Judge of the Song Dynasty Chapter 758: Seek truth from facts

Fufu.

"So."

Wen Yanbo looked slightly surprised and said: "Zhang San did this to deliberately force the Legislative Council to integrate all punishment regulations and edicts?"

Fu Bi nodded and said, "He said this himself."

Wen Yanbo asked again: "Do you think Mr. Fu did it on purpose or unintentionally?"

Fu Bi stroked his beard and said: "From a legal perspective, he is indeed right. Not only for corruption, but also for other crimes, as long as they are targeted at officials, there are many regulations and edicts. , contradicting each other, this does not apply to the public security organs, prosecutors and the law, and it is reasonable for them to do so."

Wen Yanbo said: "But the main reason for all this is that officials often punish officials based on temporary joy and anger. As the saying goes, the power of God is unpredictable. If all regulations and edicts are integrated and the punishments are unified, it will actually be It is restraining the power of the emperor.

Even if Zhang San ignored this, it is impossible for Xu Zhongtu not to know, so nine times out of ten, he did it on purpose. ”

Having said this, he paused for a moment, then looked at Fu Bi and said, "In other words, this is the same as what Fu Gong predicted."

"It's hard to say yet."

Fu Bi shook his head and said: "Even if he did it deliberately, and you and I both know it, the officials also know in their hearts, how could they agree, but judging from what happened before, Zhang San is pushing In terms of legislation, he has almost never failed, and he is so confident this time, so he must have some tricks up his sleeve."

Wen Yanbo asked: "How does Mr. Fu plan to respond?"

Fu Bi said: "Zhang San didn't give any hint, and I have no other choice. I can only report it to the officials truthfully and let's see how the officials decide."

Wen Yanbo nodded slightly and said, "So we still support giving them the death penalty?"

Fu Bi nodded, "Only when there is controversy can legislation be promoted."

Wen Yanbo asked again: "Do you want to tell Junshi about this matter?"

"Not yet."

Fu Bi said: "Jun Shi has always been a bit scholarly. If he knew about it, others might see his flaws."

The sky was gloomy, but the gloom in Zhao Xu's heart had disappeared. He immediately cheered up and began to actively participate in government affairs again.

The ministers could clearly feel that Zhao Xu was radiant and energetic, and his whole spirit was different.

It can be seen from this that the pressure exerted on him by the Celestial Being is really great.

The first thing to discuss is the extension of Xihe River.

After the previous defeat, Zhao Xu immediately asked Privy Councilor Han Jiang to go to the northwest to take charge of the overall situation. Although he did not say it explicitly, he still planned to shift to the defensive stage.

But now there is news of a great victory, and Zhao Xu hesitates again, because this is the record he thinks he can best, and he must take care of it carefully.

Now that the news of the Liao State's special envoy has reached the capital through formal channels, Wen Yanbo and the others used this as an excuse and the losses caused by the disaster to the country, hoping to temporarily stop border expansion and shift the country's focus to For internal affairs.

However, Wang Anshi believes that the morale of the border troops is high. If the imperial court directly orders a stop, it will be a big blow to morale. It may also delay the war and give Tibet a chance to breathe. When they come back, it will be more difficult. If there is a chance , once and for all.

But Wen Yanbo and the others are worried that if they don't stop it, Wang Shao will be greedy for power and advance rashly. What will happen if he is defeated again? The key is that he has swallowed up such a large piece of land. How much money will it cost? The deeper the operation, the more expensive it will be to hold on. The finances cannot afford it, so it is better to give up when the situation is good and take advantage of the great victory to ease relations with the various ethnic groups in Tubo. After all, our enemy is Xixia!

Due to the existence of the Liao Kingdom, Zhao Xu was more conservative at this time. The key was that he had planned to wait for another three years and focus on domestic affairs first. However, he also took into account the opinions of Wang Anshi and others. If the Tibetan ethnic groups still refused to accept , then we still have to fight and ease the relationship, which belongs to both parties. If one party wants to ease the relationship, it cannot be eased.

So it was finally decided to pass the decree to the Privy Envoy to make the final arrangements based on the specific situation, but at the same time he promoted Wang Shao to Deputy Privy Envoy.

As for the Liao Kingdom suddenly sending a special envoy, both Wen Yanbo and Wang Anshi knew in their hearts that the other party was here to take advantage of the situation again.

After all, this is not the first time.

However, they all stated that they must first ascertain the intentions of the Liao envoy. As for how to deal with it, they have not yet expressed their opinions.

Although everyone hates it, they still have to be cautious, because diplomacy with the Liao Kingdom is the most important diplomacy of the Song Dynasty.

Don’t be hasty.

After discussing foreign affairs, only domestic affairs remain.

That is, about corruption.

Regarding this matter, of course, most people are opposed to the death penalty. In fact, if it is only one or two officials, that's fine. After all, this is a disaster relief period. This is too bad. The death penalty is the death penalty. But there are dozens of people and the amount is huge. None of them were big, but they were all sentenced to death. This was a bit exaggerated, and would cause a major earthquake in the officialdom.

Of course the reformists are all opposed to it, including Wang Anshi and Xue Xiang. It’s not that Wang Anshi thinks that corruption is right. He also hates this kind of behavior very much. But Wang Anshi knows very well that this frozen three feet is not just one person. The sun is cold!

It is a very normal phenomenon for low-level officials to make some money at will. The previous judicial system did not deal with this kind of thing at all. It can even be understood as an unwritten rule, and everyone has acquiesced in it.

However, Wang Anshi's new policy is all about finance, and there is a lot of oil and water in it. Those executive officials will definitely lend a hand. As long as it is not too excessive, Wang Anshi generally will not pursue it, or give them some sweetness. , they wouldn’t work so hard!

Isn’t that what Qingmiaofa on Jingdong East Road is all about?

If the death penalty is imposed here, it will be a considerable threat to his power. Who knows whether he will settle the score later.

This disaster relief can actually be summarized in his New Deal.

The opposite is Sima Guang. None of the officials he recommended would do such a thing, and they were all trustworthy in terms of morality. Moreover, he also knew that there were many such people in Wang Anshi's area. Of course, they demanded the death penalty. , kill the chicken to scare the monkey.

For Fu Bi and Zhao Pian, the death penalty is indeed a bit excessive, but they also agree with Zhang Fei that there are too many precedents, too many orders, and too many regulations on the crime of corruption, and they are very contradictory to each other. , the procuratorate can only prosecute the death penalty, which requires careful integration.

As for judicial issues, Zhao Xu would certainly not listen to them. His chief adviser was an expert in this area.

The key thing is that this kid was responsible for this, but he didn't care about it before. He was looking forward to rain every day and thinking about the Xihe War every day.

"Your Majesty, I do this for the sake of the overall situation."

Zhang Fei said: "Now they even dare to hand out money and food for disaster relief. There is no guarantee that when our army fights against Xixia and Liao in the future, they will not interfere with military pay. For your majesty's great achievements, this must be done Severe punishment must be imposed to stop this evil trend. The public prosecutors and the law must also protect this."

Zhao Xu nodded and said: "I have also thought of this, and I am very angry about it, but if dozens of officials are sentenced to death at the same time, do you know how big the impact will be? You can kill a few to scare the monkeys. , but there is no need to sentence them all to death."

He is also angry. You want to kill a few people, and he agrees with it. Although you have not killed for decades, you are a little too ruthless. If you kill them all, it may lead to a big prison, and the two factions will fight against each other. Reporting it may cause a major earthquake.

No need!

The price is too high.

Zhang Fei said sarcastically: "Your Majesty, I am very helpless about this. I just want a harsher sentence and a warning, but other than the death penalty, the procuratorate has no choice."

Zhao Xu frowned and said, "How is this possible?"

There are so many cases and regulations, but you just refer to this death penalty. You didn’t get it on purpose. Who would believe it?

"It's absolutely true."

Zhang Fei said: "Your Majesty, you might as well think about it. Assuming that the procuratorate does not prosecute with the death penalty, what kind of punishment will the procuratorate give that will convince everyone?"

Zhao Xu frowned and remained silent.

No matter which choice you make, some people will be dissatisfied.

Zhang Fei added: "They don't even have much money to be greedy, but they are different. Do we need to classify the severity of punishment? So how much greed is considered light and how much is serious? There is no model reference. In the early days of the founding of the People's Republic of China, , all focused on heavy punishment. Since Qingli, it has gradually given priority to cautious punishment, but whether it is heavy punishment or cautious punishment, there is no clear explanation.

The most important thing is that if the Royal Court makes this ruling today, then it will have to follow these precedents when encountering such cases in the future, which may cause more trouble.

Now that I am directly prosecuting all of them for death penalty, the decision-making power will naturally be handed over to His Majesty, who can make full decisions. ”

I would rather not do this. Zhao Xu said angrily: "But you have given me a big problem!"

This kind of thing is suitable for him to wait and watch, not to participate directly.

Zhang Fei said again: "But I have no other choice. If I don't leave it to Your Majesty, then the public prosecutor, procuratorate and law will have full power to make the decision. Anyway, there are so many cases and so many pardons. At that time, the procuratorate and the imperial court will almost decide how to sentence , as far as how to judge, this is very unfavorable to His Majesty.

And this is different from the promise I made to Your Majesty. The public prosecutor and the law can do whatever they want. This was a big problem in the old judicial system. Many cases were decided differently because officials could refer to many decrees and precedents, which led to many unjust cases. ”

Zhao Xu was slightly startled and thought to himself, he is right. If I don't make a decision, then the imperial court and the procuratorate will make the decision.

Zhang Fei added: "So the edicts, regulations, and precedents must be integrated and given unified standards. This can not only restrict the public security organs, but also safeguard the rights and interests of the country, His Majesty, and the people."

Zhao Xu remained silent.

By doing this, while restricting the public security organs, it also restricts me. This cage of power is getting bigger and bigger.

Zhang Fei pondered for a while and said: "I know what your Majesty is worried about, but it is actually not difficult."

Zhao Xu just said: "Really?"

"It's really simple." Zhang Fei nodded and said, "Your Majesty can directly tell the ministers that he pardons any criminals. Then wouldn't it be possible to get the best of both worlds?"

Zhao Xu was surprised and said: "Pardon any criminals?"

Zhang Fei nodded and said: "Your Majesty can directly pardon an official's crime, no matter what serious crime the official has committed."

Point it out directly.

Why does the emperor find it difficult? It's very simple. You have drawn up the crime regulations clearly and clearly. Then you will punish corruption according to the law in the future. Then why should I go?

Are you watching from the sidelines?

Why are there so many regulations and precedents? Don’t you have any idea?

Isn’t it all caused by the emperor?

The purpose is to assert imperial power.

Since the source of the problem is clear at a glance, wouldn't it be very easy to solve it?

Just tell everyone directly that I can forgive any crime, and then everything will be fine.

You are right to say that, but few emperors dared to say that, especially in the Song Dynasty. This does not mean you are telling everyone that the law is nonsense in front of me.

Zhao Xu glanced at Zhang Fei suspiciously and said, "Are you making fun of me?"

Zhang Fei said with an innocent look on his face: "How dare I ridicule Your Majesty? I am serious about this."

Zhao Xu said angrily: "I also want to save face. If I say this, those scholar-bureaucrats will not chew up the roots of their tongues."

You can do it, but you can't say it explicitly.

This is a disregard for the law!

How to convince the public.

Zhang Fei immediately said: "Those who gossip are the key to this problem."

"Really?"

Zhao Xu was a little surprised.

He himself believes that he is the key to the problem.

Can this pot be thrown away?

Zhang Fei said: "Sometimes, some officials break the law out of political considerations. It is actually for the benefit of the country and the monarch, but most of the time, this kind of thing cannot be said.

When I was looking through relevant cases, I found that it was because everyone was inconvenient to speak out clearly that a very simple case became extremely complicated, and even forced His Majesty to directly issue an order to replace the law. That is why there is such a situation. There are many very contradictory precedents and decrees.

But Your Majesty is the emperor and controls the power of life and death. This right of pardon is natural and indisputable. Why not make it clear directly and make it so complicated that the law has become a mess.

For another example, in many cases, no one knows how to judge them, and they leave it to His Majesty to make the final decision. However, after His Majesty has finished the judgment, they are not satisfied. What is this?

In addition, if Your Majesty pardons a guilty person, there must be His Majesty's reason, because committing a crime harms the interests of the country and His Majesty himself, and Your Majesty cannot just pardon a sinner casually. In fact, the benefits outweigh the disadvantages! ”

After hearing this, Zhao Xu felt that what this guy said was very reasonable. That's what it was like. Why are you so secretive and making everyone unhappy? He said, "Even so, those prime ministers are sure I won’t agree to it.”

Zhang Fei said: "Your Majesty, don't worry, I will convince them."

Zhao Xu said: "Can you convince me?"

Zhang Fei nodded and said: "Yes. Because they have no better way to solve this problem."

Since you are so confident, of course Zhao Xu is also willing!

Because the current emperor does not always keep his word, especially in terms of justice, this group of scholar-bureaucrats are very careful. His edicts are often dismissed, eventually forcing both parties to compromise.

If he explains this clearly, it will be much easier for him to face many difficult problems!

Zhao Xu asked again: "Then what should I do?"

Zhang Fei said: "Your Majesty can first ask the Legislative Council to come up with a specific plan. If your Majesty's power of pardon is not clear in it, your Majesty will not grant it."

Zhao Xu nodded, "Okay, then it's up to you."

Of course he enjoys it.

So Zhao Xu asked Fu Bi to take some people to repair it first, and then we would discuss it.

When Fu Bi heard this, he knew very well that this bill must satisfy the emperor before it could be passed.

But as long as these edicts and regulations are integrated, the emperor will never be satisfied. This is limiting the emperor's power.

If the emperor can't control the power of life and death of officials, then what the hell!

But Fu Bi didn't panic. This was all caused by Zhang Fei. You have to clean up this mess, so he invited Zhao Pian, Feng Jing, Sima Guang, Xu Zun, and Zhang Fei to come over. Let’s think about what to do about this first.

Everyone sitting here knew clearly that the question was about Zhang Fei, because they had no way to solve this problem.

It is impossible to write in the Song Xingtong that the emperor must abide by the law.

That’s looking for death!

"Why don't you speak?"

Zhang Fei, who was sitting at the end, said cautiously.

Everyone looked at Zhang Fei angrily, weren't they just waiting for you to speak?

Fu Bi asked: "What is Prosecutor Zhang's advice?"

"Oh, I don't have any great opinions."

Zhang Fei said: "I just think that this shouldn't be a big problem for you. Why don't you say anything?"

As he spoke later, his voice gradually became softer. This guy's acting skills have always been outstanding.

Sima Guang wondered: "Do you really not understand, or are you pretending not to understand here?"

"Of course I really don't understand."

Zhang Fei said aggrievedly.

Sima Guang said: "Let me ask you, haven't you read those edicts beforehand?"

Zhang Fei nodded and said, "I've seen it."

Sima Guang said: "Then you still don't understand?"

Who issued the edict? It was the emperor. If this law is revised, it does not mean that the emperor’s edict is revoked. Does the legislator have this power?

Zhang Fei suddenly realized: "Oh, it turns out you are thinking about this."

Sima Guang was speechless and said: "Then what do you think we are thinking about?"

Zhang Fei said sarcastically: "I thought you were thinking about how to integrate those edicts and laws. I'm not very good at that kind of thing. In fact, I don't know exactly how much punishment should be set."

This is a true statement. The public sentiment at this time was different from that of later generations, and he was really unsure about the severity of the punishment.

Fu Bi said: "These are not difficult, the key is the issues of the orders."

They couldn't explain it clearly, so they could only use "imperial order" as a substitute.

"It's very simple!"

Zhang Fei chuckled.

Feng Jing and Zhao Peng looked at Zhang Fei in surprise.

Is this easy?

Is he really a genius?

Zhang Fei nodded and said: "That's right! The government has the power of life and death. It is undisputed. If it is directly stated that the government has the power of pardon, wouldn't everyone be happy?"

"???"

Everyone was stunned by Zhang Fei's idea.

After a while, Sima Guang angrily shouted: "What are you talking nonsense about? If officials can pardon prisoners at will, why do they need laws?"

Fu Bi also looked at Zhang Fei in surprise.

He didn't expect such an idea.

You must know that at this point, the scholar-bureaucrats and the emperor have been fighting. Even if the emperor wins, it will probably be a miserable victory.

In the end, you kid just came to pardon me.

How is that possible?

Zhang Fei said: "It can't be better than now!"

"What's so good about it?"

Sima Guang asked.

Zhang Fei said: "I have checked all the edicts and jurisprudence recently. Whenever there is a dispute, most of them are innocent, but in fact they are guilty, so the crime is not a crime. Therefore, what Bachelor Sima said before, with It is appropriate here. It is indeed beyond words to do this.

But a pardon is different, because before the pardon, he was already found guilty through the investigation by the police station, the prosecution by the procuratorate, and the judgment of the royal court.

After the judiciary has played its role, as for the final result, the official can pardon him or not. Regardless of whether he is pardoned or not, the judiciary will judge him guilty. Isn't this better than before? ”

Quiet!

The room suddenly became quiet.

Everyone is lost in thought.

Why did the emperor use edicts? It was to assert his imperial power, turn the innocent into guilty, and turn the guilty into innocent. To put it simply, the emperor wanted to operate the law. Scholars Su Ri'an were also trying their best to limit the emperor's power. Edict.

But it is never possible to achieve complete restrictions, and the outcome is ultimately decided through games.

During this process, the law actually disappeared and became a reason instead of playing a role.

This seems to be the same as the power of pardon, but in fact it is completely different, because only the guilty need to be pardoned. The reason why they are guilty is that the judiciary has determined that he is guilty and has fulfilled its role.

The emperor can use his authority to protect this person, but he cannot change the law.

Based on this, the Legislative Council can integrate all regulations and decrees. Don't make any edicts, just exempt them. Everyone is a sensible person, don't act like a hypocrite.

"No, no!"

Sima Guang said: "The purpose of justice is to seek fairness and justice, and to punish those who are guilty. If officials can pardon at will, how can we say that justice has played a role?"

Zhang Fei spread his hands and said: "But this is the system. The emperor has the power of life and death. This is a fact. As judicial officials, we cannot cover our ears and seek truth from facts.

If we don’t do this, then this problem will be unsolvable, and there will be no way to integrate the regulations. Then the imperial court and the procuratorate will not be able to judge and prosecute in accordance with the law.

At that time, it will become that either the officials have the final say, or the public security bureau, procuratorate, and law have the final say. It doesn’t matter whether there are laws or not.

Even if the pros and cons are weighed, it is impossible for the officials to pardon every sinner. It is only a small number of people, and most people can get a fair trial.

What benefit does it do to the country, the monarch, the people, you and me to be stuck here now? ”

Everyone was speechless.

If you have the ability, you should let the law prevail over the emperor. If you can't do it, why don't you admit it and make it so vague? The law is not the law, so what's the point?

Does no one any good.

Just enjoy the verbal justice.

Fu Bi suddenly nodded and said: "What Prosecutor Zhang said makes sense. This is the only solution unless we don't revise the law."

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