You don't need to think about it to know who is sore.
It was Su Zizhan.
Three years!
He had been holding it back for three whole years in Yangzhou. When he came back this time, he would feel sorry for himself if he didn't make some sarcastic remarks.
But Su Shi's sour sarcasm won many people's nods.
Everyone has seen Zhang Fei's eloquence, and what he said was extravagant, but Fan Chunren judged him according to what he said, and the result was like this.
day! When you go to Yangzhou, it was all arranged by Sima Lao'er. I just nodded. What are you doing to hurt me? It's just pure jealousy. Zhang Fei muttered to himself and said: "Although I have only been the president of the court for three years, the cases I have sentenced in these three years are things that the sentencing officers could not reach in ten years.
Therefore, I think what I am talking about should not be just words on paper, but words from experience. After all, I'm not like some officials. Although I have quite a lot of seniority, I may spend more time in a brothel than in an official office, if he has an official office. "
"Ha ha.!"
Many people laughed out loud immediately.
This Erbi's mouth is still as poisonous as ever!
You don't need to think about it to know that it is a satire on Su Shi, because Su Shi did not have an official official office in Yangzhou, but an office was provided for him in a local patrol court.
Su Shi's handsome face suddenly flushed red, and the resentment towards Sima Guang in his heart increased by ten kPa.
Zhang Fei didn't want to get entangled with Su Shi at this critical moment, so he quickly returned to the topic, "Let's talk about 'no compensation' first. This 'no compensation' does not mean being a rogue, but the government does owe some military pay and pensions, but But the government is unable to compensate, and many people think that the overall situation should be taken into account, so let’s assume that in this case, the public prosecutor and the law have no right to intervene, and let’s see what happens.”
Having said this, he spread out his hands, "Actually, if you open the history books, you can quickly find the answer. Mutinies and military defeats due to arrears of military pay and non-payment of pensions are common. Everyone sitting here is familiar with the history books. , should know the stakes better than me."
Pei Wen immediately questioned: "You are overgeneralizing and the article is not relevant. Most mutinies are due to corruption, resulting in arrears of military pay and non-payment of pensions. This situation naturally requires severe punishment, and what you are assuming is The government finances cannot afford it.”
Even Wen Yanbo nodded and said: "The inability to afford and the deliberate deduction of military pay cannot be generalized."
"All right!"
Zhang Fei nodded, "I am not talking about the situation of Yongxing Army. It is only arrears and never compensation. After all, you can also say that the finances have never been good and they have never been able to afford it."
Everyone was speechless.
You brat, steal our lines.
Zhang Fei said: "That's it, but will the result change? Regardless of the reason, will the arrears of military pay affect morale, affect the combat effectiveness of the soldiers, or even lead to mutiny in the army?"
Wang Anshi said: "Having said that, what we want to know is how to solve the problem. Blindly allowing financial expenditures may cause greater chaos, just like in Qingzhou, the imperial court forced the transportation department to demolish the east wall. Repairing the Western Wall will only lead to more military arrears and cause greater chaos. This is not the solution!"
Sima Guang immediately glared at him sideways.
Zhang Fei smiled and said: "What Academician Wang said makes sense, but we have to take it step by step. Will defaulting on military pay and stopping pensions lead to the results I mentioned?"
Everyone was silent.
Sima Guang nodded and said, "Of course."
"That's fine."
Zhang Fei immediately picked up the charcoal pencil, first drew a circle with the word "no compensation" on it, and then drew a vertical line underneath and wrote down the inevitable consequences. He added: "Now let's see what the consequences will be if the imperial court intervenes and forces the government to pay compensation under the same conditions.
Since the imperial court is involved, it must act in accordance with the law. If it follows the law, the government must do its best to repay the money. It is only natural that the debt must be repaid. This is just like a farmer who owes money to a landlord and may eventually have to sell his wife and children to repay.
Based on this, will there definitely be mutiny, defeat, or even more serious phenomena? "
Meng Qiansheng said: "Of course it will."
Zhang Fei said: "Please pay attention to my wording, am I sure?"
Meng Qiansheng said: "Of course I will."
Zhang Fei asked: "Why didn't Hezhong Mansion show up?"
Meng Qiansheng blinked and hummed: "That's because Bachelor Yuan has outstanding abilities."
Zhang Fei said: "Yes! That means it may not appear."
Meng Qiansheng said: "Delay in military pay will not necessarily lead to mutiny or defeat."
Zhang Fei said: "Meng Zhiyuan might as well give an example, or ask the finance department not to pay the imperial army for three months, and then let them go to war. You can see if it will happen."
".!"
Meng Qiansheng opened his mouth slightly, but he didn't know how to refute.
Zhang Fei said with a smile: "If Meng Zhiyuan is owed three months' salary, Meng Zhiyuan will probably not be willing to work, not to mention that the soldiers will have to work hard."
Meng Qiansheng said: "Don't talk nonsense. We all grew up reading the books of sages, not for fame and fortune."
Zhang Fei said: "However, due to financial difficulties, Meng Zhiyuan did not take the initiative to reduce his salary, or persuaded the ministers to reduce their salary together."
"you!"
Meng Qiansheng couldn't help but feel anxious and angry. He glared at Zhang Fei, but was speechless.
Su Shi suddenly said: "What President Zhang said will definitely happen is because he has been in arrears with military pay and has not solved the problem. But looking at the success of Hezhong Palace, it means that the government will definitely find a way to solve it. This is biased."
Everyone woke up from a dream, yes, your unfair comparison almost brought us all into the ditch.
"Mr. Su!"
"Please call Prosecutor General Su."
Su Shi immediately corrected him.
Sima Guang had a headache.
"Feel sorry!"
Zhang Fei smiled, nodded and said: "Prosecutor Su is right, the arrears of military pay can also be repaid. However, I don't know if you have discovered one thing, that is, since ancient times, there has never been any compensation like that of Hezhong Mansion . Including the case of salt banknotes, whether it is salt banknotes or Jiaozi, there has been devaluation before. If the salt banknotes and Jiaozi are a contract, depreciation is a violation of the contract, but the government has never compensated."
The whole place was silent.
All default.
Since ancient times, military pay is either not owed, or if it is owed, it will only become more and more owed, making it impossible to pay it back.
Zhang Fei smiled and said: "If it had happened, then the imperial court's decision would not have caused such a big controversy. This point has to be analyzed from the perspective of Legalist law and legal system."
As he spoke, he wrote on the screen about Legalist law and legalistic law, "As for the concepts of the two, everyone should know that under Legalist law, assuming that the monarch requires (1), the government decrees are layered The one who gives the final feedback to the monarch must be (1).
Let’s look at the legal system again. It is also assumed that what the monarch requires is (1). Government orders are issued layer by layer. What is ultimately given back to the monarch? "
He paused briefly.
Boy, do you want to see us make a fool of ourselves again? We are not that group of fresh candidates. Wang Anshi said: "It's still (1)"
Zhang Fei asked: "Why?"
Wang Anshi said: "Because the law of the law is first and foremost about safeguarding the interests of the monarch."
"good!"
Zhang Fei nodded, "Actually, the one who gives back to the monarch is (1). From this point of view, there seems to be no difference between the two. In fact, under Legalist law, officials only need to be responsible to the monarch and complete the monarch's instructions. But in Under the rule of law, although the monarch’s instructions must be fulfilled, everyone’s legitimate rights and interests must be defended at the same time. The difference lies in this extra step.”
As he spoke, he drew corresponding patterns. On the Legalist side, there was only one feedback line, but on the legal side, there was an extra line that enclosed "everyone's legitimate rights and interests."
"Based on this picture, it is not difficult to understand why there has been no compensation like the one in Hezhong Prefecture since ancient times. However, this phenomenon appeared after the emergence of the Public Security Bureau. It is very simple. In the past, officials only needed to be responsible to the monarch. This is the most important thing. , As for increasing taxes more and paying less military pay, these are secondary, because officials do not need to be responsible for them, but this cannot be done under the rule of law."
Wang Anshi smiled and said: "According to the theory of Bachelor Sima, there is only this amount of goods and wealth produced by heaven and earth. If it is not among the people, it is in the public family. There is only so much money. Since we have to be responsible to the monarch, there will inevitably be a little increase in taxes. Pay less military pay."
Sima Guang immediately said: "If the monarch saves money, he will have the best of both worlds."
Wang Anshi said: "But what President Zhang wants is that what the officials ask for is (one), not (zero). If you still ask the officials to save money, it is cheating and is not enough to convince the public."
Sima Guang was speechless for a moment.
In fact, this is the main reason why Sima Guang lost to Wang Anshi. Zhao Xu asked for (1), but you Sima Guang wanted to give me one (0.5), so of course Zhao Xu chose Wang Anshi.
Zhang Fei hurriedly came out to smooth things over, "Actually, both of you are right."
"how do I say this?"
Wang Anshi and Sima Guang said in unison, even their eyes were exactly the same, glaring at Zhang Fei.
Do you know what it means to be incompatible with each other? Even with him and without me, there is no way it can be right.
It’s day! Lao Tzu! Zhang Fei was secretly unhappy and said, "May I ask you two, how does Hezhong Mansion solve this problem?"
Sima Guang immediately said: "Disarmament."
Wang Anshi said: "Salt debt, salt banknote."
"good!"
Zhang Fei nodded and said: "Disarmament is actually about saving money, while salt debt and salt banknotes are about increasing the wealth of Hezhong Prefecture, so you two are both right."
Having said that, he quickly skipped the topic and added: "The most important thing is to give back to the monarch (1)."
Wang and Sima kept silent, but their faces were unconvinced.
Zhao Xu glanced at them secretly and shook his head helplessly.
Zhang Fei returned to the screen again, "The difference between the two is that the interests of the Legalist law are only the monarch, while the laws of the legal system include the monarch and the people. So, which one of the two protects the interests of the monarch more?"
"Of course it's the latter."
A young candidate suddenly said.
Zhang Fei asked: "Why?"
The candidate said: "The common people also belong to the interests of the monarch. The sage said that water can carry a boat, but it can also overturn it."
"exactly."
Zhang Fei said: "Although it seems that Legalist law is only for the monarch, and the entire system only protects the monarch's interests, in fact, the monarch's gains from it are far less than the legal system. This is a typical thankless task. , the situation in the Qin Dynasty proves this point well, and it is no wonder that Legalism eventually declined."
Zhao Xu nodded frequently when he heard this. He actually agreed with this. If all the people were offended, the country would definitely be over. The key lies in how to balance it.
At this time, an official in his thirties suddenly asked: "Water can carry a boat, but it can also overturn it. This is the Confucian idea of benevolent government."
Zhang Fei smiled and said: "It can be seen that Confucianism took this issue into consideration, so it finally defeated Legalism and had the last laugh.
However, Confucian law is very similar to Legalist law. They are also completely oriented to the monarch. Although every sentence in the thought of benevolent government advises to treat the people well, it is said by the ministers and the monarch. Just what Academician Sima said, in fact It is a typical Confucian method. What he requires is that the monarch's instructions change from (one) to (zero), and then the officials only need to give feedback (zero). Wouldn't everyone be happy?
Therefore, the difference between Confucian law and Legalist law is that Confucian law intervenes before the imperial edict is issued, while Legalist law only gives feedback on the results.
Comparing the two, Confucian law is obviously superior. After all, the purpose of intervening before the imperial edict is to defend the interests of the monarch, and this interest refers to the people. "
The people sitting there nodded their heads.
One and Zero analyzes the implementation process of Legalism and Confucianism very thoroughly.
Wang Anshi suddenly asked: "What about the legal system?"
Zhang Fei hesitated a little and said: "It's hard to compare the two. I can only say that the best way to implement Confucianism is actually the rule of law."
As soon as these words came out, everyone was stunned.
Although they didn't understand it, Fu Bi and Sima Guang both understood Zhang Fei's rhetoric very clearly.
Zhang Fei has always denied Legalist law. Legalist law is to replace Legalist law. But for Confucian law, Zhang Fei is more about fusion than replacement.
This is also a key reason why the legal method can succeed. If it is to replace the Confucian method, it will not be a generation of great masters, but rebellious officials and traitors.
Wang Anshi didn't understand for a moment, "How can I say this?"
Zhang Fei said: "As for the issues of (zero) and (one), the current way of dealing with Confucian law is also to follow the golden mean. To put it simply, it is recommended that the monarch's requirements be lower and the people should pay more, and This is the problem that Hezhong Mansion faced before. If it owed a lot of military pay, it would have been in chaos long ago. The arrears are not much, and it depends on the situation. Anyway, it is to avoid chaos.
However, there is a fatal problem here, that is, from the perspective of Confucian law, this is a solution, not an expedient. In other words, it is impossible to repay what is owed, and I have never thought about repaying it. This is also a good proof. You can go to Sanya and ask whether the soldiers receive sufficient military pay every year. You definitely don’t. But if you ask the three companies if they have detailed debt accounts, they definitely don’t have them. "
Many young candidates nodded, but the ministers remained motionless.
That's it.
What kind of arrears are there, there is no intention to pay at all.
But Zhang Fei's explanation is also very good. The golden mean is so beautifully explained.
Zhang Fei continued: "But day after day, year after year, more and more problems are accumulated. If the ancestors cannot solve it, then future generations will be even more unable to solve it. Sooner or later, problems will arise."
Many ministers nodded after hearing this. At this time, the Song Dynasty was facing this problem. At first, it seemed that it didn't matter to recruit a few more officials, but in the end, more and more officials were recruited, and now they all stared blankly.
In fact, many ministers want to lay off officials, but the problem is that there is too much resistance.
Zhang Fei added: "The legal system must not only safeguard the interests of the monarch and the country, but also defend the legitimate rights and interests of individuals. Isn't this what Confucianism embodies?"
Wen Yanbo questioned: "But who can't just say it? The key is to be able to do it!"
If you have never been a prime minister, you don't know the difficulties involved. They prime ministers don't want to have both. But the problem is that they simply can't do it.
Zhang Fei smiled and said: "Wanting both... and wanting both. This sounds like very greedy. As the old saying goes, you can't have your cake and eat it too. But in fact it is not the case. The legal system needs both and wants. It is a guarantee. The basic rights and interests of both parties are to prevent losing more, not to ask for more. For example, if a person hopes to earn a hundred dollars a day, this is obviously very difficult and even a daydream, but if this person says that he only spends three dollars a day, Ten dollars, it’s not that difficult.”
Wen Yanbo nodded thoughtfully.
If you want to explain it this way, it seems that this is both wanting and wanting, and it does not seem to be very greedy.
But the question is, it’s okay to let the people spend less, but can you make the emperor spend less?
Of course, it was inconvenient for Wen Yanbo to say this on such an occasion. He could only give Zhang Fei some advantage and wait and see what he said next.
"After clarifying the concept of legal enforcement, we will take the Hezhong Prefecture military pay and pension case as an example to see how the legal system plays a role in it, and whether it can truly defend the interests of the monarch, the country, and the people. Simply To put it simply, it’s about whether you can achieve both what you want and what you want.”
While talking, Zhang Fei wrote "Hezhong Prefecture Military Pay" in the middle of the screen, then turned around and said to everyone: "Everyone should be very clear about the process of this case. Even if someone files a complaint, the government will not pay pensions. , after the Public Security Bureau decided the case, many soldiers came to complain, saying that the government was in arrears with military pay.
At that time, the Public Security Bureau made judgments in accordance with the law and made judgments based on specific evidence. Anyway, the compensation was the amount.
In fact, many officials complained at that time, saying that the Hezhong Prefecture's finances were insufficient and that the public prosecutor, prosecutor and law should take the overall situation into consideration. However, it was a pity that neither the imperial court nor the procuratorate were willing to take the overall situation into consideration and still ordered the government to compensate.
The final result was that Bachelor Yuan came up with a complete compensation plan, including disarmament, salt debt, salt banknotes, and installment compensation.
Many people think that this is due to Yuan Xueshi's outstanding personal ability, while others think that it is because Hezhong Prefecture has huge salt profits. If it were another person or another state capital, it might not be possible.
But as a system, if you change the person or the state capital, it becomes unworkable. This system is obviously a failure.
Therefore, we assume that Xueshi Yuan did not come up with a solution, and Hezhong Mansion did not have salt power. The government really can't afford to pay so much money, so what will the public security bureau, procuratorate, and law do in this case? "
Does this mean Hezhong Prefecture?
This is clearly Qingzhou.
He was not explaining, but teaching Qingzhou how to deal with it.
Hearing this, everyone could guess some clues and cheered up.
Zhang Fei glanced at him and said, "Everyone should have seen the cases I tried in Hezhong Mansion. When encountering this kind of situation, what would the public prosecutor and the law usually do?"
Have you been sentenced?
The people in the Legislative Council looked at each other.
No impression!
Is there something missing?
Fu Bi also frowned and suddenly said: "Enforce it."
"The rich man is absolutely right."
Zhang Fei said: "It means enforcement. In many cases of debts that cannot be repaid, the imperial court chooses enforcement."
Lu Huiqing questioned: "But those are the common people. In this case, the other party is the government."
Zhang Fei smiled and said: "In the eyes of the public prosecutor, this is a debt lawsuit. Although one party is the government, which may have its own particularities, which will lead to some differences in execution, there can be no differences in judgment. , otherwise, the people will be dissatisfied.
If it is really not enough, there will inevitably be compulsion in the judgment. Regarding this, I have also told Master Yuan.
This is already the worst situation, and there is really no other way. Then let’s see if enforcement and legal laws can still safeguard the interests of the monarch, the country, and the people, and whether there will be any disregard for the overall situation as disputed by the Legislative Council. "
"It must be."
Deng Wan said firmly.
"It's easy to deduce."
Zhang Fei smiled slightly and said: "Under the enforcement of the imperial court, the government has to respond and find ways to repay these debts. The best strategy is naturally the plan proposed by Academician Yuan, relying on appropriate policies to Improve the government's finances and then use the excess money to repay.
But the premise of our current assumption is that policies cannot be used to adjust and repay, so the government can only use one method to repay debts. "
Wang Anshi immediately said: "That's the next best thing to do to save money."
Zhang Fei laughed awkwardly and said, "Yes, it is to save money, but people are prone to misfortune and good fortune, so saving is not the last resort."
Lu Gongzhu sighed with emotion: "But it is difficult to go from luxury to frugality!"
This sentence shows the difficulty.
If you save, no one will get the money.
"yes."
Zhang Fei said: "But this is mandatory, and it must be implemented even if it is difficult. Then the government has to look at its main expenditures and find ways to save. The main expenditures of the government include the money handed over to the court, officials' salaries, soldiers' salaries, and ministers The hospital’s public expenditures.
The most insignificant expenditure among them is the public expenditure of the Legation. We will save a little here first, but it will not be enough. Therefore, disarmament is also a way to save. However, soldiers must protect their homes and the country, and they cannot disarm blindly. They can only disarmament appropriately. Some, but after cutting, it was still not enough.
The next step is the salary of officials. Then cut off officials and leave only necessary officials. But it is still not enough. The money turned over to the court is reduced, but it is still not enough. "
Everyone was stunned and terrified.
They originally thought that Zhang Fei was trying to hint at the layoffs, but after the layoffs, it was still not enough. What are you trying to do?
Pei Wendao: "If it's not enough, there will be nothing left."
Zhang Fei said: "We have to do it according to the worst situation, so that we can test this system."
Sima Guang suddenly glanced at Liu Shu.
Liu Shu understood it and immediately said: "This is not the worst situation."
Zhang Fei asked: "What is the worst thing Liu Shilang said?"
Liu Shudao: "You are only executing unilaterally. The government is like a dead thing. But that is not the case. Suppose the government embezzles military pay to compensate and never owes more military pay. This can cause greater chaos."
"It's all the same."
Zhang Fei smiled and said: "As long as the evidence is conclusive, it will be enforced. If you owe more people, you will pay more money. But since the government is willing to pay, it will not cause chaos!"
Liu Shu was stunned, "But the government can't afford to pay."
Zhang Fei said: "Nothing is difficult in this world. I'm afraid that if someone is willing, the government will have to pay compensation or it can afford it. We haven't even started selling land or houses yet."
Liu Shu was immediately dumbfounded.
But it seems like this is the case. The cause of the chaos must be that the government does not pay compensation, but if the government is willing to sell land and houses to compensate, of course there will be no chaos.
Deng Wan couldn't help but said: "With your method of compensation, the entire government will pay for it."
Zhang Fei said: "According to the legal system, what should we do in this situation?"
Deng Wan said: "I still want to ask you."
Zhang Fei smiled and said: "I have actually made similar rulings in many cases."
Fu Bi immediately reacted, "Debt liquidation and debt restructuring."
He has been studying Zhang Fei's verdict for the past three years.
Zhang Fei nodded with a smile and said: "Gongfu's words are reasonable. When the compensation reaches this level, it is better to make up for it, that is, to enter into debt liquidation and debt restructuring.
Personally speaking, it is to protect the basic life of the individual or family, and all remaining income will be used to pay off debts. The same should be done for the government, that is, while ensuring the basic operation of the government, all the rest should be used to repay debts.
Although the government accounts are very complicated, the imperial court will also make precise calculations. For example, a prefect may have ten officials around him, but after calculation, five officials may be able to maintain the most basic operation, and they will be laid off. Five of them are officials.
For another example, when an envoy comes to Hezhong Mansion, he used to have wine and meat, but now he can only take care of himself.
For another example, he could only take the salary and not work for those officials who were sent salary. Laying them off would not affect the operation of the government, so he laid off all of them.
The same principle applies to disarmament, retain only what is needed and cut off the rest. "
Before he finished speaking, there was an uproar below.
