"I see."
Cai Bian nodded thoughtfully, and whispered to Shangguan Jun and the others, "No wonder we were often confused when we encountered some cases before, because we were always thinking about the moral goodness and evil of the defendant, and never thought that our own moral goodness and evil had already been constrained."
Shangguan Jun nodded and said, "According to what the teacher said, we can only use limited moral good and evil to judge the case, and we still have to focus on the rules."
Ye Zuqia said: "This is completely the opposite of the way cases were tried in the past. I guess this is why people like to watch teachers try cases."
The four of them quickly grasped the essence of Zhang Fei's words. It was like an epiphany, and their eyes were suddenly opened. Because when they encountered some cases in the past, they did seem to be overwhelmed. Later, they began to doubt their own judgment, but did not know where the problem lay. Zhang Fei also emphasized their mistakes many times, but they still could not grasp the trick. However, after this lecture in class, they completely understood that the problem was that they did not realize that their own moral concepts of good and evil had long been trapped in a bottle, and the role that the presiding judge could play was actually very limited.
In Zhang Fei's words, it is very unprofessional.
Little did they know that Zhang Fei designed this lesson based on their phenomena, so of course they understood it the fastest.
However, those students had never tried a case and had never felt the pressure of making a judgment, so they looked confused. Meanwhile, some officials and literati behind them suddenly felt enlightened.
"This boy really lives up to his reputation!"
Lu Gongru stroked his beard and nodded, "With just a bottle of water and a piece of wood, you can explain such a complicated problem in a simple and easy-to-understand way. Even we can benefit a lot from it!"
Cai Yanqing said with emotion: "In fact, we used to focus on water."
Fan Zhen smiled slightly and said, "It's a good idea to tie up your moral values in a bottle!"
"What nonsense!"
Suddenly, someone spoke loudly.
Everyone was startled and looked in the direction of the voice. Liang Youyi suddenly stood up and said to Zhang Fei, "This bottle is used to hold water. Water is the most important thing. If there is no water, what is the use of this bottle? I think what you said is simply putting the cart before the horse and misleading people."
His words immediately attracted many people to nod in support.
Because according to what Zhang Fei said, water is Confucianism, and the bottle is the law of the legal system, which means that the law of the legal system is more important than Confucianism, which is obviously a smuggling of ulterior motives.
Many old scholars were very dissatisfied with this, but they didn't want to make noise in the classroom. However, Liang Youyi came here to quarrel, so he didn't care so much. After all, he wouldn't be caught for shouting in the classroom.
Really
When Zhang Fei saw that it was Liang Youyi, his expression suddenly changed and he shouted, "Someone, come here! Take this old man down for me, the judge."
"yes!"
Ma Xiaoyi jumped out from nowhere, and without caring about Liang Youyi's identity, he grabbed Liang Youyi's shoulder with one hand.
This sudden change shocked everyone present.
"etc!"
Cai Yanqing hurriedly called him to stop, and then asked Zhang Fei: "Judge Zhang, on what basis did you arrest him?"
Although Zhang Fei is hateful, he has always been reasonable. He will not do anything extreme, let alone do anything that violates the law.
Zhang Fei frowned and said, "I have said before that I hope you can abide by the rules of the church, but this person not only does not abide by the rules, but also makes loud noises in class, and takes advantage of his seniority to openly distort the meaning of the judge to deceive people. This is extremely hateful."
"You are going too far, kid."
Liang Youyi came to his senses and was furious when he heard Zhang Fei's words. "This is not the imperial court. What's wrong with me saying a few words? What right do you have to arrest people? If you can't explain yourself today, I will never let you go."
"good!"
Wei Yingfang would never miss this opportunity to add fuel to the fire, and immediately stood up and said, "Talking in class is not illegal, even if it disturbs Judge Zhang's class. What is the basis for Judge Zhang to arrest people?"
Zhang Fei said, "Isn't this illegal? He openly spread rumors in class, misled people, encouraged students to betray their teachers and ancestors, and maliciously slandered Confucianism. This judge must arrest him for interrogation to see what his intentions are and what his motives are behind this."
Everyone was stunned. Liang Youyi was clearly defending Confucianism, but how come you said it was slandering Confucianism? This is totally unfounded!
Cai Yanqing was about to speak when Yuan Jiang suddenly grabbed him and signaled him with his eyes not to speak.
Cai Yanqing glanced at Yuan Jiang and suddenly realized what was happening. He thought, this kid's performance in class is just like his performance in court. It's confusing and frightening!
Liang Youyi was so anxious that his face turned red. "You... you are slandering me. I was just questioning your point of view. You can't argue with me, so you accuse me of spreading rumors. I'm going to sue you."
Zhang Fei angrily scolded: "It is obviously you who slandered others, but you still blamed others. You must make it more serious."
The students looked around with a bewildered look on their faces. This sudden change really scared them.
Fan Zhen suddenly stood up and said, "Judge Zhang, although Mr. Liang was rude, he was not slandering you or making up rumors. He was just questioning some of your views."
What you mean is that you are slandering others.
Zhang Fei said confidently, "Mr. Fan, there is no need to plead for him. He is just making trouble. Did I say that water is not important? I said that the bottle should be the main thing. Besides, the people I am talking about are the future chief judges, not ordinary people. They are people who use water, so for them, how to use the water is the most important thing. He has been an official for decades and is well-versed in the classics. How could he not understand this? But he is distorting the meaning of this court president."
Liang Youyi opened his mouth, but no sound came out.
He... He really hadn't thought of that.
He overlooked the fact that this lesson was aimed at a specific audience.
But Zhang Fei said it so lightly, but if he denied that he didn't understand, wouldn't he be stupid? But if he said that he understood, he couldn't refute this point of view.
Fan Zhen said, "Even if that's the case, he shouldn't be convicted."
Zhang Fei said with a serious face: "Respecting teachers is the belief of this court president. It is sacred and inviolable. I cannot tolerate any behavior that violates respecting teachers. In my opinion, this person's behavior is simply unforgivable and must be arrested."
"you... ."
Liang Youyi said: "You... you are just making up stories. I am not your student, so why can't I question your point of view?"
"Yes, Confucianism also teaches respecting the old and loving the young. Why don't you follow that?"
Many scholars and officials also spoke out to help, scolding Zhang Fei for not having martial ethics, saying that your reason is too far-fetched!
Ye Zuqia looked at their anxious faces and couldn't help thinking, this is what my first class with the teacher was like.
Facing the criticism from everyone, Zhang Fei was not panicked at all. He suddenly asked the students, "Do you think I should convict Mr. Liang?"
The students looked at each other and shook their heads slightly.
Zhang Fei asked: "Why?"
A student plucked up the courage to say, "Because Mr. Liang just said one sentence. Even if it is wrong, it is not illegal."
Zhang Fei said: "But he obviously did not abide by the principle of respecting teachers. In this class, I am the teacher, and he not only interrupted my lecture, but also spoke rudely to me. How can I lead students in the future? How can my students respect me as a teacher? Why can't I punish him?"
The student said: "Mr. Liang interrupted the teacher's lecture. The teacher can expel him, but he cannot be arrested!"
Zhang Fei asked: "What's your name?"
"The student's name is Shen Qing."
"very good!"
Zhang Fei suddenly smiled slightly, and waved at Ma Xiaoyi first. Ma Xiaoyi immediately let go, and then he bowed to Liang Youyi and said, "Mr. Liang, I hope you can forgive me for the offense I just caused."
That's it
Liang Youyi was so angry that he blew his beard and glared at Zhang Fei, pointing at him and said, "You have humiliated me time and again. If you don't give me an explanation today, this matter will never be over. Even if you report it to the government, I am not afraid."
He was almost fainting from anger.
Zhang Fei nodded, and then explained: "In fact, all of this was just to answer Mr. Liang's question. Should we focus on water or bottles?"
Liang Youyi was stunned immediately.
What the hell
Were you in class just now
Zhang Fei said: "If water is the main factor, I can use my moral values to judge whether you are guilty or not, because I am the chief judge, and Mr. Liang, you are just a commoner now."
At this point, he looked at the students again, "Do you think that scene was scary?"
The students nodded one after another. They were indeed frightened just now.
Zhang Fei said: "If water is the main element, this kind of situation will definitely occur. Of course, it will not be so simple and crude. For example, when a student and a teacher have a conflict, even if the student is right, the chief judge may still protect the teacher based on his own respect for teachers and think that the student should not sue the teacher. However, this will obviously indulge more people with bad intentions to be role models for teachers, which is also a very scary phenomenon."
The students nodded slightly.
This case actually happened and is not very rare.
Zhang Fei added: "For example, in the case of matricide in Guixiang, I personally don't want Wu Zhang to be convicted, because I think she is really innocent and very pitiful, and everything she did was forced, and she deserves everyone's sympathy. We should not make her life more difficult. This is not what Wu's mother expected, nor what the law expects.
But I can't do this. Why? Because I am the chief judge. I can't follow my own feelings. If I don't convict her, many elderly people may be harmed, which may even subvert the entire social morality. And!"
He pointed outward again, "There are many people here who are deliberately plotting against the Imperial Court, and have used various means to hinder the Imperial Court's fair trial. Remember, it is a fair trial. This really hurts my overflowing sense of justice. I also want to execute them all directly and make them never open their mouths again."
Many people felt a chill in their hearts and a chill down their spines. Is this true
Is this a Hongmen Banquet, where we are all going to be wiped out at once
Zhang Fei asked: "Do I have the power to do this?"
Someone nodded, but then shook his head.
"I don't know whether the presiding judge in the past had this power, but the president of the court certainly does not have this power."
Zhang Fei picked up the bottle and said, "No matter how selfish they are, no matter how despicable their purpose is, no matter how cruel their means are, as long as they do not break the law, I cannot arrest them, because my sense of justice must be bound by this bottle. I cannot judge whether they are guilty or not based on my own gains and losses.
Water is a constraint for everyone, and the bottle is a constraint for the chief judge. I will not tell these reasons to the people. I will only tell you, because you join the law school because you want to become the chief judge. If you cannot put the bottle first in your heart, then you cannot become a qualified chief judge.
Let’s talk about the case of matricide in Guixiang. Why did the law have such provisions? Didn’t the ministers in the court know that such a phenomenon would exist? Of course they knew, but there was nothing they could do. If such behavior was allowed, it might harm many parents and lead to moral degradation.
In a sense, the bottle is also protecting the water inside from contamination. Do you understand?"
The students nodded excitedly.
This class was so exciting, with so many ups and downs, and it was immersive. It was much more interesting than studying with the teacher. At this moment, they felt that they had learned a lot and could not wait to become a chief judge.
Zhang Fei looked at Liang Youyi again, "Mr. Liang, can you forgive my reckless behavior now?"
Liang Youyi blushed and hesitated for a moment before he saluted and said, "It is inappropriate for me to interrupt Judge Zhang's class."
How could he dare to argue with her? Zhang Fei said it clearly, I know you are causing trouble, I don't arrest you only because I am tied up in a bottle. If you let me out, I can arrest you. I am the chief judge.
Zhang Fei bowed and said, "Thank you, Mr. Liang, for being generous and not arguing with me."
Su Che suddenly stood up and said, "Excuse me, can the water in this bottle be replaced at will?"
"Of course not."
Zhang Fei shook his head and said, "This can be explained from the perspective of the court's legislation. In fact, there are many cases every year that make the law at a loss, but the court will never amend the corresponding law because of a single case. Only when there are large-scale cases of the same type among the people will the court seriously consider whether this law should be amended or improved. Why is this?"
Cai Bian immediately replied: "Because law is derived from consensus."
"That's quite true."
Zhang Fei gave him an appreciative look, "Because the law is derived from consensus, if you want to amend the law, you must also base it on consensus. Maybe a defendant in a case is treated unfairly because of the provisions of the regulations, but if this is just an individual case, it cannot shake the entire law. At most, you can only use virtue to acquit the crime.
Because the law is based on consensus, if this consensus is destroyed because of the injustice of one person, more people may suffer unjustly.
As the presiding judge, one should not easily question the entire law based on a certain case, because personal subjective feelings and people's consensus may deviate. Only when such cases occur in large numbers, the applicability of this law must be considered.
This is one of the principles of legislation. If you have the opportunity to participate in legislation in the future, you must consider this.”
Everyone nodded frequently as they listened. Not only the students, but everyone present had a deeper impression of the rule of law.
Especially this "consensus".
This is also the first time that Zhang Fei used the concept of legal system to explain the principles of legislation.
Su Che suddenly asked again: "Since the water inside cannot be easily replaced, can we add oil, salt, sauce and vinegar to it?"
What are you discussing
Cooking
Everyone was puzzled by Su Che's question.
But Zhang Fei was clear-headed and shook his head and smiled, "It's better not to."
better not
Isn't that possible
How can this be possible
Everyone looked at Zhang Fei in confusion again.
Su Che said: "But Judge Zhang often adds oil, salt, sauce and vinegar to it to change the taste."
Zhang Fei smiled and said, "Chief Prosecutor Su, you mean the principles and interpretations I gave for the laws, right?"
Su Che nodded and said, "That's right."
“That’s a good question.”
Zhang Fei smiled and nodded, "I also know that many people are very dissatisfied with this. First of all, of course, you can't just add oil, salt, sauce and vinegar to change the taste, so the court is very cautious about this. Under the heavens, only I, the chief judge, have this power, and the reason is that I have published the concept of the law of the rule of law. The imperial court of Hezhong Prefecture was also established based on this concept.
Secondly, these principles and interpretations must be reviewed by the Court of Criminal Justice, the Procuratorate, the Ministry of Justice, and the Dali Temple before they can be written into the "Song Dynasty Criminal Code". I do not have the power to make my words enforce the law.
Finally, once these interpretations and principles become written laws, I must abide by them and strictly enforce them without changing them, because all interpretations and principles will be bound in this bottle, and although its taste may change, its shape will not change. "
Then he looked at Su Zhe, "Does Attorney Su have any other questions?"
Su Zhe smiled and said, "Thank you, Judge Zhang, for clearing up my doubts."
"You're welcome."
Zhang Fei nodded with a smile and picked up the bottle again. "Do you think this bottle is better if it's transparent or opaque?"
This question confused everyone again.
Lu Gongru, Fan Zhen and others also looked at each other in bewilderment.
What is transparency and what is opacity.
What exactly are you asking
Although the four little golden men were unable to understand it, they had already gotten used to it.
Zhang Fei waited for a moment, then looked at the scholars behind him. Seeing that they were also confused, he pondered for a moment and asked again: "If this bottle is not transparent, only the person who puts water in it knows what kind of legal thought this is."
Cai Bian's eyes suddenly lit up, and he said, "If the punishment is unknown, then the power is unpredictable."
"good!"
Zhang Fei nodded with satisfaction and asked, "So what do you think is better, transparent or opaque?"
"Of course transparency is better."
Shangguan Jun suddenly said.
Zhang Fei asked: "Why?"
Shangguan Jun said: "In fact, in the Spring and Autumn Period, Zichan's "Casting Criminal Code" had already broken the idea that punishment is unknown and power is unpredictable. After that, there were written laws in every generation, and they were more detailed and transparent. Otherwise, this situation would not have happened."
Ye Zuqia questioned, "This is wrong. Although there are written laws, many of the provisions are vague. For example, the statutes say 'there are no laws or regulations, and it is not reasonable to do it', which does not specify the crime or the punishment. Isn't this still the case that the punishment is unknown and the power is unpredictable?"
Zhang Fei looked at Ye Zuqia again, "Ye Zuqia, what do you think about this transparency issue?"
Ye Zuqia said, "I think this idea is not wrong, and there is a detailed explanation of this in the Tang Code. It covers many cases, and it is difficult to cover them all. Without this law, many improper behaviors cannot be convicted. For example, if a scoundrel goes to make things difficult for a store owner, you cannot convict him if he does not hit anyone or steal, but just makes trouble in front of the store."
Shangguan Jun immediately said: "But this is also possible, which will lead to the chief judge using this law to bend the law for personal gain and use public power for personal gain. If there is nothing, then the chief judge has the final say."
Ye Zuqia said: "There is nothing we can do about it. After all, the law cannot cover all criminal acts. If the chief judge were to make a temporary conviction, wouldn't it be like breaking a bottle to get water? This is against the law."
Shangguan Jun said: "But from the initial non-publication of laws to the current written laws and regulations, and the increasingly detailed explanations, this is a progress, not a regression. Naturally, transparency is good."
These four little golden men are all extremely talented. Having been with Zhang Fei for so long, they have their own unique insights into many issues. The debate between the two of them also triggered thinking among everyone present.
But after thinking about it over and over again, I still couldn't come up with an answer. I felt that what both of them said made sense.
Gradually, everyone's eyes turned to Zhang Fei, and even Ye Zuqia and Shangguan Jun stopped arguing.
Zhang Fei smiled and nodded, "Actually, what you two said makes sense, and your arguments are actually the same, that is, you both think that transparency is good, but it is impossible to achieve it, and reality does not allow it. But we have to move towards this goal, right?"
Everyone nodded.
Zhang Fei held up the bottle again, "Can you see the water in it?"
Everyone shook their heads.
Zhang Fei asked again: "Can you see this bottle?"
Everyone nodded.
Zhang Fei said: "We have already explained it just now. Should we focus on water or bottles?"
"bottle."
"And what does the bottle represent?"
"The law of the law."
"That's right, so a key point of the law of the land is to allow everyone to see the bottle clearly."
Zhang Fei said: "This is why the imperial court has always pursued public trials, even if it is so cold that you can't even pick up a pen, just to let everyone see the bottle. This justice is in the hearts of the people, so under the watchful eyes of the public, it can make up for some of the disadvantages of unknown punishment and unpredictable power."
These words also won the nods of agreement from Fan Zhen, Su Che and Lu Gongru.
Simply put, it is to use a transparent system to make up for opaque laws.
In fact, as a lawyer from a thousand years later, I certainly hope to eliminate the phenomenon that the punishment is unknown and the power is unpredictable. This is what most people in the legal profession pursue, but often putting aside reality and talking about ideals is tantamount to being a hooligan.
What you think is good may not be suitable for everyone, but what you think is bad may be very suitable for everyone.
In the legal world, this individual’s ideal cannot override consensus, and consensus is often based on practical needs.
Zhang Fei is a lawyer by training. He is not an idealist but a pragmatist. Ironically, his current ideals of family, country and the world are mostly influenced by Xu Zhiqian. His previous ideals were only to win lawsuits and make money, which were very superficial.
Although he also did not like pocket crimes such as "unmerited", he also did not agree to abolish these pocket crimes.
Because as long as you dare to abolish it, the number of scoundrels on the streets will increase day by day, and all the energy of the royal court will be focused on it, and it may not be able to handle it well.
The punishment is unknown and the power is unpredictable. This has its reason and value, especially in an era of lack of justice.
"So, the content of this lesson is to make you remember this bottle."
As he spoke, Zhang Fei turned his head and looked at Li Si again.
Li Si immediately led three servants to the classroom. Each of them held a tray, and on the tray was a small bottle exactly the same as the one in Zhang Fei's hand.
Zhang Fei smiled and said, "Today is the first day that the teacher teaches them, so I have prepared a small gift for you, which is this treasure bottle. Each of you should take one and put it in front of your own eucalyptus to remind yourself at all times."
This gift is really unique!
But it was also a big surprise.
The students said in unison: "Thank you, teacher."