Very unprofessional, focusing on personal likes and dislikes Chinese judicial cases很不专业的、重点在个人好恶方面中国司法案例

 There is a chapter in "Surprise at the First Moment" called "Xishan Temple sets up chariots to save the souls of the dead, Kaifeng mansion prepares coffins to survive". It is about a beautiful widow in her twenties, Wu Shi, who took her teenage son Dasheng to a Taoist temple to perform rituals for her deceased husband. Wu and Zhiguan wanted to have a long-term relationship, so they identified an uncle as a cover-up and let Dasheng recognize his uncle.

After the hundred days of filial piety, Mrs. Wu sent her son to school, waited for the child to go to bed at night, and then met with Zhiguan. In the blink of an eye, it was three years. When Da Chang grew up, he realized that he was awkward, but he didn't tell his mother clearly, and used all kinds of harmful tactics to stop Wu's contact with Huang Zhiguan. It was very successful, and Zhiguan didn't dare to come. Wu Shi was in great pain, and had the idea of killing her son. Huang Zhiguan gave a suggestion. The county magistrate hates unfilial sons the most. If they see them, they will beat them to death. They can sue their sons for being unfilial and kill them with a knife.

The county magistrate verified the facts of Dasheng's unfilial piety, and only saw Wu's bluff and Dasheng's humility and forbearance. He came to collect his son's body, and secretly sent Yamen servants to follow Wu's family.

Huang Zhiguan bought the coffin for Wu, but Wu didn't expect the county magistrate's arrangement to be fraudulent, so he brought the coffin to collect the corpse. The county magistrate arrested Huang Zhiguan, tortured him, and tortured Wu, but Dasheng protected his mother and was willing to be tortured instead. Wu's eyes filled with tears. The county magistrate released Wu and let the mother and son go home and live a good life. Huang Zhiguan was beaten to death in court, and Wu followed the rules to accompany his son. After all, his heart was full of pain, and he died soon after.

There is nothing wrong with Wu's relationship with Huang Zhiguan. Widows who keep chastity have chastity archways, but those who do not observe chastity mean that there is no archway. Even in the ancient times when women's morals were strict, there was no crime. Compared with the chaos and abandonment after three or two nights, Wu Shi and Huang Zhiguan belong to long-term relationship, which can be called love. Dasheng's obstruction belongs to the selfishness of a teenager, although it is a bit too scheming, it is still reasonable.

The crux of the matter is the county magistrate, whose personal likes and dislikes in morality have completely replaced the law. Unless "unfilial piety" causes serious consequences, such as torture to death, it must not be "beaten to death" lightly. Huang Zhiguan didn't kill anyone, he just came up with a bad idea, which was tailor-made for the county magistrate's paranoia.

In fact, the judgment can be completely changed: Wu and his son separated and lived separately, leaving part of the family property to Dasheng to marry a wife and have children; Huang Zhiguan returned to the vulgar and formally married Wu. In fact, this Taoist temple was indeed disbanded by the county magistrate, and all Taoist boys were returned to vulgarity. The person involved was killed, and the onlookers lost their jobs.

No one died in this case, but after the trial and trial by the county magistrate, one person died on the spot, one person died later, and several people lost their jobs. Dasheng, who is a son, still has feelings for his mother, "the son wants to support him but does not want to be loved", and he will be greatly saddened. Food and sex, the seven emotions and six desires cannot be wiped out, and the tragedy or comedy is all due to the thought of the law enforcement officer, which has almost nothing to do with the law.

《初刻拍案惊奇》中有一回叫做“西山观设辇度亡魂　开封府备棺迫活命”。说的是二十多岁的漂亮寡妇吴氏，带着一个十多岁的儿子达生，到一处道观里给亡夫做法事，与俊秀知观黄妙修一见钟情，然后干柴烈火。吴氏与知观要长久来往，就认个姑舅亲掩人耳目，让达生认了舅舅。

百日守孝过后，吴氏把儿子送学堂，晚上等孩子睡了，再跟知观相会。转眼就是三年。达生长大了，发觉了，别扭了，却不跟他娘明说，不动声色地用各种损招阻止吴氏与黄知观的来往，很成功，知观不敢来了。吴氏却很痛苦，有了杀死儿子的念头。黄知观给了一个建议，县官最讨厌不孝子，见了就打死，可以去告儿子不孝，借刀杀人。

县官核实达生的不孝事实，只看到吴氏的虚张声势，达生的谦恭忍让，对这个案子产生怀疑，就做了一个局，说要打死达生，让吴氏回去买棺材，明天来领儿子尸体，暗地里派衙役跟踪吴氏。

黄知观替吴氏买了棺材，吴氏没想到县官的安排有诈，真的带着棺材来领尸体了。县官拘捕黄知观酷刑拷问，还要给吴氏上刑，达生护住母亲，情愿代替受刑，吴氏泪水盈眶。县官就放了吴氏，让这母子回家好好过日子。黄知观被当堂打死，吴氏循规蹈矩地陪儿子，到底还是痛彻心扉，不久就死了。

吴氏与黄知观的交往看不出有什么毛病，寡妇守节有贞节牌坊，不守节，也就是没有牌坊而已，即使是在妇道严苛的古代，也谈不上犯罪。比起三两夜后的始乱终弃，吴氏和黄知观属于长情，可以称得上爱情。达生的阻挠属于少年的自私，虽然太有心计了一点，也还说得过去。

问题的关键是县官，他在道德方面的个人好恶，完全代替了法律。“不孝”除非造成严重后果，比如虐待致死，否则绝不能轻率“打死”。黄知观又没杀人，只是出了一个馊主意，还是为县官的偏执量身定做的，买不买账在于县官，无论如何也没有死罪啊！

其实完全可以换一个判决：吴氏与儿子分家另过，部分家产留给达生娶妻生子；黄知观还俗，与吴氏正式结婚。事实上，这个道观确实被县官给解散了，道童都被还俗了。当事者丧命，围观者砸了饭碗。

这个案子本来没有一个人死，经过县官这么一审一判，一个人当场死了，一个人延后死了，好几个人失业了。那个做儿子的达生，对母亲还是有感情的，“子欲养而亲不待”，也会大大哀伤。食色性也，七情六欲无法泯灭，悲剧还是喜剧，全在执法者的一念之差，几乎跟律法无关。