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 653 Bankruptcy Act

Before Zhang Fei explained, the precedent only said that the imperial court had the right to ask the government for compensation, but at the moment, it was enough to cause great controversy. Fortunately, the finances of Hezhong Prefecture were very good, otherwise Zhang Fei would not have been able to obtain this right of interpretation and would have been fired directly.

However, after the explanation, officials discovered that this was actually a bottomless pit, and they even had to go through a debt restructuring. In fact, this debt restructuring was just a packaging of the bankruptcy bill.

The essence is bankruptcy, but Zhang Fei did not dare to say so. When he was writing about debt lawsuit case, he wrote it as debt restructuring, but that only applied to the people. He never thought that it also applied to the government.

This really caused a huge uproar!

Good job!

Compensation is not enough, there must be a debt restructuring. If you know this is the result, there will probably be no dispute.

Back then, when Fan Zhongyan proposed to reduce the number of officials, he was scolded by officials to the point of doubting his life and was directly expelled from the central government.

That’s Fan Zhongyan!

Whether in terms of status or fame, Zhang Fei cannot compare to him.

However, Zhang Fei was even more ruthless than Fan Zhongyan. What he said seemed to mean abolishing the government directly.

...

...

subversion!

This really subverts these officials' usual perception of the government.

It’s okay to do this to the people, but if you do this to the government, you’re going to hell!

According to the current understanding of government economy, if the government is really short of money, and it is not due to corruption or bribery, then it can justifiably increase taxes on the people. Even Sima Guang and Bao Zheng would agree with it, because no one should suffer but the government.

If the government is gone, the world will be gone.

It has always been like this!

Therefore, even Wang Anshi and Sima Guang were sweating profusely, because they only knew that Zhang Fei was going to cut officials, but they did not know the specific content.

However, Zhang Fei's words were even more terrifying than simply laying off officials. They directly dug out the roots. If the government was gone, the officials would naturally be gone.

If both of them were like this, how could the officials under them bear it? They started scolding without saying anything, without even trying to make sense.

What the hell is this plane?

MD!

Could it be that the imperial court is run by your family?

In fact, if this happened under normal circumstances, everyone would probably think that this was a delusional person who told a lie and would just laugh it off.

Because it sounds outrageous.

Impossible.

But this is the Legislative Assembly, and every word Zhang Fei says may become law. The key is that the emperor is sitting right next to him. What if the emperor has a screw loose in his head and really does this? That would be disastrous.

We must immediately, immediately and promptly let the emperor see our determination. If you do this, we will all go our separate ways.

Some people even called Zhang Fei a traitor on the spot.

If this government is gone, can the country still survive?

Do you understand what feudal totalitarianism is?

If you don't understand, stop talking nonsense here.

Faced with the endless abuse, Zhang Fei sat down at the table, drank a sip of tea, and read the copy very carefully. He missed his comrade Xu Zhiqian very much. In the past, he could still chat with Xu Zhiqian at times like this, but unfortunately he was fighting alone today.

In fact, he had long been accustomed to this kind of scene. He had been scolded by everyone every time he went to court. He just wasn't used to the feeling of Xu Zhiqian not being around when he was being scolded.

After a while, the cursing gradually became quieter.

After all, the emperor is still sitting here. If he doesn't speak, who would dare to take Zhang Fei down?

But Zhao Xu remained silent, as if telling everyone, I just came to take a look.

This made everyone even more panicked. What was the emperor thinking? Why didn't he say anything?

Finally, it was Fu Bi who stood up and took charge of the situation. He said that Zhang Fei was only there to explain, and whether it would work or not would depend on the final decision of the Legislative Council, so everyone should just be patient.

When everyone saw that the emperor didn't say anything and Zhang Fei was drinking tea there, no one took it seriously. This made them feel like they were just throwing money around and cursing.

Boring!

So, after everyone was thirsty, they gradually quieted down.

Fu Bi also gave Zhang Fei a weak look, implying that you can continue.

There really is a feeling of tiredness in that look!

After receiving Fu Bi's instructions, Zhang Fei stood up.

Immediately, there was another round of booing.

The emperor really had to be sitting next to them, otherwise they would have overturned the stage, and the meeting would have definitely not been able to continue, and Zhang Fei would not have been able to continue speaking.

Zhang Fei seemed helpless. He could neither sit nor stand. He could only wait until everyone booed him until he could only exhale but not inhale. Then he slowly said, "I really didn't expect that everyone would have such a big opinion on Confucianism."

Many people were stunned. Are you deaf? We just criticized Confucianism. Could it be that Zhang Fei is called "Confucianism"?

"What are you talking about? When did we have a problem with Confucianism? We had a problem with your legal system. What you are saying is just nonsense. It makes no sense."

Meng Gansheng took the opportunity to start angrily scolding him.

“But that’s Confucianism.”

Zhang Fei shrugged slightly and said, "As I just said, the rule of law is the best way to implement Confucianism. As a result of compulsory execution, the final result is that the soldiers will get the compensation they deserve, and the soldiers who stay will get full military pay, and their combat effectiveness will naturally increase. At the same time, the government can reduce its burden while ensuring basic operations. It does not alleviate the crisis by increasing taxes or increasing the burden on the people, and the interests of the people are also protected.

For the monarch, in such an extremely bad situation, he was able to maintain the stability of a state and reduce the burden on the court. This undoubtedly protected the monarch's rights and interests. If a state was in a civil uprising or a mutiny, the monarch and the people would be the biggest victims. "

"Stop spreading lies and misleading people!"

"You traitor, you might be a spy sent by the Liao Kingdom, intent on destroying the century-old foundation of the Song Dynasty."

They are no longer reasonable, so just scold them, and the scolding should be very harsh, throwing all kinds of dirty water at them.

The emperor remained indifferent and even picked up the teacup and took a sip.

The Liao Kingdom can afford to hire Zhang Dar's pen? Who are you looking down on? Zhang Fei smiled and nodded, "I completely understand why you want to scold me and why you want to question this point of view, but I will explain it later. I hope you will be patient."

Just be patient?

We have lost our strength in scolding you. If you have the guts, just wait and see. We will make sure you can’t utter a single word.

Everyone looked at him angrily.

You have to know that there are only officials here, but no ordinary people watching. Zhang Fei is actually in the enemy camp, and his base is completely isolated.

But Zhang Fei remained calm and said calmly: "No matter what, it can be seen that in this extremely bad situation, the rule of law can still protect the basic rights and interests of the monarch, the country, and the people. Then who are the victims? Obviously, it is everyone present, that is, the officials, so everyone scolds me, that is all right, but isn't this the best solution of Confucianism?"

Even Sima Guang wondered, “How can this be the best solution for Confucianism?”

After being fooled by Zhang Fei, Guang felt that the sage books he had read had been wasted.

Zhang Fei smiled and said, "Because the benevolent government of Confucianism is to persuade the monarch to treat the people well and to impose light taxes and levies, but there is no sentence in it that says that the rights and interests of officials should be given priority. What's wrong with enforcing the law in this way?"

".!"

Everyone was dumbfounded. It turns out that in Confucianism, we are the fish meat? Who the hell are you fooling?

But if you think about it carefully, there is really no such thing in the Confucian concept of benevolent government.

But Wen Yanbo and the others all knew that Zhang Fei was just playing a trick. Since the ministers were in charge of both planning and execution, did their rights need to be clearly stated?

A minister cannot kill himself.

At this time, Su Shi suddenly said: "The law of the legal system is to protect the legitimate rights and interests of everyone. Are officials not human beings?"

Everyone nodded.

Finally found a breakthrough.

They almost suffered internal injuries just now.

Zhang Fei smiled and said: "The law of the legal system is of course to protect the legitimate rights and interests of officials. If the government owes officials salaries, officials can also sue, but the court has the right to lay off officials, which is the court's legitimate power.

It's like the police, procuratorate and courts can help a bartender get his wages back, but they can't force the owner to employ him for life.

Moreover, if it comes to what I said, that is, debt restructuring, it will be the officials’ own fault, and no one else can be blamed.”

When this was said, the officials could not help but look grim. We have brought this upon ourselves? How dare you say this? You are bleeding us to subsidize the monarch and the people.

Wen Yanbo couldn't help but frown and asked, "What do you mean?"

Zhang Fei said: "It has come to this. If the debt continues to rise, or if it continues to increase, it will either be a mutiny or a civil uprising. Isn't this enough to prove that this is the incompetence of the officials?"

An official hid in the back and shouted: "What do you know, kid? Many things are ordered by the higher-ups, and local officials are helpless."

This is a reference to the emperor. It is the emperor who wants money!

The others glanced at Zhao Xu, and seeing that he didn't look at them, they quickly nodded.

That's how it is.

Zhang Fei said: "I have heard this sentence many times in Hezhong Prefecture. My advice to them is to tell the emperor the truth and ask for someone else to do it. I don't believe that the court will force you to complete it after you have said so.

I heard that some county magistrates in Jingdong East Road said they were unable to implement the Qingmiao Law, so the court immediately removed them. But you can't do it and refuse to leave. Can you still blame the court?

In addition, the emperor and the court will also have to pay a price, because the court's tax revenue will inevitably decrease, and debt restructuring does not mean completely abolishing the government. The court still has to allocate money to maintain the most basic operation of the government.

This is something no one wants to encounter, but in such an extremely bad situation, if you don't do that, the country will continue to decay until it perishes. Doing so will only be a temporary pain, but it can reduce the burden and lighten the load. At the same time, the country's most basic stability will not be destroyed, but the government may not be able to build palaces as much as it wants.

But the legal system does not protect the magnificent palace, but the most fundamental rights and interests of the monarch, the country, and the people. "

Everyone's eyes turned to Zhao Xu.

His words seem to be intended to limit the imperial power. Won't you kill him?

But Zhao Xu still had a blank expression on his face, as if he was thinking about something.

In fact, Zhang Fei had already mentioned the "cage of power" to him. If you put a little bit in, they will put in double the amount, and the imperial power will become even greater.

In terms of benefits, if I build one less palace and can reduce the number of officials, that would be a great deal.

Zhao Xu would definitely not hesitate.

The key point is that he has no plans to build a palace for the time being!

This deal is definitely done.

When the officials saw that the emperor didn't say anything, they thought, why are we still scolding him? Let's go to the Chuigong Hall to talk.

Zhang Fei had no intention of paying attention to what Zhao Xu was thinking, because the two of them had already discussed it. He continued, "From this, it can be seen that the consideration of the overall situation that everyone talks about now is just a cover-up, which is to allow the country to continue to decay. In simple terms, after I die, I don't care about the flood."

After hearing this, many officials opened their eyes in anger.

Slander!

This is really a blatant slander!

However, many officials remained silent, especially the prime ministers, because they believed that this was the fact and everyone was just dragging their feet.

It's very simple. The solution to these three redundancy problems is very simple, which is to save money. But why can't we do it?

However, the emperor is very anxious now, so Wang Anshi will be reused.

Many officials believed that this was the reason why the emperor remained silent. Although some of Zhang Fei’s words seemed extremely treasonous, his final conclusion hit the mark of the emperor’s heart.

Zhang Fei added: "The legal approach may seem reckless, but it is actually for the sake of the overall situation, because in this process, the basic stability of a country is guaranteed, and the people will not revolt, and the soldiers will not mutiny. As for the officials, we can only blame them for their lack of ability.

The success of Master Yuan in Hezhong Prefecture has already demonstrated this point. In fact, through policy adjustments, things would not have developed to this point. Therefore, Hezhong Prefecture has not reached the point of debt restructuring. So the debt restructuring I mentioned is not a must, but a last resort. "

Zhao Yan and Lu Gong nodded slightly at them.

In this way, everyone can actually understand that if things get to that point, even under the previous system, officials would have to be punished. It's just that Zhang Fei is more radical. He did not arrest people and hold them accountable, but instead fired all officials. The core is not punishment, but debt repayment and finance.

Zhang Fei added: "This is also a major drawback of Confucian law, that is, the lack of execution. Here I am referring to Confucian law, not Confucian thought. The law of the legal system will make up for this shortcoming."

Fu Bi asked, "Where did you get this from?"

Zhang Fei replied: "As I said just now, Confucianism is only for ministers to face the monarch, and it should be so. This is the duty of ministers. But the problem is that once the monarch adopts it, the executor is still the minister. In this way, two problems will arise.

First, most ministers would only suggest that the monarch go down from (1) to (0), and would never go up from (1) to (2). Because the executors are also ministers, who would make it more difficult for themselves? Even if the prime minister wants to do so, the officials below would not agree.

This time, Zhao Xu nodded repeatedly without any hesitation, thinking to himself, this is a very accurate statement, very accurate!

Wen Yanbo shook his head and said, "I don't agree with this. If the ministers can't do it, and still suggest that the emperor do it, how is this different from bringing disaster to the country and the people?"

Wang Anshi couldn't help but glance at Wen Yanbo. Is he hinting at me?

Zhang Fei nodded and said, "Duke Wen is right, and this is my second point. Under Confucianism, the emperor is very likely to listen to slander and it is difficult to distinguish between loyalty and treachery.

According to the current system, generally speaking, the emperor first proposes a goal, the prime minister designs a plan for it, and finally the officials below implement it to achieve this goal.

If the emperor proposed an impossible goal, the upright ministers would certainly dissuade him, while the opportunistic and treacherous villains would say that they could help the emperor achieve this goal. As a result, the emperor might listen to the villains.

If you look through the history books, you will find that many treacherous ministers rose to power by relying on this. But whether this was the emperor's fault or not, I think it needs to be analyzed in detail. If the emperor simply satisfied his own selfish desires and ignored the financial crisis, built palaces, or did something else, then of course the emperor was also at fault, and this is what the history books record as a tyrant.

But if the emperor wants to work hard to govern the country, expand the territory, and create lasting achievements, then this cannot be said to be the emperor's fault."

After hearing this, Wen Yanbo couldn't help but sigh: "This kid is really unprecedented in his flattery!"

Sima Guang and Lu Gongzhe on the side were smiling and shaking their heads. They had already witnessed the Ayun case before.

This was actually very unpleasant for the emperor to hear. Since you said so, I will not build palaces in the future.

But all the ministers present knew that the little emperor would certainly love to hear it.

Zhao Xu's goal was to work hard to govern the country and expand the territory, but his proposal encountered great obstacles and he now urgently needed theoretical support.

Zhang Fei said: "Let's assume that the emperor wants to expand the territory, but the finances are temporarily insufficient to support it. Then upright and capable ministers will improve the finances without raising taxes and help the emperor expand the territory.

But such ministers are rare in five hundred years, such as Xiao He and Fang Xuanling. Currently, Wang Xueshi of our dynasty is also following this path, but it has not yet been proven. "

Wang Anshi's solemn expression was like a blooming snow lotus. He immediately smiled and nodded generously.

Just now he thought that Zhang Fei and Wen Yanbo's remarks were a mockery of him, because he came to power at this critical point.

Now that Zhang Fei said this, he was putting himself on the same level as Xiao He and Fang Xuanling, which was completely correct.

But it immediately caused many people to sneer at it.

Xiao He and Fang Xuanling are nothing like you. Instead, Li Linfu and you, Wang Jiefu, have something in common.

Zhang Fei was happy to see Wang Anshi, so he continued, "In fact, most upright ministers are in the second category, that is, they advise the emperor not to be too eager for success, but to rest and recuperate, and then make great achievements."

Sima Guang, Wen Yanbo, and Fu Bi all nodded in agreement, as if voluntarily admitting that we are the second type.

That's what they're saying.

Zhang Fei added: "Because the first type is really hard to come by, most people are the second type. However, treacherous ministers are born in the second type. When all upright ministers say they can't do it, he says he can do it.

As a monarch, he must still hope to expand his territory, so he may employ treacherous ministers. However, history books have told us that the means of these treacherous ministers are actually to do everything they can to exploit the people, collect money, and then go to war.

In the end, loyalty and treachery can only be determined by the results. Perhaps we will not know that he is a treacherous minister until the country is destroyed. This is a problem with Confucianism. The sages have actually thought of this, but they cannot do it.

It is because the benevolent government of Confucianism only allows ministers to advise the monarch to govern the country with benevolence, treat the people well, and impose light taxes and levies, but these are all grants and rewards, rather than a system to protect the rights and interests of the people.

If the emperor is surrounded by upright ministers, this can be maintained, but if not, it means that the rights and interests of the people will not be protected. "

After these words, the atmosphere in the meeting hall became less violent and more thoughtful.

In fact, people like Sima Guang who read history books have always been thinking about how to prevent treacherous officials from coming to power.

But there is no answer yet.

Zhang Fei’s explanation of this issue is indeed eye-opening.

Is benevolent government a gift or a system?

For the emperor, it seems that the gift can obviously better extend the imperial power. I can treat the people well or not. How cool is that. But after Zhang Fei's explanation, this is the emperor's rights and interests, so it should be protected, which requires a system.

What Zhang Fei said meant that Confucianism regards benevolent government as a gift from the emperor, which is a major drawback of Confucianism.

Zhang Fei continued, "The idea of ​​the legal system is to protect the basic rights of all people, which is actually to safeguard the interests of the monarch and the country. If you can help the emperor achieve his goals on this basis, then you are not a treacherous minister, but a capable minister, no matter what means you use.

On the contrary, those who intend to destroy the law and system to accomplish their goals are treacherous ministers. History books have proven this. Treacherous ministers often satisfy the emperor, causing the emperor to lose the country. The law of the system will make these treacherous ministers nowhere to hide, and they don't have to pay the price of losing the country to prove whether they are loyal or treacherous.

The key is that the emperor can also get a very accurate feedback, and will not be deceived by treacherous ministers. Whether he can do it or not is just a matter of ability, not loyalty or treachery. "

Zhao Xu smiled slightly and was very moved by this explanation. If this was the case, he could let go and do it.

"Well said!"

Sima Guang suddenly spoke, and then immediately glanced at Wang Anshi.

Sima Guang was also very professional in irritating Wang Anshi.

Wang Anshi immediately became angry and said, "What are you looking at me for? I am clearly the first type of minister, but I have not yet proved it."

Zhang Fei pretended not to see it and continued, "This precedent is obviously more beneficial than harmful to the country. It will not only effectively help the monarch to work hard to govern the country, but also allow capable officials like Yuan Xueshi to shine. More importantly, it can make the country more prosperous."

Zhao Xu, who had been silent the whole time, asked, "What do you mean, Judge Zhang?"

My attitude is clear. My goal is to make our country strong and prosperous. If you can't do it, don't blame me for believing this guy.

Zhang Fei explained: "This has to start with what Sima Xueshi said. The wealth and goods created by heaven and earth are limited to this number. If they are not in the private sector, then they are in the government! Do the officials think this is reasonable?"

This is a good question. Sima Guang silently gave Zhang Fei a thumbs up and secretly looked at Zhao Xu.

Zhao Xu hesitated for a moment, then nodded and said, "That makes sense."

Zhang Fei asked again: "Mr. Wang said that those who enrich their families contribute to the country, those who enrich their country contribute to the world, and if you want to enrich the world, you should contribute to heaven and earth. The conclusion is that if the people do not increase taxes, the country will have abundant resources. Do you think this makes sense?"

Zhao Xu nodded and said, "That makes sense."

Zhang Fei smiled and said, "If you have to choose one of the two, it's probably like having your cake and eating it too."

Zhao Xu nodded vigorously and said, "You know how painful it is for me."

Zhang Fei said: "But the law of the rule of law can achieve both."

Zhao Xu was surprised and asked, "Are you serious?"

Sima Guang and Wang Anshi also looked at Zhang Fei curiously.

What is the relationship between the law of the legal system and these two sentences?

Zhang Fei explained: "In my opinion, what Sima Xueshi said is about the present, not the future. The increase or decrease of a country's wealth cannot be changed overnight. At this moment, it is 'only this much', which means that it is not in the public sector, but in the private sector."

This made Sima Guang, the original creator, stunned. Is this what I meant?

It can be seen that he has never seen the Internet. What you want to express is not important at all. What is important is how most people understand it.

Zhang Fei added: "The law of the legal system is precisely to protect this sentence, that is, to protect the basic rights and interests of the public and the people."

Zhao Xu nodded, "That makes sense!"

Sima Guang said this to prevent the government from plundering the people's wealth, and the legal system can indeed provide a guarantee.

Zhang Fei said: "What Wang Xueshi said is not wrong, but it is about the future, not the present. This will take time, and the law of the legal system also guarantees this statement, which can give him time to prove whether the people can be exempted from additional taxes while the country has abundant funds, because the law of the legal system ensures that the new policy cannot arbitrarily increase taxes, and this case is the best proof."

Wang Anshi was amused when he heard this, "This brat is really good at talking."

Su Shi, with a sour look on his face, nodded frequently. He and Su Zhe agreed with this point very much. This was also the reason why they joined the public security, procuratorial and judicial organs. They opposed Wang Anshi because they believed that Wang Anshi was lying. He could not do what was stipulated in the regulations. After all this time, he would definitely find ways to exploit the people and move all the wealth of the people to the public.

The public security, procuratorial and judicial departments were precisely there to prevent Wang Anshi from doing so, forcing him to "use the resources of heaven and earth to enrich the world" so that the people would not be taxed more and the country would have ample funds.

Zhang Fei said: "Ordinary people still hope to get better and better. Of course, the emperor also hopes that the country will become more prosperous and powerful. This is human nature and it is also the emperor's destiny."

Zhao Xu smiled and nodded, "Great! Great! Judge Zhang's words really helped me clear up my confusion."

"You are too kind, sir."

Zhang Fei bowed and said, “It can be seen that the law of the system can not only ensure the balance of public and private wealth, but also satisfy the emperor’s vision for the future and boldly employ people.

This precedent in particular can keep mediocre officials and treacherous ministers out of the door, because it reduces the opportunities for them to take advantage of loopholes, preventing them from exploiting the people at will and deceiving the emperor. It allows capable officials to show their abilities in front of the emperor.

From this point of view, the law of the rule of law is not to harm the rights and interests of all officials, but to harm the rights and interests of mediocre officials, while at the same time defending the rights and interests of upright and talented officials. "

After these words, there was silence in the venue.

Whoever opposes is a mediocre official?

You really know how to talk!

The reformists, such as Wang Anshi and Zeng Bu, who were capable officials, thought that it sounded pretty good. Isn't this the idea of ​​us reformists?

The funny thing is that conservative officials also think that this is also our philosophy, to ensure that private wealth does not flow into the public sphere.

However, most of the opposition are depressed. What you are doing is a bit too much!

Are we being sold?

How outrageous!

“It is evident from this.”

Zhang Fei suddenly returned to the table. "My ruling in Hezhong Prefecture thoroughly implements the concept of the rule of law. It is by no means an exception, or it varies from person to person. Even in the worst case, as long as we adhere to the concept of the rule of law, we can still protect the basic rights and interests of all parties. Therefore, I very much hope that the Legislative Council will pass my ruling."

Fu Bi, who was listening attentively, suddenly raised his head and looked at Zhang Fei, "Boy, that's not right! You just patted your butt and left after you finished speaking. All the pressure is on me."

At this time, Zhang Fei happened to look at Fu Bi, "Mr. Fu, I'm done."

Fu Bi saw a hint of revenge in his eyes and cursed inwardly, saying that this little Erbi was really vindictive.

(End of this chapter)