Chapter 29 Hai Rui's Theorem
In the second hall of the Governor's Office.
Niu Qianshi and others heard Hai Rui's high argument and couldn't help but smile bitterly: "Zhongcheng is talking about the truth, but the reason why the village is willing to have their own wishes. When the unruly people sue, they are only willing to make money and do not want to suffer losses. If they can't make money at all, they will definitely continue to make trouble. If they can't make money locally, they will sue the mansion and even Nanjing, which will be a big trouble."
"You are just talking about your head and not caring about your butts! Although the 'harmony' can stop the lawsuit for a while, it actually corrupts the customs of the people and encourages the unruly people to sue them!" Hai Rui shook his head flatly and said:
"Those unruly people who see that they are obviously unreasonable but dare to make trouble can actually make half of their profits. Whenever the other party makes trouble, they will offend half of their profits and will be happy to find that they can make a profit by complaining about the trick. They have figured out the mentality of the government's "missing" and naturally flocked to them, so the current evil consequences of thousands of people suing each other!"
When everyone heard this, they suddenly realized that Mr. Hai knew very well that among the people who came to complain, there were many unruly people who wanted to take advantage of the situation!
"So only by making unambiguous and fair judgments in accordance with the law and making the unprofitable people unable to make money can we suppress the phenomenon of suing the slander and reverse the treacherous and litigious people in Jiangnan!" He then listened to Hai Rui and continued: "It won't take too long to make the number of speculative lawsuits greatly reduced."
"Zhongcheng is wise." Everyone hurriedly praised. No matter how effective it is, at least it sounds quite reasonable.
Of course it works because this is the famous "Hai Rui Theorem 1" in the later legal circles!
Hai Rui continued to preach to his subordinates:
"But as Member Wang said, even if there are two things, five or three news, there are still some cases that are difficult to decide. What will happen?"
The so-called "two-made possession" means that when the court is handed over, both the plaintiff and the defendant must be present.
‘Five listening and three news’ is a means of trial in addition to punishment.
The “five listening” means “watch the words, if you are not straight, you will be upset”, “watch the colors, if you are not straight, you will be embarrassed”, “watch the breath, if you are not straight, you will be panting”, “watch the listening, if you are not straight, you will be confused”, “watch the eyes, if you are not straight, you will be confused”, which is five kinds of words, colors, breath, ears, and eyes.
As for the three news, it means that one party cannot listen to one party in a partial way, and that it must listen to evidence of testimony from both the plaintiff and the defendant.
In addition, torture can be used for trial of criminal cases. However, civil cases are usually not punishable, so if you hear the five or three hearings, you will basically be blind...
Everyone nodded quickly. In fact, under normal circumstances, most cases are easy to hear, and the right and wrong are clear at a glance. Time is actually wasted on mixing, and as long as the judgment is impartial, it is no trouble.
What really wastes time are cases where mothers say that the mother is right, the mothers say that the mothers are right, and that is old and difficult to obtain evidence. No matter how they are judged, these cases are reasonable, but no matter how they are judged, everyone will not be satisfied. In order to allow the plaintiff and defendant to reach a compromise, the presiding officer has to spend several times of time and energy, and often cannot lose it.
"I wonder what the Chief Secretary has to say about this?" Niu Qianshi and others asked hurriedly.
"For such two-possible lawsuits, we must distinguish them according to the type of case." Hai Ruisheng said:
"Whether the two litigants of lawsuits are to be more ruthless than his brother, to be more ruthless than his uncle, to be more ruthless than his nephew; to be more ruthless than his poor people, to be more ruthless than his foolish people."
After a while, he said word by word: "Things are about competing for property. Instead of being a small person, you would rather be a village official than being a village official to save the bad; when things are about competing for appearance, you would rather be a village official than being a village official to preserve your body!"
This is the so-called "Hairui Theorem II".
According to experience, the party with a higher social status often occupies more economic assets. The party with a lower social status is often also the party with a relatively poor one.
Therefore, Hai Gong proposed that in economic disputes between the two parties, the party with a lower social status should be taken care of; but in disputes between the two parties, the party with a higher social status should be taken care of.
Hai Rui explained in a deep voice: "The damage caused to the rich by 10 taels of silver to the poor should be less than the damage caused to the poor in the opposite judgment. If the poor get ten taels of silver, the more family in Jiangnan can eat and spend a year. The rich get ten taels of silver, which is not enough for him to pay for a meal. Therefore, when both are at odds, it will be more beneficial to the Ming Dynasty to judge the property to the poor."
"The court must rely on gentry to maintain the rural people, so damaging their reputation will have a greater adverse impact on the court than on the common people. Therefore, when both are at ease, try to maintain the decentness of the gentry."
After Hai Rui finished speaking, he looked at everyone and said, "To put it bluntly, give the poor people a favor and give the rich people a face. But remember that it was a fair judgment and still had bothered. After this court finished speaking, what do you think?"
"I am convinced by the Chief Chief." Niu Qianshi and others' eyes lit up and they couldn't help but like it. They thought that Hai Gong not only had strong practical skills, but also had high theoretical level.
"Then let's do it as it should." Hai Rui slapped the table and said, "Get out!"
After the officials of all the subordinates retreated, Niu Qianshi stepped forward and whispered: "The Chief Chief is so enlightened, but the officials are thinking about it, but they still feel that it is easy to provoke advice."
Since Duke Hai asked him about Taifu, Niu Qianshi had regarded himself as a confidant.
"How to say it?" Hai Rui used the time before the opening of the court to wash his face with cold water to keep himself awake.
I saw him remove his official robe, wear only a snow-white mid laner, soak the cold well water with a cotton towel, and then apply it to his face.
It makes people shudder when they look.
Niu Qianshi shivered and said, "Zhongcheng said it was for the people and the gentry to give face to the people. But we have calculated that most of the ten are cases of property disputes, and the remaining 10% or 20% of the people are not much of the people and the gentry to argue with each other."
"There are still some." Hai Rui took off the cotton towel on his face and said with a refreshing look: "I reviewed one yesterday."
"Uh..." Niu Qianshi thought to himself that this is not a trick, so he hurriedly said softly: "That's very rare. On the contrary, in cases of property struggles, because of the age of time or lack of evidence, there are a large number of cases that cannot prove the original property rights, so situations that make common people profit will definitely occur frequently."
As he said that, he lowered his voice and said, "So it is difficult for the gentry to think that Zhongcheng is just a bowl of water. I am afraid he will still say that Zhongcheng intends to aggrieved the gentry."
"If you like, let them say it." Hai Rui said indifferently: "It's not worth mentioning compared to the grievances that the common people have suffered over the years."
Niu Qianshi couldn't help but smile bitterly, and Mr. Hai really made up his mind to help the weak.
With Hai Rui's guidance and supervision, the nine questioners began to work hard to investigate the case.
After working overtime, at least he completed the daily tasks assigned by Hai Gong.
Chapter completed!