Northern Song Dynasty Justice

Chapter 166 The Cage of Power

Chapter 166 The Cage of Power

On the second floor, there is only a small room with four windows, but the decoration is very elegant. At this time, there is a person sitting in the room, which is Emperor Shenzong.

He was sitting at a small square table with a jug of wine and four very delicate dishes on the table, all of which were Zhang Fei's favorite, even including the pretty little maid beside him.

"Xiaomin Zhang Fei sees His Majesty."

Zhang Fei bowed.

Zhao Xu smiled and said, "You don't need to be polite, just sit down."

The hand leads directly to the opposite side.

He didn't want to reveal his identity before, he just wanted to maintain a kind of communication between friends with Zhang Fei. He and Zhang Fei were about the same age, and they hit it off right away. This kind of relationship is very rare for him.

Even though he has exposed his identity now, he still hopes to continue to maintain this relationship.

"Thank you, Your Majesty."

It wasn't the first time Zhang Fei sat across the table with Zhao Xu, he smiled, came to sit opposite Zhao Xu, looked around, "This seems to be the first time I have been a guest at His Majesty's house."

guest?Zhao Xu liked this statement very much, and laughed: "I have wanted to invite you for a long time, but I haven't found the opportunity."

During the conversation, the maid next to them had already poured a glass of wine for them.

Zhao Xu raised his glass and said, "Congratulations on winning this lawsuit."

"Thank you! Thank you!"

Zhang Fei hurriedly raised his glass to meet him.

After gulping down his drink, Zhao Xu put down his glass and said, "At first, Fan Sijian temporarily asked Wang Xueshi to testify in court, which really shocked me into a cold sweat. If you don’t, it’s really satisfying!”

Zhang Fei wanted to pick up some food to eat, but suppressed the wine, when he heard the emperor's question, he hurriedly put his chopsticks away, and said: "To tell you the truth, this is actually much better than I imagined, even better than the method of the ancestors last time." Litigation is much easier.”

"is it?"

Zhao Xu said in surprise.

Zhang Fei nodded and said: "Last time, the jury was asking me. The status is unequal, so I have more scruples. This time at least I have an equal relationship with Fan Sijian. On this basis, Grand Master Wang The difference between making a confession or not is only in whether he lost very embarrassingly or slightly embarrassingly."

Zhao Xu smiled and said, "So no matter what, he will lose."

Zhang Fei nodded and said: "Because this matter is their messing around, unless they use those despicable means, otherwise, it is impossible for them to win."

Zhao Xu nodded, and said: "About Fang Yun's case, I have sent people to investigate secretly, but the other party has done it very carefully, and have not found any clues yet, but I have sent people to secretly protect Fang Yun. You don't have to worry too much."

Zhang Fei quickly cupped his fists and said, "Thank you, Your Majesty."

Zhao Xu said with a smile: "I never thought that you are such a person who values ​​love and righteousness. In fact, Fang Yun only saved your life at the beginning, and you also helped her get rid of the crime. This is already repaying her for saving her life." .”

Zhang Fei smiled wryly and said, "It would be great if the results of affection can also be obtained through calculation."

"It makes sense." Zhao Xu nodded with a smile, and said again: "It's really strange to say that every time I hear your lawsuit, I always benefit a lot, even better than the debates of those ministers."

Zhang Fei pondered for a while and said: "Perhaps it is because those ministers talk about gains and losses in terms of morality in front of His Majesty, while I judge morality in terms of success or failure in the courtroom, which is exactly the opposite, so Your Majesty feels different."

"Morality judged by success or failure?"

When Zhao Xu heard it at the beginning, he felt that the words made no sense, but after thinking about it carefully, he felt that there was some truth, so he asked, "How do you say this?"

Zhang Fei replied: "Because the law is born out of morality, and it is also the bottom line of morality. Many times some immoral things are not illegal, but illegal things must have an aspect that violates morality, so the law should be followed." When the law is in conflict, morality becomes naked.

And litigation is a pure conflict of interests. We do not want to persuade the other party, nor to explore the truth, but to use the weapon of the law to subdue the other party. This is like a confrontation between two armies. Precisely morality again. "

Zhao Xu pondered for a while, nodded and smiled and said, "Your explanation is refreshing, I would like to toast you again."

"This cup should be my respect to His Majesty."

"Same."

drink it.

Zhao Xu said again: "Before you were in the courtroom, you said that the Department of Regulations of the Second Government would be supervised by the judiciary. In my opinion, they will definitely pay attention to the study of litigation and try to use the law to prevent Wang Xueshi from reforming the law. , can you guarantee that you can always win?"

Zhang Fei was startled, hesitated for a while, shook his head and said: "I can't."

Zhao Xu raised his arms to the table, leaned forward, and asked, "What should I do?"

"This..." Zhang Fei was a little confused, he was too involved in the lawsuit just now, and even forgot about the emperor, all blamed on Fan Chunren, what kind of cross-examination disrupted my rhythm, this is really bad.

Seeing his tangled expression, Zhao Xu smiled slightly: "As for this question, I can only talk to you. I hope you can tell me everything you want, and you can tell me everything."

What he wants to ask is actually very simple, can the judiciary restrict me, as an emperor, if I have to rely on you, a pen, to promulgate policies, it means that the imperial power has been greatly weakened!

What Fan Chunren said just now caught his attention.

The emperor wants to follow the legalist line, and what he pursues is not that the law is not noble, but that he respects the emperor and humbles his ministers. This is a very important political thought of Legalism.

Centralization strengthens power.

But at present, this legalist thinks differently from Zhao Xu. If the lawsuit continues like this, he will also be supervised by the judiciary.

"Yes!"

Zhang Fei nodded, coping with it, thinking to himself, if he didn't make this issue clear, I'm afraid he wouldn't go on firmly.Anyway, now I’m just a bastard, and I don’t have any power. I just want him to listen to what I say, and it won’t have any effect on him. If I become an official in the court in the future, then these words may be said forever No more exports.

After weighing for a while, Zhang Fei nodded and said, "If you lose, you have to admit it."

Zhao Xu frowned slightly, this was not what he wanted.

Zhang Fei then said: "If you don't recognize it, you will have to perish."

Zhao Xu was surprised again: "How do you say that?"

Zhang Fei asked: "Your Majesty, do you know why Qin prospered and died?"

Zhao Xu pondered for a while: "Prosper because of the law, and die because of the law?"

The demise of a country is definitely not a reason. Usually, to answer this question, you must combine the context. He didn't answer Zhang Fei, but guessed what Zhang Fei wanted to say.

Zhang Fei shook his head and said: "To be precise, Qin was prospered by the law and not noble, but at the same time died by respecting the monarch and humble ministers. This is why no one who respected the legalists in the past dynasties lasted long."

Died by honoring the emperor and humble the people?

This seems to be directly telling Zhao Xu not to follow the path of Legalism.

But this is obviously contradictory to Zhang Fei's previous views.

Zhang Fei had previously emphasized that the only way to make the country rich and the army strong was the Legalists.

Zhao Xu asked, "What do you mean by that?"

Zhang Fei replied: "If the law is to defend the bottom line of morality, then the monarch is to defend the bottom line of the law. Once the monarch breaks the law, the country will die.

Because the law is actually the smallest constraint on the monarch. Ordinary people break the law, mostly for money, beauty, and even power. .

Unless you rob the women of the people and send people to plunder the people's property, how can the country not perish with such a monarch.Throughout the past dynasties, whenever a country weakens, it starts with the monarch breaking the law, and there has never been a phenomenon where the law perishes and the country survives. "

Zhao Xu shook his head when he heard it: "You only know one thing, but not the other thing. My every move is under their surveillance, but I may be ignorant of their actions. How can you be right? I am the least restrictive."

Zhang Fei smiled.

Zhao Xu asked, "Isn't my answer sincere enough?"

The implication is that I hope you can talk openly and honestly with me, and I can't talk about this with others.

Zhang Fei scratched his head and said vaguely: "If the monarch is supervised by the judiciary, do they still need to watch the monarch's every move?"

Zhao Xu immediately fell silent.

The censor admonishing officer is really annoying sometimes, but the problem is that the emperor is not subject to judicial restrictions. If no one is watching him, the emperor can do whatever he wants.

If the emperor committed the same crime as the common people, and the judiciary was independent, the censor and admonisher could indeed be dispensed with, and the Kaifeng mansion would be enough.

After being silent for a long time, Zhao Xu said again: "Although that is the case, if this lawsuit is lost, will I have to give up the reform?"

In fact, what he wants to ask is precisely Zhang Fei's answer, whether the judiciary will override the imperial power.

Zhang Fei said: "If it is as I said, this lawsuit should not exist, because His Majesty has the power to set up the Division of Regulations of the Second Government, which is completely in line with the imperial court regulations, and they sued the Division of Regulations of the Second Government by virtue of power of."

Zhao Xu shook his head and said, "You don't understand what I mean."

Zhang Fei also wanted to say: "Your Majesty didn't understand what I meant."

Zhao Xu was stunned and said, "Then what do you mean?"

Zhang Fei said: "As I said just now, the monarch is the last line to defend the country's laws. In other words, the laws restrict His Majesty the least, followed by ministers, and the most restrictive people.

But the law is like a rope, which encloses everyone in it, tight and unified.Therefore, when the hemp rope tightens His Majesty's restraint by one point, the ministers will tighten it by five points, and the common people will tighten it by ten points.And His Majesty's previous worries were based on taking a closer look at himself. Under such circumstances, this lawsuit cannot exist. "

In the final analysis, this lawsuit was triggered by a power struggle, not entirely based on the judiciary.

Zhao Xu pondered for a while, and asked, "How do you determine that if you tighten the constraints on the monarch by one point, you can tighten the constraints on the ministers by five points?"

Zhang Fei said: "If an Erbi dares to sue the monarch and succeeds in suing the prime minister, no one dares to say a word. On the contrary, just because an Erbi sues the prime minister does not mean that he can sue the monarch. Jurisprudentially speaking, the monarch has the most judicial immunity."

Zhao Xu retorted: "I have not violated the law, but many officials have violated the law, how do you say that?"

Zhang Fei pondered for a while, and said, "Does Your Majesty understand the businessman's tax payment?"

Zhao Xu nodded: "Of course I understand."

Zhang Fei asked again: "Does Your Majesty know that many officials fish in troubled waters?"

Zhao Xu nodded slightly.

Zhang Fei said: "Why doesn't the court care about it?"

Zhao Xu fell silent.

Zhang Fei said: "The imperial court wants to expand fiscal revenue, but at the same time is unwilling to spend too much reward. How is this different from robbery? But if Your Majesty restrains himself and does not want this illegal income, this phenomenon will inevitably decrease on a large scale. "

Zhao Xu sighed: "I don't want to, but the current financial situation is beyond the means."

Zhang Fei said: "If His Majesty takes the lead in robbing because of this, the consequences will be certain. The past dynasties have told us the ending. This is just a vicious circle! The phenomenon of tax overpayment is based on the situation of loosening one point.

In fact, His Majesty got much more from it than any of them, but their combined income may be more than His Majesty, or at least about the same.It can be seen that the looser the constraints on His Majesty, the more His Majesty will lose, and eventually the country will be destroyed. "

Combined with current events, Zhao Xu understood it as soon as he heard it, but felt his face was hot, picked up the wine glass, took a big sip, and sighed: "I know what you mean, but it's not easy?"

Zhang Fei said with a smile: "In fact, the road is very difficult, otherwise, why would there be a Tang Taizong in so many years, but this is at least a way to survive, and that road must be a dead end."

Zhao Xu asked: "But respecting the emperor and humble ministers is the legalist thought."

Zhang Fei pondered for a while, then said: "Although Emperor Wu of the Han Dynasty only respected Confucianism, he actually combined Confucianism and Legalism. He did not abandon many ideas of Legalism. It is a dead end, but all countries that do this, without exception, will perish as a result."

Zhao Xu was puzzled and said, "Why? This is what Han Feizi, the patriarch of Legalism, advocated."

This is an extremely important reason why he supports Legalism, that is, to assert imperial power, and Wang Anshi's reform also incorporates this idea into it. This is also an important reason why Zhao Xu supports Wang Anshi.

If the imperial power is not extended, it will be impossible to expand the territory to the outside world, and it will be impossible to reform the law internally.

Zhang Fei laughed and said, "That's why Han Feizi lost completely!"

Zhao Xu said: "It's Daqin!"

He wanted to say that Daqin had won, but Daqin died in the second generation, which seemed to be unconvincing.

Zhang Fei said: "The core idea of ​​Legalism is actually that the law is not noble and the rope is not bent, so that the country can be effectively governed. But this obviously has a sharp contradiction with honoring the monarch and humble ministers. The two are incompatible, so we must introduce Confucianism. The Jun Jun Chen Chen is integrated with the legalist thinking, because the Jun Jun Chen Chen is relatively gentle."

The Confucian monarch and ministers do not completely respect the monarch, but cleverly use morality to restrict the monarch, which means that your monarch must have the appearance of a monarch, and your ministers must behave like a courtier.

This is why courtiers often use Yao, Shun and Taizong as examples when dissuading the emperor.

And respecting the emperor and humble ministers is simple and rude. In the universe, I am the only one who respects me.

But in this way, it does not mean that he has come back again. The combination of Confucianism and Legalism cannot make changes.

Zhao Xu was very confused.

Zhang Fei continued: "And the reason why I support His Majesty to take the legalist line is because the country is currently suffering from internal and external troubles, and power is needed to turn things around."

Zhao Xu was completely confused, "Aren't you also contradicting yourself?"

Zhang Fei shook his head and said: "If Your Majesty has a good choice, you can use all the contradictions to your Majesty's advantage."

Zhao Xu asked: "How to make a choice?"

Zhang Fei said: "It's very simple, it is to give part of the power to the judiciary. Throughout the dynasties, many people believed that if there is less restraint on the imperial power, the monarch will naturally benefit.

But in fact, on the contrary, the monarch benefits the most if the imperial power is more restricted, because the monarch can exchange this one point of restraint for the five points of restraint of his subjects. Just get stretched. "

Zhao Xu frowned and said, "Give justice?"

Zhang Fei said: "Your Majesty can also understand that the power handed over to the country will become public power."

"Public power? Country?"

"Yes."

Zhang Fei nodded, and said: "But as long as the degree of public power is properly grasped, the power of the monarch can be asserted."

"How do you say that?" Zhao Xu asked.

Zhang Fei explained: "Because from a purely jurisprudential point of view, the monarch has both the legislative power and the power to interpret the law. few.

It's like the case of setting up the Regulations Department of the Second Government. If everyone only speaks the law, His Majesty only needs to change his name, and he will be invincible. It is the other party who does not speak the law.

Therefore, when Fan Si advised them on this matter, what they talked about was often not legal principles, but morality.

If it doesn't work, His Majesty can add a few more chief judges to interrogate. The ancestral law can give many explanations, and each explanation is reasonable. Your Majesty can obtain the explanation you want through legal means. "

After hearing this, Zhao Xu couldn't help but fell into deep thought.

Zhang Fei's theory really opened a door for him.

In the past, it was a zero-sum game between monarchs and ministers. Everyone wanted to increase power, but no one had ever thought of reducing power together.

As long as you lose more than me, the gap between us will be even greater, and the imperial power will naturally be extended, so the consideration is how much power should be locked in the cage, which is most beneficial to the monarch.

(End of this chapter)