Judge of the Song Dynasty Chapter 490: Extracurricular tutoring

"Don't do it!"

Su Zhe looked horrified, and immediately stopped him: "Those people don't know the law at all, and they can only act on their emotions. If they become a judicial system, they will only disrupt the judiciary, which will do a lot of harm and no benefit."

Before, he thought that Zhang Fei did this just to make his own judgment more convincing, and the result was the same. In the end, Zhang Fei became the person who imposed additional punishments, and his claim was to cater to those schools of etiquette.

Get a standing ovation.

It's a neat trick.

But clever tricks can only be used for a while, and cannot form a permanent system.

This is absolutely impossible.

Anyone with a discerning eye knows that Lu Chapo is purely emotional and irrational.

Cai Bian also said: "Today's teacher's arrangement, no one knew in advance. If it becomes a system, it will inevitably breed corruption. It is easy to bribe these small citizens."

Cai Jing shook his head and said: "There is no need to bribe them at all. A few words of intimidation will make them afraid to speak up. Who would want to get angry for other people's affairs."

Shangguan Jun and Ye Zuqia also expressed their opposition.

Fu Shichun thought it was interesting, but he didn't speak.

Xu Zhiqian was also a little worried, but since she married Zhang Fei, she rarely contradicted Zhang Fei in front of outsiders.

Zhang Fei said with a smile: "Not only that, but you have to choose to be unfamiliar with the people involved in the case and have no interest relationship. The cost of the trial has increased, and we must know that our public security law is more financially expensive than the previous judicial system, and doing so will make the situation worse.”

Su Zhe and the others nodded frequently.

No!

Something seems wrong?

Suddenly, they looked at Zhang Fei at the same time.

What the **** do you mean?

Zhang Fei said with a smile: "Everything has pros and cons, so let's list the cons first, and then compare the pros to see if it's worth a try."

Su Zhe cupped his hands and asked, "I would like to hear your advice."

"Where! Where!"

Zhang Fei bowed his hands back and said, "First of all, we must clearly understand what philosophy this system is based on."

When he said this, everyone immediately entered the class state.

"The rule of law." Shangguan Jun said.

"Good!"

Zhang Fei nodded and said: "Whether it is the law of Confucianism or the law of Legalism, it is impossible to give birth to this system. There is no foundation. There is only a law based on the legal system, because the concept of the legal system is... ...?"

"A consensus among people to defend their legitimate rights and interests."

The four spoke in unison.

Su Zhe was very depressed, are you in class?

Then what am I doing?

Obviously it was a matter of discussion, but the status seemed to be a bit shorter.

"Remember very clearly."

Zhang Fei said: "Then let me ask you, is this consensus permanent?"

Cai Bian nodded, "Yes."

"Not necessarily." Su Zhe said.

But after speaking, Su Zhe felt a little regretful again. I really became a student, but thinking about Wang Anshi and Sima Guang answering Zhang Fei's questions in class, he is nothing.

Zhang Fei asked Su Zhe: "Why did Mr. Su Xiao say it's not certain?"

Su Zhe said: "From Wei's "Fa Jing" to our "Song Xing Tong" in the Song Dynasty, although the main regulations have not changed, many regulations have been added or subtracted. The consensus is changing."

"Mr. Su Xiao's words are justified, and the facts are exactly the same."

Zhang Fei nodded with a smile, and said: "Suppose we select a hundred people to participate in the trial, and these one hundred people are all-encompassing, involving all classes, and can reflect a consensus among the people, then when they A eucalyptus' own judgment, what is this?"

A few people lowered their eyebrows and thought about it.

After a while, Shangguan took the lead in saying: "Legalize!"

"Correct."

Zhang Fei nodded, "It's the legislation. I am here this time, but I also bear this heavy responsibility."

The reason why Zhang Fei was given the right to precedent is that Fu Bi hoped to get some legislative ideas for the rule of law from his judgment.

There is no example, just relying on imagination, it is difficult for people like them who are accustomed to legalist law to legislate.

Conversely, for Zhang Fei, he must explain it by the law of the rule of law, because his power is based on the law of the rule of law.

Zhang Fei continued: "You have to remember one thing, those of us who are proficient in the law have a relatively fixed way of thinking, coupled with our identities, even upright people can only Considering how to be tolerant and good to the common people, but often this kind of "good to you" is not an understanding, Master Xu is very clear about this."

Xu Zhiqian was stunned for a moment, and then her cheeks became dizzy, "You talk about yourself, why mention me."

This stalk, Zhang Fei likes to play very much, and asked Cai Jing and the others: "When you help Fu Gong make laws, do you often feel powerless?"

They nodded immediately.

"It's because you have this idea, but you don't know what the people are thinking, so you always feel that something is wrong and not perfect. In fact, sometimes the people think very simple, but you think too complicated."

As soon as these words came out, Cai Jing and the others seemed to understand something.

Zhang Fei said: "If we want to capture the consensus of the people, the easiest way is to see how they judge. Let's eliminate corruption first. Under relatively rational and fair circumstances, the reasons for their judgment can help us legislate. "

Cai Bian and the others nodded thoughtfully.

Cai Jing suddenly said: "If the common people decide, such as the case of tax evasion, they will definitely be found not guilty. It is meaningless to ask the common people in the world who would want to pay taxes."

Zhang Fei said with a smile: "The legal concept of the legal system is that the interests of the country and the monarch come first. Based on this, as long as the interests of the country are involved, you can't do this at all. At the same time, you can't use this method for pure murder. Trial. This system can only be cited for such broad issues.

For example, Cai Jing murdered Ye Zuqia out of profit. "

This metaphor is really...!

The faces of Cai Jing and Ye Zuqia turned green.

Why don't you compare Shangguan Jun and Cai Bian.

I heard Zhang Fei continue to say: "This is just a conflict of interest between the two of them, it has nothing to do with others, but the master killed the servant, and the landlord killed the tenant farmer, can you quote it?"

The four nodded at the same time.

"Sure."

Zhang Fei said: "Because this is a widespread problem, people's opinions should be taken into consideration, but the decision must still be made by the chief judge, but the court record will also record these judgment opinions, so that, It can also form a kind of supervision over the imperial court and the procuratorate.

If it is only a matter of the interests of Cai Jing and Ye Zuqia, even if the judgment is wrong, it will hurt the chief judge, the chief prosecutor, as well as the defendant and the plaintiff, but if it is a wide-ranging problem, it will cause very bad effects. More supervision is by no means a bad thing.

It can also provide some ideas for the judge. "

Su Zhe, who was still resolutely opposed just now, couldn't help but nodded slightly when he heard this.

Zhang Fei continued: "Besides, the conditions we mentioned just now, except for national interests, must be extensive. Based on these two conditions, there are not many cases where they can participate.

This will not cause us too much burden, but it may improve the efficiency of certain cases, because sometimes the president is really in a dilemma when faced with some cases between law and reason , when a third party is introduced, it can reduce the pressure on the president of the judge, and it will not be said that it will be delayed for a long time. "

Su Zhe smiled and said, "Just like this one."

Zhang Fei smiled, and said: "In addition, there is another benefit, that is, more people can understand the law. The law to protect itself, so that it can play a greater role."

Cai Bian and the others nodded frequently.

It sounds like the advantages outweigh the disadvantages.

Su Zhe still had some doubts, and said: "It sounds feasible, but you still have to be cautious. First of all, there must be a clear system to stipulate which cases cannot use this system, which can be cited, and how to choose." People, how many people to choose.”

Zhang Fei nodded and said: "Of course, and there is no rush, you can take your time, after all, we have just established ourselves here."

Su Zhe breathed a sigh of relief, he was really afraid that Zhang Fei's head would get hot, and he would directly formulate this court trial system.

Obviously he doesn't know Zhang Fei well enough. Every step of Zhang Fei seems bold, but in fact he is steady.

Although both the civil law system and the maritime law system actually have a jury system, it just means that the function is different.

But Zhang Fei never considered these factions. After coming here, he never thought about whether it is the mainland or the ocean, because this is a feudal society with many restrictions, and it cannot be copied mechanically. Keep trying, no matter if it is a continent or an ocean, even if it is a hybrid, as long as it can be used, it is a kind of progress.

As for the introduction of the jury system, Zhang Fei had thought about it a long time ago, but the purpose is really not for justice and supervision, that is secondary, but mainly for the popularization of the law and legislation.

Because some of the current laws are extremely feudal and involve Confucian etiquette issues, such as the mutual killing between master and servant mentioned just now, if Zhang Fei wants to change it himself, he will make too many enemies and the pressure will be too great. Turn a corner, speak out through someone else's mouth, and then use it to test it out, if it works, you can do it, if it doesn't work, let it go.

In this feudal society, he will not persist too much, after all, the head is the most important thing.

......

However, today's lawsuit is also a unique lesson for the people of Hezhong Mansion.

Although the Hezhong Mansion also has ear pens, it is the same as the previous Kaifeng Mansion. The ear pens generally do not go to court and only write pleadings. In fact, they are far inferior to the previous Kaifeng Mansion.

They only found out today that they were able to review cases like this.

There is more to come!

At the same time, this justice concerns everyone, including those officials and scholar-bureaucrats.

The restaurants in Hezhong Mansion are almost full today, and friends gather together to discuss every detail of this trial.

Of course, there are still many praises.

Even if it is a brush man, Li Zhongke, they have to wait until they boast to a certain extent before they will show up and put forward different opinions to show their talent and depth.

The largest restaurant in Hezhong Prefecture, Shuiyun Pavilion.

In an elegant seat on the third floor, Wei Yingfang heard the discussion downstairs, took a sip of wine, and sighed: "It's really a steal!"

Originally, he wanted to use this lawsuit to make things difficult for Zhang Fei, but he didn't know that this public prosecution law became famous and deeply rooted in the hearts of the people, which made him very speechless.

Cao Yi hurriedly said: "Wei Tongju should believe it now, what my cousin said is true, this man is very skilled, especially when it comes to the law."

Wei Yingfang said unhappily, "Wouldn't that be even worse."

"That's not entirely true." Cao Yi said with a smile.

Wei Yingfang hastily asked, "What's your plan?"

Cao Yidao: "My cousin said that they had nothing to do with Zhang San, because he was just an ear pen at that time, not an official, and he was the son-in-law of Dali at that time, so there was no way to take him for a while. Ways. But at this time, at that time, now he is an official, he shoulders the responsibility, and many methods can be used."

"For example?"

"Salt Lee, for example."

"Salt benefit?"

"Good!"

Cao Yidao: "In the final analysis, this case is only related to filial piety. As long as Zhang San does not violate the lake on this point, he will naturally get everyone's support, but if it is about interests, then it is not necessarily so.

Many officials have proved before that anyone who wants to use salt will inevitably attract endless retaliation, and no one can avoid it. Look at that Xue Xiang, although he has a good political record and now has the support of Wang Xueshi, he has been impeached all the time, not because of the new law, but because of the profit.

This salt administration is a pool of muddy water. Everyone knows whether it is illegal or not, but everyone can only turn a blind eye, because salt interests are related to finances, and there is no room for loss! "

"Good."

Wei Yingfang smiled and nodded: "We can choose some cases for him to try. Whether he offends the officials or the people is up to him to choose. Hehe......!"