Judge of the Song Dynasty Chapter 652: Fangs

You don't need to think about it, you know who is being sour.

It is Su Zizhan.

Three years!

He stayed in Yangzhou for three full years, and when he came back this time, he would feel sorry for himself if he didn't say a few words of sarcasm.

But Su Shi's sarcasm won many people's nods.

Everyone has seen Zhang Fei's eloquence, and what he said was extravagant, but Fan Chunren followed his words to the trial, and the result was like that.

Day! You went to Yangzhou, it was all arranged by Old Sima, I just nodded, why are you sour on me, pure jealousy. Zhang Fei murmured to himself, and said: "Although I have only been the chief judge for three years, in these three years, I have sentenced cases that those who have been promoted to criminals have not been able to achieve in ten years.

Therefore, I think I should not talk about it on paper, but a talk of experience. After all, I am not like some officials. Although I have a lot of seniority, I may spend more time in the brothel than in the official office, if he has an official office. "

"Haha.!"

Many people immediately laughed out loud.

The mouth of this Erbi is still as poisonous as ever!

You don't need to think about it, but you know that you are satirizing Su Shi, because Su Shi does not have an official office in Yangzhou, but an office in a local patrol courtyard.

Su Shi's handsome face suddenly flushed red, and the resentment towards Sima Guang in his heart increased by another ten thousand pascals.

Zhang Fei didn't want to get entangled with Su Shi at this critical moment, so he quickly returned to the topic, "Let's talk about 'no compensation' first. This 'no compensation' doesn't mean playing rogue, but that the government did owe some military salaries and pensions Jin, but the government is unable to compensate, and many people think that the overall situation should be taken into account, so let's assume that in this case, the public security law has no right to intervene, so let's see what happens."

Speaking of this, he spread his hands, "Actually, if you open the history books, you will soon find the answer. Mutinies and defeats can be found everywhere because of arrears of military pay and non-payment of pensions. If you are familiar with history books, you should be more aware of the stakes than me."

Pei Wen immediately questioned: "You seem to be overgeneralizing and the article is not on the topic. Most of the mutinies are due to corruption, which leads to arrears of military pay and non-payment of pensions. Naturally, severe punishment is required for this situation. And you assume What’s more, the government’s finances can’t afford it.”

Even Wen Yanbo nodded and said: "The inability to pay and the deliberate deduction of military pay cannot be generalized."

"Okay!"

Zhang Fei nodded, "I'm not talking about the situation of the Yongxing Army. It's only in arrears and never compensated. After all, you can also say that the finances have always been bad, and they have never been able to afford it."

Everyone was speechless.

Stinky boy, grab our lines.

Zhang Fei said: "That's the way it is, but will the result change? No matter what the reason is, will the arrears of military pay affect morale, affect the combat effectiveness of soldiers, and even cause the army to mutiny?"

Wang Anshi said: "Although that is the case, what we want to know is how to solve the problem. Blindly allowing financial expenditures may cause even greater chaos. Just like Qingzhou, the imperial court forced the transfer department to demolish it. The east wall, the west wall, will lead to more arrears of military expenses and cause greater chaos, this is not the solution!"

Sima Guang glared at him sideways.

Zhang Fei said with a smile: "Scholar Wang is right, but we have to take it step by step. Arrears of military pay and suspension of pensions will lead to the results I said?"

Everyone was silent.

Sima Guang nodded and said, "Of course."

"That's it."

Zhang Fei immediately picked up a charcoal pen, first drew a circle, with the word "no compensation" on it, and a vertical line below it, writing the inevitable consequences. He added: "Now let's see what the consequences will be if the imperial court intervenes and forces the government to pay compensation under the same conditions.

Since the imperial court intervenes, it must act in accordance with the law. If the law is followed, the government must do its best to repay the money. It is only right and proper to pay back the debt. This is like a farmer who owes money to the landlord and may eventually have to sell his wife and children. repay.

Based on this, will there be mutiny, defeat, or even more serious phenomena? "

Meng Gansheng said: "Of course it will."

Zhang Fei said: "Please pay attention to my wording, is it sure?"

Meng Gansheng said: "Of course it will."

Zhang Fei asked: "Why didn't the Hezhong Mansion appear?"

Meng Gansheng blinked, and hummed: "That's because of the outstanding ability of Bachelor Yuan."

Zhang Fei said: "Yes! That means, it may not appear."

Meng Gansheng said: "Arrears of military pay may not necessarily lead to mutiny or defeat."

Zhang Fei said: "Meng Zhiyuan might as well give an example, or ask the finance minister not to pay the imperial army for three months, and then let them go to war, see if it will happen."

".!"

Meng Gansheng opened his mouth slightly, but he didn't know how to refute.

Zhang Fei said with a smile: "If Meng Zhiyuan is in arrears with three months' salary, it is estimated that Meng Zhiyuan will not be willing to work, let alone the soldiers will have to work hard."

Meng Gansheng said: "Don't talk nonsense, we all grew up reading sage books, not for fame and wealth."

Zhang Fei said: "But the financial difficulties, Meng Zhiyuan did not take the initiative to cut the salary, or persuade the ministers to cut the salary together."

"You!"

Meng Gansheng couldn't help being anxious and angry, he glared at Zhang Fei angrily, but couldn't speak.

Su Shi suddenly said: "What Chief Judge Zhang said will definitely happen is based on the fact that he has been in arrears with the military and has not resolved this problem. However, looking at the success of the Hezhong Mansion, it means that the government will definitely find a way to solve it. This is biased again. .”

Everyone woke up like a dream, yes, your unfair comparison almost brought us all into the ditch.

"Mr. Su!"

"Please call Prosecutor Su."

Su Shi corrected immediately.

Sima Guang has a headache.

"Sorry!"

Zhang Fei smiled sheepishly, nodded and said, "Prosecutor Su is right. He can pay back the military salary in arrears. However, I don't know if you have noticed that since ancient times, there has never been a mansion like Hezhong Mansion. That kind of compensation. Including the case of Yanchao, whether it is Yanchao or Jiaozi, there has been depreciation in the past. If Yanchao and Jiaozi are a contract, depreciation is a breach of contract, but the government has never compensated.”

The audience was silent.

All default.

Since ancient times, military pay has been either not owed, and if owed, it will only become more and more owed, and it is impossible to pay back.

Zhang Fei said with a smile: "If it had happened, then the imperial court's judgment would not have caused such a big controversy. This point has to be analyzed from the legalist law and the legal system."

Speaking, he wrote on the screen the law of legalism and the law of legalism, "As for the concepts of the two, everyone should know that under the law of legalism, assuming that what the monarch requires is (1), Government orders are issued layer by layer, and the final reward to the monarch must be (1).

Looking at the law of the rule of law again, it is also assumed that what the monarch requires is (1), the government orders are issued layer by layer, and the final reward to the monarch is...? "

He paused for a moment.

Boy, do you want to see us make a fool of yourself again? We are not the group of young candidates. Wang Anshi said: "It's still (one)"

Zhang Fei asked: "Why?"

Wang Anshi said: "Because the law of the rule of law is first and foremost to defend the interests of the monarch."

"Good!"

Zhang Fei nodded, "Actually, it is (one) to give back to the monarch. Looking at it this way, there seems to be no difference between the two. In fact, it is not the case. Under the legalist law, officials only need to be responsible to the monarch and complete the monarch's instructions. .But under the rule of law, although the monarch’s instructions must be fulfilled, everyone’s legitimate rights and interests must be defended at the same time. The difference lies in this extra step.”

While speaking, he drew the corresponding pattern. There is only one feedback line on the side of legalist law, while there is an extra line on the side of legal system, enclosing "the legitimate rights and interests of everyone" in it .

"According to this picture, it is not difficult to understand why since ancient times, there has been no compensation like that of the Hezhong Mansion, but this phenomenon has appeared after the emergence of the Public Security Law. It is very simple. In the past, officials only had to be responsible to the monarch. This is why Most importantly, as for increasing taxes and paying less military pay, these are secondary, because officials do not need to be responsible to them, but the rule of law cannot do this.”

Wang Anshi smiled and said: "According to the theory of Bachelor Sima, there are only a few things in the world. If they are not in the people, they are in the public. There is only so much money. Since it is responsible to the monarch, it will inevitably increase. A little tax, a little less military pay."

Sima Guang immediately said: "If the monarch saves money, he can get the best of both worlds."

Wang Anshi said: "But what Chief Judge Zhang is asking for is (one), not (zero). If you still ask the officials to save money, it's cheating, and it's not enough to convince the public."

Sima Guang was at a loss for words for a while.

In fact, this is the main reason why Sima Guang lost to Wang Anshi. What Zhao Xu asked for was (1), and you Sima Guang wanted to give me one (0.5), so of course Zhao Xu chose Wang Anshi.

Zhang Fei hurried out to smooth things over, "Actually, both of you are right."

"How do you say that?"

Wang Anshi and Sima Guang spoke in unison, and even looked in the same direction, staring at Zhang Fei.

Do you understand what it means to be irreconcilable, even if there is him without me, how can it be correct.

It's day! I! Zhang Fei was secretly unhappy, and said: "Dare to ask you two, how did the Hezhong Mansion solve this problem?"

Sima Guang immediately said: "Disarmament."

Wang Anshi said: "Salt debt, salt money."

"Good!"

Zhang Fei nodded and said: "Disarmament is actually saving money. Salt debts and salt money are to increase the wealth of Hezhong Mansion, so both of you are right."

After that, he quickly skipped the topic, and said again: "The most important thing is to give back to the monarch (one)."

Wang and Sima kept their mouths shut, but they were not convinced.

Zhao Xu sneaked a glance at them, then shook his head helplessly.

Zhang Fei went back to the screen again, "The difference between the two is that the interests of the legalist law are only the monarch, while the legal system includes both the monarch and the people. So, which of the two will protect the interests of the monarch more? "

"Naturally the latter."

A young examinee said suddenly.

Zhang Fei asked: "Why?"

The examinee said: "The people also belong to the interests of the monarch. The sage said that water can carry a boat, and it can also capsize it."

"Exactly."

Zhang Fei said: "Although it seems that the legalist law is only for the monarch, and the whole system is only for the monarch, it seems to fully protect the interests of the monarch, but in fact the monarch's income from it is far less than that of the legal system. This is a typical example. Hard work is not easy, the situation of the Qin Dynasty is a good proof of this, and it is no wonder that the Legalists eventually went into decline."

Zhao Xu nodded frequently when he heard it. In fact, he also agreed with this truth. If the people are offended, then the country will definitely be over. The key lies in how to balance it.

At this time, an official in his thirties suddenly asked: "Water can carry a boat, and it can also overturn it. This is the Confucian thought of benevolent government."

Zhang Fei said with a smile: "It can be seen that Confucianism has considered this problem, so it finally defeated Legalism and had the last laugh.

However, Confucianism is very similar to Legalism in that it is completely oriented towards the monarch. Every sentence in the thought of benevolent government, although persuading people to be kind to the people, is what ministers and monarchs say. In fact, it is a typical Confucian law. What he requires is that the monarch's instructions change from (one) to (zero), and the officials only need to give feedback (zero). Wouldn't everyone be happy?

So the difference between the law of Confucianism and the law of Legalism is that the law of Confucianism intervenes before the imperial decree is issued, while the law of Legalism only gives feedback on the results.

Comparing the two, the Confucian method is obviously superior. After all, the purpose of intervening before the imperial decree is to defend the interests of the monarch, and this interest refers to the common people. "

The people sitting here nodded straight.

One and Zero, thoroughly analyze the implementation process of Legalism and Confucianism.

Wang Anshi asked suddenly: "What about the law?"

Zhang Fei hesitated a little, and said: "The two are not comparable. I can only say that the best way to implement Confucianism is actually the law of the rule of law."

As soon as these words came out, everyone was taken aback.

Although they don't understand, Fu Bi and Sima Guang have a very thorough understanding of Zhang Fei's speech skills.

Zhang Fei has always just denied the law of the Legalists, and the laws of the legal system are to replace the laws of the Legalists, but for the laws of the Confucianism, Zhang Fei is more of a fusion rather than a replacement.

This is also a key reason for the success of the legal system. If it is to replace the Confucian law, it is not a generation of masters, but a traitor.

Wang Anshi didn't understand for a while, "How do you say this?"

Zhang Fei said: "On the issue of (zero) and (one), the current method of Confucian law is to follow the doctrine of the mean. A little bit, and this is the problem that the Hezhong Mansion faced before. If it owes a lot of military pay, it must have been messed up long ago. There is not much owed, and it depends on the situation. Anyway, it is to avoid chaos.

However, there is a fatal problem here, that is, from the perspective of Confucianism, this is a solution, not an expedient measure, that is to say, it is impossible to repay the debt, and I have never thought Also, this is also a good proof, you can go to Sanya and ask if the soldiers get the full amount of military pay every year, definitely not. But if you ask the third division, if you have detailed debt accounts, you certainly don't have any. "

Many young candidates nodded their heads one after another, but the ministers remained motionless.

That's all.

I have no intention of paying anything in arrears.

But Zhang Fei's explanation is also very good, the way of the mean, how beautifully said.

Zhang Fei went on to say: "But day after day, year after year, it accumulates more and more. If the predecessors can't solve it, the future generations will be even more unable to solve it. This will cause problems sooner or later."

Many ministers nodded after hearing this. At this time, Song Dynasty was facing this problem. At first, it seemed that it didn't matter if he recruited more officials.

In fact, many ministers want to lay off officials, but the problem is that there is too much resistance.

Zhang Fei added: "The rule of law is to protect the interests of the monarch and the country, as well as the legitimate rights and interests of individuals. Isn't this what Confucianism is trying to embody?"

Wen Yanbo questioned: "But no one can say it, the key is to be able to do it!"

If you have never been a prime minister, you don't know how difficult it is. These prime ministers don't want to have both, but the problem is that they can't do it at all.

Zhang Fei smiled and said, "I want both. It sounds like I'm very greedy. There is an old saying that you can't have both. But it's not the case. The rule of law requires both. , is to protect the basic rights and interests of both parties, and to prevent losing more, rather than asking for more. For example, it is obviously very difficult for a person to earn a hundred guan a day, even daydreaming, but if the person says, one day It's not very difficult for only thirty dollars."

Wen Yanbo nodded thoughtfully.

If you want to explain it this way, this is both necessary and necessary, and it doesn't seem to be very greedy.

But the question is, it is possible to let the people spend less, but can you make the emperor spend less?

Of course, it is inconvenient for Wen Yanbo to say this on such an occasion, so it can only make Zhang Fei feel a little bit cheap, and let's see what he says later.

"After clarifying the concept of the implementation of the legal system, let's take the case of Hezhong government's military salary and pension as an example to see how the legal system works and whether it can really defend the monarchy, the country, and the people's rights. Interest, in simple terms, is whether you can achieve both what you want and what you want.”

While speaking, Zhang Fei wrote "Military Pay of Hezhong Mansion" in the middle of the screen again, then turned around and said to everyone: "Everyone should be very clear about the process of this case, even if someone files a complaint, the government will not Pensions were issued, and after the public prosecutor's decision on the case, many soldiers came to sue, claiming that the government was in arrears with the military.

At that time, the Public Prosecution Law made a judgment according to the law, and made a judgment based on specific evidence. Anyway, the compensation was as much as it was.

Actually, many officials complained at that time, saying that the Hezhong government’s finances were insufficient, and the public security law should take into account the overall situation.

The final result is that Bachelor Yuan came up with a complete compensation plan, including disarmament, salt debt, salt money, and installment compensation.

Many people think that this is due to Bachelor Yuan's outstanding personal ability, and some people think that it is because of the huge salt power of Hezhong Prefecture, it may not work if it is a different person or a different state capital.

But as a system, if you change the individual or the state capital, it will not work. This system is obviously a failure.

Therefore, we assume that Bachelor Yuan didn't come up with a solution, and the Hezhong Mansion didn't have any profit. The government really can't afford to pay so much money, so in this case, what will the public security law do? "

Is this the Hezhong Mansion?

This is clearly Qingzhou.

He is not explaining, but teaching Qingzhou how to deal with it.

Hearing this, everyone can be regarded as having heard some tricks, and cheered up.

Zhang Fei glanced at him, "Everyone should have read the case I have judged in Hezhong Mansion. In such a situation, what would the Public Security Bureau do?"

Have you passed the sentence?

People in the Legislative Council looked at each other in blank dismay.

I have no impression!

Are you missing something.

Fu Bi also frowned, and suddenly said: "Enforcement."

"Fu Gong is absolutely right."

Zhang Fei said: "It is mandatory execution. In many cases of insolvency, the imperial court chooses compulsory execution."

Lu Huiqing questioned: "But those are the common people. In this case, the other party is the government."

Zhang Fei said with a smile: "In the eyes of the public prosecutor, this is a debt lawsuit. Although one party is the government, it may have its own particularity, which may lead to some differences in execution, but in terms of judgment, it cannot If there is a difference, otherwise, the common people will not accept it.

If it's really not up, there will definitely be coercion in the judgment. About this point, I also talked to Bachelor Yuan.

This is already the worst situation, there is really no way. Then let's see if it is enforced, the law of the rule of law can still protect the interests of the monarch, the country, and the people, and whether there will be disregard of the overall situation that the Legislative Council disputes. "

"It must be."

Deng Wan said firmly.

"This is easy to deduce."

Zhang Fei smiled slightly, and said again: "Under the enforcement of the imperial court, the government has to deal with it and find a way to repay these debts. The best strategy is naturally the plan proposed by Bachelor Yuan. policies to improve the government's finances, and then use the excess money to pay back.

But the premise we assume now is that the government cannot use policies to adjust and repay the debt, so the government can only use one method to repay the debt. "

Wang Anshi immediately said: "That is the next strategy to save money."

Zhang Fei laughed awkwardly, "Yes, it is to save money, but people have misfortunes and blessings, so saving is not a good idea."

Lu Gong wrote with emotion: "But it is difficult to go from extravagance to frugality!"

This sentence tells what is difficult.

You save, whoever gets the money.

"Yes."

Zhang Fei said: "But this is mandatory execution, and it must be implemented even if it is difficult. Then the government has to look at its main expenditures and find ways to save. The main expenditures of the government are the money handed over to the court, the salaries of officials, and the soldiers' salaries. , and the public expenditure of the Legation.

The most insignificant expenditure among them is the public expenditure of the Legation. First, save a little here, but it is not enough, so disarmament is also a way to save, but soldiers must defend their homes and the country, and they cannot be blindly disarmed. It can be cut properly, but after cutting, it is still not enough.

The next step is the salary of the officials, so the officials will be dismissed, leaving only the necessary officials. But it was still not enough, and the money turned over to the court was reduced, but it was still not enough. "

Everyone was stunned and terrified.

They originally thought that Zhang Fei was hinting at layoffs, but after layoffs it was still not enough. What are you doing?

Pei Wen said: "If there is not enough, there will be nothing."

Zhang Fei said: "We just have to do it according to the worst situation, so that we can test this system."

Sima Guang suddenly glanced at Liu Shu.

Liu Shu understood, and immediately said: "This is not the worst situation."

Zhang Fei asked: "What Liu Shilang said is the worst thing."

Liu Shudao: "You are only implementing it unilaterally, and the government is like a dead thing, but this is not the case. If the government first embezzles the military salary for compensation, and never owes more military salary, this will cause even greater chaos." /

"It's all the same."

Zhang Fei said with a smile: "As long as the evidence is solid, it must be enforced. If you owe more people, you will pay more money. But since the government is willing to pay money, it will not cause chaos!"

Liu Shu was stunned, "But the government can't afford it."

Zhang Fei said: "There is nothing difficult in this world, as long as there is a caring person, the government will still be able to afford compensation. This has not yet started selling land and houses."

Liu Shu was immediately dumbfounded.

But it seems that this is the case. The reason for the confusion must be that the government does not pay compensation, but if the government is willing to sell the land and houses to compensate, of course there will be no chaos.

Deng Wan couldn't help saying: "With your method of compensation, the entire government will pay for it."

Zhang Fei said: "According to the law of the law, what should we do in this situation?"

Deng Wan said: "I still want to ask you."

Zhang Fei said with a smile: "I have actually made similar rulings in many cases."

Fu Bi immediately responded, "Debt settlement and debt restructuring."

He has been studying Zhang Fei's judgment for the past three years.

Zhang Fei nodded with a smile and said: "Fu Gong is right. When the compensation reaches this level, it is better to make up the compensation, which is to enter the debt liquidation and debt restructuring.

As far as the individual is concerned, it is to guarantee the basic life of the individual or the family, and all the rest of the income is used to repay the debt. The government should do the same, that is, under the condition of ensuring the basic operation of the government, all the rest will be used to repay the debt.

Although the accounts of the government are very complicated, the imperial court will also use accurate calculations. Five of them will be fired.

For another example, when the envoys came to Hezhong Mansion, they used to have wine and meat, but now they can only control their fill.

For another example, he can only take the salary and not work for those posting officials, and laying them off will not affect the operation of the government, so they are all laid off.

The disarmament is the same principle, keep only what is needed, and cut off the rest. "

Before the words fell, there was an uproar below.