Judge of the Song Dynasty

It was 1068, Year 1 of the Xining era. Emperor Zhao Xu had recently ascended the throne of the Song dynasty. The widely respected old-guard of civil officials, Ouyang Xiu, Han Qi, and Fu Bi, were i...

Chapter 388: Big and Small Law

"From the lower ninth rank, from the upper ninth rank, the lower ninth rank, the upper ninth rank, from the lower eighth rank......!"

"What are you doing?"

After seeing Lan Yuanzhen off, Xu Zhiqian saw Zhang Fei standing in front of the door, counting on his fingers and mumbling something in his mouth, and couldn't help but ask out of curiosity.

Zhang Fei glanced at her and said depressedly, "I'm trying to figure out what kind of setting it is to be able to jump six levels in a row, and it's only from the ninth rank to the eighth rank."

Xu Zhiqian rolled her eyes at him immediately, "Just be content. You may be the youngest doctor in the Imperial College. Generally, if an assistant wants to get a doctorate, he has to wait until he is at least 40 years old, and you... only took four classes. What else do you want?"

Zhang Fei said unhappily: "Isn't he still a teacher?"

"Not much better than an ear pen."

Xu Zhiqian snorted and continued, "Although I have no power, this is an affirmation of your knowledge. With this reputation, you won't have too many obstacles when you get promoted in the future, and no one will use this to attack you. After all, you didn't get promoted through the imperial examination."

"That's true."

Zhang Fei nodded, as if he understood the intention of Zhao Xu's arrangement, and shook his official robe again: "Has the color of this official robe changed?"

...

...

Xu Zhiqian said: "Almost the same, but the color is a little darker."

Zhang Fei looked down and said, "If it's deeper, it will be even uglier."

Xu Zhiqian said disdainfully: "How can you, a grown man, indulge in beauty?"

"Why are you standing here?"

I saw Xu Zun coming back from outside.

"Father-in-law."

“Daddy!”

Xu Zhiqian walked over excitedly and said happily: "Zhang San got promoted."

Xu Zun was stunned for a moment, "Promotion?"

Xu Zhiqian nodded repeatedly: "Just now the government sent a nobleman to our house to convey the imperial decree to promote Zhang San to the position of Doctor of Law of the Imperial Academy."

"Doctor of Law?"

Xu Zun was slightly startled, and then he looked at Zhang San again, and said with a happy smile: "Zhang San, if nothing unexpected happens, you should be the youngest doctor in my Song Dynasty."

But I was mumbling in my heart, it seems the government has already made up its mind.

Xu Zhiqian said: "Dad doesn't know, he is not very satisfied yet."

Xu Zun asked curiously, "Why are you not satisfied?"

"because....!""

"Because compared to this doctorate, I want to marry Zhiqian as soon as possible."

Zhang Fei spoke first.

Xu Zhiqian was startled when she heard this, and her cheeks flushed. She stamped her feet and said, "We were talking about your promotion, why are you talking about that again?"

Zhang Fei said, "If you want to exchange this youngest doctor for the official who got married the latest, I would rather not have either. It's too shabby."

Xu Zun nodded slightly: "Indeed! In fact, you are all not young anymore, especially you, Zhang San, but......!"

He paused for a moment and said, "Where are your parents?"

"My...my parents...?" Zhang Fei was startled and blinked. "I...I asked someone to inquire, but...but there is no news yet. Will this...will it affect my marriage with Zhiqian?"

Xu Zhiqian also thought of Zhang Fei's parents and whispered, "Why don't we try to find your uncle and aunt first?"

How to find it? Invent a time tunnel?

Zhang Fei was hesitant to speak. He couldn't just say that it was impossible to find it.

Xu Zun glanced at Zhang Fei, stroked his beard, and made a decision: "When Zhiqian's brother comes back, we will arrange the marriage as soon as possible, but we must keep it low-key and not make it too public."

Zhang Fei reacted immediately and hurriedly bowed and said, "Thank you, father-in-law."

According to this etiquette, if one's parents die, one has to observe mourning and is not allowed to get married during this period. But if there is no confirmation, then of course it is possible and it can be treated as a special case.

Xu Zun was also worried that if there was really bad news, it would take a long time to spread. But the problem was that Zhang Fei had already become a Doctor of Law, and the existing doctors in the Imperial College even had grandchildren. If Zhang Fei had not yet started a family, this would be very inappropriate in a feudal society. However, he could not say this out loud.

Xu Zun suddenly asked, "By the way, according to your legal system, how should this marriage be calculated?"

"ah?"

Zhang Fei was dumbfounded.

"Come on, let's go in and have a good chat."

Wow... No way, I finally finish the class and then I have to give extra lessons to my parents when I get home, this...!

Zhang Fei would really rather Xu Zun talk to him about the betrothal gift.

Exploit me...don't make me talk about the law of the rule of law.

But how is this possible!

As soon as the class was over, Zhao Xu immediately promoted Zhang Fei to Doctor of Law of the Imperial Academy. This was to show an attitude to the outside world that both I and the Empress Dowager very much approve of this legal system, so you should stop playing word games against Zhang Fei.

It really doesn't mean anything.

Now that we have confirmed this legal system, we must put it into practice.

Zhao Xu was a pure man of action.

The next day, he held an important meeting in Chuigong Hall.

All the ministers of state participated.

When the prime ministers arrived at the hall and saw that everyone was there, they knew what was going on.

Zhao Xu did not mince words and went straight to the point: "Earlier, Lord Fu proposed to revise the Song Dynasty Criminal Code based on the concept of legal system. I asked you to consider it carefully. What do you think?"

Fu Bi is wronged!

Wasn't it you who brought it up at that time?

I just agree with it.

Zhao Yan said very cautiously: "Your Majesty, I still think that revising the Song Dynasty Criminal Code is a serious matter and needs to be carefully considered."

Zeng Gongliang, Wen Yanbo and Sima Guang all nodded slightly at the same time.

They all felt that this was a bit too hasty.

According to previous views, to amend the "Song Dynasty Criminal Code" is to change the laws of our ancestors.

Wang Anshi could not stand their hesitant character, which ultimately led to nothing being accomplished. He immediately stood up and said, "Your Majesty, I think Prime Minister Zhao is right. The Song Dynasty Criminal Code cannot be easily amended. I suggest that the Secretariat amend the law and then promulgate it by Your Majesty's decree."

He absolutely supports the amendment of the law. Although it may impose some restrictions on his new policies, it will provide him with great support in legal theory. In comparison, those restrictions are nothing. The key is that they cannot restrict anything. One is a government decree and the other is a law, which are not the same thing.

Sima Guang and Wen Yanbo immediately looked at Wang Anshi with contempt.

Decrees, decrees, can’t this problem be resolved?

If the law is amended by imperial decree, doesn't it mean that the emperor has the final say?

They won't agree to this.

They all attached great importance to the law and were very wary of imperial power.

Therefore, they often rejected Zhao Xu's edicts.

Zhao Yan said, "Mr. Fu made it very clear last time that there are many contradictions between the Law of the Legal System and the Song Dynasty Criminal Code. If an imperial decree is issued, how will these contradictions be resolved?"

Wang Anshi said: "Of course, the amnesty order comes first."

Zhao Yan snorted, "How can this work? If there are two interpretations of the same law, the world will be in chaos."

Zhao Xu nodded slightly, then looked at Fu Bi, "What is your plan, Lord Fu?"

Fu Bi said: "The law of the legal system is not a law, but a legislative thought. I have never suggested to amend the law by imperial decree. If we want to amend the law, we still have to revise the Song Dynasty Criminal Code. It is just that detailed legislative rules must be formulated. Once they are determined, they cannot be easily changed, otherwise the law will lose its authority."

Zhao Xu asked again: "I wonder what Mr. Fu thinks?"

Fu Bi said: "I think we can invite famous people from all over the world to revise the law. In this way, we can ensure the authority of the law and gain the recognition of the people of the world."

Wen Yanbo and Zeng Gongliang nodded slightly.

The celebrities must be masters of Confucianism, and they all strictly abide by etiquette. Now the biggest concern everyone has about this law is whether the law of the legal system will marginalize etiquette. If these celebrities are allowed to revise it, everyone will feel relieved.

Except the emperor.

God knows what kind of shit you guys will come up with.

Zhao Xu pondered in silence.

Wang Anshi was also Zhao Xu's confidant. He saw what Zhao Xu was worried about and said, "Zhang San made it very clear in class that the concept of the rule of law is to protect personal interests, which involves a lot of conflicts of interest. The famous people in the world are indifferent to fame and fortune, or are ashamed to talk about it. I'm afraid it's not appropriate."

Sima Guang immediately retorted: "This refers to legitimate rights and interests, which are aboveboard. How can you be ashamed to speak of them?"

Wang Anshi chuckled, "But the interests that the people care about most are often those petty gains, which are the interests that those celebrities despise. I am afraid that the laws that are passed in the end will not be to protect the legitimate rights and interests of individuals, but to distribute profits based on morality."

Fu Bi asked, "What do you think, Mr. Wang?"

Wang Anshi said: "I think the law can be divided into major and minor laws. The major laws govern the Three Principles and Five Constant Virtues and are to be revised by the Secretariat, while the minor laws govern the interests of the people and are to be revised by the Regulations Office of the Two Governments."

Yesterday's class made Wang Anshi very excited, because he also had many dissatisfactions with rites and laws, which seriously hindered his reform. If he followed the principle of "virtue is the main thing and law is the auxiliary", there would be a chance to weaken rites and laws.

He wanted to take over the work himself and cooperate with his new policies.

You are dreaming. Sima Guang was amused and asked with a smile: "Can you handle it?"

Wang Anshi laughed and said, "The more capable you are, the more work you will do."

Sima Guang was almost having a physiological reaction, and he didn't care that the emperor was here, "Hey, Wang Jiefu, do you know the word shame?"

Wang Anshi said: "I only know that as a subject, I have to share the worries of the emperor."

Sima Guang said: "I can help you with your worries, but I must do it within my ability."

"Don't argue anymore, both of you."

Zhao Xu saw that the two of them had started arguing again, so he hurriedly stopped them, glanced around, and after thinking for a moment, he said, "I think what Lord Fu and Scholar Wang said makes sense.

Legislation is a national affair that concerns everyone, and the court must treat it with caution, solemnity and seriousness.

But I don't quite agree with inviting famous people to revise the law. The person who revises the law not only needs sufficient legal knowledge, but also rich experience in adjudicating cases. Fame has little to do with it."

Fu Bi suggested this just to reduce obstacles, and asked, "What does Your Majesty mean?"

Zhao Xu pretended to be silent and said, "It just so happens that officials in our dynasty are rotated every three years. Why not arrange for a group of judicial officials from all over the country to come to Beijing during the rotation and form a legislative council with the ministers in the court to specifically legislate."

Legislative Council?

Everyone's eyes lit up.

But we immediately realized that the emperor was guarding against us!

If organized in this way, the legislature will be a fluid organization with different members each time, and the prime minister will not be able to control this power.

The emperor definitely has the upper hand.

But this is also completely in line with the laws of our ancestors.

Be prepared for events and control the twists and turns.

It’s not that they cannot accept it, as long as the emperor doesn’t have the final say.

Wang Anshi asked, "Wouldn't this be too complicated?"

He thought that the court was already seriously overstaffed and the situation was so complicated. He thought it would be difficult to succeed, so he might as well leave it to me.

Zhao Xu said: "Isn't it on the way?"

On the way?

Wang Anshi was dumbfounded.

Why does this sound like Zhang Fei's tone?

Wen Yanbo suddenly asked, "So, this law needs to be revised every three years?"

Fu Bi also frowned slightly. He had originally planned to revise it only once.

This reminded Wang Anshi, and he immediately changed his tone, "I think your majesty's policy is very good. The situation in each place is different. If judicial officials from different places come to revise the law, they can find the right remedy for the different problems in different places.

As for the revision every three years, this is even more true. Once a law is promulgated, it may not necessarily solve the problem. It must be continuously improved based on the problem. "

Sima Guang said, "How can this be possible? If different places promulgate different laws, it doesn't matter to farmers, but what about merchants? When they move from one state to another, do they have to learn the laws all over again?"

Fu Bi said, "The problems Wang Jiefu mentioned are different in different places. Most of them are in the rural laws. However, if we really put the public security, procuratorial and judicial organs in the rural areas, our government will not be able to afford it. Therefore, I think that even if we want to amend the law, we should limit it to those prosperous towns and leave the rural areas alone for the time being. This way, we can ensure the uniformity of the law."

Zhao Xu nodded and said, "Mr. Fu is really thoughtful."

He had no choice. Without money, he couldn't move forward.

Wang Anshi smiled and said, "After the new policy is implemented, Mr. Fu will not have to worry about financial problems."

Fu Bi laughed twice and said, "But the law cannot be changed frequently. If it is revised every three years, it will affect the authority of the law."

Wang Anshi said: "We can distinguish between major and minor laws. Major laws are not often revised. It can be stipulated that they should be revised once every ten years, and the highest judicial officials of each prefecture should form a legislative council. Minor laws should be revised once every three years, and they should be revised by lower-level judicial officials."

When it comes to reform, his mind works quicker than anyone else's.

Fu Bi nodded slightly and said, "That's feasible."

Wen Yanbo also nodded and said, "The court is now making arrangements so that legislation can be carried out roughly every three years."

You, old man, have too many little thoughts.

Zhao Xu was not fooled. Three years later, the opportunity was gone. He waved his hand and said, "There is no need to wait three years. The judicial officials who return to Beijing this year will be the first legislature next year."

Wen Yanbo said: "Not many judicial officials returned to Beijing this year."

In fact, he had no idea, but he still wanted to slow down and not be so anxious.

There is a new policy and judicial reform over there, and here there is a legislative reform. All these things are happening at the same time.

Zhao Xu said: "They don't understand the law of the system either. This time, we will use students who take the imperial examination to make up for it. By the way, the imperial examination is also held every three years, and these candidates come from all over the country. Why not let these candidates who take the imperial examination also join the Legislative Council?"

Zeng Gongliang was surprised and said, "Your Majesty, legislation is a national matter. How can we allow those candidates to participate?"

Zhao Xu said: "Of course I won't give priority to them, but I also want to hear their suggestions. After all, most of the candidates are very young, full of vigor and vitality. Compared with those judicial officials, they are less tactful. Their suggestions may be able to help the court."

Wang Anshi's eyes lit up, and he immediately said, "Your Majesty is wise. I strongly support allowing candidates to join the Legislative Council."

Fu Bi hesitated for a moment, then bowed and said, "I agree, too."