Many people feel numb when they look at ancient laws. Whether it is the Qin Dynasty or the Song Dynasty, there are all kinds of tortures. From this point of view, what is benevolent government is absolutely tyranny.
But from a professional perspective, there is actually no absolute relationship between the two.
Because the ancient legal thought is that "law is punishment", the end of all laws is punishment. If you only have hanging, what will happen? As long as you commit a crime, you will be hanged, even if you just pushed someone.
It is impossible without punishment.
Therefore, many, many punishments were set up in ancient times to deal with various crimes.
Based on the principle that law is punishment, there is no problem with this logic. As long as it is changed to a fine, it means more or less. Isn't this normal?
However, punishment is the state punishing individuals, and it is a relationship between the two. It often does not include a third party, that is, the victim. Although some officials will take care of the victim, such as Xu Zun, Song Xingtong did not exist
Personal interests, only national interests.
This definitely belongs to the Legalist method.
And the tax law belongs to the Xingtong of the Song Dynasty, and it must also belong to the Legalist law. According to Zhang Fei's theory, there is no legal system in the Legalist law.
On the one hand, the students suddenly realized that the problems that had troubled us for so many days actually did not exist.
Since there is no legal system, the extortionate expropriation has nothing to do with the legal system.
That also explains why there have been countless examples of excessive taxation and extortion since ancient times, because this can be done in itself.
But on the other hand, everyone feels that this excessive taxation is wrong. Song Xingtong is the basis for excessive taxation, and Song Xingtong becomes the culprit. Does that mean that the legal system can prevent excessive taxation and extortion?
For a while, everyone was very confused.
Wang Anshi chuckled: "I'm really ashamed of this guy's eloquence."
Lu Gongzhu whispered: "Why did Jiefu say this?"
Wang Anshi said: "Isn't he just bragging about his legal system?"
Lu Gongzhu suddenly understood.
"It doesn't make sense."
Yan Fu suddenly said: "Don't you mean that our country is governed by Legalism?"
Zhang Fei hurriedly explained: "I only refer to Song Xingtong, not to the strategy of governing the country."
"Song Xingtong!"
Just as Yan Fuzheng was about to retort, Fu Bi suddenly said: "As far as law is concerned, Legalism and Confucianism are actually roughly the same. Xunzi and Dong Zhongshu also believed that 'evil will lead to chaos, so punishment must be used to control rituals.'"
Yan Fu retorted: "Legalists believe that human nature is inherently evil, and there are only two strategies: reward and punishment; but Confucians believe that people with holy nature are role models for the world, and neutral people have good and evil, so they use virtue to support their good and use punishment to prevent their evil.
.And villains are punished severely to punish their evil deeds."
Fu Bi saw Yan Fu blowing his beard and glared, and quickly explained: "Confucianism and law are very different. I am only talking about the law relative to the legal system."
In the face of the legal system, Confucianism and Legalism seem to have similarities.
Yan Fu snorted: "What kind of legal system is there? How can a child with a yellow mouth know how difficult it is to govern the world?"
Fu Bi refused to argue. He was really tired of the debate between Confucianism and Legalism. He was now focused on the legal system.
Ye Zuqia suddenly asked: "According to the teacher's words, the legalist law makes excessive taxation and expropriation legal, so the legal system can prevent excessive taxation and expropriation?"
Xu Zhiqian also looked at Zhang Fei expectantly.
She originally came to find out the secrets of this class, but as soon as she sat on it, she immediately entered the role of a student.
Zhang Fei thought for a while, shook his head and said: "I don't know, I have never experienced the rule of law. If you ask me, who should I ask?"
He can't show that he has seen it before, he has to show that he is an explorer.
this..
Everyone was speechless for a while.
So what are you talking about?
Zhang Fei said: "But we can deduce it and see if we can prevent excessive taxation."
Everyone looked at Zhang Fei eagerly, including geniuses such as Fu Bi and Wang Anshi. They actually had no clue about this.
Zhang Fei thought for a while, then suddenly picked up a charcoal pen and wrote a line of words on the wooden board.
Cai Bian read curiously: "The officials have political laws, and the people follow private contracts."
"right!"
Zhang Fei nodded, knocked on the wooden board lightly, and asked, "What does this sentence mean?"
Cai Bian replied: "The government has systems and laws, and the people also have their own rules of communication. The two are unrelated to each other."
"That's what it means literally, but..." Zhang Fei asked again, "Why is this happening?"
Cai Bian blinked, "This has been like this since ancient times. The state has national laws, and families have family rules. In other words, the government can't control it."
"No! No!"
Zhang Fei shook his head and said: "In my opinion, the real reason is that the people do not want to go to the government, so they establish a set of rules in private, which has nothing to do with politics and law. I remember that when I went to Kaifeng Prefecture to sue the government, Magistrate Lu asked
For my question, he thought I was a fool for running to Kaifeng Mansion for nothing, while other families may not have even been there for three generations."
Lu Gongzhu is here. Thinking of those years, I still feel frightened. He hummed: "Do you think this is glorious?"
"Don't blame me, I just opened my mouth to fool you. And..." Zhang Fei coughed, "And I just want to explain one point, which is why the people are unwilling to go to the government? It's because the people are afraid of the government, right?"
Everyone nodded.
Of course!
Is it okay not to be afraid?
Zhang Fei asked again: "But why are you afraid?"
Cai Jingdao: "Because I might be punished."
"correct!"
Zhang Fei nodded and said: "How did we just say that in the Song Dynasty's criminal system, the final result of all laws and regulations is punishment. When the people go to sue the officials, there is only punishment or no punishment, regardless of whether he is the defendant.
, or the plaintiff, if you meet a wise official, you may punish the perpetrator, but if you meet a stupid official, you may punish yourself.
Based on this, under what circumstances are ordinary people likely to sue officials?"
Cai Bian was not sure and said: "Hate."
"Not bad!" Zhang Fei nodded with a smile and said, "Be more confident when you answer questions next time."
After hearing this, Cai Bian lowered his head in shame.
When I take your class, not to mention my self-confidence, my self-esteem is gone.
Zhang Fei continued: "The people know that the government can only satisfy one of their demands, which is revenge. Only when the people need revenge will they go to the officials. It is hatred that makes them courageous. It can be seen that they
They still risk being fined. But if it’s just a minor dispute, will they still go to court? Of course not, even if they suffer a little loss, forget it.”
This explanation made Zhao Xu, Fu Bi, Xu Zun, and Wang Anshi's eyes brighten.
Don't be shy!
It is a fact that the people are unwilling to sue the officials. Everyone knows this, but they have never thought of explaining this from the laws of Song Xingtong.
I also feel that what Zhang Fei said is very reasonable.
The government only punishes, so if you go to the government, there are only two consequences: either punish you or punish him.
If your parents are killed or your wife is raped, you have to sue even if you have to be punished. But if it is just a little money dispute, who is willing to go there? It is too dangerous!
Ye Zuqia asked: "This is also to establish the authority of the government, isn't it wrong?"
Zhang Fei nodded and said, "I'm not wrong. Legalism is all about authority!"
Ye Zuqia was speechless for a moment.
They all knew that Zhang Fei was talking about Legalist methods, but he was actually talking about Confucian methods.
This cannot be discussed any longer.
Zhang Fei continued: "You have to know that we are not discussing right and wrong, but discussing the legal system together. So from the point of view that the people are not willing to sue the officials, Song Xingtong does not have the qualifications
The concept of defending personal legitimate rights and interests, if you are trying to defend my personal rights and interests, then why should I not dare to go, right?"
Everyone nodded thoughtfully.
Punishment is an eternal consequence, so how can we talk about defending personal legitimate rights and interests?
Zhang Fei added: "To clarify this point, let us now assume that the Song Dynasty's criminal system is based on the legal system and is to protect the legitimate rights and interests of individuals, not just punishment. Then will the official have political law and the private contract of the people still exist?
?”
Everyone shook their heads slightly.
Not sure yet.
This concept is so shocking that except for geniuses like Wang Anshi and Fu Bi, it is difficult for ordinary people to get around it.
Zhao Xu simply remained silent. He didn't even think about his imperial power now. He just came to listen to the class, which was much more interesting than Wang Anshi's class.
"This is just an inference. The exact result may not be obtained. For example, clan law and clan law may still exist. But what."
Zhang Fei said: "People will definitely be more willing to go to the government to resolve disputes. The result I get is not punishment, but compensation for my losses and my personal legitimate rights and interests. Even if someone owes me a few cents and refuses to pay back, as long as it is higher than the legal fees and
Then I will file a lawsuit for the carriage fee. What am I afraid of? Even if it doesn’t succeed, that’s all.
I believe everyone knows that whether the people follow a private contract or the strong have an advantage, no matter how strong a person is, they cannot beat the government. The government is absolutely capable of seeking justice for me.
So the question comes again, why does this government want to defend your legitimate rights and interests?"
Shangguan Jun said: "Isn't this natural?"
"of course not."
Zhang Fei snorted: "Who told you this is natural?"
Shangguan Jun said: "Nowadays, if you encounter theft, you can also sue the officials. Isn't this a matter of course?"
Many people nodded.
Zhang Fei said depressedly: "Are you paying attention to the class?"
"me.."
Shangguan Jun opened his mouth and didn't dare to answer. He really didn't know where he was wrong, but he didn't dare to question Zhang Fei for fear of being hurt by Zhang Fei.
The rest of the people didn’t dare to interrupt. This was quite right and there was nothing wrong with it!
Zhang Fei sighed and said: "I made it clear just now that the current Song Dynasty's criminal system is based on Legalist law. Legalist law is to safeguard the interests of the country and the monarch. Officials must be favored by the official family to be able to serve.
Official, then burning, killing, looting, and the rule of the monarch are related. If he doesn't handle it, what does the official want him to do? He must handle it. This is not a matter of course.
Then again, there is a difference between legal law and legalist law. In addition to the interests of the country and the monarch, one still has to defend the legitimate rights and interests of individuals. So does this also require a reasonable reason? Otherwise, the government will be in vain.
So many things?"
It seems to make sense.
To protect the interests of the officials, official positions are awarded by the officials, and to defend the personal interests of the people, what reason can you come up with? Officials have nothing to ask of the people!
The students looked at each other in confusion and no one answered.
"Collect taxes?" Fu Bi finally couldn't help but speak.
He knew that Zhang Fei was waiting for them to say this, but the students always couldn't understand it, and he looked anxious.
"Tax?"
Zhang Fei glanced at Fu Bi and thought for a while, "Let's reason about it and see if this can be used as a reason."
This guy is really cautious.
Fu Bi smiled.
Zhang Fei said seriously: "Let's go back to the concept of legality, a consensus to defend the legitimate rights and interests of individuals. For example, in the case of stealing, does the saint think that stealing is wrong, so he breaks the law?"
Everyone shook their heads.
"If so, it's not a consensus."
Zhang Fei nodded with a smile and said, "Before there was any law, how did people prevent theft at night?"
Cai Jing said thoughtfully: "It's like in some villages. They send one person from each household to take turns patrolling at night. I believe it was the same in ancient times."
Zhang Fei asked again: "How to calculate the cost of weapons? How to calculate the cost of torches?"
Cai Jing replied: "Maybe everyone can pool some money."
"Are these two similar to taxes?" Zhang Fei asked.
Cai Jing suddenly understood and nodded.
Zhang Fei said: "Looking at it this way, this tax can indeed be used as a reason to enforce the legal system. If this is true, what will happen if you don't pay the tax?"
Cai Jingdao: "If you say this, the government does not need to protect your rights and interests."
Zhang Fei asked: "Then do you pay taxes?"
Cai Jing nodded.
Does he dare to say no?
The official family is right here.
Zhang Fei said: "Of course you have to pay. If you don't pay taxes, your land will be taken away by others, and there may be no one to help you make the decision. Now let's compare the legalist method and the legal method."
As he spoke, he came to the wooden board and wrote "Legalist law" and "Legalist law." "Legalist law only protects the interests of the monarch and the country, and collects taxes based on authority or ability.
Therefore, people are also trying various ways to evade taxes. Anyway, everyone depends on their own ability.
So under the legal system, there is an exchange relationship here. I pay taxes to you, and when I need it, you defend my rights and interests. Obligations come first, rights come last. If there is no obligation, let’s not talk about it.
rights and interests.
This also explains why tax law, when based on legalist law, has nothing to do with personal rights and interests, because there is no relationship between the two, while tax law based on the legal system is closely related to personal rights and interests.
Then the question comes again, as far as the monarch and the country are concerned, which of these two methods is better and which is worse?"
Ye Zuqia said: "Nature is still the Legalist method."
"Why?"
"Because the legalist law is mainly to protect the rights and interests of the monarch and the country."
"That seems to be the case."
Zhang Fei nodded and suddenly asked: "But looking at the current situation, if you don't pay taxes, your parents will be killed, and if you go to sue the government, will the government really ignore you?"
Ye Zuqia thought for a while, "I'll still take care of it."
Zhang Fei smiled and nodded: "I still know how to take care of it, because national interests and personal interests are closely related. It's just that the government won't tell you this now. If you don't pay taxes, if the government doesn't have money, it won't be able to do many things.
Go ahead and take care of it, he will only tell you what punishment you will get if you don't pay taxes.
Therefore, in the eyes of the people, there is only authority but no reward. But the problem is that you have actually done more than half of the things, but the people don't know it. So now which one do you think is better and worse?"
"The law of law."
"It just seems like that." Zhang Fei said.
Ye Zuqia asked again: "What about excessive taxation and excessive taxation? Does the legal system allow excessive taxation and excessive taxation?"
"What do you think?" Zhang Fei asked.
Cai Bian shook his head and said, "It shouldn't be allowed."
Zhang Fei asked: "Why?"
Cai Bian said: "According to what the teacher just said, the tax law is under the legalist law. Any amount collected is legal, just because it protects the interests of the monarch and the country. However, the legal system takes into account individual rights and interests, so the tax law is under the legal system.
Under this circumstance, individual rights and interests must be fully considered, and naturally there will be no arbitrary expropriation.”
"You said it better than I thought."
Zhang Fei nodded with satisfaction.
Cai Bian almost cried. If he remembered correctly, this was the first time Teacher Zhang praised him.
Not easy!
The other students also looked at him with great envy, as if this kid had won the Jinshi.
Xu Zhiqian saw this and couldn't help laughing immediately. He praised you. Are you so excited?
Zhang Fei added: "In addition to this, there are several secondary reasons that may prevent excessive taxation and expropriation. First of all, the main reason for excessive expropriation and expropriation is that the country is poor and needs money.
Take our court as an example. The cost of tax collection in our court is extremely huge. Now the court is trying its best to save tax collection costs. If everyone believes that paying taxes is to defend their own rights and interests, this part of the cost can be saved.
many.
And if more people pay taxes, the tax revenue will increase, and the chance of financial problems will decrease.
Furthermore, when people have this awareness, they may be willing to bear higher taxes when they encounter special circumstances like foreign enemies, because they will have this awareness, and this is also protecting themselves."
Wang Anshi suddenly laughed and said: "You are just daydreaming. Even if it is a legal system, some wealthy gentry and powerful people will not pay taxes honestly."
Zhang Fei said: "Based on the legal system, they will definitely try their best not to pay taxes. This is understandable."
Wang Anshi asked: "Why?"
Zhang Fei said: "According to what we just discussed, under the legal system, paying taxes is a manifestation of the people's defense of their legitimate rights and interests. They have this need, and those powerful gentry and powerful people do not need the government or the court.
, they can protect themselves, they can even stand on their own!"
Zhao Xu smiled and asked: "Why be independent?"
"Uh, nothing?" Zhang Fei smiled and looked at Wang Anshi depressedly.
Wang Anshi suddenly realized it and slapped his thigh: "If you explain it this way, I completely understand. This trip is worthwhile. It is really a worthwhile trip!"
Many people present immediately trembled. If you put it this way, not paying taxes means you have the ability to rebel. What kind of ridiculous legal system are you using? This is a trick to deceive people!
I sweated a lot last night, and I feel much better today. Yesterday I said I had to code 8,000 words, but in the end I only coded over 5,000 words for the previous chapter, so I coded another 5,000 words for this chapter to make up for the number of words in the previous chapter.