It goes without saying who is being jealous.
It was Su Shizhan.
Three years!
He had been holding back for three whole years in Yangzhou, and this time when he came back, he would feel sorry for himself if he didn't make a few sarcastic remarks.
But Su Shi's sarcastic remark won many people nods.
Everyone has seen Zhang Fei's eloquence, and his words were very eloquent, but Fan Chunren just conducted the trial according to what he said, and the result was that.
Shit! You went to Yangzhou, that was arranged by old Sima. I just nodded my head. Why are you jealous of me? It's pure jealousy. Zhang Fei muttered to himself, "Although I have only been the chief judge for three years, in these three years, the cases I have judged are what those judicial officials have not been able to achieve in ten years.
Therefore, I think what I said is not just theoretical talk, but a matter of experience. After all, I am not like some officials who, although they have a lot of experience, have spent more time in brothels than in government offices, if they have government offices. "
"Ha ha.!"
Many people laughed out loud immediately.
...
...
This Erbi's mouth is still as poisonous as ever!
It goes without saying that this is a satire on Su Shi, because Su Shi did not have a formal official office in Yangzhou, but was given an office in a local patrol office.
Su Shi's handsome face suddenly turned red, and his resentment towards Sima Guang increased tenfold.
Zhang Fei didn't want to get entangled with Su Shi at this critical moment, so he quickly got back to the point. "Let's talk about this 'no compensation' first. This 'no compensation' does not mean playing rogue, but the government did owe some military pay and pensions, but the government is unable to compensate. Many people think that the overall situation should be considered. So let's assume that in this case, the public security, procuratorate and courts have no right to intervene, and then see what happens."
At this point, he spread his hands and said, "In fact, if you open the history books, you will soon find the answer. There are many cases of military mutinies and defeats caused by delayed payment of military pay and non-payment of pensions. Everyone here is familiar with history books and should understand the interests involved better than I do."
Pei Wen immediately questioned: "You are generalizing and irrelevant. Most mutinies are caused by corruption, which leads to the arrears of military pay and pensions. Such cases must be severely punished, but you are assuming that the government finances cannot afford it."
Even Wen Yanbo nodded and said, "Inability to afford and deliberate withholding of military pay cannot be generalized."
"All right!"
Zhang Fei nodded, "I won't talk about the situation of the Yongxing Army either. They have only defaulted on payments and never made compensation. After all, you can also say that the finances have always been bad and they have never been able to afford it."
Everyone was speechless.
You little bastard, you're stealing our lines.
Zhang Fei said: "Let's assume that it is so, but will the result change? Regardless of the reason, will the delay in paying military salaries affect morale, the combat effectiveness of the soldiers, or even lead to a mutiny in the army?"
Wang Anshi said: "That being said, what we want to know is how to solve the problem. Blindly spending money may cause greater chaos. Just like in Qingzhou, the imperial court forced the Transportation Bureau to tear down the east wall to repair the west wall, which led to more arrears of military funds and caused greater chaos. This is not a solution!"
Sima Guang immediately glared at him.
Zhang Fei smiled and said, "Master Wang's words make sense, but we have to take it step by step. Will delaying the payment of military salaries and stopping the payment of pensions lead to the results I mentioned?"
No one spoke.
Sima Guang nodded and said, "Of course."
"That'll do."
Zhang Fei immediately picked up the charcoal pencil, drew a circle with the words "no compensation", drew a vertical line below, and wrote the inevitable consequences. He then said, "Now let's see what the consequences will be if the imperial court intervenes under the same conditions and forces the government to pay compensation.
Since the imperial court has intervened, it must act in accordance with the law. If it acts in accordance with the law, the government must do its utmost to repay the money. Repaying a debt is only natural. It is like a farmer who owes money to a landlord and may eventually have to sell his wife and children to repay the debt.
Based on this, will there definitely be mutiny, defeat, or even worse? "
Meng Gansheng said: "Of course it will."
Zhang Fei said: "Please pay attention to my wording, will it be certain?"
Meng Gansheng said: "Of course I will."
Zhang Fei asked: "Why didn't Hezhong Prefecture show up?"
Meng Gansheng blinked and snorted, "That's because Master Yuan is so capable."
Zhang Fei said: "Yes! That means it may not appear."
Meng Gansheng said: "Delaying the payment of military pay will not necessarily lead to mutiny or defeat."
Zhang Fei said: "Meng Zhiyuan might as well give an example, or ask the finance department to stop paying the imperial guards for three months, and then let them go to war, and see if it will happen."
".!"
Meng Gansheng opened his mouth slightly, but didn't know how to refute.
Zhang Fei smiled and said, "If we delay paying Meng Zhiyuan three months' salary, I guess Meng Zhiyuan will not be willing to work anymore, not to mention that the soldiers are ready to fight to the death."
Meng Gansheng said: "Don't talk nonsense. We all grew up reading the books of sages. We didn't seek fame or fortune."
Zhang Fei said: "But due to financial difficulties, Meng Zhiyuan did not take the initiative to reduce his salary, or persuade the ministers to reduce their salaries together."
"you!"
Meng Gansheng couldn't help but feel anxious and angry. He glared at Zhang Fei but couldn't say a word.
Su Shi suddenly said, "What Judge Zhang said is bound to happen, based on the fact that the military pay has been delayed and the problem has not been solved. However, looking at the success of Hezhong Prefecture, it means that the government will definitely find a way to solve it. This is also biased."
Everyone woke up as if from a dream. Yes, your unfair comparison almost led us all into trouble.
"Mr. Su!"
"Please call Attorney Su."
Su Shi corrected him immediately.
Sima Guang had a headache.
"Feel sorry!"
Zhang Fei smiled awkwardly and nodded, "Attorney General Su is right. The overdue military pay can be repaid. However, I don't know if you have noticed that since ancient times, there has never been a compensation like the one in Hezhong Prefecture. Including the case of salt notes, whether it is salt notes or Jiaozi, they have depreciated before. If salt notes and Jiaozi are contracts, depreciation is a violation of the contract, but the government has never compensated."
The whole audience was silent.
All default.
Since ancient times, military pay has either not been owed at all, or if owed, it would only get bigger and bigger and would become impossible to pay back.
Zhang Fei smiled and said, "If it had happened, then the imperial court's ruling would not have caused such a big controversy. This point needs to be analyzed from the perspective of the legalists' law and the legal system."
Then he wrote on the screen the law of the Legalists and the law of the legal system. "As for the concepts of the two, everyone should know that under the law of the Legalists, assuming that the monarch requires (one), the orders are passed down from one level to another, and the final feedback to the monarch must be (one).
Let's look at the law of the legal system. Suppose the monarch asks for (a), and the orders are passed down through the government. What is the final reward to the monarch? "
He paused for a moment.
Boy, do you want to see us make a fool of ourselves again? We are not those immature candidates. Wang Anshi said: "Still (one)"
Zhang Fei asked: "Why?"
Wang Anshi said: "Because the primary purpose of the legal system is to protect the interests of the monarch."
"good!"
Zhang Fei nodded, "In fact, the reward for the monarch is still (one). From this point of view, there seems to be no difference between the two. In fact, under the Legalist law, officials only need to be responsible to the monarch and complete the monarch's orders. But under the rule of law, although they also have to complete the monarch's orders, they must also defend everyone's legitimate rights and interests. The difference lies in this extra step."
As he spoke, he drew the corresponding pattern. There was only one feedback line on the Legalist side, but on the legal system side, there was an extra line that circled "everyone's legitimate rights and interests."
"Based on this chart, it is not difficult to understand why there has never been compensation like the one in Hezhong Prefecture since ancient times, but this phenomenon has occurred after the emergence of the public security, procuratorial and judicial organs. It is very simple. In the past, officials only needed to be responsible to the monarch, which was the most important thing. As for increasing taxes a little more and paying less military pay, these were secondary because officials did not need to be responsible for them, but the law of the legal system cannot do this."
Wang Anshi laughed and said, "According to Sima Xueshi's theory, the wealth and goods produced by heaven and earth are limited to this amount. If they are not in the private sector, then they are in the government. There is only so much money. Since we have to be responsible to the monarch, we must increase taxes a little and pay less military pay."
Sima Guang immediately said: "If the monarch saves money, wouldn't it be the best of both worlds?"
Wang Anshi said: "But what Judge Zhang asked for is (one), not (zero). If you still ask the government to save money, it is cheating and will not convince the public."
Sima Guang was speechless for a moment.
In fact, this is the main reason why Sima Guang lost to Wang Anshi. What Zhao Xu asked for was (1), but you, Sima Guang, insisted on giving me (0.5), so Zhao Xu of course chose Wang Anshi.
Zhang Fei quickly stepped out to smooth things over, "Actually, both of you are right."
"What do you mean?"
Wang Anshi and Sima Guang spoke in unison, even their eyes were exactly the same, staring at Zhang Fei.
Do you understand what is irreconcilable? It means either he or I, how can I be neither right.
Damn it! I am a fool! Zhang Fei was secretly unhappy and asked, "May I ask you two, how did Hezhong Prefecture solve this problem?"
Sima Guang immediately said, "Disarmament."
Wang Anshi said: "Salt debts and salt notes."
"good!"
Zhang Fei nodded and said, "Disarmament actually means saving money, and salt debts and salt notes increase the wealth of Hezhong Prefecture, so both of you are right."
After that, he quickly skipped the topic and continued, "The most important thing is to give back to the monarch (one)."
Wang and Sima kept silent, but both looked unconvinced.
Zhao Xu glanced at them secretly and shook his head helplessly.
Zhang Fei returned to the screen and said, "The difference between the two is that the interests of the Legalists are only for the monarch, while the laws of the legal system include both the monarch and the people. So, which of the two protects the interests of the monarch better?"
"Of course it's the latter."
A young candidate suddenly said.
Zhang Fei asked: "Why?"
The examinee said, "The people also belong to the monarch's interests. As the sage said, water can carry a boat, but it can also capsize it."
"That's right."
Zhang Fei said: "Although it seems that the laws of the Legalists are only for the monarch, and the entire system only has the monarch, it seems to completely protect the monarch's interests, but in fact, the monarch gets far less from it than the laws of the legal system. This is a typical thankless task. The situation in the Qin Dynasty is a good proof of this. No wonder the Legalists eventually declined."
Zhao Xu nodded repeatedly after listening to this. In fact, he agreed with this logic. If the people were offended, then the country would definitely be finished. The key lies in how to strike a balance.
At this time, an official in his thirties suddenly asked: "Water can carry a boat, but it can also capsize it. This is the Confucian idea of benevolent government."
Zhang Fei smiled and said, "It can be seen that Confucianism took this issue into consideration, so it eventually defeated the Legalists and had the last laugh.
However, the Confucian and Legalist laws are very similar in one respect: they are both completely oriented toward the monarch. Although every word in the idea of benevolent government advises to treat the people well, it is all said by ministers to the monarch. What Sima Xue Shi said just now is actually a typical Confucian law. What he requires is that the monarch's instructions change from (one) to (zero), and the officials only need to give feedback (zero). Wouldn't that make everyone happy?
Therefore, the difference between Confucianism and Legalism is that Confucianism intervenes before the imperial edict is issued, while Legalism only provides feedback on the results.
Compared with the two, the Confucian approach is obviously superior. After all, the purpose of intervening before the imperial edict is to defend the interests of the monarch, and this interest refers to the people. "
The people sitting there nodded as they listened.
One and Zero analyzes the implementation process of Legalism and Confucianism very thoroughly.
Wang Anshi suddenly asked: "How about the law compared to the legal system?"
Zhang Fei hesitated for a moment and said, "It's hard to compare the two. I can only say that the best way to implement Confucianism is actually the law of the rule of law."
When these words were spoken, everyone was stunned.
Although they didn't understand, Fu Bi, Sima Guang and others saw through Zhang Fei's rhetoric very clearly.
Zhang Fei has always denied the laws of the Legalists. The laws of the legal system are meant to replace the laws of the Legalists, but as for the laws of Confucianism, Zhang Fei is more of an integration rather than a replacement.
This is also a key reason why the legal system can be successful. If it is to replace Confucianism, then he is not a master, but a traitor.
Wang Anshi was confused for a moment, "What do you mean by this?"
Zhang Fei said: "On the issue of (zero) and (one), the current Confucian approach is to follow the doctrine of the mean. To put it simply, it is recommended that the monarch make lower demands and ask the people to pay a little more. This is the problem that Hezhong Prefecture faced before. If a lot of military pay was in arrears, there would have been chaos long ago. The amount owed is not much, and it depends on the situation to delay the payment. Anyway, the purpose is to avoid chaos.
However, there is a fatal problem here. From the perspective of Confucianism, this is a solution, not a stopgap measure. In other words, it is impossible to repay the debts, and there is no thought of repaying them. This can be easily proved. You can go to the three yamen to ask whether the soldiers get the full amount of military pay every year. It is definitely not. But if you ask the three departments, there are detailed accounts of debts. It is definitely not. "
Many young candidates nodded, but the ministers remained motionless.
That's it.
What's the point of delaying payment? I had no intention of paying it at all.
But Zhang Fei’s explanation was also very good, the doctrine of the mean, so beautifully put.
Zhang Fei continued, "But day after day, year after year, the accumulation is getting bigger and bigger. If our ancestors can't solve it, then the descendants will be even less able to solve it. Sooner or later, there will be problems."
Many ministers nodded after hearing this. The Song Dynasty was facing this problem at that time. At first, recruiting a few more officials seemed to be of no use, but the result was that more and more were recruited, and now they were all left staring blankly.
In fact, many ministers wanted to cut positions, but the problem was that there was too much resistance.
Zhang Fei added: "The law of the legal system is to protect the interests of the monarch and the country, as well as the legitimate rights and interests of individuals. Isn't this what Confucianism embodies?"
Wen Yanbo questioned: "But it's not enough to just say that someone can't do it, the key is to be able to do it!"
If you have never been a prime minister, how can you know the difficulties involved? These prime ministers would like to have it all, but the problem is that they simply cannot do it.
Zhang Fei smiled and said, "Both. This sounds like greed. As the old saying goes, you can't have your cake and eat it too. But it's not actually true. The "both" and "both" of the legal system are meant to protect the basic rights and interests of both parties and to prevent losing more, rather than asking for more. For example, if a person wants to earn a hundred coins a day, this is obviously very difficult, even a daydream. But if this person says that he only wants to spend thirty coins a day, this is not very difficult."
Wen Yanbo nodded thoughtfully.
If we explain it this way, then wanting both doesn't seem too greedy.
But the problem is, it is possible to let the people spend less money, but can you let the emperor spend less money?
Of course, Wen Yanbo naturally couldn't say this in such an occasion, so he could only let Zhang Fei take advantage of it and see what he would say next.
"After understanding the concept of the implementation of the rule of law, let's take the case of the military pay and pensions in Hezhong Prefecture as an example to see how the rule of law works in it and whether it can really defend the interests of the monarch, the country, and the people. In short, whether it can achieve both. "
As he spoke, Zhang Fei wrote "Hezhong Prefecture Military Pay" in the middle of the screen, then turned around and said to everyone, "Everyone should be very clear about the process of this case. Someone filed a complaint, but the government refused to issue pensions. After the public security, procuratorate and courts made a ruling on the case, many soldiers came to file a complaint, saying that the government owed them military pay.
The public security, procuratorate and courts made the judgment in accordance with the law and based on the specific evidence. In any case, compensation was determined in accordance with the amount owed.
In fact, many officials came to complain at that time, saying that the Hezhong Prefecture’s finances were insufficient and that the public security, procuratorial and judicial organs should take the overall situation into consideration. Unfortunately, neither the royal court nor the procuratorate were willing to take the overall situation into consideration and still ordered the government to pay compensation.
The final result was that Yuan Xue Shi came up with a complete compensation plan, including disarmament, salt debts, salt notes, and compensation in installments.
Many people believe that this is because Yuan Xueshi has outstanding personal abilities, while others believe that this is because Hezhong Prefecture has huge salt profits. If someone else or a different prefecture were to succeed, the situation might not work.
But as a system, if it no longer works if you change people or state governments, then this system is clearly a failure.
So let's assume that Yuan Xueshi didn't come up with a solution, and Hezhong Prefecture didn't have any salt profits. The government really couldn't pay so much money, so in this case, what would the public security, procuratorate and court do? "
Is this referring to Hezhong Prefecture?
This is clearly Qingzhou.
He was not explaining, but teaching Qingzhou how to respond.
After hearing this, everyone finally understood some of the clues and perked up.
Zhang Fei glanced around, "You should have seen the cases I judged in Hezhong Prefecture. When faced with such a situation, what would the public security, procuratorate, and courts generally do?"
Has it been sentenced?
People in the Legislative Council looked at each other in bewilderment.
I have no impression!
Is there something missing?
Fu Bi also frowned and suddenly said, "Enforce it by force."
"Mr. Fu is absolutely right."
Zhang Fei said: "It is compulsory execution. In many cases of debts that cannot be repaid, the Royal Court always chooses compulsory execution."
Lu Huiqing questioned: "But those are ordinary people. In this case, the other party is the government."
Zhang Fei smiled and said, "In the eyes of the public security, procuratorate and court, this is a debt lawsuit. Although one party is the government, it may have its own particularity, which will lead to some differences in execution, but there must be no difference in the judgment, otherwise the people will not accept it.
If you really can't pay it back, there will definitely be compulsory nature in the judgment. I have also talked about this with Master Yuan.
This is already the worst situation, there is really no other way. Then we will see if the law of the rule of law can still protect the interests of the monarch, the country, and the people, and whether it will lead to the disregard of the overall situation as the Legislative Council has argued. "
"It will certainly happen."
Deng Wan said in a firm tone.
“That’s easy to deduce.”
Zhang Fei smiled slightly and continued, "Under the forced execution of the imperial court, the government must respond and find a way to repay these debts. The best strategy is naturally the one proposed by Yuan Xueshi, relying on appropriate policies to improve the government's finances, and then use the surplus money to repay.
But our current assumption is that if policies cannot be used to adjust and repay, then the government can only take one measure to repay the debt.”
Wang Anshi immediately said, "That's the worst option, saving money."
Zhang Fei laughed awkwardly. "Yes, it is to save money, but misfortunes may happen at any time, so saving money is not the worst option."
Lu Gong sighed and said, "But it is difficult to go from extravagance to frugality!"
This sentence reveals the difficulty.
Who will benefit from your saving?
"yes."
Zhang Fei said: "But this is mandatory, and it has to be implemented no matter how difficult it is. Then the government has to look at its main expenditures and find ways to save. The main expenditures of the government are the money submitted to the court, the salaries of officials, the military pay of soldiers, and the public expenses of the diplomatic corps.
The most insignificant expenditure among these is the public expenses of the diplomatic corps. We can save a little here first, but it is not enough, so disarmament is also a way to save money. However, soldiers are there to defend the country, so we cannot disarm blindly. We can only cut some of the expenses appropriately, but after the cuts, it is still not enough.
The next thing is the salaries of officials. We should cut down the number of officials and only keep the necessary ones. But it is still not enough. We should reduce the amount of money paid to the court, but it is still not enough. "
Everyone was stunned and terrified.
They originally thought that Zhang Fei was hinting at cutting down on officials, but after cutting down on officials it was still not enough. What are you trying to do?
Pei Wen said: "If it's not enough, then there will be nothing."
Zhang Fei said: "We have to do it according to the worst case scenario, so that we can test this system."
Sima Guang suddenly glanced at Liu Shu.
Liu Shu understood what he meant and immediately said, "This is not the worst situation."
Zhang Fei asked, "What did Minister Liu say was the worst thing?"
Liu Shu said: "You are only executing unilaterally, and the government is like a dead object, but this is not the case. If the government first embezzles the military pay for compensation, it will owe more military pay, which will cause greater chaos."
"It's all the same."
Zhang Fei smiled and said, "As long as the evidence is solid, it must be enforced. The more people we owe, the more money we have to pay. But since the government is willing to pay, it won't cause chaos!"
Liu Shu was stunned, "But the government can't afford the compensation."
Zhang Fei said: "Nothing is difficult in this world, as long as there is a will. The government can still afford the compensation, and we haven't even started selling the land and houses yet."
Liu Shu was stunned immediately.
But it seems to be the case. The cause of the chaos is definitely that the government refuses to compensate. But if the government is willing to sell land and houses to compensate, there will certainly be no chaos.
Deng Wan couldn't help but say, "If you compensate like this, the entire government will be in trouble."
Zhang Fei said: "According to the law of the system, what should we do in this situation?"
Deng Wan said: "I want to ask you something else."
Zhang Fei smiled and said, "I have actually made similar rulings in many cases."
Fu Bi immediately responded, "Debt liquidation and debt restructuring."
He has been studying Zhang Fei's judgment for the past three years.
Zhang Fei smiled and nodded, saying: "Mr. Fu's words make sense. When the compensation reaches this point, we still have to make up for it, which means we have to enter into debt liquidation and debt restructuring.
For individuals, it is to ensure the basic living of the individual or family, and the rest of the income is used to repay debts. The government should do the same, that is, while ensuring the basic operation of the government, the rest should be used to repay debts.
Although the government accounts were very complicated, the imperial court would also make precise calculations. For example, a prefect might have ten clerks around him on a normal day, but through calculations, it was found that five clerks might be enough to maintain the most basic operations, so five of them would be laid off.
For example, when envoys came to Hezhong Prefecture, they used to have wine and meat, but now they can only eat as much as they can.
For example, those officials who only receive salaries but do not do any work. Laying them off will not affect the operation of the government, so just lay them off.
The same principle applies to disarmament: only keep what is needed and cut the rest.”
Before he finished speaking, there was an uproar from the audience.
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