Encouraged by Zhang Fei, Feng Nanxi was also full of confidence and fighting spirit. The reason why Zhang Fei asked him to participate was not because he was familiar with the law, but because he was one of the parties involved. He was very clear about the causes and consequences, everything that happened at that time, and he also secretly investigated it afterwards.
I had asked about it in general terms before, and this time I mainly asked about some details, which was what Zhang Fei was best at. He often asked about details that others didn't care about.
After asking clearly, Zhang Fei took this more detailed confession to Xu Zun to see.
I have to say that the father and daughter of the Xu family are a perfect complement for Zhang Fei.
Xu Zhiqian can provide technical support to Zhang Fei, while Xu Zun can provide him with experience support.
It will take time to figure out how the Northern Song government works!
After reading it, Xu Zun still maintained his original judgment, "The most critical part of this case is the box of stones. If we can find evidence, we may be able to overturn the case."
But at this point, he sighed, "To be honest, I have read some cases related to Yaqian runners recently, and many of them are problematic. This is not an isolated case. So... your judgment is correct. If we conduct an investigation, we will face great obstacles. According to this confession, they lack witnesses and physical evidence, and may not be able to find evidence."
Zhang Fei said: "Even if I can, I don't dare to take the risk."
This is already a systemic corruption. If the case is to be overturned, the scope of involvement may be unimaginable. Without the guarantee that it will be investigated fairly, Zhang Fei dare not take this step lightly.
If you’re not careful, you might get dragged in by them.
Xu Zun nodded in understanding.
Xu Zhiqian asked, "Now that you have gained the support of Grand Secretary Wang and Grand Secretary Sima, how do you plan to sue the court?"
Xu Zun also looked at Zhang Fei with great curiosity. "Yes! Whenever you file a lawsuit, no matter who the other party is, first of all, there must be specific regulations to support your lawsuit. I recently looked through the Song Dynasty Criminal Code, but I still can't find a law that allows you to sue the court."
In recent days, he has also been thinking about this issue. Nowadays, when citizens sue officials, they mainly sue officials for corruption, and it can even be expanded to the entire government.
But he really didn't know how to sue the entire court.
The most crucial point is that the emperor is the boss of the court. If you sue the court, does that also include the emperor
Sue the Emperor
this... ... .!
This is indeed a dead end.
Zhang Fei said: "The law of our ancestors."
"The law of our ancestors?"
Xu Zun and his daughter said in unison, again with a look of surprise on their faces.
Zhang Fei explained: "It is the rule set by Taizu and Taizong."
Speaking of this "law of ancestors", I believe many history enthusiasts are very clear about it, because this statement was often mentioned in the Ming Dynasty. Although this statement has existed since ancient times, because Confucianism advocates filial piety, it was rarely used before the Song Dynasty.
This is because during the Han and Tang dynasties, the entire Central Plains dynasty was in a stage of outward expansion.
Under such circumstances, it was impossible to abide by the laws of ancestors and one had to keep pace with the times. As soon as Emperor Wu of Han came to power, he replaced the previous systems and ideas.
What ancestral laws? I am the ancestor.
Li Erfeng even directly forced his father to step down and it was impossible for him to abide by his father's rules.
By the Song Dynasty, the Central Plains dynasty gradually stopped its expansion and began to shift its policy from outward-looking to inward-looking.
The ancestral laws were actually popular in the Northern Song Dynasty, and it was also from here that the ancestral laws became a systematic concept.
The first person to systematize the ancestral laws was Ouyang Xiu, and the one who thoroughly promoted this theory was none other than Sima Guang.
During Wang Anshi's reform, Sima Guang raised the banner of ancestral laws.
Since Sima Guang, the laws of ancestors have become the creed of conservatives.
But for now, the ancestral laws are still just becoming popular.
But the laws of our ancestors are not legal regulations after all. Generally speaking, only court officials like to quote them. It is outrageous for you, a scribe, to quote the laws of our ancestors.
So it took Xu Zun a while to react, "But this is not the law."
Zhang Fei said: "Although this is not a law, it is better than a law because even the government officials have to follow it. Only by citing the laws of our ancestors can we sue the entire court. Even if it includes the government officials, I have a good reason and no one will think that I am guilty of disrespect."
In fact, Zhang Fei had thought of this a long time ago, because in his era, the Constitution was the most useful when suing the government. Although there is no Constitution now, there are ancestral laws.
Xu Zun still couldn't understand what was going on, and he frowned as he began to think.
Xu Zhiqian nodded and said, "Dad, I think Zhang San's plan is feasible. Didn't Mr. Fan often quote this ancestral law to persuade the government before? Since the ministers can use it to restrain the monarch, the people can naturally use it to restrain the court."
"What do you know?"
Xu Zun glared at her and said, "Laws are written regulations. They are very strict and do not allow for the slightest deviation. Although there is the so-called ancestral law, it is not a written law after all. No one can tell what it is specifically. How many people in the world know the ancestral law? If the ancestral law is included in the law, it will be a mess."
Although he likes to take unconventional approaches, he is also a legalist.
For example, when Fan Zhongyan, Ouyang Xiu and others quoted the laws of ancestors, they were all citing some anecdotes and policies of Taizu and Taizong, collectively referred to as the laws of ancestors. However, if these things were all positioned as laws and regulations, the entire judicial system would be ruined.
Why bother with "Song Dynasty Criminal Code"? Why not just read the history books directly
Zhang Fei said: "The reason why you are worried is that the current ancestral laws are very vague and lack specific regulations. This time I will turn the ancestral laws into specific regulations. This will not only not interfere with the judiciary, but will help the judiciary."
"You...what did you say?"
Xu Zun was stunned. "You turned the laws of our ancestors into specific regulations?"
Zhang Fei smiled and nodded.
Xu Zhiqian blinked, "How...how is this possible?"
The father and daughter looked at Zhang Fei as if he were a lunatic.
You must be crazy!
The laws of our ancestors are decided by a mere whistleblower like you
Then all the emperor and his ministers would have to commit suicide.
What's the point of living
Being infinitely humiliated
Zhang Fei smiled and said, "In court, everything is possible. Besides, I know the law better than them."
Xu Zun asked: "Then tell me, what are you going to do?"
Zhang Fei said: "I have read some of the case files of Taizu and Taizong before, and found that Taizong had issued an edict, 'The previous emperor has been in business for nearly 20 years. He has taken precautions and made rules. The disciplines have been established and everything has its regularity. We should respect and obey them and dare not go beyond them.'"
After listening to this, Xu Zun stroked his beard and said, "This is indeed the law of our ancestors."
Xu Zhiqian asked curiously: "I also know about this decree, but...but what does it have to do with this case?"
Xu Zun also looked at Zhang Fei curiously.
This decree is absolutely legally binding because it is Taizong’s statement about Taizu’s policy, and it goes on to say “We should respect and obey it and not go beyond it.” If even Taizong did not dare to go beyond it, who would dare to do so
But the problem is that this has nothing to do with this case.
Zhang Fei said: "To sum up, this decree is a policy to prevent corruption. Is the current corvée law a corrupt policy?"
Xu Zun thought for a while, and probably understood what Zhang Fei meant, and then asked: "Isn't this a bit far-fetched?"
Zhang Fei smiled and said, "The logic is correct, so it's not far-fetched. Of course, this sentence alone is not convincing enough. We still need a lot of cases as evidence to prove that our case violates the ancestral law. This may require the support of the benefactor."
For example, the regulations in the Song Dynasty Criminal Code all have specific explanations. For example, the reasons for exemption from punishment are explained in detail below.
This imperial edict did not have any specific explanation. It was just a very general sentence. Although everyone understood it, there was no written explanation. This is why Xu Zun believed that this was not a law. If it was regarded as a law, it would cause chaos.
However, Zhang Fei believed that this had legal effect, so the government did not dare to disobey.
However, what is being fought for in this kind of lawsuit is the right to interpretation.
A large number of cases are needed to explain this.
The Dali Temple has a large number of cases.
Xu Zun didn’t quite understand it for the time being, but he was also a weirdo in the legal world, and he was very curious, can this be fought
So I agreed.
See how you play.
I will learn a little bit first, and I will do the same next time.