Chapter 382 The essence is still a dispute between two laws
Don't laugh!
Indeed no one laughed.
Both the students and the ministers looked at the wooden board blankly.
"Official! This is a good idea. Let's not say whether it is feasible or not, but at least it sounds like there is no problem."
Empress Dowager Cao whispered to Zhao Xu.
Zhao Xu replied: "My grandson doesn't think there is a problem, it's them who say there is a problem."
Queen Mother Cao glanced at those ministers with disgust and murmured in her heart, it seems that they are still a little too idle!
But the ministers are also feeling miserable!
Zhang Fei has never mentioned this issue before.
Zhang Fei was only elaborating on the concept of the legal system and legislative thoughts, but did not closely link the legal system and the monarch.
Because he was just giving lectures at that time, it was just about learning, so Zhang Fei kept making analogies between the Legalist method and the Confucian method. He did not suggest that the emperor do this, and he did not have the qualifications.
Everyone has not thought of this aspect.
But if the emperor wants to do this, it will immediately become the emperor's protection of the people.
Is it wrong for the emperor to protect the interests of the people from being violated?
But Zhang Fei had never mentioned this issue at all before. He was not dealing with the emperor, but with students. He could only say that ministers could use this statement when advising the monarch.
This is why Empress Dowager Cao, who came to attend the class on the first day, felt that this guy spoke very well, but after listening to the class for a few days, she felt a little confused.
"Ahem!"
Fu Bi suddenly stood up and said: "It is certainly not wrong for a monarch to protect the legitimate interests of the people, but if it is really used to legislate, it will also conflict with the general ethics.
For example, if a wife accuses her husband, even if it is true, she will be punished for two years according to the law. This method follows the three cardinal principles and five constant principles, but it goes against the concept of the legal system, because according to the legal system, relatively speaking, both ends of the law are equal.
Yes, but the Three Cardinal Principles and Five Constant Principles are not equal."
The other ministers reacted immediately and nodded frequently.
Fu Bi said very straightforwardly that people are unequal. This is also the core of Confucianism and the biggest contradiction with the legal system.
Zhang Fei smiled and said: "What Mr. Fu said makes sense, but now the students and I are discussing whether we are violating the law or not?"
us?
Not you?
Shangguan Jun and others only think of Alexander!
Wen Yanbo said: "The Yushitai only asked you to interrogate and did not convict you. Otherwise, how could you stand here. The Yushitai also has the power to do so."
"I very much agree with what Mr. Wen said."
Zhang Fei nodded and said: "I am just explaining the reasons why I am not guilty. I absolutely do not think Yushitai made any fault in this case."
Wen Yanbo was surprised: "Is this true?"
"Absolutely true!"
After saying that, Zhang Fei said to those students: "Do you know why?"
Those students all shook their heads.
Zhang Fei explained: "Because the greater the power, the greater the responsibility. Officials hold power, and a small mistake may hurt many people. This requires stricter supervision. If I were a common person,
I will definitely go to court with the Yushitai, because I think I am innocent.
But now that I am an official, he must face these, so now I just explain that I am not guilty, but I will never deny Yushitai’s actions. Not only that, if the officials want to punish Yushitai for this, I will
I will also stand up and speak out for Yushitai."
Jiang Zhiqi, Peng Siyan and other Taiwan admonishment officials looked at Zhang Fei in surprise.
Are you sincere?
But it sounds so hypocritical!
Shangguan Jun questioned: "But wasn't the teacher also mocking Yushitai just now?"
Zhang Fei smiled and said: "What do you know? It's called fun. This also proves that I am not angry about it. It has been a while since I came out, but have you heard that I clamored to appeal? Where can I go?
Are you making a fuss? I just quickly started this class and explained the problem clearly. I have no resentment at all towards Yushitai. And..."
He looked at Jiang Zhiqi and Peng Siyan, "Jiang Yushi and Peng Yushi can also testify for me. I am very cooperative with the Yushitai's investigation. I will say whatever they ask, without any lies or falsehoods."
Everyone immediately looked at Jiang Zhiqi and Peng Siyan.
Jiang and Peng were silent.
During the interrogation process, Zhang Fei was indeed very cooperative, even betraying his father-in-law very directly, without even half a second of hesitation.
The trial was completed very quickly.
By remaining silent, they acquiesced.
The students looked at each other.
It seems to be the same thing.
Zhang Fei didn't make any noise, nor did he go to Kaifeng Mansion to play drums. They didn't know that Li Kai was really panicking in those days. According to Zhang Fei's personality, he must come to complain. This kid is bound to retaliate.
.
"but."
Zhang Fei suddenly said again.
Everyone immediately looked at Zhang Fei with contempt.
as expected.
There is a "but".
Zhang Fei smiled and said: "You can't do this when facing the people. You can't arrest people just because they said such a thing. You still have to provide evidence and follow the judicial process.
There is a huge difference between saying something while standing in the Imperial Academy and saying something standing on the edge of a field. Can you understand?"
The students nodded slightly.
But the surrounding officials felt like they wanted to curse, but couldn't.
Who the hell told you that you don’t need to provide evidence when arresting our officials?
This is a complete double standard!
But they are still in trouble.
This guy is really bad!
Mr. Lu heard the implication and exclaimed: "This brat hasn't changed at all, he's still as bad as ever."
Zhang Fei asked again: "Do you think what I said makes sense?"
The students hesitated for a moment, then nodded.
Zhang Fei suddenly looked at Fu Bi, "Does Mr. Fu think what I say makes sense? Supervision of officials should be stricter than supervision of the common people."
Fu Bi nodded and said, "It should be so."
Zhang Fei retreated to the wooden board, "Then do you think my statement violates ordinary ethics?"
Fu Bi couldn't help but frown. He, who was always eloquent, couldn't answer at this time.
This chapter is not finished yet, please click on the next page to continue reading the exciting content! Wang Anshi smiled and said: "Wonderful!"
Sima Guang was silent.
Shangguan Jun replied: "Of course it doesn't violate it."
Zhang Fei asked: "How do you say this?"
Shangguan Jun said: "The king is the guide for his ministers, the husband is the guide for his wife, and the father is the guide for his son. It is from top to bottom. The king should set an example for his ministers, the husband should set an example for his wife, and the father should set an example for his son. Naturally,
The requirements for the king, husband, and father are higher, isn’t this what the teacher said before?”
Zhang Fei asked again: "Then why is the wife not allowed to sue her husband? Isn't this condoning her husband's breaking the law?"
"this...."
Shangguan Jun looked at his classmates asking for help again.
They now have a clear consensus that when facing Zhang Fei's problem, they must unite as one, otherwise, they will be completely unstoppable.
Cai Jing said nonchalantly: "As the saying goes, it is difficult for an upright official to settle family affairs. There will always be conflicts between monarchs and ministers, between husband and wife, and between father and son. If both sides are justified, one party will inevitably give in. In this way
Only then can we live in peace with each other. If there is no consistent ethics, quarrels will inevitably intensify."
Everyone nodded.
Well said!
That's the truth.
"It makes sense. This can indeed reduce many quarrels and make the country and family more harmonious and happy."
Zhang Fei also nodded and asked: "Suppose the husband drinks every day and does not go out to work. He relies on his wife to make money to support the family. When he is drunk, he beats his wife every day. He does this every day for a year and beats her until she is double.
If you are blind, do you think your wife is breaking the rules by filing a complaint?"
Cai Jing immediately said: "This is just an individual case and cannot be generalized."
"Don't worry about it."
Zhang Fei said: "Let me ask you, do you think that in this case, if your wife files a complaint, does it count as breaking the rules?"
Cai Jing hesitated for a while, shook his head and said, "I don't think this can be regarded as breaking the rules."
Zhang Fei asked again: "Do you have any different opinions?"
The students shook their heads and said no.
It's all so miserable. Those who hear it are sad, and those who see it cry. If you want to have the final say, what is Tsuna Chang doing? Even if he is, he can't say it, not to mention that the Queen Mother is still sitting next to him.
Queen Mother Cao was also a tomboy when she was young!
Zhang Fei asked again: "If I put my words under this regulation as a comment, would it violate the rules?"
Everyone shook their heads.
Zhang Fei said: "What about being blind in one eye?"
Everyone shook their heads.
"What about a broken finger?"
Continue to shake your head.
"My wife is beaten every day with bruises and bruises on her nose and face, and my wife is only allowed to eat one meal a day, but her life is not in danger. If my wife goes to sue the officials, does it violate the ethics?"
Still shaking his head.
Yan Fu couldn't help but said: "All the examples you cited are special examples. Such a cruel and violent husband is really rare."
Zhang Fei asked with a smile: "Do you think it's worth it, Dr. Yan, to exchange an innocent life for twenty words?"
Yan Fu hummed: "Governing a country is not as simple as you think."
"Therefore, wisdom and diligence are more needed than expressions of helplessness."
Zhang Fei shrugged slightly and returned to the podium, "In this case, everyone knows that it is not against the general ethics for the wife to sue the official, but why not add one more caveat? This is very puzzling, but In fact, we have already mentioned the reason in the previous class. Can any of you answer it?"
"Have it?"
Cai Bian asked with wide eyes.
Zhang Fei nodded and said, "Of course!"
The students communicated with each other with their eyes, and then looked at Zhang Fei blankly.
Teacher, really not!
"Alas...I am such a failed teacher." Zhang Fei sighed in disappointment, "What kind of law does Song Xingtong belong to?"
"Legalist Law."
The students said in unison.
"good!"
Zhang Fei nodded and said: "What is the difference between it and the legal system?"
Everyone responded in unison: "Lack of protection and defense."
Zhang Fei said again: "Compare this law with this case, do you understand?"
The students suddenly understood and nodded their heads.
Empress Dowager Cao, who came to class on the first day, was confused by what you were all talking about. It can be seen that Zhao Xu was also very absorbed in listening and couldn't bear to disturb him.
Zhang Fei said angrily: "Then you couldn't answer just now."
The students were all ashamed and speechless.
"You need to keep your brain alive. Memorizing by rote is not a skill."
Zhang Fei shook his head and said: "Obviously, this law only provides punishment and no protection. So according to the legal system, should it be revised?"
The students nodded.
Zhang Fei asked: "How to modify it?"
The students looked at each other in pairs.
"Didn't I teach you how to do it? What should you consider first?"
"...?"
"Um?"
Zhang Fei frowned and looked at them.
Cai Bian hurriedly said: "We must first consider whether it directly and seriously harms the interests of the country and the monarch?"
"It really scared me to death. I remind you again, if you don't consider this first, you will have big problems."
Zhang Fei breathed a sigh of relief and added: "If the interests of the country and the monarch are harmed, punishment must be imposed. Then if the wife in this case goes to the government, will it directly harm the interests of the country and the monarch?"
Everyone shook their heads.
"Of course not. It may also increase the government's credibility."
Zhang Fei asked again: "But if a wife quarreled with her husband, was slapped in the face, and then went to the government to file a complaint, would this directly and seriously harm the interests of the country and the monarch?"
The students seemed very hesitant, as if it hurt, but it didn't seem to hurt.
Jiang Zhiqi looked very anxious and said: "If we condone this situation, it will violate the general principles and turn everything upside down, which will definitely harm the interests of the country and the monarch."
Zhang Fei smiled and said: "What does Jiang Yushi mean by asking the government to make the decision, will it seriously harm the rights and interests of the country and the monarch?"
Jiang Zhiqi immediately said: "That's not what I meant. What I meant is that if a wife is allowed to sue her husband, it is encouraging the wife to sue her husband. This is not in line with the ethical thinking."
Zhang Fei said: "I didn't say permission either!"
Jiang Zhiqi asked: "Then what do you mean?"
This chapter is not finished yet, please click on the next page to continue reading the exciting content! Zhang Fei said to a group of students: "I'll give you a chance to show off. Can any of you explain it to Jiang Yushi?"
Cai Bian stood up and said: "Chiang Yushi, what we are discussing is not whether punishment should be given, but what kind of punishment should be given, and whether punishment should be used to solve such problems.
The criterion for judgment is whether such things will directly and seriously harm the interests of the monarch and the country. If so, punishment must be adopted, but if not, it will be based on the situation to safeguard the legitimate rights and interests of both parties."
Jiang Zhiqi asked: "How to maintain it?"
Cai Bian further explained: "If a husband beats his wife without reason, the wife's rights and interests should be protected according to the legal system."
Jiang Zhiqi hummed: "How to protect? Is it to punish the husband?"
Cai Bian said truthfully: "It depends on the situation. If the interests of the country and the monarch are not harmed, or the circumstances are minor, no punishment will be given. The husband may just be given a verbal lesson or a warning. But if the wife
It’s unreasonable, and the same goes for it.”
Jiang Zhiqi's face turned dark.
Many ministers also looked unhappy.
This doesn't mean you took off your pants and farted. If you don't punish me, it means you're allowing it!
Both ends are still equal!
What we demand is inequality, not reasoning.
Understand?
I understand! Don't worry. Zhang Fei suddenly asked: "What if the wife beats the man? The plot is not very serious."
Cai Bian was immediately stunned.
I just feel that those censors are nothing compared to teachers.
Zhang Fei clicked his tongue: "Don't be in a daze! It's still the same reasoning. Consider first whether it will harm the rights and interests of the country and the monarch."
Everyone shook their heads subconsciously.
"No?"
Zhang Fei rolled his eyes and said: "This wife has already beaten her husband. It must be against the rules. How can it be possible without hurting the rights and interests of the country and the monarch? What are you all thinking?"
Cai Bian said: "It is against the rules for a wife to accuse her husband."
Zhang Fei clicked his tongue: "That is the government under Legalist law. Didn't we mention this issue in the last class? Why are the people unwilling to go to the government? Because the only thing the government can give them is punishment and revenge, so
For a wife to sue her husband is an act of revenge, which is of course against the law.
But under the legal system, the government has the intention to protect the rights and interests of the people, and the wife seeks protection. It does not mean that she wants to retaliate against her husband or harm her husband. How can it be against the rules?"
That's right! How could you forget this? Oops...our brains...
In this winter, all the students are sweating profusely!
This was not the case in previous classes. As long as the teacher said something, I could quickly remember it and use it freely. But once I started this class, I couldn't answer anything and had to ask the teacher for guidance.
If you want to explain it this way, everything makes sense and is indeed not against the rules.
When a husband beats his wife, the wife goes to the court to seek protection. This is not against the rules, right?
But on the other hand, if a wife beats her husband, it becomes a violation of social norms and is a penal crime.
So there is still a difference, men are still superior to women, but there is an extra layer of protection.
Zhang Fei asked again: "If a wife beats her husband, how should she be punished according to the legal system?"
Ye Zuqia said: "Of course it will be severely punished?"
Zhang Fei glanced at him and asked, "Is there any other answer?"
The students did not dare to nod easily.
When Jiang Zhiqi saw that the students didn't dare to answer, he felt really sad and asked, "Do you have any other answers?"
Zhang Fei ignored him, but looked at the students. Seeing that no one spoke, he pointed at them and said: "You! What a legalist style. You must remember that the law of law is based on the concept of protection. Wife
When beating a husband, if the circumstances are not serious, the government must follow the husband's wishes.
Why? Because punishing the wife is also punishing the family. The husband is also a member of the family and may also be harmed. The government wants to protect the husband and defend the ethics, not to hurt him. You must
Always remember to defend your legitimate rights and interests, and don’t always think about punishment, punishment, punishment.”
The ministers were all dumbfounded. You are really good at chatting. Even if you chat for a long time, you will probably avoid the punishment of the government.
Queen Mother Cao's eyes lit up when she heard this, she nodded frequently and said, "This guy is really knowledgeable."
Zhao Xu smiled and said: "Otherwise, we wouldn't have attracted such people to listen."
Queen Mother Cao nodded.
Zhang Fei added: "Then we should be able to draw a conclusion now. Is there any contradiction between the legal system and the ethics?"
The students nodded first and then shook their heads.
Fu Bi was also confused. Are you going to answer the question now?
Zhang Fei clicked his tongue and said, "Is there any?"
Ye Zuqia said: "No...no."
In fact, he doesn't know about it at all, but if he did, you Zhang San would be finished.
Definitely not.
"of course not."
Zhang Fei said: "The case just now made it very clear that the essence is still the contradiction between the legal system and the legalist law. So the second content of our class is to discuss the ethics under the legal system."
"ah?"
The students opened their eyes wide.
Wang Anshi covered his face and laughed, "This guy is really a genius."