Northern Song Dynasty Justice

Chapter 490 Extracurricular Tutoring

"Absolutely not!"

Su Zhe looked horrified, and immediately stopped him: "Those people don't know the law at all, and they can only act on their emotions. If they become a judicial system, they will only disrupt the judiciary, and they will do a lot of harm and no benefit."

Previously, he thought that Zhang Fei did this only to make his own judgment more convincing, and the result was the same. In the end, Zhang Fei became a person who imposed additional punishments, and his claim was to cater to those schools of etiquette.

Get a standing ovation.

It's a great idea.

But clever tricks can only be used for a while, and cannot form a permanent system.

This is absolutely impossible.

Anyone with a discerning eye knows that Lu Chapo is purely emotional and irrational.

Cai Bian also said: "Today's teacher's arrangement, no one knew in advance. If it becomes a system, it will inevitably breed corruption. It is easy to bribe these petty citizens."

Cai Jing shook his head and said: "There is no need to bribe them at all. A few words of intimidation will make them afraid to speak up. Who would want to get angry for other people's affairs."

Shangguan Jun and Ye Zuqia also expressed their opposition.

Fu Shichun thought it was interesting, but he didn't speak.

Xu Zhiqian was also slightly worried, but since she married Zhang Fei, she rarely contradicted Zhang Fei in front of outsiders.

Zhang Fei said with a smile: "Not only that, but you have to choose to be unfamiliar with the persons involved in the case 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 increase the cost of the trial. Knowing that our public prosecution law is more costly than the previous judicial system, this will make the situation worse."

Su Zhe and the others nodded frequently.

wrong!

Something seems wrong?

Suddenly, they looked at Zhang Fei at the same time.

What the hell do you mean?

Zhang Fei said with a smile: "Everything has pros and cons, so let's list the cons first, and then compare the pros to see if it's worth a try."

Su Zhe cupped his hands and asked, "I would like to hear your advice."

"Where! Where!"

Zhang Fei bowed his hands back and said, "First of all, we must clearly understand what philosophy this system is based on."

When he said this, everyone immediately entered the class state.

"The law of the rule of law." Shangguan Jun said.

"Not bad!"

Zhang Fei nodded and said: "Whether it is the law of Confucianism or the law of Legalism, it is impossible to give birth to this system. There is no foundation. There is only a law based on the legal system, because what is the concept of the legal system?"

"A consensus among people to defend their legitimate rights and interests."

The four said in unison.

Su Zhe was very depressed, are you in class?

What am I doing then?

It was obviously a matter of discussion, but in the end, his status seemed to be a bit lower.

"I remember 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 Zhe regretted it a little. I really became a student, but thinking about Wang Anshi and Sima Guang answering Zhang Fei's questions in class, he is nothing.

Zhang Fei asked Su Zhe, "Why did Mr. Su Xiao say it's not certain?"

Su Zhe said: "From the "Fa Jing" of the Wei Dynasty to the "Song Xing Tong" of the Song Dynasty, although the main regulations have not changed, many regulations have been added or subtracted. If we look at the legal system, it means that consensus is happening. Some changes."

"Mr. Su Xiao's words are justified, and the facts are just like that."

Zhang Fei nodded with a smile, and said: "Suppose we select a hundred people to participate in the trial, and these one hundred people are all-encompassing, involving all classes, and can reflect a consensus among the common people, then when they have their own opinions on a case what is the verdict?"

Several people lowered their eyebrows and thought about it.

After a while, the Shangguan took the lead and said: "Legislation!"

"correct."

Zhang Fei nodded, "It's legislation. I am here this time, but I also bear this important responsibility."

The reason why Zhang Fei is given the right to precedent is that Fu Bi hopes to get some legislative ideas for the rule of law from his judgment.

Without examples, it is difficult to legislate for people like them who are already accustomed to legalist law.

On the contrary, for Zhang Fei, he must explain it by the law of the rule of law, because his power is based on the law of the rule of law.

Zhang Fei continued: "You have to remember one thing, those of us who are proficient in the law have a relatively fixed way of thinking, coupled with our identities, even upright people can only consider how To be tolerant is to be kind to the people, but often this kind of "good to you" is not an understanding, Master Xu is very clear about this."

Xu Zhiqian was stunned for a moment, and then her cheeks became dizzy, "You talk about yourself, why mention me."

Zhang Fei loves to play with this stalk, so he asked Cai Jing and the others: "When you help Fu Gong make laws, do you often feel powerless?"

They nodded immediately.

"It's 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. In fact, sometimes the people think very simple, but you think too complicated."

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 eliminate corruption first. Under relatively rational and fair circumstances, the reasons for their judgment can help us legislate."

Cai Bian and the others nodded thoughtfully.

Cai Jing suddenly said: "If the common people decide, such as the case of tax evasion, they will definitely be acquitted. It is meaningless to ask the common people all over the world who would want to pay taxes."

Zhang Fei said with a smile: "The legal concept of the legal system is that the interests of the country and the monarch come first. Based on this, as long as the interests of the country are involved, this should not be done. At the same time, simple murder cases cannot be tried in this way. Only This kind of system can only be cited if there are problems of that kind of breadth.

For example, Cai Jing murdered Ye Zuqia out of profit. "

This metaphor is true!

The faces of Cai Jing and Ye Zuqia turned green.

Why don't you compare Shangguan Jun and Cai Bian.

Then I heard Zhang Fei continue to say: "This is just a conflict of interest between the two of them, it has nothing to do with others, but the master killed the servant, and the landlord killed the tenant farmer, can I quote it?"

The four nodded at the same time.

"of course can."

Zhang Fei said: "Because this is a widespread problem, people's opinions should be taken into consideration, but the decision must still be made by the chief judge, but the court record must also record these judgment opinions, so that it can also be used for The imperial court and the procuratorate form a kind of supervision.

If it is only a matter of the interests of Cai Jing and Ye Zuqia, even if the judgment is wrong, it will hurt the chief judge, the chief prosecutor, as well as the defendant and the plaintiff, but if it is a wide-ranging problem, it will cause very bad effects, and more supervision Not bad at all.

It can also provide some ideas for the judge. "

Su Zhe, who was still resolutely opposed just now, couldn't help but nodded slightly when he heard this.

Zhang Fei continued: "Besides, the conditions we just mentioned, except for national interests, must be extensive. Based on these two conditions, there are not many cases where they can participate.

This will not cause us too much burden, but may improve the efficiency of some cases, because when faced with some cases between the law and reason, the president of the judge is sometimes really in a dilemma. When the introduction of the third Or, it can reduce the pressure on the president of the judge, and it will not be said that it will be delayed for a long time. "

Su Zhe smiled and said, "Just like this case."

Zhang Fei smiled, and said: "Besides this, there is another benefit, that is, it allows more people to understand the law. The concept of the law of the rule of law is to protect the legitimate rights and interests of individuals, but first the 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 we still need to be cautious. First of all, there must be a clear system to stipulate which cases cannot use this system, and those cases that can be cited, as well as how to select people and how many people to choose." people."

Zhang Fei nodded and said: "Of course, and there is no rush, you can take your time, after all, we have just established ourselves here."

Su Zhe breathed a sigh of relief, he was really afraid that Zhang Fei's head would get hot, and he would directly formulate this court trial system.

Obviously he doesn't know Zhang Fei well enough, every step of Zhang Fei seems bold, but in fact he is steady.

Although both the civil law system and the maritime law system actually have the jury system, it is just that the functions are different.

But Zhang Fei never considered these factions. After coming here, he never thought about whether it is the mainland or the ocean, because this is a feudal society with many restrictions, and it cannot be copied mechanically. It can only be said 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 a kind of progress.

As for the introduction of the jury system, Zhang Fei had thought about it a long time ago, but the purpose is really not for justice and supervision, that is secondary, but mainly for the popularization of the law and legislation.

Because some laws are very feudal at present and involve Confucian etiquette issues, such as the mutual killing between master and servant mentioned just now, if Zhang Fei wants to change it by himself, he will make too many enemies and the pressure is too great, so he has to turn a corner , use someone else's mouth to say it, and then use it to test it out, if it works, it will work, if it doesn't work, let it go.

In this feudal society, he will not insist too much, after all, the head is the most important.

However, today's lawsuit is also a unique lesson for the people of Hezhong Mansion.

Although Hezhong Mansion also has Erbi, but it is the same as the previous Kaifeng Mansion. Erbi generally does not go to court and only writes pleadings. In fact, it is far inferior to the previous Kaifeng Mansion.

They only found out today that they could still try cases like this.

Unfinished!

At the same time, this justice concerns everyone, including those 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 more praises.

Even if it is a brush man and a reasonable person, they have to wait until they boast to a certain extent before they will show up and put forward different opinions to show their talent and depth.

The largest restaurant in Hezhong Prefecture, Shuiyun Pavilion.

In an elegant seat on the third floor, Wei Yingfang heard the discussion downstairs, took a sip of mulled wine, and sighed: "It's really not worth the money!"

Originally, he wanted to use this lawsuit to make things difficult for Zhang Fei, but he didn't know that with this case, the public security law became famous and deeply rooted in the hearts of the people, which made him very speechless.

Cao Yi hurriedly said: "Wei Tongshou should believe it now. What my cousin said is true. This man is very capable, especially when it comes to the law."

Wei Yingfang said angrily, "Wouldn't that be even worse."

"That's not entirely true." Cao Yi laughed.

Wei Yingfang hurriedly asked, "What countermeasures do you have?"

Cao Yidao: "My cousin said that they had no choice but to take Zhang San because he was just a pen, not an official, and he was the son-in-law of Dali at that time, so there was no way to take him. But This moment, that moment, now he is an official, he shoulders the responsibility, and many means can be used."

"E.g?"

"For example, Yanli."

"Salt Lee?"

"Not bad!"

Cao Yidao: "In the final analysis, this case only involves filial piety. As long as Zhang San is not confused on this point, he will naturally get everyone's support, but if it is about interests, then it is not necessarily so.

Many officials have proved before that if anyone wants to use salt, he will inevitably attract endless retaliation, and no one can avoid it.Look at that Xue Xiang, although he has a good political record and now has the support of Wang Xueshi, he has been impeached all the time, not because of the new law, but because of the profit.

This salt administration is a pool of muddy waters. Everyone knows whether it is illegal or not, but everyone can only turn a blind eye, because salt interests are related to finances, and there is no room for loss! "

"good."

Wei Yingfang smiled and nodded: "We can choose some cases for him to try. Whether he offends the officials or the people, he can choose by himself. Hehe.!"