Many people feel their scalps tingling when reading ancient laws. Whether it was the Qin Dynasty or the Song Dynasty, there were all kinds of tortures. From this point of view, the so-called benevolent government is definitely tyranny.

But from a professional perspective, there is actually no absolute relationship between the two.

Because the ancient legal thought is "law is punishment", the end point of all laws is punishment. If you only have hanging, then what will happen is that as long as you commit a crime, you will be hanged, even if you just pushed someone.

Without punishment, there is no law.

Therefore, in ancient times, many punishments were set up to deal with various crimes.

Based on the principle that law is punishment, there is nothing wrong with this logic. As long as it is changed to a fine, whether it is more or less, isn't it normal?

However, punishment is the state punishing an individual, it is a relationship between two parties, and often does not include a third party, that is, the victim. Although some officials will take care of the victims, such as Xu Zun, there is no personal interest in the Song Dynasty's criminal code, only national interests.

This is definitely the method of the Legalists.

The tax law belongs to the Song Dynasty's Criminal Code, and it definitely belongs to the Legalist law. According to Zhang Fei's theory, it is impossible for the legal system law to exist in the Legalist law.

On the one hand, the students suddenly realized that the problems that had troubled them for so many days did not actually exist.

...

...

Because there is no law of rule of law, extortion and extortion have nothing to do with the law of rule of law.

That also explains why there are countless examples of extortion and heavy taxation since ancient times, because it is possible to do so.

But on the other hand, everyone thinks that extortion is wrong. The Song Dynasty Criminal Code is the basis for extortion, so the Song Dynasty Criminal Code becomes the culprit. Does that mean that legal system can prevent extortion?

For a moment, everyone was very confused.

Wang Anshi chuckled twice: "I am really ashamed of myself for being so eloquent as this boy."

Lu Gong whispered, "Why did Jiefu say that?"

Wang Anshi said, "Isn't he just boasting about his legal system?"

Lu Gong suddenly understood.

"That's outrageous."

Yan Fu suddenly said, "Are you saying that our dynasty is governed by the Legalist school?"

Zhang Fei hurriedly explained: "I am referring only to the Song Dynasty's criminal code, not the policy of governing the country."

"Song Xingtong......!"

Yan Fu was about to retort when Fu Bi suddenly said, "As far as law is concerned, Legalists and Confucians are roughly the same. For example, Xunzi and Dong Zhongshu both believed that 'evil will inevitably lead to chaos, so when establishing rituals, punishment must be used.'"

Yan Fu retorted: "Legalists believe that human nature is evil, and that there are only two policies: rewards and punishments. However, Confucians believe that people with saintly nature are role models for the world, and that neutral people have both good and evil, so they use virtue to support their good and use punishment to prevent their evil. As for villains, they are punished with severe punishments to punish their evil."

Seeing Yan Fu fussing and glaring, Fu Bi hurriedly explained: "Confucianism and law are naturally very different. I am only talking about law relative to the legal system."

When it comes to the law of the legal system, Confucianism and Legalism seem to have something in common.

Yan Fu snorted, "What kind of legal system is this? How can a young boy understand how difficult it is to rule the world?"

Fu Bi did not argue. He was really tired of the dispute between Confucianism and Legalism. He was now focused on the law of the legal system.

Ye Zuqia suddenly asked: "According to what you said, the law of the Legalists makes extortion and plunder legal, so the law of the legal system can prevent extortion and plunder?"

Xu Zhiqian also looked at Zhang Fei expectantly.

She originally came here to find the secret of this class, but as soon as she sat down, she immediately entered the role of a student.

Zhang Fei thought about it, shook his head and said, "I don't know. I haven't experienced the law of the rule of law. If you ask me, who should I ask?"

He cannot show that he has seen it all, he has to show that he is an explorer.

this....

Everyone was speechless.

So what are you talking about?

Zhang Fei said: "But we can deduce it and see if we can prevent excessive taxation."

Everyone was looking at Zhang Fei eagerly, including geniuses like Fu Bi and Wang Anshi. In fact, they had no idea about this.

Zhang Fei thought about it for a while, then suddenly picked up a charcoal pencil and wrote a line of words on the wooden board.

Cai Bian read out curiously: "Officials have political laws, and the people follow private contracts."

"right!"

Zhang Fei nodded, tapped the wooden board lightly, and asked, "What does this sentence mean?"

Cai Bian replied: "The government has its own systems and laws, and the people have their own rules of interaction. The two are unrelated."

"That's what it means literally, but..." Zhang Fei asked again, "Why is it like this?"

Cai Bian blinked, "It has been like this since ancient times. Every country has its own laws, and every family has its own rules. Or, in other words, the government can't control it."

"No! No!"

Zhang Fei shook his head and said, "In my opinion, the real reason is that the people don't want to go to the government, so they set up a set of rules in private. It has nothing to do with politics and law. I remember when I went to Kaifeng Prefecture to file a complaint, then-Prefect Lu asked me this question. He thought I was a fool for going to Kaifeng Prefecture for no reason. Other families may not have been there once in three generations."

Lu Gong was here, thinking of those years, and still had regrets. He snorted, "Do you think this is glorious?"

"Don't blame me, Prime Minister Ji. I just opened my mouth for Hu. Besides," Zhang Fei coughed, "I just want to explain one point, which is why the people are unwilling to go to the government? Because the people are afraid of the government, right?"

Everyone nodded.

Of course!

Is it okay not to be afraid?

Zhang Fei asked again: "But why are you afraid?"

Cai Jing said: "Because you might be punished."

"correct!"

Zhang Fei nodded and said, "What we said just now is that in the Song Dynasty Criminal Code, the final result of all laws and regulations is punishment. The result of the people suing the officials is either punishment or no punishment. No matter whether he is the defendant or the plaintiff, if he encounters a wise official, he may punish the perpetrator, but if he encounters a foolish official, he may punish himself.

Based on this, under what circumstances would ordinary people be likely to sue officials? "

Cai Bian said uncertainly: "Hatred."

"Not bad!" Zhang Fei nodded with a smile, and said, "Be more confident when answering questions next time."

After hearing this, Cai Bian lowered his head in shame.

When I took your class, I lost all my self-esteem, not to mention my confidence.

Zhang Fei continued, "The people know that the government can only satisfy one of their demands, and that is revenge. Only when the people need revenge will they sue the government. It is hatred that gives them the courage, and it is clear that they are still risking being punished. But if it is just a small dispute, will they still sue the government? Of course not, they will just let it go even if they suffer a little loss."

This explanation made Zhao Xu, Fu Bi, Xu Zun, Wang Anshi and others' eyes light up.

It’s so unique!

It is a fact that common people are reluctant to sue officials, and everyone knows it, but they have never thought of explaining this from the text of the Song Dynasty Criminal Code.

I also felt that what Zhang Fei said made a lot of sense.

The government only has the power to punish. So when you go to the government, there are only two outcomes: either you are punished, or he is punished.

If your parents are killed or your wife is raped, you have to go to court even if you have to be punished. But if it is just a small dispute over money, who would be willing to go? It is too dangerous!

Ye Zuqia asked: "This is also to establish the authority of the government, isn't it?"

Zhang Fei nodded and said, "I didn't say anything wrong. The law of the Legalists is all about authority!"

Ye Zuqia was speechless for a moment.

They all knew that Zhang Fei was talking about the Legalist method, but in fact he was talking about the Confucian method.

This cannot be discussed further.

Zhang Fei continued, "You should know that we are not discussing right or wrong, but discussing the law of the rule of law. From the point of view that the people are unwilling to sue the officials, Song Xingtong does not have the concept of defending the legitimate rights and interests of individuals. If you are defending my personal rights, then why don't I dare to go, right?"

Everyone nodded thoughtfully.

Punishment is an eternal consequence, so how can we talk about defending the legitimate rights and interests of individuals?

Zhang Fei added: "Let's clarify this point. Let's assume that the Song Dynasty Criminal Code is based on the rule of law and is to protect the legitimate rights and interests of individuals, rather than just punishing them. Then, will the saying that officials have political laws and people follow private contracts still exist?"

Everyone shook their heads slightly.

Not sure.

This concept is so shocking that it is difficult for ordinary people to accept it, except for geniuses like Wang Anshi and Fu Bi.

Zhao Xu simply kept silent. He was not considering the issue of his imperial power at the moment. He just came to listen to the lecture, which was much more interesting than Wang Anshi's lectures.

"This is just an inference. The exact result may not be obtained. For example, clan law and patriarchal law may still exist. But..."

Zhang Fei said: "People will definitely be more willing to go to the government to resolve disputes. The result I get is not punishment, but compensation for my losses and my personal legitimate rights and interests. Even if someone owes me a few cents and doesn't pay it back, as long as it is higher than the litigation fees and travel expenses, then I will sue. What am I afraid of? Even if I fail, that's it.

In the end, the people who follow the private contract or the strong ones have the upper hand. I believe everyone knows this. However, no matter how strong a person is, he cannot be stronger than the government. The government is absolutely capable of seeking justice for me.

Then the question arises again, why should the government defend your legitimate rights and interests? "

Shangguan Jun said: "Isn't this natural?"

"Of course not."

Zhang Fei snorted: "Who told you that this is a matter of course?"

Shangguan Jun said: "Nowadays, if you encounter theft, you can also report it to the authorities. Isn't this natural?"

Many people nodded.

Zhang Fei said depressedly: "Are you listening to the class?"

“I…I…”

Shangguan Jun opened his mouth, not daring to answer. He really didn't know where he was wrong, but he didn't dare to question Zhang Fei for fear of being insulted by Zhang Fei.

The others didn't dare to interrupt, as what he said was very right and there was nothing wrong with it!

Zhang Fei sighed and said, "I just said it very clearly. The current Song Dynasty criminal code is the law of the Legalists. The law of the Legalists is to protect the interests of the country and the monarch. Officials can only be officials because they are blessed by the emperor. So, if he doesn't deal with it, why would the emperor want him to do it? He must deal with it. This is not a matter of course.

Then again, there is a difference between the law of the legal system and the law of the legalists. In addition to the interests of the country and the monarch, we must also defend the legitimate rights and interests of individuals. So does this also require a reasonable reason? Otherwise, is the government doing so much in vain? "

It seems to make sense.

To protect the interests of the government, the official position is a reward from the government. What reason can you come up with to defend the personal interests of the people? The officials have nothing to ask of the people!

The students looked at each other and no one answered.

"Collecting taxes?" Fu Bi finally couldn't help but speak.

He knew that Zhang Fei was waiting for them to say this, but the students always couldn't make sense, and he became very anxious watching this.

"Taxes?"

Zhang Fei glanced at Fu Bi and thought for a while, "Let's reason and see if this can be used as a reason."

This kid is really cautious.

Fu Bi smiled.

Zhang Fei said seriously: "Let's go back to the concept of the rule of law, a consensus to defend the legitimate rights and interests of individuals. Take stealing for example. Does the saint think that stealing is wrong, so it is illegal?"

Everyone shook their heads.

"If so, it is not a consensus."

Zhang Fei smiled and nodded, then continued: "Before the law came into being, how did people prevent theft at night?"

Cai Jing said thoughtfully: "For example, in some villages, each household sends one person to patrol at night in turns. I believe it was the same in ancient times."

Zhang Fei asked again: "How is the cost of weapons calculated? How is the cost of torches calculated?"

Cai Jing replied: "Maybe everyone can pool some money together."

"Are these two similar to taxes?" Zhang Fei asked.

Cai Jing suddenly realized and nodded.

Zhang Fei said: "From this point of view, the tax can indeed be used as a reason to enforce the rule of law. If this is true, what will happen if you don't pay the tax?"

Cai Jing said: "If that's the case, the government doesn't have to protect your rights."

Zhang Fei asked: "Do you pay taxes?"

Cai Jing nodded awkwardly.

Does he dare to say no?

The government is here.

Zhang Fei said: "Of course you have to pay. If you don't pay taxes, your land will be taken away by others, and there may be no one to help you. Now let's compare the laws of the Legalists and the laws of the legal system."

As he spoke, he came to the wooden board and wrote “Law of Legalism” and “Law of the Legal System”, “The law of Legalism is just to protect the interests of the monarch and the country, and to collect taxes based on authority or ability.

Therefore, people are also trying all kinds of ways to evade taxes. After all, everyone relies on their own abilities.

Then under the rule of law, there is an exchange relationship. I pay taxes to you, and when I need it, you defend my rights. Obligations come first, and rights come second. Without obligations, there is no talk of rights.

This explains why tax law, when based on the law of legalism, has nothing to do with individual rights and interests, because there is no relationship between the two, while law based on the rule of law is closely related to individual rights and interests.

Then the question arises again, as far as the monarch and the country are concerned, which of these two methods is better or worse? "

Ye Zuqia said: "Of course it is still the method of the Legalists."

"Why?"

"Because the Legalist law is mainly to defend the rights and interests of the monarch and the country."

“That seems to be the case.”

Zhang Fei nodded and suddenly asked, "But now, if you don't pay taxes, and your parents are killed, and you go to the government to sue, will the government really ignore you?"

Ye Zuqia thought about it and said, "I will take care of it then."

Zhang Fei smiled and nodded: "They will still take care of it, because national interests and personal interests are closely related, but now the government will not tell you this. If you don't pay taxes, the government will have no money, and they will not be able to take care of many things. They will only tell you what punishment you will get if you don't pay taxes.

Therefore, in the eyes of the people, there is only authority, but no reward. But the problem is that you have actually done most of the work, but the people just don't know it. So now which one do you think is better or worse?"

"The law of the law."

"It just seems so." Zhang Fei said.

Ye Zuqia asked again: "What about extortion? Does the law of the legal system allow extortion?"

"What do you think?" Zhang Fei asked.

Cai Bian shook his head and said, "It should not be allowed."

Zhang Fei asked: "Why?"

Cai Bian said: "According to what you just said, under the law of the Legalists, it is legal to collect any amount of tax, just because it protects the interests of the monarch and the country. However, the law of the legal system takes into account personal rights and interests. Therefore, under the law of the legal system, the tax law must fully consider personal rights and interests, and naturally there will be no arbitrary collection and extortion."

"You said it better than I thought."

Zhang Fei nodded with satisfaction.

Cai Bian was almost crying. If he remembered correctly, this was the first time Teacher Zhang praised him.

It’s not easy!

The other students also looked at him with envy, as if this boy had passed the imperial examination.

Xu Zhiqian saw it and couldn't help laughing. Is it necessary to get so excited just because he praised you?

Zhang Fei added: "Besides this, there are several other minor reasons that may prevent extortion. First of all, the main reason for extortion is that the country is poor and needs money.

Take our dynasty for example. The cost of tax collection in our dynasty is extremely huge. Now the court is trying every means to save the cost of tax collection. If everyone believes that paying taxes is to defend their own rights and interests, this part of the cost can be saved a lot.

Moreover, as more people pay taxes, the tax revenue will increase, and the chance of financial problems will decrease.

Furthermore, when the people have this awareness, when they encounter special situations such as foreign enemies, they may be willing to bear higher taxes, because they will have this awareness, which is also to protect themselves. "

Wang Anshi suddenly laughed and said, "You are just daydreaming. Even if it is a legal system, some powerful people will not pay taxes honestly."

Zhang Fei said: "Based on the rule of law, they will definitely try every possible way to avoid paying taxes. This is understandable."

Wang Anshi asked, "Why?"

Zhang Fei said: "According to what we have just discussed, under the rule of law, paying taxes is a manifestation of the people defending their legitimate rights and interests. They have this need, and those gentry and powerful people do not need the government or the court. They can protect themselves and they can even be self-reliant..."

Zhao Xu asked with a smile: "Why do you want to establish yourself?"

"Uh...nothing?" Zhang Fei smiled awkwardly and looked at Wang Anshi depressedly.

Wang Anshi suddenly understood and slapped his thigh: "Now that you explain it, I completely understand. This trip is worthwhile, it is really worthwhile!"

Many people present shuddered immediately. If you say so, not paying taxes is equivalent to having the ability to rebel. What kind of legal system is this? This is a way to cheat people!