DRHARM :: Volume #15 大法官

#421: Retrying a case


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Just now when Yang Fan speech, Chendong had not spoken. 方才杨帆说话时,陈东一直没有吭声。 This Chendong facing a younger generation and regulation layman's question, can calm down actually as before, because this is the custom. 这倒不是陈东面对一个小字辈兼律法外行的质疑,依旧沉得住气,而是因为这是规矩。 The statement of Yang Fan is to his question, no matter questioned impeaches, so long as the senior official presented that the opposite party was to the senior official said that spoke the words in the opposite party, before the senior official carried on the inquiry, he cannot refute immediately. 杨帆的陈述是对他的质疑,不管是质疑还是弹劾,只要长官在场,对方的话是对长官说的,那么在对方把话说完,长官进行询问之前,他是不能立即反驳的。 On imperial Hall is also this, if there is a censor to complain about you, you can only audit, even if he said is the absurd words that ficticious does not have from the start, before he said as well as the emperor questioned, you can only maintain peaceful, cannot the opposite party talk about half absolutely, you „” one jumped, got flushed in the face with anger starts to spurt the saliva with the opposite party. 朝堂上也是这样,如果有御史告你的状,你只能在一旁听着,哪怕他说的全是子虚乌有压根不存在的荒唐话,在他说完以及皇帝问话之前,你都只能保持安静,绝对不可以对方才讲到一半儿,你就“咻”地一下跳出去,脸红脖子粗地开始与对方对着喷口水。 registry time of Yang Fan statement, Chendong also in anxious thinking expression. 籍着杨帆陈述的时间,陈东也在急急思索措辞。 To this time, how he has not understood that Yang Fan has played the role of nearly one month of pig, must start to eat the tiger. Therefore Chen Dong's response is also extremely prudent. 到了此时,他如何还不明白杨帆扮了近一个月的猪,现在要开始吃虎了。所以陈东的反应也是极慎重的。 Chendong has thought carefully, arches to Cui Yuanzong cups one hand in the other across the chest saying: Vice minister, the lower official makes this ruling, if the list looks from the regulation, naturally is somewhat improper. However......, The lower official is in law Si Duonian, won't such article of law be how familiar? The lower officials make this ruling, is process thinks.” 陈东仔细思索了一下,向崔元综拱拱手道:“侍郎,下官做此判决,如果单从律法上看,自然是有些不妥。不过……,下官身在法司多年,岂会连这样的律条都不熟悉呢?下官作此判决,是经过深思熟虑的。” Cui Yuanzong shows a faint smile, said: You said!” 崔元综微微一笑,道:“你讲!” Chendong contemptuously glanced Yang Fan one, said: Legal principle theory of law nothing else but favor. This case is not a simple murder case, but is mother -in-law teaches the wife, gets rid too heavily, died to the person. Considered from the filial piety that kissing of parents, is bigger than kissing of couple. In this case, Chang Lin has been widowed, if kills his mother because of his wife, this does not rebel the instinct, is contrary to the filial piety. Often mother of Yuan forest not kills the heart, the actually wrong hand, in addition she is old, therefore the lower official sentences its crime to reduce first-grade.” 陈东轻蔑地瞟了杨帆一眼,说道:“法理不外乎人情。此案并非一桩简单的杀人案,而是婆婆管教媳妇,出手太重,致人死亡。从孝道考虑,父母之亲,大于夫妇之亲。此案之中,常林已经丧妻、如果因为他的妻子而杀死他的母亲,这不是悖逆天性,有违孝道么。况且常林之母原无杀心,实为错手,再加上她年事已高,故此下官判其罪减一等。” He smiled, superficially and added one: This case has reported Vice minister, since Vice minister approves lower official's ruling, believes that is also understands the lower official brought honor to the filial piety pains!” 他笑了笑,轻描淡写地又加了一句:“此案已经呈报侍郎的,侍郎既然认可下官的判决,相信也是明白下官弘扬孝道的一番苦心了!” Cui Yuanzong is caressing the beard, smiled impartially, changes Yang Fan, asked: Regarding Chen Langzhong the explanation, how Yang Langzhong thinks?” 崔元综抚着胡须,不置可否地笑了笑,又转向杨帆,问道:“对于陈郎中的这番解释,杨郎中以为如何?” Yang Fan tranquil tunnel: Lower official thinks absurdly!” 杨帆平静地道:“下官以为荒谬!” „?” “哦?” Cui Yuanzong hehe has smiled two, said: Said your truth to come!” 崔元综呵呵地笑了两声,道:“说出你的道理来!” Yang Fan said: Legal principle theory of law nothing else but favor, this point, Yang completely agreed. Advocates the filial piety, this point Yang fully approves of! However, the lower official thinks that concerns favor not to be equal to abusing the favor. Advocates the filial piety, cannot good filial piety be the name, makes on to do the day, under disobeys the humane matter. Otherwise, that is false filial piety!” 杨帆道:“法理不外乎人情,这一点,杨某完全同意。提倡孝道,这一点杨某更是完全赞同!然而,下官以为,关乎人情不等于滥用人情。提倡孝道,不可以行孝为名,做出上干天和、下违人道的事来。否则,那就是伪孝!” If the viewpoints, understanding of Yang Fan the legal principle theory of law were purely impossible to be over this to do Chendong of most lifetime in the judicial mouth, but spoke of the advantage of argument, he not in the least under the opposite party, the big hole that the opposite party dug down, dexterously was then circled by his a few words. 如果单纯地讲法,杨帆对法理的了解不可能超过这个在司法口干了大半辈子的陈东,不过说到口舌之利,他可丝毫不在对方之下,对方挖下的大坑,被他一句话便轻轻巧巧地绕过去了。 That that the opposite party digs down pit is filial piety. 对方挖下的那个“坑”就是“孝道”。 In addition looked that now all day shouting legal sanctity is inviolable, achieves? Puts for more than 1000 years ago what condition is? That is the pure rule by people society, power is big! But grasps these people of authority to place the heads of various virtue the filial piety. 另看现在整天嚷嚷法律尊严不容侵犯,做到了么?放到1000多年前又是一个什么状况?那是纯粹的人治社会,权比法大!而掌握着权力的这些人都是把孝放在诸德之首的。 If Yang Fan pretends to be the legal warrior, clamored any law to be inviolable, since the law stipulated that should sentence the death by hanging, the old woman cannot let off, he can tidy up went home, this lawsuit projected on front of Wu Zetian, he also gave up any idea of that won. Which important birth and death and does the maintenance of filial piety old shrew raise mourning clear? 如果杨帆硬充法律斗士,叫嚣什么法律不容侵犯,法律既然规定该判绞刑,那老妇就坚决不可以放过,那他就可以收拾收拾回家了,这场官司打到武则天面前,他也休想赢得了。一个老刁妇的生与死和维护孝道彰扬孝行哪个重要? Yang Fan said: From the confession of Chang young child, journey first wife not any mistake, the one who sparks lustful thoughts the design to cheat is the Pan man, the one who is addicted to gambling such as the life to be in the great debt is often forest, Ms. Chang Jia actually the venting anger daughter-in-law, unexpectedly while still alive kills an innocent woman!” 杨帆道:“从常家小儿的供词来看,程大娘子并无任何过错,见色起意设计坑人的是潘姓男子,嗜赌如命欠下巨债的是常林本人,常家老妪却迁怒儿媳,竟将一无辜妇人活活打死!” Here, in Yang Fan heart one miserable. 说到这里,杨帆心中一惨。 The homicide case that Ministry of Justice verified he was the day before yesterday attains, but this case was yesterday settles, in record and excluding this case that in he attained beforehand, he was knows that at this time this kind of homicide case, thinks the woman who seventh night of the seventh lunar month that late saw nursed a grievance unexpectedly innocently, was killed by the that mindless mother-in-law while still alive, the mood surged, was unassuageable. 刑部已经审核的命案他是前天拿到的,而这桩案子是昨天审结的,所以在他事先拿到的案卷里面并不包括这桩案子,他是此时才知道这样一起命案,想到七夕那晚所见的妇人竟然无辜含冤,被自己那不讲理的婆婆活活打死,心情激荡,难以平静。 Yang Fan cups one hand in the other across the chest saying: „ Vice minister, whether parents absolutely not can the crime, or have absolute power over somebody to the children? In my big week regulation, without this. The world is parents, that was says to the children. What this line of filial piety is Chang Lin, therefore, Chang Lin does not lift, that is the way things should be. Often the child of forest often lifts the grandmother to beat to death mother, is the way things should be. 杨帆拱手道:“侍郎,是否为人父母的就绝对不会犯罪,或者对儿女可以生杀予夺?我大周律法中,没有这一条吧。天下无不是的父母,那是对儿女说的。该行孝道的是常林,所以,常林不举告,那是人之常情。常林之子常之远举告祖母殴杀母亲,也是人之常情。 But this case is in the work places common people is moved by righteous indignation, considers in Fangzheng and Wu Hou, is registered the Luoyang mansion by them again, and its child often does not have coherent with Chang Lin. law Division is what is at? Why can Imperial Court set up law Division Yamen? Isn't manages the world injustice? Do not the wrongful treatment of solution resort to the folk in the law voluntarily, by Imperial Court also its justice? Chen Langzhong is not the son of that arbitrary old woman, he for whose line of filial piety of? Also by the life of Cheng wife, generous who indignance! ” 而此案是坊间百姓激于义愤,告于坊正和武侯,再由他们报到洛阳府的,与常林和其子常之远全无相干。法司是什么所在?朝廷为什么要设立法司衙门?不就是管理天下不平之事么?不就是要将民间不能自行解决之冤屈诉诸于法律,由朝廷还其公道么?陈郎中又不是那蛮横老妪的儿子,他是替谁行的孝道?又以程家娘子之性命,慷的何人之慨!” Yang Fan a sleeve Sheng, sound bang-bang, shakes the roofing tile: Therefore, the lower official thinks that Chen Langzhong pretends the name of filial piety, made to be driven to death after suffering an injustice innocently, locates unfairly, should retry a case!” 杨帆把袖子一盛,声音琅琅,直震屋瓦:“所以,下官以为,陈郎中假伪孝之名,令无辜枉死,处断不公,应予重审!” Being loud and clear that Yang Fan these words said that the final several characters have the sound of inscription on stone tablet and bronze faintly, the straight thrust will of the people. His words said that in the conference hall everybody changes countenance, in a piece of silencing, long time nobody makes the sound unexpectedly. 杨帆这番话说的掷地有声,最后几字隐隐有金石之音,直刺人心。他一番话说罢,议事堂中人人动容,一片静寂中,竟然半晌没人作声。 Crossed for a long time, Cui Yuanzong long inspired, sinking sound track: Chen Langzhong and Yang Langzhong cling to his own interpretation, this officer is not quite arbitrary. Like this, everybody mass discussion, this case...... Retries a case?” 过了许久,崔元综才长长地吸了口气,沉声道:“陈郎中与杨郎中各执一辞,本官也不好独断。这样吧,大家公议一下,此案……是否重审?” Chen Dong sits there, the surface holds to sneer, micro presently the color of disdaining. 陈东坐在那儿,面噙冷笑,微现不屑之色。 Yang Fan these words listen is very but actually touching, but on the scene is the official circle ups and downs many years of bureaucrat, is not the street civilian who these have not experienced, stirs up them one's blood bubbles up to the brim in a few words, the brains one becomes you to organize hotly. A government people, which speech management isn't character is placed advantage in middle first after careful consideration? 杨帆这番话听着倒挺感人的,可是在场的都是宦海沉浮多年的官僚,不是那些没有见识的街头小民,三言两语激得他们热血沸腾,头脑一热就任你摆布。官场中人,哪个说话办事不是先把“利”字摆在当中权衡再三? Will some people agree with the opinion of Yang Fan? 会有人同意杨帆的意见么? Yang Fan? That is any thing! Will some people brave to offend his risk to stand on the side of Yang Fan? 杨帆?那是什么东西!会有人冒着得罪他的风险站到杨帆一边? Chendong is casting aside the corners of the mouth gently, took up the table-top drinking glass, the water has heated, was not hot, he struck an attitude to blow several, then lifted gently the eyelid, has swept Yang Fan one lightly, the provocative flavor was extremely strong. 陈东轻轻撇着嘴角,拿起了案头的水杯,水已温了,并不烫手,他还是作势吹了几下,然后把眼皮轻轻抬起来,淡淡地扫了杨帆一眼,挑衅的味道极浓。 „!” “咳!” Sun Yuxuan coughs, said gently: Vice minister, looks according to the lower official, since this case also some disputes, might as well...... Re-trying first trial!” 孙宇轩轻轻咳嗽了一声,说道:“侍郎,依下官看,此案既然还有争议,不妨……再审一审!” Chen Dong was startled has been startled, somewhat surprisedly looked at his one eyes: „Does this person with no mind of his own, how have the opinion today?” 陈东怔了一怔,有些惊讶地看了他一眼:“这棵墙头草,今儿怎么有主见了?” Sun Yuxuan smiles, a face human and animals harmless expression, probably in appearance of mediation. 孙宇轩笑眯眯的,一脸人畜无害的表情,好象是在打圆场的样子。 On that day he has experienced the Yang Fan personal connection, he has planned clearly, at this time helped Yang Fan speak words, that gave opportune help to Yang Fan. If Yang Fan can to become Shi, his many friend many roads. 那天他已经见识到了杨帆的人脉,他已经算计清楚了,这时帮杨帆说句话,对杨帆而言那就是雪中送炭。如果杨帆能成势,他就多个朋友多条路。 Now Chendong is in the upper hand, if he stands on the side of Chendong, improves on perfection, turns head to trade Chendong good complexion at most, what can also result in? If helped Yang Fan mediate at this time, but Yang Fan has defeated, because this action definitely might as well the significance to Yang Fan be like that important to Chendong today , after is, is not quite harmonious, does not send extremely to enrage Chendong. 现在陈东是占着上风的,如果他站在陈东一边,也不过是锦上添花,顶多回头换陈东一个好脸色,还能得着什么?如果这时帮杨帆打个圆场而杨帆还是败了,因为今天这场举动对陈东而言完全不如对杨帆而言那般意义重大,也不过就是以后不太和睦而已,不致太过触怒陈东。 Yan Xiaojun with him is a plan, was only at heart slightly hesitant, was forestalled by Sun Yuxuan, he opened the mouth not to be impossible to look like Sun Yuxuan again appears the cloud poor business conditions was generally light, somewhat was annoying by the heart. Reason that he actually does not know Sun Yuxuan the advance start to talk, is actually because drinks the Yang Fan free liquor every noon, a little embarrassed hides in behind. 严潇君同他是一个打算,只是心里稍稍犹豫了一下,便被孙宇轩抢了先,他再开口就不可能像孙宇轩一般显得云淡风轻了,是以心中有些懊恼。他却不知孙宇轩之所以先行开口,却是因为每天中午都喝杨帆的免费酒,有点不好意思躲在后面。 He covered mouth throat throat to cough two, said to Cui Yuanzong: Vice minister, the human life concerns the day, the lower official thinks, prudent in order, re-trying examines well.” 他掩着口“吭吭”地咳了两声,也对崔元综道:“侍郎,人命关乎天,下官以为,慎重起见,再审审也好。” Except that Cui Yuanzong is Vice minister, presents altogether five doctors of Chinese medicine, now Yang Fan and Chendong have indicated the manner clearly, Sun Yuxuan and Yan Xiaojun agree to retry a case, in Goro in has three, skin two Ding did Buguan who is the agreement reexamines take a stand, this case has been doomed to retry a case. 除了崔元综是侍郎,在座一共有五个郎中,现在杨帆和陈东已经旗帜鲜明地表明了态度,孙宇轩和严潇君都同意重审,五郎中里就有三个是同意复审的了,皮二丁不管表不表态,这案都已注定要重审了。 Skin two Ding truly does not want to take a stand, he is Cui Yuanzong person, fighting of Yang Fan and Chendong, in his opinion is the dog bites the dog, who bit to death whom has not related, the best two people also finished. 皮二丁也确实不想表态,他是崔元综的人,杨帆和陈东之斗,在他看来就是狗咬狗,谁把谁咬死了都没关系,最好两个人同时完蛋。 Cui Yuanzong secretly has been actually startled: This Yang Fan, good method! When has won over Sun Yuxuan and Yan Xiaojun unexpectedly passes, with his brothers, I did not realize unexpectedly.” 崔元综心里却是暗暗惊了一下:“这个杨帆,好手段啊!什么时候竟然拉拢了孙宇轩和严潇君过去,与他同气连枝了,我竟毫无察觉。” Cui Yuanzong is raising secretly carefully, smiling tunnel: Such being the case, then this case retries a case!” 崔元综暗暗提着小心,笑眯眯地道:“既然如此,那么此案就予以重审吧!” Chendong has not thought that Sun Yuxuan and Yan Xiaojun help Yang Fan speak unexpectedly, after these two people with no mind of his own since Cui Yuanzong are in charge of Ministry of Justice, has hired oneself he, just their hiring oneself merely are obey Cui Yuanzong to arrange, does not drag Cui Yuanzong, has not taken the lead for Cui Yuanzong actually with has felt embarrassed, cannot think today...... 陈东没想到孙宇轩和严潇君竟然帮着杨帆说话,这两棵墙头草自从崔元综入主刑部以后就投靠了他,只不过他们的投靠仅仅是服从崔元综安排,不扯崔元综后腿,倒是从来没有替崔元综打头阵与自己为难过,想不到今天…… In Chen Dong heart thinks anxiously: Is it possible that Cui Yuanzong sees always cannot topple me, having a mind causes to drive the tiger to swallow the idea of wolf, uses Yang Fan with me for the enemy, he keeps aloof, from can profit from another's strife?” 陈东心中急想:“莫非崔元综见始终扳不倒我,有心使驱虎吞狼之计,利用杨帆与我为敌,他高高在上,自可坐收渔利?” The ear heard Cui Yuanzong saying that this case must send back to retry a case, Chendong was also hot, hard tunnel: Vice minister, Chen sentences, innately according. Yang Langzhong said that Chen begged to differ, even if this case the sending back retried a case, Chen so will rule!” 耳听得崔元综说此案要发回重审,陈东也火了,硬梆梆地道:“侍郎,陈某所判,自有所据。杨郎中所言,陈某不敢苟同,此案纵然发回重审,陈某还是会如此判决!” Cui Yuanzong smiling tunnel: Yang Langzhong already has the objection, naturally pays out Yang Langzhong to retry a case!” 崔元综笑眯眯地道:“杨郎中既有异议,自然发付杨郎中重审!” Chendong stares, in heart big regret: This old fox, seizes the chance to nip my one unexpectedly.” 陈东一愣,心中大悔:“这头老狐狸,竟也趁机咬我一口。” Cui Yuanzong from being in charge of Ministry of Justice, has not been short of by him is impeded, now has suspended him together, in the heart is greatly quick, then sets out to say with a smile: The time of good, today delaying were too much, agrees to stop. The remaining dossiers, next ten-day period reconsider.” Said that strokes the sleeve, got out of the way unexpectedly. 崔元综自入主刑部,没少受他掣肘,如今摆了他一道,心中大快,笑吟吟地便起身道:“好啦,今儿耽搁的时间太多了,合议到此为止吧。剩下的卷宗,下一旬再议。”说罢把袖子一拂,竟然走开了。 This old dog material, he is intentionally! Fights the war using Yang Fan with me, whom no matter who wins to defeat, he cleans up the aftermath!” “这老狗材,他是故意的!利用杨帆与我斗战,不管谁胜谁败,他来收拾残局!” Chendong returns to own office, immediately shouted abuse, these petty clerk alley difference stood outside the hall, the one who knew perfectly well him to scold was the alley hall, has to ship out an ignorant appearance. 陈东回到自己的公事房,立即破口大骂,那些书吏衙差站在外堂,明知他骂的是本衙正堂,也只好装出一副懵懂模样。 At this moment, Romania made the son run speedily, the matter that Chendong admitted defeat he naturally knew, appearance that but his unexpectedly beaming with joy. 就在这时,罗令一溜烟儿跑进来,陈东吃瘪的事他自然已经知道了,可他居然一副眉开眼笑的模样。 Doctor of Chinese medicine, the doctor of Chinese medicine, leaves important matter!” “郎中,郎中,出大事啦!” The Romanian command stands on tiptoes small broken step to gather near the Chendong ear, chirp chirp was cut by broken glass to whisper, Chendong was startled, pursues asks: Takes seriously?” 罗令踮着小碎步凑到陈东耳边,叽叽碴碴嘀咕了一番,陈东一怔,追问道:“当真?” Romania made the nod say: Absolutely true!” 罗令点头道:“千真万确!” Chendong scoffing smiles, cloudy sad tunnel: „To truncate my Chen's power and prestige with this case? What a pity the person calculates that is inferior to the day to calculate, now this case has become a hot sweet potato, you want to fling to me, I do not meet!” 陈东“嗤”地一声笑,阴恻恻地道:“想拿这件案子削我陈某人的威风?可惜人算不如天算,现在这桩案子已成了一块烫手的山芋,你想甩给我,我也不接了!” P: Asked the monthly ticket recommendation ticket honestly!( To be continued. If you like this work, welcome you to come to( home station) subscription, hits to enjoy, your support, is I biggest power.) P:诚求月票推荐票!(未完待续。如果您喜欢这部作品,欢迎您来(本站)订阅,打赏,您的支持,就是我最大的动力。)
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