"I see.!"
Fu Bi nodded as if he had some understanding and murmured to himself.
In fact, he had already realized before that Song Xingtong was different from the legal system. So how should we establish legislation based on the legal system?
This has always puzzled him.
Because there is an unspeakable contradiction, that is, the emperor's interests come from the people.
If personal interests are emphasized, it will inevitably hurt the interests of the emperor.
The two are contradictory, and this problem seems to have no solution.
The plan given by Zhang Fei is to distinguish the monarch, national interests and personal rights and interests.
How to tell the difference?
Zhang Fei did not say it clearly, but gave some ideas. First, it depends on whether the case involves greater interests of the country and the monarch, or greater personal interests.
Secondly, based on the severity of the plot, stealing a mulberry leaf and stealing money from your house are both thefts, but the former is classified at the personal level, while the latter is classified at the national level.
However, penalties vary depending on the severity of the crime. This has been true since ancient times. Even according to the existing laws, if someone steals a mulberry leaf compared to someone who steals from your home, the sentence will definitely be lighter.
However, based on the legal system, as long as it is classified at the individual level, the government should focus on personal interests and gains and losses. If the government is not among the victims, should penalties be used? The answer that comes out is mainly compensation.
This is obviously much more difficult!
Legalism is about fighting violence with violence. It is simple and crude. If you don't obey, I will beat you. But then again, if you don't beat him, how can he obey you?
This is really getting harder the more I think about it.
Cai Bian asked: "Teacher, if we follow this argument, in many cases, compensation should be the main focus. How to determine compensation? If this law is not strictly stipulated, I am afraid it will leave opportunities for corrupt officials to take advantage of." "
Fu Bi nodded repeatedly after hearing this.
Well said!
Compensation involves money. If you don't make it clear, officials will have the final say. This is very critical.
It can be seen that this matter is to be prevented and controlled, which is deeply rooted in the hearts of the people. Whether Fu Bi or students, they actually have the consciousness of limiting power.
Especially gentlemen like Fan Zhongyan and Fu Bi were so high-spirited at the time that they even told Renzong directly that your emperor should not have too much power.
The emperor and the scholar-bureaucrats jointly governed the world, which had the meaning of maintaining the power of the nurse-bureaucrats, but it also had the meaning of limiting the imperial power.
Zhang Fei asked: "Does Song Xingtong have any regulations on compensation?"
Everyone made eye contact.
Cai Bian said: "Be prepared for compensation."
Zhang Fei said: "What is the meaning of compensation?"
"Redemption." Cai Bian replied.
Zhang Fei asked: "Does it have anything to do with the actual loss of the victim?"
Cai Bian shook his head, "No."
The compensation system also requires compensation to the victim, but the specific amount of compensation is determined based on the punishment you will receive. If ten dollars are worth a stick, and you are sentenced to ten sticks, you will have to spend one hundred dollars to avoid the penalty. , this 100 yuan will be compensated to the victim. Even if the victim loses 10 yuan, you will still pay 100 yuan. This has nothing to do with how much the victim lost.
Zhang Fei said: "Whose interests are you mainly defending?"
Cai Bian replied: "The interests of the country and the monarch."
Zhang Fei nodded and said: "Because personal losses are not within the scope of consideration, punishment is still the main focus."
Cai Jing suddenly asked again: "Does the innocence protection system count?"
Zhang Fei said: "Do you think it counts?"
Ye Zuqia said: "Guilty bail is generally used for the crime of wounding. If someone is injured, the government will postpone the sentence for twenty to fifty days depending on the severity of the injury. Assuming it is twenty days, then ten If the injured person dies on the ninth day, you will be convicted of murder, so the person who injured the person will be forced to do his best to heal the victim."
"force?"
Zhang Fei smiled and said: "Forcing is coercive. In the stock protection system, is this coercion?"
"no."
Ye Zuqia shook his head and said again: "Induction."
Zhang Fei nodded and said: "Induction may be more appropriate, but this only shows that the government is more inclined to compensate those who hurt others, but the law is coercive, and if I were a doctor, I think you would be able to do it in half a month." If he gets better, I won’t pay compensation. If he gets better in half a month, I’ll be fine too, but are the rights of the victims protected?”
Ye Zuqia shook his head.
Zhang Fei added: "I undoubtedly punched him, and I tried my best to compensate him and help him treat him. As a result, he died suddenly, and I also had to be sentenced to death. Is this defending my legitimate rights and interests? ?”
Everyone shook their heads again.
Zhang Fei nodded with a smile and said: "It can be seen that whether it is compensation or bailout, it actually follows the idea of compensation without punishment, punishment without compensation. The main thing is the country, and has little to do with the individual. It cannot be applied to The law of law.”
After a pause, he asked again: "Do you know how the government handles cases of non-payment of money?"
Cai Bian replied: "Usually such matters will not be brought to the government, but if they are brought to the government, they will usually be given ten sticks first to urge them to pay back the money."
"Why don't you pay it back?"
"Ten more blows."
"What if you don't pay it back?"
"Well."
Cai Bian suddenly realized that there might be a trap in this question. After thinking about it, he said: "It depends on how much money is owed. If the money is not much, it may be ten sticks or twenty sticks. Generally speaking, the government will judge that if the punishment is enough Pay off the debt and we won’t care about it anymore.”
"It is better to pay without punishing, and to punish without repaying. The purpose of this is to appease the people, and it is related to the country and the monarch, rather than to defend personal interests." Zhang Fei said: "How do the people deal with it?"
Cai Bian said: "If it is a landlord and a tenant farmer, the tenant farmer may be forced to sell his wife and children."
Zhang Fei asked: "Compared to using punishment to urge, which method do you think is more reasonable?"
Everyone was looking at each other.
Ye Zuqia said: "If it were me, I would rather receive twenty sticks than sell my wife and children."
Many people nodded.
Shangguan Jun said: "But if you get twenty sticks and let it go, wouldn't the person who borrowed the money lose it in vain? This is illegal!"
Many people nodded again.
"There's a problem."
Zhang Fei came to the board again and said, "If you pay with a fine, then the person who borrowed the money will lose money in vain and fail to protect his legitimate personal interests. It is unreasonable to sell your wife and children, but you think this is too much compensation. But as far as the legal system is concerned, wives and children are also human beings, and their rights and interests are also personal rights.”
The students were startled, this was something they had never thought of.
This legal system is truly pervasive and touches every aspect.
Zhang Fei said: "But if you are asked to modify it, will you modify it based on compensation with punishment, or will you sell your wife and children?"
Cai Bian asked uncertainly: "Selling your wife and children?"
"Why?"
"Because according to the legal system, it is wrong to use punishment as compensation. If you sell your wife and children, as long as it is changed to repay the money, then it will be fine."
"But usually, people sell their wives and children only when they have no money to pay back." Shangguan Jun said.
Cai Bian said: "That's true."
Zhang Fei smiled and asked, "What should I do?"
you ask me?
I still want to ask you.
Everyone looked at Zhang Fei blankly.
Zhang Fei said: "Don't look at me all the time. You have to think for yourself. I think for myself too. What you have to learn is the method, not the conclusion. Maybe my conclusion is wrong too! This time I will lead you to deduce it." Once, you have to think for yourself next time, don’t always rely on me.”
The students nodded awkwardly.
"Suppose Zhang San, no, suppose Li Si, also wrong, suppose Wang Wu borrowed five guan of money from Zhao Liu, but in the end he failed to repay the money as promised, and Zhao Liu came to the government to sue. What is our first step to consider? "
"Consider whether Wang Wu has the money to pay back?" Shangguan Jun replied.
"If you think so, then you'd better not be an official." Zhang Fei snorted.
Shangguan Jun said: "Why?"
Zhang Fei smiled bitterly and came to the board, "We just said that the first thing to consider is whether it will harm the interests of the country and the monarch. If you don't consider this, what kind of official do you want to be?"
Fu Bi, Wang Anshi, and Sima Guang all laughed when they heard this.
Zhao Xu didn't think anything of it at first, but when he saw them all laughing, he laughed too, feeling a little embarrassed.
He also considers me too much.
Shangguan Jun's face was as red as a monkey's butt. After this class, he got many more wrong answers than in all the classes above him.
"Do you have?"
Zhang Fei asked again.
"Probably not." Cai Jing replied.
"There should be nothing, but there is nothing at all. This is purely a debt relationship between two people."
Zhang Fei glanced at him and said, "Since the interests of the monarch and the country are not involved, what do we only need to consider?"
"Personal legitimate rights and interests."
"right."
Zhang Fei said: "We must focus on this point. This is a debt dispute, what should we judge first now?"
Ye Zuqia glanced at Shangguan Jun, as if asking, do you still want to answer?
Shangguan didn't dare to answer.
Ye Zuqia said confidently: "First of all, we must consider whether Wang Wu has the money to pay back?"
Zhang Fei said angrily: "If you want to be an official, you must be a mediocre official."
Xu Zhiqian couldn't help but chuckle.
Ye Zuqia wondered: "Otherwise, what would you consider?"
Zhang Fei said: "Of course you need to consider whether the debt relationship is legal and real? If you save this step, do you still need to consider the next step? You can decide whatever you want!"
Ye Zuqia's face was redder than Shangguan Jun's.
Shangguan covered his mouth and snickered.
What are you pretending to be?
"Youdao is like three cobblers who stand up to Zhuge Liang. After a group of you guys reviewed it for more than half a year, it was finally determined that the debt relationship is real and legal. What should we consider next?"
".?"
Whoever answers SB!
Xu Zhiqian couldn't help but replied: "Consider whether Wang Wu has the money to pay back?"
"What do you know as a tea maker?"
Zhang Fei glared at her, "Of course I'm considering whether Zhao Liu's request is reasonable or not!"
Xu Zhiqian pouted and continued to make tea.
Shangguan Jun, Ye Zuqia and others immediately regained their balance.
It turns out that the teacher was not targeting me, but even my fiancée.
Zhang Fei said excitedly: "How many times do I have to tell you before you can remember that it is crucial to defend one's legitimate rights and interests and whether Zhao Liu's demands are legitimate? Do you know how many landlords collude with the government to oppress them?" Common people, this is where the problem lies. The government will also judge the landlords for their unjust demands. You, when you go out from now on, don’t say that you are my student. I really can’t afford to embarrass this person."
The students' eyes were slightly red.
They used to dislike Zhang Fei, but now they are disliked by Zhang Fei like this.
Zhang Fei continued to ask: "You guys have been reviewing it for half a year and found that your appeal is legitimate. What should you do next?"
This time no one dared to answer.
Zhang Fei was not in a hurry and leaned on the podium, meaning that we should just use it up.
Zhao Xu said: "We should consider whether Wang Wu has the money to pay back."
"The official sage!"
Zhang Fei immediately bowed his hand.
I..
Countless looks of contempt were directed at Zhang Fei.
You are too much!
Zhao Xu didn't feel proud at all, but his cheeks were slightly red.
When Zhang Fei saw the emperor's embarrassment, he thought that was no good, and quickly returned to the topic, "As the official said, the next step is to examine, does Wang Wu have the money to pay back? There are two situations. First, if he has the money, he will not pay back. Second, he will not pay back the money. He doesn’t have the money to pay back. Let’s look at the first option first. What if he doesn’t pay back the money?”
Cai Bian replied: "Force him to pay back the money?"
Zhang Fei said: "We must first consider one issue here. Generally speaking, it is impossible for Wang Wu to say that he has money but not pay it back. He must say that he has no money, so we first need to verify whether he really has money.
If he finds out that he really has money, but he just doesn't pay it back, what does this mean? "
".!"
"This is deceiving the government and disobeying the government order." Cai Bian replied with courage.
"Whose interests are violated?"
"Prince and State."
"right."
Zhang Fei nodded, "Then he will be punished, but how should this punishment be determined?"
Cai Jing suddenly said: "I think the compensation system can be used to judge."
Zhang Fei asked: "Why?"
Cai Jingdao: "Because Wang Wu's original intention was to default on the debt, rather than to harm the interests of the country and the monarch, the penalty should not be too severe, and if he repays the money directly, the government will not need to incur so much loss, so I feel prepared It is more appropriate to pay the penalty, but the money for redemption should go to the government."
Wang Anshi frowned when he heard this, as if he thought of something.
Zhang Fei praised: "Cai Jing, you can break away from the Stooges' team."
When it comes to money, Cai Jing's mind is still very flexible.
Facing this compliment, Cai Jing didn't know whether he should be happy or depressed.
Zhang Fei continued: "Wang Wu's behavior intentionally caused losses to the government, but also indirectly harmed the interests of the country and the monarch. Compensation is undoubtedly a very appropriate punishment. Let him choose for himself, whether to beat him or punish him." He, after all, makes sense in both.
If you don't pay back the money, what you consider is the government's ability and execution ability. The terrible thing is that Wang Wu really doesn’t have the money to pay back, so what should he do? "
The students all looked at Zhang Fei, including the group at the back.
This problem is really difficult to solve.
In the eyes of many officials, it was just a beating to pay off their debts.
Soothing.
But based on the rule of law, this cannot be fought.
Zhang Fei waited for a while, but no one answered, and then he said: "I reiterate, based on the rule of law, our principle is to defend the legitimate rights and interests of individuals, not on the premise of harming the rights and interests of others. This person Including Wang Wu.
Not paying back the money would harm Zhao Liu's interests, but he had no money to pay back. If the government adhered to the concept of legality, it could only force Wang Wu to repay Zhao Liu how much money he had to pay each month based on his monthly income. six. Wang Wu must pay back the money, but at the same time, he cannot repay the money on the premise of hurting Wang Wu. "
Everyone nodded thoughtfully.
Zhang Fei asked again: "If Wang Wu owns a small house, does he have to sell the house to pay off the debt?"
Cai Bian shook his head and said, "It shouldn't be. If Wang Wu is forced to sell his house in winter and his family freezes to death, then it is no different from taking away rations."
Zhang Fei asked again: "What if Zhao Liu is waiting for this money to save his life?"
Everyone was dumbfounded. Are you making things difficult for us?
Zhang Fei said: "Don't look at me like that, this kind of case has definitely happened."
Shangguan Jun said: "Then I guess I have to let Wang Wu sell the house. After all, this person's life is at stake, and he has the obligation to repay the money."
Zhang Fei smiled and said: "Actually, this kind of case can only be analyzed in detail. I don't have a specific answer, but you must not be afraid, because as long as you uphold the concept of safeguarding the legitimate rights and interests of individuals, no matter whether it is legislation or not, , whether it’s a penalty, it may be different for everyone, but it won’t be a wrong decision.”
All the students nodded one after another, and their confidence began to rise. It was as if a window had opened in their hearts, and a ray of light shone in from the outside.
Zhang Fei glanced outside the door, it was almost time, get out of class could be over.
Wang Anshi suddenly smiled and said: "Teacher Zhang's words are very reasonable and I have benefited a lot, but Teacher Zhang seems to have overlooked one point."
Everyone looked at Wang Anshi.
Zhang Fei hesitated for a moment, then cupped his hands and said, "I would like to hear your advice."
Wang Anshi asked with a smile: "If the government has to consider even a debt dispute in such detail, will the government still have the energy to care about other things?"
