According to the current facts of the case, Wen Pojun was about to commit violence on Li Qingning and was in critical condition. At this moment, Zhang San shot Wen Pojun who was committing violence with a strong bow.
If Zhang San acts bravely when seeing justice, this is a righteous killing. Not only does he not need to be punished, but the government should praise his courage and righteousness.
If Zhang San thought it was a wild beast and accidentally shot Wen Pojun to death, then we can refer to the faults in the "Yonghui Law" of the former Tang Dynasty.
"Yonghui Rules" has a clear classification of this kind of behavior. The original text records, "It is beyond the reach of ears and eyes, it is beyond the reach of thoughts, it is impossible to control the weight of heavy objects, if you ride on high shoes, you will be in danger of falling, and if you attack animals, you will be killed or injured." "
To translate, it means not seeing or hearing clearly, not thinking carefully enough, lifting heavy objects at the same time but not having enough strength, accidentally falling when climbing to a high place, shooting birds and animals, etc. If another person dies or is injured, this falls under the scope of negligence.
"Those who kill or injure others due to negligence will be punished according to their circumstances."
If someone is injured or killed due to negligence, he should be given a lighter punishment, and he can also pay for the crime with money.
When all that is worth is the punishment, the prisoner's charges and crimes will still be recorded.
However, Zhang San's current situation does not apply to these two common situations.
From Zhang San's subjective point of view, Zhang San had the murderous intention to shoot Wen Pojun. Objectively, Zhang San also committed the act of shooting Wen Pojun.
But the result was unexpected. Although Wen Pojun was shot and killed, Li Qingning was saved.
A bad intention and behavior, got a good result.
This is the most troublesome part of this case.
On the blue stars of later generations, there are also two conflicting opinions on this situation.
One is the axiology of behavior, and the other is the axiology of results.
The theory of value-free behavior holds that when Zhang San shot Wen Pojun, Zhang San lacked the subjective element of "defense awareness" because he did not know that Wen Pojun was committing rape, so his behavior was anti-value, but the result is good, so the result lacks counter-value and ultimately constitutes attempted murder.
The result is worthless, which means that the judgment of legitimate defense does not include the subjective element of "defense consciousness." As long as the result is good, it is consistent with legitimate defense, and the person is ultimately found innocent.
If the theory of worthlessness of conduct applies, Zhang San will be convicted of attempted intentional homicide.
According to the laws of the Zhou Dynasty, "Anyone who murders someone will be sentenced to three years; those who have been injured will be hanged; those who have been killed will be beheaded."
Zhang San will be sentenced to three years in prison.
If the theory of valuelessness of results is adopted, then Zhang San is not guilty.
Yang Qingyuan's pen kept writing on the paper, but it was still difficult to come to a conclusion.
Yang Qingyuan is willing to believe Zhang San's confession, judging from what he has learned, but he is biased towards the theory of valuelessness of behavior. Yang Qingyuan feels that sometimes the motivation for doing things is more important than the results of things.
But from a personal subjective perspective, Yang Qingyuan wanted to acquit Zhang San.
Eliminating harm for the people is worthy of praise and praise.
Wen Pojun has done many evil things, but because of his special status and privileges, he has never been punished.
A detective named Sherlock Holmes from Blue Star once said.
“When the law fails to bring justice to the parties involved, private revenge is justified and even noble from that moment on.”
Zhang San's behavior is even more reasonable from a Confucian point of view.
"Book of Rites" contains:
Zixia asked Confucius: "What is the enmity between parents?" Confucius said: "If you sleep on a thatch and pillow on a dry bed, if you are not an official, you will not share the world with you; if you encounter the princes and dynasties, you will not rebel and fight."
Zixia asked Confucius: "How should we treat those who have the revenge of killing their father?" Confucius said: "Sleeping on a straw mat, with a shield on your head, without any duties, you should always think about revenge, never Live with your enemy for the rest of your life. No matter where you are, keep your weapon with you. If you meet him in the market or at a public gate, draw your weapon and fight him to the death."
Zhang San's criminal motive for killing Wen Pojun was to avenge his father. Based on Confucian etiquette and justice, this behavior not only does not need condemnation, but is even affirmed by Confucian gentlemen.
Although the dynasty did not "depose hundreds of schools of thought and only respect Confucianism," as the most prominent scholar at the time, Confucianism occupied a very important position in the dynasty and would refer to Confucianism when formulating criminal laws.
If we look at it this way, Zhang San's punishment will be reduced by one level.
Yang Qingyuan put down his pen. The remaining matters will have to wait until the court hearing to decide.
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Early the next morning, Di Zhiyuan came to Yang Qingyuan's study.
"Sir! The three servants are here!"
"Oh?! So fast?!" Yang Qingyuan looked surprised.
"Those Wenwu and Wenliu are just two weaklings. They all confessed after a little scare! The trouble is that Laifu. He was trained by the Wen family since he was a child. He is a die-hard loyal to the Wen family. He is determined and has spent a lot of effort. Then I pried his mouth open."
Di Zhiyuan handed the confession in his hand to Yang Qingyuan.
After Yang Qingyuan took it, he placed it on the table, "Zhiyuan, just talk about it! We just want to discuss something."
The two sat down, and Di Zhiyuan spoke first, "Sir, these three people are all followers of Wen Pojun, but Wenwu and Laifu followed Wenpojun up Cuihua Mountain on April 29th!"
"Isn't it right!? I remember that it is recorded in the case files of Jingzhao Mansion that Wen Pojun was accompanied by three followers that day!"
Di Zhiyuan nodded and said, "That's true, but the other person is not Wen Liu, but Wen Si!"
"Where's Wensi?!"
"Dead from sudden illness!"
Di Zhiyuan's answer made Yang Qingyuan confused, "Dead?! So sudden!?"
This Wen Si’s death is so abnormal! But it's not like killing someone to silence them, because Wen Wu and Laifu were still alive that day, and Wen Si was not the only one who knew what happened. Just killing him would not have the effect of silencing them.
"Tell me first?! Their confessions!" Yang Qingyuan put aside these doubts for the time being.
"Both Wen Wu and Lai Fu have confessed. On April 29, Wen Pojun did follow Li Qingning's master and servant up the mountain, but their confessions contradicted each other afterwards. Wenwu said that Wenpojun used drugs to stun Li Qingning, but Laifu said it was just following."
Di Zhiyuan continued.
"Based on my experience, this should be Laifu's attempt to protect its master."
Yang Qingyuan nodded. Based on the comparison of the testimonies of Wen Wu and Li Qingning's master and servant, it was basically possible to determine the fact that Wen Pojun intended to kidnap someone.
"Have you asked anything else?! Like Wen Jie!"
Yang Qingyuan's goal is not just to clear up the case, he also wants to dig out Wen Jie's crimes behind it.
"Currently, there is no harvest, but Wenliu did say one thing."
Yang Qingyuan rolled his eyes. Lao Di's habit of saying half-sentences to tantalize people is really bad!
"He said: Servants often die in Wen Mansion! Over time, it became a normal thing!"
"oh?!"
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