However, things in this world are usually very complicated. Tianlai Novel | 2
Especially when it comes to issues involving Confucius, we must be extremely cautious.
The reason is very simple. Although in Liu Che's eyes, Confucian thoughts and pursuits are somewhat pedantic and outdated.
But this is not the case in the eyes of the landowners, scholar-bureaucrats, and nobles all over the world.
In the eyes of many people, although Confucius's current status is not as good as that of Zhou Gong, he is still the strongest among hundreds of schools of thought.
Even though Zhuangzi hated Confucius and wrote "Pirates of Tuo" to criticize Confucius' academics and thoughts, he did not dare to deny the charm of Confucius' personality.
Even Han Feizi, another man who once concentrated his firepower and fiercely criticized Confucian culture and thought, also admitted that Zhongni was a sage in the world, who practiced the enlightened way and traveled in the sea.
As for Liu Che, he knew that if we look at it purely in terms of morality and character, Confucius's personality charm is indeed unstoppable.
In fact, even today, many people criticize Confucius within the Legalists, Mohists, and the Huang-Lao School.
But there are also more people who worship and respect Confucius.
For example, Jia Yi and Jia Changsha once publicly praised that after Duke Zhou, the only person in China who could be called a saint was Confucius.
Therefore, in fact, to this day, Confucius and Confucian culture have already been deeply integrated with China and the civilization of Zhuxia.
In a sense, Confucius and his Confucian culture have even become an organ of Chinese civilization.
Just like Legalism, Mohism, and Huang Lao School.
If you want to cut it off, you have to pay the price in blood, and you may even become hemiplegic.
Therefore, Liu Che never wanted to eliminate or cleanse Confucianism.
He is not crazy!
Seeing that the Confucian and Legalist factions were about to fight in court, Liu Che quickly stood up and said with a smile: "I understand what you said..."
Only then did the two schools of Confucianism and Legalism, which were about to stage an all-out martial arts show, bow their heads in submission.
"In my opinion, the case of Zhi Gong should be decided like this..."
Following Liu Che's words, the ministers, students, and doctors all knelt down to listen to the verdict.
There is no doubt that this will also be the final verdict on this historical unsolved case.
Seeing this scene, Liu Che was also a little excited. At this moment, he felt as if he was in a sacred and solemn constitutional court, and he was holding the code and was about to make the final and final explanation.
He knew very well that every word he said next might affect Chinese laws, society, and systems for hundreds or even thousands of years.
Therefore, every word must be considered again and again, carefully and carefully.
We must be responsible for ourselves, our country, and history.
"I heard that Zhongni said: Don't do to others what you don't want others to do to you. In Zhi Gong's case, Zhi Gong's father stole a sheep, and the victim lost his sheep. I am very concerned about it! According to Han law, the stolen goods exceeded 660 coins.
, the tattoo is for Chengdan pounding. If the profit is less than 660 yuan, and if it is more than 200 yuan, it is Chengdan pounding! If the direct father steals the sheep, he should be prosecuted by the government and punished according to the law!" Liu Che said slowly.
Following his words, the faces of the Confucian ministers and students were ashen, their hands and feet were cold, and they couldn't do anything.
Because this is indeed the current regulations and provisions of Han law.
As for the sheep that Zhigong's father stole, according to today's market price, it is probably not worth 660 yuan, but it is definitely worth 200 yuan.
Therefore, Wanweicheng Danchuang did not run away.
This Tao Cheng Dan Chung and Complete Cheng Dan Chung are actually the same cool method.
It's just that the former tattoos words on the face, usually with a word that is the same as the sentence the criminal committed, to humiliate or remind others.
And this is a simple punishment.
Of course, the specific prison terms vary from person to person.
At least, the latter can still move around and pay for a reduced sentence or a pardon, but the former cannot be bought even if you have money.
This is also the reason why in the Han Dynasty, thieves and robbers were usually the same type of people.
Because, whether it is stealing or robbery, in fact, the punishment is the same.
If it is a group crime, it will be punished by death.
It may even involve family members.
Therefore, everyone in the Legal family was rejoicing and overjoyed.
Some people even have a feeling in their hearts that "justice has finally been heard today."
But Liu Che knew that this matter could not be solved just like this.
Otherwise, there will definitely be immeasurable consequences.
After all, this is a feudal society.
Even the Legalists respected loyalty and filial piety, and emphasized maintaining the status and authority of the male head of the family.
Otherwise, there would be no difference between official announcements and non-office announcements.
What's more, the Liu family claimed to "rule the world with filial piety." When an emperor dies, his posthumous title must have the word "filial piety" in it.
If Liu Che plays like this, he will be slapping himself and his father-in-law in the face!
Therefore, he went on to say: "To accuse his father directly, according to the law, he should be exempted from the blame and rewarded according to the rules. However, to accuse his father directly, in terms of human ethics, is quite unacceptable..."
This is also where the conflict between today's legal and social realities lies.
It is a serious disease.
The current Han laws can be said to be somewhat rigid and rigid to some extent.
Take the change between official announcements and non-official announcements as an example - according to Han law, if there is a crime within the family (if no other people are involved), then people within the family cannot report it on their own.
It's useless, the government will never accept it. On the contrary, if you complain again and again, you may even be beaten to death!
However, if an outsider comes to sue, but your family cannot report it, and eventually the crime is proven, I'm sorry, the whole family will sit together!
This kind of brain circuit is the product of Legalist thinking.
But the problem is that such a law is impersonal, rigid, stubborn, and has no room for rotation.
Black is black, white is white.
Let alone today, I am afraid that in another two thousand years, it will be difficult to be accepted by the people.
Therefore, the implementation of many provisions of Han Code, especially the regulations between official announcements and non-official announcements, actually depends entirely on the personal will and ideas of the officials in charge.
When encountering Legalist bureaucrats, they will naturally enforce the law strictly and show no mercy.
However, Confucian and Huang-Lao officials went to the other extreme - they pretended that there were no such laws at all.
As long as the matter doesn't get too big, like Tiying did when she saved her father, and it gets brought to the emperor, they won't care about it.
Therefore, in many places, wealthy landowners beat to death their servants, servants, and even concubines and children, just like killing a dog.
There are not just one or two corpses buried in the courtyards of many wealthy and powerful people.
The victim and his parents and brothers have no way to complain.
This is definitely not possible.
The most important point is that such laws will cause many social problems and moral paradoxes.
Therefore, the rulers of later generations simply did not bother to care about these matters anymore and left the related issues entirely to their families and clans.
So there was lynching.
Liu Che naturally could not accept such a situation.
"Therefore, I think it should be like this. If there is another case similar to Zhi Gong's in the future, then Zhi's father will be punished to pay the victim's loss. Zhi's father will be exempted from punishment, but Zhi Gong will not be rewarded again..."
After Liu Che said this, he also let out a sigh of relief.
He naturally knew that there would be some problems with such a choice.
But, in fact, that was a problem that he only had from his thinking two thousand years later.
In fact, in today's society, due to culture and tradition, this is actually the best choice.
Otherwise, whether Zhi Gong's father is found guilty or not guilty, it will lead to disaster.
Even, in the end, Confucianism, Legalism, and even the Huang-Lao sect could not accept it.
After hearing the emperor's ruling, both the Confucians and the ministers looked at each other with dissatisfaction in their eyes, but they all knew that this was indeed the best solution.
Politics is about compromise, about compromise.
This ruling by the emperor not only took care of the face, feelings and demands of Confucianism, but also maintained the dignity of Legalism and the dignity of the law.
Most importantly, it also provides a way to solve similar family problems in the future.
In the future, if we encounter similar family crimes, for example, the master of the house accidentally beats a slave to death, according to the system, the slave and his relatives cannot file a complaint, but the government can pursue it, and outsiders can file a complaint.
This often creates many social problems.
However, after the emperor's ruling, there was a solution acceptable to all parties.
If something like this happens again, a member of the family can be assigned to report it to the government, and then the victim will be compensated for some losses, and the matter will be resolved.
In this way, blood revenge can be reduced by at least 50%. In the past ten years, more than half of the blood revenge cases were because the avenger had relatives/friends who were accidentally killed by their masters, and they asked for help.
With no way to go, and unable to swallow this sigh of relief, he went away to a foreign country, learned martial arts, and then sneaked back to his hometown to avenge himself.
However, in fact, according to Han law, if the master's parents accidentally kill their slaves, their children will also be killed.
Even if it is reported by others or discovered by the government, it is actually just a loss of money.
In doing so, Liu Che actually ensured and stabilized social order.
In addition, it also opens the door for future state interference in illegal and criminal behavior within families.
Otherwise, with the current laws, it would be difficult for the state to intervene in criminal behavior within a family, let alone investigate tax evasion.
After thinking for a while, Liu Che said again: "Tingwei, please pass on my order. Sons who raise their parents, slaves who raise their masters and parents who are illegal, all should be treated as three rings, and only after three rings can they listen!"
"No!" Tingwei Zhao Yu bowed immediately.
This so-called "three rings" is a system that has existed since the Qin Dynasty.
But, in the past, it was targeted at parents suing their sons/daughters.
The meaning of these three rings is that the three local elders, the government and family members should advise each other three times. After three times of advice, if you still want to file a complaint, the local official can accept it.
Moreover, each time the advice was given, it was on a different day.
Undoubtedly, this is a law designed to maintain harmony within the family.
In fact, even Legalists attach great importance to family and internal family ethics.
This is also due to China’s special social culture and tradition.
For Chinese people, the three most important things have always been: family, ancestors and land.
This is true whether it is now or two thousand years later.
