Chapter 65 The Basis for Thinking and Measurement
"The Dharma pulls people back from the edge of sin, not pushes them into sin."
Yingcheng didn't give Li Zhan any face, and directly denied:
"Your judgment is too arbitrary, the cold law, the law must carry the temperature of human feelings."
"The law is not merciful, but the law can be reasonable."
"You're just judging by cold rules that B is guilty."
"Keep your reason, the law is human, and all laws that go against man's natural feelings are useless and ultimately harmful."
No one thought of it.
Yingcheng so decisively denied the verdict of Li Zhan, the Great Qin Court Lieutenant, the head of the highest power in law enforcement.
There is no emotion at all.
can carefully figure out what Yingcheng said.
But they couldn't help but think deeply.
"The law is not merciful, but the law can be reasonable!"
Prime Minister Si couldn't help but murmur in a low voice, chewing on the words that Yingcheng said.
The rest of the people couldn't help frowning.
"The law is the law, and no law is merciful, and if the law is mixed with personal feelings, the matter of bending the law for personal gain will be repeatedly prohibited."
Li Zhan was very unconvinced, and retorted angrily on the spot:
"People's emotional concepts are complex and changeable, relatives avoid the law, and hatred emphasizes the law."
"The law, only when it becomes a cold regulation, no matter what else, violators are punished by the law, can people fear the law and not break the law."
"Is it true that the great decree holds that the good will break the law, and only those who follow the evil or want to obey the evil will break the law?"
"In this way, this A and B, family ethics first, the murderer last, family affection, B kills A, it is contrary to the norm, and B cannot ask B to kill himself because A is seriously ill, so it is determined that B can kill A."
"If this is the case, whether the person in power can be greedy for ink for the benefit of one party, and benefit the other party, but this is by no means a reason for greedy for ink."
"Back to this pair of A and B, A Ci and B filial piety."
"However, the law is the law, and if it is violated, it will be illegal, and the ethics and etiquette education are only for people to know that A is kind and filial piety, and cannot be the reason for B to kill A."
"As law enforcers, we must, and can only see, that the cause, the killing of A, the result, and the death of A, cannot change the fact that it violates human ethics."
Li Zhan's words were sharp and decisive.
There is no intention of retreating, and I want to argue with Yingcheng today.
If you want to be reasonable because of the law, you must give a light sentence or no sentence.
Unless, trample on his Li Zhan's corpse past.
Li Zhan's words gradually landed, and in the hall, everyone's eyes fell on Yingcheng.
Fa Ke was proposed by Yingcheng.
They also feel that it is reasonable for Fa Ke to be reasonable.
But this case.
There is no escaping the fact that for whatever reason, there is a fact that cannot be changed.
Yingcheng sighed in his heart, and he knew that such a picture would appear.
Moreover, this in itself is a problem that cannot be ignored.
But.
He still wanted to defend it.
"Ahem!"
Yingcheng shook his head and said, "Lord Tingwei, what you have convicted is based on the provisions of the law on etiquette. ”
"There is nothing wrong with that, in this case, B, did violate the law."
"But, I want to say!"
"In the process of law enforcement, we should follow a guideline."
"The law is the basis for incrimination!"
"Morality is the basis for exoneration!"
"Based on the Qin law, B is indeed guilty, but judging by morality, it is a fact that A is kind and B is filial."
"And A, in the case of loving B, made this request, and suffered for ten years, and also dragged down this filial B for ten years, and there was no hope for life."
"I believe that in the process of making this decision, B must have struggled, condemned himself, and suffered painfully, but in the end he made this decision."
"I think that the reason why B killed A was that A was seriously ill and paralyzed for ten years, and he cherished B and asked B to end his life."
"As a result, B listened to A's words and ended A's life."
"There should be a penalty for a misdemeanor, not a felony."
Ying Cheng said, his eyes swept around.
For the time being, no one has expressed an opinion, and there has been no movement.
It seems that everyone is contemplating.
"The law is the basis for incrimination, and morality is the basis for exoneration!" Yingcheng couldn't help but repeat this sentence again.
said such a lot of nonsense, and his core idea is to convey this sentence.
However, no one responded.
"The law is the basis for incrimination, and morality is the basis for exoneration!" Yingcheng repeated again.
But.
But it attracted Li Zhan, and the great history made several people stare strangely!
All right!
Yingcheng shut up and didn't speak, each era has its own characteristics.
He couldn't break someone's head and pour that sentence into it.
Since it's a discussion, speak freely.
It doesn't have to be right or wrong.
For Yingcheng.
This was just the factor that he needed to take into account when discussing a piece of legislation from the case.
Just like this classic quote of the law, it is some of the thoughts about the law that he wants to mix.
That's all there is to it.
In order to provide a basis for thinking and measuring the legislation of this law in Daqin.
It is not necessary to distinguish between right and wrong here.
Meantime.
Among these cases, there are also business and the like, threatening the stability of Daqin, and officials breaking the law.
These are things that need to be measured and thought about.
If there is no accurate concept at the time of the current legislation.
So.
In the future, some people will again propose a class law with extremely strong colors that is not courteous to a commoner and cannot be punished by a sergeant.
Then everything he did today was in vain.
Therefore, he must stand in the eyes of future generations to effectively circumvent the matter of legislation.
"That's how it can be judged!"
Finally, after thinking about it for a long time, he felt that what Yingcheng said made some sense.
"After all, from the perspective of being a son of man, B has done his best, and similarly, A has been paralyzed for ten years and has no thoughts, and we cannot judge it by ordinary ethics and morality."
But before the words fell, Prime Minister Si shook his head and said: "But it is undeniable that A is guilty. ”
"At the same time, morality may be considered in the making of the law, but it must not affect the judgment of the law."
"There is no standard of etiquette, and everyone's standard of etiquette is different, and when enforcing the law, the punishment of the law cannot be determined by the opinion of people, and the punishment must be judged according to the procedure."
"This is the bottom line of the law!"
Feng Chang Lingcheng Chen Qiang also added: "Moreover, we also have to consider another issue. ”
"If the punishment is based on this, it is a precedent, and what should happen if someone follows suit, and what is the basis for the situation in their family, there is no basis for investigation."
And then.
After arguing for a long time, there is still no specific conclusion.
Moreover, there were many people who supported Li Zhan's verdict, and Yingcheng could only pass by temporarily, saying: "The second! ”
"This second, I don't think, can't be caught with this!" Li Zhan smiled, handy with all kinds of cases.
"In criminal and prison cases, there must be laws and regulations for the trial and judgment, and the case must be investigated, inquest, interrogated, etc., and tangible evidence must be obtained to convict the case."
"Without evidence, you can't chase after the wind."
Da Shi Ling shook his head and said: "But the fact is that A is indeed a criminal, and the government can confirm that it is A after investigation, inquest and other processes, but there is only a lack of evidence. ”
Before the words fell, someone objected:
"The law is based on law and has its own procedures, which is tantamount to condemning with evil first, so what is the use of stipulating legal procedures?"
"If everyone in the government decides the case on this basis, won't it become a conviction based on rumors, and whoever has more people and who has a loud voice can arbitrarily convict others."
"The third!"
"D obstructed A from pursuing the fugitive and beat A to the point of serious injury, causing B to escape, and D was sentenced to life imprisonment; Among them, C's use of B leads to serious consequences, and C and D are guilty of the same crime. ”
"It cannot be denied that Ding did not know about this condition, and Ding was deceived by C and mistakenly thought that B was being chased and killed by the murderer A, so he stopped A."
"Obstructing the government's handling of cases will be dealt with as a crime, how can there be so many conditions."
"The fourth!"
"The killer is not guilty!"
"Why is it so convicted of murder by Female A or her friends?"
"Male A wants to violate first, and the crime comes first, and Female A is naturally innocent in order to resist."
"Then you are not contrary to the previous first judgment, in the same way, you first stood on morality to convict, but the gap between before and after is so big."
"The fifth!"
"A practicing medicine and killing people, his crime should be punished!"
"A should be innocent, Ding will be unreasonable in the end, and the matter of illness is not up to people's will."
……
The discussion in the Da Ri Mansion is getting more and more intense.
Even to the end.
Yingcheng could only stand aside and watch the thirty-six councillors quarrel little by little.
I'm about to make a noise about the top.
See this scene.
Yingcheng said he was very satisfied.
That's what I want.
Successfully provoke the flames of war!
These cases are highly controversial in their own right.
It is the product of the double-edged sword of morality and law.
From the point of view of the actual offender and the moral level, there are two very different kinds of punishment.
And this.
It is friction and friction, rubbing out the spark of wisdom.
Because that's the only way to go.
Only then can a vague concept be rubbed out on the matter of legislation.
If it comes to Dingli, he needs to show a strong attitude to Dingli.
Then, on the specific Ten Principles of the Qin Law, he must maintain the perspective of a neutral person or even a bystander to determine the law.
Dingli, five and nine streams, is the general direction, a framework, he has a forward-looking vision.
All things considered.
The class theory is used to supplement the theory of great unification, so as to make up for the extreme contradictions and conflicts caused by the feudal system.
But with the law!
He can't use the eyes of the world, who has gone as far as Yongcheng to see the world, to formulate the law for the world that is close to the most real people's livelihood with the difference between the north and the south.
And these people in front of them are the subjects of the written grammar.
Because these people have to deal with all kinds of outrageous and outrageous things in the world every day.
Among them, Li Zhan is the core.
He can decisively think that Li Zhan is not a good second uncle, but he can't help but admit that Li Zhan is in charge of Tingwei's understanding and interpretation of the implementation of the laws of Great Qin.
The controversy in the Da Lu Mansion is hot.
And also at this time.
Yongcheng, Dazheng Palace!
The calm Dazheng Palace also ushered in the shock of not being able to sit still!