Wen Yanbo was slightly surprised and said: "Zhang San did this to deliberately force the Legislative Council to integrate all punishment regulations, an edict?"
Fu Bi nodded and said, "This is what he said himself."
Wen Yanbo asked again: "Do you think Mr. Fu did it on purpose or unintentionally?"
Fu Bi stroked his beard and said: "From a judicial point of view, he is indeed right. Not only for corruption, but also for other crimes, as long as they are targeted at officials, there are many regulations and orders that are mutually exclusive.
Contradictory, this does not apply to the public security organs, prosecutors and the law, and it is reasonable for them to do so."
Wen Yanbo said: "But the main reason for all this is that officials often punish officials based on their moods and anger. As the saying goes, the power of God is unpredictable. If all regulations and edicts are integrated and the punishments are unified, it is actually restricting them.
The power of an emperor.
Even if Zhang San ignored this, it is impossible for Xu Zhongtu not to know about it, so nine times out of ten, he did it on purpose."
Having said this, he paused for a moment, then looked at Fu Bi and said, "In other words, this is the same as what Fu Gong predicted."
"It's hard to say yet."
Fu Bi shook his head and said: "Even if he did it deliberately, and you and I both know it, and the officials also know in their hearts, how could they agree to it, but judging from what happened before, Zhang San, in terms of promoting legislation,
He has almost never failed, and he is so confident this time, so he must have a backup plan."
Wen Yanbo asked: "How does Mr. Fu plan to respond?"
Fu Bi said: "Zhang San didn't give any hint, and I have no other choice. I can only report it to the officials truthfully and let's see how the officials decide."
Wen Yanbo nodded slightly and said: "So we still support giving them the death penalty?"
Fu Bi nodded, "Only when there is controversy can legislation be promoted."
Wen Yanbo asked again: "Do you want to tell Junshi about this matter?"
"Not yet."
Fu Bi said: "Jun Shi has always been a bit of a scholarly spirit. If he knew about it, others might see his flaws."
...
The sky was gloomy, but the gloom in Zhao Xu's heart had disappeared. He immediately cheered up and began to actively participate in government affairs again.
The ministers could clearly feel that Zhao Xu was radiant and energetic, and his whole person's energy and spirit were different.
From this, it can be seen that the pressure exerted on him by the gods was really great.
The first thing to discuss is the extension of Xihe River.
After the previous defeat, Zhao Xu immediately asked Privy Councilor Han Jiang to go to the northwest to take charge of the overall situation. Although he did not say it explicitly, he still planned to shift to the defensive stage.
But now that news of a great victory came, Zhao Xu hesitated again, because this was his best achievement, and he must take care of it carefully.
Now that the news that the Liao Kingdom had sent a special envoy had reached the capital through formal channels, Wen Yanbo and the others used this as an excuse, as well as the losses caused by the disaster to the country, to temporarily stop border expansion and shift the country's focus to internal affairs.
However, Wang Anshi believes that the morale of the border troops is high. If the imperial court directly orders a stop, it will be a big blow to morale. It may also delay the war and give Tibet a chance to breathe. When they come back, it will be more difficult. If there is a chance, it will be done once and for all.
.
But Wen Yanbo and the others were worried that if they didn't issue an order to stop it, Wang Shao would be greedy for power and advance rashly. What would happen if he was defeated again? The key is that he has swallowed up such a large piece of land. How much money will it cost to operate it?
If we want to go deep, we will have to pay double the price if we want to hold on. We cannot afford it financially, so we might as well accept it as soon as possible and take advantage of the great victory to ease relations with the various tribes of Tubo. After all, our enemy is Xixia!
Due to the existence of the Liao Kingdom, Zhao Xu was more conservative at this time. The key point was that he had planned to wait for another three years and focus on domestic affairs first. However, he also took into account the opinions of Wang Anshi and others. If the Tibetan ethnic groups are still not convinced, then
We still have to fight and ease the relationship, which belongs to both parties. If one party wants to ease the relationship, it cannot be done.
So it was finally decided to pass the decree to the Privy Envoy to make the final arrangements based on the specific situation, but at the same time he promoted Wang Shao to Deputy Privy Envoy.
As for the Liao Kingdom suddenly sending a special envoy, both Wen Yanbo and Wang Anshi knew in their hearts that the other party was here to take advantage of the situation again.
After all, this is not the first time.
However, they all stated that they must first ascertain the intentions of the Liao envoy. As for how to deal with it, they have not yet expressed their opinions.
Although everyone hates it, they still have to be cautious, because diplomacy with the Liao Kingdom is the most important diplomacy of the Song Dynasty.
Don't be hasty.
After discussing foreign affairs, only domestic affairs remain.
That is about the issue of corruption.
Regarding this matter, of course, most people are against the death penalty. In fact, if it is only one or two officials, that's fine. After all, this is a disaster relief period. This is too bad. The death penalty is the death penalty, but there are dozens of people and the amount is not large.
, all sentenced to death, this is too exaggerated, and will cause a major earthquake in the officialdom.
Of course, the reformists are all opposed to it, including Wang Anshi, Xue Xiang and the others. This is not to say that Wang Anshi thinks that corruption is right. He also hates this kind of behavior very much, but Wang Anshi knows very well that this three feet of ice cannot be frozen in a day.
ah!
It is a very normal phenomenon nowadays for low-level officials to make some money at will. In the past, the judicial system did not deal with this kind of thing at all. It can even be understood as an unwritten rule, and everyone has acquiesced in it.
However, Wang Anshi's new policy is all about finance, and there is a lot of oil and water in it. Those executive officials will definitely lend a hand. As long as it is not too excessive, Wang Anshi generally does not pursue them. Otherwise, they will not give them a little sweetener.
You won’t work so hard!
Isn’t that what Qingmiaofa on Jingdong East Road is all about?
If the death penalty is imposed here, it will be a considerable threat to his power. Who knows whether there will be a settlement later.
This disaster relief can actually be summarized in his New Deal.
This chapter is not over, please click on the next page to continue reading! On the contrary, Sima Guang, none of the officials he recommended would do such a thing, and they were all trustworthy in terms of morality, and he also knew that there were many officials on Wang Anshi's side.
Of course they demand the death penalty for people like this, to scare the monkeys.
Fu Bi and Zhao Pin thought that the death penalty was indeed a bit excessive, but they also agreed with Zhang Fei's statement that there were too many precedents, too many orders, too many regulations on the crime of corruption, and they were very contradictory to each other. The procuratorate only Being able to prosecute the death penalty requires careful integration.
Regarding judicial issues, Zhao Xu would certainly not listen to them. His chief adviser was an expert in this field.
The key point is that this kid was responsible for this, but he didn't care about it before. He was looking forward to rain every day and thinking about the Xihe War every day.
"Your Majesty, I am doing this for the sake of the overall situation."
Zhang Fei said: "Now they even dare to give out money and food for disaster relief. There is no guarantee that when our army fights against Xixia and Liao in the future, they will not interfere with military pay. For the sake of His Majesty's great achievements, this must be severely punished. To stop this evil trend, the public security organs, prosecutors and the law must also protect this."
Zhao Xu nodded and said: "I have also thought of this, and I am very angry about it, but if dozens of officials are sentenced to death at the same time, do you know how big the impact will be? You can kill a few to scare the monkeys, but there is no All must be sentenced to death."
He is also angry. You just want to kill a few people, and he agrees with it. Although you have not killed for decades, you are a little too ruthless and kill them all. It may lead to a big prison, and the two factions will report each other, which may It will cause a major earthquake.
It's not necessary!
The price is too high.
Zhang Fei said humbly: "Your Majesty, I am very helpless about this. I just want to give him a harsher sentence and give him a warning, but other than the death penalty, the procuratorate has no choice."
Zhao Xu frowned and said, "How is this possible?"
There are so many cases and regulations, but you just refer to this death penalty. You didn’t get it on purpose. Who would believe it?
"Absolutely true."
Zhang Fei said: "Your Majesty, you might as well think about it. Assuming that the procuratorate does not prosecute with the death penalty, what kind of punishment will the procuratorate give that will convince everyone?"
Zhao Xu frowned and was silent.
No matter which choice you make, there will be people who will be dissatisfied.
Zhang Fei added: "They don't even have a lot of money, but they are different. Does this mean that the severity of the punishment should be divided again? So how much greed is considered light and how much is serious, there is no model reference. In the early days of the founding of the People's Republic of China, it was all Severe punishments were the main focus, and since the Qingli period, careful punishments have gradually become the main focus. However, whether it is heavy punishments or careful punishments, there is no clear explanation.
The most important thing is that if the imperial court rules like this today, then it will have to follow these precedents when encountering such cases in the future, which may cause more trouble.
Now that I am directly prosecuting all of them to death, the decision-making power will naturally be handed over to His Majesty, who can make the final decision with full authority."
I would rather not do this. Zhao Xu said angrily: "But you have created a big problem for me!"
This kind of thing is suitable for him to wait and see, not to participate directly.
Zhang Fei added: "But I have no other choice. If I don't leave it to Your Majesty, then the public prosecutor, procuratorate and law will have the full power to make the decision. Anyway, there are so many precedents and so many pardons. When the time comes, the procuratorate and the imperial court will almost decide whatever they want." Judgment, this is very unfavorable to His Majesty.
And this is different from the promise I made to Your Majesty. The public prosecutor, prosecutor and law can do whatever they want. This was a big problem in the old judicial system. Many cases were decided differently because those officials could refer to many decrees. Jurisprudence has led to many unjust cases."
Zhao Xu was slightly startled and thought to himself, he is right. If I don't make a decision, then the imperial court and the procuratorate will make the decision.
Zhang Fei added: "So it is necessary to integrate all the edicts, regulations, and precedents and give unified standards. This can not only restrict the public security, but also safeguard the rights and interests of the country, your Majesty, and the people."
Zhao Xu remained silent.
By doing this, while restricting the public security organs, it also restricts me. This cage of power is getting bigger and bigger.
Zhang Fei pondered for a while and said: "I know what your Majesty is worried about, but it is actually not difficult."
Zhao Xu just said: "Really?"
"It's really simple." Zhang Fei nodded and said, "Your Majesty can directly tell the ministers that he pardons any criminals. Then wouldn't it be possible to get the best of both worlds?"
Zhao Xu was surprised and said: "Pardon any criminals?"
Zhang Fei nodded and said, "Your Majesty can directly pardon an official's crime, no matter what serious crime the official has committed."
Break it directly.
Why does the emperor find it difficult? It's very simple. You have drawn up the crime regulations clearly and clearly. Then you will punish corruption according to the law in the future. Then why should I go?
Are you watching from the sidelines?
Why are there so many regulations and precedents? Don’t you have any idea?
Wasn’t it all caused by the emperor?
The purpose is to assert imperial power.
Since the source of the problem is clear at a glance, wouldn't it be very easy to solve it?
Just tell everyone directly that I can forgive any crime, and then everything will be fine.
It is true to say so, but few emperors dared to say so, especially in the Song Dynasty. This does not mean you are telling everyone that the law is nonsense in front of me.
Zhao Xu glanced at Zhang Fei suspiciously and said, "Are you making fun of me?"
Zhang Fei looked innocent and said: "How dare I ridicule Your Majesty? I am serious about this."
Zhao Xu said angrily: "I also want to save face. If I say this, those scholar-bureaucrats will not chew up the roots of their tongues."
You can do it, but you can't say it explicitly.
This is a disregard for the law!
How to convince the public?
Zhang Fei immediately said: "Those gossips are the key to this problem."
"Yes...really?"
Zhao Xu was a little surprised.
He himself believes that he is the key to the problem.
This chapter is not over yet, please click on the next page to continue reading! Can this pot be thrown away?
Zhang Fei said: "Sometimes, some officials break the law out of political considerations, and it is actually for the benefit of the country and the monarch, but most of the time, they cannot say this kind of thing.
When I was looking through relevant cases, I found that it was because everyone was inconvenient to speak out clearly that a very simple case became extremely complicated, and even forced His Majesty to directly issue an edict to replace the law, which is why there are so many very contradictions. jurisprudence, edict.
But Your Majesty is the emperor and has the power of life and death. This right of pardon is natural and indisputable. Why not make it clear directly and make it so complicated that the law has become a mess.
For another example, in many cases, no one knows how to judge them, and they leave them to His Majesty to make the final decision. However, after His Majesty has finished the judgment, they are not satisfied. What is this?
In addition, if Your Majesty pardons a guilty person, there must be Your Majesty's reason, because committing a crime harms the interests of the country and His Majesty himself, and Your Majesty cannot just pardon a sinner casually. In fact, the benefits outweigh the disadvantages!"
After Zhao Xu heard this, he felt that what he said was very reasonable. That's what happened. Why are you so secretive and making everyone unhappy? He said, "Even so, those prime ministers will definitely not agree."
of."
Zhang Fei said: "Your Majesty, don't worry, I will go and convince them."
Zhao Xu said: "Can you convince me?"
Zhang Fei nodded and said: "Yes. Because they have no better way to solve this problem."
Since you are so confident, of course Zhao Xu is also willing!
Because at present the emperor does not always keep his word, especially in the judicial field. This group of scholar-bureaucrats pay close attention to it. His edicts are often dismissed, eventually forcing both parties to compromise.
By explaining this matter clearly, it will be much easier for him to face many difficult problems!
Zhao Xu asked again: "Then what should I do?"
Zhang Fei said: "Your Majesty can first ask the Legislative Council to come up with a specific plan. If your Majesty's power of pardon is not clear in it, your Majesty will not grant it."
Zhao Xu nodded, "Okay, then it's up to you."
Of course he enjoyed it.
So Zhao Xu asked Fu Bi to lead some people to practice it first, and then we would discuss it.
When Fu Bi heard this, he knew very well that this bill must satisfy the emperor before it could be passed.
But as long as these edicts and regulations are integrated, the emperor will never be satisfied. This is limiting the emperor's power.
If the emperor can't control the power of life and death of officials, then what the hell!
But Fu Bi didn't panic. This was all caused by you, Zhang Fei. You have to clean up this mess, so he invited Zhao Pin, Feng Jing, Sima Guang, Xu Zun, and Zhang Fei to come over. Let's sum it up first.
Now, what should I do about this?
Everyone sitting here knew clearly that the question was about Zhang Fei, because they had no way to solve this problem.
It cannot be stated in the Song Dynasty's criminal system that the emperor must abide by the law.
That’s looking for death!
"Why don't you guys say anything?"
Zhang Fei, who was sitting at the end, said cautiously.
Everyone looked at Zhang Fei angrily, weren't they just waiting for you to speak?
Fu Bi asked: "What is Prosecutor Zhang's advice?"
"Oh, I don't have any high opinions."
Zhang Fei said: "Xiaguan...Xiaguan just thinks that this shouldn't be a big problem for you. Why don't you... say anything."
As he talked about it later, his voice gradually became softer. This guy's acting skills are always top-notch.
Sima Guang wondered: "Do you really don't understand, or are you just pretending not to understand?"
"Of course I really don't understand."
Zhang Fei said aggrievedly.
Sima Guang said: "You...let me ask you, haven't you read those edicts beforehand?"
Zhang Fei nodded and said, "I've seen it."
Sima Guang said: "Then you still don't understand?"
Who issued the edict? It was the emperor. If this law is revised, it does not mean that the emperor’s edict is revoked. Does the legislator have this power?
Zhang Fei suddenly realized: "Oh, it turns out you are thinking about this matter."
Sima Guang was speechless and said: "Then what do you think we are considering?"
Zhang Fei said sarcastically: "I thought you were thinking about how to integrate those edicts and laws. I'm not very good at that kind of thing. In fact, I don't know exactly how heavy the punishment should be."
This is a true statement. The public sentiment at this time was different from that of later generations, and he was really unsure about the severity of the punishment.
Fu Bi said: "These are not difficult, the key is the issues of the orders."
They couldn't explain it clearly, so they could only use "imperial order" as a substitute.
"It's very simple!"
Zhang Fei said with a smile.
Feng Jing, Zhao Pin and others looked at Zhang Fei in surprise.
this is very simple?
Is he really a genius?
Zhang Fei nodded and said, "That's right! The government has the power of life and death. It is undisputed. If it is directly stated that the government has the power of pardon, wouldn't everyone be happy?"
"???"
Everyone was stunned by Zhang Fei's idea.
After a while, Sima Guang angrily yelled: "What are you talking nonsense about? If officials can pardon prisoners at will, why do they need laws?"
Fu Bi also looked at Zhang Fei in surprise.
He didn't think it would be such an idea.
You must know that at this point, the scholar-bureaucrats and the emperor have been fighting. Even if the emperor wins, it will most likely be a miserable victory.
As a result, you kid just came to pardon me.
How is that possible?
Zhang Fei said: "It can't be better than now!"
"What's so good about it?"
Sima Guang asked.
Zhang Fei said: "I have checked all the edicts and precedents recently. If there are any disputes, most of them are innocent, but in fact they are guilty, so the crime is not a crime. Therefore, what Bachelor Sima said before, when used here, is
Appropriate, this operation is indeed beyond words.
But a pardon is different, because before the pardon, he was already found guilty through the investigation by the police station, the prosecution by the procuratorate, and the judgment of the royal court.
After the judiciary has played its role, as for the final result, the official can pardon him or not. Regardless of whether he is pardoned or not, the judiciary will find him guilty. Isn't this better than before?"
This chapter is not finished yet, please click on the next page to continue reading the exciting content! Quiet!
The room suddenly became quiet.
Everyone is lost in thinking.
Why did the emperor use edicts? It was to assert his imperial power, turn the innocent into guilty, and turn the guilty into innocent. To put it simply, the emperor wanted to operate the law, and Su Ri'an, a scholar-official, was also trying his best to restrict the emperor's edicts.
But it is never possible to achieve complete restrictions, and the outcome is ultimately decided through games.
In this process, the law actually disappears and becomes a reason without functioning.
This seems to be the same as the power of pardon, but in fact it is completely different, because only the guilty need to be pardoned. The reason why they are guilty is that the judiciary has judged him guilty and has fulfilled its role.
The emperor could use his authority to protect the person, but he could not change the law.
Based on this, the Legislative Council can integrate all regulations and edicts. Don't make any edicts and directly exempt them. We are all sensible people and don't act like hypocrites.
"No, no!"
Sima Guang said: "The purpose of justice is to seek fairness and justice, and to punish those who are guilty. If officials can pardon at will, how can we say that justice has played its role?"
Zhang Fei spread his hands and said: "But this is the system. The emperor has the power of life and death. This is a fact. As judicial officials, we cannot cover our ears and seek truth from facts.
If we do not do this, then this problem will be unsolvable, and there will be no way to integrate the regulations. Then the imperial court and the procuratorate will not be able to judge and prosecute in accordance with the law.
At that time, it will become that either the officials or the public prosecutors have the final say, so it doesn’t matter whether there are laws or not.
Even if the pros and cons are weighed, it is impossible for the officials to pardon every sinner. It is only a small number of people, and most people can get a fair trial.
Now that we are stuck here, what good will it do to the country, the monarch, the people, you and me?"
Everyone was speechless.
If you have the ability, you can let the law prevail over the emperor. If you can't do it, why don't you admit it and make it so vague? The law is not the law, so what's the point?
It's no good to anyone.
Just enjoy some verbal justice.
Fu Bi suddenly nodded and said, "What Prosecutor Zhang said makes sense. This is the only solution unless we don't revise the law."