Judge of the Song Dynasty Chapter 355: Governing troubled times, use heavy codes?

Chapter 355 To rule troubled times, use heavy codes?

Careless!

It's really careless!

Yan Fu and those old masters never thought that Zhang Fei would unite with those candidates and target them as soon as he came up.

The enemy of an enemy is an ally.

The key point is that in terms of Confucian ethics, they should not open their mouths casually in other people's classrooms.

They are also very helpless about this.

Fortunately, Zhao Xu just said try not to speak, not that they are not allowed to speak, if there is a chance, he can still say a few words, and at the same time he can still maintain his old master's demeanor.

They can only comfort themselves in this way.

Before Zhang Fei came here, he had actually planned to do this. It wasn't because he saw that black and white were clear, so he made up his mind temporarily, and it wasn't because he was afraid of these old masters. .

But for a lawyer, order is the most important thing, and a debate without order is not a lawyer's bullshit.

Zhang Fei did this just to maintain order in the classroom, let's fight slowly.

This is also why he is unwilling to discuss this issue with Sima Guang, and even Xu Zun. This discussion can never be finished, even in modern society, they are still discussing these issues.

Back on the podium, Zhang Fei flipped through the textbook he had prepared, "In the last class, we explained the original intention of the establishment of the Law School. Law studies are not just a few simple laws and regulations, its importance is self-evident In this class, we will continue to explore the essence of jurisprudence."

"Teacher!"

Suddenly, someone shouted softly.

Zhang Fei looked up and saw that it was Cai Bian, and asked, "What's the matter?"

With a respectful smile on his face, Cai Bian reminded softly: "Could it be that the teacher forgot that there is still a question that I didn't explain clearly in class."

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

A murderous gaze shot from a distance.

Don't even think about it, you know it's Wang Anshi.

You forgot all about my question.

Cai Bian said: "It's the question of the legalists rejuvenating the Qin Dynasty."

Ye Zuqia immediately echoed: "Yes, Xueshi Wang raised this question in class, but combined with what the teacher said at the time, it seems to be contradictory."

The rest of the students also nodded obediently.

Although they also came here for revenge, they now know that they are still able to ask questions because it is entirely dependent on this being their classroom, so they must abide by the classroom discipline, otherwise, those old masters will take advantage of it enter.

This "teacher" is really sweet.

Even if you say "NMLGB", you have to use honorifics.

Zhang Fei couldn't help but glance at Wang Anshi, and then said: "Oh, this was proposed by Wang Xueshi. I will discuss it with him in private. We still have to focus on the curriculum."

Course?

There are no textbooks, what courses are taught.

Wang Anshi opened his mouth, but he held back, thinking, this kid wants to do the same trick again.

Coincidentally, other people think so too.

At that time, Wang Anshi had just raised this question, and the class was over. Zhang Fei said that he would discuss this question in the next class, which caused those students to study this question.

Now that Zhang Fei wanted to change his mind again, it was nothing more than setting up another question and catching them off guard again.

How can Zhang Fei succeed by eating a pit and gaining wisdom.

Cai Jing immediately said: "Teacher, this question is also related to the difference between the law of the legal system and the law of the Legalists. I haven't figured it out until now. I hope the teacher can solve the confusion in our hearts."

Seeing that the students were also aware of Zhang Fei's tricks, Wang Anshi couldn't help laughing to himself, you really look down on these students too much if you want to get away with it.

Zhang Fei glanced at them and saw that they were ready to move, so he closed his notebook, "Since none of you have figured out this problem, that's fine, let's continue discussing this topic."

Speaking, he came to the edge of the podium again, leaned on the podium, folded his hands on his chest, "If I remember correctly, during the Spring and Autumn Period and the Warring States Period, Legalism represented the most powerful and advanced thought , whoever uses the law will dominate. First Qi, Wei, Chu, and finally Qin. Qin used it best and most thoroughly, so Qin had the last laugh.”

Cai Bian immediately said: "Governing a troubled world requires heavy codes. In the Warring States period, the chaos was even more chaotic, and the country was governed by heavy codes, so Qin became stronger. But the teacher seems to disagree with this."

Zhang Fei smiled wryly and said, "Who told you that to govern a troubled world requires heavy codes."

Cai Bian replied: "It was mentioned in the Shangshu."

Zhang Fei said: "First of all, you have to understand that Qin State used the legalist method. Although it contains heavy codes, it is not used to rule the troubled times, because at that time Qin State was not in troubled times, and the troubled times were compared with the Zhou Dynasty at that time. From the perspective of Qin, the legalist law of Qin State is for strengthening the country.

Secondly, you said heavy codes are used in troubled times, so please give me a successful example. The Han Dynasty ruled by doing nothing, and Emperor Taizong of Tang was a representative figure of prudent punishment and less punishment.

The Xingtong of the Song Dynasty and the Law Shuyi of the Tang Dynasty are in the same line, but the punishment for thieves and thieves was increased, but it didn't seem to have much effect. "

As soon as these words came out, the group of prime ministers behind all showed embarrassment.

The same is true.

It really seems useless, they can only comfort themselves, if they don't repeat the code, it may be even worse.

Zhao Xu and Fu Bi are looking forward to it.

This problem has always existed, but everyone has no good solution, do you have it?

I also heard Zhang Fei say: "In the age of warlords, it is certainly possible to use heavy codes for marching and fighting, but it is absolutely impossible to use them to govern troubled times."

Cai Bian asked: "Why?"

Zhao Xu, Wang Anshi, Sima Guang and the others also looked at Zhang Fei very suspiciously.

Because the debate about severe punishment and cautious punishment is also a topic of frequent debate within the ruling group of the Song Dynasty. Some people advocate severe punishment, while others advocate careful punishment and light punishment.

But I didn't say anything, Zhang Fei was so arbitrary, even if he advocated light punishment, he thought that he had to keep pace with the times, and he didn't oppose strict governance. Penalties should be developed in the direction of prudent punishment and light punishment.

And if you want to deny the legalist law, severe punishment and severe law are also a main argument.

As long as you cannot deny this point, the legalist law has the meaning of existence.

Zhang Fei said: "In troubled times, the corruption of the legal system will inevitably lead to thieves and bandits everywhere, and there are people who break the law and discipline everywhere, but you have to understand that this is not what most people want, and they are forced to do nothing about it." , if you don’t rob people, you will have to be robbed, so you took this road.

If everyone is born to be a thief, then there will be no law of the rule of law. The concept of the law of the rule of law is a consensus to defend the legitimate rights and interests of individuals. It is not Li Kui's own wisdom. If If everyone wants to be a thief, then there will be no such consensus, let alone heavy codes.

Based on this point, if you use heavy codes to rule the world, the people will think, I broke the law before, will you settle the old account? Moreover, once a bad habit becomes a habit, it will not be able to change for a while. This easy fishing may be a death sentence. Do you think he will surrender himself, or will he go up the mountain to become a thief?

This will lead to the situation of Qin State. Qin State's severe punishment and law are already at their peak. Then do you think that the law and order in Qin State is better, or the law and order in Zhenguan period is better? "

"The Zhenguan period." Shangguan Jun replied.

The literati and bureaucrats in the back also nodded frequently. Of course they like the Tang Dynasty, but they don't like the Qin Dynasty.

Don't look at the dark history of the Xuanwu Gate Change, which violates Confucian morality, but Tang Taizong is the favorite emperor of Confucianism in later generations.

To set an example, you must first find a successful person, which is the most basic. Song Xianggong is also benevolent and righteous, but Confucianism seldom mentions him.

Tang Taizong is not only strong in martial arts, but also strong in literary governance. After such an exaggeration, he is basically the perfect monarch in the hearts of Confucianism.

As for Li Jiancheng, the Confucianists did not say that they should ignore him. Since the Tang Dynasty, Confucianism insisted that the eldest son ascend the throne.

Because in the Tang Dynasty, the eldest son's accession to the throne has become a kind of counterattack, and Wu Zetian is a second daughter.

Using Zhenguan to suppress the Qin Dynasty, of course they will not object.

"Exactly."

Zhang Fei said: "People are not sages, no one can do anything wrong, not to mention that some illegal acts are caused by natural disasters, then you are facing a dead end. As far as human nature is concerned, as long as you have the opportunity, you will definitely fall into the grass. Better to die than to live.

The harsh punishments and harsh laws of the Qin Dynasty soon led to bandits all over the mountain. From Qin Xiaogong to Qin Shihuang, the people of Qin gradually understood a truth. First, never break the law. , when the robbers go. "

Cai Bian asked, "Can a light punishment cure a troubled world?"

"This is the only answer." Zhang Fei said with certainty.

Cai Bian was taken aback, and asked, "How do you say that?"

"I repeat again, the law of the rule of law is a consensus of individuals to defend their legitimate rights and interests. Since it is a consensus, it will have the ability to restore itself. When everyone knows that the law has been restored, I will no longer be farming. Every day someone comes to rob, and most people will go back to farming, and will not become grassroots bandits. When good people become the majority, grassroots bandits will become weaker.”

"According to the teacher's wishes, the government should do nothing, and use Lao Tzu's inaction to rule."

"The mystery is here."

Zhang Fei said: "I just said that it is acceptable to use heavy codes in marching and fighting, and since ancient times, the requirements for military discipline must be higher than that of ordinary people. This is common sense.

Why? Because they have weapons, and his specialty is killing people. They are very powerful. Once the army makes a mess, the consequences will be unimaginable. I believe I have the most experience of this point. "

Many people nodded.

The Song Dynasty was established from the melee of warlords, and the control of generals was so strict that it was about to abolish martial arts.

Sima Guang took a look, this situation is not right, didn't everyone come to quarrel, why do you all agree with what he said?

Is this just talking about their words, leaving them speechless?

Zhang Fei continued: "In the same way, what about officials? Officials hold power, so the requirements for officials must be higher than ordinary people.

However, heavy codes are often accompanied by power, and they are meant to give officials great power and very little restraint. Is this putting the cart before the horse?

Just turn it upside down again. The key to governing troubled times has never been to govern the people with heavy codes, but to govern officials and restore the legal system, which still needs to be guided by the government. "

The old masters who were still nodding frequently woke up when they heard this.

Good guy!

After talking for a long time, it turns out that they want to punish us severely?

This son is really ambitious!

Ye Zuqia also seemed to feel the chill behind him, so he said: "According to the teacher, we should use heavy codes to govern officials."

Zhang Fei said: "I just said this, you don't have a long memory, the people are like this, and the officials are even more like this? If this is a strict law on officials, and the officials are greedy for a penny, then you can't kill everyone in the village. , which is terrible.

Many laws and regulations in the criminal system of the Song Dynasty have this kind of thinking. If you force people to die, most of them will jump over the wall and become desperadoes. If you are engaged in justice in the future, you must pay attention to this issue. "

Shangguan Jun immediately said: "In the final analysis, it depends on the ability and character of the officials, not the law of the system. This requires relying on the laws of Confucianism. Only officials with good moral character can govern the troubled times well. "

The old masters smiled again, if this son is not the champion, he is really blind.

Governing officials must use virtue, but not heavy codes.

Zhang Fei came to the wooden board that had been prepared for him long ago, and wrote a sentence with charcoal pen, which is exactly the ancestral method of the Song Dynasty.

This time he tapped on the wooden board lightly, "Is there any hint of morality in my ancestral law?"

Countless murderous gazes shot from the white hair.

Originally, it was there, but you made a mess of it.

The previous ancestral law was full of benevolence and righteousness everywhere. They also included some policies of Taizu Taizong, all of which were traditional Confucian policies.

A lawsuit has turned this ancestral law into a sentence.

When you mention this, they hate it!

Zhang Fei said again: "I just said that the constraints on the army and officials must be higher than those on ordinary people. But is morality a kind of constraint? No! It's a kind of self-cultivation, otherwise , there is no need for laws, and the rule of virtue can handle everything. Although this is not putting the cart before the horse, the rule of virtue can still play a supporting role, but it is not a constraint after all.

The law of our ancestors actually includes the law of governing officials, which checks and balances each other, but how to check and balance, remember, this is the key, and it must be based on the law of the legal system.

It is true that people enforce the law, but it must be ensured that the people who enforce the law are also supervised by the law. "

Shangguan Jun retorted: "But in the end, the law is dead, but the people are alive. It is impossible for the law to take the initiative to supervise the people who enforce the law. People still need to supervise."

"That's a good question, this is my major."

Zhang Fei laughed and said: "That is the law of litigation. Why do people in the court always discuss that the law of litigation should be abolished. It is very simple. The common people do not understand the law, but Er Bi understands the law.

Litigation is actually the combination of the law of our ancestors and the law of the legal system. One of the meanings of "preventing everything and making it happen" is that when designing a system, careful and rigorous consideration must be given.

The method of decentralization is used in the court, but how is it used in the civil society? The best method is the law of the rule of law to safeguard the legitimate rights and interests of individuals.

You have the right to arrest me, but I also have the right to defend my legitimate rights and interests. The occurrence of an unjust case has no interest relationship with the superior, but it has a close relationship with the victim.

The law of Confucianism and the law of Legalism both require superiors to manage subordinates, while the law of the legal system is to pursue the right of the people to litigate. You say that method is more likely to avoid unjust cases. "

The rule of law and the rule of man are never opposite, but relative. The stronger the rule of law, the weaker the rule of man. Conversely, the stronger the rule of man, the weaker the rule of law. But the rule of man will not disappear, the rule of law can disappear .

The greater the power of individuals to defend their legitimate rights and interests, the more inclined the society is to the rule of law, and vice versa, it tends to the rule of man.

Shangguan Jun said: "You can appeal to your superiors."

Zhang Fei said: "You don't care about the superior or the superior, you answer first, which method is more likely to avoid unjust cases."

Cai Jingdao: "Of course it is the law of the rule of law, so our dynasty allows the people to sue the government."

As expected of a treacherous official, he can speak. Zhang Fei nodded with a smile and said, "That's the truth. As for going to the superiors to sue, you have to understand that if you don't sue, you don't have much responsibility with the superiors, and you may be fooled by the officials below.

But if you sue, he is responsible, and it is the main responsibility. Of course, he may bend the law for personal gain, but there is no best way in this world, only relatively good ones. "

Ye Zuqia suddenly said: "People who have grievances can appeal, which is a matter of course, but I think it is still debatable whether to use Erbi to file a lawsuit.

Because Erbi's litigation is not for fairness and justice, but for profit. Some Erbi's intentions are not righteous. In order to seek more benefits, they turn a simple lawsuit into a very complicated one. Not only the grievances are even worse, At the same time, it will only increase the consumption of the government, especially when the finances are difficult. This will cause many unjust cases to be stranded, and it is not a kind of putting the cart before the horse. "

"Well said!"

Zhang Fei smiled and said: "This is the main reason why the Legalists were able to unify the Qin State and the six countries, but I let everyone take warning."