Judge of the Song Dynasty Chapter 368: Easy to know but hard to do
Chapter 368 Knowing is easier than doing
Before, Xu Zhiqian didn't understand why big figures like Fu Bi and Sima Guang thought that Zhang Fei had the ability to establish a sect.
Actually, Zhang Fei did not hide from her, and truthfully told her the idea of the rule of law.
But she still didn't realize that there was any amazing idea in it.
Until after this class..
Just listening to the conclusion and participating in the derivation process are completely different feelings.
The essence of the whole idea, in fact, in the process of derivation, if you only listen to the conclusion, you will not feel very surprised, because what Confucianism says on the surface, there are also many ideas for the people.
Only during the derivation process can one feel that these are two completely different ideas.
Compared to those students, Xu Zhiqian has another huge advantage, that is, she can still follow Zhang Fei after class.
Getting into the carriage, Xu Zhiqian couldn't wait to ask: "Actually, you really should bring those students to revise the laws and regulations in "Song Xingtong"."
Zhang Fei asked: "Why?"
Xu Zhiqian said: "Didn't we talk about this issue before, how many people can be avenged by one pen? That's why I want to be an official, but compared with being an official, a law that truly considers the people can help To more people!"
"You are right."
Zhang Fei smiled and nodded, "But you overlooked one point."
Xu Zhiqian said: "Which point?"
Zhang Fei smiled bitterly: "It's my ability!"
Xu Zhiqian rolled her eyes at him, then snorted softly, "You still want to hide things from me."
Zhang Fei shook his head, "I'm not hiding it from you, and I'm not trying to be humble. Amending laws and making laws are two different things, as I told you in class.
Amending laws and regulations requires rich experience, experience, unparalleled wisdom, and meticulous thinking. I don't have any of these. I can tell them what principles should be followed in litigation, but I can't Write a written law with a pen. "
Xu Zhiqian glanced at him, seeing that he didn't seem to be lying, and said, "Really?"
Zhang Fei nodded, "You said it yourself, a good law can prevent more unjust, false and wrongly decided cases than a good official, but this is also a double-edged sword. If it is a huge problem, it will harm many people.”
Speaking of this, Xu Zhiqian also felt that she was thinking too simply. She knew Zhang Fei's minor problems better than anyone else. He asked again: "Then you said that the government will support your legal system?"
Zhang Fei shook his head and said, "I'm not sure about that."
Factually speaking, Zhang Fei really doesn't have this ability. Talking about the concept of legal system and actually writing to practice are two completely different jobs.
He can't directly copy the laws and regulations of later generations, because the objective environment is different, let alone the matter of the emperor, just the crime of stealing, if the laws of later generations are copied, the number of thieves will definitely increase.
Because these days, there are not many jobs for you. If you want to move bricks, there is no brick for you to move.
Based on this situation, if the cost of stealing is lowered, a large number of people will inevitably do it.
A contract is just a relationship between two people, and Zhang Fei can handle it, but a law is related to tens of millions of people. If you don't have enough experience and a deep understanding of this society, you won't be able to do it at all. jobs.
It's very, very easy to criticize something. Confucius and Mencius were scolded bloody, but just because you can criticize doesn't mean you can do better than the other party.
The meaning of criticism is often to encourage that person to do better, rather than based on the principle that I can do what I do.
In terms of his profession, Zhang Fei still has a very clear understanding of himself.
The palace.
"What do you think of this legal system?"
When the little emperor Zhao Xu returned to the palace, he asked all the prime ministers with great interest.
All the prime ministers glanced at each other.
Wen Yanbo took the lead and said: "It is undeniable that this legal system does have many thoughts worthy of our deep thinking."
Zhao Bian also said: "If you look at it from the perspective of the legal system, there are indeed many deficiencies in the laws of our court."
Lu Gong said: "Actually, some of the laws and regulations of our dynasty also contain the idea of legal system, such as the door of households with no property, and the door of dead merchants with money and things. These do not involve punishment, but use the law To deal with the relationship between people and property, this is also unprecedented."
Although "Song Xingtong" is almost the same as "Tang Law Shuyi", the Song Dynasty was the first to enact legislation on private inheritance, and it was also the first in the Song Dynasty to explicitly stipulate that women have the right to inherit. Although the conditions are very harsh, But it's also an improvement.
This is still related to the business environment of the Song Dynasty.
The idea of the rule of law was easier for people in the Song Dynasty to accept and understand.
Wang Anshi smiled and said: "It can be seen from this that it is not a coincidence that the law of the rule of law appeared in our dynasty!"
Zhao Xu nodded and said: "Since everyone appreciates this legal system, should the imperial court seriously consider and revise the law based on the legal system?"
He is a pure actionist. Since he is indeed valuable, he should use it. It is not his style to look forward and backward.
"The law is related to the foundation of the country, and it cannot be changed at will. Please think twice before acting." Wen Yanbo immediately poured cold water on it.
Zhao Xu's expression changed slightly, but he remained silent.
Can you not sing a different tune?
Wang Anshi immediately stood up and said: "The situation in our dynasty is quite different from that of the previous dynasty, but the laws of our dynasty have always followed the laws of the Tang Dynasty. , but at this moment, we should formulate a law suitable for our court."
Zhao Yan immediately retorted: "Although the situation in our dynasty is different from that of the previous dynasty, it is still similar in general, and there is an amnesty supplement."
Wang Anshi said: "Xiang Zhao is justified. The officials can make adjustments with amnesty orders, and there is no need to modify the Song Xingtong."
Zhao Yan said mercilessly: "Official amnesty orders should also be used with caution. The law is so heavy that we cannot afford it. If the order is changed day by day, it will only make the law lose its authority. This is a waste of money."
Sima Guang stood up and said: "The officials, just relying on Zhang San's three lectures to amend the law, this is too child's play, and it is difficult to convince the public!"
Wang Anshi immediately retorted: "In that case, do you still suggest judicial reform?"
Zhao Xu also looked at Sima Guang with a little dissatisfaction.
Didn't you make this happen?
Sima Guang immediately said: "I propose to adjust the judicial system, not to modify the laws and regulations above Song Xingtong. This cannot be confused."
Except for Wang Anshi, almost all the other prime ministers opposed it.
Because since the founding of the Song Dynasty, the "Song Xingtong" has hardly been touched, and all supplements are based on the emperor's pardon. On this point, the ministers still have a consensus.
Once any regulations are written into Song Xingtong, don't change them easily.
They all believe that the key to a law lies in its authority, good or bad is only secondary, and the laws and regulations in "Tang Law Shuyi" have been studied and practiced for hundreds of years, no matter how bad they are, they will not be so bad. But if it is changed at will, it may make the law lose its authority.
But Shenzong is a reformist, and he just wants to reform. In the past two years since he came to the throne, he has actually used many pardons, and many times he was rejected by the Political Affairs Hall, which made him very unhappy.
But it also caused the minister to be on guard.
Your amnesty order frequency, what method do you need, simply do what your emperor says.
If it is inferred from historical results, Shenzong's excessive promulgation of pardons and references to precedents also caused almost irreparable damage to the judicial system of the Song Dynasty.
Many people often don't understand why a very reasonable law, which is simply impeccable, may take more than ten or twenty years of discussion before it can be promulgated.
There has always been a serious lag in the law.
That's why.
Because once the law changes with the times, change today, tomorrow, and the day after tomorrow, the result will definitely become worse, not better.
The law has become perfect, but no one keeps it.
What's the point?
Zhao Xu disagrees with this. He thinks you old **** are just guarding against me. Don’t let me have the final say. What do you think?"
Fu Bi glanced at Zhao Xu, then at his colleagues, thought for a moment, and then said: "Officials, just as Zhang San said in class, the legal system is completely different from Song Xingtong. If the official Using the amnesty order to promote the rule of law will only cause serious contradictions between the amnesty order and the Song Xingtong, and will cause chaos in the world."
With Fu Bi's status in place, Zhao Xu fainted, and nodded awkwardly, "Fu Gong's words are reasonable, but I didn't think about it."
Fu Bi immediately said: "But I also agree that the concept of legal system is indeed better than Song Xingtong. Since ancient times, countless virtuous officials have often advised the monarch to govern the country with benevolence. The common people have heard about the benevolent government but never experienced it. The reason is that there has been no thought of protecting the rights and interests of the people in the laws since ancient times. As a result, the monarch's benevolent government cannot be fully implemented, and even in the hands of corrupt officials, it has become a tyranny, and the law of the rule of law may avoid that.”
Wen Yanbo, Zhao Bian and the others looked at Fu Bi in amazement.
Zhao Xu nodded and asked in confusion, "I don't know what Fu Gong is thinking?"
Fu Bidao: "I very much agree with what Prime Minister Zhao and the others said. Laws cannot be changed frequently. In a stable country, laws must also be stable. However, I also believe that the concept of the rule of law can indeed make the country Become more stable and prosperous.
Therefore, if His Majesty wants to promote the law of the rule of law, he must regard it as the top priority of the country, order it to be announced to the world, and at the same time formulate a set of detailed rules for amending the law, and gather talents from all over the world to revise it. Might as well not do it. "
Implicitly, I support the law of the rule of law, but Zhao Yan and the others are right. The law cannot be changed frequently. If you want to change it, you can’t just say a word. The country's top priority.
Because if this happens, it can't be regarded as an easy modification. It needs to use the power of the state, and it will be difficult for future generations to follow. If you have this spare time, you might as well do something else.
If this is Renzong and Zhenzong, I guess it's fine, you're playing too big.
But Zhao Xu's ambitions are very big. For such things, Emperor Wu of the Han Dynasty did it, and Emperor Taizong of Tang Dynasty did it too, and both of them are existences that surpassed the ancestors.
If this step is successful, his status will be greatly improved.
Although Wang Anshi and Fu Bi do not like each other, he firmly supports Fu Bi. If you want to change the Song Xingtong, then my reform will become more reasonable.
The punishment system of the Song Dynasty is really changing the laws of the ancestors.
On the contrary, Wen Yanbo, Sima Guang, Zhao Yan and others were worried.
Brother!
Are you a little impulsive?
After thinking about it for a while, Zhao Xu asked Fu Bi, "Would Mr. Fu be willing to take on this important task?"
Fu Bi cupped his hands and said: "If the officials don't think that the minister is old, the minister is willing to devote himself to death, but this is a major national event and needs to be discussed by the court."
Zhao Xu nodded slightly and said, "Okay, everyone, just think about it again and see if it works."
"The minister obeys."