Section 1408 Verdict(2)

But things in this world are usually very complicated. Pen? Interesting? Pavilion wWw. biquge。 info

Especially when it comes to the issue of Confucius, we must be cautious.

The reason is very simple, Confucian ideas and pursuits, although in Liu Che's eyes, are somewhat pedantic and outdated.

But this is not the case in the eyes of the landlords, scholars, and nobles of the world.

In the eyes of many people, Confucius's current status is not as good as that of Zhou Gong, but he is the strongest among the hundred schools of thought.

Even though Zhuangzi hated Confucius very much, he wrote "Piracy" to criticize Confucius's scholarship and thought, but he did not dare to deny the charm of Confucius's personality.

Even another Han Feizi, who once concentrated his firepower and violently attacked Confucian culture and thought, also admitted: Zhong Ni, a saint in the world, also practiced the Ming Tao to swim in the sea.

As for Liu Che, he knows that if you look at it purely from the perspective of morality and character, Confucius's personality charm is indeed unstoppable.

In fact, even today, although many within the Legalists and Mohists, as well as within the Huang Lao School, criticize Confucius.

But there are also many more people who worship and revere Confucius.

For example, Jia Yi and Jia Changsha once publicly praised that after the Duke of Zhou, the only person who can be called a saint in China is Confucius.

In fact, to this day, Confucius and Confucian culture have long been deeply integrated with China and Zhuxia civilization.

In a sense, Confucius and his Confucian culture have become an organ of Chinese civilization.

It's like the Legalists, the Mohists, and the Huang Old School.

If you want to cut it, you have to pay the price of blood, and you may even end up half-paralyzed.

Therefore, Liu Che never wanted to eliminate or purge Confucianism.

He's not crazy!

Seeing that the two factions of Confucianism and Law seemed to be about to fight in court, Liu Che hurriedly stood up and said with a smile: "What Qing and others said, I know ......"

This made the two factions of Confucianism and Law, who were almost about to stage an all-martial act, bow their heads and bow their heads.

"In my opinion, the case should be adjudicated as such......"

With Liu Che's words, the ministers, students, and doctors all knelt down and listened to the holy judgment.

There is no doubt that this will also be the final verdict on this historic case.

Liu Che was also a little excited when he saw this scene, at this moment, he felt as if he was in a sacred and solemn constitutional court, and he was holding the legal code, about to make the final and final interpretation.

He knows very well that every word he says next may affect China's laws, society, and systems for hundreds or even thousands of years.

Therefore, every word must be carefully considered and carefully considered.

We must be responsible, responsible for ourselves, for our country, and for history.

"I heard that Zhong Ni said: Do not do to others what you do not want, in the case of bowing down, the straight father stole the sheep, and the bitter master lost his sheep, and I am very guilty! According to the law of the Han Dynasty, if you have stolen 660 yuan, you will be a city dan, and if you don't have a profit of 660 yuan, and more than 200 yuan, you will be a city dan! The straight father steals sheep, and he should sue for the public office, and the law is systematized! Liu Che said slowly.

With his words, the Confucian ministers and students were all dead-faced, their hands and feet were cold, and they couldn't get a seizure.

This is because this is indeed the current Chinese law and provisions.

And the sheep that his father stole is about 660 yuan according to today's market price, but 200 yuan is definitely worth it.

Therefore, the city is not running.

This is the same cool method as Chengdangong and Chengdan, in fact, they are both the same cool method.

It's just that the former tattoos words on the face, usually a word that is the same as the punishment committed by the criminal, to humiliate or remind others.

And this is a simple punishment.

Of course, in terms of the specific sentence, there are also differences.

At the very least, the latter can be active, pay for a reduced sentence, or get a pardon, but the former is something you can't buy even if you have money.

This is also the reason why thieves and robbers are usually the same kind of people.

Because, whether it is theft or robbery, in practice, the punishment is the same.

If it is a mass crime, it is punishable by death.

It may even implicate and sit with family members.

Therefore, everyone in the Legalists was overjoyed and happy.

Some people even have a feeling in their hearts that 'justice has finally been proclaimed today'.

But Liu Che knew that this matter could not be solved just like this.

Otherwise, there will be immeasurable consequences.

After all, it is now a feudal society.

Even the Legalists advocate loyalty and filial piety, and emphasize the maintenance of the status and authority of the male head of the family.

Otherwise, there would be no difference between an official lawsuit and a non-office lawsuit.

What's more, Liu himself is known as 'ruling the world with filial piety', and when the emperor dies, there must be a word of filial piety in his nickname.

If Liu Che plays like this, he is slapping himself and his father in the face!

Therefore, he continued: "If you bow down and report your father, you should be exempted from responsibility according to the law, and you will be rewarded according to the system, but you will not take ...... to report your father directly."

This is where the conflict between today's legal and social realities lies.

It's a big stubborn disease.

The current Chinese law, to some extent, can be said to be somewhat rigid and rigid.

Let's take this change of public and non-public lawsuits - according to the Han law, if the criminal behavior within the family (if no one else is involved), then the people within the family are not allowed to report it themselves, and it is useless to report it, and the government will never accept it, on the contrary, if you sue again and again, you may even be directly killed!

However, if an outsider comes to sue and your family cannot report it, and in the end, the crime is proven, sorry, the whole family sits together!

This kind of brain circuit is a product of the Legalist thinking.

But the problem is that such laws are impersonal, rigid, stubborn, and have no room for maneuver.

Black is black, and white is white.

Not to mention now, I am afraid that in another two thousand years, it will be difficult to be accepted by the people.

Therefore, the implementation of many provisions of the Han Law, especially the provisions between public and non-official notices, actually depends entirely on the personal will and thoughts of the officials in charge.

When encountering legalists and bureaucrats, they naturally strictly enforce the law and have no leniency.

However, the officials of Confucianism and the old Huang school went to the other extreme -- they did not have these laws at all.

As long as things don't make a big fuss, like Ti Ying saved his father, and it gets in front of the emperor, they won't care.

Therefore, in many places, the landlords of the wealthy clans beat down their subordinates and slaves, even concubines and children, just like killing a dog.

In many powerful yards, corpses are buried, not one or two.

The bitter lord and the parents and brothers of the bitter lord have no way to sue.

It's definitely not going to work.

Most importantly, such a law creates many social problems and moral paradoxes.

Therefore, the rulers of later generations simply didn't bother to care about these things anymore, and completely kicked the related issues to the family and clan.

So there was a lynching.

Liu Che naturally couldn't accept such a situation.

"Yes, I think it should be like this, if there is a case similar to Zhiquan in the future, then the Zhifu will be punished to compensate for the loss of the theft of the bitter master, and the Zhifu will be exempted from punishment, but Zhizhi will not be rewarded again......" Liu Che also breathed a sigh of relief after saying this.

He naturally knew that there would be some problems with such a choice.

But, in fact, that is a problem that he only has when he thinks about it 2,000 years later.

In fact, in today's society, because of culture and tradition, in fact, this is the best choice.

Otherwise, whether the father who bowed down is guilty or acquitted, it will cause disaster.

Even, in the end, Confucianism, and even the old Huang school, could not accept it.

After listening to the ruling of the Son of Heaven, both Confucianism and ministers glanced at each other, and their eyes were dissatisfied, but they also knew that this was indeed the best solution.

Politics is a compromise and a compromise.

This ruling of the Son of Heaven not only takes care of the face, feelings and demands of Confucianism, but also upholds the dignity of the Legalists and the dignity of the law.

Most importantly, a solution to similar family problems in the future is also proposed.

In the future, when encountering similar family crimes, for example, the head of the family accidentally kills a slave, according to the system, the slave and his relatives cannot be sued, but the government can pursue them, and outsiders can sue them.

This often creates many social problems.

However, after such a ruling by the Son of Heaven, there is a solution that is acceptable to all parties.

If something like this happens again, the family can appoint a member to report it to the government, and then compensate the sufferer for some losses, and the matter will be revealed.

In this way, at least more than 50 percent of the blood revenge can be reduced - in the past ten years, more than half of the blood revenge is because the avenger has relatives/friends, and his master has killed him by mistake, and he has no way to ask for help, and he can't swallow this breath, so he goes away, learns martial arts, and then sneaks back to his hometown to take revenge.

And, in fact, according to the Han law, if the master's parents mistakenly kill the slave and the child.

Even if it is reported by others or discovered by the government, it is actually just a loss of money.

And Liu Che did this, in fact, to ensure and stabilize social order.

In addition, by the way, it opens the way for the state to interfere in the future of illegal and disorderly crimes within the family.

Otherwise, with the current law, in fact, it is difficult for the state to interfere with criminal acts within the family, let alone investigate any tax evasion.

After thinking about it, Liu Che said again: "Tingwei, please pass on my order, the son lifts the parents, and the slave and the maid lift the lawlessness of the master's parents, all of them should be the three rings, and the three rings can be listened to later!" ”

"No!" Tingwei Zhao Yu immediately bowed.

This so-called 'three rings' is a system that has existed since the Qin Dynasty.

But, in the past, it was against parents suing their sons/daughters.

What is the meaning of these three rings, that is, the local elders, the government and family members have persuaded each other three times, and after three times of advice, they still have to sue them, and the local officials can accept them.

Moreover, every time they persuade each other, it is on a different day.

Undoubtedly, this is a law to maintain harmony within the family.

In fact, even Legalists attach great importance to the family and the ethics within the family.

This is also due to China's special social culture and traditions.

For Chinese, the three most important things have always been: family, ancestors and land.

This is true both now and 2,000 years from now.