Chapter 71: Fishing Law Enforcement (II)

"Your Majesty, you just saw that this fishing law enforcement can certainly test the morality of officials, but what if it is expanded? What if the court officials were allowed to do the same? Your Majesty, you can use this method to test corrupt officials this time, but who knows if tomorrow more officials will also use the same example on the people? If you can use it for the officials, then the officials will not use it for the people? Moreover, depending on your appearance, you still have to promote it, otherwise the consequences will be unimaginable! It is true that the punishment of corruption is important, but the dignity of the law must not be destroyed because of it! The law is the most basic bottom line in our country, but you are using this method to uphold the dignity of the law, this is not to uphold the law. ”

"Of course, you are trying to punish corrupt officials, but if you punish bribery by giving bribes, aren't you breaking the law? What is the point of punishing offenders by means of local means of breaking the law? You're not encouraging the offender, so I think that even punishing the offender should be done through legal means. So, you can't do fishing law enforcement in this way, otherwise the world will never be peaceful. What's more, you are the one who gives the bribe, and he will take the bribe, and you are already deliberately fishing. Originally, people didn't have the idea of taking bribes, but by doing so, you were deliberately tempting others to commit crimes, so weren't you instigating? ”

Shi Bufan began to talk a lot about the harm of fishing law enforcement, which is deeply hated. Fishing for law enforcement is undermining the credibility of law enforcers, and putting everyone in society at risk and no longer trusting the government. And this kind of fishing law enforcement is actually playing with fire! Li Shimin uses this illegal means to enforce the law, so what is the significance of the law? While enforcing the law, it is absolutely impossible to break the law. If we use illegal means to enforce the law, we are not only not upholding the justice of the law, but also undermining the law. If it is illegal to enforce the law yourself, how can you ensure that the law can be enforced fairly?

Moreover, Li Shimin's so-called "evidence" is based on the evidence obtained by bribing his subordinate officials, which will not be used by the vast majority of countries in later generations, because this evidence is illegal. As a master of law, Shi Bufan is very aware that if illegally obtained evidence is used as legal evidence, it will inevitably lead to the collapse of the judicial system.

You may be able to punish a criminal, but at the cost of the collapse of the entire justice system. The entire justice system cannot collapse in order to punish a single offender. If the judicial system collapses, the damage will definitely be greater in the end. Therefore, Shi Bufan does not think that this kind of behavior of fishing for law enforcement to catch corrupt criminals is a good thing, because corruption is certainly harmful, but if the judicial system and judicial spirit are completely destroyed in order to catch corrupt criminals, then in the end the society will become more turbulent, and the harm caused by corrupt officials will definitely be more serious than that caused by corrupt officials.

At that time, the majesty of the law cannot be maintained, and even the law, which is the bottom line of social morality, cannot be maintained, so that the greatest harm will be done. Therefore, even in order to catch the corrupt criminals, it is absolutely impossible to use the method of fishing law enforcement, otherwise the consequences will be extremely huge and disastrous.

However, Shi Bufan said: "Your Majesty, if you use the so-called test of whether the management is clean as a reason for bribery today, I think that in the future, all the people in the world, from the officials to the ordinary people, will also take the initiative to test for the emperor whether the officials are honest or not." ”

Shi Bufan's meaning is very obvious, since today can be used to test whether officials are honest as an excuse for their bribery crimes, then once all kinds of bribers are caught in the future, they will also use this as an excuse, saying that they want to test whether officials are honest, so should they be punished at that time? If it is punished, then the emperor will also be punished. But if there is no punishment, isn't that encouraging bribery?

"Shi Bufan, the emperor is also to test whether the officials are honest, how can he bribe? This method can only be used by the emperor, so why should ordinary people use it? "Some people questioned.

Shi Bufan then replied: "The so-called rise and fall of the world is the responsibility of the husband. Everyone has an obligation to clean up those black sheep for the court, so why not help the emperor to test bribes? ”

Shi Bufan was actually quibbling, but it immediately aroused everyone's indignation.

"Shi Bufan, which side are you on? Are you disloyal to the emperor and my Datang? ”

Shi Bufan replied blandly: "At this moment, I am on the side of the law, and I am only loyal to the law at this moment, not to anyone." ”

"You-"

Shi Bufan then turned around and said: "Your Majesty, although you are arresting criminals in this way, you are also setting a bad example of breaking the law. You can experiment with this method today, and then arrest and deal with it afterwards, but what will happen to the court officials tomorrow? I wonder, will those imperial historians learn the same when the time comes? Also, this fishing law enforcement is not only used to catch corrupt people. It can also be used in other aspects, for example, the army relies on military merits to obtain promotions, and how to obtain military merits? At present, the world is becoming more and more peaceful, and there are few wars. If at that time, some generals do not hesitate to provoke our people in the Tang Dynasty to rebel for the sake of their military achievements, and they did not rebel in the first place, but deliberately provoked the people to rebel, and then just to obtain this counterinsurgency military merit, so what? ”

"And my Tang Dynasty is far away, if they deliberately provoke the people, and then direct and act out this play, and then they quickly carry out the so-called 'counterinsurgency' with the so-called impromptu decision, at that time my court sent officials to investigate, I'm afraid there is no evidence, at that time, will it be determined that it is a counterinsurgency? Therefore, this kind of evil example must not be opened, and once it is opened, there will be endless troubles. ”

When Li Shimin heard this, his face immediately turned green, because what Shi Bufan said made sense. If those generals deliberately provoked the people to rebel for the sake of their military exploits, then they directed and staged this counterinsurgency by themselves, and then it was the people who suffered. At that time, those generals were promoted, and then didn't this encourage those generals to deliberately provoke the people to rebel? If this is the case, the people would not want to rebel in the first place, but it is enough to be forced by these guys to rebel.

"The rebellion is too big, and we won't say much about it. For example, some law officials are promoted by solving cases. If they deliberately let people commit crimes and then solve the case themselves, isn't this deliberately gaining merit and getting promoted? There are many more, such as some officials, who covet the credit of loving the people. Then they deliberately dug up the levees and then moved the people away again, so that the flood flooded the homes. However, he can get the credit for transferring the people to save their lives, will it be promoted? ”

"There's a lot ...... to come"

Shi Bufan explained to Li Shimin about the terrible scenes that fishing law enforcement will bring, which made everyone shudder. They never thought that such an act of their own would cause such serious consequences? When the time comes, in order to create the so-called "political achievements", those officials will take the initiative to adopt the method of breaking the rules to create political achievements, how terrible is this!

"Your Majesty, since the rules have been established, you can't easily break the rules. Once you catch a corrupt official who takes bribes today, there will be many people tomorrow who will uphold the so-called law by breaking the law. There are also many officials who deliberately break these rules and undermine the well-being of the people for the sake of so-called promotions, and then get so-called promotions. Once this method spreads, isn't it more terrible than the so-called corrupt officials? Once this method is expanded, the people will definitely suffer more than the corrupt officials, but those black-hearted officials will be promoted one by one, is this reasonable? This kind of illegal means of enforcing the law must be resolutely put an end to. ”

Li Shimin heard Shi Bufan's words, although he also recognized it in his heart, but he still said a little stiffly: "Could it be that he took a bribe, can't it be proved that he is greedy?" If you are not a corrupt official today, will you not be corrupt tomorrow? ”

"Your Majesty, whether he is corrupt tomorrow or not, then I can't care. We can't just punish some people according to the crime because they have the idea of sin in their hearts but they don't do it, right? It's like when you are young and frivolous, you don't have any other thoughts when you see beautiful women? It's just that everyone hasn't really done it, so can they punish the crime just because they have this idea? Therefore, as a crime, there must be a motive and an act, and if there is only a motive and no action, it cannot be dealt with as a criminal. And this so-called crime of enforcing the law through fishing cannot be used as the basis for punishment. Therefore, I think that the emperor's so-called bribery this time not only cannot be used as a basis for punishment, but it is reasonable to be acquitted and restored to his original position. This time, we must not punish this Simen Lingshi, no punishment will do, otherwise this is also fishing for law enforcement. Shi Bufan replied.

Li Shimin's face was a little dark, but he was also frightened by the consequences described by Shi Bufan. Once you catch corrupt officials by breaking the law this time, will others also use illegal means to get credit tomorrow? In order to gain military merits, incite the people to rebel and provoke border conflicts, is this a crime? In order to obtain the so-called credit for protecting the territory and the people, deliberately dig the embankment, and then transfer the people? There are even more ways to obtain political achievements, and if everyone follows the same example at that time, then such officials who secretly want to be black-hearted will go to high positions one by one, and those really good officials will be suppressed at the bottom.

Shi Bufan is not wrong, if those soldiers deliberately incite the people to rebel for the sake of their military exploits, or if the officials deliberately use sabotage means to obtain them for the sake of various political achievements, then the harm to the people will definitely be more serious than the so-called corrupt officials and corrupt officials.

Maintain the rules, but never do it in a way that breaks the rules, otherwise there will be endless troubles in the future.

Li Shimin thought for a while and said, "Let go of this Simen Lingshi and restore his original position!" ”

Those Qianniuwei untied the rope of this Simen Lingshi, and then the Simen Lingshi took the initiative to kneel down and said: "Thank you for the emperor's grace of not killing, thank you for the emperor's grace of not killing!" ”

Shi Bufan shook his head, this guy is really a tragedy. Obviously, Li Shimin deliberately fished for law enforcement, and he was the victim, but after such a circle, he wanted to thank Li Shimin for not killing. Things are too funny, but Shi Bufan can't laugh.

"Thank you Shi Xiaoshulang, I will never forget it in my life!" The scribe immediately knelt down to Shi Bufan and said.

Soon, Consul Nasimon was brought back, and he was able to resume his original position. However, everyone knows that he cannot have a future in development, because the status of the scribe is also very low, and he has also "taken bribes". Although he could be exempted from the death penalty and reinstated, no one would really value him anymore. What's more, this time he is still involved in the emperor's head, he will definitely have to slowly retire in his life, and even those colleagues will stay away from him.

But at least his life was saved, and he would not be executed for this incident.

"Okay, Shi Bufan, satisfied?" Li Shimin asked.

Shi Bufan shook his head and said, "Your Majesty, you can't do this." You are only restoring his innocence, and he is innocent in the first place, and it is your duty and deserve to do so, not your reward for him. And about your bribery, I want to ......"

Someone immediately started spraying and said: "Shi Bufan, what do you mean by this?" The emperor has already done his best, what do you mean by this? Do you still want to make inches? ”

Shi Bufan replied with a smile: "Didn't I have to make inches?" If you do something wrong, you must be punished. Doesn't the emperor even have the idea of admitting his mistakes? Even if you don't have to be criminally punished, you still have to have a guilty edict, right? Otherwise, wouldn't the officials below have to follow the same example, and they wouldn't have to be punished if they did so anyway? So, I guess it's time to commit to mistakes, right? ”

"Guilty of your own edict?"

Everyone gasped, Shi Bufan's words were really ruthless, directly Li Shimin had just ascended the throne for two days, and the first edict of self-sin came out? If you have just ascended the throne for two days, and the first edict of self-sin will come out, wouldn't it be a slap in the face?

Otherwise, what do you make people think, you haven't made any achievements, but you have made mistakes? You must know that the edict of guilt is only used when the situation is turbulent, but now the situation is not turbulent, but it is obviously too big to issue an edict of guilt. If it was just the third day of his ascension to the throne, the first edict of guilt would have come out, then it would be a slap in the face.

Sure enough, Li Shimin's face also turned black, and the faces of the important ministers of the court also turned black. This edict can be issued, but the edict of guilt was issued just two days after ascending the throne, which is also unacceptable to everyone.

"This, I ......"

Li Shimin was obviously very hesitant, very hesitant to issue this edict. Because Li Shimin finally realized the harm of fishing law enforcement, but he was not willing to issue an edict of guilt just two days after he ascended the throne, which was too embarrassing. If you make a mistake as soon as you take office, isn't that a slap in the face?

However, Shi Bufan saw the situation and thought secretly: "The heat is enough, don't push too deeply." ”

"Your Majesty, if the edict is not appropriate, it is better to issue an edict as well. This edict was mainly a reflection on some minor mistakes in his actions, and then he thought that he had used the wrong method for a while, and then issued it to the officials so that they should not learn it. Shi Bufan said.

Li Shimin and the officials present finally breathed a sigh of relief, if it was just an edict, it would still be okay. Because the edict and the edict, although they are both official documents of the emperor, they have different meanings. If it is an "edict", then the status is equivalent to that of the "chairman" of later generations. The authority is incomparably great. And if it is an edict, it only represents the daily correspondence of official documents, but the authority is reduced countless times.

Therefore, Li Shimin can't accept such a high-level "self-slapping slap" as the guilty edict, but this ordinary edict represents just an ordinary official document, and it is not necessarily of such a serious nature as the guilty edict.

Moreover, Shi Bufan only defined this as "using the wrong method", which is tantamount to downplaying Li Shimin's crime of offering bribes as "using the wrong method", which is much easier than the crime of offering bribes. In this way, it is just to tell the officials not to learn the emperor's "wrong method", which does not involve the nature of the so-called criminal edict, but the nature of daily official correspondence.

"Okay, I'll issue an edict immediately, and I'll reflect on it!"