met free Chapter 652 Fangs
Chapter 652 Fangs
It is easy to know who is being sour.
It was Su Zizhan.
Three years!
He stayed in Yangzhou for three full years, and when he came back this time, he would feel sorry for himself if he didn't say a few words of sarcasm.
But Su Shi's sour sarcasm won many people's nods.
Everyone has seen Zhang Fei's eloquence, and what he said was hype, but Fan Chunren followed his words to the trial, and the result was like that.
day!You went to Yangzhou, it was all arranged by Old Sima, I just nodded, why are you sour on me, pure jealousy.Zhang Fei murmured to himself, and said: "Although I have only been the chief judge for three years, in these three years, I have judged cases that those judges who have been promoted for ten years have not been able to achieve.
Therefore, I think I should not be talking about it on paper, but a talk of experience.After all, I am not like some officials. Although I have a lot of seniority, I may spend more time in the brothel than in the official office, if he has an official office. "
"Ha ha.!"
Many people immediately laughed out loud.
The mouth of this Erbi is still as poisonous as ever!
You don't need to think about it to know that you are satirizing Su Shi, because Su Shi doesn't have a formal official office in Yangzhou, but an office was set up for him in a local inspection court.
Su Shi's handsome face immediately flushed red, and the resentment towards Sima Guang in his heart increased by another ten thousand pascals.
Zhang Fei didn't want to get entangled with Su Shi at this critical moment, so he hurried back to the topic, "Let's talk about 'no compensation' first. This 'no compensation' doesn't mean playing rogue, but that the government did owe some military salaries and pensions, but The government is also 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 Prosecution Law has no right to intervene, so let's see what happens."
At this point, he spread his hands, "Actually, if you open the history books, you will soon find the answer. Mutinies and defeats can be found everywhere because of arrears of military pay and non-payment of pensions. Everyone here is familiar with history books." , should be more aware of the stakes than me."
Pei Wen immediately questioned: "You seem to be overgeneralizing, and the article is not on the topic. Most of the mutinies are due to corruption, which leads to arrears of military pay and non-payment of pensions. Naturally, severe punishment is required for this situation, and what you assume is Government finances can't afford it."
Even Wen Yanbo nodded and said: "The inability to pay and the deliberate deduction of military pay must not be generalized."
"All right!"
Zhang Fei nodded, "I'm not talking about the situation of the Yongxing Army. It's only arrears and never compensated. After all, you can also say that the finances have always been bad, and they have never been able to afford it."
Everyone was speechless.
Brat, grab our lines.
Zhang Fei said: "That is the case, but will the result change? No matter what the reason is, will the arrears of military pay affect morale, affect the combat effectiveness of soldiers, and even lead to mutiny in the army?"
Wang Anshi said: "Although that is the case, 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 transfer department to tear down the east wall. Compensation for the Western Wall will instead lead to more arrears of military expenses and cause even greater chaos, this is not the solution!"
Sima Guang immediately glared at him sideways.
Zhang Fei said with a smile: "Xueshi Wang is right, but we have to take it step by step. If we default on the military salary and stop the pension, will it lead to the result I said?"
Everyone was silent.
Sima Guang nodded, "Of course."
"That's fine."
Zhang Fei immediately picked up a charcoal pen, first drew a circle with the word "no compensation" on it, and a vertical line below it, writing 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 intervenes, it must act according to the law. If the law is followed, the government must try its best to repay the money. It is only natural to pay the debt.
Based on this, will there be mutiny, defeat, or even more serious phenomena? "
Meng Gansheng said, "Of course it will."
Zhang Fei said: "Please pay attention to my wording, is it sure?"
Meng Qiansheng said: "Of course I will."
Zhang Fei asked: "Then why didn't the Hezhong Mansion appear?"
Meng Gansheng blinked and snorted, "That's because Bachelor Yuan has outstanding abilities."
Zhang Fei said: "That's right! In other words, it may not appear."
Meng Gansheng said: "Arrears of military pay may not necessarily lead to mutiny or defeat."
Zhang Fei said: "Meng Zhiyuan might as well give an example, or let the treasury not pay the imperial army for three months, and then let them go to war, see if it will happen."
".!"
Meng Gansheng opened his mouth slightly, but he didn't know how to refute.
Zhang Fei said with a smile: "If Meng Zhiyuan is in arrears with three months' salary, it is estimated that Meng Zhiyuan will not be willing to work, let alone the soldiers will have to work hard."
Meng Gansheng said: "Don't talk nonsense, we all grew up reading sage books, not for fame and wealth."
Zhang Fei said: "However, because of the financial difficulties, the Zhiyuan Meng did not take the initiative to cut the salary, or persuade the ministers to cut the salary together."
"you!"
Meng Gansheng couldn't help being anxious and angry, he glared at Zhang Fei, but couldn't speak.
Su Shi suddenly said: "What President Zhang said will definitely happen is based on the fact that he has been in arrears with the military and has not solved this problem. However, looking at the success of the Hezhong Mansion, it means that the government will definitely find a way to solve it. This is not biased."
Everyone woke up like a dream, yes, your unfair comparison almost brought us all into the ditch.
"Mr. Su!"
"Please call Prosecutor General Su."
Su Shi corrected immediately.
Sima Guang had a headache.
"Feel sorry!"
Zhang Fei smiled sheepishly, 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 Hezhong Mansion Including the case of salt banknotes, whether it is salt banknotes or Jiaozi, there has been depreciation before. If salt banknotes and Jiaozi are a contract, depreciation is a breach of contract, but the government has never compensated."
The audience was silent.
All default.
Since ancient times, military pay was either not owed, and if it was owed, it would only become more and more owed, and it was impossible to pay back.
Zhang Fei said with a smile: "If it had happened, then the imperial court's judgment would not have caused such a big controversy. This point has to be analyzed from the legalist law and the legal system."
As he said that, he wrote on the screen the law of the Legalists and the law of the legal system, "Everyone should know the concepts of the two. Issued, the final reward to the monarch must be ([-]).
Looking at the law of the rule of law again, it is also assumed that what the monarch requires is ([-]), and the government orders are issued layer by layer, and what is finally rewarded to the monarch? "
He paused for a moment.
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 ([-])"
Zhang Fei asked: "Why?"
Wang Anshi said: "Because the law of the rule of law is first and foremost to defend the interests of the monarch."
"Not bad!"
Zhang Fei nodded, "Actually, it is still (one) to give back to the monarch. Looking at it this way, there seems to be no difference between the two. In fact, it is not the case. Under the legalist law, officials only need to be responsible to the monarch and complete the monarch's instructions. But in Under the law of 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.”
While speaking, he drew the corresponding pattern. There is only one feedback line on the legalist side, and an extra line on the legal side, enclosing "everyone's legitimate rights and interests".
"According to this picture, it is not difficult to understand why since ancient times, there has been no compensation like that of Hezhong Mansion, but this phenomenon has appeared after the emergence of the public security law. It is very simple. In the past, officials only had to be responsible to the monarch, which is the most important thing. , As for increasing taxes and paying less military pay, these are secondary, because officials do not need to be responsible to them, but the rule of law cannot do this.”
Wang Anshi smiled and said: "According to the theory of Bachelor Sima, there are only a few things in the world. If they are not in the private sector, they are in the public. There is only so much money. Since we are responsible to the monarch, we will inevitably increase the tax. Pay less military pay."
Sima Guang immediately said: "If the monarch saves money, he can get the best of both worlds."
Wang Anshi said: "However, President Zhang is asking for (one), not (zero). If you still ask the officials to save money, it's cheating, and it's 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. What Zhao Xu asked for was (0.5), and you Sima Guang wanted to give me one ([-]), so of course Zhao Xu chose Wang Anshi.
Zhang Fei hurried out to smooth things over, "Actually, both of you are right."
"how do I say this?"
Wang Anshi and Sima Guang spoke in unison, and even their eyes were exactly the same, staring at Zhang Fei.
Do you understand what it means to be irreconcilable, even if there is him without me, how can it be correct.
It's day!I!Zhang Fei was secretly unhappy, and said: "Dare to ask you two, how did the Hezhong Mansion solve this problem?"
Sima Guang immediately said: "Disarm."
Wang Anshi said: "Salt debt, salt money."
"Not bad!"
Zhang Fei nodded and said: "Disarmament is actually saving money, salt debt and salt money are to increase the wealth of Hezhong Mansion, so both of you are right."
After that, he hurriedly skipped the topic, and said: "The most important thing is to give back to the monarch (one)."
Wang and Sima kept their mouths shut, but neither was convinced.
Zhao Xu sneaked a glance at them and shook his head helplessly.
Zhang Fei went back to the screen again, "The difference between the two is that the legalist law only benefits the monarch, while the legal system includes both the monarch and the people. So, which of the two will protect the monarch's interests more?"
"Naturally the latter."
A young candidate suddenly said.
Zhang Fei asked: "Why?"
The examinee said: "The people also belong to the interests of the monarch. The sage said that water can carry a boat, and it can also capsize it."
"exactly."
Zhang Fei said: "Although it seems that the legalist law is only for the monarch, and the entire system is only for the monarch, it seems to fully protect the interests of the monarch, but in fact, the monarch's income from it is far less than that of the legal system. This is a typical thankless effort. , the situation of the Qin Dynasty is a good proof of this point, and it is no wonder that the Legalists eventually went into decline."
Zhao Xu nodded frequently when he heard it. In fact, he also agreed with this truth. If the people are offended, then the country will 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 said with a smile: "It can be seen that Confucianism took this issue into consideration, so it finally defeated Legalism and had the last laugh.
But Confucianism is very similar to Legalism in that it is completely oriented towards the monarch. Every word in the thought of benevolent government, although persuading the people to be kind to the people, is what the ministers and the monarch said, just what the Sima scholar said, in fact It is a typical Confucian law. What he requires is that the monarch's instructions change from (one) to (zero), and the officials only need feedback (zero). Isn't this all 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, it is obvious that the Confucian law is superior. After all, the purpose of intervening before the imperial decree is to defend the interests of the monarch, and this interest refers to the common people. "
The people sitting there nodded straightly.
One and zero, thoroughly analyze the implementation process of Legalism and Confucianism.
Wang Anshi suddenly asked: "What about the law of the rule of law?"
Zhang Fei hesitated a little, and said: "The two are not comparable, I can only say that the best way to implement Confucianism is actually the law of the rule of law."
When these words came out, everyone was stunned.
Although they don't understand, Fu Bi and Sima Guang have a very thorough understanding of Zhang Fei's words.
Zhang Fei has always just denied the law of the Legalists, and the laws of the legal system are meant to replace the laws of the Legalists, but for the laws of the Confucianism, Zhang Fei is more of a fusion rather than a replacement.
This is also a key reason for the success of the legal system. If it is to replace the Confucian law, it is not a master of the generation, but a traitor.
Wang Anshi didn't understand for a while, "How do you say this?"
Zhang Fei said: "On the issue of (zero) and (one), the Confucian law is currently dealing with the doctrine of the mean. To put it simply, it is suggested that the monarch should lower the requirements and let the people pay more. This was the problem that the Hezhong Mansion faced before. If it owed a lot of military pay, it would definitely be in chaos.
However, there is a fatal problem here, that is, from the point of view of Confucianism, this is a solution, not an expedient measure. It is also easy to prove that you can go to Sanya and ask whether the soldiers get the full amount of military pay every year, and they definitely don't.But if you ask the third division, if you have detailed debt accounts, you certainly don't have any. "
Many young candidates nodded their heads one after another, but the ministers remained motionless.
That's all.
What is in arrears, there is no plan to pay at all.
But Zhang Fei's explanation is also very good, the way of the mean, how beautifully said.
Zhang Fei went on to say: "But day after day, year after year, it accumulates more and more. If the previous generations can't solve it, the future generations can't solve it even more. Sooner or later, there will be problems."
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 rule of law is to protect the interests of the monarch and the country, as well as the legitimate rights and interests of individuals. Isn't this what Confucianism is trying to embody?"
Wen Yanbo questioned: "But no one can say it, the key is to be able to do it!"
If you have never been a prime minister, you don't know how difficult it is. These prime ministers don't want to have both, but the problem is that they can't do it at all.
Zhang Fei said with a smile: "I want both. It sounds like I'm very greedy. There is an old saying that you can't have both. But it's not the case. The legal system needs both and it's a guarantee." The basic rights and interests of both parties are to prevent losing more, not to ask for more. For example, it is obviously very difficult for a person to earn [-] guan a day, even daydreaming, but if the person says that he only spends [-] guan a day. Ten dollars, this is not very difficult."
Wen Yanbo nodded thoughtfully.
If you want to explain it this way, this is both wanting and wanting, and it doesn't seem to be very greedy.
But the question is, it is possible to let the common people spend less money, but can you make the emperor spend less money?
Of course, it is inconvenient for Wen Yanbo to say this on such an occasion, so it can only make Zhang Fei feel cheap, and let's see what he says later.
"After clarifying the concept of the implementation of the legal system, let's take the case of the military salary and pension in Hezhong Prefecture as an example to see how the legal system works in it, and whether it can really protect the interests of the monarch, the country, and the people. Simple In other words, it is whether we can achieve both what we need and what we need.”
While speaking, Zhang Fei wrote "Military Pay of Hezhong Prefecture" 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 issue pensions. After the public prosecutor's decision on the case, many soldiers came to sue, saying that the government was in arrears with the military salary.
At that time, the Public Prosecution Law made a judgment according to the law, and made a judgment based on specific evidence. Anyway, the compensation was as much as it was.
In fact, many officials complained at that time, saying that the Hezhong government’s finances were insufficient, and the public security law should take into account the overall situation. Unfortunately, neither the imperial court nor the procuratorate were willing to take the overall situation into consideration, and still judged the government to compensate.
The final result is that Bachelor Yuan came up with a complete compensation plan, including disarmament, salt debt, salt money, and installment compensation.
Many people think that this is due to Bachelor Yuan's outstanding personal ability, and some people think that it is because of the huge salt power of Hezhong Prefecture, it may not work if it is a different person or a different state capital.
But as a system, if you change individuals and state capitals, it will become unworkable. This system is obviously a failure.
Therefore, we assume that Yuan Xueshi did not come up with a solution, and the Hezhong Mansion did not have any salt benefits.The government really can't afford to pay so much money, so in this case, what will the public security law do? "
Does this mean Hezhong Mansion?
This is clearly Qingzhou.
He is not explaining, but teaching Qingzhou how to deal with it.
Hearing this, everyone can be regarded as having heard some tricks, and cheered up one after another.
Zhang Fei glanced at him, "Everyone should have seen the case I tried in the Hezhong Mansion. In such a situation, what would the public security bureau usually do?"
Have you been judged?
People in the Legislative Council looked at each other in blank dismay.
No impression!
Am I missing something.
Fu Bi also frowned, and suddenly said: "Enforce."
"Fu Gong is absolutely right."
Zhang Fei said: "It is compulsory execution. In many cases of insolvency of debts, the imperial court chooses compulsory execution."
Lu Huiqing questioned: "But they are ordinary people. In this case, the other party is the government."
Zhang Fei said with a smile: "In the eyes of the public prosecutor, this is a debt lawsuit. Although one party is the government, it may have its own particularities, which may lead to some differences in execution, but in terms of judgment, there cannot be differences. Otherwise, the people will not accept it.
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, there is really no way.Then let's see if it is enforced, the law of the rule of law can still protect the interests of the monarch, the country, and the people, and whether there will be disregard of the overall situation that the Legislative Council disputes. "
"It will."
Deng Wan said firmly.
"It's easy to deduce."
Zhang Fei smiled slightly, and said again: "Under the enforcement of the imperial court, the government has to deal with it and find a way to repay these debts. The best strategy is naturally the plan proposed by Bachelor Yuan. Improve the government's finances, and then use the excess money to pay back.
But the premise we assume now is that the government cannot use policies to adjust and repay the debt, so the government can only use one method to repay the debt. "
Wang Anshi immediately said: "That is the next strategy to save money."
Zhang Fei laughed awkwardly, "That's right, it's saving money, but people have misfortunes and good fortunes, so saving is not a good idea."
Lu Gong wrote with emotion: "But it is difficult to go from extravagance to frugality!"
This sentence tells what is difficult.
Your savings will save who gets the money.
"Yes."
Zhang Fei said: "But this is compulsory execution, 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 are the money handed over to the court, officials' salaries, soldiers' salaries, and envoys Public expenditure of the hospital.
The most insignificant expenditure is the public expenditure of the Minister's Office. Let's save a little here first, but it is not enough, so disarmament is also a way of saving, but soldiers must defend their homes and the country, and they cannot be blindly disarmed. Some, but after cutting, still not enough.
The next step is the salary of the officials, so the officials will be dismissed, leaving only the necessary officials.But it was still not enough, and the money turned over to the court was reduced, but it was 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 there is not enough, there will be nothing."
Zhang Fei said: "We just have to do it according to the worst situation, so that we can test this system."
Sima Guang glanced at Liu Shu suddenly.
Liu Shu understood, and immediately said: "This is not the worst situation."
Zhang Fei asked: "What did Liu Shilang say is the worst thing?"
Liu Shudao: "You are only implementing it unilaterally, and the government is like a dead thing, but this is not the case. If the government first embezzles military salaries for compensation and never owes more military salaries, this will cause even greater chaos."
"It's all the same."
Zhang Fei said with a smile: "As long as the evidence is solid, it must be enforced. If you owe more people, you will pay more money. But since the government is willing to pay money, it will not cause chaos!"
Liu Shu was stunned, "But the government can't afford it."
Zhang Fei said: "There is nothing difficult in this world. If there is a caring person, the government will still be able to afford compensation. This has not yet begun to sell land and houses."
Liu Shu was immediately dumbfounded.
But it seems that this is the case. The reason for the confusion must be that the government does not pay compensation, but if the government is willing to sell the land and houses to compensate, of course there will be no chaos.
Deng Wan couldn't help saying: "With your method of compensation, the entire government will pay for it."
Zhang Fei said: "According to the rule of law, what should we do in this situation?"
Deng Wan said, "I still want to ask you."
Zhang Fei said with a smile: "I have actually made similar rulings in many cases."
Fu Bi immediately responded, "Debt settlement and debt restructuring."
For the past three years, he has been studying Zhang Fei's judgment.
Zhang Fei nodded with a smile and said: "Fu Gong is right, when the compensation reaches this level, it is better to make up the compensation, that is, to enter the 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 government should do the same, that is, under the condition of ensuring the basic operation of the government, all the rest will be used to repay the debt.
Although the government's accounts are very complicated, the imperial court will also use accurate calculations. For example, a magistrate may usually have ten officials around him, but through calculations, five officials may be able to maintain the most basic operations, and they will be laid off. Five of them were officials.
For another example, when the envoys came to Hezhong Mansion, they used to have wine and meat, but now they can only control their fill.
For another example, he can only take the salary and not work for those posting officials, and laying them off will not affect the operation of the government, so they are all laid off.
Disarmament is the same principle, only keep what is needed, and cut off the rest. "
Before the words fell, there was an uproar underneath.