Northern Song Dynasty Justice

Chapter 362 Song Xingtong

noon.

National Supervisor.

Two teaching assistants in their fifties had eaten outside and had just returned to the Imperial College. They found that the Imperial College had three floors inside and three floors outside.

There are seven or eight servants cleaning the courtyard in a hurry.

One of them immediately said, "Today is Zhang San's class again?"

"Ah! Really. It seems that the officials will come here to attend lectures again."

"The government and a group of ministers come here every day to listen to a lecture from a young child. Is it possible that I have been so idle in government affairs?"

"If it weren't for that, how would Zhang San dare to be so arrogant? He has been in the Imperial College for some time, but he has visited us before. Every time he arrives here just before class starts, and then leaves after class."

"This kind of person is also worthy of being a teacher."

During the conversation, the two passed by the largest classroom in the middle, and saw two old men sitting in it, they were all shocked, and they looked at each other in dismay, quickly stopped talking and passed by in a hurry.

These two old men are exactly Fu Bi and Wen Yanbo.

You must know that there is still some time before class starts, the prime ministers of the two countries rushed to occupy their seats so early, and Su Shi was not so diligent in going to the brothel.

This..

"Fu Gong seems to have recovered, which is really gratifying."

Wen Yanbo stroked his beard and laughed, with a playful look in his eyes.

Fu Bi couldn't help blushing, nodded and said: "I admit that the reason why I stayed behind closed doors before was indeed because I didn't agree with Wang Jiefu's new law."

Wen Yanbo asked: "In this case, why didn't Fu Gong stand up to dissuade the officials?"

Fu Bi sighed helplessly: "During the Qingli New Deal, I also hated Xia Song and others, and often quarreled with them, but now that Wang Jiefu is going to reform, if I stand up and oppose it, wouldn't I be acting like the person I hated before? What to do, there is a way, don’t do to others what you don’t want yourself to do to yourself, this is not what a gentleman does.”

Speaking of this, he glanced at Wen Yanbo, "It's not what the officials want."

Wen Yanbo nodded slightly, and said again: "However, Fu Gong seems to have a soft spot for this legal system, and he is more active in class than the students."

He was going to come later, but when he was eating out, he saw Fu Bi rushing this way, so he followed.

Fu Bi nodded and smiled and said, "I don't deny that, Zhang San's legal system is really fascinating. I recently looked through ancient and modern books, except for Yang Zhu's few words, which are similar to it, and there is no similar thought. It makes me wonder why this is the case.”

Wen Yanbo said: "The law of the legal system is a kind of thinking for the people, and the Confucianism also advocates benevolent government and love for the people?"

Fu Bi said: "Water can carry a boat, but it can also overturn it. After all, it is the boat that protects, not the water. Therefore, Confucianism is often helpless when encountering a faint king or a tyrant."

Wen Yanbo asked: "Can the law of the rule of law do it?"

Fu Bi shook his head and said: "I don't have a clue yet, let's see what he said in this class. In the last class, although Zhang San explained the relationship between the law of the legal system, the law of Confucianism, and the law of the legal system, he didn't understand it." Explain clearly what legitimate rights and interests are? How should they be defended? Does not paying taxes count as defending the legitimate rights and interests of individuals? Is the state’s excessive taxation considered a violation of personal rights and interests? If so, what should be done?"

Wen Yanbo frowned and said, "I've thought about this too, but can this be explained clearly?"

Fu Bi said, "See what he says today."

As he was talking, he suddenly heard the noise outside, Wen Yanbo said: "It seems that the officials are here."

The two went out to have a look, and as expected, they saw Zhao Xu chatting with Wang Anshi, Sima Guang, Lu Gongzhu and others while walking towards them.

Although the logical relationship between the three laws was clearly explained in class, Zhang Fei did not give a clear explanation of the most important "legitimate rights and interests".

Stealing and killing is a crime. This is indeed a common understanding. It was not thought up by some saint, but formed naturally. It is really easy to understand if it is explained by this.

However, the problems of the country are often not caused by these consensuses. Most of these are just anecdotes, and which dynasty is going to perish is not because of these problems.

Moreover, when Zhang Fei explained the laws of Legalism and Confucianism, he took the interests of the people as an example, but when talking about the laws of the legal system, he avoided these issues.

With everyone's discussion and thinking, everyone found that the essence of the legal system has not been explained clearly.

Everyone was looking forward to this class very much, they all came early, and then...then just waited blankly for Zhang Fei just like before.

Of course, Zhang Fei was the last one to arrive as usual, he just made sure that he would not be late, and if you all arrive early, then no one is to blame.

But when he saw Zhao Xu, he still said with great sincerity and fear: "I'm guilty of keeping Your Majesty waiting for so long, please forgive me."

Everyone cast contemptuous glances at him.

Why don't you come sooner?

Are your affairs busier than the Emperor's?

Zhao Xu waved his hand and said, "Forget it, I'm already used to it."

Zhang Fei said with a sneer: "Thank you, Your Majesty, for your forgiveness."

Zhao Xu waved his hand again and said, "Hurry up and go to lecture."

Suddenly there was an uproar.

"Where is the woman from?"

Everyone looked up.

I saw Xu Zhiqian standing in front of the door tremblingly.

Xu Zun couldn't help glaring at her angrily.

He has told Xu Zhiqian several times that she must not come to this occasion, because this place is full of old masters.

But this time, Xu Zhiqian wanted to follow her because every time she was in class, the prime minister would run to the house, but it didn't sound very profound, and she also wanted to know what the class was talking about.

Sure enough, it immediately caused many old masters to stare at each other.

They're all men, it's not proper for a girl to run here.

Didn't you see that the brothels are all open next door, but not in the Guozijian.

Zhang Fei hurried up to the podium and coughed: "There may be a lot of content today, this class may be delayed later, and the Imperial College did not provide us with special assistants, so I specially invited Mrs. Xu to come over and make tea for me." Quench your thirst, does everyone have any opinions?"

"Teacher has worked hard."

The students said in unison.

If you are willing to talk more, we have no objection to what you are doing, but we are afraid that you will end the get out of class after halfway through your speech.

No one dares to say no.

If you don't allow it, get out of class will be dismissed if your mouth is dry.

"Thank you for your understanding."

Zhang Fei repeatedly cupped his hands.

Li Si and Long Wu carried a small tea table and put it in the corner inside, and put a small brazier on it. Xu Zhiqian hurried over with her head bowed, and started to work like a maidservant.

And as Zhang Fei came to the podium, no one paid attention to her anymore, and everyone's eyes were on Zhang Fei.

Beauty?

In the face of the rule of law, a beautiful woman is a fart.

In this classroom, Zhang Fei is undoubtedly the most charming, even though everyone is a man.

Standing on the podium, Zhang Fei opened his small book and looked at it, raised his head and said: "In the last class, we have clearly explained the relationship and differences among the laws of the legal system, the laws of Confucianism, and the laws of Legalism, and Why should everyone take the legalist law as a warning, because under the legalist law, there is no legal system, so let’s analyze some specific cases in this lesson.”

"teacher!"

Cai Bian suddenly said.

Zhang Fei glanced at him, "What?"

Cai Bian asked anxiously: "Actually, we still have some questions that we haven't figured out in class."

Zhang Fei's complaints, invisible, had left a shadow on them.

Regarding who raised this question, they even drew lots in private, and Cai Bian was finally drawn.

Zhang Fei frowned.

Cai Bian suddenly panicked, "The students are stupid, the teacher forgive me."

Now they have self-doubt, they really don't know whether Zhang Fei has explained this, or they are stupid and unable to understand.

Zhang Fei asked, "What's the problem?"

Cai Bian immediately said: "It's about legitimate rights and interests. In the class, the teacher said that the Confucian law meets the legal system, and the legal system should be the first. However, since ancient times, the conflict between the court and the people has often appeared on taxation. According to what the teacher said, in many cases, such as excessive taxation, people do not pay taxes, it should be regarded as defending the legitimate rights and interests of individuals."

This one will drop a blockbuster.

Everyone looked at Zhang Fei expectantly. These days, this question has been bothering them.

How does the law of the rule of law explain taxation issues.

This is the source of the contradiction!

Zhang Fei came to the edge of the podium again, leaned against the edge of the podium, folded his hands on his chest, and performed his signature action. Is there a law of the law?"

Everyone was taken aback for a moment, then nodded.

"Ok?"

Zhang Fei looked at them.

Everyone shook their heads uncertainly.

Zhang Fei said dissatisfiedly, "What are you doing? Do you exist or not? So much has been said in the previous two lectures, can't you even tell the difference?"

Shangguan Jun suddenly said: "Of course it exists."

Zhang Fei asked: "For example."

Shangguan Jun said: "Regarding this point, the teacher has already said in the first class, such as stealing, robbery and killing, it is a consensus among people to defend their legitimate rights and interests, and it belongs to the law of the legal system. These crimes are also included Song Xingtong."

The rest of the people also nodded, of course it exists, why do you ask this.

Zhang Fei asked with a smile: "Have you read Song Xingtong?"

Shangguan immediately said: "The student has read it."

Zhang Fei asked again: "Do you remember some general regulations about the law of robbery and the law of thief?"

Shangguan Jun shyly said: "Students can recite the whole text."

"Really?" Zhang Fei asked in surprise.

"Really."

Shangguan blushed and said.

Zhang Fei nodded and said: "Then you are really good, I can't even memorize the first page."

As soon as this remark came out, everyone was very surprised.

You, a law teacher, can't even memorize the first page?
Cai Jing flattered: "The teacher is humble."

Zhang Fei shook his head and said: "There is no humility, you can read books in a lawsuit, why should I memorize them?"

Everyone suddenly realized.

No wonder this kid brought more documents than anyone else in the lawsuit. It turns out that he has a bad memory!

"Don't talk about this first." Zhang Fei coughed, and then said to Shangguan Jun: "Well, I will test you, if you steal more than three bolts of cloth, how will you be sentenced?"

"Death penalty." Shangguan replied.

Zhang Fei nodded and said, "Then?"

Shangguan was stunned and said: "What then?"

Zhang Fei said, "Are there any other punishments?"

Shangguan was stunned for a moment, and said: "This has already been sentenced to death, do you need other punishments?"

Zhang Fei asked again: "Then do you think it's reasonable?"

Shangguan replied cautiously: "Most of the punishments in the Song Dynasty in my dynasty followed the laws of the Tang Dynasty. If I followed the laws of the Tang Dynasty, I judged the punishment according to whether I held a stick or not, and how dirty it was. It is heavy, but many officials will still consider it at their discretion during the trial."

Cai Jing immediately said: "My lord, Shengming, issued an amnesty last year to reduce some crimes related to robbery."

In fact, at the beginning of the founding of the Song Dynasty, the Song Dynasty still adopted heavy codes to govern the world. However, since the beginning of Zhenzong, the ministers of the court felt that the world was stable, and they could no longer use heavy codes. They had to be cautious and less punished. In the past 30 to [-] years, most of the punishments in the Song Dynasty have been in this direction. develop.

Zhang Fei glanced at Cai Jing, smiled slightly, and asked again: "Then do you think this is a law?"

Shangguan Jun said: "Of course it belongs."

Zhang Fei asked, "What is the law of the rule of law?"

Shangguan immediately said: "A consensus to defend the legitimate rights and interests of individuals."

Zhang Fei said: "If you go to steal, there must be a victim, so in this law, is there any mention of the victim?"

Shangguan blinked, thought for a while, shook his head and said, "No."

Zhang Fei asked again: "Then whose interests are you defending?"

Shangguan Jun blinked, "Although the victim was not mentioned, it is still promoting good and punishing evil!"

Zhang Fei said: "If you are a victim and you have three bolts of cloth stolen, what do you want most?"

Shangguan thought for a long time, and said: "I, I should. I should be eager to get my cloth back."

Zhang Fei said: "Don't you kill the thief?"

Shangguan Jun hurriedly said: "If it's just three pieces of cloth and my relatives haven't been hurt, it won't make me want to kill them."

Zhang Fei nodded and said, "If one is to defend individual rights based on the rule of law, what should be the priority?"

As soon as this question came up, Wang Anshi, Sima Guang, Fu Bi and the others fell into deep thought.

Zhao Xu didn't seem to react yet, and was still looking left and right.

Shangguan Jun thought for a while, and replied uncertainly: "Repaying my cloth should be the first."

Zhang Fei said: "But in this regulation, there is no mention of this."

Cai Bian immediately said: "However, in the law of thieves and robbers, there are quite a few discussions. It has been mentioned that the government should return the lost property, and under normal circumstances, the government will also return the stolen goods to the victim."

Zhang Fei asked again: "What should I do if the stolen goods are spent?"

Cai Bian said shyly, "Then there is nothing we can do, but he has already paid for his life, so what are these three pieces of cloth?"

Zhang Fei said: "What if you took these three pieces of cloth to save your father's life?"

".!"

Cai Bian fell silent.

This is a lever!
Can you still have a pleasant chat?

Zhang Fei glanced over.

Everyone is silent.

What can be done then?
Admit it.

In the statute, there is no compensation regulation.

Zhang Fei said: "Let me ask you, during the process of this case, did your interests suffer?"

"Yes."

"So have you been compensated?"

"No."

"So the court's purpose in killing him is to put your personal interests first, or the national interests first?"

"nation."

"Then is this the law of the Legalists, or the law of the legal system?"

"The Law of the Legalists."

"Then the question is, in the Song Xingtong, which laws belong to the legal system?" Zhang Fei asked quickly.

Confused again!
like!

Yes or no?

Just now Shangguan Jun, who said he could recite Song Xingtong, was at a loss.

Cai Jingdao: "National interests also include personal interests."

Zhang Fei asked back: "That is to say, if your father died because of those three pieces of cloth, you would feel very at ease. After all, this is a life for a life."

Cai Jing said embarrassingly, "Of course not."

"Why?" Zhang Fei asked.

Cai Jing didn't answer.

Xu Zhiqian stared blankly at Zhang Fei, she suddenly found that Zhang Fei, as a teacher, was stronger than when he was in the lawsuit.

It doesn't matter if the students can't stop it, the old masters behind just opened their mouths there, but there was no sound.

Zhang Fei waited for a while, and said: "There is a very classic case in the Han Dynasty. I don't know if you know this case. A farmer was leading a cow on the way home. The cow accidentally trampled on someone else's crops. The landlord is about to seize the cow to compensate for his losses, and eventually the two sides will quarrel with the government, do you know what the final result will be?"

Shangguan Jun said: "In this case. I. I know. In the end, the farmer was punished for trampling the crops, and the cattle were not compensated to the landlord."

"What's the reason?" Zhang Fei asked.

Shangguan Jun said: "In the Han Dynasty, the crime of trampling crops was a felony, and they were already convicted of felony crimes. Why should the landlord be compensated?"

"If you are a landlord and a person accidentally steps on your crops, do you want him to lose money or his life?"

"Of course it's a loss."

"As far as the country is concerned, in order to maintain the sanctity of crops and the stability of the country, do you need money or life?"

"Death."

"why?"

"It can better deter others."

"Is it for the individual, or the country?"

"nation."

"good."

Zhang Fei nodded and said: "From the Fa Jing to the Tang Law Discussion, and then to the Song Dynasty's criminal system, they are all based on the legalist law, which does not involve the law of the legal system.

Just now, student Cai Jing said that national interests include personal interests. The implication is that national interests should be put first. This is correct. This is also a law of the legal system. consensus.But I also asked a question in class, what is a law without a legal system? "

Cai Bian replied: "The law of the Legalists."

Zhang Fei said: "Is there any legal system in the criminal system of Song Dynasty?"

Everyone looked at each other.

Zhang Fei asked again: "In the laws and regulations of Song Xingtong, what is the end?"

"penalty."

"Penalty is punishment. It is the state that punishes individuals. What is defending is the authority of the state. It has nothing to do with the victims. It is not difficult to find out that the final end all falls on the punishment. There is no mention of the victims. Therefore, there are various punishments in our dynasty, but there is no law on compensation."

Speaking of this, he suddenly asked: "That's right! What was the question you asked just now?"

Cai Bian hurriedly said, "It's about taxation."

Everyone also woke up.

Yes!We asked this question, how did it get involved.

Zhang Fei asked: "Is the tax law written into Song Xingtong?"

"Yes."

"Song Xingtong is the legalist law, and the tax law in it naturally belongs to the legalist law. Of course, the national interest is the only one, and the country can collect as much as it wants. There is no legal system in it, so the answer is , Excessive taxation, people have to pay taxes, this is not at all inconsistent with the law of the rule of law."

(End of this chapter)