Chapter 45 Legal Principles Are Nothing More Than Reasonable
As soon as he shouted loudly, not only Zhaoyun was stunned, but even Zhu Lijian was stunned.
The four famous posts were put down in Zhang Yi's hand together, he knew Wei Ran and Gan Mao, and it was impossible not to know Zhaoyun.
"......"
He suddenly realized that Zhang Yi's actions must have his intentions, otherwise it would be impossible to do such a mindless thing.
In fact, what they didn't know was that before Zhang Yi made his career in the Qin State, he was a guest under the command of Yin of the Chu State. Once Yin's jade bi was lost, there was humanity: "Zhang Yi is poor and has a despicable character", and he was framed for being stolen by Zhang Yi.
Zhang Yi naturally didn't admit it, was handcuffed and inexplicably received hundreds of whips, but he refused to admit it, and in the end it was just gone. But because of this, Zhang Yi fled to the Qin State and became a Xiangbang, and wrote to Ling Yin: "I used to drink with Jun and didn't steal, but I was whipped by Jun for no reason, now you have to pay attention, I'm coming to steal your city!" ”
And the name of this Chu State Ling Yin is called Zhaoyang. What's even more unexpected is that Zhaoyang's "yang" is actually his word, and his real name is Zhaoyun.
Seeing Zhaoyun's name, Zhang Yi immediately remembered the shame of the year. Even if he wasn't the Zhaoyun he was back then, he definitely had something to do with him! You must know that this Zhao clan is almost unique to the Chu State, if it weren't for Zhaoyang, how could there be this surname?
Zhaoyun knew about Zhang Yi's humiliation of stealing the wall, but he didn't know that the person who cleaned him up was Zhaoyang, so he didn't connect the two things at all, and he didn't know that Zhang Yi's anger stemmed from his surname.
He was in charge of Zhang Yi looking at himself, and hurriedly bowed his hand: "Back to Xiangbang's words, in Xia Zhaoyun, follow Zuo Shu Chang to see Xiangbang, and have a long-term Qin strategy to help Qin Jun!" ”
Zhu Lijian also said: "Xiangbang, this son has a plan to destroy Shu and strengthen Qin, you might as well let him listen to it!" ”
Zhang Yi was noncommittal, putting his hand in the cuff, quite arrogant. He was stunned for a moment, it was the first time he had seen Zhang Yi like this, for some reason.
"The strategy of strengthening Qin, let's not mention it for the time being!" Zhang Yi said arrogantly, "I have a question, you have thought about answering it!" ”
"Xiangbang, but it doesn't hurt to ask!"
Zhaoyun didn't know what he was doing, but he still gladly complied.
"If you have a delicate jade and disappear one day inexplicably, and one of your house slaves is of despicable character and is very poor, and everyone is stolen by him, what should you do?"
Zhang Yi completely put the question back in front of Zhao Yun back then, he had almost made up his mind, as long as Zhao Yun said "there is no doubt that he is this thief", or "bend him into a trick", he will immediately rush out!
If not for anything else, just for the breath of the year!
Zhaoyun felt that this story was familiar, but he didn't really remember it. He didn't think much about it anymore and thought about it seriously.
After a while, he said: "I think that a person's poverty and character are not necessarily related to theft. If it is only about poverty and conduct, how many thieves should there be in this world? This person must not be convicted of a criminal until there is conclusive evidence! ”
Zhang Yi was stunned, but he didn't expect his words to be far from what he thought; But he didn't say anything, and continued to listen.
"The loss of jade is not a big case, as long as you collect witnesses and investigate confessions, sooner or later it will be revealed. What's more, those who judge their sins on the basis of the character of others have problems with their own character, and their words can never be trusted! ”
This sentence reached Zhang Yi's heart, if someone had helped him like this, I am afraid that he would not have been able to do his current position!
"But if ......" Zhang Yi raised her voice again, "if this person really stole the jade, what should you do?" ”
Zhaoyun asked rhetorically: "Xiangbang, dare to ask if this jade is an important thing to me, or an ordinary plaything?" ”
"What if it's an important thing, and what if it's an ordinary plaything?"
Zhaoyun said slowly: "Back to Xiangbang, if it is an important thing, the house slave has been with the master's family for a long time, how can he not know?" Knowingly committing a crime should be punished by family law! If it's an ordinary plaything, to me it's just the wind of the cuffs, it comes and goes. Just click on the house slave, don't make a statement, the house slave will be loyal and swear allegiance! How is it bad to exchange a plaything for a person to be loyal forever? ”
"The so-called prison affairs are not more important than the big opening, the great opening is not more important than the first love, and the first love is not more important than the test. If others are innocently wronged because of their own negligence, how many people in this world will believe in justice? ”
Zhang Yi didn't say anything for a long time, it seems that he was wrong, this young man and Zhao ** are not all the way, no wonder they came to Qin State.
"It's a good 'prison affairs are more important than the big love, the big love is more important than the first love, and the first love is more important than the test'!" The eyes of the disease are shining, what this sentence shows is a "seeking truth from facts", which is just right to use at this time, "If it is a Qin official, this sentence should be a benchmark!" Zhaoyun, who is this saying? ”
Zhaoyun sweated wildly, but he could only say perfunctorily: "This is what the elders of my clan said, according to him who has traveled all over the world and been to the Song Kingdom, there is a Lingshi (coroner) named Song Ci. He demanded that the verdict of the case be based on evidence and not speculation, hence such remarks. ”
"It's hard to say this unless you're a conscientious official!" Zhu Li said with emotion.
Zhang Yi also nodded in agreement, and this word called Song Ci is also very consistent with the current Qin law; If there is no conclusive evidence to prove who the prisoner is, the case must not be closed casually.
Of course, there are also cases of torture to extract confessions, but everyone does not say anything.
Zhaoyun's words are different from Zhaoyang, extraordinary, and he never thought that he was out of shape first......
However, the test was not over yet, Zhang Yi's face softened slightly, and said: "This move is very unreasonable, those who steal people's property in the Qin Law have their own punishments, how can you let the thieves go at will because of your temporary preferences?" If this man escapes and steals, are you not guilty of harboring? ”
"Legal reasoning is nothing more than reasonable!" Zhao Yun said sonorously, "With all due respect, Qin Law is fair and strict, which is the norm of the Qin people, but it is precisely because he is too rigid that some things will not be handled well." ”
"Just like this matter, if the slave who stole was in order to save the sick old mother in the family and did not join the master's ward, and the master forgave him after understanding the truth, then how should Xiangbang, as a public official, deal with it? Is it to fine him according to the Qin law, and then cut off his fingers? If this is the case, wouldn't it make all the Qin people unfilial? ”
"This ......"
Zhang Yi was speechless, because according to his logic, everything is based on the Qin Law, so this filial son will indeed be unable to escape punishment.
I didn't expect my clever tongue to meet an opponent!
"Xiangbang, it's still the same sentence, it's nothing more than reasonableness outside the law! The existence of the law is not only to restrain power and restrain the people, but also because it is full of human affection and will not let people suffer injustice. ”
The so-called law cannot be fully mature, and there will eventually be places where it cannot be addressed. The Qin law at the time of the Shang Dynasty and the Qin law at the time of the First Emperor experienced a hundred years of setbacks and gradually matured, but after all, it was a rigid machine. The same is true for millennia.
The law is in the service of people, so that good people are not bullied, and bad people cannot escape punishment. However, in this distant pre-Qin period, although the Qin law was almost perfect, its meaning of existence was not to serve the people, but to make the ruler better fool the people!
Zhaoyun's concept that is beyond the times is naturally difficult for everyone to accept.
Sure enough, Zhang Yi knew that he was at a loss, but he didn't want to admit the fact that Qin Law was incomplete, so he chuckled lightly and said: "The second and third sons handled it very decently, I heard that you have a strategy to break Shu and strengthen Qin, you might as well come and listen!" ”
Zhang Yi changed the topic to show that he was soft, but he didn't give Zhaoyun a chance to use the topic to play, but hurriedly changed the topic.
The three of them are so shrewd, secretly snickering, I didn't expect that Lord Xiangbang, who is good at tongue argumentation, will also have a day when he is poor in words!
Although they were a little curious about Zhaoyun's theory, the so-called "legal principles are nothing more than reasonable" were not taken seriously by them at all, because the legal principles in their eyes were still a sentence in the emperor's mouth after all!
The so-called legal restraint of royal power is complete, even in the Qin Dynasty, where Legalism prevailed, the emperor's words were not bloodshed? In feudal society, royal power is the real criterion, and the law is the thing that restricts the common people!
Zhaoyun sighed lightly, but he didn't expect his words to set off any reform of Qin Law at first; What's more, in all dynasties, the Qin Law has been the template for almost all laws, and it is impossible to change substantially because of individual cases.
That's it.
"In that case, then please listen to Xiangbang!"