"Absolutely not!"
Su Che was horrified and immediately stopped him, saying, "Those people don't understand the law at all and are only emotional. If this becomes the judicial system, it will only disrupt the judiciary and do more harm than good."
Previously, he thought that Zhang Fei did this just to make his judgment more convincing, and the result was indeed the same. In the end, Zhang Fei became the one who increased the sentence, and his ideas were meant to cater to the rule of law.
Get a standing ovation.
It's a good idea.
But clever ideas can only be used temporarily and cannot form a long-term system.
This is absolutely not possible.
Anyone with a discerning eye knows that Lu Cha Po is acting purely on emotion and has no rationality at all.
Cai Bian also said: "The teacher arranged this today, and no one knew about it beforehand. If it becomes a system, it will definitely breed corruption, and it will be easy to bribe these petty citizens."
Cai Jing shook his head and said, "There is no need to bribe them. Just a few threats and they will not dare to speak out. Who would be willing to get into trouble for someone else's affairs?"
...
...
Shangguan Jun and Ye Zuqia also expressed their opposition.
Fu Shichun found it interesting, but he didn't say anything.
Xu Zhiqian was also a little worried, but since she married Zhang Fei, she rarely contradicted Zhang Fei in front of outsiders.
Zhang Fei smiled and said, "Not only that, but we have to choose people who are not acquainted with the people involved in the case and have no interest in the case. This will greatly increase the burden on the public security, procuratorial and judicial organs, and make the trial more complicated, which will lead to an increase in trial costs. You should know that our public security, procuratorial and judicial organs are more financially expensive than the previous judicial system, so doing this will make the situation worse."
Su Che and the others nodded repeatedly as they listened.
wrong!
Something seems wrong?
Suddenly, they looked at Zhang Fei at the same time.
What do you mean?
Zhang Fei smiled and said, "Everything has its pros and cons, so let's list its disadvantages first, and then compare its advantages to see if it's worth a try."
Su Che bowed and asked, "I would like to hear your advice."
"Where! Where!"
Zhang Fei returned the greeting and said, "First of all, we must clearly know what concept this system is based on."
As soon as he said this, everyone immediately entered the state of class.
"The law of the legal system." Shangguan Jun said.
"good!"
Zhang Fei nodded and said, "Whether it is the Confucian law or the Legalist law, it is impossible to give birth to this system. There is no foundation. It can only be based on the law of the legal system, because the concept of the law of the legal system is...?"
“It’s a consensus among people to defend their legitimate rights and interests.”
The four of them said in unison.
Su Che was very depressed. Are you in class?
Then what do I do?
It was clearly a meeting, but in the end, my status seemed to be lowered.
“I remember it very clearly.”
Zhang Fei said: "Then let me ask you, is this consensus permanent?"
Cai Bian nodded, "Yes."
"Not necessarily." Su Che said.
But after speaking, Su Che felt a little regretful. I really became a student. But when I think about how Wang Anshi and Sima Guang answered Zhang Fei's questions in class, what does he count as?
Zhang Fei asked Su Zhe, "Why do you say it's not certain, Mr. Su?"
Su Che said: "From the Wei Dynasty's Law Classic to our Song Dynasty's Song Dynasty's Criminal Code, although the main regulations have not changed, many regulations have been added and deleted. If we talk about the law of the legal system, it means that the consensus has changed."
"Mr. Su Xiao is right. That is exactly the fact."
Zhang Fei smiled and nodded, saying: "Suppose we select a hundred people to participate in the trial, and these hundred people are all-encompassing, involving all walks of life, and can reflect the consensus of the people. Then when they make their own judgment on a case, what does it count as?"
Several people frowned and thought about it.
After a while, Shangguan Jun took the lead and said, "Legislation!"
"correct."
Zhang Fei nodded. "It is the legislation. I came here with this important task."
The reason why Fu Bi gave Zhang Fei the power to make precedents was that he hoped to get some legislative ideas on the law of the system from his judgments.
Without examples, it would be difficult for people like them who are accustomed to the laws of the Legalists to make laws based on their imagination alone.
On the contrary, for Zhang Fei, he must explain it using the law of the legal system, because his power is based on the law of the legal system.
Zhang Fei continued, "You have to remember one thing. People like us who are familiar with the law have a relatively fixed way of thinking. In addition, due to our status, even the most upright people can only consider how to be tolerant and good to the people. But often this kind of 'good to you' is not a kind of understanding. Xu Zhubu is very clear about this."
Xu Zhiqian was stunned for a moment, then her cheeks flushed, "Just talk about your own things, why are you mentioning me?"
Zhang Fei loved this joke, and asked Cai Jing and the others, "When you were helping Mr. Fu to legislate, did you often feel overwhelmed?"
They nodded immediately.
"It is because you have this idea, but you don't know what the people are thinking, so you always feel that something is wrong and not perfect. In fact, sometimes, the people's thoughts are very simple, but you think too complicatedly."
After these words were spoken, Cai Jing and others seemed to understand something.
Zhang Fei said: "If we want to capture the consensus of the people, the easiest way is to see how they judge. We can first exclude **. Under relatively rational and fair circumstances, the reasons for their judgment can help us legislate."
Cai Bian and others nodded thoughtfully.
Cai Jing suddenly said: "If the people are allowed to judge, for example, in cases of tax evasion, they will definitely rule not guilty. Just ask the people of the world, who would want to pay taxes? This is meaningless."
Zhang Fei smiled and said, "The legal concept of the legal system is that the interests of the country and the monarch come first. Based on this, anything involving national interests cannot be tried in this way. At the same time, a simple murder case cannot be tried in this way. Only for such a broad problem can this system be used.
For example, Cai Jing murdered Ye Zuqia for personal gain. "
This metaphor is so...!
Cai Jing and Ye Zuqia's faces turned green.
Why don't you use Shangguan Jun and Cai Bian as examples.
Then Zhang Fei continued, "This is just a conflict of interest between the two of them. It has nothing to do with others. But the master killed the servant, and the landlord killed the tenant. Can it be quoted?"
The four of them nodded at the same time.
"sure."
Zhang Fei said: "Because this is a widespread problem, we should take the people's opinions into consideration, but the chief judge is definitely the one who makes the decision. However, the court recorder should also record the judgment opinions. In this way, it can also form a kind of supervision over the imperial court and the procuratorate.
If it was just a matter of interest for Cai Jing and Ye Zuqia, even if it was a wrong verdict, it would only harm the president of the court, the chief prosecutor, the defendant, and the plaintiff. But if it was a widespread problem, it would have a very bad impact, and an extra layer of supervision would not be a bad thing.
It can also provide some ideas for the president of the court.”
Su Che, who had just been firmly opposed, couldn't help but nod slightly when he heard this.
Zhang Fei continued, "In addition, as for the conditions we just mentioned, except for those involving national interests, they must be broad-based. Based on these two conditions, there are not many cases they can participate in.
This will not cause us too much burden, but may improve the efficiency of hearing some cases, because when faced with some cases between law and reason, the presiding judge is sometimes really in a dilemma. When a third party is introduced, it can reduce the pressure on the presiding judge and prevent the case from being delayed for a long time. "
Su Che smiled and said, "Just like this case."
Zhang Fei smiled and said, "Besides that, there is another benefit, which is to allow more people to understand the law. The concept of the law of the rule of law is to protect the legitimate rights and interests of individuals, but first of all, people must know how to use the law to protect themselves, so that it can play a greater role."
Cai Bian and the others nodded repeatedly as they listened.
It sounds like the advantages do outweigh the disadvantages.
Su Che still had some doubts and said, "It sounds feasible, but we still have to be cautious. First of all, there must be a clear system to stipulate which cases cannot use this system, which can use it, and how to select people and how many people to select."
Zhang Fei nodded and said, "Of course, and there is no rush for this matter. We can take our time. After all, we have just established ourselves here."
Su Che breathed a sigh of relief. He was really afraid that Zhang Fei would get carried away and directly formulate this kind of trial system.
Obviously he doesn't know Zhang Fei well enough. Although every step Zhang Fei takes seems bold, he is actually very steady.
Although both the continental legal system and the maritime legal system actually have a jury system, the only difference is that their functions are different.
But Zhang Fei never considered these factions. After coming here, he never thought about whether it was the continent or the ocean, because this was a feudal society with many restrictions, and it could not be applied mechanically. He could only keep trying. No matter whether it was the continent or the ocean, even if it was a hybrid, as long as it could be used, it was progress.
As for introducing the jury system, Zhang Fei had already thought about it a long time ago, but the purpose was not really for fairness and supervision, those were secondary. The main purpose was to popularize the law and legislation.
Because some of the current laws are extremely feudal and involve Confucian etiquette issues, such as the master-servant killing each other mentioned just now. If Zhang Fei wants to change it himself, he will make too many enemies and be under too much pressure. He has to go around the corner, say it through other people's mouths, and then test it out. If it works, then do it; if it doesn't, then forget it.
In this feudal society, he would not insist too much, after all, the brain is the most important.
......
However, today's lawsuit is also a unique lesson for the people of Hezhong Prefecture.
Although Hezhong Prefecture also had espionage officers, just like the former Kaifeng Prefecture, espionage officers generally did not go to court but only wrote petitions. In fact, it was far inferior to the former Kaifeng Prefecture.
They only realized today that it was possible to try a case in this way.
Still wanting more!
At the same time, justice concerns everyone, including officials and literati.
Almost all the restaurants in Hezhong Prefecture were full today, with good friends gathering together to discuss every detail of the trial.
Of course, there are still a lot of praises.
Even those who are pen-wielding and rational will not stand out until the boasting reaches a certain level, and put forward different opinions to demonstrate their talent and depth.
The largest restaurant in Hezhong Prefecture, Shuiyun Pavilion.
In a private room on the third floor, Wei Yingfang heard the discussion downstairs, took a sip of wine, and sighed: "It's really a case of losing the rice while trying to steal the chicken!"
He originally wanted to use this lawsuit to make things difficult for Zhang Fei, but he didn't expect that this case would make the public security, procuratorial and judicial organs famous and deeply rooted in the hearts of the people, leaving him speechless.
Cao Yi hurriedly said, "President Wei should now believe that what my cousin said is true. This man is very capable, especially when it comes to the law."
Wei Yingfang said unhappily: "That would be even worse."
"That's not entirely true." Cao Yi said with a smile.
Wei Yingfang hurriedly asked: "What is your plan to deal with this?"
Cao Yi said: "My cousin said that they couldn't do anything to Zhang San because he was just an informant at the time, not an official. In addition, he was the son-in-law of the judge at the time, so they couldn't do anything to him. But now it's a different time. Now he is an official, he shoulders responsibilities, and many methods can be used."
"For example?"
"For example, Yanli."
"Salt profit?"
"good!"
Cao Yi said: "In the final analysis, this case is just about filial piety. As long as Zhang San does not make mistakes on this point, he will naturally get everyone's support. But if it involves interests, it may not be the case.
Many officials have proven that anyone who wants to touch the salt profits will inevitably be subject to endless retaliation, and no one can avoid it. Look at Xue Xiang, although he has good political achievements and now has the support of Wang Xueshi, he has been impeached all the time, not because of the new law, but because of the salt profits.
The salt policy is a murky place. Everyone knows whether it is illegal or not, but everyone can only turn a blind eye, because the salt profits are related to the finances, and this cannot be lost! "
"good."
Wei Yingfang smiled and nodded: "We can select some cases for him to try. Whether it is to offend officials or offend the people, it is up to him to choose. Haha......!"
Continue read on readnovelmtl.com
