Northern Song Dynasty Justice

Chapter 365

"I see.!"

Fu Bi nodded as if realizing something, and muttered to himself.

In fact, he had realized before that Song Xingtong was different from the law of the legal system, so how to make legislation with the law of the legal system?
This has always puzzled him.

Because there is an unspeakable contradiction, that is, the emperor's interests come from the people.

If personal interests are emphasized, it will inevitably hurt the interests of the emperor.

The two are opposite again, and this problem seems to have no solution.

The solution given by Zhang Fei is to distinguish between the monarchy, national interests and personal rights.

How to distinguish?

Zhang Fei did not say clearly, but gave some ideas, first of all, according to the circumstances of the case, whether the interests of the country, the monarch, or the interests of the individual are more important.

Secondly, it is distinguished by the severity of the plot. Stealing a mulberry leaf and stealing money from your house are both thefts, but the former should be classified at the personal level, while the latter should be classified at the national level.

However, depending on the seriousness of the circumstances, punishments vary, which has existed since ancient times. Even according to the existing law, stealing a mulberry leaf is definitely a lighter sentence than stealing from your house.

But based on the law of the legal system, as long as it is classified at the individual level, the government should focus on personal gains and losses. If the government is not among the victims, should penalties be used?The guided answer is mainly compensation.

This is obviously much more difficult!
Legalists want to use violence to control violence, simple and rude, if you refuse to accept, I will beat you, but then again, if you don't beat him, how can he obey you?
This is really getting harder the more I think about it.

Cai Bian asked: "Teacher, according to this theory, in many cases, compensation should be the main focus. How can compensation be determined? If this law is not strictly stipulated, I am afraid that it will leave opportunities for corrupt officials to take advantage of. "

Fu Bi nodded repeatedly.

Well said!

Compensation involves money. If you don’t make it clear, officials will have the final say. This is very serious.

It can be seen from this that this matter of prevention and regulation is deeply rooted in the hearts of the people, whether it is Fu Bi or students, they actually have the consciousness of restricting power.

Especially the gentlemen like Fan Zhongyan and Fu Bi were very high-spirited at the time, and even told Renzong directly that your emperor should not have too much power.

The emperor and the scholar-bureaucrats ruled the world together, which meant to protect the power of the scholar-officials, but at the same time it also meant to limit the imperial power.

Zhang Fei asked: "Does Song Xingtong have any laws on compensation?"

Everyone made eye contact.

Cai Bian said, "Prepare for compensation."

Zhang Fei said: "What is the meaning of compensation?"

"Redemption." Cai Bian replied.

Zhang Fei said: "Does it have anything to do with the actual loss of the victim?"

Cai Bian shook his head, "No."

The compensation system is also to compensate the victims, but the exact amount of compensation depends on the punishment you will receive. If ten kuai is worth one stick and you are sentenced to ten sticks, you will have to spend [-] kuai to avoid the penalty , the one hundred dollars will be paid to the victim. Even if the victim loses ten dollars, you will still lose one hundred dollars. This has nothing to do with how much the victim lost.

Zhang Fei said: "Whose interests are you mainly defending?"

Cai Bian replied: "The interests of the country and the monarch."

Zhang Fei nodded and said: "Because personal loss is not within the scope of his consideration, the penalty is still the main focus."

Cai Jing suddenly asked again: "Does the Gu Gu system count?"

Zhang Fei said: "Do you think it counts?"

Ye Zuqia said: "Baogu is generally used for the crime of wounding others. If you hurt others, the government will postpone the sentence for [-] to [-] days according to the severity of the injury. Assuming it is [-] days, then in ten days If the wounded dies on the ninth day, you will be convicted of homicide, so the wounded will be forced to try their best to heal the victim."

"force?"

Zhang Fei laughed and said, "Coercion is coercive. In the stock protection system, is it coercion?"

"No."

Ye Zuqia shook his head, and said again: "Induction."

Zhang Fei nodded and said: "Induction may be more appropriate, but it only shows that the government is more inclined to pay compensation to those who hurt others, but the law is coercive, and if I were a doctor, I think you can do it in half a month." It will be fine, I will not pay, he will recover in half a month, and I will be fine, but have the rights and interests of the victims been protected?"

Ye Zuqia shook his head.

Zhang Fei said again: "I obviously punched him without a doubt, and I tried my best to compensate him and help him heal. In the end, he died suddenly, and I also had to be sentenced to death. Is this defending my legitimate rights and interests? ?”

Everyone shook their heads again.

Zhang Fei nodded with a smile, and said: "It can be seen that no matter whether it is compensation or protection of innocents, they still follow the idea of ​​paying but not punishing, and punishing but not paying. The law of the law."

After a pause, he asked again: "Do you know how the government handles cases of non-repayment of owed money?"

Cai Bian replied: "Usually such things don't go to the government, but if they do, they usually beat them with ten sticks first to urge them to pay back the money."

"Why don't you pay it back?"

"Ten more sticks."

"Why don't you pay it back?"

"Uh."

Cai Bian suddenly realized that there might be a trap in this question. After thinking about it, he said: "It depends on how much money is owed. If the money is not much, it may be ten sticks or twenty sticks. Generally speaking, the government will judge that if the punishment is enough Once the debt is paid off, it won’t matter anymore.”

"It's better to pay without punishment, and to pay without compensation. The purpose of doing this is to appease the hearts of the people. It concerns the country and the monarch, rather than defending personal interests." Zhang Fei said: "How do the people deal with it?"

Cai Bian said: "If it is a landlord and a tenant farmer, the tenant farmer may be forced to sell his wife and children."

Zhang Fei asked: "Compared to using punishment to supervise, do you think that is a more reasonable way to deal with it?"

Everyone is looking at each other.

Ye Zuqia said: "If it were me, I would rather suffer twenty sticks than sell my wife and children."

Many people nodded.

Shangguan Jun said: "But if you take twenty sticks and forget it, the borrower will lose in vain. There is an illegal system!"

Many people nodded.

"There's a problem."

Zhang Fei came to the board again, "If you pay with a fine, then the borrower will lose in vain, and you will not defend your legitimate interests. It is also unreasonable to sell your wife and children, but you think this is too much compensation. But as far as the rule of law is concerned, wives and children are also human beings, and their rights are also personal rights."

The students were taken aback, this was really something they hadn't thought about.

This law of the rule of law is really pervasive and involves all aspects.

Zhang Fei said: "But if you are asked to modify it, will you modify it based on punishment or sell your wife and children?"

Cai Bian asked unsurely, "Sell your wife and children?"

"why?"

"Because if the law is established according to the law, it is wrong to use punishment as a substitute. Selling a wife and selling a child, as long as it is modified to pay back the money, then it will be fine."

"But in general, people sell their wives and children because they have no money to pay back." Shangguan Jun said.

Cai Bian said, "That's true."

Zhang Fei asked with a smile: "What should I do?"

you ask me?
I also want to ask you.

Everyone also looked at Zhang Fei blankly.

Zhang Fei said: "Don't keep looking at me, you have to think for yourself, I also think for myself. What you have to learn is the method, not the conclusion, maybe my conclusion is not right! This time I will lead you to deduce it again. Once, next time you have to think for yourself, don't always rely on me."

The students nodded awkwardly.

"Suppose Zhang San, no, suppose Li Si, also wrong, suppose Wang Wu borrowed Wuguan money from Zhao Liu, but in the end he didn't repay the money as promised, Zhao Liu came to the government to sue the government. What is our first consideration? "

"Consider whether Wang Wu has the money to pay back?" Shangguan Jun replied.

"... If you think so, then you should stop being an official." Zhang Fei snorted.

Shangguan Jun said: "Why?"

Zhang Fei smiled wryly, and came to the front of the wooden board, "We just said that the first thing to consider is whether it will harm the interests of the country and the monarch. You don't consider this, what kind of official are you?"

Fu Bi, Wang Anshi and Sima Guang all laughed when they heard this.

Zhao Xu didn't think much of it at first, but when he saw that they were all laughing, he laughed too, feeling a little bit embarrassed.

Also think too much about me.

Shangguan Jun blushed like a monkey's butt. After this class, he got more wrong answers than all the classes above him.

"Do you have?"

Zhang Fei asked again.

"Probably not." Cai Jing replied.

"There should be nothing, there is nothing at all, this is purely a debt relationship between two people."

Zhang Fei glanced at him and said again: "Since the interests of the monarch and the country are not involved, what do we only need to consider?"

"Individual legitimate rights and interests."

"Correct."

Zhang Fei said: "We need to focus on this point. This is a debt dispute. What should we judge first?"

Ye Zucha glanced at Shangguan Jun, as if asking, do you still answer?

All the officials dared not answer.

Ye Zuqia said confidently: "First of all, we need to consider whether Wang Wu has the money to pay back?"

Zhang Fei said angrily, "If you want to be an official, you must be a mediocre one."

Xu Zhiqian couldn't help laughing.

Ye Zuqian wondered, "Otherwise, what are you thinking about?"

Zhang Fei said: "Of course it is to consider whether the debt relationship is legal or real? If this step is skipped, do you still need to consider the next step? You can decide whatever you want!"

Ye Zuqia's face was even redder than Shangguan Jun's.

Shangguan covered his mouth and snickered.

What are you wearing.

"There is a saying that three cobblers are the best of Zhuge Liang. After the interrogation by a group of you, after more than half a year of interrogation, it is finally confirmed that the debt relationship is true and legal. What should we consider next?"

".?"

Whoever answers who SB!

Xu Zhiqian couldn't help but replied: "Consider whether Wang Wu has money to pay back?"

"What do you know about making tea?"

Zhang Fei glared at her, "Of course I'm considering whether Zhao Liu's appeal is reasonable or not!"

Xu Zhiqian pouted, and continued to make tea.

Shangguan Jun, Ye Zuqia and the others immediately regained their balance.

It turned out that the teacher was not targeting me, but even his fiancée.

Zhang Fei excitedly said: "How many times do I have to say it before you can remember that to defend the legitimate rights and interests of individuals, whether Zhao Liu's demands are legitimate or not is very important! Do you know how many landlords colluded with the government to oppress you?" People, the problem lies here. The landlord’s improper demands will be punished by the government. You...you go out in the future, don’t say you are my student, I really can’t afford to lose this person.”

The eyes of the students were slightly red.

They used to dislike Zhang Fei, but now they are disliked by Zhang Fei like this.

Zhang Fei continued to ask: "You cobblers have inspected for half a year and found that the appeal is legitimate, what should we do next?"

This time, no one dared to answer.

Zhang Fei was not in a hurry, and leaned on the podium, which meant that we were exhausted.

Zhao Xu said: "We should consider whether Wang Wu has the money to pay back."

"Official Shengming!"

Zhang Fei immediately bowed his hands.

I..

Countless looks of contempt shot at Zhang Fei.

You are too much!
Zhao Xu didn't feel proud at all, but his cheeks were slightly flushed.

Zhang Fei saw the embarrassment of the emperor, that would not work, and quickly turned back to the topic, "As the officials said, the next step is to examine whether Wang Wu has the money to pay back? There are two situations, first, if he has money and does not pay back. Second No money to pay back. Let’s look at the first one first, what should he do if he has money but doesn’t pay back?”

Cai Bian replied: "Forcing him to pay back the money?"

Zhang Fei said: "Here we have to consider a problem first, generally speaking, Wang Wu is unlikely to say that he has money and not pay it back, he must say that he has no money, so we first need to check whether he is really rich.

If he finds out that he is really rich, he just won't pay it back. What does it belong to? "

".!"

"This is deceiving the government and disobeying government orders." Cai Bian replied courageously on purpose.

"Whose interests have been violated?"

"Prince and State."

"Correct."

Zhang Fei nodded, "Then he will accept the punishment, but how should the punishment be determined?"

Cai Jing suddenly said: "I think it can be judged by the backup compensation system."

Zhang Fei asked: "Why?"

Cai Jingdao: "Because Wang Wu's original intention was to renege on debts, not to harm the interests of the country and the monarch, the punishment should not be too heavy, and if he pays back the money directly, the government doesn't need to spend so much money, so I feel prepared Compensation is more appropriate, but the ransom money should go to the government."

Wang Anshi frowned, as if he had thought of something.

Zhang Fei said approvingly: "Cai Jing, you can get out of the team of cobblers now."

When it comes to money, Cai Jing is still very flexible.

Faced with this compliment, Cai Jing didn't know whether he should be happy or depressed.

Zhang Fei continued: "Wang Wu's behavior intentionally caused damage to the government, but also indirectly harmed the interests of the country and the monarch. Compensation is undoubtedly a very appropriate punishment. Let him choose whether to beat him or punish him." He, after all, makes sense for both.

If you don't pay back the money, what you consider is the government's ability and execution.The worst thing is, Wang Wu really has no money to pay back, so what should I do? "

The students all looked at Zhang Fei, including the group behind him.

This problem is really not easy to solve.

In the eyes of many officials, it is to beat him to pay off his debts.

Soothing.

But based on the rule of law, this cannot be done.

Zhang Fei waited for a while, but no one answered, and he said: "I repeat, based on the rule of law, our principle is to defend the legitimate rights and interests of individuals, not on the premise of harming other people's rights and interests. Including Wang Wu.

Failure to pay back the money will harm Zhao Liu's interests, but he has no money to pay back. If the government upholds the concept of the rule of law, it can only force Wang Wu to pay Zhao Liu a month based on his monthly income. six.Wang Wu must pay back the money, but at the same time, he cannot pay back the money on the premise of hurting Wang Wu. "

Everyone nodded thoughtfully.

Zhang Fei asked again: "If Wang Wu has a small house, should he sell the house to pay off the debt?"

Cai Bian shook his head and said, "It shouldn't be, if Wang Wu is forced to sell the house in winter, causing his family to freeze to death, then it is no different from taking away rations."

Zhang Fei asked again: "What if Zhao Liu waits for this sum of money to save his life?"

Everyone is dumbfounded, are you making things difficult for us?

Zhang Fei said: "Don't look at me like that, this kind of case has definitely happened before."

Shangguan Jun said: "Then it is estimated that Wang Wu will have to sell the house. After all, his life is at stake, and he is already obliged to pay back the money."

Zhang Fei said with a smile: "Actually, this kind of case can only be analyzed on a case-by-case basis, and I don't have a specific answer, but you must not be afraid, because as long as you uphold the concept of defending the legitimate rights and interests of individuals, it doesn't matter whether it is legislation or not." , The penalty is good, maybe everyone’s penalty is different, but it’s not wrong.”

All the students nodded one after another, their confidence began to pick up, as if a window opened in their hearts, and a ray of light shone in from the outside.

Zhang Fei glanced outside the door, it was almost done, get out of class could be over.

Wang Anshi suddenly laughed and said, "Mr. Zhang's words are very reasonable, which benefited me a lot, but Mr. Zhang seems to have overlooked one point."

Everyone looked at Wang Anshi.

Zhang Fei hesitated for a while, then cupped his hands and said, "I would like to hear a good opinion."

Wang Anshi asked with a smile: "If even a debt dispute has to be considered so meticulously by the government, does the government still have the energy to take care of other things?"

(End of this chapter)