Chapter 34: Splendor and Reality

  Xiao Jiading was very familiar with the content of the Tang Code, but he didn't specifically remember which article it was, so he picked up a copy of the Yonghui Code from the table and flipped through it, finding the article in question, which indeed matched his original recollection.

  According to the Tang Code, when an animal unilaterally injures another, the scope of compensation for infringement is different from that caused by mutual biting between animals. However, a verdict has been issued which confirmed the fact of mutual biting but applied the legal provisions for unilateral injury, resulting in either the clerk's examination of the facts being lax and the determination of the facts being incorrect, or the citation of the law being incorrect.

  If it is the former, it means that the clerk's responsibility for reviewing cases is not strong, and even basic facts are determined incorrectly; if it is the latter, it means that the clerk's legal literacy is not high. —— The Tang Code stipulates very clearly, why can't we still make wrong judgments? It can only be said that the clerks in the criminal house are not familiar with the basic provisions of the criminal law, let alone grasp the spirit and purpose of legislation.

  He stood up and walked into the house, coming before County Magistrate Kang's desk. He bowed his head and said: "County Magistrate Kang, I have a question to report to you."

  The county magistrate looked up at him.

  Xiao Jiading said, "I find that the draft verdicts we've prepared are too simple and lack relevant evidence and legal basis. If we hastily agree to them, it's possible that mistakes will be made in handling the case. Can't they revise them?"

  The county magistrate nodded and said, "Alright, you're the expert in this area. You take care of it for me. As long as it's for a thorough investigation, do whatever you think is best and just notify everyone."

  "Yes!" With County Magistrate Kang's words, Xiao Jiading felt at ease. He was about to report the errors he had found to County Magistrate Kang, but after some thought, he decided to first clarify things before reporting them all together. So he didn't say anything and took the already signed judgment out of the door, arriving at Deng County Wei's signing office.

  Deng Xianyu saw him and hastily stood up saying: "Xiao Zhiiyi has arrived, what are your orders?"

  "I dare not, I am here to convey the words of County Magistrate Kang. He said that criminal cases are of great importance and cannot be handled carelessly. Therefore, there are some work requirements, let me arrange them specifically. Would you please ask Xu Shifa from the Criminal Department, Dong Fazuo, and also have the county captain's assistant come, let's discuss it together. Is that okay?"

  "Alright! I'll call them right away."

  Deng County Wei ordered the attendants outside the gate to bring these people in. After they sat down, Xiao Jiading said: "According to the county magistrate's instructions, for future criminal cases, when reporting to the county magistrate for review, the entire case must be reported, that is, all the files and materials must be transferred with the case. At the same time, the content of the report must be detailed, especially the evidence related to conviction and sentencing, which must be listed one by one. Finally, the proposed handling opinions must indicate the specific legal provisions cited.

  When he said that, several people looked at each other in dismay. County Magistrate Deng looked at Xu Sifayou, obviously letting him speak first. After thinking for a moment, Xu Sifayou said: "The transfer of case materials is not a problem, I will go back and explain it to them. As for this judgment, it has always been written like this, now the executive wants to specify a new document format, this... , I'm afraid that if the case goes up to the prefecture, it will be rejected."

  The others also nodded one after another.

  Xiao Jiading had already thought of this problem. Cases above a certain level need to be reported to the prefecture or even the Grand Court, the Ministry of Justice for review. They will definitely not recognize this document format and will return it for retrial due to non-compliance with the format requirements. He said: "What I asked you to write is the verdict given to the county magistrate, which needs to be written like this. As for the final verdict used to close the case, you still follow your original format."

  Deng Xianyu nodded and said, "Xiao Zhīyī's meaning is that, in addition to the original document, another new document will be written separately, following the format he just mentioned."

  Xiao Jiading said: "That's right, this document can be called 'Trial Report', only used for handing over to the county magistrate for review, not included in the file, and not reported."

  Everyone let out a sigh of relief, and Deng Xianwei said: "Xiao Zhii's orders will be carried out..."

  "Not by my order," Xiao Jiading interrupted him, "This is the county magistrate's order, I'm just passing it on."

  They all knew that the County Magistrate did not understand criminal law, and if it were not for Xiao Jiading's suggestion, he would not have made such a request. However, what difference does it make? As long as the County Magistrate agreed or authorized Xiao Jiading to do so, his words represented the County Magistrate's decision. They all nodded in obedience to the County Magistrate's instructions.

  Xiao Jiading took out the verdict of the cattle dispute compensation case that had been signed by the county magistrate. He didn't say that the county magistrate had already signed it, but just read the verdict aloud and asked: "Does everyone think there's a problem with this case?"

  County Magistrate Deng listened and thought there was no problem, but he was old and worldly-wise, knowing that if there was no problem, Xiao Jia Ding would not have brought it up. So he put on a thoughtful expression. Xu Sifa, however, was a simpleton and a straightforward person who didn't know how to read between the lines, saying: "There's no problem. I think this is exactly how it should be judged."

  Dong Fazuo also echoed: "Yes, I don't think there's any problem either."

  Xiao Jiading's gaze turned to Xing XuZhong, the silent Deng County Wei's Zhixi, and said: "What does Xi think?"

  The general procedure for handling cases in the Tang Dynasty was as follows: after receiving the indictment, the criminal chamber would conduct a preliminary examination and decide whether to file the case. If it was decided to file the case, it would be reported to the county commander for approval. After the case was filed, a specific clerk from the criminal chamber would handle it, and if necessary, conduct investigations and questioning. Finally, a draft judgment would be drawn up, reviewed by the judicial officials of the criminal chamber, and then submitted to the county commander, who would review it and submit it to the county magistrate. The county magistrate would then hold a court session based on the draft judgment, and if he found no problems with it, he could make a ruling on the spot. If he found any issues, he could adjourn the court and deliberate further.

  So, since this case has been submitted to Xiang Ya's place, it means that after passing through the hands of County Wei, it must have also passed through the review of Xiang Ya's private assistant, Xing Xu Zhong. However, his opinion will not appear on the draft judgment, because he is only a private assistant to County Wei, and his written opinions on case handling are only submitted for County Wei to read, and are not written in the approval column of the judgment. Therefore, Xiang Ya did not see his opinion.

  Xing Zhīyī stood woodenly in front of him, seemingly unaware that Xiao Jia Ding was staring at him.

  Xiao Jiading withdrew his gaze and looked at the two Xu officials and Dong Fazuo in the prison: "Do you two have a copy of the 'Yonghui Code'?"

  "Yes, in the prison cell."

  "Could you bring it over for a second?"

  Dong Fazuo hastily ran back and fetched it, presenting it in front of Xiao Jiading.

  Xiao Jiading didn't answer, and instead said: "Trouble you to find the legal basis for your handling of this case and let me take a look."

  Dong Fazuo hastily flipped through it, and it was clear that he was not very familiar with the content of this "Yonghui Code". Such disputes were rare in the yamen, and it was not a common case. However, he was too unfamiliar with it, starting from scratch to find it, one article after another, such as Ming Li, Wei Jin, Zhi Zheng, etc. After half a day's effort, he still couldn't find it, and his head was sweating profusely.

  Xu Sifa next to him didn't help look for it, but it was clear that he also had some guilty conscience, because he also didn't know where this article specifically stipulated.

  Xiao Jia Ding had already flipped through the relevant laws before coming, so he knew where it was. He didn't say anything just to see how well the two prison officials understood the law. Now it seems they don't understand much.

  Xiao Jiading said: "Or else, go and call the clerk in charge of handling the case."

  Dong Fazuo hastily agreed and rushed out, soon returning with a man with a scar on his face, saying: "His name is Wu Donghai, he's the one handling this case."

  Wu Donghai looked at Dong Fazuo with a face full of impatience and said, "What's wrong?"

  Dong Fazuo said loudly: "Xiao Zhixi, let you find out the legal basis for your judgment in this case."

  Wu Donghai hummed a tune, and Lao Da impatiently took over "Yong Hui Law" and started flipping through it.

  He is even less familiar with the "Yonghui Code" than Dong Fazuo, and he slowly searches for it from the beginning. He muttered to himself: "Damn it, I remember seeing it somewhere, but I couldn't find it."

  Xu said with a glare: "What's wrong with you? How can you sentence without reading the law?"

  "I've seen it..."

  "I looked but couldn't find it?"

  "I... I remember it was decided like this..."

  Xiao Jiading thought to himself, if it was an error in the determination of facts, then he should be more familiar with the legal provisions and should have been able to quickly look up this article. However, now he couldn't find it, which shows that he is really not very familiar with the Tang law.

  If there is a problem with the ascertainment of facts, as long as it can be ruled out that there are other purposes, it is generally because there is a problem with the credibility of the evidence, which leads to errors in the ascertainment of facts. This varies from person to person, and different cases have different emphases for different trial judges, so the facts ascertained may also differ to some extent, especially in civil cases. This is not something to worry about, but if one is unfamiliar with the law, it can be a big problem, which can only show that this is an incompetent judge.

  This Wu Haichuan in front of us is probably just such a case.

  "So," said Xiao Jia Ding coldly, "in Volume 15, Stable Chapter, Article 206."

  Wu Donghai's expression was extremely awkward, and he quickly flipped to this article, took a quick glance, and said: "That's right, it's written like that: 'All dogs that commit suicide or injure others' livestock, the dog owner will compensate for the reduced price'"

  Xiao Jiading got angry and said coldly to someone who lacked self-awareness, "Is this case really like that?"

  "What's wrong with that? The cow hurt the horse, isn't it the same situation? Although it's said about dogs, other livestock should also be treated equally."

  "I didn't ask you that, I asked you, what is the situation with this case?"

  "The cows and horses of two families fought while grazing, resulting in the cow using its horns to gore the horse to death."

  "Was what you just read applicable to this case?"