met free Chapter 364 People and Punishments
Chapter 364 People and Punishments
Chapter 364 People and Punishments
With in-depth discussion, everyone agrees more and more with what Fu Bi said, that the law of the legal system does contain a brand new idea.
What is thought is to be able to explain the relationship of all things.
As far as taxation is concerned, the Legalists rely on power, and use rewards and punishments from the king to urge the people to seek benefits and avoid harm; Confucianism adds benevolence and justice to power, and educates the people with the rule of virtue, while the rule of law adds more personal rights and interests.
The former two are from the perspective of the monarch and the country, but the latter is more to highlight the individual.
In comparison, the law of the rule of law is obviously more complicated.
Because maintaining only one group is much easier than maintaining two groups. The key is that these two groups are inextricably linked.
Everyone understands it, but they are even more confused.
Cai Bian asked: "Teacher, you said that the regulations of "Song Xingtong" belonged to the laws of the legalists, so that the people feared them. If the laws are based on laws, how should the regulations be revised?"
Everyone also looked at Zhang Fei in confusion.
Yes.
You make a lot of sense.
But what about feasibility?
Since ancient times, all laws and regulations have been to maintain the rule of the monarch. To highlight personal interests, the laws and regulations must be revised. This is unprecedented.
Fu Bi had thought of this contradiction before. Literally speaking, Song Xingtong used punishment to rule, which must be contradictory to the law of the rule of law.
How to change this?
"I do not know either."
Zhang Fei spread his hands, but then he said: "I might as well try to introduce the legal system and see what happens."
He came to the wooden board and wrote the words "Song Xingtong" on the front of the wooden board, "We have just debated, what interests is Song Xingtong protecting?"
Everyone answered in unison: "The country and the monarch."
Zhang Fei asked again: "What about the law of the rule of law?"
"Personal legitimate rights and interests." Everyone got up and replied again.
This kind of highly participatory teaching fascinates some students. In Zhang Fei's class, the teacher never speaks, the students listen, and the teacher and students explore together.
It is full of participation.
Zhang Fei also wrote "the law of the legal system" and "legitimate rights and interests of individuals" on the side, and compared his skills: "Does the law of the legal system safeguard the interests of the country and the monarch?"
".!"
The students fell silent suddenly.
"Hey Hey hey!"
Zhang Fei hurriedly said: "Your silence is hurting me! If Wei doesn't defend it, answer quickly."
"Maintenance."
"Of course it is maintained!"
Zhang Fei said eagerly: "Is there any need to think about it? To protect the interests of the people of Song Dynasty, isn't it to protect the interests of the country and the monarch? The two are in a subordinate relationship. What are you thinking?"
The students looked embarrassed and sorry.
After a debate just now, the law of the rule of law has become a pure means of safeguarding personal interests in their minds.
But their silence is really terrible!
The officials are right behind!
Zhang Fei asked again: "Under the rule of law, do the interests of the country and the monarch come first, or do personal interests come first?"
"A personal interest."
"It's over!"
Zhang Fei rubbed his forehead, "Are you listening to the lecture? The law of the rule of law comes from a consensus to defend the legitimate rights and interests of individuals. Simply put, it is to defend the legitimate rights and interests of individuals on the basis of consensus.
If there is no consensus, only personal rights and interests, then you can smash, loot and burn, as long as you are happy, as long as you want.This is often the case when countries perish. "
This sentence has been played back and forth hundreds of times, and the students seem to have not understood it thoroughly, so none of them answered correctly.
It sounds simple, but in practice, it becomes extremely profound.
Zhang Fei said again: "If the personal legitimate rights and interests of this sentence are erased, what is it?"
"The Law of the Legalists."
"Yup!"
Zhang Fei said: "But the legalist law can still make the Qin State unify the six countries. If you erase the consensus, the monarch and the country are gone. Who do you say should come first? Of course, the monarch and the country's interests come first." .You people!"
He shook his head helplessly, and said again: "After confirming this point, let's take a look, based on the law of the rule of law, how should these regulations be amended?
Let's take the law of robbery as an example. A thief sneaked into your house and stole consistent money. Is this a violation of the monarchy's national interests, or personal interests? "
Ye Zuqia said: "This should be a violation of personal interests."
Zhang Fei said: "That means it has nothing to do with the interests of the country and the monarch?"
Ye Zuqia said again: "It also violated the interests of the country and the monarch."
"Be decisive, don't you need to think about it, this must have violated the interests of the country and the monarch."
Zhang Fei said: "If it has nothing to do with the interests of the country and the monarch, that is to say, as long as the thief goes to your house just to look around, finds that there is nothing he wants and leaves, neither takes your money nor hurts you, it is not illegal ?
Burglary will not only pose a threat to your property, but may also pose a threat to your life. Whether he stole it or not, if he doesn't, the country may be over.
But at the same time, does it infringe on personal rights? "
Everyone nodded.
Zhang Fei said: "That is to say, both are taken into account. This thief has violated the interests of the country's monarch and personal rights. According to the law of the rule of law, how should the punishment be determined?"
Cai Bian said: "We must not only bear the punishment, but also compensate for personal losses."
"Accordingly, it should be so." Zhang Fei nodded, and said: "Let's go back to the classic case of the Han Dynasty. The landlord wanted to use a cow as compensation, but what did people think about it at that time?"
Shangguan Jun replied: "People think that trampling crops is already a felony, and they already have to accept punishment, so he should not be asked to pay compensation."
"Is there any reason?" Zhang Fei asked.
All the officials were silent.
"Of course it makes sense. If trampling the crops is a capital crime, you would have killed me and asked me to pay for it. This is indeed too much."
Zhang Fei said: "If you have read similar cases, you will find that although there have been no compensation regulations since ancient times, there is a very important thought, do you know?"
Everyone looked at each other.
Zhang Fei shook his head and said: "Look, you are all reading dead books. If you don't write it in the books, you don't know."
Have it?Zhao Xu recalled it for a while, but he didn't have any clue, so he looked around, "Does everyone know?"
Xu Zun replied: "It's about paying but not punishing, and punishing but not paying."
"That's right, it's compensation without punishment, and punishment without compensation."
Zhang Fei nodded, and said: "You go back and take a closer look. In many cases, if you pay compensation, you don't need to be punished. If you punish, you don't need to pay compensation. But based on the legal system, since the interests of the country's monarch must be taken into account, To be punished, but at the same time to take into account personal interests, to pay for personal losses. Is this excessive?"
Everyone nodded.
Zhang Fei asked again: "What should I do?"
Shangguan Jun said: "Yes, the punishment can be mitigated."
Zhang Fei asked with a smile: "Why not reduce the compensation? We just made it very clear that the interests of the monarchy should be put first."
"Uh."
Shangguan was immediately dumbfounded.
The other students were also very confused.
It seems that the compensation cannot be reduced.
Zhang Fei said: "If there is only punishment, but no compensation, what is it just for maintenance?"
"Interest of the State and the Sovereign."
"What if there is only compensation but no penalty?"
"Personal interest."
"what?"
Zhang Fei asked with a smile: "The state asked him to compensate the victims for the losses. Doesn't this include national interests?"
"Package contains."
"Of course it is included!"
Zhang Fei said: "The state makes up for the losses of the victims. Of course, it is also safeguarding the national interests. Therefore, the reduction must be the punishment, not the compensation. Because the reduction of compensation will result in the loss of personal interests. National interests include personal interests, and national interests will also The loss is obtained. While some punishments are reduced, the national interest is not lost, and there may be some increase, because of the gratitude and recognition of the victims.
Then the problem comes again. If the thief enters the house and finds that the owner is more pitiful than himself, so he gives up, but is caught again when he goes out. As far as this case is concerned, he did not steal anything, and the owner has no loss. Compensation There is no way to talk about it, and you will only face punishment. Based on what we said before, should this punishment be increased? "
Everyone shook their heads unanimously.
Zhang Fei asked with a smile, "Why?"
Shangguan Jun said: "Because it doesn't make sense logically, he didn't steal anything, and he didn't hurt others."
Zhang Fei nodded and said: "The law of the legal system emphasizes legitimate rights and interests, what is legitimate is fairness and justice, and this principle cannot be violated.
Let’s go back to the case of the Han Dynasty. Trampling crops is a felony. Food is the most important thing for the people, so protecting crops is safeguarding national interests. In this case, the farmer’s cattle trampled crops unintentionally. Is there any harm to the country and the country? The interests of the monarch? "
Cai Bian said: "It depends on how the laws and regulations are stipulated?"
Zhang Fei asked: "How do you say it should be regulated?"
Cai Bian said: "It depends on whether he did it intentionally or not. If he did it unintentionally, he should be sentenced lightly."
Zhang Fei suddenly flipped through the small book, "The Qin Dynasty stipulated that if you steal mulberry leaves from others, you won't earn a penny, so it can be said? It's worth thirty days. That is to say, if you steal mulberry leaves from others, even if it's not worth a penny." , also have to serve a month of corvee.
If someone deliberately picked a mulberry leaf and sentenced him to a month of corvee labor, this is certainly correct in the legalist law, but is it right in the legalist law? "
Everyone shook their heads in unison.
Zhang Fei asked: "Why?"
But no one came up to answer.
Zhang Fei said: "When you don't have a clue, think about the idea of the law of the system."
Everyone thought about it, but still had no idea.
Fu Bi suddenly replied, "Personal rights."
Zhang Fei asked, "What do you think Fu Gong said?"
Fu Bi smiled at first, and then replied: "Stealers also have their legitimate rights and interests."
"I also think so."
Zhang Fei nodded, "Defending the legitimate rights and interests of individuals does not clearly distinguish whether the person is the perpetrator or the victim, that is to say, the two sides of the rule of law are equal, and the perpetrator also has personal rights.
I didn't break into the house, I just picked a leaf from the tree. Although I did it on purpose, will this cause much harm to the country?But the country wants to sentence me to one month of corvée. Does this count as the country violating my legitimate rights and interests?
If it were me, I would definitely think, you are just looking for a reason to let me work for the country for free.If the penalties are set in this way, there will inevitably be tyranny. Master Wang does not need to reform the draft law at all. He only needs to narrow Bianhe Street a little, put a few acres of land on the side, and arrest people for military service every day. It's free and legal. "
Sima Guang and Lu Gong wrote that they nodded frequently, and a feeling of sudden enlightenment emerged spontaneously.
Their thinking is still the traditional ruling thinking, whether it is heavy punishment or light punishment, it is actually aimed at ruling.
I never thought about deriving from personal interests.
But the law of the rule of law gives an answer. Heavy codes will definitely lead to tyranny, and they will be directly stabbed to the end.
Zhang Fei said again: "Water can carry a boat, but it can also overturn it; those who gain the way will be helped more than those who have lost the way. This fully shows that the interests of the monarchy and personal interests are closely related.
We have said before that the legalist method is the simplest method, while the legal method is relatively difficult.Because you first have to distinguish between personal interests and the interests of the monarchy of the country. At the same time, in many overlapping parts, such as stealing a mulberry leaf, it is also theft. Which side is it drawn on?You have to think clearly whether it is national interest, personal interest, or both. "
(End of this chapter)