Su Zhe looked horrified and immediately stopped him: "Those people don't know the law at all and can only act emotionally. If it becomes the judicial system, it will only disrupt the administration of justice and do a lot of harm without any benefit."
Previously, he thought that Zhang Fei did this just to make his judgment more convincing, and the result was the same. In the end, Zhang Fei became the one who increased the sentence, and his idea was to cater to those who were in the etiquette and legal school.
Received a standing ovation.
It's a clever idea.
But the clever idea can only be used temporarily and cannot form a long-term system.
This is absolutely impossible.
Anyone with a discerning eye knows that Lu Chapo is purely emotional and has no sense.
Cai Bian also said: "No one knew about the teacher's arrangement today. If it becomes a system, it will inevitably breed corruption. It will be easy to bribe these small citizens."
Cai Jing shook his head and said: "There is no need to bribe them at all. With a few threats, they will not dare to speak out. Who would be willing to get into trouble for other people's affairs?"
Shangguan Jun and Ye Zuqiajun also expressed opposition.
Fu Shichun found it a bit interesting, but he didn't speak.
Xu Zhiqian was also a little worried, but since she married Zhang Fei, she rarely opposed Zhang Fei in front of outsiders.
Zhang Fei smiled and said: "Not only that, but you also have to choose to be unfamiliar with the people involved and have no interest relationship. This will greatly increase the burden on the public prosecutor and the law, and make the trial more cumbersome, which will also increase the cost of the trial.
, we must know that our public security system consumes more money than the previous judicial system, and doing this will make things worse."
Su Zhe and the others nodded frequently when they heard this.
wrong!
Something seems wrong?
Suddenly, they looked at Zhang Fei at the same time.
What do you mean?
Zhang Fei smiled and said: "Everything has its pros and cons, so we will list the cons first, and then compare the advantages to see if it is worth a try."
Su Che raised his hands and asked, "I would like to hear some advice."
"Where! Where!"
Zhang Fei bowed his hand in return and said: "First of all, we must clearly understand the concept on which this system is based."
As soon as he said this, everyone immediately got into class mode.
"The law of the legal system." Shangguan Jun said.
"good!"
Zhang Fei nodded and said: "Whether it is Confucian law or Legalist law, it is impossible to give birth to this system. It has no foundation. There is only law based on the legal system, because the concept of the legal system is...
..?"
"A consensus among people to defend their legitimate rights and interests."
The four of them said in unison.
Su Che was very depressed. Are you in class?
So what do I do?
It was obviously a matter of discussion, but as a result, his status seemed to be lowered.
"I remember it very clearly."
Zhang Fei said: "Then let me ask you, is this consensus permanent?"
Cai Bian nodded, "Yes."
"Not necessarily." Su Zhe said.
But after speaking, Su Che regretted it again. I had really become a student. But thinking about Wang Anshi and Sima Guang answering Zhang Fei's questions in class, he didn't matter.
Zhang Fei asked Su Che: "Why does Mr. Su Xiao say he is not sure?"
Su Zhe said: "From the Wei Dynasty's "Fa Jing" to our Song Dynasty's "Song Xingtong", although the main regulations have not changed, many regulations have been added or subtracted. If we talk about the legal system, it means that consensus is taking place.
Some changes.”
"Mr. Su Xiao's words make sense, and that's exactly what happened."
Zhang Fei nodded with a smile and said: "Suppose we select one hundred people to participate in the trial, and these one hundred people are all-encompassing, involving all strata, and can reflect the consensus of the people. When they think about a murderer,
My own judgment, what is this?"
Several people frowned and thought for a while.
After a while, Shangguan Jun took the lead and said: "Legislation!"
"correct."
Zhang Fei nodded, "It is legislation. I am here this time with this heavy responsibility."
The reason why Zhang Fei was given a precedent is because Fu Bi hoped to get some legislative ideas for legal system from his judgment.
Without examples and just relying on imagination, it would be difficult for people like them who are accustomed to Legalist laws to legislate.
On the contrary, for Zhang Fei, he must use the legal system to explain it, because his power is based on the legal system.
Zhang Fei continued: "You have to remember that those of us who are familiar with the law have a relatively fixed way of thinking. Coupled with our status, even the most upright people can only consider how to think.
To be tolerant and good to the people, but often this kind of 'being good to you' is not a kind of understanding, and Master Xu is very clear about this."
Xu Zhiqian was stunned for a moment, then her cheeks felt dizzy, "You tell me what you want me to do."
Zhang Fei liked this joke very much, and asked Cai Jing and others: "Do you often feel that you are unable to do what you do when you are helping Fu Gong with the law?"
They nodded immediately.
"It's just because you have this idea, but you don't know what the people are thinking, so you always feel that something is wrong and not perfect enough. In fact, sometimes, the people actually think very simply, but you think too complicatedly."
As soon as these words came out, Cai Jing and the others seemed to understand something.
Zhang Fei said: "If we want to capture the consensus of the people, the easiest way is to see how they judge. Let's exclude corruption first. Under relatively rational and fair circumstances, the reasons for their judgment can help us legislate."
Cai Bian and others all nodded thoughtfully.
Cai Jing suddenly said: "If you let the people judge someone who evades taxes, they will definitely find him not guilty. Just ask the people in the world who would want to pay taxes. This is meaningless."
Zhang Fei smiled and said: "The legal concept of the legal system is the country, and the interests of the monarch come first. Based on this, whenever national interests are involved, this cannot be done. At the same time, simple murders cannot be tried in this way. Only
This system can only be used when there are problems of a broad nature.
For example, Cai Jing murdered Ye Zuqia because of his own interests."
This metaphor is really...!
Cai Jing and Ye Zuqia's faces turned green.
Why don't you compare Shangguan Jun and Cai Bian.
He then heard Zhang Fei continue to speak: "This is just an interest dispute between the two of them and has nothing to do with anyone else. But if the master killed the servant and the landlord killed the tenant farmer, can that be cited?"
The four of them nodded at the same time.
"sure."
Zhang Fei said: "Because this is a widespread problem, the opinions of the people should be taken into consideration, but the decision must still be made by the president of the court. However, these judgment opinions must also be recorded in the court record. In this way, it can also be used to
The imperial court and the procuratorate form a kind of supervision.
If it is just a matter of the interests of Cai Jing and Ye Zuqia, even if the verdict is wrong, it will hurt the president of the court, the chief prosecutor, the defendant, and the plaintiff. But if it is a widespread issue, it will have a very bad impact, and there will be an additional layer of supervision.
Not a bad thing at all.
It can also provide some ideas to the president of the court.”
Su Che, who had firmly opposed it just now, couldn't help but nod slightly when he heard this.
Zhang Fei continued: "In addition, as for the conditions we just mentioned, except when it involves national interests, it must be broad. Based on these two conditions, there are not many cases in which they can participate.
This will not put too much burden on us, but may improve the efficiency of hearing some cases, because when faced with some cases between law and reason, the president is sometimes really in a dilemma. When introducing
The third party can reduce the pressure on the president of the court and prevent the decision from being delayed for a long time."
Su Che smiled and said, "Just like this."
Zhang Fei smiled and said: "In addition, there is another benefit, that is, more people can understand the law. The concept of legal system is to protect the legitimate rights and interests of individuals, but first, people must know how to use the law to
Protect yourself so that you can play a greater role."
Cai Bian and the others nodded frequently.
It sounds like the advantages do outweigh the disadvantages.
Su Zhe still had some doubts and said: "It sounds feasible, but you still have to be cautious. First of all, there must be a clear system to stipulate which cases cannot use this system, which ones can, and how to select people.
how many people."
Zhang Fei nodded and said: "Of course, and there is no rush in this matter. You can take your time. After all, we have just established ourselves here."
Su Che breathed a sigh of relief. He was really afraid that Zhang Fei would get angry and directly formulate this kind of trial system.
Obviously he doesn't know Zhang Fei well enough. Every step Zhang Fei makes seems bold, but in fact he is a steady one.
Although both the civil law system and the maritime law system actually have a jury system, they just have different functions.
But Zhang Fei never considered these factions. After he came here, he never thought about whether it was a continent or an ocean. Because this is a feudal society with many restrictions and cannot be copied mechanically. All he can say is to keep trying.
, whether it is a continent or an ocean, even if it is a hybrid, as long as it can be used, it is an improvement.
As for the introduction of the jury system, Zhang Fei has long thought about it, but the purpose is really not for fairness and supervision. Those are secondary. It is mainly for the popularization of the law and legislation.
Because some of the current laws are extremely feudal and involve issues of Confucian etiquette, such as the mutual killing of masters and servants just mentioned. If Zhang Fei wants to change it himself, he will make too many enemies and be under too much pressure. This will have to be done in a roundabout way.
, say it through other people's mouths, and then test it out, if it works, then let it go.
In this feudal society, he will not insist on too much, after all, the head is the most important.
...
However, today's lawsuit is also a unique lesson for the people of Hezhong Prefecture.
Although Hezhong Prefecture also has ear pens, like the previous Kaifeng Prefecture, the ear pens generally do not go to court and only write pleadings. In fact, they are far inferior to the previous Kaifeng Prefecture.
Only now did they realize that such interrogation was possible.
Still unfinished!
At the same time, this justice concerns everyone, including officials and scholar-bureaucrats.
The restaurants in Hezhong Mansion were almost full today, and friends gathered together to discuss every detail of the trial.
Of course, there are still many praises.
Even if they are calligraphers and right-wingers, they have to wait until the bragging reaches a certain level before they will come forward and put forward different opinions to show their talent and depth.
The largest restaurant in Hezhong Prefecture, Shuiyun Pavilion.
In a private room on the third floor, Wei Yingfang heard the discussion downstairs, took a sip of wine and sighed: "It's really a waste of money!"
He originally wanted to use this lawsuit to make things difficult for Zhang Fei, but he didn't know that with this incident, the public prosecutor's office became famous and deeply rooted in the hearts of the people, leaving him speechless.
Cao Yi hurriedly said: "Wei Tongpan should now believe that what my cousin said is true. This person is very capable, especially in terms of the law."
Wei Yingfang said angrily: "Wouldn't that be even worse?"
"That's not entirely true." Cao Yi said with a smile.
Wei Yingfang hurriedly asked: "What are your countermeasures?"
Cao Yidao: "My cousin said that they couldn't do anything against Zhang San because he was just an ear pen at that time, not an official. In addition, he was the son-in-law of Dali at that time, so there was nothing they could do against him. But
This time, that time, now he is an official, he has responsibilities, and many methods can be used to achieve it."
"For example?"
"For example, Yanli."
"Salt profit?"
"good!"
Cao Yidao: "In the final analysis, this case only involves filial piety. As long as Zhang San does not make mistakes on this point, he will naturally get everyone's support. But if it involves interests, that is not necessarily the case.
Many officials have proven before that anyone who wants to use salt and profit will inevitably attract endless revenge, and no one can avoid it. Look at Xue Xiang, although his political achievements are good and he is now supported by Bachelor Wang, he has always been
They were all impeached, not because of the new law, but because of this profit.
This salt policy is like a pool of muddy water. Everyone knows whether it is illegal or not, but no one can only turn a blind eye, because salt interests are related to finance, and there is no room for error!"
"good."
Wei Yingfang smiled and nodded: "We can choose some cases for him to try. Whether it offends the officials or the people is up to him to choose. Haha...!"
