"I see."
Cai Bian nodded thoughtfully, and whispered to Shangguan Jun and the others: "No wonder we have encountered some cases before and were often confused, because we have always thought about the moral good and evil of the defendant, but never thought about our own morality. Good and evil have already been restrained.”
Shangguan Jun nodded and said: "According to the teacher's wishes, we can only use limited moral good and evil to judge cases, and we should focus on rules."
Ye Zuqia said: "This is completely reversed from the previous way of trying cases. This must be why people like to watch teachers try cases."
The four of them quickly understood the essence of Zhang Fei's words. It was like an enlightenment and enlightenment, because they usually seemed a little powerless when encountering some cases, and later they all had doubts about their own judgment. But they didn't know what the problem was. Zhang Fei also emphasized their mistakes many times, but they still couldn't grasp the trick. However, when they talked about it in class, they completely understood it. The problem was that they didn't realize it. One's own view of moral good and evil has long been tied up in a bottle, and the role that the presiding officer can play is actually very limited.
In Zhang Fei's words, it is very unprofessional.
Little did they know that Zhang Fei formulated this lesson based on their phenomena, and of course they understood it the fastest.
However, those students had not tried a case and had not experienced the pressure of making a judgment. Their faces were still a little confused. At the same time, some officials and scholar-officials behind them felt suddenly enlightened.
"This guy really deserves his reputation!"
Lu Gongru stroked his beard and nodded, "A bottle of water and a wooden board can explain such a complex issue in an easy-to-understand manner. Even we have benefited a lot!"
Cai Yanqing sighed: "In fact, we didn't mainly rely on water before."
Fan Zhen smiled slightly and said: "It's really a good idea to tie your own moral values in a bottle!"
"That's nonsense!"
Suddenly I heard someone speaking loudly.
Everyone was startled and looked for the sound, only to see Liang Youyi suddenly stand 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 see you These words are simply putting the cart before the horse and misleading the public."
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 law. That is, the law of law is more important than Confucianism. This is obviously bringing in private goods.
Many old scholars were very dissatisfied with this, but they didn't want to make a noise in this class, but Liang Youyi was here to quarrel, and he didn't care so much. Anyway, he wouldn't be caught if he made a noise in the class.
Really?
When Zhang Fei saw it was Liang Youyi, his expression suddenly changed and he shouted: "Here comes someone! Get this old man down to the president of the court."
"yes!"
Ma Xiaoyi jumped out of nowhere, and regardless of Liang Youyi's identity, he directly grabbed Liang Youyi's shoulder with one hand.
This incident shocked everyone present.
"etc!"
Cai Yanqing hurriedly stopped, and then said to Zhang Fei: "President Zhang, why do you arrest people?"
Although Zhang Fei is hateful, he has always been reasonable and will not do anything wrong, let alone do anything that violates the law.
Zhang Fei frowned and said: "The president of the court has said before that I hope everyone can abide by the rules of the church, but this person not only did not abide by the rules, but made loud noises in class, he also relied on his old skills and blatantly distorted the meaning of the president of the court. To confuse people’s hearts is extremely abominable.”
"You kid is too much of a bully."
Liang Youyi, who came back to his senses, immediately became furious when he heard Zhang Fei's words, "This is not the imperial court. It doesn't matter if I say a few words. Why are you arresting people? If you can't explain it today, I will." I will never let you go."
"good!"
How could Wei Yingfang let this opportunity pass? He immediately stood up and said, "If you talk in class, even if it disturbs President Zhang's class, it is not illegal. Why should President Zhang arrest you?"
Zhang Fei said: "Isn't this illegal? He openly spreads rumors in class, confuses people, encourages students to deceive their teachers and destroy their ancestors, and maliciously slanders Confucianism. The president of this court must arrest him and interrogate him to see what his intentions are. What’s the motive behind it?”
Everyone was dumbfounded. Liang Youyi was clearly defending Confucianism, but why did you slander Confucianism? It was completely unfounded!
Just as Cai Yanqing was about to speak out, Yuan Jiang suddenly grabbed him and motioned him not to speak with her eyes.
Cai Yanqing glanced at Yuan Jiang and suddenly realized, thinking, this kid is in class just like he is in court, confusing and frightening!
Liang Youyi's face turned red with anxiety, "You are so slanderous. I am just questioning your point of view. If you can't convince me, you will slander me and spread rumors. I am going to sue you."
Zhang Fei angrily scolded: "It's obvious that you are the one who slandered others, but you still beat them up. You must be punished with an extra level of punishment."
The students looked back and forth with confused expressions. This sudden change really frightened them.
Fan Zhen suddenly stood up and said: "President Zhang, although Mr. Liang made some rude remarks, it is not to say that he was slandering others or spreading rumors to cause trouble. He just questioned some of your views."
The implication is that you are actually spitting blood.
Zhang Fei said confidently: "Mr. Fan, there is no need to plead for him. He is simply making trouble and causing trouble. Did I say that water is not important? I meant that bottles should be the main focus, and the object of my story is the future. The presiding judge is not an ordinary person. They are people who use water. Therefore, for them, how to use this water is the most important thing. He has been an official for decades and is full of knowledge. How could he not understand? But he actually This is distorting the meaning of the president of the court.”
Liang Youyi opened his mouth, but no sound came out.
He...he really didn't think of this.
He ignored that this lesson was aimed at a specific target.
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 so, it should not be criminalized."
Zhang Fei said with a serious face: "Respecting teachers and respecting morality is the belief of this president. It is sacred and inviolable. I cannot tolerate any behavior that goes against respecting teachers and respecting morality. In my opinion, this person's behavior is simply It’s just a heinous crime and must be taken down.”
"you."
Liang Youyi said: "You are simply arrogant. I am not your student. Why can't I question your point of view?"
"Yes, Confucianism also advocates respecting the elderly and caring for the young. Why don't you follow that?"
Many scholar-bureaucrats and officials also came forward to help, scolding Zhang Fei for not practicing martial ethics. Your reason is too far-fetched!
Ye Zuqia looked at their anxious and pale faces and couldn't help but think to himself, the first time he attended the teacher's class was like this.
Facing the crowd's criticism, Zhang Fei did not panic at all, and suddenly asked a group of students: "Do you think I should convict Mr. Liang?"
The students looked at each other, then shook their heads slightly.
Zhang Fei asked: "Why?"
A student plucked up the courage and said, "Because Mr. Liang just said something. 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. This will affect how I teach my students in the future, and how will my students be treated." 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 arrest him!"
Zhang Fei asked: "What's your name?"
"The student's name is Shen Qing."
"very good!"
Zhang Fei suddenly smiled and waved at Ma Xiaoyi. Ma Xiaoyi immediately let go, then raised his hand to Liang Youyi and said, "Mr. Liang, I hope you can forgive me for what I have just offended."
That's it?
Liang Youyi was so angry that he blew his beard and stared, pointing at Zhang Fei and said: "You have humiliated me time and time again. If you don't give me an explanation today, this matter will never be over. Even if you go to the officials, I won't be afraid. "
He almost fainted with anger.
Zhang Fei nodded, and then explained: "Actually, all this was just to answer Mr. Liang's question. Should water be the main one, or should the bottle be the main one?"
Liang Youyi was dumbfounded 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 determine whether you are guilty or not, because I am the president of the court, and Mr. Liang, you are just a commoner now."
Having said this, he looked at the students again, "Do you think the scene just now was scary?"
One kind of students nodded, they were really scared just now.
Zhang Fei said: "If water dominates, this 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 takes the lead, the presiding officer may still decide based on his own respect. The idea of "teachers value morality" protects teachers and believes that students should not sue teachers, but this will obviously allow more people with evil intentions to follow others' example, which is also a terrible phenomenon. "
The students nodded slightly.
This case actually happened, and it is not very rare.
Zhang Fei added: "For another example, in the previous case of matricide in Guixiang, I personally really don't want to find Wu Zhang guilty, because I think she is really innocent and very pitiful, and what she did Everything was forced and deserves everyone's sympathy. We should not make her life more difficult. This is not what Wu's mother expected, nor is it expected by the law.
But I can't do this, why, because I am the president of the court, and he cannot follow his own feelings. If I don't find her guilty, many elderly people may be killed because of this, which will even subvert the moral ethics of the entire society. besides! "
He pointed out again, "There are many people here who are deliberately trying to deal with the Imperial Court, and have used various means to hinder the Royal Court's fair trial. Remember, it is a fair trial. This really hurts With my overwhelming sense of justice, I also want to execute them all directly so that they will never be able to open their mouths."
Many people suddenly felt a chill in their hearts and had chills running down their spines. Is it true?
Is this a Hongmen banquet, where we are all going to be served in one pot?
Zhang Fei asked: "Do I have the right to do this?"
Some nodded, but then shook their heads.
"I don't know if the previous presiding judge had this power, but the president 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 intentions are, no matter how cruel their methods, as long as they don't break the law, I can't arrest them, because my sense of justice must be bound here." Inside the bottle, I cannot judge whether they are guilty or not based on my own gains and losses, likes and dislikes.
Water is a constraint for everyone, and the bottle is a constraint for the presiding judge. I will not tell the people these truths. I will only tell you, because you join the law school because you want to be the presiding judge. If If you cannot focus on the bottle in your mind, then you cannot become a qualified chief judge.
Let’s talk about the Guixiang matricide case. Why does the law stipulate this? Don’t the ministers of the DPRK and the Central Government know that this phenomenon exists? Of course they know, but there is no way. If this behavior is allowed, it may harm many people. Parents, will lead to moral decay.
In a sense, the bottle also protects the water inside from contamination. Do you all understand? "
The students nodded excitedly.
This class was so exciting. It was full of ups and downs and immersive. It was much more interesting than studying with the teacher. Moreover, at this moment, they felt that they had learned a lot of knowledge and could not wait to become a chief examiner. .
Zhang Fei looked at Liang Youyi again, "Mr. Liang, can you forgive me for my reckless behavior just now?"
Liang Youyi suppressed his blush, and after struggling for a moment, he still handed over his hands and said: "I rashly interrupted President Zhang's class, which is inappropriate."
How could he dare to be serious? Zhang Fei could not have said it more clearly, I know you are causing trouble, I will not arrest you, just because I am tied up in a bottle, if you want to release me, then I can arrest you, I'm the president of the court.
Zhang Fei cupped his hands and said, "Thank you, Mr. Liang, for not arguing with the younger generation."
Su Che suddenly stood up and said, "I would like to ask, can the water in this bottle be replaced at will?"
"Of course not."
Zhang Fei shook his head and said: "This can be explained by the court's legislation. In fact, many cases occur every year that make the law confused, but the court will never amend the corresponding laws because of a single case. Law, only when there are large-scale cases of the same type among the people, the court will seriously consider whether this law needs to be revised or improved. Why is this?"
Cai Bian immediately replied: "Because the law comes from consensus."
"Exactly right."
Zhang Fei gave him an appreciative look, "Because the law is based on consensus, if you want to amend the law, you must also be based on consensus. Maybe a defendant in a case was treated unfairly because of the regulations. , but if this is just an example, it cannot shake the entire law, and at most it can only be based on virtue.
Because the law is based on consensus, if this consensus is destroyed because of one person's injustice, more people may suffer injustice.
As the presiding judge, you should not easily question the entire law because of a certain case, because personal subjective feelings and people's consensus may deviate. Only when such cases have a mass effect, then it must be Consider the applicability of this statute.
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 when they heard this. Not only the students, but also everyone present had a deeper impression of the rule of law.
Especially this "consensus".
This is also the first time Zhang Fei uses the concept of legal system to explain legislative principles.
Su Che suddenly asked again: "Since the water inside cannot be easily changed, can you add oil, salt, soy sauce and vinegar to it?"
What are you discussing?
Cooking?
Everyone was baffled by Su Che's question.
But Zhang Fei was as clear as a mirror, shook his head and said with a smile: "It's best not to do it."
better not?
Isn’t that okay?
How does this work?
Everyone looked at Zhang Fei in confusion again.
Su Che said: "But President Zhang often adds oil, salt, soy sauce and vinegar to it to change the taste."
Zhang Fei smiled and said, "Prosecutor Su is referring to the principles and explanations I gave on the laws, right?"
Su Che nodded and said, "Exactly."
"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, soy sauce and vinegar to change the taste, so the imperial court is very cautious about this. Under the whole world, Only I, the president of the Grand Court, have this power, and the reason is that I expressed the concept 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 Criminal Court, the Procuratorate, the Ministry of Punishment, and the Dali Temple before they can be written into the "Song Xingtong". I do not have the authority to utter the law.
Finally, once these explanations and principles become written laws, I must abide by them, strictly implement them, and not change them anymore, because all explanations and principles will be bound to this bottle, although its taste has changed, and its shape has changed. There has been no change. "
As he said that, he looked at Su Che, "Does Prosecutor Su have any other questions?"
Su Che smiled and said: "Thank you, President Zhang, for clarifying my doubts."
"You're welcome."
Zhang Fei smiled and nodded, then picked up the bottle again, "Do you think this bottle is better if it is transparent or opaque?"
This question confused everyone again.
Lu Gongru and Fan Zhen also looked at each other in confusion.
What is transparency and what is opacity.
What exactly are you asking?
Although the four little King Kongs couldn't understand it, they were all used to it.
Zhang Fei waited for a moment and then looked at the scholar-bureaucrats behind him. Seeing that they were also confused, he pondered for a while and then asked: "If this bottle is opaque and only the person filling it knows, what kind of legal thought is this?"
Cai Bian's eyes suddenly lit up and he said: "The punishment is unpredictable, and the power is unpredictable."
"good!"
Zhang Fei nodded happily and asked: "What do you think now, is it better to be transparent or opaque?"
"Of course transparency is good."
Shangguan Jun said suddenly.
Zhang Fei asked: "Why?"
Shangguan Jun said: "In fact, in the Spring and Autumn Period, Zichan's "Book of Punishment" had already broken the idea that punishment cannot be known, and power cannot be measured. Later generations have written legal books, and they are more detailed. Naturally, it is good to be transparent. Otherwise, this situation would not have occurred.”
Ye Zuqia questioned: "This statement is wrong. Although there are written laws, many of the regulations are vague. For example, in the regulations, 'it is said that the laws and regulations are unorganized and the reasons cannot be done', which means there is no clear criminal act." , and the punishment is not clear. Not only is the punishment unpredictable, but 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 it is also explained in detail in the Tang Code. There are so many analogies and golden rules that it is difficult to cover them all. Without this rule, many inappropriate behaviors would not be able to convict the other party. , For example, if those scoundrels go to make things difficult for store owners, if they don’t hit people or steal, but they just mess around in front of the door, there is no way you can convict them of a crime.”
Shangguan Jun immediately said: "But it is also possible that the presiding judge will use this law to bend the law for personal gain and use the public for personal gain. Nothing will happen. That means the presiding judge has the final say."
Ye Zuqia said: "There is nothing we can do about this. After all, the law cannot cover all criminal acts. If the presiding officer comes to convict the person on the spot, wouldn't it be like breaking the bottle to get water? This is consistent with the consensus that the law is against the law."
Shangguan Jun said: "But from the beginning of not publishing the laws to now having written laws and more and more detailed explanations, this is an improvement, not a regression. It is naturally better to be transparent."
These four little kings are all extremely talented. He has been with Zhang Fei for so long and has his own unique insights into many issues. The debate between the two of them also aroused the thinking of everyone present.
But after thinking about it and thinking about it, there is no answer. I think what both of them said makes sense.
Gradually, everyone's eyes turned to Zhang Fei, and even Ye Zuqia and Shangguanjun 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 transparency is good, but you just can't do it, and reality doesn't allow it. But we have to move towards that goal, right?”
Everyone nodded.
Zhang Fei raised the bottle again, "Can you see the water inside?"
Everyone shook their heads.
Zhang Fei asked again: "Can you see this bottle?"
Everyone nodded.
Zhang Fei said: "Just now we have explained, should it be mainly water or bottles?"
"bottle."
"And what does the bottle represent?"
"The law of law."
"Yes, so one of the keys to the rule of law is to allow everyone to see the bottle clearly."
Zhang Fei said: "This is why the imperial court has always pursued open trials, even if it is so cold that it is difficult to hold a pen, just to let everyone see this bottle. This axiom is in the hearts of the people, so it can make up for the unknowable punishment in the eyes of the public. , there are some disadvantages of unpredictable power.”
These words also won the nods of approval from Fan Zhen, Su Che, and Lu Gongru.
To put it simply, transparent systems are used to make up for opaque laws.
In fact, as a lawyer from a thousand years later, of course I hope to put an end to the phenomenon that if the punishment is unknown, the power is unpredictable. This is what most people in the legal profession pursue. However, if we often ignore reality and talk about ideals, it is tantamount to being a hooligan.
What you think is good may not be suitable for everyone, and what you think is bad may be very suitable for everyone.
In the legal world, this person’s ideals cannot override consensus, and consensus is often based on realistic needs.
Zhang Fei is a lawyer by training. He is not an idealist, but a pragmatist. It is ironic to say that most of his current ideals of family, country and world were inspired by Xu Zhiqian. His previous ideals were just winning lawsuits and making money. , very superficial.
Although he does not like pocket crimes such as "should not do something", he does not support the abolition of these pocket crimes.
Because as long as you dare to abolish it, the number of scoundrels on the street will definitely increase day by day, and all the energy of the imperial court will be focused on it, and it may not be able to deal with it well.
The punishment is unpredictable, and the power is unpredictable, which has its own reason and value, especially in an era where justice is lacking.
"So, the content of this class is to make you remember this bottle."
With that said, Zhang Fei turned his head and looked at Li Si again.
I saw Li Si immediately leading three servants to the classroom. They each held a tray, and on the tray was placed a small bottle exactly like the one in Zhang Fei's hand.
Zhang Fei smiled and said: "Today is the teacher's first day of class with them, so I have prepared a small gift for you, which is this vase, one for each person. Put it in front of your case 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."
