Chapter 134: Meng Zhong and Zhao Wanghe (2)
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Li Kui, this person was born in Wei and was the minister of Wei during the period of Wei Wenhou.
During his tenure, Li Kui, with the full support of Wei Wenhou, compiled the "Book of Laws" by collecting the laws and regulations of various countries, which was praised by the world as the most comprehensive legal code in recent decades.
The Book of Law is divided into six parts: "Thief", "Thief", "Net", "Catch", "Miscellaneous", and "Gu".
In contemporary times, stealing other people's property is "theft", and causing trouble is "thief", so the "Theft Law" is the law to protect personal finances from infringement; The "Thief Law" is a law that maintains the stability of the regime and the safety of human life.
In addition, the "Internet Law" is a law about trial and prison breaking; The Arrest Act is the law governing the pursuit of criminals; The Miscellaneous Laws are laws that punish cunning, transgression, gambling, embezzlement, fornication, etc.; The "Statutory Law" is a law that stipulates the general rules and principles of conviction and sentencing β equivalent to the general principles of the criminal law.
This law scripture is the basis and basis for Li Kui's implementation of the "Li Kui Law".
The "Li Kui Law", that is, the decree implemented by Li Kui during his tenure as Wei Xiang, to some extent, also kept pace with the times.
First of all, like the most fundamental purpose of all laws and regulations, it is to "settle the division and end the dispute".
In this regard, Mr. Qi Guojixia, who was born in Handan, Zhao Guo, was "cautious", and once made a simple analogy: a rabbit goes, and a hundred people chase it. Accumulate rabbits in the city, and ignore them. If you don't want a rabbit, you can't fight for it.
This means that when a rabbit runs away, many people chase after it, but they don't look at the many rabbits sold in the market. It's not that you don't want rabbits, it's because the ownership of those rabbits has been determined and you can't fight for it anymore, otherwise it's against the law and will be sanctioned.
This is the legal order.
Second, the "Li Kui Law" clearly stated that it was against the etiquette system.
The "ritual system" mentioned here, that is, the "ritual system" that Confucianism strives to maintain, its essence is "hereditary Shilu", to put it bluntly, it refers to the hereditary power of the aristocratic class to monopolize economic and political interests - the Confucian sage Confucius, although he once broke the situation of the aristocracy's monopoly on knowledge, but Confucius himself advocated the maintenance of the ritual system and the maintenance of the hereditary power of the aristocracy, which was deeply criticized by the Legalists.
Therefore, many Legalist disciples feel that Confucius did not "break" the pattern of aristocratic monopoly of knowledge, but "stole" the "knowledge monopoly" that originally belonged to the aristocratic power, and thus became a member of the aristocracy, so that he became an accomplice of the "aristocratic hereditary" and could not be used as a pioneer in breaking the "aristocratic hereditary" at all.
The pioneer who really broke the "hereditary aristocracy" should be Legalism, because Legalism is the pattern that completely breaks the monopoly of the aristocracy. [PS: Note that it is the monopoly of the aristocracy, not the monarchy, otherwise it will become Mohist thought. Legalism also advocates the maintenance of the king's rule. γ
If the essence of the "etiquette system" is "hereditary inheritance", then what is the essence of the "legal system"?
The essence of the legal system is to establish a new and stable order through the human nature of "good and evil."
"Good interests and evil harms", this is the point of view put forward by the famous minister of Qi State, "Guan Zhong".
Guan Zhong once said that a businessman travels day and night, and he doesn't feel far away from traveling thousands of miles, because there are interests in front of him to attract him; Fishermen are not afraid of danger, sail against the current, and do not care about the distance of hundreds of miles, but also pursue the interests of fishing.
On this basis, Shang Jun Wei Yan also put forward his point of view: there are likes and dislikes in life, so the people can be governed.
This is the most important basis for the formation of the idea of the legal system, that is, through the formulation of relevant criminal laws, let the people themselves "pursue advantages and avoid disadvantages", avoid crimes, and everyone abide by the law, so as to establish a new and stable national order -- it has a certain coercive meaning, but the purpose of the birth of the law is not to punish the people, but to restrain the behavior of the people and establish a stable new order.
Once a new order is established, everything can be "according to the law" - so in order to make the world abide by the law, the Legalist decree advocates fairness and justice, and no one is allowed to challenge the authority of the law, because once the law loses its authority, the new order created by the rule of law will completely collapse.
Opposing the ritual system, advocating the legal system, not following the past, not following the present, and advancing with the times are the fundamentals of Legalist thought, and it is also one of the fundamentals advocated by the "Li Kui Law".
On this basis, the "Li Kui Law" also established the basic criteria of "food is meritorious for hard work" and "rewards must be carried out and punishments must be due".
As the name suggests, that is, "so that those who have worked hard can get food, so that those who have made meritorious contributions can get money and rewards", this item is the place where the "Li Kui Law" has the greatest impact on the hereditary system of the aristocracy, and it is also the most fundamental reason why the Wei State can quickly become strong in the early days after the division of the three families, attracting talents from all over the world to flock to the Wei State - to seize the prostitution of the people, and the people from all over the world.
In addition, the "Li Kui Law" also advocated "emphasizing agriculture and suppressing business" and put forward the policy of "making the best use of the land" and "being good at leveling".
To make the best use of the land, that is, to encourage farmers to cultivate intensively and increase yields.
The state controls the purchase, sale and price of grain: the government buys surplus grain from farmers at a parity price in good years to prevent merchants from hurting farmers by lowering prices; In disaster years, grain reserves will be sold at a fair price, so as to prevent businessmen from raising prices and hurting the people, and put an end to the phenomenon of "cheap grain hurting peasants and expensive grain hurting the people."
All in all, the "Li Kui Law", that is, the Wei decree implemented during Li Kui's reign, was indeed comprehensive and perfect at that time, and even now, it is not lagging behind.
It took about half an hour for Zhao Wanghe to finish telling his experience of "Li Kuifa".
In fact, this hour-and-a-half-long narration can be summed up in only a few words: Li Kuifa, good!
Of course, Zhao Wanghe also explained what is good about "Li Kuifa", at least Meng Zhong agreed after listening to it.
Following the "Li Kui Law", Zhao Wang He told Meng Zhong about his experience of the "Shang Jun Law".
The Shang Jun Law, that is, the decree implemented by Shang Jun Wei Ying when he was the minister of state in the Qin State, is largely borrowed from Li Kui's compilation of the Book of Laws, but there is a big difference between the Shang Jun Law and the Li Kui Law.
This distinction is known as the "military merit system".
Speaking of which, in fact, there is a similar decree in the "Li Kui Law", that is, "meritorious service and fear of violence", that is, encouraging the people to make military exploits and make the lawbreakers feel afraid.
However, the encouragement of military merit in the "Li Kui Law" only gives corresponding money, goods, and land rewards to meritorious people, while the military merit system in the "Shang Jun Law" is to link military merit with celebrityβthis is the prototype of the "famous field system". [ps: The prototype of the Mingtian system is the military merit system, and the Mingtian system of the Han Dynasty is the Mingtian system that was used in the Qin Dynasty. But for the harsh Qin law, the Han Dynasty's laws were much more lenient, probably because Liu Bang was from a humble background and knew the people's suffering. γ
In addition to the "military merit system", the Shang Jun Law has strengthened the "joint sitting".
In fact, this punishment appeared as early as the Xia and Zhou dynasties, but Shang Ying was the first person to specifically legislate for "joint sitting", which is also one of the reasons why Qin's policy was called "tyranny", because it was too harsh and brutal.
And the initiator of the Shang Jun Wei Ying, he finally died on this rule - after King Qin Hui ascended the throne, the Shang Jun Wei Ying, who offended the monarch, fled from the Qin State, but no Qin people dared to take Wei Ying in along the way, because these people were afraid of being punished by Lian Sitting, so that Wei Ying was finally captured by the Qin army.
What's even worse is that not only was Wei Ying's own body dismembered in public in Xianyang, the capital of Qin, after his death, but even his family members were all killed because of the sitting method.
After chatting for about two hours, Meng Zhong saw that the time was almost up, so he asked King Zhao Hedao: "Your Majesty, do you think that my Zhao Kingdom is strong, what should I do now?" β
Zhao Wanghe replied: "Join forces to resist Qin." β
It is undeniable that this is indeed the correct proposition, after all, the State of Qi has now been defeated by the State of Zhao, and the enemy of the State of Zhao is only the State of Qin, as long as the State of Qin is defeated, the State of Zhao will be able to dominate the Central Plains.
So Meng Zhong asked again: "Your Majesty, in your opinion, if Zhao Guo fights with Qin State, what are the chances of victory?" β
Hearing this, Zhao Wanghe fell into deep thought, and only after half a sound did he say, "Probably...... Thirty percent, right? β
Meng Zhong glanced at Zhao Wanghe with some surprise, and said curiously: "What are the odds of winning the two percent?" β
"Qin's "Military Merit System"." Zhao Wang He Zhengse said.
Meng Zhong nodded, he believed that in terms of removing diplomatic relations, just comparing the strength and weakness of Qin and Zhao itself, Qin's military merit system was indeed unmatched by Zhao.
The military merit system of heavy rewards and heavy punishments made the soldiers of the Qin State fearless of death, so that the Wei State, which followed Li Kui's law, was all out of breath by the Qin State, let alone the Zhao State?
You must know that the Wei State after Li Kui's reform and the Qin State after the Shang Dynasty Reform Law have got rid of the hidden dangers brought about by the "hereditary Shilu of Shiqing", so that the country can concentrate a large amount of land and money for the army.
But even so, it was still difficult for the Wei army to defeat the Qin army, on the one hand, there was a relationship between the generals, and on the other hand, it was the orientation of the relevant system - the system of Wei military soldiers was only aimed at a part of the Wei soldiers, that is, the elite army; However, the military merit system of the Qin State is for all the soldiers of the Qin State, even civilians and slaves.
One Qin person can't beat Wei Wushu, so what about ten?
Under the military merit system, the Qin State has a steady stream of soldiers, and all the Qin soldiers are basically about the same level of warrior spirit and bravery, but the Wei Wushu of the Wei State cannot represent all the armies of the Wei State.
As a result, although Wei Wushu's individual ability was superior to Qin's, on the whole, he was unable to completely defeat the Qin army.
Unless Wei builds all its troops into Wei warriors - but this cost is believed to be something that Wei cannot afford.
Since even Wei was difficult to compete with Qin, there was no need to say much about Zhao's system.
Following the reform of Wei Xiang Li Kui, Qi Xiang Zou Ji, Han Xiang Shen Buxian, Chu Xiang Wu Qi and others have implemented reforms in their own countries, deposing the ritual system, determining the legal system, abolishing the "Shiqing hereditary Shilu", advocating "food and hard work and meritorious service", but Zhao Guo has not implemented relevant reforms in this regard so far - although Zhao's father implemented the Hufu cavalry and archery reform, but this innovation did not involve the fundamental problem of "Shiqing hereditary Shilu".
ββ¦β¦ The minister felt that the legal system lagged behind the current world, which may be the biggest reason why Zhao was not defeated by Qin. β
Meng Zhong deliberately steered the topic.
"Qing means ...... Reform? β
Zhao Wanghe was stunned, and then a complicated look appeared on his face, and then he took a deep look at Meng Zhong.
That gaze made Meng Zhong faintly have an illusion.
It was as if the other side was not a pampered boy who was only sixteen years old.