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Chapter 860 Hai Rui¡¯s Theorem

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    In the second hall of the governor's office.

    Niu Qianshi and others listened to Hai Rui's eloquent remarks and couldn't help but smile bitterly and said: "What Zhongcheng said is right, but the villagers have their own reasons for the villagers' wishes. When unruly people file lawsuits, they are only willing to gain advantages and do not want to suffer losses.  If they can't make any profit at all, they will definitely continue to make trouble. If they can't win the trouble locally, they will sue the government and even Nanjing, which will cause big trouble."

    "You're calling the head of the administration careless! Although 'He Xi Ni' can stop the lawsuit for a while, it actually corrupts the people's morals and encourages unruly people to file lawsuits!" Hai Rui shook his head decisively:

    "Those unreasonable people will be happy to find that those who are unreasonable but dare to mess around can gain half of the benefits for free. As long as the other party makes trouble, the unreasonable people will offend half of the people, and they will be happy to find that they can make a profit by filing a complaint.  After getting rid of the government's "harmful" mentality, they will naturally flock to it, which is why thousands of people often file complaints together!"

    When everyone heard this, they were suddenly surprised. It turned out that Hai Gong knew very well that many of the people who came to complain were unscrupulous people who wanted to fish in troubled waters!

    "So only by making unambiguous and fair judgments in accordance with the law and making the unfaithful people unprofitable can we suppress the phenomenon of unfaithful lawsuits and reverse the cunning and litigious folk customs in Jiangnan!" Hai Rui continued: "It won't take long.  , the number of speculative lawsuits will be greatly reduced.¡±

    "The Prime Minister is wise." Everyone praised in unison. No matter what the effect was, at least it sounded reasonable.

    Of course it works, because this is the famous ¡®Hai Rui¡¯s Theorem 1¡¯ in later legal circles!

    ??~~

    Hai Rui continued to preach to his subordinates:

    "But as Commissioner Wang said, even if the two parties are equipped and five hearings and three hearings are in place, it is inevitable that there will still be some cases that are difficult to resolve based on the facts. What will happen?"

    The so-called "both parties are present" means that both the original and the defendant must be present during the court hearing.

    "Five hearings and three interrogations" are methods other than punishment.

    "Five listening" means, 'Watch the person's speech, if it is not straight, it will be annoying', 'Watch the color, if it is not straight, it will be confused', 'Watch the breath, if it is not straight, it will be breathless', 'Watch the listener, if it is not straight, it will be confused'  , 'Look at his eyes, if they are not straight he will be at a loss', which are the five types of hearing, hearing by color, hearing by breath, hearing by ears and hearing by eyes.

    As for the three hearings, it means that you cannot listen to one side, but you must listen to the testimony and evidence of both the original and the defendant, as well as witnesses.

    In addition, torture can also be used in criminal case trials.  However, civil cases usually do not impose penalties, so if five hearings and three interrogations yield no results, you will basically be caught 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.  In fact, time is wasted on making peace. As long as the judgment is impartial, it will be effortless.

    The real waste of time is those cases where the mother-in-law is right and the public is right, and they are old and difficult to obtain evidence.  No matter how these cases are judged, they are justified, but no matter how they are judged, they will not satisfy everyone.  In order to get the plaintiff and defendant to reach a compromise, the presiding officer has to spend several times the time and energy, but often fails to achieve a compromise.

    "I wonder what Zhongcheng has to say about this?" Niu Qianshi and others asked hurriedly.

    "This kind of ambiguous litigation must be treated differently according to the type of case." Hai Rui said like Hong Zhong:

    "Whenever there are two options in a lawsuit, it is better to submit to a younger brother than to an elder brother; to submit to a nephew than to an uncle; to submit to a wealthy person than to submit to a poor person; to be stubborn than to submit to a foolish and straightforward person."

    After a pause, he said one word after another: "The matter is about fighting for property. Rather than subjugating the small people, I would rather submit to the local eunuchs to save the disadvantages; the matter is about fighting for appearance. Rather than subjugating the local eunuchs, I would rather subjugate the small people to save the body!"

    This is the so-called ¡®Hai Rui¡¯s Theorem 2¡¯.

    According to experience, the party with a higher social status usually occupies more economic assets.  The party with a low social status is often also the relatively poor party.

    Therefore, Hai Gong proposed that in an ambiguous economic dispute, the party with a lower social status should be taken care of; but in an ambiguous moral dispute, the party with a high social status should be taken care of.

    Hai Rui explained in a deep voice: "The damage caused to the rich by awarding ten taels of silver to the poor is less than the damage caused to the poor in the opposite verdict. If the poor get ten taels of silver, one more family in Jiangnan will be able to feed and clothe themselves.  One year. The rich man received ten taels of silver, which was not enough for him to pay for a meal. Therefore, in times of dilemma, it would be more beneficial to the Ming Dynasty to award property to the poor."

    "And the court relies on the squires to maintain the rural people, so damaging their reputation has a greater negative impact on the court than harming the common people. Therefore, when there is a dilemma, we must try our best to maintain the dignity of the squires."

    After Hai Rui finished speaking, he looked at the crowd and said, "To put it bluntly, give face to the poor and give face to the rich. But remember, it is under the premise of impartial judgment and there is still an dilemma. Now that this court has finished speaking, what do you think?"

    "Zhongcheng Gaozhi"??We are sincerely convinced.  "Niu Qianshi and others' eyes lit up, and they couldn't help but praise him. They said that Hai Gong not only has strong practical ability, but also has a very high theoretical level.

    "Then let's do this." Hai Rui slapped the table and said, "Quit!"

    ??~~

    After all the subordinate officials had retired, Niu Qianfang stepped forward and said softly: "The high-level comment from the Prime Minister is truly enlightening. However, after thinking about it over and over again, I still feel that it is a bit easy to provoke material criticism."

    ???????? Ever since Hai Gong asked him who his master was, Niu Qianshi seemed to consider himself a confidant.

    "How do you say it?" Hai Rui used the little time before going to the office to wash his face with cold water to keep himself awake.

    I saw him taking off his official robe and wearing only a snow-white midfielder. He soaked a cotton towel with cold well water and then applied it on his face.

    It makes people shiver just looking at it.

    Niu Qianshi shuddered and said: "Zhongcheng said it was to give face to the small people and the squires. But we have calculated that nine out of ten cases are property disputes, and the remaining one or two percent are not many small ones.  The people argue with the gentry about their appearance."

    "There are still some." Hai Rui took off the cotton towel on his face and said refreshed: "Yesterday, this court tried a case."

    "Uh" Niu Qian asked seriously, "Isn't this a lie?" He hurriedly said softly: "That's also pitiful. On the contrary, in property dispute cases, due to the old age or lack of evidence, there are a large number of disputes that cannot prove the original property rights.  But cases, so situations that benefit ordinary people will definitely appear frequently."

    As he spoke, he lowered his voice and said: "So it is difficult for the squires to think that Zhongcheng is a bowl of water. I am afraid they will still say that Zhongcheng intentionally wronged the squires."

    "Let them talk if they like." Hai Rui said nonchalantly: "Compared with the injustices that ordinary people have suffered over the years, it is nothing worth mentioning."

    Niu Qianshi couldn't help but secretly smile bitterly, Haigong was indeed determined to hoe the strong and help the weak.

    ??~~

    With Hai Rui¡¯s guidance and supervision, the nine interrogators began to work hard on the case.

    After working overtime, I finally completed the daily tasks assigned by Hai Gong.

    ps. The "Hai Rui's Theorem" in "XX Fifteen Years" was taken out of context, and only part of Theorem 2, that is, six differential protections.  It is easy to say that there is no Theorem 1. It may be that the author is not good at studying.  However, Theorem 2 also lacks an important premise, that is, "Only when the two parties have met, five hearings and three hearings, and the lawsuit is still ambiguous, the six different protections will be used to decide the case." I don't know what the intention is.  (Remember the website address: www.hlnovel.com
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