It doesn't take much thinking to figure out who is being upset.
It was none other than Su Zizhan.
Three years!
He had been holding it back for three whole years in Yangzhou. When he came back this time, he would feel sorry for himself if he didn't say a few words of sarcasm.
But Su Shi's sour sarcasm won many people's nods.
Everyone has seen Zhang Fei's eloquence, and what he said was ridiculous, but Fan Chunren judged him according to what he said, and the result was like this.
Day! You went to Yangzhou, it was all arranged by Sima Lao'er, I just nodded. What are you doing to me? It's pure jealousy. Zhang Fei muttered to himself and said: "Although I have only been the president of the court for three years. , but in the past three years, I have sentenced cases that those sentencing officers could not achieve in ten years.
Therefore, I think this is not just talk on paper, but talk from experience. After all, I am not like some officials. Although I have quite senior qualifications, I may have spent more time in a brothel than in an official office. If If he has an official position."
"Ha ha...!"
Many people laughed out loud immediately.
The mouth of this Erbi is still as poisonous as ever!
You don't need to think about it to know that it is a satire on Su Shi, because Su Shi did not have an official official office in Yangzhou, but an office was provided for him in a local patrol court.
Su Shi's handsome face suddenly flushed red, and the resentment towards Sima Guang in his heart increased by ten thousand pas.
Zhang Fei didn't want to get entangled with Su Shi at this critical moment, so he quickly returned to the topic, "Let's talk about 'no compensation' first. This 'no compensation' does not mean being a rogue, but the government does owe some military pay and pensions, but But the government is unable to compensate. Many people think that the overall situation should be taken into account, so let’s assume that in this case, the public prosecutor and the law have no right to intervene, and let’s see what happens.”
Having said this, he spread his hands and said, "Actually, if you open the history books, you can quickly find the answer. Mutinies and defeats are common due to arrears of military pay and non-payment of pensions. Everyone here is familiar with the history books. , should know the stakes involved better than I do."
Pei Wen immediately questioned: "You are overgeneralizing and the article is not relevant. Most mutinies are due to corruption, resulting in arrears of military pay and non-payment of pensions. This situation naturally requires severe punishment, and what you are assuming is The government finances cannot afford it."
Even Wen Yanbo nodded and said: "The inability to afford and the deliberate deduction of military pay cannot be generalized."
"All right!"
Zhang Fei nodded, "I'm not talking about the situation of Yongxing Army. It's only arrears and never compensation. After all, you can also say that the finances have never been good and they have never been able to afford it."
Everyone was speechless.
You brat, steal our lines.
Zhang Fei said: "That's it, but will the result change? Regardless of the reason, will the arrears of military pay affect morale, affect the combat effectiveness of the soldiers, or even lead to mutiny in the army?"
Wang Anshi said: "Having said that, what we want to know is how to solve the problem. Blindly allowing fiscal expenditures may cause greater chaos, just like in Qingzhou, the imperial court forced the transportation department to demolish the east wall. Repairing the Western Wall will only lead to more military arrears and cause greater chaos. This is not the solution!"
Sima Guang immediately glared at him sideways.
Zhang Fei smiled and said: "What Academician Wang said makes sense, but we have to take it step by step. Will defaulting on military pay and stopping pensions lead to the results I mentioned?"
Everyone was silent.
Sima Guang nodded and said, "Of course."
"That's fine."
Zhang Fei immediately picked up the charcoal pen, first drew a circle with the word "no compensation" on it, and then drew a vertical line below and wrote down the inevitable consequences. He then said: "Now let's see under the same conditions. If the imperial court intervenes and forces the government to pay compensation, what will be the consequences?
Since the imperial court intervenes, it must act in accordance with the law. If it follows the law, the government must do its best to repay the debt. It is only natural to repay debts. This is like a farmer who owes money to a landlord. In the end, he may have to sell his wife and children to repay.
Based on this, will there definitely be mutiny, defeat, or even more serious phenomena?"
Meng Qiansheng said: "Of course it will."
Zhang Fei said: "Please pay attention to my wording, am I sure?"
Meng Qiansheng blinked and hummed: "That's because Bachelor Yuan has outstanding abilities."
Zhang Fei said: "Yes! That means it may not appear."
Meng Qiansheng said: "Delay in arrears of military pay will not necessarily lead to mutiny or defeat."
Zhang Fei said: "Meng Zhiyuan might as well give an example, or ask the finance department not to pay the imperial army for three months, and then let them go to war. You can see if it will happen."
“…!”
Meng Qiansheng opened his mouth slightly, but he didn't know how to refute.
Zhang Fei smiled and said: "If Meng Zhiyuan is owed three months' salary, Meng Zhiyuan will probably not be willing to work, not to mention that the soldiers will have to work hard."
Meng Qiansheng said: "Don't talk nonsense. We all grew up reading the books of sages, not just for fame and fortune."
Zhang Fei said: "However, due to financial difficulties, Meng Zhiyuan did not take the initiative to reduce his salary, or persuaded the ministers to reduce their salary together."
"you...!"
Meng Qiansheng couldn't help but feel anxious and angry. He glared at Zhang Fei but was speechless.
Su Shi suddenly said: "What President Zhang said will definitely happen is because he has been in arrears with military pay and has not solved the problem. But looking at the success of Hezhong Palace, it means that the government will definitely find a way to solve it. This is biased."
Everyone woke up from a dream, yes, your unfair comparison almost brought us all into the ditch.
"Mr. Su...!"
"Please call Prosecutor General Su."
Su Shi immediately corrected him.
Sima Guang had a headache.
"Feel sorry!"
Zhang Fei smiled, nodded and said: "Prosecutor Su is right, the arrears of military pay can also be repaid. However, I don't know if you have discovered one thing, that is, since ancient times, there has never been any compensation like that of Hezhong Mansion .Including the case of salt banknotes, whether it is salt banknotes or Jiaozi, there has been devaluation before. If the salt banknotes and Jiaozi are a contract, depreciation is a violation of the contract, but the government has never compensated."
The whole place was silent.
All default.
Since ancient times, military pay is either not owed, or if it is owed, it will only become more and more owed, making it impossible to pay it back.
Zhang Fei smiled and said: "If it had happened, then the imperial court's decision would not have caused such a big controversy. This point has to be analyzed from the perspective of Legalist law and legal system."
As he spoke, he wrote on the screen about Legalist law and legalistic law, "As for the concepts of the two, everyone should know that under Legalist law, assuming that the monarch requires (1), the government decrees are layered The final feedback to the monarch must be (1).
Let’s look at the legal system again. Suppose the monarch asks for (1), decrees are issued layer by layer, and what is finally given back to the monarch is...?”
He paused briefly.
Boy, do you want to see us make a fool of ourselves again? We are not that group of fresh candidates. Wang Anshi said: "Still (1)"
Zhang Fei asked: "Why?"
Wang Anshi said: "Because the legal system is primarily about protecting the interests of the monarch."
"good!"
Zhang Fei nodded, "Actually, the one who gives back to the monarch is (1). Looking at it this way, there seems to be no difference between the two. In fact, under the Legalist law, officials only need to be responsible to the monarch and complete the monarch's instructions. But in Under the rule of law, although the monarch’s instructions must be fulfilled, everyone’s legitimate rights and interests must be defended at the same time. The difference lies in this extra step.”
As he spoke, he drew corresponding patterns. On the Legalist side, there was only one feedback line, while on the legal side, there was an extra line that enclosed "everyone's legitimate rights and interests."
"Based on this picture, it is not difficult to understand why there has been no compensation like the one in Hezhong Prefecture since ancient times. However, this phenomenon appeared after the emergence of the Public Security Bureau. It is very simple. In the past, officials only needed to be responsible to the monarch. This is the most important thing. , As for increasing taxes more and paying less military pay, these are secondary, because officials do not need to be responsible for them, but this cannot be done under the rule of law."
Wang Anshi smiled and said: "According to the theory of Bachelor Sima, there is only this amount of goods and wealth produced by heaven and earth. If it is not among the people, it is in the public family. There is only so much money. Since we have to be responsible to the monarch, there will inevitably be a little increase in taxes. Pay less military pay."
Sima Guang immediately said: "If the monarch saves money, he will have the best of both worlds."
Wang Anshi said: "But what President Zhang wants is that what the officials ask for is (one), not (zero). If you still ask the officials to save money, it is cheating and is not enough to convince the public."
Sima Guang was speechless for a moment.
In fact, this is the main reason why Sima Guang lost to Wang Anshi. Zhao Xu asked for (1), but Sima Guang wanted to give me one (0.5), so of course Zhao Xu chose Wang Anshi.
Zhang Fei hurriedly came out to smooth things over, "Actually, both of you are right."
"how do I say this?"
Wang Anshi and Sima Guang said in unison, even their eyes were exactly the same, glaring at Zhang Fei.
Do you know what it means to be incompatible with each other? Even with him and without me, there is no way it can be right.
Damn it! I...! Zhang Fei was secretly unhappy and said: "May I ask you two, how does Hezhong Mansion solve this problem?"
Sima Guang immediately said: "Disarmament."
Wang Anshi said: "Salt debt, salt banknote."
"good!"
Zhang Fei nodded and said: "Disarmament is actually about saving money, while salt debt and salt banknotes are about increasing the wealth of Hezhong Prefecture, so you two are both right."
Having said that, he quickly skipped the topic and said: "The most important thing is to give back to the monarch (1)."
Wang and Sima kept silent, but their faces were unconvinced.
Zhao Xu glanced at them secretly and shook his head helplessly.
Zhang Fei returned to the screen again, "The difference between the two is that the interests of the Legalist law are only the monarch, while the laws of the legal system include the monarch and the people. So, which one of the two protects the interests of the monarch more?"
"Of course it's the latter."
A young candidate said suddenly.
Zhang Fei asked: "Why?"
The examinee said: "The common people also belong to the interests of the monarch. The sage said that water can carry a boat, but it can also capsize it."
"exactly."
Zhang Fei said: "Although it seems that Legalist law is only for the monarch, and the entire system only protects the monarch's interests, in fact, the monarch's gains from it are far less than the legal system. This is a typical thankless task.
, the situation in the Qin Dynasty proves this very well, and it is no wonder that Legalism eventually declined."
Zhao Xu nodded frequently when he heard this. He actually agreed with this. If all the people were offended, then the country would definitely be finished. The key lies in how to balance it.
At this time, an official in his thirties suddenly asked: "Water can carry a boat, but it can also capsize it. This is Confucian benevolent governance."
Zhang Fei smiled and said: "It can be seen that Confucianism took this problem into consideration, so it finally defeated the Legalist method and had the last laugh.
However, Confucian law is very similar to Legalist law. They are also completely oriented to the monarch. Although every sentence in the thought of benevolent government advises to treat the people well, it is said by the ministers and the monarch. Just what Academician Sima said, in fact
It is a typical Confucian method. What he requires is that the monarch's instructions change from (one) to (zero), and then the officials only need to give feedback (zero). Wouldn't everyone be happy?
Therefore, the difference between Confucian law and Legalist law is that Confucian law intervenes before the imperial edict is issued, while Legalist law only gives feedback on the results.
Comparing the two, Confucian law is obviously superior. After all, the purpose of intervening before the imperial edict is to defend the interests of the monarch, and this interest refers to the people."
The people sitting there nodded their heads.
One and Zero analyzes the implementation process of Legalism and Confucianism very thoroughly.
Wang Anshi suddenly asked: "How about comparing it to the legal system?"
Zhang Fei hesitated a little and said: "It's hard to compare the two. I can only say that the best way to implement Confucianism is actually the rule of law."
As soon as these words came out, everyone was stunned.
Although they didn't understand Zhang Fei's words, Fu Bi and Sima Guang all saw it very clearly.
This chapter is not finished yet, please click the next page to continue reading the exciting content! Zhang Fei has always denied the legalist method, and the legal method is to replace the legalist method, but for Confucian method, Zhang Fei is more of a fusion
, rather than replacing.
This is also a key reason why the legal system can succeed. If it is to replace the Confucian method, it will not be a great master, but a rebellious official and traitor.
Wang Anshi didn't understand for a moment, "How...how do you say this?"
Zhang Fei said: "As for the issue of (zero) and (one), the current way of dealing with Confucian law is also to follow the golden mean. To put it simply, it is recommended that the monarch's requirements be lower and the people should be more friendly.
This is the problem that Hezhong Mansion faced before. If it owed a lot of military pay, it would definitely have caused chaos long ago. The arrears are not much, and it depends on the situation. Anyway, it is to avoid chaos.
However, there is a fatal problem here, that is, from the perspective of Confucian law, this is a solution, not an expedient. In other words, it is impossible to repay what is owed, and I have never thought about repaying it.
This is also a good proof. You can go to the Third Office and ask if the soldiers receive sufficient military pay every year, and you will definitely not get it. But if you ask the Third Office if there are detailed debt accounts, you will definitely not get it."
Many young candidates nodded, but the ministers remained motionless.
That's still it.
What kind of arrears are there, there is no intention to pay them at all.
But Zhang Fei’s explanation is also very good. The golden mean is so beautifully explained.
Zhang Fei continued: "But day after day, year after year, more and more things accumulate. If the ancestors cannot solve it, then future generations will be even more unable to solve it. Sooner or later, problems will arise."
Many ministers nodded after hearing this. At this time, the Song Dynasty was facing this problem. At first, it seemed that it didn't matter to recruit a few more officials, but in the end, more and more officials were recruited, and now they all stared blankly.
In fact, many ministers want to lay off officials, but the problem is that there is too much resistance.
Zhang Fei added: "The legal system must not only defend the interests of the monarch and the country, but also defend the legitimate rights and interests of individuals. Isn't this what Confucianism embodies?"
Wen Yanbo questioned: "But who can't just say it? The key is to be able to do it!"
If you have never been a prime minister, you don't know the difficulties involved. They prime ministers don't want to have both... and..., but the problem is that they simply can't do it.
Zhang Fei smiled and said: "You want both... and..., this sounds very greedy. As the old saying goes, you can't have your cake and eat it too. But in fact it is not the case. The rule of law requires both.
Moreover, it is to protect the basic rights and interests of both parties and to prevent losing more, rather than to ask for more. For example, if a person hopes to earn a hundred dollars a day, this is obviously very difficult and even a daydream, but if this person says
, it only costs thirty dollars a day, so it’s not that difficult.”
Wen Yanbo nodded thoughtfully.
If you want to explain it this way, it is both necessary and necessary, but it does not seem to be very greedy.
But the question is, it’s okay to let the people spend less, but can you make the emperor spend less?
Of course, it was inconvenient for Wen Yanbo to say this on such an occasion. He could only give Zhang Fei some advantage and wait and see what he said next.
"After clarifying the concept of legal enforcement, we will take the Hezhong Prefecture military pay and pension case as an example to see how the legal system plays a role in it, and whether it can truly defend the interests of the monarch, the country, and the people.
To put it simply, it’s about whether you can achieve both what you want and what you want.”
While talking, Zhang Fei wrote "Hezhong Prefecture Military Pay" in the middle of the screen, turned around and said to everyone: "Everyone should be very clear about the process of this case. Even if someone files a complaint, the government will not pay pensions.
, after the Public Security Bureau decided the case, many soldiers came to complain, saying that the government was in arrears with military pay.
At that time, the Public Security Bureau made judgments in accordance with the law and made judgments based on specific evidence. Anyway, the amount of compensation would be the amount.
In fact, many officials complained at that time, saying that the Hezhong Prefecture's finances were insufficient and that the public prosecutor, procuratorate, and law should take the overall situation into consideration. However, it was a pity that neither the imperial court nor the procuratorate were willing to take the overall situation into consideration, and still ordered the government to compensate.
The final result was that Bachelor Yuan came up with a complete compensation plan, including disarmament, salt debt, salt banknotes, and installment compensation.
Many people think that this is due to Yuan Xueshi's outstanding personal ability, while others think that it is because Hezhong Prefecture has huge salt profits. If it were another person or another state capital, it might not be possible.
But as a system, if you change the person or the state capital, it will become unworkable. This system is obviously a failure.
Therefore, we assume that Academician Yuan has not come up with a solution, and Hezhong Prefecture does not have any salt. The government really cannot afford to pay so much money, so in this case, what will the Public Security Bureau do? "
Does this mean Hezhong Prefecture?
This is clearly Qingzhou.
He was not explaining, but teaching Qingzhou how to deal with it.
After hearing this, everyone could guess some clues and cheered up.
Zhang Fei glanced at him and said, "Everyone should have seen the cases I tried in Hezhong Mansion. When encountering this kind of situation, what would the public prosecutor and the law usually do?"
Have you ever been sentenced?
The people in the Legislative Council looked at each other.
No impression!
Is there something missing?
Fu Bi also frowned and suddenly said: "Enforce it."
"The rich man is absolutely right."
Zhang Fei said: "It means compulsory execution. In many cases of debts that cannot be repaid, the imperial court chooses to enforce it."
Lu Huiqing questioned: "But those are the common people. In this case, the other party is the government."
Zhang Fei smiled and said: "In the eyes of the public prosecutor, this is a debt lawsuit. Although one party is the government, it may have its own particularities, which will lead to some differences in execution, but there can be no differences in judgment.
, otherwise, the people will be dissatisfied.
If it is really not enough, there will inevitably be compulsion in the judgment. Regarding this, I have also told Master Yuan.
This is already the worst situation, and there is really no solution. Then let’s see if the enforcement of laws and regulations can still protect the interests of the monarch, the country, and the people, and whether there will be a disregard for the overall situation as disputed by the Legislative Council.”
"It must be."
Deng Wan said firmly.
"It's easy to deduce."
Zhang Fei smiled slightly and added: "Under the enforcement of the imperial court, the government has to respond and find ways to repay these debts. The best strategy is naturally the plan proposed by Academician Yuan, relying on appropriate policies to
Improve the government's finances and then use the excess money to repay.
But the premise of our current assumption is that policies cannot be used to adjust and repay, so the government can only use one method to repay the debt."
Wang Anshi immediately said: "That is the next best thing to do to save money."
Zhang Fei laughed twice and said, "Yes, it is to save money, but people are prone to misfortune and good fortune, so this saving is not the last resort."
Lu Gongzhu sighed with emotion: "But it is difficult to go from luxury to frugality!"
This sentence shows the difficulty.
If you save money, who will get the money?
"yes."
Zhang Fei said: "But this is mandatory, and it must be implemented even if it is difficult. Then the government has to look at its main expenditures and find ways to save. The main expenditures of the government include the money handed over to the court, officials' salaries, soldiers' salaries, and ministers
The hospital’s public expenditures.
Among them, the most insignificant expenditure is the public expenditure of the Legation. We will save a little here first, but it will not be enough. Therefore, disarmament is also a way to save money. However, soldiers must protect their homes and the country. They cannot disarmament blindly. They can only disarmament appropriately.
Some, but after cutting it, it was still not enough.
Next is the salary of officials. Then cut off officials and keep only necessary officials. But it is still not enough. Reduce the money paid to the court, but it is still not enough."
Everyone was stunned and terrified.
They originally thought that Zhang Fei was trying to hint at layoffs, but it turned out that the layoffs were still not enough. What are you trying to do?
Pei Wendao: "If it's not enough, there will be nothing left."
Zhang Fei said: "We just have to do it according to the worst situation, so that we can test this system."
Sima Guang suddenly glanced at Liu Shu.
Liu Shu understood it and immediately said: "This is not the worst situation."
Zhang Fei asked: "What is the worst thing Liu Shilang said?"
Liu Shudao: "You are only executing unilaterally, and the government is like a dead thing. But this is not the case. If the government first embezzles military pay to compensate, and never owes more military pay, this can cause greater chaos."
"It's all the same."
Zhang Fei smiled and said: "As long as the evidence is conclusive, it will be enforced. If you owe more people, you will pay more money. But since the government is willing to pay, it will not cause chaos!"
Liu Shu was stunned, "But the government can't afford to pay."
Zhang Fei said: "Nothing is difficult in this world. I'm afraid that if someone is willing, the government will have to pay compensation or it can afford it. We haven't even started selling land or houses yet."
Liu Shu was immediately dumbfounded.
But it seems like this is the case. The cause of the chaos must be that the government will not pay compensation. But if the government is willing to sell land and houses to compensate, of course there will be no chaos.
Deng Wan couldn't help but said: "With your method of compensation, the entire government will pay for it."
Zhang Fei said: "According to the legal system, what should we do in this situation?"
Deng Wan said: "I still want to ask you."
Zhang Fei smiled and said: "I have actually made similar rulings in many cases."
Fu Bi immediately reacted, "Debt liquidation and debt restructuring."
He has been studying Zhang Fei's judgment for the past three years.
Zhang Fei nodded with a smile and said: "Gongfu's words are reasonable. When the compensation reaches this point and you still cannot pay, you will have to enter into debt liquidation and debt restructuring.
As far as individuals are concerned, it is to ensure the basic life of the individual or family, and all the remaining income is used to repay debts. The same should be done for the government, that is, while ensuring the basic operation of the government, all the remaining income is used to repay debts.
Although the government accounts are very complicated, the imperial court will also make precise calculations. For example, a prefect may have ten officials around him, but after calculation, five officials may be able to maintain the most basic operation, and they will be laid off.
Five of them are officials.
For another example, when envoys come to Hezhong Mansion, they used to have wine and meat, but now they can only feed themselves.
Another example is that for those officials who were sent salary, he could only take their salary and not work. Laying them off would not affect the operation of the government, so he laid off all of them.
The same principle applies to disarmament: retain only what is needed and cut off the rest."
Before he finished speaking, there was an uproar below.