information in front of Sun Hui. He Xinyin said: "The information submitted does not comply with the regulations. You will be fined fifty taels of silver in court. These information will be returned to you for reorganization, and this court will keep it on file. "
Quit!"
Sun Hui looked at the small mountain of information in despair. He turned it over and found that on every page of information, He Xinyin had circled the areas where the information did not comply with the procedures.
Fang Jing came over, looked at the small mountain of information, and said with a smile:
"It seems that Mr. He left some homework for Sun Dazhuang, so Fang will leave!"
After saying this, Fang Jing walked away, leaving only Sun Dazhuang. Hui looked at the information in despair, and the workshop owner Chang roared and complained about the injustice.
But soon, Fang Jing took advantage of the victory and filed a counterclaim three days later.
It turns out that Chang's so-called loss was simply a fake compensation colluded with the other party. It was the idea that the lawyer Sun Hui helped him come up with, and he deliberately used the delayed compensation to blackmail the Qin family.
After Fang Jing got the evidence, the nature of the case immediately changed from an ordinary economic dispute to extortion.
Extortion is a criminal case, and the case was immediately handed over to the county government, who filed a public prosecution with the court.
Fang Jingdu had collected all the evidence, but the workshop owners Chang Mou and Sun Hui even fought to shirk their responsibilities in court. The facts of the case were quickly found out, and the court immediately issued a verdict.
Chang was sentenced to one year in prison for extortion and was also required to pay Qin 500 taels of silver.
Sun Hui, a litigator, encouraged Chang to blackmail Qin and was jailed for one year. At the same time, his qualifications as a litigant were revoked and he was prohibited from entering the court again.
The final result of this case was published in the next issue of "Jingshi Bao", and the public mood in the entire Southeast was greatly improved.
However, He Xinyin, the prefect of Suzhou, went to Nanjing in person to plead guilty to Su Ze.
"What crime does He Zhifu have?"
Su Ze, who was covered in oil, was still wiping the machine, while He Xinyin stood aside and helped hand over the wrench.
He Xinyin lowered his head and said: "I once thought that as long as we had a complete law, we would be safe from all the world. But I didn't expect that it took so long for the new law of Suzhou Prefecture to be enacted, and so many people were already relying on the judiciary. There is a loophole to make profit."
He Xinyin said with some confusion: "If it is like this now, won't the law also become a tool to harm the people in the future?"
Su Ze took the wrench and said:
"Didn't that case get a good result? ?"
"The case was successful because Fang Jing was a capable litigator. What if Fang Jing sided with the workshop owner?" "
These litigators use people's money to help people eliminate disasters. Today there is Sun Hui like this The lawsuit helps the workshop owner to blackmail the employees, and a worse case will happen tomorrow."
Su Ze said with a smile: "It seems that our He Qingtian is confused."
He Xinyin lowered his head.
Su Ze said: "If there are laws, there will naturally be people who study the laws. In the past, wouldn't those swordsmen and pen officials of the old Ming Dynasty also use the laws to harm the people?" "Is there anything
in this world that will never be easy ? , the law also needs to be constantly repaired and improved."
"The complete law at least gives the people a fair place to speak out. This is much better than before."
Su Ze said to He Xinyin: "You have done enough ."
"In addition, a capable litigator like Fang Jing can also be put to good use." "
Wouldn't it be better for the government to hire him as a prosecutor and let him handle the prosecution of criminal cases?"
He Xinyin said hesitantly: "A person like Fang Jing is very profitable. Is he willing to work for the government?"
Su Ze smiled and said, "Who knows? Maybe one day he will make enough money and want to study the law himself. Where is your dream?"
He Xinyin nodded, and then he talked about another topic.
"Grand Governor, last time you talked about the legislative issue of intellectual property rights."
Su Ze nodded and said: "The intellectual property legislation cannot be too loose, nor too strict. If it is too loose, the works of writers will be pirated and plagiarized, and the new technologies of craftsmen will be stolen." If it is abused, there will be no motivation for innovation."
"But if intellectual property rights are too strict, a group of rentier classes will be formed that completely dominate the producers, which will also hinder the development of new technologies." He Xinyin nodded and
said: "That's true, this It's too difficult to grasp the scale."
"Also, Governor, has your book been pirated?" "??
"
Huguang, Hanyang, Zhang Juzheng welcomed the new mining supervisor and eunuch from Huguang who was sent by the imperial court.
I saw what happened in the new episode in July. Hey, when you reach middle age, you still need to take good care of yourself.
I recommend "Qin Li" released in July. It is an excellent work that Fat Bird watched very early.
(End of chapter)