Judge of the Song Dynasty Chapter 364: People and punishment

Chapter 364 Civil and punishment

With the in-depth discussion, everyone agrees more and more with what Fu Bi said, that the law of the legal system does contain a brand new idea.

What is thought is to be able to explain the relationship of all things.

As far as taxation is concerned, the Legalists rely on power, and use the rewards and punishments of the king to urge the people to seek benefits and avoid harm; personal interests.

The first two are from the perspective of the monarch and the country, but the latter is more about highlighting the individual.

In comparison, the law of the rule of law is obviously more complicated.

Because it is much easier to maintain only one group than to maintain two groups. The key is that these two groups are inextricably linked.

Everyone understands, but they are even more confused.

Cai Bian asked: "Teacher, you said that the regulations of "Song Xingtong" belonged to the laws of the Legalists, so that the common people feared them. If the laws were based on laws, how should the regulations be revised?"

Everyone looked at Zhang Fei in confusion.

Yes.

You have a good point.

But what about feasibility?

Since ancient times, all laws and regulations have been to maintain the rule of the monarch. To highlight personal interests, the laws and regulations must be revised. This is unprecedented.

Fu Bi had thought of this contradiction before. Literally speaking, Song Xingtong ruled with punishment, which must be contradictory to the law of the rule of law.

How to change this?

"I don't know either."

Zhang Fei spread his hands, but then he said: "I might as well try to introduce the legal system and see what happens."

He came to the wooden board and wrote the words "Song Xingtong" on the wooden board, "We have just debated, what interests is Song Xingtong protecting?"

Everyone answered in unison: "The country and the monarch."

Zhang Fei asked again: "What about the law of the rule of law?"

"Personal legitimate rights and interests." Everyone stood up and replied again.

This kind of highly participatory teaching has fascinated some students. Zhang Fei's class has never been that the teacher speaks, the students listen, and the teacher and students explore together.

It is full of participation.

Zhang Fei also wrote "the law of the legal system" and "legitimate rights and interests of individuals" on the side.

".!"

The students fell silent suddenly.

"Hey, hey!"

Zhang Fei hurriedly said: "Your silence is hurting me! If Wei doesn't defend it, answer quickly."

"Dimension Maintenance."

"Of course it is maintained!"

Zhang Fei said eagerly: "Is there any need to think about it? To protect the interests of the people of Song Dynasty, isn't it to protect the interests of the country and the monarch? The two are subordinates. What are you thinking?"

The students looked embarrassed and sorry.

Just now after some debate, the law of the rule of law has become a pure means of safeguarding personal interests in their minds.

But their silence is really terrible!

The official family is just behind!

Zhang Fei asked again: "Under the rule of law, do the interests of the country and the monarch come first, or do personal interests come first?"

"Personal interests."

"It's over!"

Zhang Fei rubbed his forehead, "Are you listening to the lecture? The law of the rule of law comes from a consensus to defend the legitimate rights and interests of individuals. Simply put, it is to defend the legitimate rights and interests of individuals on the basis of consensus.

If there is no consensus, only personal rights and interests, then you can smash, loot and burn, as long as you are happy, as long as you want. This is often the case when countries perish. "

This sentence has been played back and forth hundreds of times, and the students seem to have not understood it thoroughly, so none of them answered it correctly.

It sounds simple, but when used in practice, it becomes extremely profound.

Zhang Fei said again: "If the personal legitimate rights and interests of this sentence are erased, what is it?"

"Legislative law."

"Yes!"

Zhang Fei said: "But the law of the Legalists can still make the Qin Kingdom unify the six countries. If you erase the consensus, the monarch and the country will disappear. Who do you think should be the first? Of course, the monarch and the country Benefits come first. You people!"

He shook his head helplessly, and said again: "After confirming this point, let's take a look, based on the legal system, how should these regulations be amended?

Let's take the law of robbery as an example. A thief sneaked into your house and stole consistent money. Is this a violation of the monarchy's national interests, or personal interests? "

Ye Zuqia said: "This should be a violation of personal interests."

Zhang Fei said: "So it has nothing to do with the interests of the country and the monarch?"

Ye Zuqia said again: "It also violated the interests of the country and the monarch."

"Be decisive, don't you need to think about it, this must be against the interests of the country and the monarch."

Zhang Fei said: "If it has nothing to do with the interests of the country and the monarch, that is to say, as long as the thief goes to your house just to look around and leaves without taking your money or harming you, then he will be fine." Is it illegal?

Theft will not only pose a threat to your property, but may also pose a threat to your life. Whether he stole it or not, if he doesn't, the country may be over.

But at the same time, is it an infringement of personal rights? "

Everyone nods.

Zhang Fei said: "That is to say, both are taken into account. This thief has violated the interests of the country's monarch and personal rights. According to the law of the rule of law, how should the punishment be imposed?"

Cai Bian said: "We must not only bear the punishment, but also compensate for personal losses."

"In theory, it should be so." Zhang Fei nodded, and said: "Let's go back to the classic case of the Han Dynasty, the landlord wanted to use a cow as compensation, but what did people think about it at that time? "

Shangguan Jun replied: "People think that trampling crops is already a felony, and they already have to accept punishment, so he should not be asked to pay compensation."

"Does it make sense?" Zhang Fei asked.

Shangguan remained silent.

"Of course it makes sense. If trampling the crops is a capital crime, you would have killed me and asked me to pay for it. This is indeed too much."

Zhang Fei said: "If you have read similar cases, you will find that although there have been no compensation regulations since ancient times, there is a very important thought, do you know?"

Everyone looked at each other in blank dismay.

Zhang Fei shook his head and said: "Look, you are all reading dead books. If you don't write it in the books, you don't know."

Is there? Zhao Xu recalled it for a while, but he didn't have any clue, so he looked around, "Do you know?"

Xu Zun replied: "It is a reward but not a punishment, and a punishment is not a reward."

"That's right, it's compensation without punishment, punishment without compensation."

Zhang Fei nodded, and said again: "You go back and take a closer look. In many cases, if you pay compensation, you don't need to punish. The interests of the monarch must be punished, but at the same time personal interests must be taken into account, and personal losses must be compensated. Is this too much?"

Everyone nods.

Zhang Fei asked again: "What should I do?"

Shangguan Jun said: "Yes, the penalty can be mitigated."

Zhang Fei asked with a smile: "Why not reduce the compensation? We just made it very clear that the interests of the monarchy should be put first."

"Uh."

Shangguan was immediately stunned.

The other students were also very confused.

It seems that the compensation cannot be reduced.

Zhang Fei said: "If there is only punishment, but no compensation, what is it just for maintenance?"

"The good of the state and the sovereign."

"What if there is only compensation but no penalty?"

"Personal interests."

"Huh?"

Zhang Fei asked with a smile: "The country asks him to compensate the victims for their losses. Doesn't that include national interests?"

"Package contains."

"Of course it is included!"

Zhang Fei said: "The state makes up for the losses of the victims. Of course, it is also safeguarding the national interest. Therefore, the reduction must be a penalty, not compensation. Because the reduction of compensation will result in the loss of personal interests, and national interests include personal interests. Benefits will also be lost. With the reduction of some penalties, the national interests are not lost, and may be increased, because of the gratitude and recognition of the victims.

Then the problem comes again. If the thief enters the house and finds that the owner is more pitiful than himself, he gives up, but is caught again when he goes out. In this case, he did not steal anything, and neither did the owner. There is no way to talk about compensation for losses, and they will only face punishment. Based on what we said before, should this punishment be increased? "

Everyone shook their heads in unison.

Zhang Fei smiled and asked: "Why?"

Shangguan Jun said: "Because it's unreasonable, he didn't steal anything, and he didn't hurt others."

Zhang Fei nodded and said: "The law of the legal system emphasizes legitimate rights and interests. What is legitimate is fairness and justice. This principle cannot be violated.

Let’s go back to the case of the Han Dynasty, trampling crops is a felony, and food is the most important thing for the people, so protecting crops is safeguarding national interests. In this case, the farmer’s cattle accidentally trampled crops. Is there any Infringe the interests of the country and the monarch? "

Cai Bian said: "It depends on how the laws and regulations are stipulated?"

Zhang Fei asked: "How do you say it should be regulated?"

Cai Bian said: "It depends on whether he did it intentionally or not. If he did it unintentionally, he should be sentenced lightly."

Zhang Fei suddenly flipped through the small book, "The Qin Dynasty stipulated that if you steal mulberry leaves from others, you will not be able to earn a penny, so you can talk about it? It costs thirty days. That is to say, if you steal other people's mulberry leaves, even if you don't It's worth a penny, but you have to serve corvee for a month.

If someone deliberately picked a mulberry leaf and sentenced him to a month of corvée labor, this is of course correct in the legalist law, but isn't it right in the legal system? "

Everyone shook their heads in unison again.

Zhang Fei asked: "Why?"

But no one came up to answer.

Zhang Fei said: "When you don't have a clue, think about the concept of the law of the system."

Everyone thought about it, but still had no idea.

Fu Bi suddenly replied: "Personal rights."

Zhang Fei asked: "What does Fu Gong say?"

Fu Bi first smiled, and then replied: "Those who steal also have their own legitimate rights."

"I think so too."

Zhang Fei nodded, "To defend the legitimate rights and interests of individuals, there is no clear distinction between the perpetrator and the victim. That is to say, both sides of the rule of law are equal, and perpetrators also have personal rights.

I didn't break into the house, I just picked a leaf from the tree. Although I did it on purpose, will this cause much harm to the country? But the country wants to sentence me to one month of corvée. Does this count as the country violating my legitimate rights and interests?

If it were me, I would definitely think, you are just looking for a reason to let me work for the country for free. If the penalties are set in this way, there will inevitably be tyranny. Master Wang does not need to reform the draft law at all. He only needs to narrow Bianhe Street a little, put a few acres of land on the side, and arrest people for military service every day. It's free and legal. "

Written by Sima Guang and Lu Gong, they nodded frequently, and a feeling of sudden enlightenment emerged spontaneously.

Their way of thinking is still the traditional way of ruling. Whether it is heavy punishment or light punishment, it is actually aimed at the rule.

I never thought of deriving from personal interests.

But the law of the rule of law gives an answer. Heavy codes will definitely lead to tyranny, and they will be directly stabbed to the end.

Zhang Fei said again: "Water can carry a boat, but it can also overturn it; those who gain the way will be helped more than those who have lost the way. This fully shows that the interests of the monarchy of the country are closely related to personal interests.

As we said before, the legalist method is the simplest method, while the legal method is relatively difficult. Because you first have to distinguish between personal interests and the interests of the monarchy of the country. At the same time, in many overlapping parts, such as stealing a mulberry leaf, it is also theft. Which side is it drawn on? You have to think clearly whether it is national interest, personal interest, or both. "