Two teaching assistants in their fifties had just returned to the Imperial College after eating out. They found that the Imperial College had three floors inside and three floors outside.
There were seven or eight servants in the courtyard who were hurriedly cleaning.
One of them immediately said: "Is it Zhang San's class again today?"
"Yeah! It's true. It seems that the officials and others will come here to listen to the class again."
"Every day the officials and a bunch of ministers come here to listen to the lectures of a young child. Is it possible that our government affairs have become so idle?"
"If that were not the case, how could that boy Zhang San dare to be so arrogant? He has been coming to the Imperial College for a while, but he has visited us before. Every time, he arrives here just before class and leaves right after class."
"This kind of person is worthy of being a teacher."
During the conversation, the two of them passed by the largest classroom in the middle and saw two old men sitting in it. They both looked surprised and looked at each other. They quickly stopped talking and hurried past.
These two old men were Fu Bi and Wen Yanbo.
You must know that there is still some time before class, and the two prime ministers of the country have arrived so early to occupy seats. Su Shi was not so diligent even when he went to the brothel.
this..
"The rich man seems to have recovered. This is really gratifying and congratulatory."
Wen Yanbo stroked his beard and chuckled, his eyes twinkling with amusement.
Fu Bi couldn't help but blush, nodded and said: "I admit that the reason why I stayed behind closed doors before was because I did not agree with Wang Jiefu's new law."
Wen Yanbo asked: "In that case, why didn't the rich man stand up and dissuade the officials?"
Fu Bi sighed helplessly: "During the Qingli New Deal, I also hated Xia Song and others, and often quarreled with them. Now that Wang Jiefu wants to change the law, if I stand up to oppose it, wouldn't I be becoming the person I once hated?"
The right thing to do is, don't do to others what you don't want others to do to you. This is not what a gentleman should do."
Having said this, he glanced at Wen Yanbo and said, "It's not what the officials want either."
Wen Yanbo nodded slightly and added: "But Mr. Fu seems to have a special liking for this legal system, and he is more active than the students in class."
He was originally going to come later, but when he was eating out, he saw Fu Bi rushing this way, so he followed him.
Fu Bi nodded and said with a smile: "I don't deny that Zhang San's legal system is really fascinating. I recently read ancient and modern books, and except for Yang Zhu's few words, there is no thought similar to it. This
It makes people think deeply as to why this is the case.”
Wen Yanbo said: "The rule of law is an idea of serving the people, and doesn't Confucianism also advocate benevolent government and love for the people?"
Fu Bi said: "Water can carry a boat, but it can also overturn it. In the end, it is the boat that is protected, not the water. Therefore, Confucianism is often powerless when encountering a coward or a tyrant."
Wen Yanbo asked: "Can the legal system be achieved?"
Fu Bi shook his head and said: "I don't have a clue yet. Let's see what he says in this class. In the previous class, although Zhang San explained the relationship between the law of law and Confucian law, and the law of law, he did not
Explain clearly what legitimate rights and interests are? And how to defend them? Does not paying taxes count as defending personal legitimate rights and interests? Does the state's taxing more count as infringement of personal rights and interests? If so, what should be done? "
Wen Yanbo frowned and said, "I have thought about this too, but can this be explained clearly?"
Fu Bi said: "Let's see what he says today."
Just as he was talking, he suddenly heard that it became noisy outside. Wen Yanbo said: "It seems that the officials are here."
When the two went out, they saw, as expected, that they saw Zhao Xu, Wang Anshi, Sima Guang, Lu Gongzhu and others walking toward them while chatting.
Although the logical relationship between the three laws was clearly explained in class, Zhang Fei did not give a clear explanation of the most important "legitimate rights and interests".
Stealing, robbing and killing is a crime. This is indeed a consensus. It was not thought up by some saint. It was formed naturally. It is indeed easy to understand using this explanation.
But the country's problems often do not arise because of these consensuses. Most of these are just isolated cases. Which dynasty goes to destruction is not because of these problems.
Moreover, when Zhang Fei explained Legalist law and Confucian law, he talked about the interests of the people, but when he talked about the legal system, he avoided these issues.
As everyone discussed and thought, everyone found that the nature of the legal system had not been explained clearly.
Everyone was looking forward to this class very much, and they all came early, and then, like before, they waited blankly for Zhang Fei.
Of course, Zhang Fei was the last one to arrive as always. He just made sure that he would not be late and you would arrive early, so who can blame you?
But when he saw Zhao Xu, he was still very frightened and said: "I am guilty. I have kept your Majesty waiting for so long. Please forgive me."
Everyone looked at him with contempt.
Then why don't you come earlier?
Are your affairs busier than the emperor's?
Zhao Xu waved his hand and said, "That's all, I'm used to it."
Zhang Fei smiled and said: "Thank you for your forgiveness, Your Majesty."
Zhao Xu waved his hand again and said: "Go and give lectures quickly."
Suddenly I heard a commotion.
"Where did the woman come from?"
Everyone looked up.
I saw Xu Zhiqian standing in front of the door tremblingly.
Xu Zun couldn't help but glare at her angrily.
He had told Xu Zhiqian several times that she must not come to this occasion because there were all old masters here.
But this time Xu Zhiqian was shameless and wanted to follow him, because every time there was a class, the prime minister would run home, but it didn't sound like a very profound truth, and she also wanted to know what the class was talking about.
As expected, it immediately aroused the angry looks of many old masters.
They are all men, how can it be inappropriate for a girl to run here?
Didn't you see that the brothels are all open next door, but not inside the Imperial College?
Zhang Fei hurried up to the podium and coughed: "There may be a lot of content today, and this class may be delayed a little later. The Imperial College has not provided us with a special assistant, so I specially asked Madam Xu to come over and help me make tea. Quench your thirst, everyone has no objections, right?"
"Thank you for your hard work, teacher."
The students spoke in unison.
If you are willing to talk more, we have no objection to what you do, but we are afraid that you will end the get out of class halfway through.
No one can say for sure.
If you don't allow it, get out of class will be dismissed if you have a dry mouth.
"Thank you for your understanding."
Zhang Fei repeatedly raised his hand.
Li Si and Long Wu carried a small tea table and placed it in the corner inside, and placed a small brazier. Xu Zhiqian lowered her head and hurried over, like a maid, and began to work.
As Zhang Fei came to the podium, no one paid attention to her anymore. Everyone's eyes were focused on Zhang Fei.
Beauty?
In the face of the law, beautiful women are nothing.
In this classroom, the most charming one is undoubtedly Zhang Fei, even though everyone is male.
Zhang Fei stood on the podium, opened his small notebook, looked up, raised his head and said: "In the last class, we have clearly explained the relationship and difference between the legal system, Confucian law, and Legalist law, and
Why should everyone take Legalist law as a warning? Because under Legalist law, there is no legal system. In this lesson, we will use some specific cases to analyze."
"teacher!"
Cai Bian suddenly spoke.
Zhang Fei glanced at him, "What?"
Cai Bian asked uneasily: "Actually, we still have some questions that we didn't understand in the last class."
Zhang Fei's complaints have invisibly left a shadow on them.
They also drew lots in private as to who raised this question, and the final draw was Cai Bian.
Zhang Fei frowned upon hearing this.
Cai Bian suddenly panicked and said, "Student is stupid, teacher, please forgive me."
They have now had self-doubt. They really don't know whether Zhang Fei explained this, or whether they are stupid and can't understand it.
Zhang Fei asked: "What's the problem?"
Cai Bian immediately said: "It's about legitimate rights and interests. In the last class, the teacher said that when Confucian laws meet legal laws, legal laws should come first. But since ancient times, conflicts between the court and the people have often appeared over taxation.
According to what the teacher said, in many cases, such as excessive taxation and people not paying taxes, it should be regarded as defending the legitimate rights and interests of individuals."
This is where I drop a bombshell.
Everyone looked at Zhang Fei expectantly. This problem has been bothering them these past few days.
How does the legal system explain tax issues?
This is the source of the contradiction!
Zhang Fei came to the edge of the podium again, leaned against the podium, folded his arms, and performed his signature movements. He pondered for a while, and then suddenly said: "To clarify this issue, I think we should discuss it first. I'm going to
Is there a law of law?”
Everyone was stunned for a moment, then nodded.
"Um?"
Zhang Fei looked at them.
Everyone shook their heads uncertainly.
Zhang Fei said dissatisfied: "What are you doing? Does it exist or not? We talked so much in the previous two classes, can't you even distinguish this?"
Shangguan Jun suddenly said: "Of course it exists."
Zhang Fei asked: "For example."
Shangguan Jun said: "Regarding this, the teacher has already said in the first class that stealing, robbing and killing are all part of people's consensus to defend their legitimate rights and interests, and are within the law. These crimes are also included in the list. Song Xingtongzhong."
The others also nodded, of course this exists, why do you ask this?
Zhang Fei smiled and asked: "Have you read Song Xingtong?"
Shangguan Jun immediately said: "Students have read it."
Zhang Fei asked again: "Regarding the law of thieves, do you remember some of the general rules of the law of thieves?"
Shangguan Jun said shyly: "Students can recite the entire text."
"Really?" Zhang Fei asked in surprise.
"Really."
Shangguan Jun said with a red face.
Zhang Fei nodded and said, "Then you are really amazing. I can't even recite the first page."
As soon as this was said, everyone was surprised.
You, a law teacher, can't even memorize the first page?
Cai Jing said flatteringly: "Teacher, you are so humble."
Zhang Fei shook his head and said: "I have no humility. If you can read a book while fighting a lawsuit, why should I memorize it?"
Everyone suddenly realized it.
No wonder this guy brings more copywriting than anyone else when he files a lawsuit. It turns out he has a bad memory!
"Let's not talk about this for now." Zhang Fei coughed and said to Shangguan Jun: "Okay, let me test you. How will you be judged for stealing more than three pieces of cloth?"
"Death penalty." Shangguan Jun replied.
Zhang Fei nodded and said, "Then?"
Shangguan Jun asked in astonishment: "What then?"
Zhang Fei said: "Are there any other punishments?"
Shangguan Jun was stunned and said: "This is already a death sentence, is there any other punishment needed?"
Zhang Fei asked again: "Do you think it is reasonable?"
Shangguan Jun replied cautiously: "Most of the punishments of the Song Dynasty in our dynasty were based on the Tang law. If we follow the Tang law, the punishment will be determined based on whether you hold a staff or not, and how dirty you are. However, because there are too many thieves and robbers in our dynasty, the punishment is relatively high." It’s serious, but many officials will still consider it as appropriate when conducting trials.”
Cai Jing immediately said: "My lord Shengming issued a pardon last year to reduce or reduce some crimes involving thieves."
In fact, when the Song Dynasty was founded, it still adopted heavy codes to govern the world. However, starting from Zhenzong, the ministers in the court felt that the world was stable and they could no longer use heavy codes and should be careful and punished lightly. In the past 20 to 30 years, most of the punishments in the Song Dynasty were still this way. direction development.
Zhang Fei glanced at Cai Jing, smiled slightly, and asked: "Then do you think this is a legal system?"
Shangguan Jun said: "Of course."
Zhang Fei asked: "What is the legal system?"
Shangguan Jun immediately said: "A consensus to defend the legitimate rights and interests of individuals."
Zhang Fei said: "If you steal, there will naturally be a victim. So in this law, is there any mention of victims?"
Shangguan Jun blinked, thought for a while, shook his head and said, "No."
Zhang Fei asked again: "Then whose interests are you defending?"
Shangguan Jun blinked, "Although I didn't mention the victim, I still promote good and punish evil!"
Zhang Fei said: "If you are a victim and you have three pieces of cloth stolen, what do you desire most?"
Shangguan Jun thought for a long time and said: "I, I should. I should be eager to get my cloth back."
Zhang Fei said: "Didn't you kill the person who stole it?"
Shangguan Jun said quickly: "If it's just three pieces of cloth and my relatives are not hurt, it won't make me want to kill him."
Zhang Fei nodded and said: "If we are to defend personal rights and interests based on the legal system, what should be the priority?"
As soon as this question came up, Wang Anshi, Sima Guang, Fu Bi and others fell into deep thought.
Zhao Xu didn't seem to have reacted yet and was still looking around.
Shangguan Jun thought for a while and replied uncertainly: "You should repay me for the cloth first."
Zhang Fei said: "But there is no mention of this in this regulation."
Cai Bian immediately said: "But in the law of thieves and thieves, there are many omissions that mention that the government should return the stolen property. Under normal circumstances, the government will also return the stolen property to the victim."
Zhang Fei asked again: "What should I do if the stolen goods are spent?"
Cai Bian said sarcastically: "Then there is nothing we can do, but he has already paid for it with his life, so what do these three pieces of cloth mean?"
Zhang Fei said: "What if you took these three pieces of cloth to save my father's life?"
".!"
Cai Bian fell silent.
This is a bully!
Can we still have a pleasant chat?
Zhang Fei glanced at him.
Everyone was silent.
What can be done?
Just admit it.
There is no compensation provision in the statute.
Zhang Fei said: "Let me ask you, during the course of this case, have your interests been lost?"
"yes."
"Then will I compensate you?"
"No."
"Then the court's purpose of killing him was to put your personal interests first or the national interests first?"
"nation."
"Then is this a legalist method or a legal method?"
"The Legalist Method."
"Then the question is, in the Song Dynasty's Xingtong, which laws belong to the legal system?" Zhang Fei asked quickly.
Blinded again!
like!
Yes or no?
Shangguan Jun, who had just said that he could recite Song Xingtong, was at a loss.
Cai Jingdao: "National interests also include personal interests."
Zhang Fei asked rhetorically: "In other words, if your father died because of those three pieces of cloth, you would be very relieved. In the end, this is a life for a life."
Cai Jing said sarcastically: "Of course not."
"Why?" Zhang Fei asked.
Cai Jing did not answer.
Xu Zhiqian stared at Zhang Fei blankly, and she suddenly realized that as a teacher, Zhang Fei was even more powerful than when he was fighting the lawsuit.
It doesn't matter if the students can't stop it. The old masters behind them just open their mouths, but there is no sound.
Zhang Fei waited for a long time and said: "There is a very classic case in the Han Dynasty. I don't know if you know this case. A farmer was leading a cow on the way home. The cow accidentally trampled on other people's crops.
The landowner will seize the cow to compensate for his losses, and eventually both parties will go to the government. Do you know what the final result will be?"
Shangguan Jun said: "In this case, I, I know, in the end, the farmer was punished for trampling on the crops, and the cattle were not compensated to the landowner."
"What's the reason?" Zhang Fei asked.
Shangguan Jun said: "In the Han Dynasty, the crime of trampling on crops was a serious crime. We have already been sentenced to serious crimes. Why should we compensate the landowners?"
"If you are a landowner and someone accidentally steps on your crops, do you want him to pay compensation or take his life?"
"Of course I'll lose money."
"As far as the country is concerned, in order to maintain the sanctity of crops and the stability of the country, does it cost money or lives?"
"It's fatal."
"Why?"
"It can better deter others."
"Is it for the individual or the country?"
"nation."
"good."
Zhang Fei nodded and said: "From the Dharma Scripture to the Tang Dynasty Laws and Regulations, and then to the Song Dynasty Xingtong in our dynasty, they are all based on Legalist law and do not involve the legal system.
Just now, classmate Cai Jing said that national interests include personal interests. The implication is that national interests should come first. This is right. This also belongs to the legal system. After all, national interests also belong to the common interests, and the legal system is also a kind of
Consensus. But I also asked a question in class: What is a law without a legal system?"
Cai Bian replied: "Legalist method."
Zhang Fei asked: "Is there any legal system in the Song Dynasty's criminal system?"
Everyone looked at each other.
Zhang Fei asked again: "What do the laws and regulations of Song Xingtong end with?"
"penalty."
"Penalty is punishment. It is the state punishing individuals. It defends the authority of the state and has nothing to do with the victims. It is not difficult to find out when reading the Song Xingtong that the final outcome all falls on punishment, and there is no mention of victims.
Yes, so the punishments in our dynasty are various, but there is no law on compensation."
Having said this, he suddenly asked: "That's right! What was the question you just asked?"
Cai Bian hurriedly said: "It's about tax issues."
Everyone also woke up.
That’s right! We asked this question, how did it get involved?
Zhang Fei asked: "Is the tax law written into Song Xingtong?"
"Yes."
"Song Xingtong is a legalist law, and the tax law in it is naturally a legalist law. Of course, the national interest is the only one, and the country can collect as much as it wants. There is no legal system here, so the answer is
, the people must pay taxes even if they impose arbitrary taxes, which is not inconsistent with the legal system at all."