With in-depth discussion, everyone agrees more and more with what Fu Bi said. This legal system does contain a brand-new idea.
What is thought is to be able to explain the relationship between all things.
As for taxation, Legalism relies on power, using the king's rewards and punishments to urge the people to seek benefits and avoid harm; Confucianism adds benevolence and righteousness to power, and uses moral rule to educate the people, while the rule of law adds personal rights and interests.
The first two are both from the perspective of the monarch and the country, but the latter is more about highlighting the individual.
In comparison, the legal system is obviously more complicated.
Because it is much easier to maintain only one group than to maintain two groups. The key is that the two groups are inextricably related.
Everyone understood it, but they were even more confused.
Cai Bian asked: "Teacher, you said that the laws and regulations in "Song Xingtong" belong to the Legalist method, so it makes the people afraid. If the laws are based on legal system, how should the regulations be revised?"
Everyone looked at Zhang Fei in confusion.
Yes.
What you said makes sense.
But what about feasibility?
Since ancient times, all laws and regulations have been designed to safeguard the monarch's rule. To highlight personal interests, laws and regulations must be modified. This is without precedent.
Fu Bi had thought of this contradiction before. Song Xingtong literally ruled by punishment, which was definitely contradictory to the legal system.
How to change this?
"I don't know either."
Zhang Fei spread his hands, but then he said: "I might as well try to introduce legal methods and see what happens."
He came to the wooden board and wrote the words "Song Xingtong" on the wooden board, "We have just discussed it, what interests does Song Xingtong protect?"
Everyone answered in unison: "The country and the monarch."
Zhang Fei asked again: "Where is the legal system?"
"Personal legitimate rights and interests." Everyone stood up again and replied.
This kind of highly participatory teaching makes some students very fascinated. Zhang Fei's class has never been about the teacher talking and the students listening, but the teacher and the students exploring together.
It’s a full sense of participation.
Zhang Fei also wrote "the law of the legal system" and "the legitimate rights and interests of individuals" on the side, making a comparison: "Does the law of the legal system safeguard the interests of the country and the monarch?"
".!"
The students suddenly fell silent.
"Hey Hey hey!"
Zhang Fei said hurriedly: "Your silence is hurting me! If you don't defend yourself, please answer quickly."
"Maintenance."
"Of course we will maintain it!"
Zhang Fei said eagerly: "Is there any need to think about this? Protecting the interests of the people of the Song Dynasty is not safeguarding the interests of the country and the monarch? The two are subordinates. What are you thinking about?"
The students looked embarrassed and apologetic.
After just a debate, the legal system in their minds became a pure means of safeguarding personal interests.
But their silence is indeed fatal!
The official family is right behind!
Zhang Fei asked again: "Under the legal system, should the interests of the country and the monarch come first, or personal interests?"
"Personal interests."
"It's over!"
Zhang Fei rubbed his forehead and said, "Have you been listening to the lecture? The legal system is derived from a consensus to defend the legitimate rights and interests of individuals. To put it simply, it means to defend the legitimate rights and interests of individuals on the basis of consensus.
If there is no consensus and only personal rights and interests, then you can smash, smash, loot and burn, as long as you are happy and as long as you are willing. This situation often occurs when a country is destroyed."
This sentence has been repeated hundreds of times, and the students seem to have not understood it thoroughly, so none of them answered it correctly.
It sounds simple, but when put into practice, it becomes extremely profound.
Zhang Fei added: "If the legitimate rights and interests of individuals in this sentence are erased, what are they?"
"The Legalist Method."
"yes!"
Zhang Fei said: "But the legalist method can still make Qin unify the six countries. If you erase the consensus, the monarch and the country will be gone. Who should come first? Of course, the interests of the monarch and the country should come first."
.You people!”
He shook his head helplessly and said: "After confirming this, let's take a look at how these regulations should be modified based on the legal system?
Let’s take the law of thievery as an example. A thief sneaks into your house and steals a lot of money. Is this infringing on the interests of the monarchy and the country, or is it personal interests?”
Ye Zuqia said: "This should be an infringement of personal interests."
Zhang Fei said: "That means it has nothing to do with the interests of the country and the monarch?"
Ye Zuqia added: "It also infringes upon the interests of the country and the monarch."
"Be decisive. There is no need to think about it. This must be against the interests of the country and the monarch."
Zhang Fei said: "If it has nothing to do with the interests of the country and the monarch, that is to say, as long as the thief went to your house just to look at it, found that there was nothing he wanted, and then left. He neither took your money nor harmed you, it is not illegal.
?
Burglary not only poses a threat to your property, but may also pose a threat to your life. Regardless of whether he steals or not, this country may be over if left alone.
But at the same time, does it infringe on personal rights?"
Everyone nodded.
Zhang Fei said: "In other words, both are taken into consideration. This thief has violated the interests of the country's monarch as well as his personal rights. According to the legal system, how should he be sentenced?"
Cai Bian said: "We must not only bear the punishment, but also compensate for personal losses."
"It stands to reason that this should be the case." Zhang Fei nodded and added, "Let's talk about the classic case from the Han Dynasty just now. The landowner wanted to use a cow to compensate, but what were people's views on this at the time?"
Shangguan Jun replied: "People think that trampling on crops is already a serious crime. They have already been punished and they should not be allowed to pay compensation."
"Does it make sense?" Zhang Fei asked.
None of the superior officials said a word.
"Of course it makes sense. If trampling on crops is a capital crime, you would kill me and ask me to pay compensation. This is really too much."
Zhang Fei said: "If you read similar cases, you will find that although there have been no compensation regulations since ancient times, there is a very important idea. Do you know it?"
Everyone looked at each other.
Zhang Fei shook his head and said: "Look, you are all studying rote books. If it is not written in the books, you will not know."
Is there any? Zhao Xu recalled it, but he had no clue, so he looked around and said, "Do you know?"
Xu Zun replied: "It's about paying without being punished, and being punished without being punished."
"Yes, it's just repayment without punishment, punishment without repayment."
Zhang Fei nodded and said: "You should go back and take a closer look. In many cases, if there is compensation, there is no need for punishment. If there is no punishment, then there is no need for compensation. But the law based on the legal system must take into account the interests of the country's monarch.
You have to be punished, but at the same time you have to take into account personal interests and compensate for personal losses. Isn't this too much?"
Everyone nodded.
Zhang Fei asked again: "What should we do?"
Shangguan Jun said: "Yes. The penalty can be reduced."
Zhang Fei smiled and asked: "Why not reduce the compensation? We just made it very clear that the interests of the monarchy and the country must come first."
"Well."
Shangguan was immediately stunned.
Other students were also very confused.
It seems that the compensation cannot be reduced.
Zhang Fei said: "If there is only punishment but no compensation, what is it just protecting?"
"The interests of the country and the monarch."
"What if there is only compensation but no punishment?"
"Personal interest."
"ah?"
Zhang Fei smiled and asked: "The country asked him to compensate the victims for their losses. Doesn't this include national interests?"
"Package contains."
“Of course it’s included!”
Zhang Fei said: "The state compensates the victims for losses, and of course it is safeguarding national interests. Therefore, the reduction must be a penalty, not compensation. Because reducing compensation will cause a lack of personal interests. National interests include personal interests, and national interests will also
What is missing is gained. And by reducing some penalties, the national interest is not lost, and may even be increased, because it has gained the gratitude and recognition of the victims.
Then the question comes again. If the thief breaks into the house and finds that the owner is more pitiful than himself, so he gives up, but is caught again when he goes out. As far as this case is concerned, he did not steal anything, and the owner has no loss. He needs compensation.
There is no way to talk about it, we will only face punishment. Based on what we said before, should this punishment be increased?"
Everyone shook their heads in unison.
Zhang Fei smiled and asked: "Why?"
Shangguan Jun said: "Because it doesn't make sense in theory. He didn't steal anything or hurt others."
Zhang Fei nodded and said: "The legal system emphasizes legitimate rights and interests. What is legitimate is fairness and justice. This principle cannot be violated.
Let’s go back to the case of the Han Dynasty. Trampling crops is a serious crime. The people depend on food, so protecting crops is to safeguard national interests. In this case, the farmer’s cattle accidentally trampled crops. Did this infringe upon the country and the country?
The interests of the monarch?”
Cai Bian said: "It depends on how the laws stipulate it?"
Zhang Fei asked: "How do you think it should be regulated?"
Cai Bian said: "It depends on whether he did it intentionally or unintentionally. If it was unintentional, he should be sentenced lightly."
Zhang Fei suddenly flipped through the small book, "The Qin Dynasty stipulated that if you illegally collect mulberry leaves from others, you won't make a penny, is that right? Thirty years ago. In other words, if you illegally collect mulberry leaves from others, even if they are not worth a penny,
, also had to serve in corvée for one month.
If someone deliberately picks a mulberry leaf and then sentences him to a month of corvee service, this is certainly correct according to the legalist law, but based on the legal system, is this right?"
Everyone shook their heads in unison.
Zhang Fei asked: "Why?"
But no one came up to answer.
Zhang Fei said: "When you have no clue, just think about the concept of legal system."
Everyone thought about it, but still had no clue.
Fu Bi suddenly replied: "Personal rights."
Zhang Fei asked: "What do you think Mr. Fu said?"
Fu Bi smiled first, and then replied: "Thieves also have their own legitimate rights and interests."
"I also think so."
Zhang Fei nodded, "To defend the legitimate rights and interests of individuals, there is no clear distinction between whether the person is the perpetrator or the victim. In other words, both sides of the legal system are equal, and the perpetrator also has personal rights.
I didn’t break into the house, I just picked a leaf from the tree. Although I did it on purpose, would this cause much harm to the country? But the country wants to sentence me to one month of hard labor. Is this considered an infringement of my personal rights by the country?
Legitimate rights and interests?
If it were me, I would definitely think that you are just looking for a reason to let me work for the country for free. If the penalties are set like this, tyranny will inevitably occur. Academician Wang does not need to reform the labor law at all, as long as
Make Bianhe Street narrower, put a few acres of farmland next to it, and arrest people for service every day, all for free and with laws to follow."
Sima Guang, Mr. Lu and the others nodded frequently, and a feeling of sudden enlightenment emerged spontaneously.
Their thinking is still the traditional thinking of governance, whether heavy punishment or light punishment is actually aimed at governance.
I never thought about reasoning from personal interests.
But the legal system gives an answer. Heavy regulations will definitely lead to tyranny, and it will be directly stabbed to the end.
Zhang Fei added: "Water can carry a boat, but it can also overturn it; those who have gained the right will get many help, while those who have lost the right will have little help. This fully shows that the interests of the country's monarch and personal interests are closely related.
We have said before that the legalist method adopts the simplest method, while the legal method is relatively difficult. Because you first have to distinguish between personal interests and the interests of the country and the monarch, and at the same time, in many overlapping parts, such as theft,
A piece of mulberry leaf is also theft, so where should it be classified? You have to think clearly whether it is for national interests, personal interests, or both."