Before, Xu Zhiqian never understood why great figures like Fu Bi and Sima Guang believed that Zhang Fei had the ability to establish a new school of thought.
In fact, Zhang Fei did not hide anything from her and told her the concept of the rule of law truthfully.
But she still didn't realize that there was any amazing idea contained in it.
Until after this class... ... ..
Just listening to the conclusion and participating in the derivation process are completely different feelings.
The essence of the entire thought is actually in the process of deduction. If you only listen to the conclusion, you will not feel it is very amazing, because what Confucianism says on the surface also contains many ideas for the people.
Only through the process of deduction can one feel that these are two completely different ideas.
Compared with those students, Xu Zhiqian has another huge advantage, that is, after class, she can still stay with Zhang Fei.
As soon as he got on the carriage, Xu Zhiqian couldn't wait to ask, "In fact, you should really take those students with you to revise the laws in the Song Dynasty Criminal Code."
Zhang Fei asked: "Why?"
Xu Zhiqian said: "Didn't we talk about this issue before? How many people can be redressed for by an ear pen? That's why we have to be officials. But compared to being an official, a law that truly cares about the people can help more people!"
"you are right."
Zhang Fei smiled and nodded, "But you overlooked one thing."
Xu Zhiqian asked: "Which point?"
Zhang Fei smiled bitterly and said, "That's my ability!"
Xu Zhiqian rolled her eyes at him and snorted, "At this point, you still want to hide it from me."
Zhang Fei shook his head, "I am not hiding anything from you, and I am not being modest. Modifying laws and making laws are two different things from what I said in class.
To amend the law requires rich experience, incomparable wisdom, and careful thinking, none of which I possess. I can tell them what principles should be followed in litigation, but I cannot write a written law with a pen. "
Xu Zhiqian glanced at him and saw that he didn't seem to be lying, so she asked, "Really?"
Zhang Fei nodded. "You said it yourself. A good law can prevent more wrongful convictions than a good official. But it is also a double-edged sword. If the law itself has huge problems, it will harm many people."
After saying this, Xu Zhiqian also felt that she had thought too simply. She knew Zhang Fei's little flaws better than anyone else. She asked again, "Do you think the government will support your legal system?"
Zhang Fei shook his head and said, "I'm not sure about that."
To be honest, Zhang Fei does not have this ability. Talking about the concept of the law of rule of law and actually writing about it are two completely different jobs.
He could not directly copy the laws and regulations of later generations because the objective environment was different. Not to mention the emperor, just talking about the crime of theft, if the laws of later generations were copied, the number of thieves would definitely increase sharply.
Because these days, there are not many jobs for you to do. If you want to move bricks, there are no bricks for you to move. There are only hard labor for you to do. There are two possible results: either you die of exhaustion or you die of starvation.
Based on this situation, if the cost of stealing is lowered, a large number of people will inevitably do it.
A contract is only a relationship between two people, which Zhang Fei can still handle. But a law affects tens of millions of people. If you don't have enough experience and a deep understanding of this society, you will not be able to do this job at all.
It is very easy to criticize something. Confucius and Mencius were both criticized a lot. But just because you can criticize doesn't mean you can do better than others.
The significance of criticism is often to encourage that person to do better, rather than to follow the principle of "I can do it too".
In terms of his own profession, Zhang Fei has a very clear understanding of himself.
... ...
Temporary palace.
"What do you think of this law of the system?"
When the young emperor Zhao Xu returned to the palace, he asked the prime ministers with great interest.
The prime ministers glanced at each other.
Wen Yanbo was the first to speak: "It is undeniable that this legal system does have many ideas that are worth our deep consideration."
Zhao Yan also said: "From the perspective of the legal system, our dynasty's laws do have many shortcomings."
Lu Gong said: "In fact, some of the laws of our dynasty also contain the idea of the law of the law, such as the door of extinction of assets and the door of death of merchants. These do not involve punishment, but use the law to deal with the relationship between people and property. This is unprecedented in previous dynasties."
Although the "Song Dynasty Criminal Code" is almost the same as the "Tang Dynasty Law Commentary", the Song Dynasty was the first to legislate on private inheritance. It was also the first dynasty to explicitly stipulate that women have inheritance rights. Although the conditions are very harsh, it is also a kind of progress.
This is still related to the business environment of the Song Dynasty.
People in the Song Dynasty found it easier to accept and understand the idea of the law of law.
Wang Anshi smiled and said, “From this we can see that it is no coincidence that the law of legal system appeared in our dynasty!”
Zhao Xu nodded and said, "Since everyone has expressed appreciation for this law of legal system, should the court give it more consideration and amend the law based on the law of legal system?"
He is a pure action-oriented person. If something is really valuable, he will use it. Hesitating is not his style.
"Laws are related to the foundation of a country and cannot be changed at will. I hope the emperor will think twice before acting." Wen Yanbo immediately poured cold water on him.
Zhao Xu's expression changed slightly, but he said nothing.
Can you not sing the opposite tune
Wang Anshi immediately stood up and said, "The situation in our dynasty is very different from that in the previous dynasty, but our dynasty's laws have been following the laws of the Tang Dynasty. At the beginning of the founding of the country, it was able to help Taizu and Taizong stabilize the country. But at this moment, we should formulate laws suitable for our dynasty."
Zhao Yan immediately retorted: "Although the situation in our dynasty is different from that in the previous dynasty, it is generally similar, and there are also amnesty orders to supplement it."
Wang Anshi said: "Prime Minister Zhao's words make sense. The government can make adjustments with an amnesty order, and there is no need to amend the Song Dynasty's criminal code."
Zhao Yan said mercilessly: "The government's pardon order should also be used with caution. The law is too heavy for us to bear. If we change the order every day, it will only make the law lose its authority. This is putting the cart before the horse."
Sima Guang stood up and said, "Your Majesty, it is too frivolous to change the law based on Zhang San's three lessons. It is also difficult to convince the public!"
Wang Anshi immediately retorted: "If that's the case, why are you still suggesting judicial reform?"
Zhao Xu also looked at Sima Guang with a little dissatisfaction.
Wasn't this something you came up with
Sima Guang immediately said, "I am suggesting to adjust the judicial system, not to amend the laws and regulations in the Song Dynasty Criminal Code. The two cannot be confused."
Except for Wang Anshi who supported it, almost all other prime ministers were against it.
Since the founding of the Song Dynasty, the "Song Criminal Code" has hardly been changed, and all supplements are based on the emperor's pardon. The ministers have a consensus on this point.
Once any regulation is written into the Song Dynasty Criminal Code, it should not be changed easily.
They all believed that the key to a law lies in its authority, and whether it is good or bad is secondary. Moreover, the laws and regulations in "Tang Law Commentary" have undergone hundreds of years of research and practice, and they cannot be too bad. However, if they are changed at will, the law may lose its authority.
But Shenzong was a reformist and he wanted to make changes. In the two years since he ascended the throne, he had actually issued amnesty decrees many times, and many of them were rejected by the Council of State, which made him very unhappy.
But this also aroused the ministers' vigilance.
With the frequency of your amnesty orders, what law do you need? Just let your emperor say whatever he wants.
If we infer from historical results, Shenzong's excessive issuance of amnesties and citing of precedents also caused almost irreparable damage to the Song Dynasty's judiciary.
Many people often don’t understand why a very reasonable law, which is absolutely impeccable, may have to go through more than ten or twenty years of discussion before it can be promulgated.
This has resulted in a serious lag in the law.
That's the reason.
Because once the law becomes one that keeps up with the times, changing today, tomorrow, and the day after tomorrow, the result will inevitably be getting worse, not better.
The law has become very perfect, but no one keeps it.
What's the point
Zhao Xu disagreed with this. He thought that you old guys are just guarding against me and not letting me have the final say. He suddenly looked at Fu Bi who was silent at the side and asked, "What do you think, Lord Fu?"
Fu Bi glanced at Zhao Xu, then at his colleagues, thought for a moment, and then said, "Your Majesty, as Zhang San said in class, the law of the legal system is completely different from the Song Dynasty's criminal code. If the emperor uses the amnesty order to promote the law of the legal system, it will only cause the amnesty order to contradict the Song Dynasty's criminal code, which will cause chaos in the world."
Seeing Fu Bi's status, Zhao Xu was stunned and nodded awkwardly, "Mr. Fu's words make sense. I just didn't consider it enough."
Fu Bi immediately added, "But I also agree that the concept of the legal system is indeed better than the Song Dynasty's criminal code. Since ancient times, countless wise ministers have often suggested that monarchs govern the country with benevolence. However, in most cases, although there are benevolent policies, the people have heard of them but have never experienced them. The reason is that the laws since ancient times have not included the idea of protecting the rights and interests of the people, which has led to the monarch's benevolent policies being unable to be fully implemented, and even turned into tyranny in the hands of corrupt officials. The legal system may be able to avoid this."
Wen Yanbo, Zhao Yan and others couldn't help but look at Fu Bi in surprise.
Zhao Xu nodded, and then asked in confusion: "I wonder what Mr. Fu thinks?"
Fu Bi said: "I agree with what Prime Minister Zhao said. Laws cannot be changed all the time. In a stable country, the laws must also be stable. But I also think that the concept of the rule of law can indeed make the country more stable and prosperous.
Therefore, if Your Majesty wants to promote the rule of law, you must regard it as a top priority for the country, issue an order to announce it to the world, and at the same time formulate a set of detailed rules for amending the law and gather talents from all over the world to make amendments. Otherwise, it is better not to do it. "
What I meant was that I support the law of law, but Zhao Yan and others are also right. Laws cannot be changed frequently. If you want to change them, you can't just say one word and it's done. You have to give them enough respect and treat it as a top priority for the country.
Because if it is like this, it cannot be considered an easy modification, as it requires the use of national power, and it will be difficult for future generations to follow suit. If they have the spare time, they might as well do something else.
If it were Renzong or Zhenzong, it would probably be fine, but you are taking it too far.
However, Zhao Xu was very ambitious. Emperor Wu of Han had done such things before, as had Emperor Taizong of Tang. Both of them were beyond their ancestors.
If this step is successful, his status will be greatly improved.
Although Wang Anshi and Fu Bi disliked each other, he firmly supported Fu Bi. If you want to change the Song Dynasty's criminal code, then my reform will become more reasonable.
The Song Dynasty's Criminal Code was truly a revision of the ancestral laws.
Instead, Wen Yanbo, Sima Guang, Zhao Yan and others were worried.
Big brother!
Are you being a little impulsive
Zhao Xu thought for a moment and then asked Fu Bi, "Are you willing to take on this important task, Mr. Fu?"
Fu Bi folded his hands and said, "If the emperor does not mind my old age, I am willing to serve you until my death, but this is a matter of state and needs to be discussed by the court."
Zhao Xu nodded slightly and said, "Okay, everyone, please think about it carefully and see if it is feasible."
"I obey your command."