Of course, there is no legal basis for Hai Jui's "half of the land return".

If we let the high pragmatism of the law in his previous life be evaluated, Hai Rui's simple and crude handling method not only has no legal basis, but even contempt for the law. Because China has always practiced written law, not unwritten law like the British and American dynasties in later generations.

The so-called "unwritten law", to put it crudely, means to decide a case on the basis of certain legal principles and based on past precedents. In the case of statutory law, it is necessary to correspond the circumstances of the case to the existing legal provisions bit by bit.

For example, the "Da Ming Law" is a typical statutory legal provision.

The operation of "returning half of the land" cannot be found in any legal provisions of the Ming Dynasty, so Hai Rui's punishment itself is of course contrary to the spirit of the law.

However, if Gao pragmatic is also allowed to evaluate it, he has the other half of the conclusion: "half of the land retreat" does not violate the axiom in a broader sense.

In other words, the operation itself is illegal, but it does not violate the axiomatic concept in the broadest sense.

Fairness and justice are never the same thing.

For example, it may not be appropriate for the state to give welfare to the people of the whole country, and it is fair to pay 100 yuan per person.

But in fact, many rich people may not be interested in taking the measly 100 yuan, while many poor people feel that even if they take this 100 yuan, they are still poor to death, so they demand that the state take the money that should be distributed to the rich people and divide it. If the state does do this, it is called justice.

No matter how rich a rich person is, he can only have an ID card; No matter how poor the poor are, they must have an ID card. That's fair.

Wealthy people have to pay personal income tax because of their high income; Poor people do not pay personal income tax because of their low income. This is justice.

Equal treatment, no exceptions, fairness is also.

There is more than loss, and the deficiency is made up, and justice is also.

Hai Jui's brutal operation is obviously unfair, because as a representative of judicial power, he should be impartial and take matters into account, but he directly stands on the side of the disadvantaged, and the rich and poor under his rule will not win the lawsuit, even if they are rich and reasonable.

But Hai Jui has his own reasons, he said: rather than the poor, it is better to give in to the rich; Rather than be stupid, it is better to be stubborn. The matter is fighting for the industry, rather than succumbing to the small people, rather than succumbing to the village eunuchs, in order to save the evils. Things are arguing about appearance, rather than succumbing to the eunuchs, rather bending to the small people, in order to survive.

To put it simply, Hai Rui's thinking in judging this kind of case of competition between the rich and the poor is as follows: when it comes to property, the poor are basically sentenced to win, because the rich can afford to lose that money, and if the poor lose, he may starve to death or take risks; When it comes to face, the rich are basically judged to win, because you are so poor that you don't even know how many meals you can eat, what do you think about doing such a thing as face?

This is Hai Jui's principle, which theoretically ignores not only the law, but even the normal view of right and wrong. But the purpose of this principle is obvious: to maintain social harmony and stability.

It is precisely because Hai Rui has always adhered to this principle that the people in Jiangnan call him "the blue sky of the South China Sea", and countless people have painted a portrait of him and hung it at home to worship; It is precisely because Hai Jui adheres to such a principle that the officials and gentry all over the world hate Hai Jui to the core, and they don't want to see Hai Jui continue to be "arrogant" regardless of whether they are old or not with Xu Jie.

However, Feng Bao said just now that Old Xiangye Xu must be the first to come to him Zhang Juzheng, which Zhang Juzheng himself knows is wrong. In fact, the first person Xu Lao Xiangye looked for was Shoufu Li Chunfang.

Li Chunfang knew that Xu Jie had a life-saving grace for Hai Rui, so after learning the news that Hai Rui had operated on Xu Jie, she couldn't cry or laugh, and hurriedly sent someone to send a letter to Hai Rui, so that he could spare and spare people, not to mention his great benefactor.

Hai Rui was actually prepared for Xu Jie's hand. He has always been a serious person, so he also replied to Li Chunfang seriously, and said in the letter: Xu Ge has been in a lot of trouble recently. How did this trouble come about? doesn't blame others, only complains that his family's property is terrifying. Moreover, most of his family business came to encroach on the small people, so the people were very angry, and this was the trouble caused by the rich and unkind. The people of Songjiang are dangerous, if the Xu family retreats from the land less than half, no one can foresee what the consequences will be in the future. Therefore, I let the Xu family retire from the field, in fact, to protect them and protect Xu Ge to enjoy his old age in peace. Their family already has so much property, what's wrong with ruining the wealth and eliminating the disaster?

Now it's okay, Hai Rui didn't listen, and Li Chunfang had no choice but to stare at Hai Rui's statement. In fact, Li Chunfang, the first assistant, does not have power in his hands, but his personality makes him dare not use such power at will - if you want him to dismiss Hai Rui, if you can, then he really doesn't dare, for fear of being scolded to death.

But Xu Jie, after all, is Xu Jie, Li Chunfang can't cure Hai Rui, Xu Jie simply took out the stunt of the year "Hidden Knife in Mianli", kept silent in front of him, and asked others to govern Hai Rui in private.

Who can cure Hai Jui? There is only one kind of person, that is, the speech officer who is born to find fault.

On the 14th day of the first month of the fourth year of Longqing, less than a month after Gao Gong came to power, the criminal department gave the matter a sigh of relief, first affirming that Hai Rui was famous all over the world for his integrity and deserved to be a generation of direct ministers. But immediately the conversation changed and said that Hai Jui was too pedantic and unsophisticated. Therefore, Hai Jui can be used as a moral role model, but he is not suitable for important administrative positions. Therefore, he suggested that the imperial court should change Hai Rui's position, which could be higher, but not let him carry too heavy a burden.

Then, Dai Fengxiang was dismissed in the matter, accusing Hai Rui of selling his reputation and ignoring the laws of the country. and allowed Diao Min to complain, "fish and meat gentry", forcing the rich family to quit the land,

Section Chief Shu also heard that (no wind note: section chief is a common name given to a certain section, and it is true, of course, it is completely different from the modern section chief. There has been a folk song in the south of the Yangtze River that "it is better to plant fertile fields than to tell them to be thin", people's hearts are fluctuating, and the people are fleeing. In the long run, the foundations of the country will be shaken.

The firepower of this song is quite fierce, and it involves a major issue, that is, the financial endowment of Jiangnan. If Hai Jui is allowed to continue like this, the rich are liquidated, but the poor still can't pay the rent, then how can the country's land tax be guaranteed? Moreover, Hai Jui's rude approach put the country's system at ease?

Emperor Longqing first had to look at the cabinet's vote to deal with things, and Li Chunfang no longer dared to speak on this matter, so this matter was placed in front of Gao Gong. Zhang Ju is well aware of the high arch as a person, and he knows the biggest feature of the high arch employment: the ability requirements are extremely high, and the requirements for virtue are average. Therefore, when Zhang Juzheng saw so many impeachment recitals for Hai Rui presented this morning, Zhang Juzheng immediately guessed two things.