Xu Zhiqian never understood before why big figures like Fu Bi and Sima Guang thought Zhang Fei had the ability to found a sect.
In fact, Zhang Fei did not hide it from her and truthfully told her the concept of legal system.
But she still didn't realize that it contained some amazing thoughts.
Until after this class...
Just hearing the conclusion and participating in the derivation process are completely different feelings.
The essence of the entire thought is actually in the process of derivation. If you only listen to the conclusion, you will not feel very surprised, because what Confucianism says on the surface also contains many thoughts on serving the people.
Only through the derivation process can we feel that these are two completely different ideas.
Compared with those students, Xu Zhiqian also has a huge advantage, that is, she can still stay with Zhang Fei after class.
After getting on the carriage, Xu Zhiqian couldn't wait to ask: "Actually, you really should take those students to revise the laws and regulations in "Song Xingtong"."
Zhang Fei asked: "Why?"
Xu Zhiqian said: "Didn't we talk about this issue before? How many people can an Erbi redress? That's why I want to be an official. But compared to being an official, a law that truly considers the people can help more people.
People!"
"you are right."
Zhang Fei smiled and nodded, "But you overlooked one thing."
Xu Zhiqian asked: "Which point?"
Zhang Fei smiled bitterly and said: "That's my ability!"
Xu Zhiqian rolled her eyes at him and hummed: "Now that things have happened, you still want to hide it from me."
Zhang Fei shook his head, "I'm not hiding it from you, and I'm not being modest. Amending laws and formulating laws, as I told you in class, are two different things.
Amending laws requires a wealth of experience, experience, unparalleled wisdom, and careful thinking. I don't have any of these things. I can tell them what principles should be followed in litigation, but I can't write them with pen.
Come up with a written law."
Xu Zhiqian glanced at him and saw that he didn't seem to be lying, so she said, "Is it true?"
Zhang Fei nodded, "You said it yourself, a good law can prevent more unjust, false and wrongful cases than a good official, but it is also a double-edged sword. If the law itself has huge problems
, that will harm a lot of people.”
Having said that, Xu Zhiqian also felt that she was thinking too simplisticly. She knew Zhang Fei's minor problems better than anyone else. She then asked: "Then do you think the government will support your legal approach?"
Zhang Fei shook his head and said, "I'm not sure about this."
To be honest, Zhang Fei does not have this ability. Talking about the concept of legal system and actually putting pen to paper to practice it are two completely different tasks.
He cannot directly copy the laws and regulations of later generations, because the objective environment is different, let alone the emperor, just talking about the crime of stealing, if the laws of later generations are copied, the number of thieves will definitely increase.
Because these days, there are not many jobs for you. If you want to move bricks, there are no bricks for you to move. You can only do hard labor. There are two consequences, either death of exhaustion or death of starvation.
Based on this situation, if the cost of stealing is lowered, a large number of people will definitely do it.
A contract is only a relationship between two people, and Zhang Fei can handle it, but a regulation affects tens of millions of people. If you don't have enough experience and a deep understanding of this society, you won't be qualified for this job at all.
It is very, very easy to criticize something. Both Confucius and Mencius were scolded bloody, but just because you can criticize does not mean that you can do better than the other person.
The meaning of criticism is often to push that person to do better, rather than based on the principle that I can do whatever I want.
In terms of his own profession, Zhang Fei still has a very clear understanding of himself.
Palace.
"What do you think of this legal system?"
When the young emperor Zhao Xu returned to the palace, he asked the prime ministers with great interest.
All the prime ministers glanced at each other.
Wen Yanbo was the first to speak: "It is undeniable that this legal system does have many thoughts worthy of our deep thought."
Zhao Pian also said: "If we look at the legal system, our laws do have many shortcomings."
Lu Gong wrote: "In fact, some of the laws of our dynasty also contain the idea of law in the rule of law, such as the family that eliminates property and the family that dies and sells money and goods, which do not involve punishment, but use the law to deal with people.
The relationship with property is also unprecedented in previous dynasties.”
Although "Song Xingtong" is almost the same as "Tang Lv Shu Yi", the Song Dynasty was the first to legislate private inheritance, and it was also the first in the Song Dynasty to explicitly stipulate that women have the right to inherit. Although the conditions are very harsh, this is also
A kind of progress.
This is still related to the business environment of the Song Dynasty.
The idea of legal system was easier for people in the Song Dynasty to accept and understand.
Wang Anshi smiled and said: "It can be seen that the appearance of the legal system in our dynasty is not a coincidence!"
Zhao Xu nodded and said: "Since everyone expresses your appreciation for this legal system, then the court should consider whether it is time to revise the law based on the legal system."
He is a pure activist. If it is indeed valuable, then use it. It is not his style to look forward and backward.
"The law is related to the foundation of the country and cannot be changed at will. Officials are asked to think twice before acting." Wen Yanbo immediately poured cold water on it.
Zhao Xu's expression changed slightly and he remained silent.
Can you not sing the opposite tune?
Wang Anshi immediately stood up and said: "The situation in our dynasty is very different from that of the previous dynasty, but the laws of our dynasty have always followed the laws of the Tang Dynasty. At the beginning of the founding of the country, it was able to help Taizu Taizong stabilize the country, but now
At this moment, we should formulate laws that suit our dynasty."
Zhao Pian immediately retorted: "Although the situation in our dynasty is different from the previous dynasty, it is still similar in general, and there is a pardon order to supplement it."
Wang Anshi said: "Xiang Zhao's words are reasonable. The officials can use the pardon order to make adjustments without modifying the Song Dynasty's criminal system."
Zhao Pian said mercilessly: "The official amnesty order should also be used with caution. The weight of the law is beyond our ability to bear. If the order is changed overnight, it will only make the law lose its authority. This is to ignore the original and ignore the weak."
Sima Guangdu stood up and said: "The officials, just relying on Zhang San's three lessons, have to amend the law. This is too childish, and it is difficult to convince the public!"
Wang Anshi immediately retorted: "In that case, do you still propose reform of the official judicial system?"
Zhao Xu also looked at Sima Guang with a little dissatisfaction.
Isn't it you who did this?
Sima Guang immediately said: "I am proposing adjustments to the judicial system, rather than revising the laws and regulations of the Song Dynasty. This cannot be confused."
Except for Wang Anshi, who was in favor, almost all the other prime ministers were against it.
Because since the founding of the Song Dynasty, the "Song Xingtong" has been almost untouched, and all supplements have relied on the emperor's pardon. On this point, the ministers still have a consensus.
Once any regulations are written into Song Xingtong, they should not be changed easily.
They all believe that the key to a law is its authority, and whether it is good or bad is only secondary. Moreover, after hundreds of years of research and practice, the laws and regulations in "Tang Lv Shu Yi" will not be much worse no matter how bad they are. But if they are arbitrary
If it is changed, the law may lose its authority.
But Shenzong was a reformist, and he wanted to change. In the two years since he came to the throne, he had actually used pardons many times, and many times they were rejected by the political hall, which made him very unhappy.
But this also aroused the minister's defensiveness.
With the frequency of your pardon, if you want any more laws, just let your emperor say whatever you want.
If we extrapolate from historical results, Shenzong's excessive issuing of pardons and citing precedents also caused almost irreparable damage to the judiciary of the Song Dynasty.
Many people often don't understand why a very reasonable law that is simply impeccable may take more than ten or twenty years of discussion before it can be promulgated.
As a result, there has always been a serious lag in the law.
The reason is this.
Because once the law changes to keep pace with the times, changing it today, tomorrow, and the day after tomorrow, the result will definitely become worse, not better.
The law has become very perfect, but no one obeys it.
What's the point?
Zhao Xu didn't agree with this. He thought you old guys were just on guard against me and wouldn't let me have the final say. He suddenly looked at the silent Fu Bi and asked, "What do you think, Mr. Fu?"
"
Fu Bi glanced at Zhao Xu, then at his colleagues, thought for a moment, and then said: "The official family, as Zhang San said in class, the legal system is completely different from the Song Xingtong. If the official family uses the pardon order,
To promote the legal system, it will only lead to conflicts between the pardon order and the Song Dynasty punishment system, which will lead to chaos in the world."
Seeing Fu Bi's status, Zhao Xu fainted and nodded, "What Mr. Fu said makes sense, but I didn't think about it."
Fu Bi immediately said: "But I also agree that the concept of legal system is indeed superior to Song Xingtong. Since ancient times, countless wise ministers have often suggested that monarchs govern the country with benevolence, but in most cases, despite benevolent governance, the people
The reason why we have heard it but not experienced it ourselves is that there has been no thought of protecting the rights and interests of the people in the laws since ancient times. As a result, the monarch's benevolent government cannot be fully implemented, and even turns into tyranny in the hands of corrupt officials.
The rule of law may be able to avoid this.”
Wen Yanbo, Zhao Peng and others couldn't help but look at Fu Bi in surprise.
Zhao Xu nodded and said confusedly: "I wonder what Mr. Fu thinks?"
Fu Bi said: "I very much agree with what Xiang Zhao and others said. The law cannot be changed frequently. In a stable country, the law must also be stable. But I also believe that the concept of legal system can indeed make the country more stable."
Stability and prosperity.
Therefore, if His Majesty wants to promote the legal system, he must regard it as a top priority for the country, order it to be announced to the world, and at the same time formulate a detailed set of rules for revising the law, and gather talents from all over the world to revise it. Otherwise, it is better not to do it at all.
Do."
The implication is that I support the rule of law, but Zhao Peng and others are right. The law cannot be changed frequently. If you want to change it, you can't just say it and it will be done. It must be given a high priority and it must be regarded as a top priority for the country.
.
Because in this case, it cannot be regarded as a simple modification, but requires the use of state power, which will be difficult for future generations to imitate. If you have this spare time, you might as well do something else.
If this was Renzong or Zhenzong, I guess it would be fine. You are really playing too big a game here.
But Zhao Xu was very ambitious. Emperor Wu of the Han Dynasty had done this, and so had Emperor Taizong of the Tang Dynasty. Both of them were beyond their ancestors.
If this step can be successful, his status will be greatly improved.
Although Wang Anshi and Fu Bi dislike each other, he firmly supports Fu Bi. If you want to change Song Xingtong, then my reform will become more reasonable.
The Xingtong of the Song Dynasty was really changing the laws of the ancestors.
On the contrary, Wen Yanbo, Sima Guang, Zhao Bian and others felt worried.
Brother!
Are you a little impulsive?
Zhao Xu thought for a moment and asked Fu Bi, "Is Mr. Fu willing to take on this important task?"
Fu Bi cupped his hands and said: "If the officials do not mind that I am old, I am willing to dedicate myself to my life and die. However, this is a national matter and needs to be discussed at the court meeting."
Zhao Xu nodded slightly and said, "Okay, let's think about it again and see if it's feasible."