When we got to the second floor, there was only a small room with four windows, but the decoration was very elegant. There was a person sitting in the room at this time, and that was Emperor Shenzong.

He sat at a small square table, on which was placed a pot of wine and four very exquisite dishes, all of which were Zhang Fei's favorites, even the pretty little palace maid beside him.

"I, Zhang Fei, pay my respects to Your Majesty."

Zhang Fei bowed.

Zhao Xu smiled and said, "No need to be polite, sit down."

The hand leads directly to the opposite side.

He had always been reluctant to reveal his identity because he hoped to maintain a friendly relationship with Zhang Fei. He and Zhang Fei were of the same age and they hit it off right away. This kind of relationship was very rare for him.

Even though his identity is now exposed, he still hopes to continue to maintain this relationship.

"Thank you, Your Majesty."

It was not the first time that Zhang Fei sat across from Zhao Xu. He smiled and sat down opposite Zhao Xu. He looked around and said, "This seems to be my first time as a guest at your Majesty's house."

...

...

Being a guest? Zhao Xu liked this idea very much and laughed: "I have wanted to invite you for a long time, but I just haven't found the opportunity."

While they were talking, the palace maid beside them had already poured them a glass of wine.

Zhao Xu raised his glass and said, "Congratulations on winning this lawsuit."

"Thank you very much! Thank you very much!"

Zhang Fei quickly raised his glass to greet him.

After drinking it all in one gulp, Zhao Xu put down his wine glass and said with a feeling of unfulfilled desire, "At first, when Fan Sijian suddenly asked Wang Xueshi to testify in the court, I was really scared and broke out in a cold sweat. Fortunately, you remained calm in the face of the sudden change, and on the contrary, you made it difficult for Fan Sijian and his men to perform. It was really refreshing!"

Zhang Fei wanted to eat some food to cool down the drunkenness, but when he heard the emperor's question, he quickly said, "To be honest with you, Your Majesty, this is actually much better than I thought. It's even easier than the last lawsuit based on our ancestors' laws."

"Yeah?"

Zhao Xu was surprised.

Zhang Fei nodded and said, "Last time, it was the jurors who questioned me, so my status was not equal, so I was more cautious. This time, at least I have an equal relationship with Fan Sijian. On this basis, the difference between Wang Daxueshi testifying or not is just whether he loses very embarrassingly or slightly embarrassingly."

Zhao Xu smiled and said, "So no matter what, he will lose."

Zhang Fei nodded and said, "Because they are just being unreasonable. Unless they use those despicable means, they will never win."

Zhao Xu nodded and said, "Regarding Fang Yun's case, I have already sent people to secretly investigate, but the other party has also done a very thorough job, and no clues have been found yet. However, I have sent people to secretly protect Fang Yun, so you don't have to worry too much about this."

Zhang Fei quickly clasped his fists and said, "Thank you, Your Majesty."

Zhao Xu smiled and said, "I didn't expect you to be such a loyal person. In fact, Fang Yun only saved your life, and you helped her clear the charges. This is already a way to repay her for saving your life."

Zhang Fei smiled bitterly and said, "It would be great if matters of friendship could also be calculated to arrive at results."

"That makes sense." Zhao Xu smiled and nodded, and then said, "It's really strange, every time I listen to you argue a case, I always benefit a lot, even better than those ministers' debates."

Zhang Fei pondered for a moment and said, "This may be because those ministers are just the opposite in Your Majesty's court, so Your Majesty feels different."

"A moral judgment based on success or failure?"

When Zhao Xu first heard this, he felt that it made no sense, but after thinking about it carefully, he felt that it made some sense, so he asked, "What do you mean?"

Zhang Fei replied: "Because the law is derived from morality and is the bottom line of morality. Many times, some immoral things are not illegal, but illegal things must have a moral side. Therefore, when the law is used to fight, morality becomes naked.

And going to court is a pure struggle for interests. We are not trying to convince the other party or explore the truth, but to use the weapon of law to subdue the other party. It is like two armies fighting each other. There is only victory and defeat, but what is ultimately defended is morality. "

Zhao Xu pondered for a while, nodded and smiled, "Your explanation is refreshing. I toast you again."

"This is my toast to His Majesty."

"Same."

Drink it.

Zhao Xu continued, "Earlier in the court, you said that the two government regulations will be supervised by the judiciary. In my opinion, they will definitely pay attention to the study of litigation and try to use the law to stop Wang Xueshi's reform. Can you guarantee that you will always win?"

Zhang Fei was startled, hesitated for a while, and shook his head: "No."

Zhao Xu raised his arms to the table, leaned forward, and asked, "What should I do?"

"This..." Zhang Fei seemed a little conflicted. He was so absorbed in the lawsuit that he forgot about the emperor. It was all Fan Chunren's fault. He interrogated me and disrupted my rhythm. This was bad.

Zhao Xu saw that he was confused and smiled slightly: "As for this issue, I can only talk to you. I hope you can tell me everything you know.

What he wanted to ask was actually very simple: Can the judiciary restrict me? As an emperor, if I have to rely on you, a mere ear, to promulgate policies, my imperial power would be greatly weakened!

Fan Chunren's words just now caught his attention.

This emperor wanted to follow the Legalist line. What he pursued was not the law of impartiality, but respecting the emperor and humble the ministers. This is a very important political idea of ​​the Legalists.

Centralization strengthens power.

But at present, this Legalist thinks differently from Zhao Xu. If the lawsuit continues in this way, he will also be subject to judicial supervision.

"yes!"

Zhang Fei nodded and dealt with it, thinking, if I don't make this issue clear, I'm afraid he won't be determined to go on. Anyway, I'm just a nobody now, without any power, he just needs to listen to what I say, and it won't have any impact on him. If I become an official in the future, I may never be able to say these words.

After weighing the pros and cons for a while, Zhang Fei nodded and said, "If you lose, you have to admit it."

Zhao Xu frowned slightly. This was not what he wanted.

Zhang Fei then added: "If you don't recognize it, your country will be destroyed."

Zhao Xu was shocked again: "What do you mean?"

Zhang Fei asked: "Your Majesty, do you know why Qin rose and fell?"

Zhao Xu hesitated for a moment and said, "Rise because of the law, fall because of the law?"

The demise of a country definitely does not have just one reason. Usually, to answer this question, one must consider the context. He was not answering Zhang Fei, but guessing what Zhang Fei wanted to say.

Zhang Fei shook his head and said, "To be precise, Qin rose because it did not favor the rich, but it also fell because it respected the emperor and humbled the ministers. This is why all dynasties that respected legalism never lasted long."

Destroyed by respecting the king and despising the people?

This seemed to be a direct message to Zhao Xu not to follow the Legalist path.

But this is obviously contradictory to Zhang Fei's previous views.

Zhang Fei had previously emphasized that if one wanted to enrich the country and strengthen the military, the only way was to follow the Legalists.

Zhao Xu asked, "What does this mean?"

Zhang Fei replied: "If the law defends the last bottom line of morality, then the monarch defends the last bottom line of the law. Once the monarch breaks the law, the country will perish.

Because the constraints of the law on the monarch are actually the smallest. Ordinary people break the law mostly for money, beauty, or even power, but all of these are easily available to the monarch. Generally speaking, it is very difficult for the monarch to break the law.

Unless he forcibly abducts women and sends people to plunder the people's property, how can such a monarch not destroy the country? Throughout the dynasties, whenever a country began to weaken, it was because the monarch broke the law. There has never been a phenomenon where the law was destroyed but the country survived. "

Zhao Xu shook his head when he heard this: "You only know one thing, but not the other. My every move is under their surveillance, but I may be completely unaware of their actions. How can you say that you have the least control over me?"

Zhang Fei smiled.

Zhao Xu asked: "Isn't my answer sincere enough?"

What I mean is that I hope you can talk to me openly and honestly. I can't say this to anyone else.

Zhang Fei scratched his head and said unclearly: "If the monarch is subject to judicial supervision, do they still need to keep an eye on the monarch's every move?"

Zhao Xu fell silent immediately.

The Censors are indeed annoying sometimes, but the problem is that the emperor is not subject to judicial constraints. If there is no one watching him, the emperor can do whatever he wants.

If the emperor is punished the same as common people when breaking the law, and the judiciary is independent, then the censors can indeed be dispensed with, and Kaifeng Prefecture will be enough.

After a long silence, Zhao Xu continued, "That being said, if I lose this lawsuit, does that mean I have to give up my reforms?"

In fact, what he wanted to ask was exactly what Zhang Fei had just answered, whether the judiciary would override the imperial power.

Zhang Fei said: "If it is as I said, this lawsuit should not exist, because your majesty has the power to set up the two government regulations department, which is completely in line with the court rules. They took the two government regulations department to court by relying on their power."

Zhao Xu shook his head and said, "You don't understand what I mean."

Zhang Fei was about to vomit, "Your Majesty did not understand what I meant."

Zhao Xu was surprised and asked, "What do you mean?"

Zhang Fei said: "As I just said, the monarch is the last line of defense of the country's laws. In other words, the law actually has the least constraints on your majesty, followed by your ministers, and the greatest constraints on the people.

But the law is like a rope that binds everyone, and the tightness is uniform. Therefore, when the rope is tightened on Your Majesty by one point, the ministers will be tightened by five points, and the people will be tightened by ten points. Your Majesty's previous concerns were based on tightening yourself by one point. In this case, this lawsuit would not exist. "

This lawsuit, after all, was caused by a power struggle and was not entirely based on justice.

Zhao Xu pondered for a while and asked, "How do you determine that if you tighten the restrictions on the monarch by one point, the restrictions on the ministers will be tightened by five points?"

Zhang Fei said: "If a spy dares to sue the monarch and succeeds, then if he sues the prime minister, no one will dare to say a word. On the contrary, if a spy sues the prime minister, it does not mean that he can sue the monarch. From a legal point of view, the monarch has the most judicial immunity."

Zhao Xu retorted: "I have not violated the law, but many officials have violated the law. What do you think of this?"

Zhang Fei hesitated for a moment and said, "Your Majesty, do you understand the taxes imposed on merchants?"

Zhao Xu nodded: "Of course I understand."

Zhang Fei asked again: "Your Majesty, do you know that many officials are taking advantage of this situation?"

Zhao Xu nodded slightly.

Zhang Fei asked: "Why doesn't the court care?"

Zhao Xu remained silent.

Zhang Fei said: "The court wants to increase fiscal revenue, but at the same time is unwilling to spend too much on rewards. How is this different from robbery? But if Your Majesty restrains himself and does not want to take this illegal income, this phenomenon will inevitably be reduced on a large scale."

Zhao Xu sighed, "I don't want to either, but the current fiscal revenue is not enough to cover the expenditure."

Zhang Fei said: "If Your Majesty takes the lead in robbing, the consequences are certain. The past dynasties have already told us the ending. This is just a vicious cycle! The phenomenon of over-taxation occurs based on a loosening of the policy.

In fact, your majesty has gained much more than any of them, but their gains combined may be more than your majesty, or at least about the same. It can be seen that the looser the constraints on your majesty, the more you will lose, and in the end, your country will be destroyed and your family will be ruined. "

Combined with current events, Zhao Xu understood immediately. His face became hot. He picked up the wine glass, took a big sip, and sighed, "I know what you mean, but how easy is this?"

Zhang Fei smiled and said, "In fact, both roads are difficult to travel. Otherwise, why did we only have one Emperor Taizong of Tang after so many years? But this is at least a way to survive, while that road must be a dead end."

Zhao Xu asked: "But respecting the emperor and humble the ministers is the idea of ​​the Legalists."

Zhang Fei pondered for a moment before saying, "Although Emperor Wu of Han respected Confucianism alone, he actually combined Confucianism with Legalism. He did not abandon many of the Legalist ideas. This is because if Legalism were combined with respecting the monarch and humble ministers, it would definitely be a dead end. All countries that did this, without exception, perished as a result."

Zhao Xu was puzzled and asked, "Why? This is what Han Feizi, the founder of the Legalist school, advocated."

This was an extremely important reason why he supported the Legalists, which was to uphold the imperial power. Wang Anshi's reforms also incorporated this idea, which was also an important reason why Zhao Xu supported Wang Anshi.

Without the exercise of imperial power, it would be impossible to expand the territory externally or to carry out reforms internally.

Zhang Fei laughed and said, "So Han Feizi lost completely!"

Zhao Xu said: "But the Great Qin......!"

He wanted to say that the Qin Dynasty won, but the Qin Dynasty perished in the second generation, which seemed unconvincing.

Zhang Fei said: "The core idea of ​​Legalism is that the law should not favor the rich and the law should not bend. Only in this way can the country be governed effectively. But this is obviously in sharp conflict with respecting the monarch and humble ministers. The two are incompatible. Therefore, we need to introduce the Confucian idea of ​​monarch-monarch and minister-minister and integrate it with the Legalist idea, because monarch-monarch and minister-minister are relatively milder."

The Confucian concept of "ruler-ruler, minister-minister" does not mean completely respecting the monarch, but rather using morality to restrict the monarch, meaning that a monarch should act like a monarch, and a minister should act like a minister.

This is why when ministers dissuade the emperor, they often use Yao, Shun and Taizong as examples. In fact, this is the idea. What kind of monarch should be like? This requires setting an example.

Respecting the king and humbleing the ministers is simple and crude. I am the only one who reigns supreme in the universe.

But this does not mean that we are back to the old ways. The combination of Confucianism and Legalism cannot bring about any changes.

Zhao Xu was very confused after hearing this.

Zhang Fei continued, "The reason why I support Your Majesty in taking the Legalist path is because the country is currently facing internal and external troubles, and only by using force can we turn the tide."

Zhao Xu was completely confused. "Isn't this also contradictory?"

Zhang Fei shook his head and said, "If Your Majesty makes choices in moderation, then all contradictions can be used to Your Majesty's advantage."

Zhao Xu asked: "How can we choose in moderation?"

Zhang Fei said: "It's very simple, that is, to give some power to the judiciary. Throughout the dynasties, many people believed that if there were less constraints on the imperial power, the monarch would naturally benefit.

But in fact, it is just the opposite. The more restraint the imperial power has, the more the monarch benefits, because the monarch can use this one point of restraint to exchange for five points of restraint from the ministers. Although everyone becomes weaker, the ministers lose more, and the imperial power will naturally be extended. "

Zhao Xu frowned and asked, "Give it judicial power?"

Zhang Fei said: "Your Majesty can understand that if it is handed over to the country, this part of the power handed over will become public power."

"Public power? The state?"

"Yes."

Zhang Fei nodded and said, "But as long as the degree of public power is properly grasped, the power of the monarch can be upheld."

"What do you mean?" Zhao Xu asked.

Zhang Fei explained: "Because from a purely legal point of view, the monarch has both legislative power and legal interpretation power. Even if the judiciary has some constraints on the monarch, the monarch can still achieve all the goals he wants to achieve, and he will be subject to fewer restrictions.

For example, in the lawsuit about the establishment of the Regulations Office of the Two Prefectures, if everyone only abides by the law, Your Majesty only needs to change the name, and you will be invincible, and the other party will be the one who does not abide by the law.

Therefore, when it comes to this matter, Fan Sijian and others often talk about morality rather than legal principles.

If that doesn't work, Your Majesty can add a few more judges to the case. The ancestral law can give many interpretations, and each interpretation is reasonable. Your Majesty can obtain the interpretation you want through legal means."

After hearing this, Zhao Xu fell into deep thought.

Zhang Fei's theory did open a door for him.

In the past, the relationship between the emperor and his subjects was a zero-sum game. Everyone was thinking about increasing their power, but no one had ever thought about reducing power together.

As long as you lose more than me, the gap between us will become bigger, and the imperial power will naturally be expanded. Then what we need to consider is how much power should be put in the cage, which is most beneficial to the monarch.

.