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This is really one wave after another.

This makes officials who are used to having a leisurely time somewhat at a loss as to what to do.

After the lawsuit over the tax, the Chu-He-Han boundary of laws and decrees had been formed, and both sides had already set up their formations, preparing to use the most primitive way of struggle to solve the problem.

Who knew that the Taxation Department suddenly parachuted in and changed the entire situation, turning the Chu-He-Han realm into the Three Kingdoms.

This triangle relationship is always the most complicated.

In fact, the arrival of the Taxation Department divided administrative power in a sense. However, officials in the Northern Song Dynasty were also very familiar with this situation, because the power in the Northern Song Dynasty had already been divided and fragmented.

It doesn't matter to everyone if you divide power, because since you divide administrative power, everyone still belongs to the same camp.

It's a pity that it's not the case. The attitude of the tax department is really similar to that of the enemy, and the head of the tax department is not from the traditional bureaucratic class, but belongs to the lower-level officials.

However, what is more complicated is that this decentralization of the tax department is, in a sense, a kind of centralization, because in the past, many government offices were responsible for tax collection, the government was responsible for it, the transportation department was responsible for it, and the household head was responsible for it.

Zhengguan, Xieyan Supervisor, Changping Supervisor, etc.

Now the Department of Taxation has taken back all tax collection powers.

This raises the question, who will check and balance the tax department?

This is like the relationship between the Privy Council and the three Yamen. Military, political and military orders are separated. It is even more acute than the relationship between the Privy Council and the Three Yamen.

There is essentially no conflict between the Privy Council and the three Yamen, they just separate the military, political and military orders. However, there is a conflict between the Taxation Department and the government. The conflict is that because of the promulgation of the exemption law, officials also have to pay taxes.

In addition, the Department of Taxation is very strong. They have just arrived in Hezhong Prefecture, and the government offices have not officially opened yet, so they have to deal with the white and red deeds. This problem is widespread among the people, and also involves the rights and interests of a large number of officials, squires, and landlords.

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The Department of Taxation wants to be the enemy of everyone.

However, due to previous rumors about the Department of Taxation, this has made many people fearful.

Wei Yingfang and others dared to go against the imperial court before, even using force, but when faced with the tax department, they were still a little embarrassed.

Since we don’t dare to fight rashly with force, we can only fight with words first.

According to the system, it is difficult for the government to mobilize the tax department, because the principle of the tax department is to collect taxes according to the law, not to act according to orders.

But since it is in accordance with the law, it is naturally subject to the supervision of the imperial court, because justice is controlled by the imperial court.

It happened that the Taxation Department initiated a lawsuit against the Imperial Court, so in this red and white deed lawsuit, the officials, the squires, and the people reached a consensus that they would try it first to see if the Imperial Court could effectively restrain the Taxation Department.

In the end it's the lesser of two evils.

No matter how hateful the imperial court is, they still have to abide by the law and evidence. However, on both sides of the law, everyone is in an equal relationship. Everything depends on the evidence, and what they can't stand is precisely this equal relationship. This is a feudal society. You

If you try to play equality with me, you're going to have your brain damaged, right?

But the Taxation Department is different. Although the Taxation Department's principle is to collect taxes in accordance with the law, in the eyes of the officials, you are depriving me of my privileges in accordance with the law. If you can collect taxes from me, then this is an unequal relationship.

In the imperial court, we are equal to everyone, but here at the tax department, I am still inferior to you. How can this be possible?

The key point is that they can still negotiate and negotiate with the public prosecutor and the law, and they can still express their difficulties, but the tax department will not talk to them at all, and their relationship is limited to taxation.

The Tax Department is obviously even more terrifying.

It was already the middle of winter, and the biting cold wind blew on my face like a knife. The big tree outside the imperial court gate was dancing wildly in the wind, and the dry branches made a "Kacha Kacha" sound from time to time.

sound.

But this still couldn't stop the people's enthusiasm for watching. Just like the pleasant weather in late autumn, the courtyard was crowded with people inside and outside the hospital. Everyone pressed closely together, and the temperature was spreading, and it seemed that it was not that cold anymore.

The officials who were absent last time were sitting at the VIP seats this time. Although they really wanted to cut ties with the imperial court, they still couldn't do without it!

In fact, according to the design of the imperial court, trials should be conducted indoors in winter, that is, in the lobby behind the courtyard. However, the red and white deed lawsuit being heard today is closely related to almost everyone and has attracted the attention of all walks of life. Zhang Fei

It's better to decide and review it in the courtyard.

However, two screens were erected on both sides of the court to block the cold wind, but also blocked the appearance of President Zhang, which made the people on both sides quite dissatisfied.

The key point in this lawsuit is whether the private contract is legally binding.

In fact, there is no clear regulation on whether it has legal effect. It is just that the white deed is recognized by the people, and the government will turn a blind eye or close its eyes. Most of them will still recognize it. The request of the Taxation Department is that the imperial court refuses to recognize the law.

Effectiveness.

If there is really an express provision, the people will not dare to recognize it, especially in the pawn industry such as Jiekupu. If there is wrangling during the transaction, it will be very troublesome, because the law does not recognize it, and the white-deed transaction may be invalid.

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On the other side is the Legal Aid Department. Those big landowners will naturally not show up because they get a lot of profits from it. If they are the plaintiffs, wouldn't they just come to people's homes for entertainment?

At the same time, this deed tax really caused the people to suffer a lot. Many people were victims of the deed tax, so they found some people who were frightened by the deed tax to complain.

After the court session, the arguments between the two sides immediately became intense. They were digging up dirt on each other without mercy.

Lu Bangxing accused the other party of using the white deed to evade taxes. If the white deed is not denied, it will be difficult for the tax collection department to carry out the tax collection work in the future, because he represents the tax department, so he must work around the tax department.

Fan Zhen, on the other hand, attacked the government for overcharging the deed tax, causing the people to dare not pay the deed tax. The government should bear full responsibility.

However, because the red and white contract involves too many issues and is too complex, it requires a large number of examples to prove it. Both sides also called many witnesses to prove their views.

After a whole day of heated debate, we finally came to the closing remarks.

But both the officials at the VIP table and the people outside the hospital looked very uneasy. It can be seen that the two sides were evenly matched, and there was no obvious leaning towards either side.

Lu Bangxing stood up, read the text for a moment, then put it down and said loudly: "The imperial court is a place where laws are taught, and in our tax law, there is a clear stipulation that any land or house transaction must be paid

The deed tax is 4%. Only after the deed tax is paid can the entire transaction be truly completed. If the deed tax is not paid, this is not only an act of tax evasion, but the entire transaction cannot be considered completed.

Although the other party accuses the government of overcharging deed taxes, from a judicial perspective, this cannot be confused with the fact that the government overcharges deed taxes. They can sue the government, but this is not a legitimate reason for the deed to be in vain, and there is no clear provision on this in the law.

.

In addition, the evidence just now has fully proved that many people use white deeds not because of excessive collection of deed taxes, but to avoid deed taxes. If the imperial court recognizes that white deeds are legally binding, then this will cause the court to face countless losses every year

, According to the law of legal system, the imperial court must first protect the interests of the country and the monarch.

Therefore, I hereby implore the imperial court to rule that the white deed is invalid."

As soon as he finished speaking, he immediately received overwhelming boos. At a glance, no one was on the side of the tax department.

As far as the common people are concerned, as long as you collect taxes, you are an enemy.

Not to mention that the deed tax embarrasses the people.

If you don’t boo, who are you booing?

After Zhang Fei stopped booing, Fan Zhen stood up. It must be said that this cold winter was really a big test for Fan Zhen, who was already in the age of knowing his destiny. His movements were slower than before, but the considerate Huangting

, or a small stove was prepared for them.

Fan Zhen took a deep breath, adjusted for a moment, and then said: "I very much agree with what the other party mentioned just now, that is, from a judicial perspective, the two are different and are confused.

But these two are not about excessive taxation and whether white contracts are legal, but about the government and the law, and the people following private contracts. This sentence first came from the Tang Dynasty Law Review, and our Dynasty's "Song Xingtong" also inherited this

Rules and regulations.

But the other party obviously did not understand this regulation clearly, so they confused political law and private contracts. When both parties sign a complete contract, then the contract is legally binding on both parties. This is a private contract between the people and the government has no authority.

The right is denied. Although the imperial court stipulates in the tax law that land deeds require payment of deed tax, this is an official political law.

From the perspective of regulations, the government has political laws and the people follow private contracts. They are two parallel lines. The two do not interfere with each other. But now the other party wants to use political laws to deny private contracts. This is a clear violation of this regulation and will cause

Very serious consequences. From now on, everyone will only recognize political laws and not private contracts. Then all private transactions must be approved by the government to have legal effect. However, the excessive taxation claimed by the other party will be further expanded.

, at the same time the government will be able to control all private transactions.

The harm this causes to the country and the monarch is far greater than the losses caused by tax evasion just mentioned."

Suddenly there was very excited applause and cheers outside the hospital.

The people supported Fan Zhen with all their strength.

A deed tax has already made the people miserable. If every contract requires going to the government to go through the formalities, it will be over!

This tax department is so evil!

"Quiet! Quiet!"

Zhang Fei knocked the gavel seven or eight times before stopping the people's support, which shows how scared the people were.

Fan Zhen continued: "But I believe that President Zhang will not be deceived by the other party, because President Zhang clearly explained this point when he talked about the law of legal system in the Legal Academy.

The civil litigation stipulated by the imperial court is actually to follow the concept of legal system and defend the legitimate rights and interests of individuals. This is also to defend the legal effect of private contracts.

As for the other party’s belief that white deeds can enable many people to avoid taxes, I don’t object to this. It is true that some people use white deeds to evade taxes, but there is also sufficient evidence to prove that many people are unwilling to pay deed taxes because the government overcharges deed taxes. Originally, deed taxes were

It should be paid and stamped, but if you go to the government to pay the deed tax, you have to go through four procedures, so that no one knows how much tax you will pay once you enter the government. The government fails to set an example, so it cannot blame the people for refusing to pay.

Tax.

Here, I implore the imperial court to determine that the white deed is legally binding."

Both sides are very smart, and they are talking about the legal system, because the establishment of the Imperial Court is based on the legal system. Only the legal concept can cooperate with the public security system.

Zhang Fei will definitely not undermine the rule of law.

Of course, Zhang Fei was very happy to see them mention the legal system.
To be continued...