Northern Song Dynasty Justice

Chapter 382 The essence is still the dispute between the two laws

Chapter 382 The essence is still the dispute between the two laws

Never laugh!

Indeed no one laughed.

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

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

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."

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

But the ministers are also suffering!

Zhang Fei had never mentioned this issue before.

Zhang Fei was only expounding the concept 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 Zhang Fei was only lecturing at that time and only learning, so Zhang Fei kept comparing the laws of Legalism and Confucianism, and did not say that he suggested that the emperor do this, 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 when the ministers advise the monarch, they can use this statement to say it.

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

"Cough cough!"

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 principles of ethics.

For example, if a wife sues her husband, even if it is true, it will take two years according to the law. This law follows the Three Cardinal Principles and the Five Constant Principles, but it violates the concept of the law of the rule of law, because according to the law of the rule of law, relatively speaking, the two ends of the law are equal. Yes, but the three cardinal principles and five constant principles are not equal. "

The other ministers immediately reacted and nodded frequently.

Fu Bi said very bluntly that people are not equal, which 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 very much agree with Wen Gong's words."

Zhang Fei nodded and said, "I'm just explaining my reasons for innocence. I definitely don't think that Yushitai is at fault in this case."

Wen Yanbo asked in surprise, "Is this true?"

"Exactly!"

After speaking, Zhang Fei said to the students again: "Do you know why?"

Those 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 a commoner, I must go to court with Yu Shitai, because I think I am innocent.

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

Jiang Zhiqi, Peng Siyan and other Taiwanese officials looked at Zhang Fei in surprise.

Are you serious?

But it sounds so hypocritical!

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

Zhang Fei smiled and said, "What do you know? It's called being funny. This also proves that I'm not angry about it. It's been a few days since I came out, but you guys have heard that I'm clamoring to appeal. Where am I going? Are you making a fuss? I just hurriedly started this class and explained the problem clearly. I don’t have any complaints about Yushitai. And."

He looked at Jiang Zhiqi and Peng Siyan, "Jiang Yushi and Peng Yushi can also testify for me, whether I am very cooperative with Yushitai's investigation, 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 process, 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.

If they don't make a sound, they just acquiesce.

The students looked at each other.

It seems to be the same thing.

Zhang Fei didn't make a fuss, 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. This kid must take revenge .

"but."

Zhang Fei suddenly said again.

Everyone immediately cast contemptuous looks at Zhang Fei.

as predicted.

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.

Saying a word while standing in the Imperial College is not the same as saying a word while standing beside a 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 hell told you that you don't need to talk about evidence to arrest our officials?

You are a complete double standard!

But they still have hardships to say.

This kid is really bad!

Lu Gong heard the implication, hehe 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 I'm 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 board, "Then do you think my statement violates 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 subjects, the husband must set an example for his wife, and the father must set an example for his son. The requirements for the monarch, husband, and father are higher, isn't that what the teacher said before?"

Zhang Fei asked again: "Then why are wives not allowed to sue their husbands? 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 in the face of Zhang Fei's problem, they must unite as one, otherwise, they will be completely unstoppable.

Cai Jing whispered: "As the saying goes, it's hard for an upright official to break up housework. There will always be conflicts between monarchs and ministers, between husband and wife, and between father and son. If both parties are reasonable, one of them will inevitably make concessions. Only then can we live in peace and harmony, if there is no ethics, the quarrel will inevitably be exacerbated."

Everyone nodded.

Well said!

That's it.

"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. When he is drunk, the husband beats his wife every day, every day throughout the year, and the wife is doubled." If you are blind, do you think it is not abiding by the rules for your wife to file a lawsuit?"

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

"Don't worry about it."

Zhang Fei said: "Let me ask you, do you think that in this case, 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 breaking the rules."

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 shed tears, 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 this paragraph of my words under this regulation as a comment, is it against the norms?"

Everyone shook their heads.

Zhang Fei said: "What about blindness?"

Everyone shook their heads.

"What about breaking a finger?"

Keep shaking your head.

"I was beaten every day, my nose was bruised and my face was swollen, and my wife was only allowed to eat one meal a day, but her life was not in danger. If my wife went to sue the officials, would it be against the norms 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 worthwhile to exchange a twenty-character proposal for an innocent 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, everyone knows that his wife sues the government, and it does not violate Gangchang ethics, but it is puzzling why he didn't add one more comment, but In fact, in the last class, we have already mentioned the reason, who of you can answer it."

"Have it?"

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!

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

"The Law of the Legalists."

The students said in unison.

"Not bad!"

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

Everyone replied in unison: "Lack of protection and defense."

Zhang Fei said again: "Comparing this law with this case again, do you understand?"

The students suddenly realized and nodded their heads.

The 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 angrily: "Then you couldn't answer 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 regulation only has punishment, but no protection, so should it be revised according to the law of the rule of law?"

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 to consider first?"

".?"

"Ok?"

Zhang Fei frowned and looked at them.

Cai Bian hurriedly said: "We must first consider whether there is a 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 also increase the credibility of the government."

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

The students seemed very hesitant, which seemed to hurt, but also didn't seem to hurt.

Jiang Zhiqi looked very anxious, and said: "If you condone this situation, it will violate the principles of the 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 Jiang Yushi means is that seeking the government's decision 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, it is encouraging a wife to sue her husband. This is not in line with the principles of 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, but what punishment should be given, and whether we should use punishment to solve such problems.

The standard of judgment is whether such things will directly and seriously harm the interests of the monarch and the country. If so, penalties must be imposed, but if not, it is based on the situation to protect the legitimate rights and interests of both parties. "

Jiang Zhiqi asked, "How to maintain it?"

Cai Bian further explained: "If a husband beats his wife for no reason, according to the rule of law, his wife's rights should be protected."

Jiang Zhiqi hummed: "How to protect? Is it to punish the 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 imposed. It may only be a verbal lesson or a warning to the husband. But if the wife Unreasonable, as well."

Jiang Zhiqi's face turned dark.

The faces of many ministers are 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!

What we are asking for is inequality, not reason.

understand?

I know!Don't worry.Zhang Fei suddenly asked: "What if the wife beats the husband? The plot is not very 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 subconsciously shook their heads.

"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 all thinking?"

Cai Bian said: "The wife suing her husband is also against the norms."

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 It is an act of revenge for a wife to sue her husband, 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 avenge or hurt her husband, so why is it against the norms? "

Yes!How could this be forgotten.Whoops. Our brains..

In this winter, all the students are sweating profusely!

This was not the case in the previous class. As long as the teacher said it, I could remember it quickly and use it freely. Why did I not be able to answer anything in this class, and I had to ask the teacher for advice.

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 sues the officials to seek protection. This is not against the rules and regulations.

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.

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

Zhang Fei asked again: "Wife beats her husband, how should the law be punished?"

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

Zhang Fei glanced, "Any other answers?"

The students didn't dare to nod easily.

Seeing that the students didn't dare to answer, Jiang Zhiqi was really sad and 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 are really a legalist style. You must remember the law of the rule of law, which takes protection as the concept. Wife Beating the husband, if the circumstances are not serious, the government must follow the husband's ideas at this time.

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 were all dumbfounded. You really know how to chat. After a long time, most of you still want to avoid the punishment of the government.

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

Zhao Xu smiled and said, "Otherwise, it wouldn't attract such people to listen."

Empress Dowager Cao nodded.

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

The students nodded first, then shook their heads.

Fu Bi was also dumbfounded, so you just answered the question?

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

Ye Zuqia said: "No."

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

Certainly not.

"of course not."

Zhang Fei said: "The case just now has been made very clear. The essence is 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 general ethics under the law of the legal system."

"what?"

The students' eyes widened.

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

(End of this chapter)