Chapter 382: The Essence is Still a Dispute between Two Laws



Don't laugh!

Indeed, no one laughed.

Both the students and the ministers stared at the wooden board in a daze.

"Governor! That's a good point. Let's not talk about whether it's feasible or not, but at least it sounds like it's okay."

Queen Mother Cao whispered to Zhao Xu.

Zhao Xu replied: "My grandson doesn't think there is a problem either. They are the ones who say there is a problem."

Queen Mother Cao glanced at the ministers with disdain and muttered to herself, it seems they are still a little too idle!

But the ministers are also feeling miserable!

Zhang Fei had never mentioned this issue before.

Zhang Fei was only expounding the concept of the law of the legal system and legislative ideas, and did not closely link the law of the legal system with the monarch.

...

...

Cai Bian breathed a sigh of relief and continued, "It is definitely harmful to the interests of the country and the monarch, and must be punished. In this case, the wife made a fuss to the government. Will it directly harm the interests of the country and the monarch?"

Fu Bi said: "It is not against moral principles for a wife to sue her husband."

Cai Bian nodded and said, "You are just explaining the reasons why you are guilty. You absolutely believe that the Censorate is not at fault in this case."

Understand?

"Then leave him alone."

However, Zhang Fei had never mentioned this issue before. His audience was not the emperor, but the students. It can only be said that ministers could use this statement when advising the monarch.

Wang Heqi's eyes lit up when he heard this, and he nodded repeatedly, saying, "That eldest son is really uneducated."

"That."

Still shaking his head.

The subordinates all replied: "Of course it is a violation."

It is true.

Cai Bian asked: "How to modify it?"

The students opened their eyes.

Fu Bi was stunned.

"Um?"

Cai Bian asked again: "Do they admit that what you said is unreasonable?"

I just feel that these censors are nothing compared to my teacher.

For example, if a wife sues her husband, even if it is true, she will be sentenced to seven years in prison according to the law. This law violates the Eight Principles and Seven Constant Virtues, but it also complies with the concept of the law of the legal system, because according to the law of the legal system, relatively speaking, the two ends of the law are equal, and the Eight Principles and Seven Constant Virtues are equal. "

Cai Bian suddenly looked at Zhang Fei, "Does Mr. Fu think what you said is unreasonable? Supervision of officials should be stricter than supervision of the people."

Peng Siyan, who came to get out of class on the first day, was confused by what they were talking about. It was obvious that Zhao Xu was also listening very attentively and didn't want to disturb me.

"Then you need to be more active in your thinking. Memorizing things by rote is considered a skill."

Cai Jing immediately said: "That is just an individual case, it cannot be generalized."

Cai Bian asked again: "Don't they have the same opinion?"

Cai Bian also nodded and asked, "Qi Zheng said that the husband only knew how to drink every day and went out to work, and the wife was the only one who could support the family. When he got drunk, the husband beat his wife every day. He did this every day all year round, and he beat his wife until she was blind. Does he think that his wife is abiding by the moral principles when she complains?"

The students seemed very determined, it seemed like they were hurt, but also like they were not hurt.

".?"

Zhang Feidao, Wang Heqi and other censors looked at Wang He in surprise.

"That really scared you. Remind them again. If they think about that first, they will get into small problems."

Wang Heqi asked: "How to maintain it?"

These students all shook their heads.

Cai Bian laughed and said, "What Jiang Zhiqi meant by seeking the government's approval would harm the interests of the country and the monarch?"

Wang He nodded and said, "It should be so."

No one thought about this level.

Cai Bian rolled his eyes and said, "The wife hasn't even hit her husband yet. If it doesn't violate moral principles, how can it be considered as harming the interests of the country and the monarch? What are they thinking?"

Wang Heqi immediately said, "That's what you mean. You mean that wives are definitely allowed to sue their husbands, not encouraged to do so. This is in line with the ethics of the code of conduct."

Wen Yanbo was surprised and asked, "Are you serious?"

The students nodded slightly.

“Ahem!”

"Absolutely true!"

Everyone shook their heads.

You know! They don't slow down. Cai Bian suddenly asked: "It must be the wife who beat the young husband? The situation is also very serious."

So there is still no difference, women are still superior to men, but there is one less layer of protection.

Bad looks are the same thing.

Yes! How could I forget that? Oh, your brains...

Cai Bian ignored me and looked at the students. Seeing someone speaking, he pointed at us and said, "They are really a group of legalists. They must remember that the law of the legal system is based on the concept of protection. When a wife beats her husband, it must be a minor case. At that time, the government must go against the husband's ideas.

Yan Fu snorted, "Governing a country is not as complicated as he imagines."

"Have you taught them the method? What should they consider first?"

"but."

Cai Bian then asked, "If a wife beats her husband, how should she be rewarded according to the law?"

But you are an official now, and I have to face those things. So now you just explain that you are guilty, but you will definitely deny the actions of the Censorate. Not only that, the government will definitely reward the Censorate for this, and you will stand up and speak a fair word for the Censorate. "

Cai Bian said: "Ask him if he thinks that in that situation, if his wife goes to complain, it can be considered as following the moral principles?"

Zhang Feidao saw that all the students dared to answer, and felt sorry for the argument, so he asked, "Doesn't he have any other answer?"

Zhang Feidao's face turned pale.

Continue shaking your head.

Cai Bian said again: "Compare that law with this case, do you understand?"

The students hesitated, then nodded.

"Did you?"

Cai Bian nodded and said, "What is the difference between this and the law of the legal system?"

Why? Because rewarding the wife is also rewarding the family. The husband is also a member of the family and may also be harmed. The government wants to protect the husband and defend the moral principles, not to hurt me. They must always remember to defend the legitimate rights and interests of individuals and always think about rewards, rewards, rewards. "

Zhao Xu smiled and said, "If that's the case, it will attract so many people to listen."

The students exchanged glances with each other, then looked at Cai Bian blankly.

In fact, I knew it, but if he didn't have it, he would be finished.

I, the humble official, think that Alexander is small!

Cai Bian smiled and said, "Mr. Fu's words are unreasonable, but now you and the students are discussing whether you are breaking the law or not?"

Who the hell told him that arresting your officials just requires evidence?

But the surrounding officials felt like cursing, but couldn't bring themselves to curse.

Fu Bi stood up and said, “Jiang Zhiqi, you are not discussing whether rewards should be given, but what rewards should be given and whether punishment should be used to solve such problems.

Wang He shook his head and said, "It is obvious that the law only has no reward, no protection. Should it be revised according to the law of the rule of law?"

After class, this situation also occurred. As long as the teacher had explained it, I could remember it very slowly and use it freely. But after the class, I couldn't remember the answer correctly and still needed the teacher's guidance.

We are just making a sound to acknowledge it.

During the interrogation, Wang He was indeed very cooperative and even betrayed his own father-in-law very directly without even a second of hesitation.

Wang He asked with a smile: "A 70-word memorial in exchange for an innocent life, do you think it's worth it, Mr. Yan?"

That eldest son is really a very nice person!

Everyone shook their heads.

Everyone answered in unison: "Lack of protection and defense."

"It's the same thing to say something in the Imperial College as it is to say something by the side of a field. Can they understand?"

Cai Bian glanced around and asked, "No other answer?"

In that little winter day, all the students were sweating profusely!

Ye Zuqia said, "Yes, yes, no."

Cai Bian asked again: "But surely if a wife quarrels with her husband and is slapped in the face, and then goes to the government to file a complaint, would that directly and slightly harm the interests of the state and the monarch?"

The students all nodded in agreement.

"He was beaten black and blue every day, and his wife was only allowed to eat one meal a day, but her life was in danger. If his wife went to the authorities to file a complaint, would that not be against moral principles?"

Wang He was also confused, so he answered the question?

“It’s wrong!”

That's the truth.

The young families nodded one after another.

Everyone immediately looked at Cai Bian with contempt.

you?

But we have no complaints.

Is it wrong for the emperor to protect the people's interests from being violated?

Cai Jing hesitated for a while, shook his head and said, "Do you think that can be considered as observing the moral principles?"

But on the other hand, if a wife beats her husband, it is not against moral principles and does not constitute a criminal crime.

If there is no.

Wang He also made noises and troubles, and he did not go to Kaifeng Prefecture to beat the drum, but we did not know that Li Kai was really panicked these days. According to Cai Bian's personality, if I came here to complain, then the eldest son would take revenge.

Wang He smiled and said, "When facing the people, you can do that. You can arrest the people just because they said something. You still need evidence and follow the judicial process.

Zhang Feidao asked: "What does he mean by this?"

The students nodded.

Cai Bian said again: "So you should come to a conclusion now. Is there any contradiction between the law of the rule of law and the ethics of the code of conduct?"

Cai Bian said to the students, "Give them a chance to perform. Each of them can explain to Wang Heqi."

Cai Bian asked again: "Is it not against the moral code to put your words on this law as a comment?"

The students shook their heads to indicate whether they had or not.

Wang He laughed and said, "What does he know? This is called humor. It also proves that you are not angry about it. You have been out for a few days, but they haven't heard about it. You are clamoring to file a complaint. Are you going to make a small fuss? You just hurriedly opened that class and explained the problem vaguely. You don't have any resentment towards the Censorate. And."

Zhang Fei said it very bluntly. People are not equal. That is the core of Confucianism and the smallest contradiction with the rule of law.

Yan Fu could not help but say, "All the examples he cited are common ones. Such a cruel and violent husband is rare indeed."

Xiaojia shook his head.

Zhang Feidao was very concerned and said, "If we allow that kind of situation, it will violate the principles of morality and turn the world upside down, which will inevitably harm the interests of the country and the monarch."

The students suddenly understood and nodded continuously.

The minor officials were all dumbfounded. He was really good at chatting, but after all this time, he still managed to avoid punishment from the government.

Wang He said, "What if one eye is blind?"

Teacher, is this true?

The review was completed very slowly.

But if the emperor wanted to do this, it would immediately become the emperor's protection of the people.

Wang He said truthfully: "It depends on the situation. If it does not harm the interests of the country and the monarch, or if the situation is serious, there will be punishment. It may just be a verbal lesson to the husband, or a warning. But it is also reasonable to correct the wife."

Everyone immediately looked at Zhang Feidao and Censor Jiang.

There is no "but".

The criterion for judgment is whether such matters will directly and slightly harm the interests of the monarch and the country. If they do, they will certainly, and inevitably, take criminal penalties. But if they do, they will protect the legitimate rights and interests of both parties according to the circumstances. "

Wang Anshi covered his face and laughed, "That eldest son is really a genius."

It was so tragic that anyone who heard about it would feel sad and anyone who saw it would cry. If we were to put it in context, what would moral principles become? Even if it were, we could say it out loud, not to mention that the Queen Mother was still sitting next to us.

Wang He nodded and said, "Of course not!"

"Of course it will, and it may even increase the credibility of the government."

Wang He shrugged slightly and returned to the podium. "In that case, everyone knows that the wife's complaint to the authorities is not against the moral code, but why was there no comment? That's very puzzling. But in the next class, you haven't mentioned the reason yet, so who can answer it?"

Is he sincere?

I looked at Zhang Feidao and Censor Jiang, "Censor Jiang Zhiqi and Censor Peng cannot testify for you either. Are you fully cooperating with the Censorate's investigation? Just tell us whatever we ask. Don't tell a lie or a falsehood."

Wang He looked at us with a frown.

He has a total double standard!

Xiaguan Jun looked at his classmates for help again.

"That's irrational. If we do this, there will be fewer quarrels, and the country and the family will become more harmonious and happy."

As for me, the little minister, I reacted immediately and nodded repeatedly.

Cai Bian said angrily: "They just answered yes to come out."

Wen Yanbo said: "The Censorate only interrogated him and did not convict him. Otherwise, how could you stand there? The Censorate has no power to do that."

Cai Bian sighed: "This is the government in the legalist law. Will you mention that question in the next class? Why are the people willing to go to the government? Because the only thing the government can give us is not reward and revenge. So a wife suing her husband is not an act of revenge, so of course it is not against the law.

"The law of the Legalists."

This is also why Empress Dowager Cao, who attended the class on the first day, thought that the boy spoke very well, but after listening to the class for a few days, she felt a little confused.

"ah?"

"Ah, you are such a teacher who is going to correct things." Cai Bian sighed in disappointment, "What kind of law does Song Xingtong belong to?"

Is it him?

Wang He said: "In this case just now, Qu Zheng's explanation was very vague. The essence is still the contradiction between the law of the legal system and the law of the legalists. So the seventh topic of your class is to discuss the ethics of the legal system."

But the government has no intention of protecting the rights of the people in the legal system. The wife went there to seek protection, and she also wanted to retaliate against her husband and hurt him. How could that not be against the moral code?"

What he did was like taking off his pants to fart, he was straightening it out, this is allowed!

Xiaojia shook his head subconsciously.

If a husband beats his wife and the wife goes to the authorities to seek protection, that is not against moral principles.

Jiang, Peng and the other seven remained silent.

Cai Bian said: "You also said you allowed it!"

After Wang He entered the wooden board, he asked, "Do they think your statement is not against moral principles?"

Cai Bian suddenly said again.

We don't have a clear consensus yet. When facing the problem of Cai Bian, we must be united, otherwise we will be completely blocked.

The students were looking at each other in pairs.

Wang Anshi laughed and said, "Great!"

Wang He couldn't help frowning. I, who was occasionally eloquent, also answered yes at this time.

"Of course I have."

Sima Guang pondered over these words.

Fu Bi asked with his eyes wide open.

Both ends are still equal!

"No?"

The subordinates all said, "The ruler is the leader of the ministers, the husband is the leader of the wife, and the father is the leader of the son. It is from the bottom up. The ruler should set an example for the ministers, the husband should set an example for the wife, and the father should set an example for the son. Naturally, the requirements for the ruler, husband, and father are lower. Is that the same principle that the teacher said later?"

Zhang Feidao snorted, "How to protect? Is it to reward your husband?"

"What about a broken finger?"

Wang He asked, "What do you mean?"

The students first nodded, then shook their heads.

Peng Siyan nodded.

The subordinate Guan Jun questioned: "But didn't the teacher just ridicule the Censorate?"

"You agree very much with what Duke Wen said."

Cai Jing said awkwardly, "As the saying goes, even an honest official cannot settle family disputes. There will always be conflicts between the monarch and his subjects, between husband and wife, and between father and son. It makes no sense to correct both sides. One side must give in and make concessions. Only in this way can there be peace. If there are moral principles, it will inevitably intensify the quarrel."

Cai Bian explained: "Because the smaller the power, the smaller the responsibility. Officials hold power, and if they correct it, it may hurt a few people, so there must be more tolerant supervision. You are definitely a commoner, and you must sue the Censorate because you think you are guilty.

Ye Zuqia said: "Of course, they will punish him severely?"

Then Cai Bian asked the students, "Do they know why?"

Lü Gong heard the sound behind the string and laughed, "That stinky boy hasn't changed at all, he's still so good."

The students said in unison.

Many of Xiaochen's faces are too bad.

Because he was just giving a lecture and discussing academic matters at the time, Zhang Fei kept comparing the laws of Legalism and Confucianism, and did not suggest that the emperor do so, and he did not have the qualifications to do so.

Fu Bi further explained: "It is certain that the husband beat his wife on purpose, and according to the law of the system, the wife's rights should be protected."

What you are asking for is equality and reason.

Fu Bi hurriedly asked, "First of all, you should consider whether it has directly and slightly endangered the interests of the country and the monarch?"

Cai Bian tutted, "Why don't they stop being dazed? It's still the same reasoning. First, consider whether it has harmed the rights and interests of the country and the monarch."

The students looked at each other.

All the students were ashamed.

If that's the explanation, everything makes sense and it's indeed not against moral principles.

Cai Bian asked again: "Why is it that a prospective wife is suing her husband? Does that mean she is condoning her husband's breaking the law?"

“So it requires more wisdom and diligence, but it means you have no choice.”

Peng Siyan was also a manly man when he was older!

Cai Bian sighed and said, "Is there anything wrong?"

That's bad!

Fu Bi suddenly stood up and said, "It is certainly true that the monarch protects the legitimate interests of the people, but if this is really used to legislate, it will conflict with the ethics of the code of conduct.

But it sounds so hypocritical!

(End of this chapter)

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