Chapter 103: The Law of the Ancestors (fourth update! Thanks Liu_Ice Alliance Leader)
Encouraged by Zhang Fei, Feng Nanxi was also full of confidence and fighting spirit. The reason why Zhang Fei asked him to participate was not because he was familiar with the law, but because he was one of the parties involved and he knew very well the causes and consequences of what happened at that time.
Everything, and he also went to investigate secretly afterwards.
I have asked roughly before, but this time I mainly asked about details. This is what Zhang Fei is best at. He often asks about details that others don't care about.
After asking clearly, Zhang Fei showed this more detailed confession to Xu Zun.
I have to say that the Xu family father and daughter are really a perfect complement to Zhang Fei.
Xu Zhiqian can provide technical support to Zhang Fei, while Xu Zun can provide him with experiential support.
To understand how the Northern Song Dynasty government operated did not happen overnight!
After Xu Zun read it, he still maintained his original judgment, "The most critical part of this case is the box of stones. If evidence can be found, it may be possible to uncover the case."
But when he said this, he sighed, "To tell you the truth, I have also read some documents about Yaqian police officers recently, and many of them are problematic. This is not an exception. So...
Your judgment is correct. If you conduct an investigation, you will face great obstacles. According to this confession, they lack witnesses and physical evidence, so they may not be able to find evidence."
Zhang Fei said: "Even if I could, I wouldn't dare to take the risk."
This is already a systemic corruption. If it were to be overturned, the extent of the involvement would be unimaginable. Without guarantee that a fair investigation would be conducted, Zhang Fei would not dare to take this step easily.
If you don't do it right, you may be dragged in by them too.
Xu Zun nodded in understanding.
Xu Zhiqian asked: "Now that you have obtained the support of Grand Scholar Wang and Grand Scholar Sima, how do you plan to sue the imperial court?"
"Shura Martial God"
Xu Zun also looked at Zhang Fei very curiously, "Yes! When suing, no matter who the other party is, first of all, there must be specific regulations to support your prosecution. I recently read through Song Xingtong, and I still can't find a single regulation that allows you to sue.
You sue the court."
In recent days, he has also been thinking about this issue. Nowadays, people sue officials, mainly suing officials for corruption, and it can even be extended to the entire government.
But suing the entire court was something he really didn't know how to do.
The most critical point is that the emperor is the boss of the imperial court. If you sue the imperial court, does that include the emperor?
Prosecution against the emperor?
this.......!
This is indeed asking for death.
Zhang Fei said: "The method of our ancestors."
"The method of our ancestors?"
Xu Zun and his daughter said in unison, with stunned expressions on their faces again.
Zhang Fei explained: "It is the rule set by Taizu Taizong."
Speaking of this "law of the ancestors", I believe many history buffs are very clear about it, because this statement was often mentioned in the Ming Dynasty. Although this statement has been around since ancient times because Confucianism advocates filial piety, it was rarely used before the Song Dynasty.
This tells a story.
This is because during the Han and Tang Dynasties, the entire Central Plains dynasty was in a stage of outward expansion.
Under such circumstances, it was impossible to abide by the laws of our ancestors and keep pace with the times. As soon as Emperor Wu of the Han came to power, he changed all the previous systems and ideas.
Whatever the ancestral method is, Lao Tzu is the ancestral one.
Li Erfeng even forced his father to step down and could not abide by his father's rules.
By the Song Dynasty, the Central Plains dynasty gradually stopped expanding, and its policies shifted from outward to inward.
The ancestral law was actually popular in the Northern Song Dynasty, and it was from here that the ancestral law became a systematic concept.
The first person to systematize the ancestral method was Ouyang Xiu, and the person who completely carried forward this theory was none other than Sima Guang.
In the process of Wang Anshi's reform, Sima Guang fought under the banner of the ancestral law.
Since Sima Guang, the ancestral law has become the creed of conservatives.
But for now, the ancestral method is still just gaining popularity.
But the laws of our ancestors are not laws after all. In general, courtiers like to quote them. It is outrageous for you, an ignorant person, to quote the laws of your ancestors.
Therefore, it took Xu Zun a while to react, "But this is not a rule."
Zhang Fei said: "Although this is not a law, it is better than a law, because even the officials have to abide by it. Only by citing the laws of the ancestors can we sue the entire court, even including the officials. I am justified."
As far as I know, no one will think that I am guilty of great disrespect."
In fact, Zhang Fei thought of this early on, because in those days, when suing the government, the Constitution was the most useful. Although there is no constitution today, there is ancestral law.
Xu Zun was still a little unable to turn around, and he frowned deeply in thought.
Xu Zhiqian nodded and said: "Dad, I think Zhang San's plan can work. Didn't Fan Gong and the others often quote this ancestral law to persuade officials? Since the ministers can use this to restrain the monarch, the people will naturally
This method can also be used to restrain the imperial court."
"What do you know?"
Xu Zun glared at her: "The law is a written regulation. It is very strict and does not allow for any deviation. Although there is talk of ancestral law, it is not a written regulation after all. No one can say what it is specifically.
Qing Dynasty, how many people in the world know the laws of the ancestors? If the laws of the ancestors are included in the laws and regulations, it will cause chaos."
Although he tends to be eccentric, he is also a Legalist.
For example, when Fan Zhongyan, Ouyang Xiu and others quoted the laws of their ancestors, they all cited some allusions and policies of Taizu Taizong, and collectively called them the laws of their ancestors. However, if these things were classified as laws and regulations, the entire judicial system would be ruined.
There is also "Song Xingtong", why not just read the history books.
Zhang Fei said: "The reason why my benefactor is worried is because today's ancestral laws are very rigid and there are no specific regulations. This time I will turn the ancestral laws into specific regulations. This will not only not interfere with the judiciary, but also
Contributes to the administration of justice."
"You...what did you say?"
Xu Zun was dumbfounded, "You turned the laws of your ancestors into specific regulations?"
Zhang Fei smiled and nodded.
Xu Zhiqian blinked, "This...how is this possible?"
The father and daughter looked at Zhang Fei as if they were crazy.
Go crazy!
Can you decide the laws of your ancestors with an ear pen?
Then don’t all the emperor and ministers have to commit suicide?
What to live for?
Being infinitely humiliated?
Zhang Fei smiled and said: "In court, everything is possible. Besides, I know the law better than them."
Xu Zun asked: "Then tell me, how do you plan to decide?"
Zhang Fei said: "I have read some scrolls of Taizu Taizong before, and found that Taizong once issued an edict, 'The emperor has been in business for twenty years, and things have to be prevented and things should be controlled. Disciplines have been established, and things have their own course. .I respect it and do not dare to exceed it'."
After Xu Zun listened, he stroked his beard and said, "This is indeed the method of our ancestors."
Xu Zhiqian asked curiously: "I also know about this edict, but...but what does this have to do with this?"
Xu Zun also looked at Zhang Fei curiously.
This edict is absolutely legally binding, because it is the policy of Emperor Taizong, and he later said, "I respectfully honor it and do not dare to go beyond it." Even Emperor Taizong did not dare to go beyond it. No one dares to go beyond it.
But the problem is, this has nothing to do with this.
Zhang Fei said: "To sum up, this edict is a policy to prevent malpractice. But does the current service law belong to a policy of malpractice?"
Xu Zun thought for a while and probably understood what Zhang Fei meant, and then asked: "Isn't this a bit far-fetched?"
Zhang Fei smiled and said: "The logic is correct, so it is not far-fetched. Of course, this sentence alone is not convincing. We also need a large number of examples as evidence to prove that our actions violate the laws of our ancestors. This may require the support of your benefactor."
For example, the regulations in the Xingtong of the Song Dynasty all have specific explanations, such as exemption from the crime caused. There are specific explanations below.
There is no specific explanation for this edict. It is just a very general statement. Although everyone understands it, there is no explanation in writing. This is why Xu Zunhui believes that this is not a law. If it is regarded as a law, it will be chaotic.
But Zhang Fei believed that this had legal effect, and officials would not dare to disobey it.
However, when fighting this kind of lawsuit, what you get is the right to interpret.
It takes a lot of examples to explain this thing.
There are a large number of examples in Dali Temple.
Xu Zun didn't understand it very well for the time being, but he was also a weirdo in the legal world, and he was very curious, could this be fought?
So I agreed.
See how you play.
I’ll learn a little bit first, and I’ll do the same next time.