Northern Song Dynasty Justice

Chapter 368

Chapter 368

Before, Xu Zhiqian never understood why big figures like Fu Bi and Sima Guang thought that Zhang Fei had the ability to establish a sect.

In fact, Zhang Fei did not hide it from her, and told her the concept of the law of the rule of law.

But she still didn't realize that there was any amazing idea in it.

Until after this class..

Just listening to the conclusion and participating in the derivation process are completely different feelings.

The essence of the whole idea, in fact, in the process of derivation, if you only listen to the conclusion, you will not feel very surprised, because what Confucianism says on the surface, there are also many ideas for the people.

Only in the process of derivation can one feel that these are two completely different ideas.

Compared with those students, Xu Zhiqian has a huge advantage, that is, she can still follow Zhang Fei after class.

After getting into the carriage, Xu Zhiqian couldn't wait to ask: "Actually, you really should bring those students to revise the laws and regulations in "Song Xingtong" together."

Zhang Fei asked: "Why?"

Xu Zhiqian said: "Didn't we talk about this issue before, how many people can be avenged by one pen? That's why I want to be an official, but compared to being an official, a law that truly considers the people can help more people." man!"

"you are right."

Zhang Fei smiled and nodded, "But you overlooked one point."

Xu Zhiqian said: "Which point?"

Zhang Fei smiled wryly, "It's my ability!"

Xu Zhiqian rolled her eyes at him, then snorted softly, "You still want to hide it from me."

Zhang Fei shook his head, "I'm not hiding it from you, and I'm not trying to be humble, amending laws and making laws, as I told you in class, are two different things.

Amending laws and regulations requires a wealth of experience, experience, unparalleled wisdom, and meticulous thinking. I don't have any of these. I can tell them what principles should be followed in litigation, but I can't write them. Come up with a written law. "

Xu Zhiqian glanced at him, seeing that he didn't seem to be lying, and said, "Really?"

Zhang Fei nodded, "You said it yourself, a good law can prevent more unjust, false and wrongly decided cases than a good official, but this is also a double-edged sword. If the law itself has huge problems , that would hurt a lot of people.”

Having said that, Xu Zhiqian also felt that she was thinking too simply, and she knew Zhang Fei's minor problems better than anyone else.He asked again: "Then you said that the government will support your legal system?"

Zhang Fei shook his head and said, "I'm not sure about that."

Seeking truth from facts, Zhang Fei does not have this ability. Talking about the concept of the law of the rule of law and actually writing to practice are two completely different jobs.

He can't directly copy the laws and regulations of later generations, because the objective environment is different, let alone the matter of the emperor, just the crime of stealing, if the laws of later generations are copied, the number of thieves will definitely increase.

Because these days, there are not many jobs for you to do. If you want to move bricks, there is no brick for you to move, only hard labor for you to do.

Based on this situation, if the cost of stealing is lowered, a large number of people will inevitably do it.

A contract is just a relationship between two people, and Zhang Fei can handle it, but a law is related to tens of millions of people. If you don't have enough experience and a deep understanding of this society, you won't be able to do the job at all.

It is very, very easy to criticize something. Both Confucius and Mencius were scolded bloody, but just because you can criticize does not mean that you can do better than the other party.

The meaning of criticism is often to urge that person to do better, not based on the principle that I can do what I do.

In terms of his profession, Zhang Fei still has a very clear understanding of himself.

palace.

"What do you guys think of this legal system?"

When the little emperor Zhao Xu returned to the palace, he asked all the prime ministers with great interest.

All the prime ministers glanced at each other.

Wen Yanbo was the first to speak: "It is undeniable that this legal system does have many thoughts worthy of our deep thinking."

Zhao Bian also said: "If you look at it from the point of view of the legal system, there are indeed many deficiencies in the laws of our court."

Lu Gong wrote: "Actually, some of the laws and regulations of our court also contain the idea of ​​the law of the rule of law. The relationship with property is also unprecedented in previous dynasties."

Although "Song Xingtong" is almost the same as "Tang Law Shuyi", the Song Dynasty was the first to legislate on private inheritance, and it was also the first in the Song Dynasty to explicitly stipulate that women have the right to inherit. Although the conditions are very harsh, it is also a kind of progress.

This is still related to the business environment of the Song Dynasty.

The idea of ​​the rule of law was easier for people in the Song Dynasty to accept and understand.

Wang Anshi smiled and said: "It can be seen from this that it is not a coincidence that the law of the rule of law appeared in our court!"

Zhao Xu nodded and said, "Since everyone appreciates this law of the rule of law, should the imperial court seriously consider and revise the law based on the law of the rule of law?"

He is a pure actionist. Since it is indeed valuable, use it. It is not his style to look forward and backward.

"The law is related to the foundation of the country, and it cannot be changed arbitrarily. Please think twice before acting." Wen Yanbo immediately poured cold water on it.

Zhao Xu's expression changed slightly, but he didn't make a sound.

Can you not sing a different tune?

Wang Anshi immediately stood up and said: "The situation in our dynasty is quite different from that of the previous dynasty, but the laws of our dynasty have always followed the laws of the Tang Dynasty. At this moment, it is reasonable to formulate laws suitable for our court."

Zhao Yan immediately retorted: "Although the situation in our dynasty is different from that of the previous dynasty, it is still similar in general, and there is an amnesty supplement."

Wang Anshi said: "Xiang Zhao is right. The officials can use the amnesty order to make adjustments, and there is no need to modify the Song Xingtong."

Zhao Bian said mercilessly: "Official amnesty orders should also be used with caution. The law is so heavy that we cannot afford it. If the order is changed overnight, it will only make the law lose its authority. This is to discard the root and chase the end."

Sima Guang stood up and said: "Officials, it's too childish to amend the law based on Zhang San's three lectures, and it's hard to convince the public!"

Wang Anshi immediately said: "Since this is the case, do you still suggest official judicial reform?"

Zhao Xu also looked at Sima Guang with a little dissatisfaction.

Isn't this what you did?

Sima Guang immediately said: "I propose to adjust the judicial system, not to amend the laws and regulations of Song Xingtong. This cannot be confused."

Except for Wang Anshi, almost all the other prime ministers opposed it.

Because since the founding of the Song Dynasty, the "Song Xingtong" has hardly been touched, and all supplements are based on the emperor's pardon. On this point, the ministers still have a consensus.

Once any regulations are written into the Song Xingtong, don't change them easily.

They all believe that the key to a law lies in its authority, good or bad is only secondary, and after hundreds of years of research and practice in the "Tang Law Shuyi", no matter how bad it is, it will not be so bad. If it is changed, the law may lose its authority.

But Shenzong is a reformist, and he just wants to reform. In the past two years since he came to the throne, he has actually used many pardons, and many times he was rejected by the Political Affairs Hall, which made him very unhappy.

But this also aroused the minister's precautions.

The frequency of your amnesty order, what method do you need, simply do what your emperor says.

If we infer from historical results, Shenzong's excessive promulgation of pardons and references to precedents also caused an almost irreparable damage to the judiciary of the Song Dynasty.

Many people often don't understand why a very reasonable law, which is simply impeccable, may take more than ten or twenty years of discussion before it can be promulgated.

As a result, there has always been a serious lag in the law.

That's why.

Because once the law changes with the times, changing today, tomorrow, and the day after tomorrow, the result will definitely become worse, not better.

The law has become very perfect, but no one keeps it.

What's the point?

Zhao Xu didn't agree with this, he thought you old bastards were just guarding against me, and didn't let me have the final say, he suddenly looked at Fu Bi who was silent at the side, and asked, "What's Fu Gong's opinion? "

Fu Bi glanced at Zhao Xu, then at his colleagues, thought for a moment, and then said: "Officials, just as Zhang San said in class, the legal system is completely different from Song Xingtong. If the official uses the pardon To promote the law of the rule of law, it will only be that the amnesty decree is in conflict with the Song Xingtong, and it will cause chaos in the world."

With Fu Bi's position in place, Zhao Xu fainted, and nodded awkwardly, "Fu Gong's words are reasonable, but I didn't think about it."

Fu Bi immediately said: "But I also agree that the concept of the rule of law is indeed better than that of Song Xingtong. Since ancient times, countless virtuous officials have often advised the monarch to govern the country with benevolence, but in most cases, although there is a benevolent government, the common people But they have heard it but never experienced it. The reason is that there is no thought of protecting the rights and interests of the people in the laws since ancient times, which leads to the inability to fully implement the benevolent government of the monarch, and even becomes a tyranny in the hands of corrupt officials. The law of the law might avoid that."

Wen Yanbo, Zhao Bian and the others looked at Fu Bi in surprise.

Zhao Xu nodded, and then asked in confusion, "I don't know what Fu Gong is thinking?"

Fu Bidao: "I very much agree with Prime Minister Zhao and the others. Laws cannot be changed frequently. In a stable country, the laws must also be stable. But I also believe that the concept of the law of the rule of law can indeed make the country more stable. stability and prosperity.

Therefore, if His Majesty wants to promote the law of the rule of law, he must regard it as a top priority for the country, order it to be announced to the world, and at the same time formulate a set of detailed rules for amending the law, and gather talents from all over the world to revise it. Otherwise, it is better not to Do. "

The implication is that I support the law of the rule of law, but Zhao Yan and the others are right. The law cannot be changed frequently. If you want to change it, you can’t just say a word. .

Because in this way, it cannot be regarded as an easy modification, but it is necessary to use the power of the state, and it will be difficult for future generations to follow suit. If you have this spare time, it is better to do something else.

If this is Renzong and Zhenzong, I guess forget it, you are playing too much.

But Zhao Xu's ambitions are very big, such as this kind of thing, Emperor Wu of the Han Dynasty did it, and Emperor Taizong of Tang Dynasty did it too, and both of them are existences that surpassed the ancestors.

If this step can be successful, his status will be greatly improved.

Although Wang Anshi and Fu Bi did not like each other, he firmly supported Fu Bi. If you want to change the Song Xingtong, then my reform will become more reasonable.

The Song Xingtong is really changing the laws of the ancestors.

Instead, Wen Yanbo, Sima Guang, Zhao Yan and others were worried.

Brother!

Are you a little impulsive?

After thinking about it for a while, Zhao Xu asked Fu Bi, "Would Mr. Fu be willing to take on this important task?"

Fu Bi cupped his hands and said: "If the officials don't think the minister is old, the minister is willing to devote himself to death, but this is a major state matter, and it needs to be discussed by the court."

Zhao Xu nodded slightly, and said, "Okay, everyone, just think about it again and see if it works."

"My minister obeys."

(End of this chapter)