Judge of the Song Dynasty

Chapter 613: The first lesson of the new year

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Winter goes and spring comes, all things revive, and all good things will start again. But for Hezhong Prefecture this year, all good things should start from this spring.

This spring is different than any other spring before, because after a whole year of bargaining, fighting, compromise, reconciliation and preparation last year, the seeds of judicial reform and new laws have been planted. Whether they can blossom depends entirely on this year.

Brand new laws, brand new salt notes, brand new tax laws, and brand new systems have all officially come onto the stage of Hezhong Prefecture this year.

Some people are looking forward to it, while others are worried about it.

However, judging from the first big market of the year, the effect seems to be quite good.

"Wow... Why are there so many people at the opening of the market this year?"

A scholar stood in front of the market gate and was shocked to see that it was crowded with people.

Then someone nearby said, "It seems to be true."

The scholar turned his head and saw that it was an uncle. He couldn't help but ask: "Uncle, what is true?"

The uncle replied, "It is said that starting from this year, all city taxes will be exempted."

"ah?"

The scholar was shocked. “Why is that?”

The uncle replied, "It seems that the tax bureau stipulated that all taxes should be combined into one. These incomes should be taxed anyway, so the city tax is also exempted."

"I see." The scholar nodded.

Nowadays, all these taxes are under the management of the Taxation Commissioner, because starting this year, the Taxation Commissioner completely abolished the city tax. No one will stop at the door to collect taxes. After finishing their business, the vendors only need to pay market management fees ranging from a few cents to more than ten cents, depending on the size of the stall.

The direct result is that the number of vendors this year is twice as many as in previous years.

"Thief!"

"Thief!"

Suddenly, two loud shouts were heard.

But then a thin figure pushed through the crowd and ran outside frantically.

Suddenly, he flew into the air and then fell heavily to the ground.

"Aiya!" a scream.

But a young man at the stall next to him retracted his foot, then slowly walked forward and said to the thief, "You are such a fool, you actually rushed into the face of our Royal Police."

The thief looked back at the young man and said aggrievedly, "There are so many people here and you are not wearing a police uniform, how would I know, Chief Ma?"

This young man is Ma Xiaoyi.

Ma Xiaoyi shook his head speechlessly, then hooked his finger at him.

The thief obediently put a purse in Ma Xiaoyi's hand.

At this time, an old lady ran over in a panic, "Thief! There's a thief!" Seeing the purse in Ma Xiaoyi's hand, she hurriedly said, "It's my purse, my purse."

"your?"

Ma Xiaoyi raised the purse in his hand.

The lady nodded and said, "It's mine. It's really mine."

Ma Xiaoyi handed the purse to the lady.

"Thank you, Royal Police. Thank you, Royal Police."

"You're welcome. This is what we should do."

Ma Xiaoyi then twisted the thief and said, "Come on! Come with me to the police station."

The thief said with a sad face: "Captain Ma, give me a chance. I just couldn't help myself. This is really my first time stealing."

Ma Xiaoyi said: "Stop talking nonsense! Recently, this market is in need of cleaners."

But just as I walked out of the market, I suddenly saw a group of people running forward in a hurry.

"What happened?" Ma Xiaoyi was stunned and hurriedly called someone to ask, "Young man, what happened?"

"You don't know, the chief judge is going to give a lecture at the law school today, and we have to go grab a seat now."

After the young man finished speaking, he hurriedly ran away with the crowd.

"Yeah?"

Ma Xiaoyi said depressedly: "Third brother didn't even tell me."

As he spoke, he glanced at the troublesome thief in his hand.

The thief rolled his eyes and said, "Captain Ma, I promise, I will never steal anything again, you... you just have to forgive me this time."

Ma Xiaoyi hesitated for a moment and asked, "Really?"

"really."

The thief nodded hurriedly.

Just as Ma Xiaoyi was hesitating, Zhou Jia suddenly came over and said, "Captain Ma."

"Brother Zhou, you're here just in time."

Ma Xiaoyi pushed the thief forward and said, "This guy just stole something in the market and I caught him red-handed. Take him to the police station to interrogate him."

"yes."

Zhou Jia immediately came over and captured the thief.

The thief has lost all hope in life.

"I have something else to do, so I'll leave first."

Ma Xiaoyi started running towards the crowd.

Zhou Jia asked curiously, "Has Chief Ma encountered a big case?"

The thief said, "Officer, if you let me go, I will tell you."

Snapped!

Zhou Jia slapped the thief on the head and said, "You thief, you dare to negotiate with me? Go away."

... ...

The law school had already started classes last winter, but Cai Bian, Shangguan Jun and Ye Zuqia had always been in charge of teaching them. It was so cold in winter, so how could the chief judge possibly teach them? Now that spring is here and the flowers are blooming, today is the first class of the year, and Zhang Fei plans to take this opportunity to teach them.

When Ma Xiaoyi rushed to the law school, he found that the area around the law school was already surrounded by three layers of people inside and three layers of people outside, and there was no way to get in. Many people were carrying vegetables, rice and wine in their hands.

"so many people?"

Ma Xiaoyi jumped a few times at the back of the crowd, and suddenly an idea came to him. He squeezed in while shouting, "Make way, make way! This sheriff has been ordered to maintain law and order here."

When everyone saw that it was Ma Xiaoyi, they immediately made way for him, and Ma Xiaoyi successfully reached the corridor.

This law school is just a large bungalow, which can even be understood as having only one classroom. On the one hand, the construction period was too short, and on the other hand, the teachers who came to the law school to teach all worked in the Imperial Court, so there was no need to set up an office.

Of course, this actually makes it easier for more people to attend the class.

Zhang Fei still hopes that more people will be familiar with the law, and at least be able to judge whether their interests have been violated. Only in this way can the public security, procuratorial and judicial systems be deeply rooted, and there will be no problems even if he is gone.

Ma Xiaoyi first looked inside the classroom, but seeing that the podium was empty, he couldn't help but say, "Fortunately! Fortunately! Third Brother hasn't come yet."

He looked around again and found that the corridor next to the classroom had been occupied by officials and literati. He thought to himself, you people always want to go against my third brother, and now you come to listen to my class. You are so unprincipled.

"Prefect Lu is here too?"

Wang Shao walked up to Lu Gongru, Cai Yanqing, Fan Zhen and Yuan Jiang and bowed to them.

Lü Gongru said with a smile: "Now the focus of our entire Shaanxi Road is on your Hezhong Prefecture. You see, I am not the only prefect here."

He glanced to the side.

Indeed! Many prefects and county magistrates from various places came to Hezhong Prefecture on business trips, because everyone knew that this was a very critical year. If successful, it would definitely cover the entire Shaanxi Road. They had to see what was going on and whether the tax commissioner was really as powerful as the rumors said, so that they could prepare early.

Wang Shao also understood the situation clearly and said with a smile, "I heard that when Judge Zhang gave lectures in the capital, even the emperor and Empress Dowager Cao came to listen. It's the first time since ancient times that he can attract the empress dowager, the emperor, and the prime minister to listen to his lectures at such a young age!"

Lu Gongru nodded and said, "This law of the rule of law is already well-known, but we still only have a limited understanding of it!"

Wang Shao said, "Didn't Scholar Yuan and Scholar Fan listen to Zhang San's lectures in the capital?"

Yuan Jiang sighed and said, "I am so ashamed, I am so ashamed. I just missed the first class and I only have a limited understanding of it now! Otherwise, I wouldn't have been defeated by him so many times!"

"Ha ha!"

Everyone burst into laughter.

Cai Yanqing asked curiously, "Is the law of the system so profound?"

They knew Yuan Jiang's talent, but it was incredible that they only had a superficial understanding of it!

Fan Zhen nodded and said, "Otherwise, no one would think that Judge Zhang's legal system is the first of its kind and is indeed unique."

These people were all great scholars with a wealth of knowledge, and their comments made the surrounding officials and literati secretly astonished.

real or fake

Is it that powerful

"Oh! Mr. Liang is here too."

Wei Yingfang walked up to Liang Youyi and said with a hint of surprise.

Liang Youyi snorted, "I came to see whether that young boy has real talent or is just seeking fame."

Wei Yingfang was clear-headed, and you were just looking for trouble, but he said, "I heard that when he was in the capital, even the emperor and the empress dowager went to listen to his lectures in person."

Liang Youyi said: "Perhaps it was Sima Junshi who invited him to come and support his judicial reform."

In fact, many of them are here to cause trouble. In the imperial court, there are rules and it is difficult for them to perform well. If they are not careful, they will be arrested. But in the classroom, haha, there is no first in literature. You dare to teach here, aren't you a sheep that has been delivered to the door

As they were chatting, they suddenly heard someone shouting, "The chief judge is here."

Several people immediately looked up and saw Zhang Fei walking towards them from the special corridor connecting to the imperial court.

In an instant, the crowd further narrowed the circle around the law school. Lu Gongru, Wang Shao, Yuan Jiang and others immediately entered the classroom, stood at the back, and occupied the best seats.

"Huh? What is that wooden board used for?"

Lu Gongru looked at the upright wooden board in front of him and couldn't help but ask curiously.

Yuan Jiang said: "That is a necessary tool for Zhang San in class. He will write what he is talking about on the wooden board and draw pictures to explain it."

"Drawing a picture?" Lü Gongru stroked his beard and smiled, "This is quite novel."

At this time, Zhang Fei had already come to the podium. He took a look at first, "Wow... so many people!" But then he added to himself, "Fortunately, I'm used to it."

"... ... ?"

This first sentence attracted a lot of contempt from people.

Do you think we are all here to attend the class

You'll be in trouble later.

Zhang Fei raised his head and said loudly: "Whether you are a student of the law school or you are here to listen to the class out of curiosity, I hope you can maintain classroom discipline and don't make noise casually. After all, my voice is only this loud."

There was an immediate silence inside and outside the classroom.

In fact, Zhang Fei doesn’t need to remind them. With so many people, how can they listen to the class if discipline is not maintained

Everyone outside the classroom kept their mouths shut and pricked up their ears.

Seeing that everyone was so obedient, Zhang Fei didn't say too much nonsense and said directly: "Let's start the class now."

As he said this, he turned around and wrote four big words on the wooden board with charcoal - the law of the rule of law.

When these four words came out, the scholars looked at each other in bewilderment.

Is this a word a teacher should write

Even if you use charcoal pencil, it won’t look so ugly!

The literati of the Northern Song Dynasty were really obsessed with calligraphy, and many of them were seeing Zhang Fei's calligraphy for the first time, because usually Xu Zhiqian and Cai Jing would write during the trial of cases.

It has to be said that Zhang Fei's words really surprised them.

Everyone, including the students, was deeply disappointed.

As expected of an ear writer.

Zhang Fei completely ignored this. He had already compromised himself on this point. No matter how hard he tried, he would still be despised. All he required of himself was to know it. He said to a student, "Let me see how you studied last year. What is the law of the rule of law?"

Dozens of students were attending the president's class for the first time. They were excited but nervous at the same time. They looked at each other and dared not say a word.

Zhang Fei was surprised and asked, "Don't you know?"

The four little golden boys sitting in the front row were really anxious.

What are you doing? Don't hurt us!

The students nodded.

Zhang Fei said: "Since you know, then tell me!"

The students chanted together: "A consensus to defend the legitimate rights and interests of individuals."

"very good!"

Zhang Fei nodded and said, "Because the source of law comes from a consensus among people. Simply put, everyone thinks that stealing and robbing are wrong, so stealing and robbing should be prohibited. Everyone thinks that killing is wrong, so killing should be prohibited. Later, people like Zichan and Li Kui wrote written laws based on these rules.

The source of law is a consensus among people, and consensus is born out of the protection of personal interests. People think stealing is wrong because they are afraid of being stolen, not because they are worried about others. Therefore, the concept of the rule of law is a consensus to defend the legitimate rights and interests of individuals. "

Although Zhang Fei's lectures were as rough as his handwriting, his words were true and the scholars who were listening in immediately understood his meaning.

"And what I want to talk about in this class is how to enforce the law of the rule of law, at this point."

Zhang Fei suddenly looked at the four little golden men and said, "Your four teachers often make mistakes on this issue as well."

The four little golden warriors forced out an awkward smile, but their hearts were full of anticipation. They were indeed not very skilled in applying the law.

Zhang Fei asked again: "Our Song Dynasty Criminal Code is inherited from...?"

He paused deliberately.

"Tang Law Commentary."

A student answered immediately.

Zhang Fei smiled and nodded to show encouragement, and then asked: "What is the Tang Law Commentary based on?"

Another student said, "Confucianism."

"good."

Zhang Fei nodded and said, "The Tang Code is based on Confucianism, which is what we often call moral governance. But whether it is the previous Tang Code or the current Song Code, do they contain all Confucian ideas?"

No one rushed to answer this question, and all the students present began to think seriously about it.

Cai Bian hesitated a little and said, "No."

"of course not."

Zhang Fei said: "If there were, just based on your attitude towards the teacher in the first class, the four of you would have been in jail a long time ago. How can you still sit here and attend class?"

The four little golden boys lowered their heads in embarrassment. This teacher really holds a grudge! It was such a long time ago, yet he still remembers it.

Many scholars and officials sneered at him, saying that with his character, he should go to jail. Is this the communication between a teacher and a student

This is outrageous!

Zhang Fei added: "Confucianism is profound and extensive, and it is impossible for the Tang Law Commentary and the Song Criminal Code to explain it clearly. So can we gather talents from all over the world and compile a new code based on all Confucianism?"

The students were immediately confused again. It was also the first time for them to take this kind of question-and-answer class.

Many scholars came here to have a quarrel, but because of these problems, they didn't know how to intervene, so they could only be patient and continue listening.

Cai Bian suddenly said: "No."

Zhang Fei asked: "Why?"

Cai Bian said: "For example, Confucianism emphasizes harmony among neighbors, but neighbors often quarrel with each other. If this is taken as a law, then everyone is likely to commit a crime."

"That's a good answer."

Zhang Fei smiled and asked again: "If all Confucianism is compiled into laws, what will it be?"

Those students were confused. What kind of questions were these? No book ever talked about these things!

An old man couldn't hold back any longer. You can't answer such a simple question. No wonder these students can only go to law school and not to the Imperial College. He said, "Confucianism compiled into laws is still Confucianism. What else can it be?"

Zhang Fei glanced at the old man and smiled without saying anything.

The old man was stunned. Did I answer wrongly

How can this be

Ye Zuqia suddenly said: "That is the method of the Legalists."

Zhang Fei asked with a smile: "Why?"

Ye Zuqia answered confidently: "Because the law of the Legalists is to use laws to constrain people's words and deeds, while the law of Confucianism is to emphasize education and let people restrain themselves. If Confucianism is turned into laws to constrain people's words and deeds, it is not Confucian law, but Legalist law."

Many people suddenly realized, while others lowered their heads in deep thought.

The old man who had just answered opened his mouth, looked at his friends around him who were nodding one after another, and then closed his mouth again.

"right."

Zhang Fei nodded with satisfaction, and then wrote "Legalist Law" on the board, saying: "Legalist law is to use laws to regulate everyone's words and deeds, so no matter what the content is, as long as it appears in this form, it is the Legalist law. Then what is the law based on Confucianism?"

"Virtue is the main thing, and law is the auxiliary." Shangguan Jun replied.

"That's right, it means virtue is the main and law is the auxiliary." Zhang Fei wrote these words on the wooden board again.

Everyone around was stunned, including the students. They had agreed to sing Shuanghuang here.

We didn't even understand the question, but you answered it.

Are we idiots

Lu Gongru also gradually understood why Yuan Jiang only had a partial understanding due to missing one class. Just now, when they heard Zhang Fei talk about the concept of the law of the legal system, they thought they understood it immediately, but when they were asked, they were completely confused.

These questions directly depict the laws of Legalism and Confucianism.

The key point to think about is that this is indeed the case!

Fan Zhen whispered, "When Cai Bian and his friends first started teaching, they were just like these students now, totally clueless."

Lu Gongru asked, "Does that mean they didn't discuss it?"

"no."

Fan Zhen shook his head and smiled bitterly: "This is the result of training."

Lu Gongru nodded slightly.

After finishing writing, Zhang Fei suddenly drew a few waves at the bottom of the board, then turned sideways and said, "If Confucianism is like the Yellow River, nourishing the Chinese civilization, who in the world can use the entire Yellow River?"

Everyone shook their heads.

"Of course not."

Zhang Fei smiled and nodded, saying: "This is one of the reasons why the Legalist law failed. The Legalist law tried to use the law to regulate all behaviors, but how is this possible? Everyone's thoughts, beliefs, and knowledge are different. Everyone has different ideas about right and wrong, good and evil. For example, everyone knows that lying is wrong, but many people think that some lies are harmless and need more moral constraints rather than punishment. The Legalist law tried to wield the entire Yellow River for their own use, but this is obviously impossible. Confucianism changed this, so it also had the last laugh."

This explanation caused many scholars to nod their heads frequently. This interpretation was quite novel.

The key point is that Zhang Fei is praising Confucianism.

Zhang Fei continued: "How do we usually use the Yellow River? We dig canals for irrigation and carry water for washing clothes. We only use a little bit of it to solve the problem, instead of waving the entire Yellow River, right?"

Everyone nodded.

"Then we can also explain our Song Dynasty Criminal Code from this perspective."

Zhang Fei drew a bottle on the board again. "We take a little bit of Confucianism and put it into this bottle, and it will form our Song Dynasty Criminal Code. Do you understand?"

Everyone nodded.

Zhang Fei asked: "So what do you think is more important in the law enforcement process, the bottle or the water inside?"

"ah?"

Everyone was dumbfounded again!

This jump in thought is really confusing and has no logic. What's going on with this bottle

Seeing that no one answered, Zhang Fei asked, "Is this question difficult?"

"water!"

"Water, of course!"

Some students who seemed to have just woken up from a dream quickly spoke up and tried to show off.

Zhang Fei tilted his head to look over, "Li Si."

"coming!"

Li Si came up with a tray with two bottles on it. One of the bottles was similar to the one drawn on the wooden board, while the other was rounder.

Zhang Fei first picked up the bottle on the tray that looked like the pattern on the board, "Suppose this bottle is the one on the board, and the water in it is Confucianism, representing the Song Dynasty's criminal code."

As he spoke, he poured the water into the rounder bottle, and then asked, "Has the Song criminal code changed?"

Many people shook their heads, but many also nodded.

Zhang Fei asked: "Can those who shook their heads tell us the basis for their actions?"

One person immediately said, "There is still the same amount of water. It is the same water in the bottle just now, so there is no change."

Zhang Fei asked again: "Can those who nodded tell us their reasons?"

“The shape of the water has changed.”

"good."

Zhang Fei asked: "Although the amount of water has not changed, the shape of the water has changed. Since water has no permanent shape, do you think that the Dharma can also have no permanent shape?"

"Well... ."

"Um?"

"cannot."

A group of students shook their heads in confusion.

In fact, they don’t quite understand, but their common sense tells them that the Dharma cannot be impermanent.

Zhang Fei asked: "Why not?"

“… … !”

The only answer he got was silence, including the Four Little Golden Warriors who looked at Zhang Fei blankly.

Zhang Fei looked at the scholars again.

Many scholars chose to dodge, and some looked at Zhang Fei with bulging eyes, "I am not your student, why do you see us? If you have the ability, let's have a debate."

Zhang Fei waited for a long time before he said, "Suppose a hero learns that a farmer has been tricked by a landlord into signing a loan sharking contract, forcing the farmer to sell his wife and children. So the hero helps the weak and kills the landlord, and distributes all the landlord's wealth to the people who were exploited by the landlord. Is this hero breaking the law?"

Ye Zuqia said: "Of course it's illegal!"

Zhang Fei said in a voice with emotion: "But everything he did was completely in line with the Confucian moral values, helping the weak and suppressing the strong, and being kind and generous. It was perfect."

"But if someone kills someone and it's not self-defense, then it's illegal," Cai Bian replied.

Shangguan Jun also added: "Although the big landlords are guilty, according to the law, their crimes do not warrant the death penalty."

"What do you think?"

Zhang Fei asked others again.

The others were still a little stunned and didn't dare to answer this question rashly.

Someone outside the window shouted, "Even if it's against the law, we should show some mercy. This good man did a great deed."

"That's right. That's right."

Zhang Fei glanced out the window, smiled slightly, and asked again: "Assuming that this hero did not break the law, do we still need laws?"

Everyone shook their heads.

"Why?"

"Because... because everyone can kill to eliminate evil, then justice will be useless." Shangguan Jun replied.

"Isn't it good for everyone to kill and eliminate evil?"

"But who can guarantee that the person he kills is a bad guy?"

“That was a very good response.”

Zhang Fei asked again: "Do you think this hero violated the law?"

“It’s illegal.”

Everyone answered in unison.

"Of course it's illegal."

Zhang Fei said: "If it is not against the law, anyone can kill, as long as he thinks he is promoting good and punishing evil, but what kind of consciousness is this?"

The classroom was silent again.

Zhang Fei rubbed his forehead with a headache, "Are my questions too difficult?"

Cai Jing suddenly said: "It is personal consciousness."

"Yes, this is a kind of personal consciousness." Zhang Fei said: "Where does the law come from?"

"consensus!"

This time everyone reacted.

It’s so annoying!

In a short while, many students were already sweating profusely. If there hadn't been four teachers supporting them, they would definitely not have been able to endure it.

Ye Zuqia saw it and thought, you are happy.

There was no one standing in front of us at the beginning, and every class we had was full of pain and joy.

"This is where the problem lies."

At this point, Zhang Fei suddenly glanced at the four little golden men, and then said to the students: "Your four little teachers often make this kind of mistake, and are easily influenced by their own views on good and evil. This is a typical case of focusing on water.

Water takes the shape of whatever container it is in. If the bottle can be replaced, then it is up to your imagination as long as you have a clear conscience. But this is more terrifying than the hero who just praised the good and punished the evil, because they are the chief judges and can legally kill people. "

Instead of feeling ashamed, the four little golden men felt a sense of sudden enlightenment.

Zhang Fei asked again: "Now, do you think the bottle is more important, or the water?"

"bottle."

Everyone answered immediately.

Zhang Fei raised the bottle that was the same as the one on the board and said, "Remember, the law of the rule of law emphasizes this bottle, which is the rule that cannot be changed, not the water inside. Good people and bad people who break the law should both be punished accordingly. Although the size of the punishment can be considered at the discretion of the case, it should also be based on the reasons for the case, not on whether he is a good person or a bad person. Breaking the law is breaking the law, and this is non-negotiable.

You must remember one thing. For a presiding judge, morality is very important. However, a professional presiding judge should put his own moral values into this bottle, rather than use his own moral values to shape this bottle, because that is only your personal opinion, not the opinion of the world, and even less the law of the rule of law, because the law of the rule of law emphasizes consensus, and consensus exists objectively. This is not allowed to be imagined or judged subjectively by individuals. Once you judge a case based on your personal views on good and evil, you may save a good person, but you may harm thousands of people. This is a taboo for a presiding judge. "