"I see......!"
Fu Bi nodded as if he understood something, muttering to himself.
In fact, he had already realized that the Song Dynasty's criminal code was different from the legal system. So how should he make laws based on the legal system?
This has always puzzled him.
Because there is an unspeakable contradiction, that is, the emperor's interests come from the people.
If personal interests are emphasized, the interests of the emperor will inevitably be harmed.
The two are contradictory, and this problem seems to have no solution.
The solution proposed by Zhang Fei is to distinguish between the monarch, national interests and personal rights.
How to distinguish?
Zhang Fei did not say it explicitly, but gave some ideas. First, it depends on whether the case affects the interests of the country or the monarch, or the personal interests.
...
...
Secondly, the distinction is made based on the severity of the circumstances. Stealing a mulberry leaf and stealing a string of money from your home are both thefts, but the former is classified at the individual level, while the latter is classified at the national level.
However, the severity of the crime has led to different punishments, which has existed since ancient times. Even according to the existing laws, stealing a mulberry leaf will definitely be sentenced lighter than stealing from your home.
However, based on the rule of law, as long as it is classified at the individual level, the government should focus on the individual's gains and losses. The government is not among the victims. Should criminal penalties be used? The answer is mainly compensation.
This is obviously much more difficult!
The Legalists believe in fighting violence with violence, simply and crudely. If you don’t obey, I will beat you. But then again, if you don’t beat him, how can he obey you?
This is getting harder the more I think about it.
Cai Bian asked: "Teacher, if this is the case, many cases should be based on compensation. But how should compensation be determined? If this law is not strictly regulated, I am afraid that corrupt officials will be left with opportunities to take advantage of it."
Fu Bi nodded repeatedly after hearing this.
Well said!
Matters like compensation involve money. If you don't make it clear, the officials will have the final say, which is very dangerous.
From this we can see that the idea of taking precautions and controlling this matter is deeply rooted in people's minds. Whether it is Fu Bi or the students, they actually have the awareness of limiting power.
Especially the gentlemen party like Fan Zhongyan and Fu Bi, who were full of vigor and enthusiasm at the time, and even told Renzong directly that the emperor should not have too much power.
The emperor and the scholar-officials ruled the world together, which had the meaning of maintaining the power of the scholar-officials, but also had the meaning of limiting the imperial power.
Zhang Fei asked, "Does the Song Dynasty Criminal Code have any laws regarding compensation?"
Everyone exchanged glances.
Cai Bian said, "Prepare for compensation."
Zhang Fei asked: "What is the meaning of compensation?"
"Atonement." Cai Bian replied.
Zhang Fei asked: "Does it have anything to do with the actual losses of the victims?"
Cai Bian shook his head, "No."
The compensation system also requires compensation to the victims, but the specific amount of compensation is determined based on the punishment you will receive. If ten coins are equivalent to one stick, and you are sentenced to ten sticks, you will have to spend one hundred coins to avoid punishment, and this hundred coins will be paid to the victim. Even if the victim lost ten strings of coins, you will still have to pay one hundred coins. This has nothing to do with how much the victim lost.
Zhang Fei asked: "Whose interests are being defended?"
Cai Bian replied: "The interests of the country and the monarch."
Zhang Fei nodded and said, "Because personal losses are not within their consideration, the main focus is still on punishment."
Cai Jing suddenly asked again: "Does the system of protecting innocent people count?"
Zhang Fei asked, "Do you think it counts?"
Ye Zuqia said: "Bao Gu is generally used for the crime of wounding. If you injure someone, the government will postpone sentencing for 20 to 50 days depending on the severity of the injury. If it is 20 days, and the injured person dies on the 19th, you will be convicted of murder. This will force the injurer to do his best to treat the victim."
"force?"
Zhang Fei smiled and said, "Forcing is a forced nature. In the stock protection system, is this forced?"
"no."
Ye Zuqia shook his head and said, "Induction."
Zhang Fei nodded and said, "Inducement may be more appropriate, but this only means that the government prefers the person who hurt others to pay compensation, but the law is compulsory. Moreover, if I were a doctor and I thought you would be well in half a month, I would not pay compensation. If he is well in half a month, I will be fine too, but are the rights of the victim protected?"
Ye Zuqia shook his head.
Zhang Fei added: "I clearly punched him accidentally, and I tried my best to compensate him and help him with his medical treatment. As a result, he died suddenly, and I was sentenced to death. Is this defending my legitimate rights and interests?"
Everyone shook their heads again.
Zhang Fei smiled and nodded, saying: "It can be seen that whether it is compensation or protection, it actually follows the idea of compensation without punishment, punishment without compensation. It is mainly the country and has little to do with individuals. It cannot be applied to the rule of law."
After a pause, he asked, "Do you know how the government handles cases of debtors not paying back their debts?"
Cai Bian replied: "Usually such matters will not be reported to the government, but if they are, they will usually be beaten with ten sticks first to urge them to pay back the money."
"What if you don't return it?"
"Ten more blows."
"What if you don't return it?"
"Well...."
Cai Bian suddenly realized that this question might be a trap. After thinking for a while, he said, "It depends on how much money is owed. If the amount is not much, it may be ten or twenty sticks. Generally speaking, the government will determine that if the punishment is enough to pay off the debt, it will not intervene."
"It's still compensation without punishment, punishment without compensation. The purpose of doing this is to appease the people. It concerns the country and the monarch, not to defend personal interests." Zhang Fei said: "How do the people deal with it?"
Cai Bian said: "If it is a landlord and a tenant farmer, they may force the tenant farmer to sell his wife and children."
Zhang Fei asked: "Compared to using punishment to urge, which way of handling do you think is more reasonable?"
Everyone looked at each other.
Ye Zuqia said: "If it were me, I would rather be beaten with 20 sticks than sell my wife and children."
Many people nodded.
Shangguan Jun said: "But if you just take twenty sticks, then the person who borrowed the money will lose money in vain. This is against the law!"
Many people nodded again.
"There's a problem."
Zhang Fei came to the board again and said, "If you use fines instead of compensation, then the borrower will lose money in vain, and his legitimate personal interests will not be protected. Selling your wife and children is not reasonable either, but you think this is too much compensation. But in terms of the law of the rule of law, your wife and children are also people, and their rights and interests are also personal rights and interests."
The students were stunned. This was something they had never thought of.
This legal system is truly pervasive and involves all aspects.
Zhang Fei asked: "But if you were asked to revise it, would you revise it based on compensation by fine, or would you sell your wife and children?"
Cai Bian asked uncertainly, "Selling your wife and children?"
"Why?"
"Because if we follow the law and use fines instead of compensation, it is wrong in every way. Selling wives and children, as long as it is changed to paying back the money, then it will be fine."
“But in general, people sell their wives and children because they don’t have the money to pay back,” said Shangguan Jun.
Cai Bian said: "That's true."
Zhang Fei asked with a smile: "What should we do?"
You ask me?
I also want to ask you something.
Everyone looked at Zhang Fei blankly.
Zhang Fei said: "Don't keep looking at me, you have to think for yourself, I also think for myself. You should learn the method, not the conclusion. Maybe my conclusion is not right! This time I will lead you to deduce it again, next time you have to think for yourself, don't always rely on me."
The students nodded awkwardly.
"Suppose Zhang San, that's not right. Suppose Li Si, that's not right either. Suppose Wang Wu borrowed five strings of cash from Zhao Liu, but ultimately failed to pay it back as agreed, and Zhao Liu came to the government to sue. What should we consider first?"
"Consider whether Wang Wu has the money to pay back?" Shangguan Jun replied.
"......If you think so, then you'd better not be an official." Zhang Fei snorted.
Shangguan Jun said: "Why?"
Zhang Fei smiled bitterly and came to the front of the board. "We just said that the first thing to consider is whether it harms the interests of the country and the monarch. If you don't even consider this, what kind of official are you?"
Fu Bi, Wang Anshi and Sima Guang all laughed when they heard this.
Zhao Xu didn't think much of it at first, but when he saw they all laughed, he laughed too, and felt a little embarrassed.
You think too much about me.
Shangguan Jun's face was as red as a monkey's butt. In this class, he gave more wrong answers than in all the classes before him.
"Is there?"
Zhang Fei asked again.
"Probably not." Cai Jing replied.
"There shouldn't be anything. There isn't anything at all. This is purely a debt relationship between two people."
Zhang Fei glanced at him and said, "Since it does not involve the interests of the monarch and the country, what do we need to consider?"
“Legitimate personal rights and interests.”
"right."
Zhang Fei said: "We need to focus on this point. This is a debt dispute. What should we determine first?"
Ye Zuqia glanced at Shangguan Jun, as if asking, "Are you still going to answer?"
Shangguan Jun didn't dare to answer.
Ye Zuqia said confidently: "First of all, we need to consider whether Wang Wu has the money to pay back?"
Zhang Fei said unhappily: "If you become an official, you will definitely be a mediocre official."
Xu Zhiqian couldn't help but chuckle.
Ye Zuqia wondered, "What else is there to consider?"
Zhang Fei said: "Of course, we should consider whether the debt relationship is legal and real. If you can skip this step, do you still need to consider the next step? You can judge it however you want!"
Ye Zuqia's face was even redder than Shangguan Jun's.
Shangguan Jun covered his mouth and laughed.
Why are you pretending?
"As the saying goes, three cobblers are better than one Zhuge Liang. After a group of you have reviewed for more than half a year, we have finally determined that this debt relationship is real and legal. What should we consider next?"
"......?"
Whoever answers is a s--!
Xu Zhiqian couldn't help but answer: "Considering whether Wang Wu has the money to pay back?"
"What do you know as a tea maker?"
Zhang Fei glared at her and said, "Of course I have to consider whether Zhao Liu's request is reasonable or not!"
Xu Zhiqian pouted and continued to make tea.
Shangguan Jun, Ye Zuqia and others immediately felt balanced.
It turns out that the teacher was not targeting me, but his own fiancée as well.
Zhang Fei said excitedly: "How many times do I have to tell you that you can remember to defend your legitimate rights and interests? Whether Zhao Liu's demands are legitimate is crucial! Do you know how many landlords collude with the government to oppress the people? The problem lies here. The government also judges the landlords' improper demands. You... When you go out in the future, don't say you are my student. I really can't afford to lose face like this."
The students' eyes were slightly red.
They used to dislike Zhang Fei, but now Zhang Fei dislikes them like this.
Zhang Fei continued to ask: "You guys have reviewed it for another half a year and found that your demands are justified. What should you do next?"
This time no one dared to answer.
Zhang Fei was not in a hurry either. He leaned against the podium, meaning that we should just wait and see.
Zhao Xu said: "We should consider whether Wang Wu has the money to pay back."
"The government is wise!"
Zhang Fei immediately bowed.
I....
Countless contemptuous glances were directed at Zhang Fei.
You are too much!
Zhao Xu did not feel proud at all, but his cheeks turned slightly red.
Zhang Fei saw that the emperor was embarrassed, so he quickly turned back to the topic, "As the emperor said, the next step is to examine whether Wang Wu has the money to pay back. There are two situations. The first is that he has money but doesn't pay back. The second is that he has no money to pay back. Let's look at the first one first. He has money but doesn't pay back. What should we do?"
Cai Bian replied: "Force him to pay back the money?"
Zhang Fei said: "We need to consider one thing here first. Generally speaking, Wang Wu can't say that he has money and then refuse to pay it back. He must say that he has no money, so we first need to verify whether he really has money.
If he finds out that he really has the money, but he just doesn't pay it back, what does that fall into?"
“......!”
"This is deceiving the government and disobeying government orders." Cai Bian answered courageously.
“Whose interests have been violated?”
"Monarch and state."
"right."
Zhang Fei nodded, "Then he will have to accept the punishment, but how should the punishment be determined?"
Cai Jing suddenly said: "I...I think we can use the compensation system to judge."
Zhang Fei asked: "Why?"
Cai Jing said: "Because Wang Wu's original intention was to default on his debt, not to harm the interests of the country and the monarch, the punishment should not be too severe. Moreover, if he directly pays back the money, the government will not have to suffer so much loss. So I think it is more appropriate to compensate him, but the money for the redemption should belong to the government."
Wang Anshi frowned when he heard this, as if he had thought of something.
Zhang Fei praised: "Cai Jing, you can leave the team of cobblers now."
When it comes to money, Cai Jing has a very flexible mind.
Faced with this compliment, Cai Jing didn't know whether he should be happy or depressed.
Zhang Fei continued, "Wang Wu's behavior was intentional to cause losses to the government, but it also indirectly harmed the interests of the country and the monarch. Compensation is undoubtedly a very appropriate punishment. Let him choose whether to beat him or punish him. After all, both are reasonable.
If Wang Wu doesn’t pay back the money, it will affect the government’s ability and execution. The worst thing is that Wang Wu really doesn’t have the money to pay back. What should he do then?”
All the students looked at Zhang Fei, including the group of people behind him.
This problem is indeed difficult to solve.
In the eyes of many officials, beating him up is just a way to pay off the debt.
Soothe people's hearts.
But based on the law of the rule of law, this cannot be fought.
Zhang Fei waited for a long time, and indeed no one answered, so he said: "I reiterate again, based on the law of the rule of law, our principle is to defend the legitimate rights and interests of individuals, not at the premise of harming the rights and interests of others, including Wang Wu.
If Wang Wu doesn't pay back the money, it will harm Zhao Liu's interests, but he has no money to pay back. If the government upholds the concept of the rule of law, it can only stipulate how much Wang Wu has to pay back to Zhao Liu every month based on his monthly income. Wang Wu must pay back the money, but at the same time, he cannot pay back the money at the expense of Wang Wu. "
Everyone nodded thoughtfully.
Zhang Fei asked again: "If Wang Wu has a small house, does he have to sell it to pay off his debts?"
Cai Bian shook his head and said, "That shouldn't be the case. If it's winter and we force Wang Wu to sell his house, causing his family to freeze to death, that would be no different from taking away their food supply."
Zhang Fei asked again: "What if Zhao Liu is waiting for this money to save his life?"
Everyone was dumbfounded. Are you trying to make things difficult for us?
Zhang Fei said: "Don't look at me like that. This kind of thing has definitely happened."
Shangguan Jun said: "Then I guess Wang Wu will have to sell the house. After all, this is a matter of life and death, and he has an obligation to pay back the money."
Zhang Fei smiled and said, "In fact, this kind of case can only be analyzed on a case-by-case basis. I don't have a specific answer, but you must not be afraid, because as long as you uphold the concept of defending the legitimate rights and interests of individuals, no matter the legislation or the punishment, each person may have a different punishment, but it will not be a wrong judgment."
A group of students nodded, their confidence began to return, and it was as if a window had opened in their hearts, letting in a ray of light from outside.
Zhang Fei glanced outside the door. It was almost time to end the get out of class.
Wang Anshi suddenly laughed and said, "Teacher Zhang, what you said is very reasonable and has benefited me a lot, but it seems that you have overlooked one point."
Everyone looked at Wang Anshi.
Zhang Fei hesitated for a moment, then bowed and said, "I'd like to hear your opinion."
Wang Anshi asked with a smile: "If the government has to consider even a debt dispute so carefully, will it have the energy to take care of other things?"
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