Lin Gao Qiming

Chapter 2634 Franco-style litigation ([-])

Therefore, when formulating relevant laws, the Law Society had to make some compromises with the commercial customs of the 17th century, and made corresponding regulations on the commercial customs of this time and space in the form of judicial explanations.

From a legal point of view, it is difficult to say that these business practices are completely reasonable, but they have been deeply rooted in the hearts of the people for a long time, and the Law Society is unable to completely deny them all at once.Therefore, except for some business practices that obviously violate common sense, violate public order and good customs, and monopoly-style business practices, most other business practices are acquiesced.

Adhering to this principle, Liang Xinhu made a judgment

"According to folk business practices, the landlord can only unilaterally terminate the contract if there is arrears of rent, relocation of rent, or violation of public order. Due to the nature of the contract, it is not allowed to declare the termination of the contract. The habit of lease contracts in our country has always respected the ownership of the lender. If the borrower violates the contract and has any acts of obstructing public security, the contract should be terminated automatically. However, If the borrower has not violated the contract, and the landlord cannot unilaterally terminate the contract, otherwise it will not only be prohibited according to legal principles, but also according to customs and human feelings, it is absolutely unreasonable."

After the explanation was completed, the clerk of Guihuamin announced that everyone stood up, and Liang Xinhu picked up the gavel for the second time and slammed it down heavily: "...In summary, the plaintiff's claim has legal basis, and this court supports it. According to Article 230 of the Law of the People's Republic of China and Article 140 of the Civil Procedure Law of the Senate of the Great Song Dynasty, the judgment is as follows: 1. The defendant Zhang Cai was ordered to resume the house lease contract relationship with the plaintiff Chen Sanli; Within ten days from the effective date of the judgment, pay the plaintiff Chen Sanli the rental silver dollar of the past lease period and the interest of the same period, a total of 250 yuan. The interest is calculated according to the average loan interest of Delong Bank. The obligation to pay money shall be doubled in accordance with the provisions of Article [-] of the Civil Procedure Law of the Senate of the Great Song Dynasty, and the interest on the debt during the period of delayed performance shall be doubled. The plaintiff and the defendant shall each bear half of the four quarters of the litigation costs."

After the verdict, the defendant still showed an expression of dissatisfaction, while the plaintiff was satisfied.Some people in the audience whispered, and Zhang Jiayu vaguely heard: "This Australian is also very messy in judging the lawsuit!"

According to Zhang Jiayu's understanding, shopkeeper Zhang had done his utmost to benevolent and refunded the rent. Even if he refused to rent again, it would not be considered a breach of contract.On the contrary, Chen Sanli insisted on pestering him, so he was obviously a troublemaker.To follow his temper, he must first be given forty boards to "rectify the folk customs".

Most of the following lawsuits were similar to this one, most of them were trivial matters, and the biggest one was nothing more than a sales dispute, with a total value of less than a few yuan.Some of Liang Xinhu's verdicts made him think they were good and reasonable;However, Zhang Jiayu still has a relatively positive attitude towards the Australian judiciary. No matter what the sentence is, let alone whether it is reasonable or not, it is all in accordance with the law, and Liang Xinhu is obviously familiar with the law. .I guess this is called "professionalism".Apart from admiration, there is also some contempt secretly: Liang Xinhu is a veteran, but he is proficient in the way of subordinates, he is really willing to degenerate...

Cases go on trial, and some cases have simple reasons, but the verdict is given in a few words, and the relevant legal documents are issued on the spot. This is more efficient than the old yamen case, which went back and forth for ten days and a half months, involving many people to "testify" It's much more convenient.In addition to the money and legal fees for asking someone to write a complaint, there is no need to spend various inexplicable "fees".It is indeed a good thing for the people.

Liang Xinhu had been interrogating for more than two hours, and felt tired, so he asked Yuchi Ganggang to preside over the interrogation, and went back to rest by himself.But he didn't take a complete rest, but listened to the trial process in the loudspeaker all the time.Make some notes in a notebook from time to time.

No matter how many laws and cases you talk about, you can't improve as quickly as going to the law to try a case in person.Among all the cadres under the Senate system, judicial cadres are the most difficult to train, and they cannot be let go for "internship".Judiciary not only "human life is at stake", but also plays a leading role in social morality.The impact of a case on the entire social order is immeasurable.This is why Liang, Shen and others still have to "hand in hand" so far.

Although Huang did not come for a divorce, there were several similar cases involving the rights and interests of women and children, which were considered family disputes in the past.This is Liang Xinhu's key trial case, one of which is a property dispute case.The reason for the case is that the old man has no children, only a few daughters.After getting old, several daughters and sons-in-law took turns to provide for the elderly, but after the death, the nephew of the family occupied the property of the old man with the support of the elders in the clan.

Naturally, they came to prosecute because of "superior advice."Every time Liang Xinhu went to trial, he had to set up a few "typical cases".

Such cases of property disputes also existed under the Ming Dynasty in the past.Generally speaking, officials often make judgments in a peaceful manner: set aside part of the property to belong to the daughter and son-in-law, and the bulk belongs to nephews or relatives in other clans.But this time, according to the "Civil Code", the daughter inherits all the property as a direct relative, let alone the nephew of the family, even the nephew cannot inherit.

Judgment, the audience was in an uproar.Even Zhang Jiayu was very surprised: in his opinion, the old man has no children, and it is only natural that the family members inherit the property after death.The daughter and son-in-law performed filial piety to the elderly on weekdays, so it is in accordance with the law of nature and human nature to share some floating wealth as appropriate.What's more, these families are not poor and poor.Wouldn't this be encouraging foreign surnames to eat their own families!

These days, he has vaguely felt that Australians have great hostility towards the old clan system.Whether it was the attempt to persuade the woman to divorce (unsuccessful), or the judgment of this property dispute case, they all declared to the people that the Senate did not recognize the clan's dominion over the clan's personal and property.

As long as you have read a few more books by various schools of thought, you will naturally understand where the Australians' hostility to the clan comes from.It is no wonder that the local gentry are going to be enemies of the Senate.Zhang Jiayu's mood at the moment is very complicated. From the heart, he came to "undercover".As long as those big households at both ends of the first mouse have seen the behavior of the Australians, they will naturally understand who is their enemy.However, Australians spare no effort to protect the interests of the people, and it is not an exaggeration to say that they have learned the way of "benevolence".

The assize trial was in full swing, and everyone knew it in all directions.This is what Zhang Xiao wanted.Early in the morning of the third day, before dawn, a specially formed search team was ready to go.

"Jiayu, you also set off with the team." Before leaving, Zhang Xiao suddenly sent someone to give him an order.

Zhang Jiayu didn't know that there was such an arrangement, and when he heard that he was going to go with the team to check, he couldn't help panicking.He knew very little about the layout of Chen Ziren and others, and he didn't know what the layout was in Jiujiang.Last time Zhang Xiao mentioned that the Zhu family was suspected of making gunpowder privately, and he already suspected that this was a "Gunpowder Bureau" secretly arranged by Chen Ziren and others.

Although no illegal objects were found at the time of the search, Chief Zhang obviously suspected that he had gone to Zhu's house.Originally, he wanted to warn Chen Ziren and others, but he was beside Zhang Xiao, and his words and deeds were under the eyes of the thief. Not only could he act rashly, but he would put himself in first.What's more, nothing in the way was found.

The Australians suddenly wanted to search today, but they found some clues somewhere.If they find out something in the way and implicate a group of teachers and friends, wouldn't it be a big deal...

In a moment, more than a dozen thoughts had turned in his mind, but at this moment he could only force himself to be calm, even claiming it was true.

When I came to the camp, I saw that the sword-drawing team accompanied by Zhang Xiao's guard had already assembled. Zhang Jiayu had followed Zhang Xiao for a long time, and knew that this was the sword-drawing team. There must be something big happening when the mission is out.

He saw that Mo Yu, the director of the police station at Jiujiangxu, was also among them—could it be him who led the team?But look again, the man commanding there is wearing an ordinary "cadre uniform" without any badges on it, so it's hard to tell what his origin is.

However, both Mo Yu and Corporal Matsumuraemon of the sword drawing team treated this man with respect and respect, as if a subordinate treated his superior.

Looking at Zhang Jiayu, this person is about 30 years old, with a very raw face, not Zhang Xiao's entourage, nor a local cadre.But his expression is sharp and his eyes are piercing. Although he is not tall, but his body movements are powerful and powerful, it is obvious that he is a practitioner with kung fu.

This person is probably the "steamed bun" staff of the Australians.Zhang Jiayu has heard his name for a long time, although he doesn't understand what it means, he also knows that this is an Australian factory guard who specializes in detecting all kinds of rebels.Even if you are a "veteran", when you hear the word "steamed buns", you will often show a look of worry.

The last time I went to Zhu's house for an inspection, Mo Yu was the only one leading the team.This time, it was the factory guards who sent someone to supervise them, apparently they had some important news.

I saw Zhang Xiao talking to this person in a low voice.This person shook his head repeatedly, but Chief Zhang seemed to be insisting on something.After a while, the man finally nodded...

He was thinking about this pantomime scene, but He Ning came over and brought him an Australian outfit.

"What are you doing with this? I'm not used to it..."

Even if he sacrificed his reputation for being an undercover agent, he would definitely not do these two things.

"You idiot! This mission is going to be done by land, not by boat! You'll be wearing this Laoshizi gown and cloth shoes, and the fields will be covered in mud after a while! You won't even be able to walk!"

(End of this chapter)