Hai Jui would not have known that the six principles of differential protection proposed by him would become a discipline in the history of China's legal system. And it was silenced in the original era of "a yellow-skinned and white-skinned historian, used to prove the traditional "China" country, with a literati familiar with poetry and books to govern the peasantry", the interpretation and implementation of the law are based on Confucian ethics, the lack of numerical management tradition, so the "China" country did not embark on the road of capitalism.

Since then, this has become a conclusive conclusion of the legal scholars on the traditional judicial system of China; Some economists and scholars of other disciplines have also repeatedly quoted this passage as evidence that Chinese society does not pay attention to protecting private property rights and "governs the country with morality."

The conclusion summarized from history itself is naturally not wrong, but it is wrong to prove it with Hai Jui's theorem, because abstraction cannot be separated from its context, let alone forget the author's qualification. And that Professor Huang and many other people who induced Huang were making the mistake of taking words out of context by ignoring the other two crucial passages that Hai Jui wrote at the same time.

The first paragraph omitted by Professor Huang is: "In the past, the government mostly said that it was a lawsuit and a question of four or six points, and then it was a lawsuit. If the plaintiff is given six points, the defendant must be given four points. If the defendant is given six points, the plaintiff will be given four points. So that the two are not far apart, so as to avoid anger and re-litigation. However, although this is stopped for a while, the actual litigation is later. Because the person who is a lawyer who is a lawyer gets half straight, "he gets half of the sin of being falsely accused, and his heart is happy." The subordinates knew the Master's intentions, and the lawsuits were prosperous. Is it fearful of litigation and ambiguous? A gentleman is straight and straight in the world, and he has his own righteousness. Fourth-six said, the way of the hometown is "to start a lawsuit, it is not feasible." It means that for all cases, no matter how big or small, "must be dealt with according to law on the basis of right and wrong" and "resolutely opposed" and "diluted", and "peacefully old," and "peaceful." Because Hai Jui's genius realized that only a fair judiciary can really be efficient and consistently adjudicate fairly in accordance with the law, it will reduce the so-called lawsuits of the people, that is, opportunistic lawsuits, and thus reduce social lawsuits, which is "Hai Jui's theorem one."

The second paragraph, which was ignored by Professor Huang, said: "Two things are available, five are heard, and the prison situation is not difficult to understand." However, the people are hypocritical, thick and affectionate, and their changes are six or seven out of ten, "two can be difficult to decide, and ten and two or three also." The difficulty of two or three cannot be rounded up, what will be the case? , which means that both parties appear in court to make arguments; And carried out, "five hearings and three scrapings" that is, after meeting the prescribed trial procedures, sixty or seventy percent of the cases can be clarified and adjudicated according to law. However, due to the fact that the parties will not be honest in their confessions, some hidden secrets hidden under the surface cannot be discovered, and there will be two to three percent of the cases, and the evidence and arguments of both sides are difficult to distinguish. How can we judge them when it is not possible to examine them one by one? That's where the six, differential protection, comes in.

If we ignore the limitation of this second paragraph, "Hai Jui's differential protection is what Professor Huang described", but this passage clearly exists, Hai Jui said very clearly, the so-called, differential protection", only in the case of adhering to theorem 1, in dealing with those cases where "two can be difficult to decide, it will be used, but some people prefer to take the meaning out of context, and really don't know what their intentions are?"

Now if we look at the six principles of differential protection, we will understand Hai Jui's judicial spirit: from the perspective of social fairness, in the case of economic assets, try to protect the interests of the economically disadvantaged party, that is, the poor and the small people.

From the perspective of maintaining social order, Hai Rui admitted that the eunuchs and the people had the difference between the noble and the low, and in the judgment that "arguing for appearance" is related to reputation and prestige, the superior should be protected to maintain the feudal order of dignity and inferiority. Of course, if the eunuchs are good at making a fortune and binding the small people, they can't exist on the body.

This principle of protecting the weak in economic assets and the principle of protecting the advantages in social and cultural terms is the second theorem of Hai Jui.

One, one"! "One" one, one

Hai Jui would not have known that a set of judicial operation theories that he had summed up from practice would be summarized as theorems by future generations. But this does not affect his skillful application of this set of theories, in fact, Hai Rui went south to Su Song this time, counting on this, two, to break the situation!

The so-called "imperial power does not fall below the county" and relies on the gentry to govern the villages and towns" This is the ruling strategy of the "China" country that has followed for thousands of years, so for the peasants, their parents and officials "are actually separated by a layer, and those squires can directly obey the order."

And the power of the eunuchs here in Susong is particularly strong, and they use their powerful political privileges to "add a thick protective coat to their rule over the vast countryside, and any decree that is unfavorable to them will be met with their crazy counterattack." After many years of local government, Hai Jui knew too well their routine, first initiating rebellion against the people, obstructing and sabotaging the implementation of government decrees, and then using political resources to put pressure on the administrators from above. Of course, like Hai Rui's level, you have to rely on the imperial history of the two capitals, what to say, the new law caused civil unrest,、, the small people were miserable, the people's livelihood withered, and they fled one after another, and the clouds forced the imperial court to suspend the implementation of the new law, and then it was over.

This routine has been used for thousands of years, but it still works, because the emperor and ministers in the capital "are most worried about the riots of the people, and as long as they believe in the chaos for a lifetime, no matter how good the policy is, they will not dare to implement it." The squires seized on this weakness and made great use of it. For the Su Song area, which is more than a scholar, it is naturally more powerful to use this method, and it is by no means comparable to leisure, once the trouble starts, "they must be desperate" Even if it is the cabinet, it is impossible to protect him as a pawn.

Hai Rui knew very well that "if he rashly and publicly proposed" Qingzhang Tianmu ", he would definitely be surrounded by the people who were instigated, and eighty percent of them would be rescued, so he would have to force himself to stay without face anymore. After some deliberation, he decided not to announce the order of clearing the fields and acres, but to use the judicial detour to stand everywhere, reason, and word, and not give the squires a chance to go crazy.

Because cleaning up old cases is a necessary task for new officials to take office, and for the governor, in addition to sitting in the government to receive complaints, he also has to inspect various prefectures and accept lawsuits, and no one can say anything. And his strategy to break the situation is contained in this justified trial, as a judge of the case, I naturally want to judge fairly. I judge justice and "not favor anyone with status, which will naturally make the people who are colluded with the gentry and gentry, and the heartbroken people restore their confidence in the government and re-file the injustice they have suffered to the government." I judge fairly, and those small people's land and property that were cleverly seized by the township eunuchs can naturally be re-sentenced back to the hands of the small people. At this time, the government came forward again to measure the relevant land and re-register it.

The act is still the same act, but after going around in a circle, I will get one, in the name of enforcing the verdict, so in the eyes of the people, "its main messenger has become a common person with the same identity as himself, not the government." As a result, the squires can no longer incite the people to stand on the opposite side of the government as before, and take the initiative to surrender in order to avoid taxes.

However, due to the historical, special and complex nature of land disputes. There are always two to three percent of cases where "because of the age, the absence of archives, or the oral contract, or the oral modification of the written contract, etc., so that neither the original defendant can provide convincing preponderance of evidence to prove that the original definition of property rights has therefore become" two cases.

For the judge, ambidextrous means that in the absence of further evidence, the rights and interests of both parties deserve equal protection, and it is not wrong to allocate the disputed property to anyone. At this time, "the vast majority of officials, because of their feelings, interests, or considerations, the difference between the high and the low among the eunuchs and the people, tilted the judgment in favor of the stronger side." However, Hai Jui opposes this, because the strong side of society often uses various resources to encroach on the interests of the weaker party, and it is difficult for the weak party to encroach on the economic interests of the stronger party, so in such cases, we should try to favor the weaker side.

When Wang Xijue cautiously proposed, "This may make some squires feel wronged."

But I saw Hai Rui wave his hand and said, "Compared to the grievances suffered by the small people, that is not worth mentioning!" ”

Wang Xijue couldn't help but smile bitterly, the emotional sea lord still took revenge on the people......

One, one, one, one

With Hai Jui's standard of adjudication, "all cases can be concluded on the same day." In a month, the two of them actually received nearly 10,000 cases before and after...... Except for those serious criminal cases, the sentences are basically over. And the result is not surprising, the vast majority of small people won the lawsuit.

So the people all clapped their hands and shouted "Hai Qingtian", and naturally they were happy. But if someone is happy, someone will inevitably be unhappy, and the rich squires are greatly unhappy, and they are invincible when they encounter lawsuits with the people in the past, so they can gradually embezzle and merge, and have today's family business. But why did this Hai Daren sentence us to return the land and give the money without asking whether it was reasonable or unreasonable?

With the passage of time, more and more rich township officials have been impacted, if someone else was the governor, they would have made a fuss, but the other party is the iron-hearted and iron-faced King of Haiyan, who dares to appeal to him? And Hai Rui didn't care much about them, but the verdict was unfair...... But in the eyes of the people, it is too fair, and it is impossible to incite people to make trouble. If they have a fire, there is nowhere to retreat", so they can only go to the prefect of Songjiang to complain.

As a result, the Yamen of the Songjiang Prefect became the reception place for petitions, "The Prefect Zhenji doesn't know how many grumbling squires to appease every day...... He is Xu Jie's most honest student, when he was sent to Songjiang, he actually had the intention of taking care of the teacher's life in his later years, of course he didn't want to see the current situation? But although he and Hai Rui are both positive four grades, they are governors, and they are the strongest Haiyan kings, "even if you borrow his two guts, you don't dare to stand hard!"

Zhen Zhenji can only not be agitated and soothed. But the anger of the squires "cannot be appeased after all", and although they dare not make trouble, they can always find a way to vent their anger.

So on this day, Hai Rui was in the office, and the official presented a statement, saying that it was an anonymous form removed from the wall of the Songjiang Mansion" Wang Xijue took it and looked at it, and his face changed.

Hai Rui glanced at him, then lowered his head and continued to read the papers, and said lightly: "Read ......"

"Dugong", "Wang Xijue is embarrassed:" I still don't read it. ”

Hai Rui ignored him and continued to read the papers" Wang Xijue had no choice but to read softly: "The complainant Liu Xia plantar, sue Boyi Shuqi and the two brothers, relying on the momentum of his father Guzhujun in the past dynasties, excavated Xu You's tomb, and the two brothers bribed the ministers to be exempted. Today, on a certain month and day, he pulled out the evil brother Liu Xia Hui, caught a certain hoop and banned the lonely bamboo water prison, and put the cannon on the capital punishment day and night, forcing the sacrifice of 300 acres of Shouyang Weitian "There is no deed, and the tiger is witnessed, and the supreme king of stealing Siwu is still humiliated by the knocking horse" not to mention the "mere ants" to sue the ......, this anonymity is extremely funny, and the parties are all historical figures in the Shang and Zhou dynasties...... The complainant is Liu Xia, "that is, the thief, a famous villain in ancient times: the defendants are Bo Yi and Shu Qi, famous good people in history, the tomb was robbed by the sage Xu You, the defendant was protected by the virtuous minister Bigan, and the accomplice who participated in the persecution of the plaintiff was Liu Xia Hui, to the effect that "Liu Xia sued the two brothers of Bo Yi Shu Qi for stealing and digging Xu Youzhi's tomb, and as a result, the two bribed Bigan to spare." Then let the accuser, the evil brother; Yanashita Hui "caught him in the Guzhu Guoshui prison and imprisoned him, and used the polarity of the cannon day and night to force him to sacrifice 300 acres of Weitian in Shouyang Mountain......", the content of which is absurd, the irony is extremely strong, in a word, the wicked people make up absurd lies to falsely accuse the good people, and seek to rob the good people's land! In particular, the thief asked Hai Rui to sentence Shouyang Mountain Cai Weitian, who is known to belong to Bo Yi Shuqi, to himself and provoke him!

After reading it, Wang Xijue's eyebrows were upside down, his eyes widened, and he said angrily: "Diao Min! We must investigate and punish severely! ”

"Don't look it up." Hai Rui's expression did not change, but the green tendons on the back of his hand clenching the pen suddenly appeared, and he also walked out of his anger: "Diao Min can't write this kind of writing, and if those big families do it, they won't be able to find out the results." "Yes, this writing is good, it is obviously done by a rich township official" Wang Xijue quickly calmed down, nodded and said: "They don't dare to use this method to satirize us." ”

"Hmph......" Hai Rui was stubborn, and snorted coldly: "Then let's decide the male and female!" ”！ ~！