Judge of the Song Dynasty Chapter 363: Authority and rights

Chapter 363 Authority and Rights

Many people look at the ancient laws and their scalps are numb. Whether it is the Qin Dynasty or the Song Dynasty, there are all kinds of tortures.

But from a professional point of view, there is actually no absolute relationship between the two.

Because the ancient legal thinking is "law is punishment", the end of all laws is punishment, if you only have hanging, then what will happen, that is, as long as you commit a crime, you will be hanged, even if you push others one time.

If there is no punishment, there is no way.

Therefore, in ancient times, many punishments were set up to deal with various crimes.

Based on the principle that law is punishment, there is nothing wrong with this logic. As long as it is changed to a fine, it will be more or less. Isn't this normal?

However, the penalty is the state punishing the individual, which is the relationship between the two. It often does not include the third party, that is, the victim. Although some officials will take care of the victim, such as Xu Zun, Song Xingtong There is no personal interest, only national interest.

This is definitely the law of the Legalists.

The tax law belongs to the Xingtong of the Song Dynasty, and it must also belong to the law of the legalists. According to Zhang Fei's theory, it is impossible for the laws of the legal system to exist in the laws of the legalists.

On the one hand, the students are suddenly enlightened. The problems that have troubled us for so many days do not actually exist.

Because there is no legal system, the excessive taxation has nothing to do with the legal system.

That also explains why since ancient times, there have been countless examples of excessive taxation, because it is possible to do so.

But on the other hand, everyone thinks that excessive expropriation is wrong. Song Xingtong is the basis for excessive expropriation, and Song Xingtong has become the chief culprit. Is it true that the law of public opinion can prevent excessive expropriation?

For a while, everyone was very confused again.

Wang Anshi heheed twice: "I am really ashamed of this kid's eloquence."

Lu Gong wrote in a low voice: "Why did Jiefu say that?"

Wang Anshi said: "Isn't he bragging about his legal system?"

Lu Gong suddenly realized.

"It's unreasonable."

Yan Fu suddenly said: "Don't you mean that our dynasty is governed by legalism?"

Zhang Fei hurriedly explained: "I only refer to Song Xingtong, not the policy of governing the country."

"Song Xingtong!"

Yan Fu was just about to refute, when Fu Bi suddenly said: "As far as law is concerned, Legalism is actually roughly the same as Confucianism. For example, Xunzi and Dong Zhongshu also believed that 'evil will lead to chaos, so punishment must be used to make rituals'."

Yan Fu retorted: "Legalism believes that human nature is evil, and there are only two strategies: reward and punishment; but Confucianism believes that holy people are role models for the world, and neutral people have good and evil, so virtue supports their goodness and punishment Prevent the evil. The villain is punished severely to punish the evil."

Seeing Yan Fu blowing his beard and staring at him, Fu Bi hurriedly explained: "Confucianism and law are very different, I'm only talking about the legal system."

In the face of the legal system, Confucianism and Legalism seem to have similarities.

Yan Fu snorted: "What kind of legal system, Huangkou children, how can you know the difficulty of governing the world."

Fu Bi doesn't argue with him, he is really tired of the debate on Confucianism and Legalism, and now he is focusing on the legal system.

Ye Zuqia suddenly asked: "According to the teacher, the legalist law makes excessive expropriation legal, so the legal system can prevent excessive expropriation?"

Xu Zhiqian also looked at Zhang Fei expectantly.

She originally came to find the mystery of this class, but as soon as she sat down, she immediately entered the role of a student.

Zhang Fei thought for a while, shook his head and said: "I don't know, I have never experienced the law of the law, you ask me, who should I ask."

He can't show that he has seen it, he has to show that he is a seeker.

This..

Everyone was speechless for a while.

Then what are you talking about?

Zhang Fei said: "However, we can deduce it and see if we can prevent excessive taxation."

Everyone is looking at Zhang Fei eagerly, including Fu Bi, Wang Anshi and other geniuses. Regarding this point, they actually have no idea in their minds.

Zhang Fei thought for a while, then suddenly picked up a charcoal pencil and wrote a line on the wooden board.

Cai Bian read curiously: "Officials have political laws, and people follow private contracts."

"Yes!"

Zhang Fei nodded, tapped on the wooden board lightly, and asked, "What does this sentence mean?"

Cai Bian replied: "The government has systems and laws, and the people also have their own rules of communication. The two are not related to each other."

"That's what it means literally, but." Zhang Fei asked again: "Why is this happening?"

Cai Bian blinked, "Since ancient times, it has been like this. The state owns the state law, and the family has family rules. In other words, the government can't control it."

"No! No!"

Zhang Fei shook his head and said: "In my opinion, the real reason is that the people don't want to go to the government, so they set up another set of rules in private, which has nothing to do with politics and law. I remember when I went to Kaifeng to sue the officials, the prefect Lu He just asked me this question, and he thought I was a fool, so I went to Kaifeng Mansion if I had nothing to do, and maybe three generations of other families have never been there.”

Lu Gong’s work is here. Thinking of those years, I still have lingering fears, and hummed: "Do you think this is an honor?"

"Don't blame me, I just opened my mouth to fool you. And." Zhang Fei coughed, "And I just want to explain one point, why the people don't want to go to the government? Because the people are afraid of the government. Isn't it?"

Everyone nodded.

Of course!

Is it okay not to be afraid?

Zhang Fei asked again: "Why are you afraid?"

Cai Jingdao: "Because you may be punished."

"Correct!"

Zhang Fei nodded and said: "What did we say just now? In Song Xingtong, the final result of all laws and regulations is punishment. The result of people going to sue the officials is only punishment or not. Whether he is the defendant or the plaintiff, if he encounters a wise official, he may punish the perpetrator, but if he encounters a stupid official, he may punish himself.

Based on this, under what circumstances would the common people sue the officials. "

Cai Bian was not sure: "Hate."

"That's right!" Zhang Fei nodded with a smile, and said, "Be more confident when answering questions next time."

After hearing this, Cai Bian bowed his head in shame.

In your class, let alone self-confidence, self-esteem is gone.

Zhang Fei continued: "The people know that the government can only satisfy them with one request, and that is the psychology of revenge. Only when the people need revenge, will they sue the government. It is hatred that makes them muster up their courage. , it can be seen that they are still in danger of being punished. But if it is just a small dispute, will they still sue the officials? Of course not, even if they suffer a little bit, it’s fine.”

This explanation made Zhao Xu, Fu Bi, Xu Zun, Wang Anshi's eyes shine.

Don't open your eyes!

It is a fact that the people are unwilling to sue the officials, and everyone knows it, but they never thought of explaining this from the laws of Song Xingtong.

I also feel that what Zhang Fei said is very reasonable.

There are only punishments in the government, so if you go to the government, there are only two results, either punishing you or punishing him.

Parents are killed, wife is raped, even if you have to be punished, you have to sue, but if it's just a little money dispute, who wants to go, it's too dangerous!

Ye Zuqia asked: "This is also to establish the authority of the government, isn't it right?"

Zhang Fei nodded and said: "I'm not wrong, the law of the Legalists is about authority!"

Ye Zuqia was speechless immediately.

They all know that Zhang Fei is talking about the law of Legalism, but he is actually talking about the law of Confucianism.

This cannot be discussed further.

Zhang Fei continued: "You have to know one thing, we are not discussing right and wrong, but discussing the law of the rule of law together, so from the point of view that the people are unwilling to sue the officials, Song Xingtong It’s just that you don’t have the concept of defending your legitimate rights and interests, if you want to defend my personal rights and interests, then why wouldn’t I dare to go, right?”

Everyone nodded thoughtfully.

Punishment is the eternal result, how to talk about defending the legitimate rights and interests of individuals.

Zhang Fei said again: "To figure this out, let's now assume that Song Xingtong is based on the legal system, which is to protect the legitimate rights and interests of individuals, not just punish. Then this official has political laws, and the people follow private contracts. Will it exist?"

Everyone shook their heads slightly.

Not sure.

This concept is too shocking. Except for geniuses like Wang Anshi and Fu Bi, it is difficult for ordinary people to turn around.

Zhao Xu just kept silent. He doesn't think about his imperial power right now, he just came to attend the class, which is much more interesting than Wang Anshi's class.

"This is just an inference, and the exact result may not be obtained. For example, family law and patriarchal law may still exist. But what."

Zhang Fei said: "People will definitely be more willing to go to the government to resolve disputes. The result I get is not punishment, but compensation for my losses, my personal legitimate rights and interests. Litigation fees and travel expenses, then I will sue, what am I afraid of, even if it is unsuccessful, that is the same thing.

In the end, whether the people follow the private contract or the strong have the upper hand, I believe everyone knows this, but no matter how strong a person is, he is no better than the government. The government is absolutely capable of seeking justice for me.

Then the question arises again, why does the government want to defend your legitimate rights and interests? "

Shangguan Jun said: "Isn't this a matter of course?"

"Of course not."

Zhang Fei hummed: "Who told you this is a matter of course?"

Shangguan Jun said: "Nowadays, if you encounter theft, you can also sue the officials. Isn't that a matter of course?"

Many people nodded.

Zhang Fei said depressedly: "Are you listening to the class?"

"I, I..."

Shangguan opened his mouth and did not dare to answer. He really didn't know where he was wrong, but he didn't dare to question Zhang Fei for fear of being hurt by Zhang Fei.

The rest of the people didn't dare to intervene, this is right, there is nothing wrong with it!

Zhang Fei sighed, and said: "Just now I made it clear that the current Song Xingtong is the legalist law, and the legalist law is to protect the interests of the country and the monarch. Officials are all blessed by the official family. To be able to become an official, then burning, killing and looting is related to the rule of the monarch. If he does not deal with it, what the officials want him to do, he must deal with it. This is not a matter of course.

Then again, there is a difference between the law of the legal system and the law of legalism. In addition to the interests of the country and the monarch, it is still necessary to defend the legitimate rights and interests of individuals. Does this mean that a reasonable reason should also be given? Otherwise, would the government do so many things for nothing? "

It seems to make sense.

To protect the interests of officials, official positions are rewarded by officials, and to defend the personal interests of the people, what reason can you think of? Officials have nothing to ask of the people!

The students looked at each other in blank dismay, but no one answered.

"Taxation?" Fu Bi finally couldn't help but speak.

He knew that Zhang Fei was waiting for them to say this, but the students were always ignoring it, and he was very anxious watching it.

"Tax collection?"

Zhang Fei glanced at Fu Bi, then thought for a while, "Let's reason and see if this can be used as a reason."

This kid is really cautious.

Fu Bi smiled.

Zhang Fei said solemnly: "Back to the concept of the rule of law, a consensus to defend the legitimate rights and interests of individuals. Taking stealing as an example, did the sages think that stealing is wrong, so they violated the law?"

Everyone shook their heads.

"If so, it is not a consensus."

Zhang Fei nodded with a smile, and said: "Before there is a law, how do people prevent theft at night?"

Cai Jing said thoughtfully: "For example, in some villages, each household sends a person to take turns to watch the night. I believe it was the same in ancient times."

Zhang Fei asked again: "How to calculate the cost of weapons? How to calculate the cost of torches?"

Cai Jing replied: "Maybe everyone pooled a little money."

"Are the two similar to taxes?" Zhang Fei asked.

Cai Jing suddenly realized, and then nodded.

Zhang Fei said: "Looking at it this way, this tax can indeed be used as a reason to implement the law of the rule of law. If this is true, what will happen if you don't pay the tax?"

Cai Jingdao: "Based on this, the government doesn't have to protect your rights."

Zhang Fei asked: "Then do you pay taxes?"

Cai Jing nodded slightly.

Does he dare to say no?

The official family is here.

Zhang Fei said: "Of course you have to pay the tax. If you don't pay the tax, your land will be taken away, and there may be no one to help you decide. Now let's compare the legalist law and the legalist law."

Speaking, he came to the wooden board and wrote "Legislative Law" and "Legislative Law", "The Legalist law is only to protect the interests of the monarch and the country, and to collect taxes by authority or ability.

That's why the common people are also trying various ways to evade taxes. Anyway, everyone is doing their own thing.

So under the rule of law, there is an exchange relationship. I pay taxes to you, and when I need it, you come to defend my rights and interests. The obligation comes first, and the rights come second. There is no obligation. Don't talk about rights.

This also explains why the tax law has nothing to do with individual rights and interests when it is based on the legalist law, because the two have no relationship, while the law based on the legal system is closely related to individual rights and interests.

Then the question arises again. As far as the monarch and the country are concerned, which of these two methods is better? "

Ye Zuqia said: "Nature is still the law of the Legalists."

"Why?"

"Because the legalist law is to defend the rights and interests of the monarch and the country."

"It seems to be so reasonable."

Zhang Fei nodded, and suddenly asked: "But from the current point of view, if you don't pay taxes, your parents are killed, and you go to sue the government, will the government really ignore you?"

Ye Zuqia thought for a while, "Then I'll take care of it."

Zhang Fei smiled and nodded: "I'll take care of it, because national interests and personal interests are closely related, but now the government doesn't tell you this. If you don't pay taxes, if the government has no money, many things will happen to you." There is no way to manage it, he will only tell you what punishment you will get if you don’t pay taxes.

Therefore, in the eyes of the common people, there is only authority, but no return. But the problem is that you have already done more than half of the work, but the people don't know it. So now what do you think is better? "

"The law of the law."

"It just seems so." Zhang Fei said.

Ye Zuqia asked again: "What about excessive taxation? Does the rule of law allow excessive taxation?"

"What do you think?" Zhang Fei asked.

Cai Bian shook his head and said, "It should not be allowed."

Zhang Fei asked: "Why?"

Cai Biandao: "According to what the teacher said just now, under the legalist law, the tax law is legal. It is only because of the protection of the monarch and the national interests. But the legal system takes into account the interests of individuals. Under the rule of law, individual rights and interests must be fully considered, and naturally there will be no excessive extortion.”

"You speak better than I thought."

Zhang Fei nodded with satisfaction.

Cai Bian was about to cry. If he remembered correctly, this was the first time Teacher Zhang praised him.

It's not easy!

The rest of the students also looked at him enviously, as if this kid had won a Jinshi.

Xu Zhiqian couldn't help laughing when she saw it, he praised you, why are you so excited?

Zhang Fei added: "Before this, there are several secondary reasons that may prevent excessive expropriation. First of all, the main reason for excessive expropriation is that the country is poor and needs money.

Take my court as an example, the tax collection cost of my court is extremely huge. Now the court is trying to save tax collection costs. If everyone thinks that paying taxes is to defend their own rights and interests, this part of the cost will be huge Can save a lot.

Moreover, the more people pay taxes, the more tax revenue will increase, and the probability of financial problems will become smaller.

Furthermore, when people have this awareness, they may be willing to bear higher taxes when they encounter foreign enemies, because they have this awareness, which is also protecting themselves. "

Wang Anshi suddenly laughed and said: "You are purely daydreaming. Even if it is a legal system, some powerful gentry will not pay taxes honestly."

Zhang Fei said: "Based on the legal system, they will definitely try their best not to pay taxes, which is understandable."

Wang Anshi said: "Why?"

Zhang Fei said: "According to what we just said, under the rule of law, paying taxes is a manifestation of the people's protection of their legitimate rights and interests. They don’t need the imperial court, they can protect themselves, and they can even stand on their own!”

Zhao Xu asked with a smile: "Why is self-reliance?"

"Uh, nothing?" Zhang Fei smiled sheepishly, then looked at Wang Anshi depressedly.

Wang Anshi suddenly realized, and slapped his thigh: "If you explain it this way, I completely understand, this trip was worthwhile, it was really worthwhile!"

Many people present trembled immediately. If you say that, if you don’t pay taxes, you have the ability to rebel. What kind of legal system are you?

I sweated a lot last night, and I feel much better today. I said 8,000 words yesterday, but only 5,000 words were written in the last chapter, so another 5,000 words in this chapter is considered a supplementary chapter. Word count.

Sorry! Feel sorry!