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On the afternoon when Qin Mu announced the suspension of the trial of Yang Guan's burglary and murder case, a debate on whether human nature is good or evil began in Xijing Imperial College.
Although the Second Sage has clearly advocated that human nature is good, in fact, this issue has never stopped being debated for two thousand years. Even among Confucian disciples, there are many people who hold different views.
There is no doubt that this great debate was secretly promoted by Qin Mu.
There are many things that cannot be changed just because the emperor has supreme power, especially the ideas deeply rooted in the hearts of the people, which are extremely difficult to change.
If Qin Mu wants to promote the concept of "presumption of innocence", he needs a complete theoretical system and the support of the people to form a consensus in society and to overthrow the concept of "presumption of guilt" that has been used since ancient times.
Thousands of teachers and students gathered in the Xijing Imperial College under the ancient cypress trees, and people with different opinions exchanged sharp arguments with each other.
One of the students, Liu Shaoqing, said aloud: "Human nature is good, which means that the root of human nature is good, and good deeds will only happen when there is good intention. I do not deny that there are evil deeds in human society, but the occurrence of evil deeds is actually caused by the external environment, so evil is the result rather than the cause.
If we insist that evil is the cause and not the effect, that is, human nature is evil, then there can be no real morality in the world. If human nature is evil, then aren’t all moral norms the greatest means of self-interest for humans
When morality becomes a means, is it still morality? If human nature is evil, no one would willingly abide by moral rules, but facts have proven that people still have good deeds and morality. Many people do good deeds without leaving a name or seeking profit, which is enough to prove that human nature is good.
Liu Shaoqing's words won praise from many teachers and students present, but some people disagreed. A student named Xu Changchun immediately came out to refute: "I dare not agree with what you said. The various good deeds you talked about are completely acquired. How can they prove that human nature is 'innate' good
If we follow your inference, then the wars, murders, corruption, and other evil deeds that are everywhere in the world are also evidence that human nature is evil, right? "
Liu Shaoqing immediately retorted, "What you said proves that all kinds of evil deeds of people are caused by the environment. I once saw a cow that had just given birth to a calf accidentally fall into a deep pit and struggled for several times but couldn't get out. The calf just came out of the pit and kept mooing, unwilling to leave its mother. Isn't this kind of mooing a kind of compassion and kindness? Even cows are like this, what about you?"
After Liu Shaoqing's words won another round of applause, he immediately changed the topic of the debate and said loudly: "Human nature is good, which means that everyone is kind unless they are influenced by bad habits acquired after birth.
However, when officials nowadays try cases, once they suspect someone, they immediately treat that person as a criminal, regardless of whether there is solid evidence or not, and punish him severely. Many people cannot bear the severe punishment and confess under torture.
Facts have proven that countless wrongful convictions were brought out in this way. This concept of presumption of guilt undoubtedly violates the theory of the goodness of human nature.
In my opinion, as an official, no matter how you suspect a person, you should not treat the suspect as a criminal before there is solid evidence. When an official is judging a case, he should not only let the criminal prove his innocence, but also find sufficient evidence to prove the suspect's guilt.
Before the final verdict, I think all suspects should be innocent. You can investigate him, but you cannot treat him as a criminal. "
Before Liu Shaoqing finished speaking, he caused an uproar. Nearly a thousand teachers and students from the Imperial College present could not help but talk about it one after another.
Someone immediately objected, "I don't agree with this approach. The so-called presumption of innocence will only allow countless murderers to go unpunished. For example, in some cases, the process of elimination can basically determine who the criminal is, but because there is no direct evidence and he refuses to plead guilty, doesn't that mean he should be released without charge?"
"That's right. All criminals are troublemakers. If we don't punish them to scare them, how can we expect them to confess their crimes willingly?"
Liu Shaoqing was prepared for this. He immediately said, "According to what you said, it is tantamount to preferring to kill a thousand people by mistake rather than let one go. What if, I mean if, one day it is you who is suspected? Can you guarantee that you will not give in under all kinds of torture?"
As soon as Liu Shaoqing asked this, the chaotic scene suddenly quieted down. Some things, when happening to others, everyone would take it for granted, but once it happens to oneself, it is different.
And no one can guarantee that what Liu Shaoqing said will not really happen to them. Not to mention that they are just students, even if they are officials, they dare not make such a guarantee.
Although the Ye Bushu of the Qin Dynasty is not used to deal with officials like the Changwei of the Ming Dynasty, it is said that the terrifying degree of Ye Bushu is no less than that of the Jinyiwei of the Ming Dynasty. Who knows whether the emperor will use Ye Bushu as Jinyiwei in the future
Liu Shaoqing struck while the iron was hot and continued, "As the saying goes, the net of heaven is vast and wide, and nothing can escape it. No matter who committed the crime, there will always be some clues left. If there is no direct evidence, officials will look for it carefully. As long as the means are skillful and the methods are appropriate, even the most bizarre cases can always be solved.
Officials should not torture people into confessing because they are afraid of being punished. If they make a mistake, not only will the real culprit go unpunished, but innocent people will also be punished. Confucianism takes benevolence and righteousness as its core ideology. This kind of torture can easily wrongly accuse good people. This is the greatest cruelty. How can benevolence and righteousness be mentioned? Isn't this contrary to the teachings of the saints?"
“That’s true…”
"Brother Liu, what you said makes sense."
"Yes, there is a story in Lüshi Chunqiu about a man who suspected his neighbor of stealing his axe. A man suspected his neighbor of stealing his axe, so he observed the man and found that the way he walked was like that of a thief; the way he looked was also like that of a thief; the way he spoke was even more like that of a thief. Everything he said and did was like that of a thief.
This person was just suspicious, and he saw his neighbor as someone who stole the axe. If officials treat suspects as criminals before there is any evidence, wouldn't it be easier for them to get deeply involved in it and unable to extricate themselves
Therefore, the presumption of guilt mentioned by Brother Liu is not only easy to wrongly accuse innocent people, but also extremely detrimental to the officials’ handling of cases. With the concept of presumption of guilt, officials are only concerned about how to make the suspect confess, and it is difficult for them to stand in an impartial position to judge.
Liu Shaoqing seemed to have met a bosom friend, and immediately said: "What this gentleman said is true to the truth!"
The debate in the Imperial College of Xijing about whether human nature is good or evil and whether the presumption of guilt or innocence should be followed soon spread to the entire city of Chang'an.
In particular, the issue of presumption of guilt and presumption of innocence concerns the vital interests of everyone, and it can even be said to be related to everyone's life, because no one knows whether they will become a defendant one day.
On the streets of Chang'an and in restaurants and teahouses, discussions were endless, and many people were arguing about it until their faces turned red and their voices were as loud as the sky.
Officials in Xijing had never expected that such a trend would suddenly arise in the city, and they were somewhat at a loss as to how to deal with it. Moreover, they had no way to suppress it, as the Qin Dynasty did not punish people for their speech.
Sima An, the chief minister of the cabinet, was also somewhat puzzled at first, wondering why this wave of discussion came so suddenly and so quickly.
"Presumed guilty."
"Presumed innocent."
After he repeated these two words twice, he couldn't help but be shocked. No one had paid attention to these things since ancient times, and the way of expressing these two words was so fresh. Except for the man in the Xianyang Palace, I'm afraid no one could come up with such a concept.
Sima An thought more deeply and immediately found more clues. It seemed that it was not accidental that someone came to file a complaint to the emperor this time!
In the end, all the affairs came down to one question, which made Sima An put everything aside and think carefully: "What is the emperor going to do this time?"
The emperor has not made a clear statement yet on the matter of Li Jiqing, the imperial official, urging the crown prince to move to another palace, but he has suddenly secretly promoted this trend. This is not simple... .
.(To be continued..)
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