Judge of the Song Dynasty

When it came to litigation, the battlefield for criminal cases was definitely in the courtroom, such as Ayun’s case and Lin Fei’s case.

Verdicts had to be rendered in the courtroom.

But for civil litigation, the courtroom was only a secondary battlefield; the bargaining table was the main battlefield.

For example, the lawsuit between Li Si and Chen Yuteng was all settled privately through settlement. In the courtroom, it was just about getting a better position – whoever held the advantage would be more proactive at the bargaining table.

This particular lawsuit was rather special, because tax evasion was definitely a criminal case, and Zhang Fei represented the imperial court, though he didn’t possess prosecutorial authority.

However, the Song dynasty had its own national circumstances.

When common people evaded taxes, that was naturally criminal, but if the other party belonged to the landlord class or scholar-official class, then it could also be considered civil.

This was also the point of contention previously. If the imperial government had evidence, why would they need to file a lawsuit?

They could just arrest people directly!

The problem was that they couldn’t arrest people, which was why Wang Anshi was forced to do this – the purpose was to pressure them into paying taxes, not to take their lives. Based on this point, this case should be classified as civil.

Since it was civil, the bargaining table was the main battlefield.

That evening, Li Guozhong, Fei Ming, Li Lei, along with the representative of the landlord class Huang Zhi, and the representative of the scholar-official class Wang Zhu – five people in total – came to the Bianjing Law Firm to negotiate with Zhang Fei.

Zhang Fei still had his husband-and-wife team with Xu Zhiqian, plus Fan Li, as well as the tea-serving and water-fetching junior Qiu Zhengwen.

Zhang Fei set down his teacup, his gaze sweeping across the faces of the five people opposite him, and said with firm resolve: “I’m truly sorry! You have already lost the opportunity to negotiate.”

Li Guozhong smiled and said: “The Sage said, ‘The use of ritual is to foster harmony, which is precious.’ One should still leave some room for maneuver, after all, we all have to see each other regularly.”

Zhang Fei joked: “Mister Li doesn’t read the Song Code of Punishments anymore, but has taken up the Analects instead. This really caught me off guard. But in this case, even if the Sage himself came, it might not be of use! Just now we were still considering whether we should continue to prosecute you for using counterfeit tax receipts.”

Huang Zhi and Wang Zhu shuddered with fright. If this responsibility were pursued, it would be a question of how they would die.

Li Guozhong smiled and said: “Then let’s not talk about the Analects, let’s talk about the Song Code of Punishments. Since ancient times, there has always been the saying that ‘the law does not punish the masses.'”

Xu Zhiqian snorted: “But not many people dare to use counterfeit tax receipts.”

Li Guozhong was startled and glanced at Xu Zhiqian beside him, then smiled: “Lady Xu is right, but there are quite a few tax evaders.

If this isn’t handled properly, in the future all those tenant farmers will come to you for litigation, or many people will report tax evasion endlessly. I’m afraid this will disturb your firm’s peace and put the court in a difficult position.”

Fei Ming said: “If the five hundred thousand strings compensation claim succeeds, that would be enough to cause every single commoner to come to you for litigation. Setting aside whether you can win, even if you have reason and evidence, would the authorities really rule that way?”

This made sense. Nearly every commoner was exploited in some way. If one lawsuit was worth fifty thousand strings, who wouldn’t file suit? Landlords and commoners would be completely at odds.

Would they really talk about law then?

The imperial court wouldn’t let this happen either.

Fan Li nodded slightly and whispered to Zhang Fei: “Zhang San, I think what they’re saying has some merit.”

Zhang Fei glared at him, pondered for a while, then said to Li Guozhong: “How do you hope to end this lawsuit?”

A gleam of joy flashed in the eyes of Huang Zhi and Wang Zhu, the two class representatives.

Li Guozhong said: “Mogul Du and the others will make up all the tax money.”

“…?”

“…?”

Time seemed to stand still for a moment.

Zhang Fei blinked. “That’s it?”

Li Guozhong said: “Isn’t that the imperial court’s purpose in fighting this lawsuit?”

Fei Ming added: “Of course, Mogul Du and the others will also generously reward you.”

Upon hearing this, Xu Zhiqian couldn’t help but say angrily: “Are you trying to add to your crimes, or do you hope to drag us down with you?”

Having married such a wife, he was basically cut off from making a quick buck forever. Zhang Fei also shot two reproachful looks, as if to say: Can such matters be spoken of openly? Anyone with the intention of giving gifts wouldn’t mention it first – they would just give directly. Understand?

Li Guozhong hastily explained: “It’s merely a modest gift, not enough to constitute a crime.”

“Then let’s dispense with that as well.”

Zhang Fei said: “If you had said this before the lawsuit, I might have gladly accepted, but now, I couldn’t possibly accept these conditions.”

Li Guozhong said: “But continuing to fight this case may not necessarily be a good thing for you either.”

Zhang Fei said: “Who can say for certain what the future holds? Right now we have a sure victory, and we also hold the initiative for the future. At the very least, our small firm has the right to refuse to take cases for anyone.”

Those common people might come looking for me, but I can simply refuse to take their cases!

Li Guozhong frowned and asked: “What do you want?”

Zhang Fei pondered briefly, “First, you must revise the contracts with all tenant farmers, and henceforth the landlords shall bear all taxes.”

This word “first” made Huang Zhi and Wang Zhu feel deeply troubled.

But this condition wasn’t entirely unacceptable – at worst they could find different tenant farmers later. All roads led to Bianjing.

Li Lei immediately said: “Most tenant arrangements are mutually agreeable, and the landlords haven’t deceived anyone.”

Zhang Fei smiled: “I don’t represent the tenant farmers, but rather the imperial court. My client doesn’t want such incidents to happen again, and only this way can they be completely prevented.”

Li Guozhong said: “If the imperial court doesn’t want such incidents to recur, it should enact laws for this purpose, not rely on a single lawsuit.”

Zhang Fei said: “The court has its own thinking, which I’m not privy to.”

He shrugged slightly and continued: “But if you don’t agree to this condition, there’s nothing to discuss, since this is the imperial court’s objective.”

Li Guozhong glanced at Wang Zhu and Huang Zhi, and only after seeing them nod did he say: “We can agree to this condition of yours.”

“Second.”

“Isn’t this enough?” Li Guozhong looked at Zhang Fei with disbelief.

Zhang Fei said: “If you have carefully examined the crimes Du Shaojing committed, you wouldn’t think so.”

Li Guozhong remained silent.

Zhang Fei continued: “Cancel those illegal usurious loans.”

Fei Ming said agitatedly: “Such high interest rates can be seen everywhere, and they’re all matters of mutual consent. They can be canceled today and borrowed again tomorrow. We’re pen-in-caps, not charity halls – do you need to go this far?”

Zhang Fei chuckled: “Uncle Fei makes a good point – I’m a pen-in-cap, not running a charity hall. But you can’t blame me for this; blame yourselves for being too greedy.

Now that I’ve already raised this issue in court and even called Du Shaojing’s household servants to testify, if we don’t provide an explanation, I don’t know whether the Kaifeng Prefectural Office will agree. Regardless, if I can’t give the imperial court or the public an explanation, I might even face prosecution myself.”

Li Guozhong said: “But it’s difficult for you to determine what constitutes legal versus illegal lending.”

Zhang Fei said: “I can give you a very lenient standard: based on your tenant farmers’ current situation, if someone works diligently but still cannot repay their debt within ten years and the amount owed keeps growing, it shall all be deemed illegal and must be canceled, with new tenant contracts signed.”

Xu Zhiqian said coldly: “You surely have nothing to say against this condition.”

Both Huang Zhi and Wang Zhu remained silent.

This did indeed sound quite lenient – working hard yet owing more and more money meant it could never be repaid, which clearly didn’t comply with legal regulations regarding lending.

But this would mean most servants would have their debts forgiven.

Li Guozhong said: “I also have a requirement: they must have already repaid ten times the principal in interest before it can be considered for cancellation.”

Xu Zhiqian immediately retorted: “That’s illegal.”

Li Guozhong said: “When they borrowed the money, they already knew it was illegal. Why did they still borrow, and why doesn’t your client provide money to help them? If debts can be easily canceled, there will only be more people taking usurious loans.”

This statement left Xu Zhiqian at a loss for how to respond.

After pondering for a long time, Zhang Fei said: “Very well, I agree to that. But no more can accumulate – this amount shall be the limit.”

Li Guozhong said: “But there must also be a time limit set – it can’t drag on forever.”

Zhang Fei nodded: “We’ll give you a deadline based on those servants’ actual circumstances.”

Li Guozhong said: “Then it’s settled.”

“Not yet!”

Zhang Fei smiled and said: “If I remember correctly, after ‘secondly’ comes ‘lastly.'”

Li Guozhong said angrily: “Isn’t this enough already?”

“Of course not.”

Zhang Fei frowned and said: “Those two previous conditions are not your atonement, nor are they your favor to us – they are what you should have been doing all along, your proper obligations. Thıs text ıs hosted at NoveI-Fire.ɴet

You’re using cessation of your illegal conduct as bargaining chips in negotiations with us, which is already extremely excessive, and yet you still complain – if that’s the case, there’s nothing to discuss.”

His posture suggested he was about to overturn the table.

Wang Zhu’s heart skipped a beat, and he hurriedly asked: “Then what other conditions do you have?”

Zhang Fei said: “Having Du Shaojing alone compensate five hundred thousand strings might be difficult for you to accept. How about this – you one hundred and eight people pool together one million strings as fines and compensation.”

Upon hearing this, Wang Zhu and Huang Zhi nearly slipped off their chairs.

Even Fan Li and Qiu Zhengwen trembled.

Just hearing that number was frightening!

Only Xu Zhiqian looked indignant, feeling their side was being too merciful.

Li Guozhong immediately said: “We absolutely will not accept this.”

Zhang Fei said: “Divided equally, it’s less than ten thousand strings per person – your clients can definitely afford it.”

“But everything must have basis.”

Li Lei said excitedly: “The reasons you stated in court are not ironclad evidence. If we were to litigate solely over compensation claims, we would not lose. Moreover, there are virtually no precedents of anyone making such compensation demands. Even if you represent the imperial court, does this mean the imperial court is different from others and can act arbitrarily?”

Zhang Fei frowned, showing some hesitation.

Li Guozhong immediately said: “One hundred thousand strings – that’s the only amount we’ll accept.”

Wang Zhu and Huang Zhi couldn’t help but feel secretly pleased – one hundred thousand strings divided among over a hundred people was less than a thousand strings each. Worth it, worth it, worth it.

“Impossible!”

Zhang Fei said: “It absolutely cannot be lower than the amount I stated in court – five hundred thousand strings.”

Li Guozhong said firmly: “You are a pen-in-cap – you must follow the law. This kind of compensation claim is not legal.”

Zhang Fei said: “If we were to litigate solely over this compensation claim, it would definitely not be less than five hundred thousand strings. The tenant farmers owe you money, yet you demand ten times the principal in interest. Using this as the standard, calculate interest on the taxes you owe and see if it amounts to this much.”

Li Guozhong glanced at Li Lei and Fei Ming – both kept their heads down in silence.

Li Guozhong then looked toward Huang Zhi and Wang Zhu.

The two exchanged glances, calculating that it would be about five thousand strings per person. Though this was no small sum – enough to buy a decent mansion in Bianjing – compared to Du Shaojing bearing five hundred thousand strings in compensation alone, it was much less.

It could only be considered cutting away a piece of flesh.

There was no choice. Though the other side held ironclad evidence, if this matter hadn’t implicated so many people, they wouldn’t even have had the qualification to negotiate.

They could only treat it as paying money to avoid disaster.

The two nodded to Li Guozhong.

Li Guozhong said: “This is the final condition.”

Zhang Fei nodded and said: “Of course.”

Li Guozhong said: “But we also have one condition – you must ensure that the Kaifeng Prefectural Office will not settle old scores again. This matter must be completely written off.”

Wang Zhu and Huang Zhi both nodded in unison, still shaken with lingering fear. That was close, so close – they had almost forgotten this matter. Fortunately, they had hired professionals.

This case straddled the line between criminal and civil matters, and the Kaifeng Prefectural Office had complete authority to reject their settlement.

Because the Kaifeng Prefectural Office itself had the power to pursue tax evasion.

Zhang Fei said: “Whether the Kaifeng Prefectural Office will agree, I cannot guarantee. We can first sign an agreement of intent to settle. If the Kaifeng Prefectural Office doesn’t agree, then we’ll see.”