Judge of the Song Dynasty Chapter 362: Song Xingtong

Chapter 362 Song Xingtong

At noon.

Guozijian.

Two teaching assistants in their fifties had eaten outside and had just returned to the Imperial College. They found that the Imperial College had three floors inside and three floors outside.

There are seven or eight servants cleaning the courtyard in a hurry.

One of them immediately said: "Today is Zhang San's class again?"

"Ah! Really. It seems that the officials will come here to attend lectures again."

"The government and a group of ministers come here every day to listen to a lecture from a young child. Is my government affairs so idle?"

"If that wasn't the case, how would that kid Zhang San dare to be so arrogant? He has been in the Imperial College for some time, but he has visited us before, and every time he arrives here just before class starts, and leaves immediately after class."

"This kind of person is also worthy of being a teacher."

During the conversation, the two passed by the largest classroom in the middle, and saw two old men sitting inside, they were all shocked, and they looked at each other again, so they stopped talking and hurried past.

These two old men are exactly Fu Bi and Wen Yanbo.

You must know that there is still some time before the class starts, the prime ministers of the two countries rushed to occupy their seats so early, and Su Shi was not so diligent in going to the brothel.

This..

"Fu Gong seems to have recovered, which is really gratifying."

Wen Yanbo stroked his beard and laughed, with a playful look in his eyes.

Fu Bi couldn't help blushing, nodded and said: "I admit that the reason why I stayed behind closed doors before was indeed because I did not agree with Wang Jiefu's new law."

Wen Yanbo asked: "Since this is the case, why didn't the rich man stand up to dissuade the officials?"

Fu Bi sighed helplessly: "During the Qingli New Deal, I also hated Xia Song and others, and often quarreled with them, but now that Wang Jiefu is going to reform, if I stand up and oppose it, wouldn't I be doing what I once did today?" Do you hate what people do? There is a way to do it. Do not do to others what you do not want to do to yourself. This is not what a gentleman does."

Speaking of which, he glanced at Wen Yanbo, "It's not what the officials want."

Wen Yanbo nodded slightly, and said again: "However, Fu Gong seems to have a soft spot for this legal system, and he is more active in class than the students."

He was going to come later, but when he was eating out, he saw Fu Bi rushing this way, so he followed him.

Fu Bi nodded and smiled and said, "I don't deny that, Zhang San's legal system is really fascinating. I recently looked through ancient and modern books, except for Yang Zhu's few words, which are similar to it, and there is no thought to match it Similar, this can't help but make people think about why this is so."

Wen Yanbo said: "The law of the legal system is a kind of thinking for the people, and the Confucianism also advocates benevolent government and love for the people?"

Fu Bidao: "Water can carry a boat, but it can also overturn it. It is the boat, not the water, that protects it. Therefore, Confucianism is often helpless when encountering a faint king or a tyrant."

Wen Yanbo asked: "Can the law of the rule of law be achieved?"

Fu Bi shook his head and said: "I don't have a clue yet, let's see what he said in this class. In the last class, although Zhang San explained the relationship between the law of the legal system, the law of Confucianism, and the law of the legal system, but He didn’t explain clearly what legitimate rights and interests? How to defend them? Does not paying taxes count as defending the legitimate rights and interests of individuals? Does the state’s excessive taxation count as infringing on personal rights and interests? If so, what should be done?”

Wen Yanbo frowned and said: "I have thought about this too, but can this be explained clearly?"

Fu Bi said: "Look at what he said today."

As he was talking, he suddenly heard the noise outside, Wen Yanbo said: "It seems that the officials are here."

The two went out to have a look, and as expected, they saw Zhao Xu chatting with Wang Anshi, Sima Guang, Lu Gongzhu and others while walking towards them.

Although the logical relationship between the three laws was clearly explained in class, Zhang Fei did not give a clear explanation of the most important "legitimate rights and interests".

Theft and murder are crimes. This is indeed a consensus. It was not thought up by some saint, but formed naturally. It is really easy to understand if it is explained by this.

However, the problems of the country are often not caused by these consensuses.

Furthermore, when Zhang Fei explained the laws of Legalism and Confucianism, he was talking about the interests of the common people, but when he talked about the laws of the legal system, he avoided these issues.

With everyone's discussion and thinking, everyone found that the essence of the legal system has not been explained clearly.

Everyone was looking forward to this class very much, they all came early, and then...then just waited blankly for Zhang Fei just like before.

Of course, Zhang Fei was the last one to arrive as usual, he just made sure that he would not be late, and if you all arrive early, then no one is to blame.

But when he saw Zhao Xu, he was still very sincere and fearful and said: "I am guilty of keeping your majesty waiting for a long time, please forgive me."

Everyone cast contemptuous glances at him.

Why don't you come sooner?

Are you busier than the Emperor?

Zhao Xu waved his hand and said, "Forget it, I'm already used to it."

Zhang Fei smiled and said, "Thank you for your forgiveness."

Zhao Xu waved his hand again and said, "Hurry up and go to the lecture."

Suddenly there was an uproar.

"Where is the woman from?"

Everyone looked up.

I saw Xu Zhiqian standing in front of the door tremblingly.

Xu Zun couldn't help glaring at her angrily.

He has told Xu Zhiqian several times that she must not come to this occasion, because this place is full of old masters.

But this time, Xu Zhiqian wanted to follow her because of her shamelessness, because every class, the prime minister ran to the house, but it didn't sound very profound, and she also wanted to know what the class was talking about.

Sure enough, it immediately caused many old masters to stare at each other.

They are all men, how decent is it for a girl to run here.

Didn't you see that the brothels are all open next door, but not in the Guozijian.

Zhang Fei hurried up to the podium and coughed: "There may be a lot of content today, this class may be delayed later, and the Imperial College has not specially equipped us with assistants, so I specially asked Mrs. Xu to come over and help us. I make tea to quench my thirst, does everyone have any objections?"

"The teacher has worked hard."

The students said in unison.

If you are willing to talk more, we have no opinion on what you are doing, but we are afraid that you will end the get out of class after halfway through.

No one dares to say for sure.

If you don't allow it, get out of class will be dismissed if your mouth is dry.

"Thank you for your understanding."

Zhang Fei repeatedly clapped his hands.

Li Si and Long Wu carried a small tea table and placed it in the corner inside, and placed a small brazier, Xu Zhiqian hurried over with her head bowed, and started to work like a maid.

As Zhang Fei came to the podium, no one paid attention to her anymore, and everyone's eyes were on Zhang Fei.

Beauty?

In the face of the rule of law, a beautiful woman is a fart.

In this classroom, Zhang Fei is undoubtedly the most charming, even though everyone is a man.

Standing on the podium, Zhang Fei opened his little book and looked at it, raised his head and said: "In the last class, we have clearly explained the relationship between the law of the legal system, the law of Confucianism, and the law of Legalism. The difference, and why everyone should take the legalist law as a warning, because under the legalist law, there is no legal law, so let’s analyze some specific cases in this lesson.”

"Teacher!"

Cai Bian suddenly said.

Zhang Fei glanced at him, "What?"

Cai Bian asked anxiously: "Actually, we still have some problems to understand in class."

Zhang Fei's complaints, invisible, have left a shadow on them.

As for who raised this question, they even drew lots in private, and Cai Bian was finally drawn.

Zhang Fei frowned.

Cai Bian suddenly panicked, "The students are stupid, the teacher forgive me."

Now they have self-doubt, they really don't know whether Zhang Fei has explained this, or they are stupid and unable to understand.

Zhang Fei asked: "What's the problem?"

Cai Bian immediately said: "It's about legitimate rights and interests. In the class, the teacher said that when Confucian law meets legal law, legal law should be the first. But since ancient times, conflicts between the court and the people have often appeared in the Regarding taxation, according to what the teacher said, in many cases, such as excessive taxation and excessive collection, people do not pay taxes, it should be regarded as defending the legitimate rights and interests of individuals.”

This is a bombshell.

Everyone looked at Zhang Fei expectantly. This question has been bothering them for the past few days.

How does the law of the rule of law explain taxation issues.

This is the root of the contradiction!

Zhang Fei came to the edge of the podium again, leaned against the edge of the podium, folded his hands on his chest, and performed his signature action. , Is there a rule of law?"

Everyone was taken aback for a moment, then nodded.

"Huh?"

Zhang Fei looked at them.

Everyone shook their heads uncertainly again.

Zhang Fei was dissatisfied and said, "What are you doing? Do you exist or do you not exist? You have said so much in the previous two lectures, can't you even tell the difference?"

Shangguan Jun suddenly said: "Of course it exists."

Zhang Fei asked: "For example."

Shangguan Jun said: "Regarding this point, the teacher has already said in the first class, such as stealing, robbery and killing, it is a consensus among people to defend their legitimate rights and interests, and it belongs to the law of the legal system. It is also included in the Song Xingtong."

The rest of the people also nodded, of course it exists, why do you ask this.

Zhang Fei smiled and asked: "Have you read Song Xingtong?"

Shangguan immediately said: "The student has read it."

Zhang Fei asked again: "Do you remember some general laws about the law of thieves and the law of thieves?"

Shangguan said shyly: "Students can recite the whole text."

"Really?" Zhang Fei asked in surprise.

"Really."

Shangguan blushed and said.

Zhang Fei nodded and said, "Then you are amazing, I can't even memorize the first page."

As soon as this remark came out, everyone was very surprised.

You, a law teacher, can't even memorize the first page?

Cai Jing flattered: "The teacher is humble."

Zhang Fei shook his head and said: "There is no humility, you can read books in a lawsuit, why should I recite them."

Everyone suddenly realized.

No wonder this kid brought more documents than anyone else in the lawsuit. It turns out that he has a bad memory!

"Don't talk about that now." Zhang Fei coughed, and said to Guan Jun, "Well, I'll put you to the test. If you steal more than three bolts of cloth, how will you be sentenced?"

"Death penalty." Shangguan replied.

Zhang Fei nodded and said, "Then?"

Shangguan was stunned and said: "What then?"

Zhang Fei said: "Is there any other punishment?"

Shangguan was stunned for a moment, and said: "This has already been sentenced to death, do you need other punishments?"

Zhang Fei asked again: "Then do you think it is reasonable?"

Shangguan replied cautiously: "Most of the punishments in the Song Dynasty in my dynasty were based on the laws of the Tang Dynasty. If I followed the laws of the Tang Dynasty, I would judge whether I held a stick or not, and how dirty it was. However, due to too many robbers in my dynasty, Therefore, the punishment is heavier, but many officials will still consider it at their discretion when they are in trial."

Cai Jing immediately said: "My lord, Shengming, issued an amnesty last year to reduce and exempt some crimes related to thieves."

In fact, at the beginning of the founding of the Song Dynasty, the Song Dynasty still adopted heavy codes to govern the world. Still developing in this direction.

Zhang Fei glanced at Cai Jing, smiled slightly, and asked again: "Then do you think this is a legal system?"

Shangguan Jun said: "Of course."

Zhang Fei asked: "What is the law of the rule of law?"

Shangguan immediately said: "A consensus to defend the legitimate rights and interests of individuals."

Zhang Fei said: "If you go to steal, there must be a victim, so in this law, is there any mention of the victim?"

Shangguan blinked, thought for a while, shook his head and said: "No."

Zhang Fei asked again: "Then whose interests are you defending?"

Shangguan Jun blinked, "Although the victim is not mentioned, it is also promoting good and punishing evil!"

Zhang Fei said: "If you are a victim and you have three bolts of cloth stolen, what do you desire most?"

Shangguan thought for a long time, and said: "I, I should. I should be eager to get my cloth back."

Zhang Fei said: "Didn't you kill the thief?"

Shangguan Jun hurriedly said: "If it's just three pieces of cloth and my relatives haven't been hurt, it won't make me want to kill them."

Zhang Fei nodded and said, "If one is to defend individual rights and interests based on the rule of law, what should be the priority?"

As soon as this question came up, Wang Anshi, Sima Guang, Fu Bi and the others fell into deep thought.

Zhao Xu didn't seem to react yet, and was still looking around.

Shangguan Jun thought for a while, and replied uncertainly: "The first thing to do is to repay my cloth."

Zhang Fei said: "But in this regulation, there is no mention of this."

Cai Bian immediately said: "However, in the law of thieves and robbers, there are many discussions. It has been mentioned that the government should return the lost property, and under normal circumstances, the government will also return the stolen goods to the victim."

Zhang Fei asked again: "What should I do if the stolen goods are spent?"

Cai Bian said embarrassingly: "Then there is nothing we can do, but he has already paid for his life, so what are these three pieces of cloth?"

Zhang Fei said: "What if you took these three pieces of cloth to save your father's life?"

".!"

Cai Bian fell silent.

This is a barbarian!

Could you still have a pleasant chat?

Zhang Fei glanced over.

Everyone is silent.

What can I do?

Admit it.

In the statute, there is no compensation clause.

Zhang Fei said: "Let me ask you, during the process of this case, did your interests suffer?"

"Yes."

"So have you been compensated?"

"No."

"Then the purpose of the court to kill him is to put your personal interests first, or the national interests first?"

"Country."

"Then is this the law of the Legalists, or the law of the legal system?"

"Legislative law."

"Then the question is, in the Song Xingtong, which law belongs to the law of the legal system?" Zhang Fei asked quickly.

Stupid again!

It seems!

Yes, or not?

Shangguan Jun, who said he could recite Song Xingtong just now, was at a loss.

Cai Jingdao: "National interests also include personal interests."

Zhang Fei asked back: "That is to say, if your father died because of those three pieces of cloth, you would feel at ease. After all, this is a life for a life."

Cai Jing said, "Of course not."

"Why?" Zhang Fei asked.

Cai Jing didn't answer.

Xu Zhiqian stared blankly at Zhang Fei, she suddenly found that Zhang Fei, as a teacher, was stronger than when he was in the lawsuit.

It's fine if the students can't stop it, but the old masters behind just opened their mouths, but there was no sound.

Zhang Fei waited for a while, and said: "There is a very classic case in the Han Dynasty. I don't know if you know this case. A farmer was leading a cow on the way home, and the cow accidentally trampled on someone else. crops, the landlord will seize the cow to compensate for his losses, and eventually the two parties will go to the government, do you know what the final result will be?"

Shangguan Jun said: "This case. I. I know. In the end, the farmer was punished for trampling the crops, and the cattle were not compensated to the landowner."

"What's the reason?" Zhang Fei asked.

Shangguan Jun said: "In the Han Dynasty, the crime of trampling on crops was a felony. They have already been convicted of a felony, so why should they compensate the landlord?"

"If you are a landowner and a person accidentally steps on your crops, do you want him to lose money or to kill him?"

"Of course I lost money."

"As far as the country is concerned, in order to maintain the sanctity of crops and the stability of the country, do you need money or life?"

"Damn."

"Why?"

"It can better deter others."

"For the individual, or for the country?"

"Country."

"Good."

Zhang Fei nodded and said: "From the Fa Jing to the Tang Law Discussion, and then to the Song Dynasty's criminal system, they are all based on the legalist law, which does not involve the legal system.

Student Cai Jing said just now that national interests include personal interests. The implication is that national interests should be put first. This is correct. This is also a law of the legal system. It is a consensus. But I also asked a question in class, what is a law without a legal system? "

Cai Bian replied: "The law of the Legalists."

Zhang Fei said: "Is there any legal system in the criminal system of Song Dynasty?"

Everyone looked at each other in blank dismay.

Zhang Fei asked again: "In the laws and regulations of Song Xingtong, what is the end?"

"Punishment."

"Punishment is punishment. It is the state that punishes individuals. What is defending is the authority of the state. As a result, there are various punishments in our dynasty, but there is no law on compensation.”

Speaking of this, he suddenly asked: "That's right! What was the question you asked just now?"

Cai Bian hurriedly said, "It's about taxation."

Everyone wakes up.

Yes! We asked this question, how did it get involved.

Zhang Fei asked: "Is the tax law written into Song Xingtong?"

"Yes."

"Song Xingtong is the legalist law, and the tax law in it is also legalist law. Of course, the national interest is the only one, and the country can collect as much as it wants. There is no legal system in it. So the answer is that the common people have to pay taxes, which is not at all inconsistent with the rule of law.”