Noon time.
Imperial College.
Two assistant teachers in their fifties had just returned to the Imperial College after having dinner outside, and found that the Imperial College was already surrounded by three layers of soldiers inside and outside, with swords and guns shining brightly, and no one could get in or out.
There were seven or eight servants in the yard, cleaning hurriedly.
One of them immediately asked, "Is it Zhang San's class again today?"
"Yeah! It's true. It looks like the officials will come here to attend the class again."
"The emperor and his ministers come here every day to listen to a little kid's lectures. Has the government of our dynasty become so idle?"
"If it weren't for this, how could Zhang San dare to be so arrogant? He has been in the Imperial College for some time. Has he ever visited us? Every time, he would come here just before class and leave after class."
"This kind of person is not worthy of being a teacher."
While they were talking, they passed by the largest classroom in the middle and saw two old men sitting inside. They were all shocked and looked at each other, then quickly stopped talking and hurried past.
...
...
The two old men were Fu Bi and Wen Yanbo.
You have to know that there was still some time before class, and the two prime ministers had come so early to reserve seats. Even Su Shi was not so diligent when he went to the brothel.
this.......
"Mr. Fu seems to have recovered. This is really a cause for celebration."
Wen Yanbo stroked his beard and laughed, with a playful gleam in his eyes.
Fu Bi couldn't help but blush, nodded and said: "I admit that the reason why I stayed indoors before was indeed because I didn't agree with Wang Jiefu's new law."
Wen Yanbo asked, "If that's the case, why didn't Lord Fu come out and dissuade the emperor?"
Fu Bi sighed helplessly, "During the Qingli New Deal, I also hated Xia Song and others, and often quarreled with them. Now Wang Jiefu wants to reform. If I stand up and oppose, wouldn't I be doing the same thing as the people I once hated? As the saying goes, don't do to others what you don't want others to do to you. This is not what a gentleman does."
At this point, he glanced at Wen Yanbo and said, "This is not what the government wants."
Wen Yanbo nodded slightly, and then said: "However, Mr. Fu seems to have a special liking for this law of the rule of law, and is more active in class than the students."
He had originally planned to come later, but when he was eating outside, he saw Fu Bi rushing over here, so he followed him.
Fu Bi nodded and smiled, "I don't deny that. Zhang San's legal system is really fascinating. I have recently read ancient and modern books, and apart from Yang Zhu's words, there is no other thought similar to it. This makes me think deeply, why is it so."
Wen Yanbo said: "The law of the rule of law is a kind of thought for the people, and doesn't Confucianism also advocate benevolent government and love for the people?"
Fu Bi said: "Water can carry a boat, but it can also capsize it. What is protected is the boat, not the water. Therefore, when encountering a tyrant or a tyrant, Confucianism is often powerless."
Wen Yanbo asked: "Can the law of the rule of law do this?"
Fu Bi shook his head and said, "I have no idea yet. Let's see what he says in this class. In the last class, although Zhang San explained the relationship between the law of the legal system, Confucian law, and the law of the legal system, he did not explain clearly what legitimate rights and interests are? And how to defend them? Does not paying taxes count as defending personal legitimate rights and interests? Does the state's excessive taxation count as an infringement of personal rights and interests? If so, what should be done?"
Wen Yanbo frowned and said, "I have thought about this, but can this be explained clearly?"
Fu Bi said, "Let's see what he says today."
As he was talking, he suddenly heard a commotion outside, and Wen Yanbo said, "It looks like the emperor is here."
When the two of them went out to take a look, as expected, they saw Zhao Xu, Wang Anshi, Sima Guang, Lu Gongzhe and others chatting as they walked towards them.
Although the logical relationship between the three laws was clearly explained in class, Zhang Fei did not give a clear explanation of the most important "legitimate rights and interests".
Stealing, robbing and killing are crimes. This is indeed a consensus. It is not something that some saint thought up, but it was formed naturally. It is indeed easy to understand using this explanation.
However, the country’s problems are often not caused by these consensuses. Most of these are just individual cases, and no dynasty has ever perished because of these problems.
Moreover, when Zhang Fei explained the laws of Legalism and Confucianism, he talked about the interests of the people, but when he talked about the laws of the legal system, he avoided these issues.
As everyone discussed and thought, they all realized that the essence of the law of the legal system had not been explained clearly.
Everyone was looking forward to this class very much, and they all arrived early, and then...then they just did the same as before, waiting for Zhang Fei blankly.
Of course, Zhang Fei was the last to arrive as usual. He just wanted to make sure that he would not be late. If you guys arrived early, you couldn't blame anyone else.
But when he saw Zhao Xu, he was still very terrified and said, "I am guilty of keeping Your Majesty waiting for so long. Please forgive me."
Everyone looked at him with contempt.
Why don't you come earlier?
Are you busier than the emperor?
Zhao Xu waved his hand and said, "Forget it, I'm used to it."
Zhang Fei smiled awkwardly and said, "Thank you, Your Majesty, for your forgiveness."
Zhao Xu waved his hand again and said, "Go and give your lecture."
Suddenly there was a commotion.
"Where did this woman come from?"
Everyone looked up.
I saw Xu Zhiqian standing in front of the door trembling with fear.
Xu Zun couldn't help but glare at her angrily.
He had warned Xu Zhiqian several times that she must not come to this occasion because there were only old masters here.
But this time Xu Zhiqian insisted on coming along, because every time he was in class, the prime minister would run home, but the lessons didn't sound very profound, and she also wanted to know what the class was all about.
As expected, this immediately caused many old masters to glare at him angrily.
We are all men here. It's disrespectful for a girl like you to run here.
Haven’t you noticed that all the brothels were located next door, not inside the Imperial College?
Zhang Fei quickly went up to the podium and coughed: "Today's content may be too much, so this class may be delayed. The Imperial College did not provide us with a special assistant, so I specially asked Madam Xu to come over and make tea for me to quench my thirst. Is everyone okay with that?"
"Thank you for your hard work, teacher."
The students said in unison.
If you are willing to talk more, we have no objection to what you do, but we are afraid that you will end the get out of class halfway through.
No one dares to say no.
If you don’t allow it, you will be dismissed from get out of class if you have dry mouth.
"Thank you for your understanding."
Zhang Fei bowed repeatedly.
Li Si and Long Wu carried a small tea table and placed it in the corner, and put a small brazier on it. Xu Zhiqian lowered her head and hurried over, and started to get busy like a maid.
As Zhang Fei came to the podium, no one paid attention to her anymore, and everyone's eyes were focused on Zhang Fei.
Beauty?
In the face of the law of the rule of law, beauty is nothing.
In this classroom, the most charming person is undoubtedly Zhang Fei, although they are all men.
Zhang Fei stood on the podium and opened his little notebook to take a look. He raised his head and said, "In the last class, we have clearly explained the relationship and difference between the law of the legal system, the law of Confucianism, and the law of Legalism, and why everyone should take the law of Legalism as a warning, because under the law of Legalism, there is no law of the legal system. In this class, let's analyze some specific cases."
"teacher!"
Cai Bian suddenly spoke.
Zhang Fei glanced at him, "What?"
Cai Bian asked nervously, "Actually...actually we still have some questions that we haven't figured out in the last class."
Zhang Fei's complaints have left them with a shadow without them noticing.
They even drew lots privately as to who should raise this question, and in the end the person they drew was Cai Bian.
Zhang Fei frowned when he heard this.
Cai Bian was immediately panicked. "I am a dull student, please forgive me, teacher."
They are now beginning to doubt themselves. They really don't know whether Zhang Fei has explained this or whether they are stupid and unable to understand.
Zhang Fei asked: "What's the problem?"
Cai Bian immediately said, "It's about legitimate rights and interests. In the last class, the teacher said that when Confucianism meets the law of the legal system, the law of the legal system should be given priority. However, since ancient times, the contradictions between the court and the people have often appeared over taxation. If we follow the teacher's words, in many cases, such as excessive taxation, people's refusal to pay taxes should also be regarded as defending their legitimate rights and interests."
This one dropped a bombshell right at the start.
Everyone looked at Zhang Fei expectantly. This question had been bothering them over the past few days.
How does the law of the legal system explain tax issues?
This is the root of the contradiction!
Zhang Fei came to the side of the podium again, leaned against it, crossed his arms, and made his signature move. After pondering for a while, he suddenly said, "To clarify this issue, I think we should first discuss whether there is a legal system in our dynasty?"
Everyone was stunned at first, then nodded.
"Um?"
Zhang Fei looked at them.
Everyone shook their heads uncertainly.
Zhang Fei said dissatisfiedly: "What are you doing? Does it exist or not? We have talked so much in the previous two classes, can't you even tell this?"
Shangguan Jun suddenly said: "Of course it exists."
Zhang Fei asked: "For example."
Shangguan Jun said: "Regarding this point, the teacher has already said it in the first class. Crimes such as stealing, robbery and murder are all a consensus among people to defend their legitimate personal rights and interests. They belong to the law of the legal system. These crimes are also included in the Song Dynasty Criminal Code."
The others also nodded and said, of course it exists, why are you asking this.
Zhang Fei asked with a smile: "Have you read the Song Dynasty Criminal Code?"
Shangguan Jun immediately said, "I have read it."
Zhang Fei asked again: "Do you remember some general rules about the law of robbers and thieves?"
Shangguan Jun said shyly: "Students can recite the entire text."
"Is it true?" Zhang Fei asked in surprise.
“Really…really.”
Shangguan Jun said with a red face.
Zhang Fei nodded and said, "You are really amazing. I can't even memorize the first page."
Everyone was surprised when this was said.
You are a law teacher, and you can’t even memorize the first page?
Cai Jing flattered: "Teacher, you are too modest."
Zhang Fei shook his head and said, "There is no modesty. You can read books about lawsuits, why should I memorize them?"
Everyone suddenly understood.
No wonder this guy brings more documents than anyone else when he goes to court. Turns out he has a bad memory!
"Let's not talk about this for now." Zhang Fei coughed and said to Shangguan Jun, "Okay, let me test you. How do you judge someone who steals more than three pieces of cloth?"
"Death penalty." Shangguan Jun replied.
Zhang Fei nodded and said, "And then?"
Shangguan Jun was surprised and asked, "What then?"
Zhang Fei asked: "Are there any other punishments?"
Shangguan Jun was stunned for a moment and said, "This has already been sentenced to death, is there any other punishment required?"
Zhang Fei asked again: "Do you think it is reasonable?"
Shangguan Jun replied cautiously: "The criminal code of our Song Dynasty is mostly inherited from the Tang Dynasty code. If we follow the Tang code, the sentence is determined by whether the person is caned or not and how much dirt he has committed. However, since there are too many thieves in our dynasty, the punishment is heavier. However, many officials still take this into consideration when judging cases."
Cai Jing immediately said, "My Lord is wise and issued an amnesty last year to pardon some crimes related to the thief lawsuit."
In fact, at the beginning of the Song Dynasty, the country still adopted the method of severe punishment to rule the country. However, starting from Emperor Zhenzong, the ministers in the court felt that the country was stable and that severe punishment could no longer be used. Instead, they had to be cautious in punishment and use less punishment. Over the past two or three decades, the punishments in the Song Dynasty mostly developed in this direction.
Zhang Fei glanced at Cai Jing, smiled slightly, and asked, "Do you think this is a legal system?"
Shangguan Jun said: "Of course it belongs to me."
Zhang Fei asked: "What is the law of the rule of law?"
Shangguan Jun immediately said: "A consensus on defending the legitimate rights and interests of individuals."
Zhang Fei asked, "When you steal, there must be a victim. So, is there any mention of the victim in this law?"
Shangguan Jun blinked, thought for a while, and shook his head: "No."
Zhang Fei asked again: "Whose interests are we defending?"
Shangguan Jun blinked, "Although the victim was not mentioned, it still promotes good and punishes evil!"
Zhang Fei asked: "If you were the victim and three pieces of cloth were stolen from you, what would you desire most?"
Shangguan Jun thought for a long time and said, "I...I should...I should be eager to get my cloth back."
Zhang Fei asked, "Didn't he kill the thief?"
Shangguan Jun hurriedly said, "If it was just three pieces of cloth and my relatives were not harmed, I wouldn't want to kill him."
Zhang Fei nodded and said, "If we defend personal rights based on the rule of law, what should we put first?"
As soon as this question was asked, Wang Anshi, Sima Guang, Fu Bi and others fell into deep thought.
Zhao Xu seemed to have not reacted yet and was still looking around.
Shangguan Jun thought for a while and answered uncertainly: "Repaying my cloth should come first."
Zhang Fei said: "But this law does not mention this at all."
Cai Bian immediately said, "But in the theft law, there are many memorials that mention that the government should return lost property, and usually, the government will return the stolen property to the victim."
Zhang Fei asked again: "What if the stolen goods are spent?"
Cai Bian said awkwardly: "Well... then there is nothing we can do, but he has already paid with his life, so what does these three pieces of cloth mean to him?"
Zhang Fei asked, "What if you use these three pieces of cloth to save your father's life?"
“.......!”
Cai Bian remained silent.
This is a nitpicker!
Can we still have a pleasant chat?
Zhang Fei glanced around.
Everyone was silent.
What can I do?
Just admit defeat.
There is no provision for compensation in the law.
Zhang Fei said: "Let me ask you, in the process of this case, have you suffered any loss in your interests?"
"yes."
"So, did you get compensated?"
"No."
"So is the purpose of the court killing him based on your personal interests or the interests of the country?"
"nation."
"So does this belong to the law of the legalists or the law of the legal system?"
"The law of the Legalists."
"Then the question is, in the Song Dynasty Criminal Code, which law belongs to the legal system?" Zhang Fei asked quickly.
Confused again!
like......!
Yes or no?
Shangguan Jun, who had just said that he could recite the Song Dynasty Criminal Code, now had a blank look in his eyes.
Cai Jing said: "National interests also include personal interests."
Zhang Fei asked back: "In other words, if your father died because of those three pieces of cloth, you would be very relieved. After all, this is a life for a life."
Cai Jing said awkwardly: "That... that's certainly not the case."
"Why?" Zhang Fei asked.
Cai Jing did not answer.
Xu Zhiqian stared at Zhang Fei blankly. She suddenly realized that as a teacher, Zhang Fei was even more powerful than when he was fighting a lawsuit.
It would have been fine if the students couldn't stop it, but the old teachers behind them just opened their mouths but no sound came out.
Zhang Fei waited for a long time and said, "There is a very classic case in the Han Dynasty. I don't know if you know this case. A farmer was leading his cow on the way home. The cow accidentally trampled on someone's crops. The landowner wanted to seize the cow to compensate for his losses. In the end, both parties went to the government. Do you know what the final result was?"
Shangguan Jun said: "In this case... I... I know that in the end the farmer was convicted of trampling on crops, and no compensation was given to the landowner for the cattle."
"What's the reason?" Zhang Fei asked.
Shangguan Jun said: "In the Han Dynasty, trampling crops was a serious crime. Since they have already been sentenced to a serious crime, why should we compensate the landowner?"
“If you are a landowner and someone accidentally steps on your crops, would you want him to pay you money or take his life?”
"Of course I lose money."
“As far as the country is concerned, in order to maintain the sanctity of crops and the stability of the country, is it better to pay with money or with life?”
“It’s fatal.”
"Why?"
“It can better deter others.”
"Is it for the individual or the country?"
"nation."
"good."
Zhang Fei nodded and said, "From the Law Classics to the Tang Law Commentary, and then to the Song Dynasty Criminal Code, they are all based on the laws of the Legalists, and do not involve the laws of the legal system.
Just now, Cai Jing said that national interests include personal interests, which means that national interests should be given priority. This is correct, and it also belongs to the law of the rule of law. After all, national interests are also common interests, and the law of the rule of law is a kind of consensus. But I also raised a question in class, what is the law without the law of the rule of law? "
Cai Bian replied: "The law of the Legalists."
Zhang Fei asked, "Is there any law of legal system in the Song Dynasty's criminal code?"
Everyone looked at each other.
Zhang Fei asked again: "In the laws of the Song Dynasty, what is the end point?"
"penalty."
"Punishment is punishment. It is the state that punishes individuals. It is to defend the state's authority and has nothing to do with the victim. It is not difficult to find that the final outcome of the Song Dynasty is all about punishment. There is not a single sentence that mentions the victim. Therefore, our dynasty has a variety of punishments, but there is no law on compensation."
At this point, he suddenly asked, "By the way! What was the question you asked just now?"
Cai Bian said hurriedly: "It's about taxation."
Everyone also suddenly realized it.
Yes! That’s the question we asked. How did it get to that point?
Zhang Fei asked, "Is the tax law written into the Song Dynasty Criminal Code?"
"Yes."
"The Song Dynasty Criminal Code is the law of the Legalists, and the tax law in it naturally belongs to the law of the Legalists. Of course, it is based on the interests of the country. The country can collect as much as it wants. There is no legal system in it. So the answer is that even if there is excessive taxation, the people must still pay taxes. This is not inconsistent with the legal system at all."
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