Yunzheng could only write books in his study at night, and every day during the day, he had to work in the governor's office. Later TV series often showed that the official duty of parents is to adjudicate cases. Yunzheng didn't know whether this was true.
Anyway, in the past few days since he took office, no defendant in a case has come to him to ask him to resolve it personally. At most, a certain prefecture or county reported a certain suspicious case and asked the governor's Yamen for instructions on how to proceed.
Zhang Futai explained this situation to Yunzheng when he was here, saying that usually when a case like this comes up, it's probably not that the state or county government below can't hear it, but that it may not be able to decide why, because this kind of case is likely to be
A certain local big family was involved. The family was so powerful that the government and county government did not dare to make decisions easily, for fear that there would be someone above them - this has always been the case throughout the ages.
Yun Zheng naturally knew that Zhang Futai was speaking politely. In fact, the largest family in Northern Xinjiang is naturally the Yun family, and the other "too powerful" families are mostly the original general families of the Yun family.
, almost every generation of these families are still loyal to the Yun family, and there is a chance that there will be a general like this in the family. If something happens to such a family, the government offices below will naturally not dare to deal with it at will.
Otherwise, if the general of that family comes back and wants to be held accountable in the future, who will be willing to bear this responsibility? To offend a general or offend a commoner, smart people know that of course you should choose the latter, even if the latter is not one, but a family or a group of people.
——It doesn’t matter
This is basically the case for all cases that can be reported to the desk of Governor Yunzheng's Yamen. When Zhang Futai saw this kind of case back then, he could only deal with the aristocratic family that caused too much trouble, and he was powerless to deal with the rest.
, and the so-called handling of the matter usually means paying a small amount of money and giving a warning.
But now that the governor is Yun Zheng, things will not be so easy. Marshal Yun has a mighty army, and few people in the army will oppose him, so what he is least afraid of is "a certain general" looking at the materials in his hand. Yun Zheng
He said to Zhao Wenchang beside him: "Mr. Zhao, do you think the evidence in this case is conclusive?"
Zhao Wenchang twisted his beard and nodded: "This is enough to conclude that the case is correct."
Yun Zheng hummed and said nothing. He weighed the materials in his hands and remained silent.
Zhao Wenchang drooped his eyelids and said softly: "According to past customs, if a case involves the commander of the First Guard, we will send an official letter to complain, and then it will be settled."
Yunzheng rolled his eyelids: "Forcibly occupied other people's fields, injured other people, killed other people's cattle, and finally burned down other people's houses... As a governor of a province, I can't do such things.
Can I just give you a warning?"
Zhao Wenchang said with an expressionless face: "The Le family has always been a big family in Zhending. The eldest son Lehai is now the commander of the seventh Zhending Guard. The second son and the third son are serving as Qianfu in the ninth and eleventh guards respectively.
The head of the Le family, who can be said to be a general, is the father of these three men, Le Ting. He was also the commander of the guards when he gave way, and now he also serves as the infantry defensive warfare instructor of Young Eagle Academy, not to mention his ancestors...
How does the young commander think about dealing with such a family?"
Yun Zheng stood up suddenly, his face was filled with a look of sternness, and he said word by word: "The law is the punishment. It is as flat as water, and it follows the law of water. So if you touch something that is not straight, go away!"
Zhao Wenchang's eyes flashed, and he no longer looked as calm as before. He looked at Yun Zheng and asked in a deep voice: "Master Governor, do you want to use the knife?" What he was thinking in his heart was different from Yun Zheng's. He thought Yun Zheng did this.
It means suppressing the original factions in Zhendingwei, and the deeper meaning is to increase one's own authority.
Yun Zheng immediately understood what Zhao Wenchang meant. He didn't find it strange. People like Zhao Wenchang who have been serving as governor's staff for a long time mostly think about the use of power. This is a very common thing. But Yun Zheng didn't mean this.
As a later generation who studied law, Yun Zheng is very sad about the legal development in ancient China. Since ancient times, there has been a saying in China that "princes who break the law are as guilty as the people", but the actual situation is often not the case. Generally, "the punishment of the high officials cannot be punished"
This is completely contrary to Yun Zheng's belief that everyone is equal before the law. After Yun Zheng traveled through time, he had the idea of reforming the law several times, but he didn't have enough power in his hands, so he just gave it up after thinking about it, but now he
The power in his hands is gradually increasing, and he has already planned to carry out some reforms. Even if it is not thorough or in place, he can always make some corrections.
In such an ancient China, Yun Zheng actually felt that he might be crazy if he wanted to carry out legal reform, but in fact, even when he traveled through time in later generations, the reason why China did not truly enter a "rule of law society" was because of China's "rule of man"
Tradition is too strong, and the Chinese people do not have a strong mentality of pursuing legal equality. This is a greater tragedy.
In ancient China, what was compatible with the productivity of small farmers was the patriarchal hierarchical social relationship with the family as the basic unit and blood as the link. The patriarchal system originated from the patriarchal system of primitive society and was a customary criterion for dealing with relationships within the family. Later, it was closely related to national politics.
The integration of family and country, and the unity of king and father have become the basic system of ancient Chinese society and an important part of the maintenance of the ancient legal system. It pays attention to the ethical relationship between monarch and ministers, father and son, brothers, and husband and wife, and uses the blood contract of "kiss" to
With the hierarchical difference of "respect and respect", it emphasizes the dominance of the big clan over the small clan, the obedience of the small clan to the big clan, the benevolence of the elders to the younger ones, the service of the younger ones to the elders, as well as the benevolence of the king, the loyalty of the ministers, the kindness of the father and the filial piety of the son.
The traditional legal culture formed on this basis has not only been cast with a layer of warm and affectionate patriarchal principles, but has also always taken the ethical principles and principles that reflect the patriarchal hierarchy as its center and guiding principles.
But in fact, this basis of legal power is incorrect. The law born on this basis will naturally not have a truly just law. It comes from the imperial power. Its natural function is to safeguard the rights of the monarch in a slave society under the rule of imperialism.
"Fate" means law. In feudal society, the emperor has supreme power. The emperor implements personal independent rule. He is both the highest legislator and the highest judge. The laws of the past dynasties are expressed in the form of the emperor's personal will.
Although the formulation of the laws was specifically completed by the courtiers, the power of approval belonged to the emperor. Emperors of all dynasties were above the law. In addition to the laws, the emperor could also issue edicts, orders, formats, styles, etc. at any time as needed. "Laws come from the emperor." Further,
Consolidated and strengthened the imperial power
Another one is the combination of etiquette and law after the popularity of Confucianism. Based on Confucianism, etiquette occupies an important position in ancient Chinese law. "Government comes first and etiquette is the foundation of government." The ancient Chinese legal system has developed in its long history.
In the process, many important basic characteristics have gradually been formed. Among them, there are some common characteristics that are generally consistent with the ancient legal systems of other countries in the world, and there are also some unique individual characteristics that other countries do not possess. In a sense,
, it is precisely because of the existence and development of the latter that the ancient Chinese legal system shows certain differences from the legal systems of other countries in the world. For example: the ancient Chinese legal system has a strong patriarchal psychological color and is closely related to the patriarchal hierarchy.
The combination of land and land often manifests itself in the high degree of unity of state power, royal power, imperial power and clan power, paternal power and husband's power; the legal system implements the use of both ritual and punishment, the principle of "morality dominates and punishment supplements", highlighting the "rule by ritual" and "rule by virtue"
, the characteristics of "rule by man"; the legal system adopts a legal system that combines all laws and focuses on punishment. The legal relations of civil, economic, administrative and other departments are often adjusted or sanctioned according to criminal legal norms; the penalty system is quite barbaric and cruel, and the penalty system
Contains a large amount of corporal torture content that destroys human body skin or physiological functions, etc.
This is such backward legal thought!
Marshal Yun's inventions and articles are actually half-baked parallel imports. Law is his only major. He remembers the famous legal story in Germany.
Kaiser Wilhelm I had a Sanssoussi Palace on the outskirts of Potsdam. The palace was built by his ancestor Frederick the Great in imitation of the Palace of Versailles in France. From the top of the palace, you can have a panoramic view of the whole city. The only drawback is that
A dilapidated and old windmill outside the palace affected his mood. William I sent soldiers to negotiate with the mill owner, and was willing to pay a high price to buy the old mill before demolishing it. However, the owner of the mill was a stubborn old man and insisted on calling the mill
It was passed down from ancestors, and the family had lived on it for generations, and would not sell it for any amount of money. William I was so angry that he sent a team of royal guards to forcibly demolish the old mill that "obstructed the appearance of the city."
At this point, if you follow the traditional Chinese concept of "imperial power is supreme", you will think that the miller is ignorant of current affairs and asking for trouble. Who would have thought that this stubborn miller had filed an unprecedented "people sue the king" lawsuit.
A complaint filed against Kaiser Wilhelm to the Prussian Supreme Court. The reason for the lawsuit was that William I abused his power and demolished private houses. The request was to require William I to compensate for his losses and protect his private property from infringement.
The case that attracts the world's attention was heard. The auditorium of the Prussian Supreme Court was packed with listeners from all over the country. William I refused to appear in court and did not send an attorney to respond to the extremely simple civil case with clear facts. After hearing the plaintiff miller's case,
After the statement, the three judges insisted on the wise saying of the goddess of justice, "For the sake of justice, even if the sky falls apart!", after discussion, they finally reached a unified verdict: the defendant William I violated the plaintiff's property rights by misuse of royal power and violated the law.
Article 79 of the Imperial Constitution was violated, and the judgment ordered the defendant to immediately rebuild a mill of the same size on the original site and to compensate for various losses. The legal fees totaled 150 marks. After receiving the judgment, the arrogant William I made a painful balance.
They had to bow to the law and comply with the ruling of the Prussian Supreme Court. A new mill was built opposite the Sanssussi Palace, and the mill owner also received full compensation.
Such a great law!
Yunzheng held the materials in his hands tightly with a determined look: I hope that the spirit of legal justice in China can begin with me, Yunzheng!
------------------I have to tell you in pain that in the past two or three days, I don’t know which family has died in the surroundings. They have been making noises and blowing all night, doing everything.
No, I don’t understand. If the old man didn’t show filial piety when he was still alive, what’s the use of “extremely mourning” after everyone is dead! He also disturbed countless people around him and couldn’t sleep peacefully! This is actually Changsha.
City! I really have the urge to call 110!
He raised his middle finger and cursed: Damn! You have no legal spirit at all!
