Judge of the Song Dynasty Chapter 103: The law of the ancestors (fourth update! Thanks to Liu_ice leader)
Inspired by Zhang Fei, Feng Nanxi was also full of confidence and fighting spirit. The reason why Zhang Fei let him participate was not because he was familiar with the law, but because he was one of the parties involved. He knew the cause and effect of the time very well. Everything that happened at that time, and he went to investigate secretly afterwards.
I have generally asked about it before, but this time I mainly asked about some details. This is what Zhang Fei is best at. He often asks about details that others don't care about.
After asking clearly, Zhang Fei showed the more detailed confession to Xu Zun.
I have to say that Xu's father and daughter are really a perfect complement to Zhang Fei.
Xu Zhiqian can provide Zhang Fei with technical support, while Xu Zun can provide him with empirical support.
To find out how the Northern Song Dynasty government works, it is not a matter of one day!
After reading it, Xu Zun still maintained his original judgment, "The most critical part of this case is the box of stones. If evidence can be found, it is possible to reverse the case."
But at this point, he sighed, "To tell you the truth, I have also read some cases about the yamen servants recently, and many of them are problematic. This is not an isolated case. So ...Your judgment is correct. If you conduct an investigation, you will face great obstacles. According to this confession, they lack witnesses and physical evidence, and they may not be able to find evidence."
Zhang Fei said: "Even if I could, I wouldn't dare to take the risk."
This is already a systemic corruption. If it is going to be overturned, the involvement in it may be unimaginable. If there is no guarantee, it will definitely be investigated fairly. Zhang Fei dare not take this step lightly.
If I don't make it right, I might be pulled in by them too.
Xu Zun nodded in understanding.
Xu Zhiqian asked: "Now that you have obtained the support of the Grand Master Wang and the Grand Master Sima, how do you plan to sue the court?"
"Sura Martial God"
Xu Zun also looked at Zhang Fei very curiously, "That's right! When you file a lawsuit, no matter who the other party is, first of all, you must have specific regulations to support your prosecution. I recently looked through Song Xingtong, but I still can't find a law This example allows you to sue the imperial court."
In the past few days, he has also been thinking about this issue. Now the people are suing officials, mainly for corruption, and it can even be extended to the entire government.
But he really doesn't know how to sue the entire court.
The most important point is that the emperor is the boss of the imperial court. If you sue the imperial court, does that also include the emperor?
Suing the Emperor?
This......!
This is indeed suicidal.
Zhang Fei said: "The law of the ancestors."
"The law of the ancestors?"
Xu Zun's father and daughter said in unison, but they were stunned again.
Zhang Fei explained: "It's the rules set by Taizu Taizong."
When it comes to the "law of the ancestors", I believe that many history lovers are very clear, because the Ming Dynasty often mentioned this saying, although this saying has existed since ancient times, because Confucianism advocated filial piety, but before the Song Dynasty I rarely talk about this.
This is because during the Han and Tang Dynasties, the entire Central Plains dynasty was in a stage of outward expansion.
In this case, it is impossible to abide by the laws of the ancestors and keep pace with the times. As soon as Emperor Wu of the Han came to power, he changed the previous system and thinking.
What kind of ancestral law, Lao Tzu is the ancestor.
Li Erfeng directly forced his father to step down, and it was impossible for him to abide by his father's rules.
In the Song Dynasty, the Central Plains Dynasty gradually stopped expanding, and the policy began to turn from outward to inward.
The law of the ancestors actually prevailed in the Northern Song Dynasty, and it was from here that the law of the ancestors became a systematic concept.
Ouyang Xiu was the first to systematize the law of the ancestors, and it was none other than Sima Guang who carried forward this theory thoroughly.
In the process of Wang Anshi's reform, Sima Guang played the banner of the law of the ancestors.
Since Sima Guang, the law of ancestors has become the creed of conservatives.
But for now, the ancestral law is still just becoming popular.
But the law of the ancestors is not a law after all. In general, courtiers like to quote it.
So it took Xu Zun a while to realize, "But this is not a law."
Zhang Fei said: "Although this is not a law, it is better than a law, because even the officials have to obey it. Only by citing the laws of our ancestors can we sue the entire imperial court, even including the officials. It is also well-founded, and no one will think that I have committed the crime of disrespect."
Actually, Zhang Fei thought of this early on, because in those days, when suing the government, the constitution was the best to use. Although there is no constitution now, there is the law of the ancestors.
Xu Zun still couldn't turn around, and his eyebrows sank into thought.
Xu Zhiqian nodded straightly and said: "Father, I think Zhang San's plan can be achieved. Didn't Mr. Fan and others often use this ancestral law to persuade officials before, since ministers can use this to restrain the monarch , the common people can naturally use this method to restrain the imperial court.”
"What do you know?"
Xu Zun glared at her: "The law is a written regulation, which is very strict and does not allow the slightest deviation. Although there is a saying about the law of the ancestors, it is not a written regulation after all, and no one knows what it is. It can be said clearly, how many people in the world know the law of the ancestors, if the law of the ancestors is included in the laws, it will be messed up."
Although he is easy to go slant, but he is also a family member of the law.
For example, Fan Zhongyan, Ouyang Xiu, etc. quoted some allusions and policies of Taizu Taizong when citing the law of the ancestors. They are collectively called the law of the ancestors.
What else are you doing about "Song Xingtong", just read the history books directly.
Zhang Fei said: "The reason why Mr. Engong is worried is because the current ancestral laws are very rigid and there are no specific regulations. Justice, on the contrary, helps justice.”
"You... what did you say?"
Xu Zun was dumbfounded, "You turned the law of the ancestors into specific regulations?"
Zhang Fei smiled and nodded.
Xu Zhiqian blinked, "This...how is this possible?"
The father and daughter looked at Zhang Fei as if they were crazy.
Crazy!
Ancestral law, you can use an ear pen to decide?
The emperor and ministers must commit suicide.
What are you doing alive?
Be infinitely humiliated?
Zhang Fei smiled and said: "In the court, everything is possible, besides, I know the law better than them."
Xu Zun asked: "Then tell me, what do you plan to do?"
Zhang Fei said: "I read some of the eucalyptus files of Taizu Taizong before, and found that Taizong had issued an imperial edict, 'The former emperor established his business for 20 years, prevent things, make rules, discipline has been set, and things are established. It has its own rules. I would like to respect and inherit it, and dare not go beyond it."
After listening, Xu Zun stroked his beard and said, "This is indeed the law of the ancestors."
Xu Zhiqian asked curiously: "I also know about this edict, but...but what does it have to do with this case?"
Xu Zun also looked at Zhang Fei curiously.
This edict is absolutely legally binding, because it is Taizong's policy, and later he said, "I should respect and inherit it, and dare not go beyond it." No one dared to go beyond it.
But the problem is, this has nothing to do with this case.
Zhang Fei said: "To sum up, this edict is a policy of preventing corruption. But the current law of servants is not a corrupt policy?"
Xu Zun thought for a while, and probably understood Zhang Fei's meaning, and said again: "Is this a bit far-fetched?"
Zhang Fei smiled and said: "The logic is not wrong, so it is not far-fetched. Of course, this sentence alone is not convincing. We still need a lot of cases as evidence to prove that our case is a violation of our ancestors." The method. This may require the support of benefactor."
For example, the above regulations of Song Xingtong have specific explanations.
There is no specific explanation for this edict. It is just such a very general sentence. Although everyone understands it, there is no explanation in the text.
But Zhang Fei believes that this has the force of law, and the officials dare not violate it.
However, in this kind of lawsuit, the fight is the right to interpret.
A lot of cases are needed to explain this thing.
Dali Temple has a large number of cases.
Xu Zun doesn't understand it very well for the time being, but he is also a strange flower in the legal and political circles, so he is very curious, can this be fought?
So I agreed.
See how you play.
Old man, learn a little first, and I will do the same next time.