Judge of the Song Dynasty Chapter 615: The way in the bottle

"I see.

" Cai Bian nodded thoughtfully, then whispered to Shangguan Jun and the others: "No wonder we encountered some cases before and were often puzzled, because we always thought about the defendant's morality, good and evil, and never I thought that my morality, good and evil, had already been restrained.

" Shangguan Jun nodded and said: "According to the teacher's intention, we can only judge cases with limited morals, good and evil, and let the rules prevail.

" Ye Zuqia said: "This is completely reversed from the previous way of adjudicating cases. Presumably this is why common people like to watch teachers adjudicate cases.

" The four of them quickly understood the essence of Zhang Fei's words. They all doubted their judgments, but they didn't know where the problem was. Zhang Fei repeatedly emphasized their mistakes, but they still couldn't grasp the trick. However, after talking about it in class, they fully understood that the problem lies in their I didn't realize that my moral concept of good and evil has long been bound in a bottle, and the role that the presiding officer can play is actually very limited.

In Zhang Fei's words, it is very unprofessional.

As everyone knows, Zhang Fei formulated this lesson based on their phenomena, and of course they understood it the fastest.

But those students haven't heard the case yet, and haven't felt the pressure of the judgment, and their faces are still a little confused, while some officials and scholar-bureaucrats behind them feel suddenly enlightened.

"This son really lives up to his reputation!" Lu Gongru nodded stroking his beard, "A bottle of water and a piece of wood can explain such a complicated problem in an easy-to-understand way, even we have benefited a lot. !” Cai Yanqing said with emotion: “Actually, we used to focus on water.

" Fan Zhen smiled slightly and said, "It's really good to put one's morality in a bottle! "It's nonsense!" "Suddenly I heard a loud voice.

Everyone was startled and looked for the sound, only to see Liang Youyi standing up suddenly, and said to Zhang Fei: "This bottle is used to hold water, and water is the most important thing, if there is no water, what is the use of this bottle? I think your words are putting the cart before the horse and confusing the public.

" His words immediately attracted many people to nod in support.

Because according to Zhang Fei's words, water is Confucianism, and the bottle is the law of the legal system, which means that the legal system is more important than Confucianism, which is obviously carrying private goods.

Many old Confucians were very dissatisfied with this, but they didn't want to make noise in this class, but Liang Youyi just came to fight, so he didn't care so much, anyway, he wouldn't be caught if he made noise in class.

Really? Seeing that it was Liang Youyi, Zhang Fei's expression suddenly changed, and he scolded: "Come on! Take this old man to the head of the court.

" "Yes! "Then Ma Xiaoyi jumped out from nowhere, and regardless of Liang Youyi's identity, he directly grabbed Liang Youyi's shoulder with one hand.

This change shocked everyone present.

"Wait!" Cai Yanqing hurriedly stopped, and then said to Zhang Fei: "Mr. Zhang, why are you arresting people?" Although Zhang Fei hates this, he has always been reasonable and would not do anything wrong. Absolutely, let alone do something that violates the law.

Zhang Fei frowned and said: "The president of the court said before that he hopes everyone can abide by the rules of the church, but this person not only does not abide by the rules, but also makes loud noises in class, and even sells his elders, blatantly distorting the meaning of the president. , to deceive people's hearts, it is extremely hateful.

" "You kid is too bullying.

" Liang Youyi, who came back to his senses, was furious when he heard Zhang Fei's words, "This is not the imperial court, it's okay if the old man just says a few words, why do you arrest people, if you say today I don't understand, and the old man will never let you go.

" "Good! How could Wei Yingfang let go of this opportunity to quarrel, and immediately stood up and said, "It's not illegal to interrupt President Zhang's class by talking in class. Why should President Zhang arrest people?" Zhang Fei said, "Isn't this illegal?" He blatantly spread rumors in class, demagogic people, encouraged students to deceive teachers and exterminate their ancestors, and maliciously slandered Confucianism. The president of the court must arrest him for interrogation to find out what his intentions are and what is the motive behind him? "Everyone is dumbfounded. Liang Youyi is obviously defending Confucianism. How come you are slandering Confucianism? It is purely unfounded! Cai Yanqing was about to speak out, but Yuan Jiang suddenly grabbed him and used His eyes signaled him not to speak.

Cai Yanqing glanced at Yuan Jiang, suddenly reacted, and thought, this kid's class is just like his court, it's confusing and frightening! Liang Youyi was so anxious that his face turned red, "You... you are spitting blood, I just question your point of view, you can't say it well, so you slander me and spread rumors, I will sue you.

" Zhang Fei scolded angrily: "You are the one who slapped people with blood, but you still beat him up, you must be punished more.

" Those students looked back and forth with blank faces. This sudden change really frightened them.

Fan Zhen suddenly stood up and said, "Mr. Zhang, although Mr. Liang has made some rude remarks, he is not talking about **** mouthing or spreading rumors. He is just questioning some of your points of view.

" The implication is that you are actually spitting blood.

Zhang Fei said straightforwardly: "Mr. Fan doesn't need to plead for him, he is simply making trouble here, picking quarrels and provoking trouble.

Did I say that water is not important? I mean that the bottle should be the main thing, and the person I am talking about is the future chief judge, not ordinary people, they are people who use water, so for them, how to use the water is the most important thing, he has been An official with decades of knowledge, how can he not understand, but he actually distorted the meaning of the chief judge here.

" Liang Youyi opened his mouth, but he couldn't make a sound.

He...he really didn't think of that.

He neglected that this class is for a specific object.

But Zhang Fei spoke so lightly, but if he denied that he didn't understand, wouldn't he be stupid, but if he said that he understood, he couldn't refute this point of view.

Fan Zhen said: "Even so, it shouldn't be a crime.

" Zhang Fei said solemnly: "Respecting the teacher is the belief of the chief judge, which is sacred and inviolable. I cannot tolerate any behavior that violates the respect for the teacher. In my opinion, this person His behavior is simply heinous and must be taken down.

" "You....

" Liang Youyi said: "You...you are simply arguing, and I am not your student, so why can't I question your point of view.

" "Yes, Confucianism also respects the old and loves the young, why don't you follow it.

"Many literati and officials also came out to help, scolding Zhang Fei for not practicing martial arts, your reasoning is too far-fetched! Ye Zuqia looked at their anxious faces, and couldn't help but think to himself, first Go back to the teacher's class, it's like this.

Facing everyone's crusade, Zhang Fei did not panic at all, and suddenly asked a group of students: "Do you think I should convict Mr. Liang?" The students looked at each other, then shook their heads slightly.

Zhang Fei asked: "Why?" A student mustered up his courage and said: "Because Mr. Liang just said one sentence, even if it is wrong, it is not illegal.

" Zhang Fei said: "But he obviously didn't abide by the principle of respecting teachers. In this class, I am the teacher, but he not only interrupted my lecture, but also spoke rudely to me. This is how I will teach students in the future. How can my students respect me as a teacher, why can't I punish him? The student said: "Mr. Liang interrupted the teacher's lecture. The teacher can expel him, but he cannot be arrested!" Zhang Fei asked, "What's your name?" "The student's name is Shen Qing."

""Very good! "Zhang Fei suddenly smiled, first waved at Ma Xiaoyi, Ma Xiaoyi immediately let go, then cupped his hands and said to Liang Youyi: "Mr. Liang, I hope you can forgive me for what I offended just now.

" That's it? Liang Youyi was so angry that he blew his beard and stared, pointed at Zhang Fei and said: "You have humiliated this old man over and over again, if you don't give me an explanation today, this matter will never be over, you will just sue the government Go there, the old man is not afraid.

" He almost fainted.

Zhang Fei nodded, and then explained: "Actually, all of this was just to answer Mr. Liang's question.

Should it be water-based, or should it be bottle-based.

" Liang Youyi was immediately dumbfounded.

What the hell? You were in class just now? Zhang Fei said: "If water is the main thing, I can use my morality to judge whether you are guilty, because I am the chief judge, and Mr. Liang, you are just a commoner now.

" Having said that, he looked at the students again, "Do you think that scene just now was terrible? "A kind of students nodded one after another, they were really scared just now.

Zhang Fei said: "If water is the main thing, this kind of situation will definitely happen. Of course it will not be so simple and rude. For example, when a student and a teacher have a conflict, even if the student is reasonable, the chief judge may still According to my thought of respecting teachers, I protect the teachers and think that students should not sue the teachers, but this will obviously allow more people with bad intentions to be teachers, which is also a terrible phenomenon.

" The students nodded slightly.

This eucalyptus actually happened, and it is not very rare.

Zhang Fei added: "For another example, in the case of the murder of the mother in Guixiang, in fact, I personally do not want to convict Wu and Zhang, because I think she is really innocent, really pitiful, and Everything she did was forced and deserves everyone's sympathy. We should not make her life more difficult. This is not what Wu's mother expected, nor is it what the law expects.

But I can't do this, why, because I am the chief judge, he can't follow his own feelings, if I don't convict her, many old people may be killed because of this, which will even subvert the morality and ethics of the whole society.

More! "He pointed out again, "There are many people here who are deliberately dealing with the imperial court, and have used various means to hinder the fair trial of the imperial court. Remember, it is a fair trial.

This really hurts my overwhelming sense of justice, and I really want to execute them all directly, so that they can never open their mouths.

"Many people's hearts trembled suddenly, and their backs felt cold. Is it true? Could it be that this is a grand banquet, and we are going to be served together? Zhang Fei asked: "Do I have the right to do this? "Someone nodded, but then shook his head again.

"I don't know if the presiding judge had this power, but the chief judge certainly didn't have this power.

" Zhang Fei picked up the bottle, "No matter how selfish they are, no matter how despicable their purpose is, no matter how vicious their means are, as long as they don't break the law, I can't arrest them, because my sense of justice I must be bound in this bottle, and I cannot judge whether they are guilty or not based on my own gains and losses, likes and dislikes.

Water is the constraint of everyone, and the bottle is the constraint of the chief judge. I will not explain these principles to the people, I will only tell you, because you joined the law school to become the chief judge Judge, if you can't focus on the bottle in your heart, then you can't be a qualified presiding judge.

Let's talk about the murder of the mother in Guixiang, why is the law stipulated in this way? Don't the ministers of the court know that this phenomenon will happen? Of course they know, but there is no way. If this kind of behavior is allowed, it may harm If you kill a lot of parents, you will lose your morals.

In a sense, the bottle is also protecting the water inside from pollution.

Did you all understand? "The students nodded excitedly.

This class is so exciting, it's really ups and downs, immersive, much more interesting than studying with the teacher, and at this moment, they feel that they have learned a lot of knowledge, and they can't wait to become a presiding officer.

Zhang Fei looked at Liang Youyi again, "Mr. Liang, can you forgive my reckless behavior just now.

" Liang Youyi blushed, and after struggling for a moment, he still cupped his hands and said, "It's also improper for me to interrupt President Zhang's class rashly.

" How dare he be serious? Zhang Fei couldn't be more clear. I know you guys are messing around. I won't arrest you just because I'm trapped in a bottle. If you want to release me, then I will I can catch you, I am the Chief Judge.

Zhang Fei clasped his hands and said: "Thank you, Mr. Liang, for being generous and not fussing with the younger generation.

" Su Zhe stood up suddenly and said, "I would venture to ask, can the water in this bottle be changed at will? " "Of course not.

" Zhang Fei shook his head and said: "This can be explained by the court's legislation. In fact, there will be many cases that make the law at a loss every year, but the court will never, because of a single case, And to amend the corresponding laws, only when there are large-scale cases of the same type among the people, the imperial court will seriously consider whether this law should be revised or improved.

Why is this? Cai Bian immediately replied: "Because law comes from consensus."

""Exactly right.

" Zhang Fei gave him an appreciative look, "Because the law is based on consensus, if you want to practice the law, you must also be based on consensus.

Maybe a certain defendant was treated unfairly because of the regulations in a case, but if this is just a case, it cannot shake the whole law, and at best he can only be convicted of virtue.

Because the law is based on consensus, if one person's injustice is used to destroy this consensus, more people may suffer unfair injustice.

As the presiding officer, one should not easily question the entire law because of a certain case, because there may be deviations between personal subjective feelings and people's consensus, only when such cases have a mass effect , then the applicability of this statute must be considered.

And this is one of the principles of legislation. If you have the opportunity to participate in legislation in the future, you must consider this.

" Everyone nodded frequently, not only the students, but everyone present also became more deeply impressed by the law of the rule of law.

Especially this "consensus".

This is also the concept of Zhang Fei's first round of the law of the rule of law, to explain the principle of legislation.

Su Zhe suddenly asked again: "Since the water inside can't be changed easily, can you add oil, salt, soy sauce and vinegar?" What are you discussing? Do you cook? Everyone was baffled by Su Zhe's question.

But Zhang Fei's heart is like a mirror, he shook his head and said with a smile: "It's best not to.

"It's better not to? Isn't that okay? How can this work? Everyone looked at Zhang Fei suspiciously again.

Su Zhe said: "But President Zhang often adds oil, salt, soy sauce and vinegar to it to change the taste.

" Zhang Fei laughed and said, "Prosecutor Su is referring to the principles and explanations I gave to the regulations, right? Su Zhe nodded and said, "Exactly."

""That's a good question.

" Zhang Fei smiled and nodded, "I also know that many people are very dissatisfied with this point.

First of all, of course, oil, salt, soy sauce and vinegar cannot be added casually to change the taste, so the imperial court is very cautious about this. In the whole world, only I, the chief judge, have this power, and the reason is that I published the law The idea of ​​law, the imperial court of Hezhong Mansion, was also established based on this idea.

Secondly, these principles and explanations must be reviewed by the Criminal Court, Procuratorate, Criminal Ministry, and Dali Temple before they can be included in the "Song Xingtong".

Finally, once these interpretations and principles become written laws, I must abide by them, strictly enforce them, and not change them, because all interpretations and principles will be bound in this bottle, although its taste has changed, Its shape has not changed.

" As he spoke, he looked at Su Zhe, "Does Prosecutor Su have any other questions? "Su Zhe said with a smile: "Thank you, President Zhang, for clarifying the confusion.

" "No thanks.

" Zhang Fei nodded with a smile, and picked up the bottle again, "Do you think this bottle should be transparent or opaque? "This question confused everyone again.

Lu Gongru, Fan Zhen and the others also looked at each other in blank dismay.

What is transparent and what is opaque.

What the **** are you asking? Although the four little king kong were a bit incomprehensible, they were all used to it.

Zhang Fei waited for a while, then looked at the scholar-bureaucrats behind, and saw that they were also confused, he pondered for a while, and asked again: "If this bottle is opaque, only the person who filled it knows, what kind of legal thought is this?" .

" Cai Bian's eyes suddenly lit up, and he said: "Punishment cannot be known, but power cannot be measured.

" "Good! Zhang Fei nodded in relief, and asked again: "Then what do you think now, is it better to be transparent or opaque?" "Of course transparency is good."

" Shangguan said suddenly.

Zhang Fei asked: "Why?" Shangguan Jun said: "Actually, in the Spring and Autumn Period, Zichan's "Zhu Xing Shu" had already broken the idea that punishment cannot be known, and power cannot be measured. Book, and more detailed, it is better to be transparent, otherwise, this situation will not happen.

" But Ye Zuqia questioned: "This statement is wrong. Although there are written laws, many regulations in them are unclear. There is neither a clear crime nor a clear punishment.

It's not that the punishment is unknown, but the power is unpredictable.

" Zhang Fei looked at Ye Zuqia again, "Ye Zuqia, what do you think about this issue of transparency? Ye Zuqia said: "I don't think there is anything wrong with this proposition, and there is a detailed explanation for it in the Tang Law.

Without this law, you cannot convict the other party for many misconducts. For example, those rogues who go to make things difficult for the shopkeepers, if he doesn’t hit anyone, or steal, or mess around in front of the door, you can’t judge him guilty.

" Shangguan Jun immediately said: "But it is also possible that the presiding officer will borrow this law, bend the law for personal gain, use the public to seek personal gain, nothing, then the presiding officer has the final say.

" Ye Zuqia said: "There is no way to do this. After all, the law cannot cover all criminal acts. If the presiding judge came to convict the crime, wouldn't it be breaking the bottle to get water? This is illegal. consensus.

" Shangguan Jun said: "However, from the initial unpublished laws to the written regulations now with more and more detailed explanations, this is a kind of progress, not a kind of regression, and it is naturally transparent. good.

" These four young King Kong are all extremely talented. He has been with Zhang Fei for so long, and he already has his own unique views on many issues. The debate between the two of them also aroused the thinking of everyone present.

But after thinking about it and thinking about it, there is no answer, and I think what the two of them said makes sense.

Gradually, everyone's eyes turned to Zhang Fei, even Ye Zuqia and Shangguan stopped arguing.

Zhang Fei nodded with a smile and said: "Actually, both of you are right, and your two arguments are actually the same, that is, both think that transparency is good, but it can't be done. Not allowed.

But we have to move towards that goal, right? "Everyone nodded in unison.

Zhang Fei raised the bottle again, "Can you see the water in it?" Everyone shook their heads.

Zhang Fei asked again: "Then can you see this bottle?" Everyone nodded in unison.

Zhang Fei said: "Just now we have explained, should we use water or bottles?" "Bottles.

" "And what does the bottle represent? "The law of the rule of law."

""That's right, so one of the keys to the rule of law is to let everyone see the bottle clearly.

" Zhang Fei said: "That's why, the imperial court has been pursuing an open trial, even if it's too cold to hold a pen, just to let everyone see this bottle. To make up for some disadvantages that the punishment is unknown, and the power is unpredictable.

" This remark also won the nods of approval from Fan Zhen, Su Zhe, and Lu Gongru.

To put it simply, it is to use a transparent system to make up for opaque laws.

In fact, as a lawyer who came from a thousand years later, of course, I hope to put an end to the phenomenon that the punishment is unknown and the power is unpredictable. Hooligans.

What you think is good may not be suitable for everyone, but what you think is bad may be very suitable for everyone.

In the legal world, this person's ideal cannot override the consensus, and the consensus is often based on realistic needs.

Zhang Fei is a lawyer, not an idealist, but a pragmatist. It is ironic that most of his current ideals of family, country and world are still infected by Xu Zhiqian. His previous ideals Just winning lawsuits and making money, very superficial.

Although he doesn't like pocket crimes such as "due deeds", he also does not approve of the abolition of these pocket crimes.

Because as long as you dare to abolish it, the number of rascals on the street will increase day by day, and all the energy of the imperial court will be put on it, maybe it can't be handled well.

Punishment cannot be known, but power cannot be measured. This has its reason and value, especially in an era of lack of justice.

"So, the content of this class is to let you remember this bottle.

" As he spoke, Zhang Fei turned his head to look at Li Si again.

I saw that Li Si immediately led three servants to the classroom, and saw that they each had a tray with the same small bottle as Zhang Fei's.

Zhang Fei smiled and said: "Today is the teacher's first day in class with them, so I also prepared a small gift for you, which is this vase, one for each of you, and put it in front of yourself, to remind yourself all the time .

"This gift is really unique! But it is also a big surprise.

The students said in unison: "Thank you teacher.

”