I am Emperor Wanli
Chapter 758: Cabbage, Sheep Eat Dogs
Chapter 758: Cabbage, Sheep Eat Dogs
"Yang Kaitai, a native of Wuxi, Changzhou County, was a juren in the 43rd year of Jiajing. He was once selected as the chief clerk of the county, but was implicated in the three major cases in Jiangnan and was dismissed from his post.
Later, he simply went into business, traveling all over the country, trading agricultural and sideline products such as cotton and soybeans.”
Shu Youliang introduced the situation of the plaintiff and the defendant.
Leon listened quietly, lowered his head and translated to Marcelo.
"Gou Shide was a native of Changshan, Quzhou County. In the 41st year of Jiajing, he joined the army to suppress the Japanese invaders. Later, he followed the Duke of Laiyang to the north to fight against the northern barbarians. He was awarded the title of Zhuguo for his meritorious service and was given 1,200 mu of land in Shitang, Haimen, Tongzhou, which was incorporated into the Jiangsu Agricultural Reclamation Company of the Agricultural Reclamation Bureau Group.
In the third year of the Longqing reign, he was transferred to the Coastal Defense Branch of the Jiangsu Military Preparations Department and served as the commander of the Jiangsu Coast Guard Defense Second Regiment.
In recent years, Jiangsu Agricultural Reclamation Company has vigorously developed cotton and soybean planting, and Gou Shide's fields have made a lot of money. But who doesn't want to make more money?
In the first year of the Wanli reign, Gou Shide handed over part of the cotton and soybeans he earned from the land under his name to the agricultural reclamation company for unified sales, and sold the rest to middlemen himself.
Especially in the third year of Wanli, the largest agricultural and sideline products trading market in the Ming Dynasty, the Shanghai Agricultural and Sideline Products Trading Bureau, set up a cotton and soybean futures exchange. When closing positions every month, physical delivery was required. The prices soared and plummeted, which became an opportunity to make a fortune in the eyes of many people. "
Trading Bureau, I roughly understand what it means, it should be similar to a market.
What does a futures exchange do?
Closing a position, what is physical delivery?
Can you say something we can understand?
Leon asked carefully: “Master Shu, what is the futures exchange?”
Shu Youliang answered simply: "Don't ask me! I don't know either."
In my humble opinion, it is just a big gambling house. The gambling is not about dice and card games, but cotton and soybeans. The winnings and losses are still money. As for how to gamble, I don't know. But I advise you not to go there. That place is evil. Many people have gone there and lost everything.
The year before last, India had a bumper cotton harvest, which directly drove down the price of cotton here. Many long-term gamblers had to queue up to jump into the Wusong River. "
Leon was puzzled, Mr. Shu, do you understand or not?
You spoke very clearly and even explained what to do more. Do you really understand or are you just pretending to understand?
Marcelo was not interested in these for the time being. He wanted to understand the ins and outs of this case so as to understand the Ming Dynasty’s judicial system and the “rule of law” that could be seen everywhere.
Marcelo pulled at Leon's clothes and gave him a wink.
Leon understood, and quickly said: “Master Shu, it’s okay, please continue to introduce this case.”
"Okay. Just now I mentioned that Gou Shide sold the cotton and soybeans produced by his fields to the Shanghai Futures Exchange. He took advantage of the skyrocketing prices to make huge profits twice, and he couldn't stop himself and was thinking about this opportunity to make a fortune.
Yang Kaitai's cotton and soybean business had some connection with the Shanghai Futures Exchange. He had helped Gou Shide sell cotton to the exchange and made a lot of money.
In the autumn of the fourth year of the Wanli reign, soybeans and cotton had good harvests. Gou Shide sent someone to find Yang Kaitai, and gave him 100,000 kilograms of his cotton and 100,000 kilograms of soybeans, to sell to the Shanghai Trading Bureau, agreeing to sell them for 16,000 yuan. The excess was Yang Kaitai's profit.
Yang Kaitai hired vehicles and boats and with great difficulty transported the cotton and soybeans to the warehouse of the Shanghai Trading Bureau. As a result, the price of cotton plummeted, and it was impossible to sell it for even 12,000 yuan, let alone 16,000 yuan.
The two had a conflict. Gou Shide said that Yang Kaitai had embezzled his money, but Yang Kaitai said it was due to market price fluctuations and he was not to blame. Gou Shide first reported Yang Kaitai to the Huzhou Procuratorate, saying that he had embezzled and violated the contract.
After receiving the report, the Procuratorate and Court designated the Economic Police Brigade of the Shanghai Municipal Police Bureau to investigate.
Leon couldn't help it, and took advantage of the gap between Shu Youliang's words to interrupt and ask: "Master Shu, why did Gou Shide go to the Procuratorate to report Yang Kaitai?"
"The most important responsibility of the Procuratorate is to exercise the power of the procuratorate and the court, prosecute crimes, maintain the security and social order of the Ming Dynasty, safeguard the legitimate rights and interests of individuals and organizations, safeguard national interests and social public interests, and ensure the correct implementation of the law.
Well, the power of prosecution is to supervise and inspect the compliance and implementation of the law.
Gou Shide is worthy of being the head of the Coast Guard Defense Group. He has received legal education and knows the delicate relationship between the procuratorate, the courts and the police. "
With his head buzzing, Leon forced himself to ask, “Master Shu, what is the subtle relationship?”
“Generally, people report crimes to the police station, but for this kind of economic dispute, the police station will most likely not file a case, but will only ask the two parties to mediate or ask the parties to file a civil lawsuit.
However, it is different when you report a case to the procuratorate or court. As long as the charges are well thought out, such as infringement of other people's legal property, professional crime, embezzlement or bribery, the procuratorate or court will most likely file a case.
Once the procuratorate files a case, the police department must send someone to investigate the case and give a formal explanation to the procuratorate, no matter how troublesome or reluctant it is. "
Leon and Marcelo looked at each other, as if they understood, but also as if they didn't quite understand. But they were too embarrassed to ask, so they had to ask another question.
"Master Shu, what is the Economic Police Brigade?"
"The police department maintains local public order and investigates criminal cases, which are divided into criminal crimes, economic crimes, and land and water transportation crimes. In addition to the maintenance of local public security, the business departments of the police agency are divided into criminal investigation teams, economic police teams, traffic teams and public security departments.
Of course, the general county-level police department only has two business departments, the Criminal Investigation Team and the Public Security Department."
Seeing that the two men had their mouths slightly open and could not ask any other questions, Shu Youliang continued to talk.
"The Shanghai Municipal Police Bureau received a letter from the Procuratorate and the Court, and the police immediately filed a case and summoned Yang Kaitai. Yang Kaitai protested that he was innocent, saying that the 16,000 yuan was just an estimated sales income based on the market price in the third year of the Wanli reign.
The actual sales revenue must follow the market, which is well known. The police team went to the Shanghai Agricultural and Sideline Products Trading Bureau and the Futures Exchange to verify that the delivery price at the end of September in the fourth year of the Wanli reign had indeed plummeted by more than 40% compared to the third year of the Wanli reign.
Yang Kaitai sold the cotton and soybeans entrusted by Gou Shide at the market price and actually earned 11,370 yuan, as evidenced by the bank statements.
Yang Kaitai considered himself unlucky and transferred all the payment for the goods to Gou Shide, even the travel expenses of more than 1,000 yuan and other miscellaneous expenses were all charged to himself.
But Gou Shide refused to give in and insisted that Yang Kaitai had signed an oral purchase contract with him, offering a price of 16,000 yuan and agreeing to pay after he shipped the goods to Shanghai for sale.
One said it was a sale on behalf of another, and the other said it was an acquisition. Neither of them had an actual written contract, only verbal contracts.
After the police asked, it turned out that Gou Shide said that signing a written contract requires registration at the registry office and stamp duty, although not much, but although the fly leg is small, it is still a piece of meat. Yang Kaitai thought that Gou Shide had a meritorious title and was also the commander of the coastal defense force, so he was trustworthy, so he did not sign a contract, but only made a verbal agreement. In the end, each party had his own reasons.
After listening to Leon's translation, Marcelo was a little confused at first. This case was a bit long and winding. But after coming to his senses and thinking carefully, the inside story was not complicated. If he were to judge the case himself, he would immediately determine that Yang Kaitai was not guilty without saying anything.
Such cases would continue to linger in the Ming Dynasty for a long time and cause a lot of uproar. Their so-called rule of law was just that.
Marcelo felt a little disdainful.
Shu Youliang continued: "After the police team investigated and closed the case, the files were handed over to the procuratorate. The procuratorate replied to Gou Shide, saying that according to the civil procedure regulations, whoever makes the claim must provide evidence.
Gou Shide claimed that Yang Kaitai had offered to buy his cotton and soybeans, so he had to produce actual evidence. However, Gou Shide could not produce any, not even supporting evidence.
Yang Kaitai claimed that he was only commissioned by Gou Shide to sell on behalf of others in Shanghai. Although there was no actual evidence, he provided a series of supporting evidence, including Yang Kaitai's transaction orders in the first three years of his time at the Trading Bureau; and the sales contracts Yang Kaitai signed with other clients in the first, second, and third years of the Wanli reign, including other landowners belonging to the Jiangsu Agricultural Reclamation Company.
Based on the above, the Procuratorate and the Court determined that the relationship between Yang Kaitai and Gou Shide was a sales agency relationship as claimed by Yang Kaitai, not a bidding purchase relationship as claimed by Gou Shide. At the same time, Yang Kaitai did not use any illegal means such as fraud or favoritism in the process of selling the goods entrusted by Gou Shide.
The Huzhou Procuratorate formally rejected Gou Shide's report. Yang Kaitai did not commit any illegal acts and will not be held accountable. The case is closed."
Marcelo snorted after listening to the translation.
It’s just as I predicted, why make it so complicated?
I’m so full!
Shu Youliang continued, "Gou Shide received the official document from the Huzhou Procuratorate and Court, and was very unwilling to accept it. He reported it to the Jiangsu Military Preparation Department Procuratorate and Court. This time, the crime he reported was that Yang Kaitai defrauded military dependents."
Marcelo's heart skipped a beat after hearing Leon's translation.
As a noble judge who has tried more than a dozen cases, Marcelo knows that the facts of the case are only one aspect, and sometimes many things beyond the case are more important.
This man named Gou Shide is a senior military officer. He reported the case directly to the military in the hope that the military would put pressure on the local judicial department and turn the situation around.
What would you do if you encountered such a case?
Should we consider the overall situation or handle the matter impartially?
"After receiving Gou Shide's report, the Military Affairs Bureau sent a formal letter to the Jiangsu Provincial Procuratorate and Court in accordance with the law, requesting a retrial of the case.
After receiving the official document, the Jiangsu Provincial Procuratorate and Court designated the Suzhou County Police Bureau to reinvestigate the case. After going through the process again, the Suzhou Economic Police Team closed the case and submitted the case file to the Jiangsu Provincial Procuratorate and Court.
After reviewing the case, the Jiangsu Procuratorate and Court reached the same conclusion as the Huzhou Procuratorate and Court, that Yang Kaitai did not commit any fraud or other illegal acts, and the report was rejected.
The Military Preparation Department's Procuratorate and Law Bureau received a reply from the Jiangsu Procuratorate and Law Bureau and also formally notified Gou Shide that the report was rejected."
Marcelo's face became a little serious when he heard this.
He knew very well that fairness and justice were just words, and in fact judicial operations were more complicated than most people imagined.
Personal relationships, power, wealth, nobility, religion, all kinds of factors can make fairness and justice become empty words.
Gou Shide exerted pressure on the local procuratorate and judicial departments through the military, but the local procuratorate and judicial departments remained unmoved and continued to strictly follow the procedures prescribed by the law and gave a very fair conclusion.
This is somewhat rare.
Shu Youliang glanced at Marcelo, and seeing the seriousness on his face, he knew that he had seen something.
However, Shu Youliang laughed in his heart. You foreigners can only see the surface and cannot understand the inside story, especially you don’t understand the current political environment of the Ming Dynasty.
Let's put it this way, the dispute between Yang Kaitai and Gou Shide was initially a very common economic dispute. But after two rounds of entanglement, the forces behind each of them were involved.
These people have participated intentionally or unintentionally and added fuel to the flames, especially as the case has reached this point today and has become a whirlpool.
Everyone is carefully maneuvering in the vortex, pursuing their own interests.
But as more people got involved, the vortex became bigger and bigger, and if you were not careful, you would be torn to pieces. It was so dangerous that even the master was a little scared.
The three of them were silent for a while. The press box was full, and more and more people were sitting in the audience seats. Everyone was talking quietly, and a low, muffled buzzing sound filled the hall.
Leon's eyes flickered for a while, then he raised his head and asked Shu Youliang, "Master Shu, why has this case come to this point today?"
"Haha, the latter part is the most exciting part of this case."
Marcelo also raised his head and listened carefully.
"After two failed reports, Gou Shide was filled with hatred. After thinking for a while, he came up with another idea. He went directly to the Yangzhou County Procuratorate to report that Yang Kaitai had seduced his concubine Cai and conspired with her to commit fraud and embezzle his money."
Leon was stunned. Where did this go?
Colluding with concubines?
He knew that the Ming people allowed men to take concubines on the basis of monogamy, but their status was far lower than that of the main wife.
Gou Shide is a senior military officer with honors and meritorious fields, and a rich family. It is normal for him to marry a concubine. But as far as Leon knows, the Ming people are very conservative, and wives and concubines will not easily see outsiders. How did Yang Kaitai seduce her?
Marcelo couldn't wait to urge Leon to finish translating, then he scratched the back of his head in confusion.
Why is it getting more and more complicated?
What a mess!
Shu Youliang said with a chuckle: "Cai was originally the most beautiful woman on the Qinhuai River in Nanjing. Her fame spread all over Jiangnan, and she was taken as a concubine by the eldest son of the Gu family, who was highly regarded by Jiangnan families.
In the first year of the Wanli reign, three major cases occurred in Jiangnan, and the Gu family was wiped out. Cai was taken into the Nanjing Music Bureau, and her reputation spread far and wide. She became even more beautiful and plump. Some mischievous person gave her the nickname of Xiaobaicai.
I don't know how Gou Shide managed to redeem Cai and take her as his concubine. A cabbage was eaten by a dog.
In the third year of Wanli, when Gou Shide asked Yang Kaitai to sell cotton and soybeans, he also asked Yang Kaitai to escort Cai to Shanghai for medical treatment. They walked for more than ten days and stayed together day and night. When they arrived in Shanghai, Yang Kaitai accompanied Cai to see doctors everywhere, and there were rumors at that time.
After Gou Shide reported the matter to the Yangzhou County Procuratorate and Judicial Bureau, and with the intention of some people fanning the flames, the story of Yang Kaitai and Xiao Baicai's affair quickly spread among the people, and the saying "the sheep eats the cabbage" was born.
Cai admitted to having an affair with Yang Kaitai in the Yangzhou County Procuratorate and Court, and Yang Kaitai was found guilty in the first instance by the Yangzhou Court.*
The Yang family was dissatisfied and appealed to the Jiangsu Provincial Procuratorate and the Huzhou Provincial Procuratorate. After deliberation, the two courts designated the Shanghai Municipal Court for a retrial. So today's trial took place."
As Shu Youliang was speaking, a policeman suddenly appeared and shouted, "Everyone, stand up! The judge is here!"
Shu Youliang immediately stood up and said excitedly: "The trial has begun, the fun is about to begin!"
(End of this chapter)
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