Northern Song Dynasty Justice

Chapter 614 Beginning of the Year, Lesson 1

Chapter 614

Winter is gone and spring is coming, all things are revived, and all good things will come back again, but for this year's Hezhong Mansion, all good things should start from spring.

This spring is different than any previous spring, because after a whole year of games, fights, compromises, reconciliation, and preparations last year, the seeds of judicial reform and new laws have been planted. As for whether they will bloom, it all depends on this year.

Brand new laws, brand new salt bills, brand new tax laws, and brand new systems, all of which have officially entered the stage of Hezhong Mansion this year.

Some people are looking forward to it, while others are apprehensive about it.

However, judging from the first big market at the beginning of the year, it seems that the effect is not bad.

"Wow, the market opened this year, why are there so many people?"

A scholar was standing in front of the market, and he was startled when he saw that it was crowded with people, shoulder to shoulder.

Then I heard someone beside me saying: "It seems to be true."

The scholar turned his head and seeing that it was an uncle, he couldn't help asking: "Uncle, what's the truth?"

The uncle replied: "It is said that starting from this year, all city taxes will be exempted."

"what?"

The scholar was taken aback, "Why is that?"

The uncle replied: "It seems to be stipulated by the Taxation Department that all taxes are combined into one, and these incomes should be taxed, so this city tax is also exempted."

"I see." The scholar nodded.

Now all the taxes are under the control of the tax department, because starting from this year, the tax department has completely canceled the city tax, and no one stops in front of the door to collect taxes. The hawkers only need to pay a few dollars according to the size of the stall after finishing the business. Market management fees ranging from Wenqian to more than ten Wenqian.

As a direct result, the number of hawkers this year is double that of previous years.

"Thief!"

"Thief!"

Suddenly heard two shouts.

But seeing a thin and thin figure, he squeezed away from the crowd and ran outside frantically.

Suddenly, I saw him fly into the air, and then fell heavily to the ground.

"Oops" screamed.

But at the booth next to him, a young man withdrew his feet, walked forward slowly, and mentioned the thief, "You thief is so stupid, you even rushed in the face of our royal police."

The thief looked back at the young man, and said aggrievedly, "There are so many people here, and you're not wearing a police uniform. How would I know, Sergeant Ma."

This young man is Ma Xiaoyi.

Ma Xiaoyi shook his head speechlessly, then stretched out his hand and hooked his fingers.

The thief obediently put a money bag into Ma Xiaoyi's hand.

At this time, an old lady ran over in a panic, "Thief! There are thieves!" Seeing the purse in Ma Xiaoyi's hand, she hurriedly said, "It's my purse, my purse."

"yours?"

Ma Xiaoyi raised the purse in his hand.

The aunt nodded, "It's mine, it's really mine."

Ma Xiaoyi handed the money bag to the aunt.

"Thank you Royal Police, thank you Royal Police."

"You're welcome, this is what we should do."

Saying that, Ma Xiaoyi pinched the thief again, "Let's go! Come with me to the police station."

The thief said with a mournful face: "Give me a chance, Sergeant Ma. I just couldn't hold back for a moment. It's really my first time to steal."

Ma Xiaoyi said: "Don't be so wordy! Recently, there is a lack of cleaning in this market."

But just after leaving the market, I suddenly saw a group of people rushing forward.

"What happened?" Ma Xiaoyi couldn't help being taken aback, hurriedly stopped someone, and asked, "Little brother, what happened?"

"You don't know, the chief judge is going to give a lecture at the law school today, and we have to fight for seats now."

After the little brother finished speaking, he hurriedly ran away with the crowd.

"is it?"

Ma Xiaoyi said depressedly: "Third Brother didn't even tell me."

As he spoke, he glanced at the thief in his hand who was in the way.

The thief rolled his eyes, "Sheriff Ma, I promise, I will never steal again, please forgive me this time."

After hesitating for a moment, Ma Xiaoyi asked, "Really."

"really."

The thief nodded hurriedly.

Just as Ma Xiaoyi was hesitating, he suddenly saw Zhou Jia walking over, "Sheriff Ma."

"Brother Zhou, you came just in time."

Ma Xiaoyi pushed the thief forward, "This guy just stole something in the market, and I stole it and got it. You take him to the police station to ask for a statement."

"Yes."

Zhou Jia immediately came over and caught the thief.

The thief has nothing to love.

"I have something else to do, so I'll go first."

Ma Xiaoyi spread his stride and ran towards the direction of the flow of people.

Zhou Jia asked curiously, "Has Sergeant Ma encountered a major case?"

The thief said: "This policeman, if you let me go, I will tell you."

Snapped!

Zhou Jia slapped the thief directly on the head, "You thief, you dare to negotiate terms with me, go."

This law school started as early as last winter, but Cai Bian, Shangguan Jun, and Ye Zuqia have always been in charge of teaching them. It is so cold in winter, how could the Chief Judge teach them? Now it is spring and flowers are blooming. Today is the first class of the year, Zhang Fei intends to take this opportunity to have a class with them.

When Ma Xiaoyi rushed to the law school, he found that the surrounding area of ​​the law school was already three floors inside and three floors outside.

"so many people?"

Ma Xiaoyi stood behind the crowd and bounced a few times, then suddenly had an idea, squeezed inside, and shouted, "Let's go, let's go! The police chief is here to maintain law and order."

When everyone saw that it was Ma Xiaoyi, they immediately gave way, and Ma Xiaoyi came to the corridor smoothly.

This law school is a very large one-story house, and it can even be understood that there is only one classroom. On the one hand, the construction period is too short; No need for an office.

Of course, this actually makes it easier for more people to attend the class.

Zhang Fei still hopes that more people will be familiar with the law, at least to be able to judge whether their own interests have been violated. Only in this way, the public security law can be deeply rooted, and even if he leaves, there will be no problems.

Ma Xiaoyi first looked into the classroom, but seeing that the podium was empty, he couldn't help saying: "Fortunately! Fortunately! The third brother hasn't come yet."

I looked around again and found that the corridor next to the classroom had been occupied by officials and scholar-bureaucrats. I thought to myself, you people always want to fight against my third brother, and now you come to the class again, so it is really unprincipled.

"Prefect Lu is here too?"

Wang Shao walked up to Lu Gongru, Cai Yanqing, Fan Zhen and Yuan Jiang, and bowed his hands towards them.

Lu Gongru laughed and said: "Now the focus of our entire Shaanxi Road is on your Hezhong Mansion. Look, I am not the only magistrate here."

He glanced aside.

really!Many magistrates and county magistrates have come to Hezhong Prefecture on business trips, because everyone knows that this is a very critical year. If it succeeds, it must cover the entire Shaanxi Road. They have to see what is going on, and Is the tax department really as powerful as the rumors say, so we should prepare early.

Wang Shao also had a heart like a mirror, and said with a smile: "I heard that when President Zhang gave lectures in the capital, even the officials and the Empress Dowager Cao attended the lectures. , it’s really the first time!”

Lu Gongru nodded and said, "This legal system is well-known, but we still don't know much about it!"

Wang Shao said: "Didn't Yuan Xueshi and Fan Xueshi listen to this three lectures in the capital?"

Yuan Jiang sighed and said: "Ashamed, ashamed, I just missed the first class, and I still have only a half-knowledge at the moment! Otherwise, I wouldn't be defeated by him repeatedly!"

"Ha ha!"

The crowd burst into laughter.

Cai Yanqing asked curiously, "Is this legal system so profound?"

They knew about Yuan Jiang's talent, but they only had a half-knowledge of it, which is unbelievable!

Fan Zhen nodded and said: "Otherwise, no one would think that the chief judge's legal system belongs to the founding school, and it does have his unique features."

They are all great scholars, full of knowledge, and their evaluation makes the surrounding officials and scholar-bureaucrats smack their tongues inwardly.

real or fake?

Is it so powerful?

"Hey! Old Mr. Liang is here too."

Wei Yingfang walked up to Liang Youyi, slightly surprised.

Liang Youyi snorted, "Old man, let's see if that Huangkou boy is a real talent, or is he trying to gain fame."

Wei Yingfang's heart is like a mirror, you are looking for faults, but you said: "I heard that when he was in the capital, even the officials and the queen mother went to attend his lectures in person."

Liang Youyi said: "Maybe it was Sima Junshi who invited him to cheer for his judicial reform."

In fact, many of them are here to smash the field. In the imperial court, there are rules. It is difficult for them to perform well, and they will be arrested if they fail. Starting classes here, isn't this just a sheep delivered to your door.

While chatting, a person suddenly heard shouting: "The chief judge is here."

Several people immediately raised their eyes and saw Zhang Fei coming from the dedicated corridor connected to the imperial court.

In an instant, the crowd further narrowed the encirclement of the law school. Lu Gongru, Wang Shao, Yuan Jiang and others also immediately entered the classroom, standing at the back and occupying the best seats.

"Huh? What is the plank used for?"

Lu Gongru looked at a vertical wooden plank directly in front of him, and couldn't help asking curiously.

Yuan Jiang said: "That is a necessary tool for Zhang San in class. He will write the content of what he said on the wooden board and draw pictures to explain it."

"Drawing pictures?" Lu Gongru stroked his beard and smiled, "This is quite novel."

At this time, Zhang Fei had already come to the podium. He glanced at it first, "Wow, there are so many people!" But then he added to himself, "Fortunately, I'm used to it."

".?"

This first sentence attracted a lot of contempt.

Do you think we are all here to attend classes?

I'll see you later.

Zhang Fei raised his head and said loudly: "Whether you are a student of the law school, or you come here because of curiosity, I hope you can maintain classroom discipline and don't make any noise. After all, my voice is only that loud."

Immediately there was silence inside and outside the classroom.

In fact, there is no need for Zhang Fei to remind, so many people, if they don't maintain discipline, how can they listen to this class!

Everyone outside the classroom shut up and pricked up their ears.

Zhang Fei saw that everyone was so obedient, so he didn't say too much nonsense, and said directly: "Let's start the class now."

As he said that, he turned around and wrote four large characters on the wooden board with a charcoal pen - the law of the rule of law.

As soon as these four words came out, the scholar-bureaucrats looked at each other in blank dismay,

Is this a word that a teacher should write?

Even with charcoal, it won't be so ugly!

The literati in the Northern Song Dynasty were really obsessed with calligraphy, and many of them saw Zhang Fei's calligraphy for the first time, because Xu Zhiqian, Cai Jing and the others were usually the ones who handled cases.

I have to say that Zhang Fei's words really surprised them.

Including the students are deeply disappointed.

As expected of Er Bi's background.

Zhang Fei completely ignored this point. Regarding this point, he had already compromised with himself. No matter how hard he tried, he would be despised by others. His requirement for himself was just to know him. He said to a class of students: "I will first Let's see how you learned last year, what is the law of the rule of law?"

Dozens of students attended the Chief Judge's class for the first time. They were both excited and apprehensive. They looked at each other in blank dismay and dared not make a sound.

Zhang Fei asked in surprise, "Don't you guys know?"

The Four Little King Kongs sitting at the front were really anxious.

What are you doing?Don't hurt us!

The students nodded.

Zhang Fei said: "Since you know it, then say it!"

Those students read together: "A consensus to defend the legitimate rights and interests of individuals."

"very good!"

Zhang Fei nodded and said: "Because the source of the law comes from a consensus among people. To put it simply, everyone thinks that stealing is wrong, so stealing and robbery should be prohibited. Everyone thinks that killing people is wrong, so To prohibit killing, people like Zichan and Li Kui later wrote written laws based on these rules.

The source of the law is a consensus among people, and the consensus is born from the protection of personal interests. People feel that stealing is wrong because they are afraid of being robbed, not because they are worried about others.Therefore, the concept of the rule of law is a consensus to safeguard the legitimate rights and interests of individuals. "

Although Zhang Fei's lectures are as rough as his handwriting, the words are not rough, and the scholar-bureaucrats who are listening can understand it immediately.

"And this class, what I want to talk about is how to implement the law of the rule of law, at this point."

Zhang Fei suddenly looked at the Four Little King Kongs, "Your four teachers also often make mistakes in this."

The four little King Kong squeezed out an embarrassed smile, but they were full of expectations in their hearts. They were indeed a little unskilled in using the legal system.

Zhang Fei asked again: "Our "Song Xingtong" is inherited from .?"

He deliberately stopped for a while.

"Tang law is sparse."

A student immediately rushed to answer.

Zhang Fei nodded with a smile as a sign of encouragement, and then asked: "Is "Tang Law Discussion" based on .?"

Another student said: "Confucianism."

"good."

Zhang Fei nodded and said: ""Tang Law Shuyi" is based on Confucianism, which is what we often talk about, the rule of virtue. But whether it is the previous "Tang Law Shuyi" or the current "Song Xingtong", it is Doesn’t it contain all Confucianism?”

No one rushed to answer this question, and all the students present began to think about it seriously.

Cai Bian hesitated and said, "No."

"of course not."

Zhang Fei said: "If it was possible, just based on your attitude towards the teacher in the first class, the four of you would have been sent to jail long ago, and you can still sit here in class."

The four little King Kong lowered their heads in embarrassment, this teacher really holds a grudge!How long has it been, he still remembers.

Many scholar-bureaucrats scoffed, "You should go to jail for your virtue. Is this an exchange between teachers and students?"

Outrageous!

Zhang Fei said again: "Confucianism is broad and profound, how can "Tang Law Shuyi" and "Song Xingtong" be able to explain it clearly. Then can we call together the world's elites to compile a new law code based on all Confucianism? ?”

Those students suddenly fell into doubts again. It was also the first time for them to take this kind of question-and-answer class.

And many scholar-bureaucrats came rushing to quarrel, but with these problems, they didn't know how to intervene in it, so they could only be patient and continue to listen.

Cai Bian suddenly said, "No."

Zhang Fei asked: "Why?"

Cai Bian said: "For example, Confucianism emphasizes harmony between neighbors, but neighbors often quarrel with each other. If this is the law, everyone may commit crimes."

"That's a good answer."

Zhang Fei asked again with a smile: "If Confucianism is really compiled into laws, what is it?"

Those students are all confused, what are the problems, no book talks about these things!

An old man couldn't bear it anymore. You can't answer such a simple question. No wonder these students can only go to the law school, not the Imperial Academy. What?"

Zhang Fei glanced at the old man, smiled and said nothing.

The old man was stunned for a moment, did I answer wrong.

How can this be?

Ye Zuqia suddenly said: "That is the law of Legalism."

Zhang Fei asked with a smile, "Why?"

Ye Zuqia replied confidently: "Because the law of Legalism is to restrain people's words and deeds with decrees, while the law of Confucianism is to educate people and let people restrain themselves. If Confucianism is transformed into laws and regulations, to restrain people What people say and do is not the law of Confucianism, but the law of Legalism."

Many people suddenly realized, and some people bowed their heads in thought.

The old man who answered just now opened his mouth, saw the friends around him nodding, and then closed it again.

"Correct."

Zhang Fei nodded in relief, then wrote "Legislative Law" on the wooden board, saying: "The legalist law is to use decrees to regulate everyone's words and deeds, so no matter what the content is, as long as it appears in this form Yes, that is the law of the Legalists, so what is the law based on Confucianism?"

"Virtue is the master and law is the assistant." Shangguan Jun replied.

"That's right, it's Virtue Master Fa Fu." Zhang Fei wrote these words on the wooden board again.

The people around looked dumbfounded, including those students, they had an appointment, let's sing the oboe here.

We didn't even understand our questions, so you answered them.

Are we idiots?

Lu Gongru also gradually understood why Yuan Jiang had only a half-knowledge when he missed a class. Just now they heard Zhang Fei explain the concept of the law of the rule of law.

These few questions directly describe the laws of Legalism and Confucianism.

The key point is that this is really the case!

Fan Zhen whispered: "In the beginning, Cai Bian and the others were in class, just like these students now, completely clueless."

Lu Gongru said: "That is to say, they didn't discuss it well?"

"No."

Fan Zhen shook his head and smiled wryly, "This is from training."

Lu Gongru nodded slightly.

After finishing writing, Zhang Fei suddenly drew a few waves on the bottom of the board, and then turned sideways, "If Confucianism is like the Yellow River, nourishing our Chinese civilization, who in the world can take the entire Yellow River?" to use?"

Everyone shook their heads.

"Of course not."

Zhang Fei smiled and nodded, and said: "This is one of the reasons why the legalist law failed. The legalist law tried to use the law to regulate all behaviors, but how is this possible? Everyone's thoughts, beliefs, and knowledge are different. Not the same, there are differences between right and wrong, good and evil in everyone's heart, for example, lying, everyone knows that lying is wrong, but many people think that some lies are harmless, and more need to be restrained by morality rather than punishment. The Fa tried to wave the entire Yellow River for its own use, but this was obviously impossible, and Confucianism changed this, so it had the last laugh.”

This explanation will attract many scholar-bureaucrats to nod frequently. This interpretation is quite novel.

The point is that Zhang Fei is exaggerating Confucianism.

Zhang Fei continued: "Then how do we usually use the Yellow River, dig canals for irrigation, carry water for laundry, we just use a little bit of it to solve the problem, instead of brandishing the whole Yellow River, right?"

Everyone nodded.

"Then we can also explain our "Song Xingtong" from this perspective."

Zhang Fei drew another bottle on the wooden board, "We take a little bit from Confucianism and put it into this bottle to form our "Song Xing Tong". Can you understand?"

Everyone nodded in unison.

Zhang Fei said: "Then what do you think, in the law enforcement process, is the bottle or the water in it more important?"

"what?"

Everyone was dumbfounded again!

This jump in thinking is really confusing and out of context. What's going on with this bottle?

Seeing that no one answered, Zhang Fei asked, "Is this question difficult?"

"water!"

"Of course it's water!"

Some students who had just woken up from a dream hurriedly opened their mouths and behaved.

Zhang Fei turned his head to look over, "Li Si."

"coming!"

I saw Li Si coming up with a tray, and there were two bottles on the tray, one of which was similar to the drawing on the wooden board, while the other was relatively round.

Zhang Fei first picked up the bottle on the tray that resembled the pattern on the wooden board, "Suppose this bottle is the bottle on the wooden board, and the water contained in it is Confucianism, representing Song Xingtong."

As he spoke, he poured water into the relatively round bottle, and then asked, "Has there been any changes in Song Xingtong?"

Many people shook their heads, but many people nodded.

Zhang Fei asked: "Can you explain the reason for shaking your head?"

One person immediately said: "There is still so much water, it is also the water in the bottle just now, so there is no change."

Zhang Fei asked again: "Whoever nods, can you tell me your reasons?"

"The shape of water changes."

"good."

Zhang Fei said: "Although there is no change in the amount of water, the shape of the water has changed. Since water has no form, do you think that the Dharma can also have no form?"

"Uh."

"Ok?"

"No."

A group of students shook their heads in confusion.

In fact, they don't understand much, but their common sense thinks that the Dharma cannot be impermanent.

Zhang Fei asked, "Why not?"

".!"

There was silence to answer him, including the Four Little King Kongs who also looked at Zhang Fei blankly.

Zhang Fei looked at those scholar-bureaucrats again.

Many scholar-bureaucrats chose to dodge, and some scholar-bureaucrats looked at Zhang Fei with puffy eyes. I am not your student. What do you think we are doing?If we have the ability, we will hold a debate meeting.

Zhang Fei waited for a while before he said: "Suppose a good man learns that a farmer has been deceived by a big landlord to sign a usury contract, forcing the farmer to sell his wife and children, so this good man hoes the strong and helps the weak." , kill this big landlord, and distribute all the wealth of this big landlord to the people who are exploited by the big landlord, is this hero breaking the law?"

Ye Zuqia said, "Of course it's against the law!"

Zhang Fei said with eloquence: "But everything he does is completely in line with the Confucian morality, weeding out the strong and helping the weak, being willing to do good, and perfect."

"But killing someone, if it's not self-defense, it's against the law." Cai Bian replied.

Shangguan Jun also added: "Although the big landlord is guilty, according to the law, the crime does not deserve death."

"What do you think?"

Zhang Fei asked the others again.

The rest of the people were still a little dazed, not daring to answer this question hastily.

This is when someone shouted outside the window: "Even if it is against the law, it must be merciful outside the law. This hero has done a great deed."

"Yes, yes."

Zhang Fei glanced out the window, smiled slightly, and asked again: "Assuming this hero doesn't break the law, do we still need laws?"

Everyone shook their heads.

"why?"

"Because... because everyone can kill people to get rid of evil, justice is useless." Shangguan replied.

"Everyone kills and eliminates evil, isn't that good?"

"But who can guarantee that if he kills, he must be a villain."

"Returned very well."

Zhang Fei asked again: "Then do you think this hero is breaking the law?"

"Illegal."

Everyone answered in unison.

"Of course it's against the law."

Zhang Fei said: "If it is not against the law, everyone can kill, as long as he thinks he is promoting good and punishing evil, but what kind of consciousness is this?"

There was no sound in the classroom again.

Zhang Fei rubbed his forehead with a headache, "Is my question too difficult?"

Cai Jing suddenly said: "It's personal consciousness."

"That's right, it's a kind of personal consciousness." Zhang Fei said, "Where does the law come from?"

"consensus!"

This time everyone reacted.

Damn it!

After a short time, many students were already sweating profusely. If there were no four teachers standing in front of them, they would definitely not be able to bear it.

Ye Zuqia saw it and thought, you are happy.

At the beginning, no one stood in front of us, and every class we had was pain and joy.

"This is where the problem lies."

Speaking of this, Zhang Fei suddenly glanced at the four little King Kongs, and then said to the students: "Your four little teachers often make such mistakes, and they are very easy to be influenced by their own views on good and evil. It is a typical water-based.

What is the shape of the water, and what is the shape of the container? If the bottle can be changed, then you can still imagine it yourself, as long as you have no regrets, but this is more terrible than the hero who promotes good and punishes evil just now , because they are the chief interrogators, they can legally kill people. "

Not only did the Four Little King Kong not feel ashamed, but instead felt a sense of enlightenment.

Zhang Fei asked again: "What do you think now, is the bottle or the water more important?"

"bottle."

Everyone replied immediately.

Zhang Fei raised the bottle that was the same as the wooden board, "Remember, the law of the legal system emphasizes the bottle, which is the unchangeable rules, not the water inside. Good people who break the law and bad people who break the law should be punished accordingly. The size of the punishment can be considered as appropriate, but it is also based on the circumstances of the case, not whether he is a good person or a bad person. Breaking the law is breaking the law. This is not negotiable.

You must remember that morality is very important to a presiding officer, but a professional presiding officer should put his own moral values ​​into the bottle, rather than use his own moral values ​​to shape the case. Aquarius, because that is just your personal opinion, not the opinion of the world, and it is not the law of the rule of law, because the law of the rule of law emphasizes consensus, and consensus exists objectively, which cannot be imagined or judged subjectively by individuals. Once you judge a case based on your personal views of good and evil, you may save a good person, but you may harm thousands of people.This is a big taboo for the presiding judge. "

(End of this chapter)