Judge of the Song Dynasty Chapter 382: The essence is still a dispute between the two laws


Don't laugh!

Nobody laughed either.

Whether it is the students or the ministers, they all stared at the wooden board blankly.

"Officials! This is a good idea, let's not say whether it is feasible or not, but at least it sounds fine."

The Empress Dowager Cao whispered to Zhao Xu.

Zhao Xu replied: "The grandson didn't feel there was a problem, they said there was a problem."

The Empress Dowager Cao cast a disdainful glance at those ministers, thinking in her heart, it seems that they are still too idle!

But the ministers are also suffering!

Zhang Fei never mentioned this issue before.

Zhang Fei was just expounding the idea of ​​the law of the rule of law and the idea of ​​legislation, but did not closely link the law of the rule of law with the monarch.

Because he was only lecturing and learning at that time, Zhang Fei kept comparing the legalist law and the Confucian law, and did not say that he suggested the emperor to do so, and he was not qualified to do so.

Everyone didn't think of this level.

But if the emperor wants to do this, it will immediately become the emperor's protection for the people.

Is it wrong for the emperor to protect the interests of the people from being violated?

However, Zhang Fei did not mention this issue at all before. The object he faced was not the emperor, but the students. It can only be said that the ministers can use this statement when suggesting the monarch.

This is why Empress Dowager Cao, who came to the class on the first day, felt that this kid spoke well, but after listening to the class for a few days, she felt a little confused.

"Ahem!"

Fu Bi suddenly stood up and said: "It is certainly not wrong for the monarch to protect the legitimate interests of the people, but if it is really used to legislate, it will also contradict the general ethics.

For example, if a wife sues her husband, even if it is true, it will take two years according to the law. The ends are equal, but the three cardinal principles and five constant principles are unequal. "

The other ministers reacted immediately and nodded frequently.

Fu Bi said very bluntly that people are not equal. This is also the core of Confucianism, and it is also the biggest contradiction with the rule of law.

Zhang Fei said with a smile: "Fu Gong is right, but now I am discussing with the students, are we breaking the law or not?"

We?

Isn't it you?

Shangguanjun and others only think of Alexander!

Wen Yanbo said: "Yu Shitai only asked you for interrogation, but did not convict you. Otherwise, how could you stand here. Yu Shitai also has the right to do so."

"I agree with Wen Gong's words very much."

Zhang Fei nodded and said, "I'm just explaining the reasons for my innocence. I definitely don't think that Yu Shitai has any fault in this case."

Wen Yanbo said in surprise: "Is this true?"

"It's true!"

Speaking, Zhang Fei asked those students again: "Do you know why?"

The students all shook their heads.

Zhang Fei explained: "Because the greater the power, the greater the responsibility. Officials hold power. A small mistake may hurt many people. This must be stricter supervision. If I am As a commoner, I must sue Yushitai because I think I am innocent.

But now I am an official, he has to face this, so now I just explain that I am innocent, but I will never deny Yushitai's approach, not only that, if the officials want to punish Yushi for this Taiwan, I will stand up and say something fair for Yushitai. "

Taiwan officials such as Jiang Zhiqi and Peng Siyan looked at Zhang Fei in surprise.

Are you serious?

It sounds so hypocritical!

Shangguan Jun questioned: "But isn't the teacher also satirizing Yushitai just now?"

Zhang Fei said with a smile: "What do you know? It's called being funny, which also proves that I'm not angry about it. It's been a few days since I came out, but have you heard that I clamored to appeal, I Where are you going to make a fuss? I just hurriedly opened this class and explained the problem clearly. I have no complaints about Yushitai. And."

He looked at Jiang Zhiqi and Peng Siyan, "Jiang Yushi and Peng Yushi can also testify for me, whether I have cooperated with Yushitai's investigation very much, I will say whatever they ask, without a single lie or lie. "

Everyone immediately looked at Jiang Zhiqi and Peng Siyan.

Jiang and Peng were silent.

During the interrogation, Zhang Fei was indeed very cooperative. Even his father-in-law betrayed him very directly, without hesitation for half a second.

The trial was over soon.

They are silent, they just acquiesce.

The students looked at each other in blank dismay.

It seems to be the same thing.

Zhang Fei didn't make any noise, and he didn't go to Kaifeng Mansion to beat the drums. They didn't know that Li Kai really panicked in those few days. According to Zhang Fei's personality, he must come to sue. The boy must retaliate.

"However."

Zhang Fei suddenly said again.

Everyone immediately cast contemptuous looks at Zhang Fei.

Sure enough.

There is a "but".

Zhang Fei said with a smile: "When facing the common people, you can't do this, you can't arrest the common people just because they said such a sentence, you still have to talk about the evidence, you have to follow the judicial process.

Speaking a sentence while standing in the Imperial College is not the same as saying a sentence while standing by the field. Can you understand? "

The students nodded slightly.

But the surrounding officials felt like they wanted to curse, but couldn't say it.

Who the **** told you that you don't need to talk about evidence to arrest our officials?

This is a proper double standard!

But they are also suffering.

This kid is really bad!

Gong Lu heard the implication, he said: "This brat hasn't changed at all, he's still as bad."

Zhang Fei asked again: "Do you think what I said makes sense?"

The students hesitated, then nodded.

Zhang Fei suddenly looked at Fu Bi, "Does Mr. Fu think that I am right? The supervision of officials should be stricter than that of ordinary people."

Fu Bi nodded and said, "It should be so."

Zhang Fei stepped back in front of the wooden board, "Then do you think my statement is against the rules and ethics?"

Fu Bi couldn't help frowning, he, who was always eloquent, couldn't answer at this time.

Wang Anshi smiled and said, "Wonderful!"

Sima Guang was silent.

Shangguan replied: "Of course not."

Zhang Fei asked: "How do you say that?"

Shangguan Jun said: "The king is the guide for the ministers, the husband is the guide for the wife, and the father is the guide for the son. It is from top to bottom. The king must set an example for his ministers, the husband must set an example for his wife, and the father must set an example for his son." A role model naturally has higher requirements for the king, husband, and father, isn't that what the teacher said before?"

Zhang Fei asked again: "Then why is the wife not allowed to sue her husband? Isn't this conniving at the husband breaking the law?"

"This...."

Shangguan Jun gave his classmates a look of asking for help.

They now have a clear consensus that when facing Zhang Fei's problem, they must unite as one, otherwise, they will be completely unstoppable.

Cai Jing said: "As the saying goes, it is difficult for an upright official to decide on housework. There will always be conflicts between monarchs and ministers, between husband and wife, and between father and son. Concession, so that we can live in peace, if there is no ethics, it will inevitably intensify the quarrel."

Everyone nodded.

Well said!

That's the reason.

"It makes sense. This can indeed reduce many quarrels and make the country and family more harmonious and happy."

Zhang Fei also nodded, and asked again: "If the husband knows how to drink every day, he doesn't go out to work, and relies on his wife to make money to support the family, and when he is drunk, the husband beats his wife every day, all year round, every day. The wife is blind, so do you think it is not abiding by the rules for the wife to sue?"

Cai Jing immediately said: "This is just an example, and it cannot be generalized."

"Don't worry about it."

Zhang Fei said: "Let me ask you, do you think that under such circumstances, if the wife goes to file a complaint, does it count as breaking the rules?"

Cai Jing hesitated for a while, shook his head and said, "I don't think this can be regarded as being out of line."

Zhang Fei asked again: "Do you have any different opinions?"

The students shook their heads and said no.

It's all so miserable, those who hear it are sad, those who see it cry, if you want to say what happened to Gangchang, even if it is, you can't say it, not to mention that the queen mother is still sitting by the side.

Empress Dowager Cao was also a female man when she was young!

Zhang Fei asked again: "If I put my words under this regulation as a comment, is it against the rules?"

Everyone shook their heads.

Zhang Fei said: "What about blindness?"

Everyone shook their heads.

"What about a broken finger?"

Continue shaking your head.

"The nose is bruised and the face is swollen every day, and the wife is only allowed to eat one meal a day, but her life is not in danger. If the wife goes to sue the officials, is it against the principles of ethics?"

Still shaking his head.

Yan Fu couldn't help but said: "All you mentioned are special examples, such a cruel and violent husband is really rare."

Zhang Fei asked with a smile: "Does Dr. Yan think it's worth it to exchange a 20-character proposal for an innocent human life?"

Yan Fu snorted: "Governing the country is not as simple as you imagine."

"Therefore, wisdom and diligence are more needed than expression of helplessness."

Zhang Fei shrugged slightly, and returned to the podium, "In this case, every individual knows that his wife sues the government, and it does not violate the principles of ethics, but why not add one more comment, which is very intriguing. It's puzzling, but in fact, in class, we have already mentioned the reason, and who of you can answer it."

"Is there?"

Cai Bian asked with wide eyes.

Zhang Fei nodded and said, "Of course!"

The students made eye contact with each other, then looked at Zhang Fei blankly.

Teacher, really not!

"Alas... I am really a failed teacher." Zhang Fei sighed in disappointment, "What law does Song Xingtong belong to?"

"Legislative law."

The students said in unison.

"Good!"

Zhang Fei nodded and said, "What's the difference with the legal system?"

The crowd replied in unison: "Lack of protection and defense."

Zhang Fei said again: "Comparing this law and this eucalyptus again, do you understand?"

The students suddenly realized and nodded their heads.

Empress Dowager Cao, who came to class on the first day, was overwhelmed by what you were all talking about. It can be seen that Zhao Xu was also listening intently and couldn't bear to disturb him.

Zhang Fei said unhappily: "Then you couldn't answer it just now."

The students were all ashamed and silent.

"This brain needs to be more active, memorizing by rote is not a skill."

Zhang Fei shook his head, and said again: "Obviously, this law only punishes, not protects, so according to the law of the rule of law, should it be revised?"

The students nodded.

Zhang Fei asked: "How to modify?"

The students looked at each other in pairs.

"Didn't I teach you the method, what should you consider first?"

"...?"

"Huh?"

Zhang Fei frowned and looked at them.

Cai Bian hurriedly said: "We must first consider whether there is any direct and serious harm to the interests of the country and the monarch?"

"It really scared me to death. Let me remind you again. If you don't think about this first, you will have big problems."

Zhang Fei breathed a sigh of relief, and said again: "If the interests of the country and the monarch are endangered, punishment must be imposed. Then the wife in this case, going to the government, will directly endanger the interests of the country and the monarch? "

Everyone shook their heads.

"Of course not, it may increase the credibility of the government."

Zhang Fei asked again: "But if a wife quarreled with her husband, was slapped in the face, and then went to the government to sue, would this directly and seriously harm the interests of the country and the monarch?"

Students seem very hesitant, which seems to hurt, but it doesn't seem to hurt.

Jiang Zhiqi looked very anxious, and said: "If you condone this situation, it will violate the principle of general principles, and the world will be reversed, and it will definitely hurt the interests of the country and the monarch."

Zhang Fei said with a smile: "What does Jiang Yushi mean? Seeking the decision of the government will seriously harm the rights and interests of the country and the monarch?"

Jiang Zhiqi immediately said: "That's not what I mean. I mean that if a wife is allowed to sue her husband, she is encouraging her to sue her husband. This is not in line with Gangchang ethics."

Zhang Fei said: "I didn't say yes either!"

Jiang Zhiqi asked, "Then what do you mean?"

Zhang Fei said to a group of students: "I'll give you a chance to show off. Any of you will explain to Jiang Yushi."

Cai Bian stood up and said, "Jiang Yushi, what we are discussing is not whether we should be punished or not, but what punishment should be given and whether punishment should be used to solve such problems.

The criterion for judging is whether such things will directly and seriously harm the interests of the monarch and the country. rights and interests. "

Jiang Zhiqi asked, "How to maintain it?"

Cai Bian also explained: "If a husband beats his wife without reason, according to the legal system, his wife's rights should be protected."

Jiang Zhiqi snorted, "How to protect? Are you punishing your husband?"

Cai Bian said truthfully: "It depends on the situation. If the interests of the country and the monarch are not harmed, or if the circumstances are relatively minor, no punishment will be given. It may only be a verbal lesson to the husband, or a warning. But the same is true if the wife is unreasonable."

Jiang Zhiqi's face turned dark.

Many ministers' faces were also not very good-looking.

It doesn't mean you take off your pants and fart, you won't be punished, that's allowed!

Both ends are equal!

We are asking for inequality, not reason.

Understand?

I understand! Don't worry. Zhang Fei suddenly asked: "What if the wife beats the husband? The plot is not too serious."

Cai Bian was immediately stunned.

I just feel that those censors are nothing compared to the teacher.

Zhang Fei clicked his tongue: "Don't be in a daze! It's still the same reasoning, first consider whether it will harm the rights and interests of the country and the monarch?"

Everyone shook their heads subconsciously.

"No?"

Zhang Fei rolled his eyes and said: "This wife has already beaten her husband, it must be against the norms, how can it not hurt the rights and interests of the country and the monarch, what are you thinking."

Cai Bian said: "It's against the law for a wife to sue her husband."

Zhang Fei clicked his tongue: "That is the government under the legalist law. Didn't we mention this issue in the last class? Why are the people unwilling to go to the government, because the only thing the government can give them is punishment and Revenge, so a wife suing her husband is an act of revenge, which is of course against the law.

But under the rule of law, the government intends to protect the rights and interests of the people, and the wife seeks protection, not to revenge or hurt her husband, so why is it against the rules? "

Yes! How could this be forgotten. Hey young...Our brains....

This winter, all the students are sweating profusely!

In the previous class, there was no such situation. As long as the teacher said it, I could remember it quickly and use it freely.

If you want to explain it this way, everything is reasonable, and it is indeed not against the rules.

When a husband beats his wife, the wife goes to the government to seek protection. This is not against the rules.

But on the other hand, if a wife beats her husband, it becomes a violation of the rules and regulations, and it is a crime of punishment.

Therefore, there is still a difference, that is, men are still superior to women, but with an extra layer of protection.

Zhang Fei asked again: "If a wife beats her husband, how should she be punished according to the law?"

Ye Zuqia said: "Naturally, we must be severely punished?"

Zhang Fei swept his eyes, "Is there any other answer?"

The students did not dare to nod easily.

Jiang Zhiqi saw that the students didn't dare to answer, and he was really sad, so he asked, "Do you have any other answers?"

Zhang Fei ignored him, but glanced at the students and saw that no one was speaking, so he pointed at them and said, "You guys! It's really a legalist style. You must remember the law of the rule of law, which is based on protection. Philosophy. If a wife beats her husband, if the circumstances are not serious, then the government must follow her husband’s ideas.

Why? Because punishing the wife is also punishing the family, and the husband is also a member of the family, and may also be harmed. The government wants to protect the husband and defend the ethics of the law, not to hurt him. You must always remember to defend your legitimate rights and interests, and don't always think about punishment and punishment. "

The ministers are all dumbfounded, you really know how to chat, and after a long time, most of you still want to avoid the punishment of the government.

Hearing this, Empress Dowager Cao's eyes lit up, she nodded frequently and said: "This kid really has some knowledge."

Zhao Xu smiled and said: "Otherwise, it would not attract such people to listen."

Empress Cao nodded.

Zhang Fei said again: "Then we should be able to draw a conclusion now, is there any contradiction between the law of the rule of law and the principles of ethics?"

The students nodded first, then shook their heads.

Fu Bi is also confused, so you just answered the question?

Zhang Fei clicked his tongue and said, "Is there any?"

Ye Zuqia said: "No...no."

Actually, he doesn't know at all, but if you want to, you Zhang San will be finished.

Definitely not.

"Of course not."

Zhang Fei said: "The case just now has been made very clear. The essence is still the contradiction between the law of the legal system and the law of the legalists. Therefore, the second content of our class is to discuss the principles of the law of the legal system. ethics."

"Huh?"

Students keep their eyes open.

Wang Anshi directly covered his face and smiled, "This kid is really a genius."


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