Chapter 529 The Third Party(1/2)
Sentence!
The verdict is finally over!
The men who had been waiting for several days finally received the final verdict.
But the taste has changed.
Is it rancid?
This is how delicious this dish is.
It's not that they haven't thought about it, the final verdict is not what they expected. As far as the process is concerned, no one can predict how the verdict will be.
But they all believe that the main theme of this lawsuit is still civil and military.
But after the final verdict, they gradually discovered that the civil and military officials were not the protagonists, especially the imperial court.
It is said that at this moment, they have no time to worry about Zhong E or Lu Shen, who are completely regarded as passers-by. Everyone's eyes are focused on Zhang Fei, and everyone is thinking about the guiding principles of the verdict.
yes.
It is true that he did not change any laws.
But he had one sentence that made everyone wary, that is, all laws and regulations involving military law must be based on his guiding principles.
These principles will become the general outline of the entire military law.
This is more exciting and worrying than any civil-military battle.
Does he really have this power?
Will these principles be broken and the pattern of using civility to control military force will be broken?
As long as this person is not stupid, he will know that these principles are mostly beneficial to generals and give them more power.
Although Zhang Fei also emphasized that any war is also a continuation of politics, this only gives civilian officials one more high-sounding reason and can only be said to be the icing on the cake. After all, this ancestral law of the Song Dynasty has various systems to restrict military commanders.
"President Zhang, could you please allow me to say a few words?"
Zheng Xie suddenly stood up and spoke.
Zhang Fei smiled and said: "Scholar Zheng, please tell me."
Zheng Xidao said: "Just now, President Zhang said that "Shan Xing Lu" and "Wu Yao Zong Jing" are both based on, well, those guiding principles that President Zhang just mentioned."
Zhang Fei nodded.
Zheng Xie immediately said: "First of all, I don't know whether President Zhang really has this power. Secondly, President Zhang's guiding principles may sound reasonable, but in my opinion, they are too general and difficult to implement well. I'm afraid
In the future, military generals will use this as a reason to be good at military affairs and monopolize power, and repeat the mistakes of the previous dynasty, which is also against the laws of our ancestors."
Many civil servants also nodded frequently, including Su Zhe.
Although it is generally believed in history that the military generals of the Song Dynasty were indeed relatively useless, they could not overturn a whole boat of people with one stroke.
For many civil servants, supporting the use of literature to control military affairs is not so narrow-minded that they only want to elevate their own status, elevate the status of scholars, and go to death to belittle military commanders. In fact, many military commanders are also scholars.
Another important reason for this is that they are really afraid of military commanders.
The sword must be in the hands of the generals. If they are not strictly controlled and they disobey orders, it will definitely be a disaster for the world.
This is a lesson from history, not something made up by literati.
For example, those Jiedu envoys in the late Tang Dynasty, seven out of ten were really like animals. Living under their rule would be worse than death.
Strict control over generals is actually correct.
But how to control it is really a very profound knowledge.
Just like now, when Zhong E and others heard Zheng Xie's words, they immediately glared at each other. If we are biased, it will be difficult to implement it, but if you are biased, it will be easy to implement it.
We can also talk about this kind of bullshit!
They thought the verdict was very fair.
Zhang Fei smiled and said: "I was ordered to come here to build the imperial court, which includes the construction of the military imperial court. Of course, this 'construction' does not refer to the renovation of this house, but to the construction of this system. Therefore, I am
You have the right to do this. Scholar Zheng can ask about this after he returns to Beijing."
Zheng Xie nodded and said, "I will definitely find out."
Even so, he probably knew that Zhang Fei had something to gain. The emperor, the political affairs hall, and the people from the trial court were all sitting there. It was estimated that the verdict had already been transmitted to the capital before he returned to the capital.
He left a message here just to go back and argue, because he felt that Zhang Fei had too much power.
Zhang Fei smiled and nodded, and added: "As for the difficulty of implementing those guiding principles just now, of course I will state clearly what situations they apply to, not just a general sentence."
Zheng Xie shook his head and said: "Even if it is written clearly, I think it is difficult to judge. For example, for example, how wide is the tolerance for the frontline combat soldiers, and how much can be tolerated? It is difficult for President Zhang to write this point, so
In the future, someone will definitely use this to get away with their crimes."
Zhang Fei smiled and said: "It seems that Master Zheng is very dissatisfied with my judgment!"
Zheng Xie frowned slightly, and after thinking for a while, he said: "To be honest with President Zhang, I do disagree with him, but President Zhang finally gave his own explanation. It is undeniable that it makes sense, but it is in line with what I am worried about.
, it doesn’t matter. President Zhang can make it clear, but others may not.”
He attended Zhang Fei's class and knew that this man's attainments in law were unique and he felt ashamed of himself.
But what he is worried about is not this verdict, but its impact on the future.
Zhang Fei smiled and said: "Therefore, there is only one president of the military court at present, and that is me, Zhang Fei. No one else can judge me."
Having said this, he looked around and said with a smile: "I believe that during the trial process, many people were impatient and thought why so many people were invited to testify for the same thing. In fact, just pick anyone who participated at the time.
This general will be able to tell you that I am just making things up and deliberately creating suspense."
Suddenly, many people coughed and slightly avoided Zhang Fei's gaze.
Zhang Fei smiled and said: "Don't be embarrassed, this is normal. Maybe everyone present has had this thought."
"Who is embarrassed?"
Guo Xiaofa snorted: "Isn't it?"
Zhang Fei glanced at him and couldn't help but smile, "Anyone who has this kind of idea often doesn't have very high attainments in legal studies."
Your tone is too loud!
The officials of Hezhong Mansion looked at Zhang Fei in surprise.
You must know that legal studies were a compulsory course for officials in the Song Dynasty. Those who passed the Jinshi level had very good attainments in the legal field.
Cai Bian, Ye Zuqia and the others looked like they were watching the fun. The expressions on the faces of these officials were very much like their original selves.
Zheng Xie didn't care. He still recognized what Zhang San said. He just said that Zhang Fei was not a humble person.
But when Guo Xiaofa heard this, his beard suddenly became angry. He was Guo Tixing and said: "Why did President Zhang say that?"
Zhang Fei explained: "Because you have been waiting for the result, you only have the result in your mind, but in judicial trials, the result is not important. If I give a verdict casually, it is also a result.
When it comes to judicial supervision, you tend to work backwards from the results to the process. Once you think the results are unreasonable, you will look for the reasons from the process.
But this is simply putting the cart before the horse, and it is a taboo in the judiciary. If you agree with this result, for example, if I randomly interrogate the trial and then find the deputy deputy guilty, maybe you will not think there is anything wrong with the trial.
You are determined that this should be the case.”
As soon as these words came out, Zhonge, Zhejizu and other generals nodded their heads frequently.
well said!
That's it, their fairness only belongs to the results they want.
Officials such as Lu Gongru, Yuan Jiang, Cai Yanqing, etc. could not help but frown secretly.
If Zhang Fei hadn't said it, they wouldn't have thought it, but when Zhang Fei said it, it seemed like it was really the case.
Only when the result is something they don't agree with, they will look at the process. If the result is something they agree with, they really don't care what means you used.
No matter white cat or black cat, the one that can catch mice is a good cat.
But when combined with the royal court's trial methods, it seems that this is not quite right.
Zhang Fei glanced at them and said with a smile: "But what you agree with is not necessarily right. In this way, people can change the judiciary. You are not worried about this, but you are worried about my guiding principles. In fact,
It’s a bit of a waste of time!
In fact, from a judicial perspective, the process is far better than the result. The result of a fair process is not necessarily just, but it must be fair and just. Justice pursues justice, but it is not fair.
Fair justice is itself wrong."
Zhang Fei, Xu Zhiqian, and Cai Bian have all spoken about this concept.
But it was the first time I said it in public.
It immediately caused many people to think deeply.
really!
Throughout the entire trial process, they have been looking forward to the outcome without caring about whether the process is fair or not, which makes them impatient with the entire trial.
"Let's go back to the question that Master Zheng just asked."
Zhang Fei continued: "Master Zheng believes that although those guiding principles have some truth, they are too general, which will give people an opportunity to take advantage of them, and this opportunity refers to the process of the trial, not the results."
To be continued...