"It's also a crime of private fighting!"

Li Yang said: "Her husband committed a homicide because he fought with the gangsters who broke into the house and committed murder, so he committed a homicide, according to the laws of Daqin, hurting people's lives, and committing a capital crime!" So her husband was sentenced to death, and the queen of the autumn asked to behead. ”

"This ......"

Hearing this, Meng Yi was directly stupid, he never dreamed that there were so many loopholes in this law of private fighting.

And the officials of the criminal department in the hall also had nothing to say when they heard this case.

For this case, this kind of verdict ...... It was clearly unfair to him.

Li Yang said: "How is it, after listening to it, do you think it is very ridiculous and ridiculous?" Gangsters broke into the house and committed murder, and in order to protect their families, protect their property and safety, they fought with the gangsters, and actually broke the law. If this law is not revised and improved, then in the future, when the people of Daqin encounter gangsters, won't they only be able to watch the gangsters commit crimes and not be able to resist? This is simply a ridiculous joke! ”

was scolded by Li Yang like this, and everyone was trained to show shame.

In particular, people who used to think that the law was perfect are now feeling ...... It's a slap in the face.

Meng Yi immediately said: "Your Majesty is ashamed, the king of Zhenguo will allow us some time, and we will definitely revise and improve this law as soon as possible." ”

Li Yang nodded, and then suddenly asked, "A question for you?" However, when there is a trade-off between law and justice, should we respect the law first or respect justice first? ”

"This ......"

As soon as this question came out, everyone was stunned.

Because no matter how this question is answered, it is clearly problematic.

If you answer that the law comes first, then there is injustice on the side of justice, as in the case of the woman's husband who fought with a burglar.

But if the answer is that justice should come first, then where is the majesty of the Great Qin Law?

Could it be that for the sake of so-called justice, the laws of Great Qin will be invalid?

Therefore, for a while, everyone was silent, not knowing how to answer Li Yang's tricky question.

Seeing that everyone didn't answer, Li Yang smiled and said, "According to your inner thoughts, just answer truthfully, if you are an official who is trying the case, how should you deal with this kind of thing?" ”

Meng Yi replied: "Put the law first!" ”

When the officials saw that their superiors had answered like this, most of them naturally replied that the law came first. Of course, there are also one or two people who replied that justice should come first.

Li Yang nodded.

Meng Yi was curious: "I don't know how the monarch of Zhen Guojun will choose?" ”

Li Yang smiled: "No matter how you choose this matter, it is problematic." If you judge the crime according to the law, it is unfair to the righteous side, if you do not follow the law and only talk about justice, then you ignore the majesty of the law, and in the future, I will be the great Qin world, will I rule the country with justice and benevolence, or rule the country according to the law? ”

"This ......"

When everyone heard this answer, they were speechless, because Li Yang's words were tantamount to nonsense.

Who doesn't know how to choose, there are certain problems, but the problem is, if you are an official who is trying a case, you have to choose one to decide the case, right?

At this time, Meng Yi's heart was also a dog, so he had to ask: "Then if you are the king of Zhenguo, how should this question be solved?" ”

Li Yang glanced at Meng Yi and said, "Did Meng Shangshu find that the problem that Benjun just mentioned is the problem encountered in the implementation of the Great Qin Law in various places today. ”

Meng Yi nodded, he still agreed with this.

"Since there are problems with both law and justice first, this kind of case should be put on hold and submitted to the Criminal Department for decision."

Speaking of this, Li Yang Zhengse said: "If the case of the woman's husband in Shandong is reported to the Criminal Department from the local area, won't your Criminal Department be able to discover the flaws of this law?" Whether this controversial law should be amended or not should be amended is up to the Criminal Department to decide, and thus ultimately decide the verdict in the case, which is ...... Wouldn't that be the perfect solution to this problem? ”

After listening to Li Yang's reply, Meng Yi's eyes widened.

Because Li Yang's method is too subtle!

This can not only feed back controversial or defective laws to the criminal department, so that the criminal department can detect the defects and deficiencies as soon as possible, but also reduce the injustice and injustice cases encountered by the husband of the woman in Shandong. What's more, after such a procedure, even if the righteous party is finally found not guilty, then Daqin is still governing the country according to law, not according to benevolence, because the final criminal department acquits the righteous party, which is obviously a revised law, so it is equivalent to a new legal case.

Perfect, just perfect!

Thinking of this, Meng Yi's eyes lit up, and when he looked at Li Yang deeply, he said with admiration: "My lord's clever strategy, what really makes the lower officials admire is the five-body throwing to the ground, this wonderful strategy is simply a good medicine for my Great Qin Law System!" ”

The officials of the Criminal Department were also stunned by this clever strategy, and they all followed and applauded in unison: "The wonderful strategy of the Zhenguo Monarch, I can't sigh to myself, it is really breathtaking!" ”

Although they are sycophants, they really admire Li Yang's intelligence in their hearts, and no one can come up with an optimal answer to the same question, but Zhen Guojun can come up with such a wonderful strategy, which is really embarrassing to everyone.

Of course, if there is a time-traveler present, there will definitely be nothing to be praised, because in the future world, this is what is done.

In the first instance, the Intermediate People's Court appeals if it is not satisfied, and when some cases are too controversial, the Supreme People's Court directly interprets the law.

The so-called clever strategy that Li Yang talked about is nothing more than a judicial procedure that was common in later generations.

was admired by everyone for a while, and Li Yang couldn't continue to train everyone, so he said: "The purpose of formulating the law is to be able to govern the country according to law, the purpose of governing the country according to law, and the purpose of governing the country according to law, so that the society can have long-term peace and stability." However, the key to the long-term stability of society lies in fairness. When someone is treated unfairly and feels unfair, they feel wronged, angry, and even retaliated. If this kind of psychology and behavior is widespread, then how can there be long-term peace and stability? Therefore, when there is a dispute between law and justice, if the righteous party is wronged, it will inevitably attract the indignation of the whole society. If a law can arouse the common indignation and resentment of the people in the whole society, what is the use of a law formulated for the sake of the long-term peace and stability of the country? ”

When everyone heard Li Yang's explanation, they nodded their heads one after another, and they had a new understanding of the trade-off between law and justice.

Indeed, the purpose of the law is for the good order of society and for the long-term peace and stability of society. And if a law instead arouses the anger of the whole society, then it is obvious that this law violates the original intention of making the law.

Knowing all this, Meng Yi immediately said: "Zhen Guojun's words, every word is beautiful, and we have benefited a lot. ”

Seeing that Meng Yi and the officials of the Criminal Department had a new understanding, Li Yang stopped reprimanding, and pretended to be a good person again, and said: "Your Criminal Department is cultivating the law, and I also know that it is very difficult. In two years, he wrote more than 20 laws, and the laws were as comprehensive as never before. At the same time, it is impossible to have so many laws that they are infallible. Today, the reason why we do not tolerate mistakes is that we can understand the importance of the law through this matter. Even a small flaw or vulnerability can have serious consequences! ”

Everyone nodded.

At this time, Meng Yi cautiously asked: "The crime of private fighting, if it is interpreted differently according to the reason for the fight, I don't know what the king of Zhenguo wants?" ”

Li Yang said: "This is exactly what it means, but the law does not need to specify the reasons for several fights one by one, and only one law needs to be added to perfectly solve the disadvantages of private fighting." ”

"Oh?"

When everyone heard this, they were very curious, and hurriedly asked, "I still hope that the king of the town will give advice." ”

Li Yang smiled, stretched out four fingers, and said, "Just defense!" ”