Font
Large
Medium
Small
Night
Prev Index    Favorite NextPage

Chapter 759: Who is in favor and who is against?(1/3)

Fu Bi is naturally not as domineering and overt as Zhang Chaoxian. Let me say this - after I finish speaking, who is in favor and who is against?

He seemed to be just expressing his opinion. After speaking, he looked at Zhao Pin and the others, waiting for their opinions.

Zhao Pin, Feng Jing, and Sima Guang looked at each other in confusion. What is certain is that they do not agree with Zhang Fei's right to pardon, because preventing the emperor from wantonly manipulating the judiciary is what they have been fighting for, and they have won or lost.

This does not mean that the emperor was able to successfully manipulate the judiciary every time.

Contemporary scholar-officials take this matter very, very seriously.

Because this actually involves a very sensitive issue, that is, "the monarch and the scholar-bureaucrats rule the world together."

Since ancient times, the law has been used by emperors to restrict ministers and is a weapon in the hands of the emperor. Legalism is full of this kind of thinking.

If we want to rule the world together, we must either restrict it or enjoy privileges.

Otherwise, how can we say that we share the world.

Starting from Renzong, it was actually more about sharing privileges, and scholar-bureaucrats who broke the law were dealt with lightly.

Many ministers directly told the emperor that scholar-officials could not be sentenced to such severe sentences.

What's the reason?

The reason is that if you, the emperor, enjoy privileges, then we scholar-bureaucrats must also enjoy privileges.

Therefore, in many historical events, some very upright and principled scholar-officials, including Fan Zhongyan, would unabashedly defend a certain scholar-official at certain moments.

This is a question of power checks and balances, not selfishness or not.

Otherwise, it is not co-governance. There can be differences between us, but the differences cannot be too big.

Therefore, as Zhang Fei said, in many cases, it is the result of gaming, not the result of judicial judgment. The judiciary is just protecting these privileges.

Now that the judiciary has been added as an independent body, the issue has become very complicated.

Because the judicial system and the previous game are very contradictory, we can only choose one of the two, and we cannot have both.

Therefore, even though they were dissatisfied and disagreed, Sima Guang and the others did not angrily rebuke or refute Zhang Fei.

Because Zhang Fei's starting point is justice, he looks at this issue from a judicial perspective. One crime, more than a dozen different orders, regulations, and precedents, how can we govern the country according to law?

Now that the Public Security Bureau has become independent, this problem must be solved, otherwise it will cause many problems.

However, apart from Zhang Fei's suggestions, they could not give a specific answer.

In fact, everyone knows that there is another answer, that is, there are restrictions.

They were willing, but it was impossible for the emperor to agree, so this was not an option.

Therefore, this discussion did not produce a specific result.

Because this is no small matter.

...

Fufu.

"The right to pardon? Haha, I really didn't expect that that kid would actually do the opposite."

Wen Yanbo was also so angry that he puffed his beard and glared: "I just said, how could that kid be so brave this time? It's not like his previous behavior at all. It turned out that he had this idea."

Fu Bi saw his excited expression and couldn't help but joked: "What? Did you think before that he could use this to restrict the officials?"

After hearing this, Wen Yanbo looked slightly embarrassed and sighed: "Perhaps I had too high expectations for that kid. I thought he would be confident if he dared to do this. Maybe he could come up with a very subtle bill.

, I’m not talking about having my cake and eat it, but at least I can be impartial, but I never thought...!”

In fact, he wanted to say it, but without thinking, he just knelt down and raised his hands in surrender.

If you want to do this, you can do it with me!

You said this method is difficult to think of?

No!

It's just that everyone doesn't agree with this, because everyone has always thought about how to restrain the officials, so they don't think about it in this regard.

Fu Bi sighed and said: "To tell you the truth, I was actually very shocked when he said this solution. I even thought he had the rest of the sentence unsaid. But after thinking about it carefully, I realized that this might really be the only solution.

The solution.”

Wen Yanbo immediately said: "How can this be the solution? In the past, if a monarch wanted to protect a certain eunuch, he had to at least pretend to punish him to calm the public's anger. If there is such a bill, he can be pardoned directly. We don't even have to fight.

Fight for the law."

He wanted to say that this was aiding the evildoer.

Fu Bi said: "But most of the time, we are still unable to stop him. Otherwise, there would not be so many edicts. And Zhang San's power of pardon is used after the imperial court's judgment."

Wen Yanbo smiled bitterly and said: "Mr. Fu, you are not so naive as to think that the monarch will save face instead of using this power of pardon."

Fu Bi said: "I think there will be some scruples, and it will be used with caution. If the monarch has to use this power of pardon, then even if he does not have this power of pardon, he will not be able to convict. The reason is that the judiciary has already judged

The other party is guilty, and the public prosecutor's office places great emphasis on evidence rather than ambiguity. Officials have the right to pardon, but everyone in the world knows that you are covering up. This will affect the official's reputation. It is impossible for the official to not consider this.

question."

Wen Yanbo frowned slightly.

Fu Bi added: "In many cases in the past, the monarch could replace the law with edicts, and could arrange for officials to interfere with the trial to help him escape the crime, or to aggravate his crime.

Nowadays, it is difficult for the officials to interfere in the trial, but it is said that the officials can intervene in the final punishment. This can actually maintain the authority of the judiciary."

Wen Yanbo said: "But if there is no punishment, what is the meaning of the trial? It cannot be said that justice is in the hearts of the people. Moreover, when it comes to the issue of the chief judge, the officials already have the right to intervene, so in some major cases, the officials

The family has been protected, and this pardon power will ensure that everything is foolproof!"

Fu Bi shook his head and sighed: "I am not saying that this is a perfect solution, but for the Public Security Bureau and the Legislative Council, this is indeed the only solution.

Judging from Zhang San's case and his confession, in fact, what the Public Security Bureau emphasizes is the rules. Every stroke must be clear. This is why when they watch Zhang Fei's lawsuit, they are often frightened.

The reason is this, because he will not be secretive. This is precisely what justice requires and what Confucianism pursues. A gentleman is magnanimous and has no fear of what others say.

For the public prosecutor, even if it gives officials the power to pardon, it is better than the current vague and specious situation. Moreover, I think this still has certain restrictions for officials.

There is still a big difference between pardon and acquittal."

Wen Yanbo thought for a while and said: "Even if Mr. Fu persuades me, he can't convince the big officials outside. There is no way they will agree."

Fu Bi smiled and said, "Don't you understand that brat's methods? Since he dares to make this suggestion, he must be quite sure that the courtiers will agree to it."

Wen Yanbo asked: "Why?"

Fu Bi said: "Because Zhang San has told them the result. If they don't agree, the result will be death for them all."

Wen Yanbo opened his eyes.

yes!

Officials now face pressure from the public prosecutor and the law, not from the monarch.

If the law is not revised, the procuratorate will have reason to pursue the death penalty. If they do dozens of blows, they will be sentenced to death. Who is really injured?

Fu Bi added: "And if the law is revised, the punishment can be appropriately lowered, and it can still be ensured that the death penalty will not be easily used against officials."

Wen Yanbo thought for a while and said: "I think we should be prepared to take a step back. In this way, both sides will have a step to go down."

Fu Bi asked: "What do you think?"

Wen Yanbo said: "In the public prosecution and law, civil liability and criminal liability must be distinguished. Officials can only pardon criminal penalties, but they cannot pardon civil penalties. Those who deserve compensation will still have to compensate, whether it is for the country or the people."

Fu Bi nodded slightly and said: "I think this is feasible, and the officials have no reason to oppose this."

If the emperor wants to save a person, first of all it must be a big event or involve a big shot. This small matter cannot be brought to the emperor's attention. That is to save his life, not to save a little money. The key is that if you embezzle the country's money, the emperor will also

It makes no sense, I won’t let you spit it out!

...

As soon as Zhang Fei got home, Wang Anshi came to the door.

"I know the intention, and I have no objection to your integration of those regulations and edicts."

Wang Anshi was very curious and said: "But I want to know, how do you plan to do this?"

Although he opposed it in the court, he knew that Zhang Fei definitely intended to use this to integrate these regulations and edicts, and did not really intend to sentence those officials to death, because this would be of great benefit to the public prosecutor and the law.

For officials, it's actually good.

Zhang Fei then told Wang Anshi the idea of ​​​​the right to pardon.

Wang Anshi was also surprised when he heard this, and asked hurriedly: "Then they agreed?"

"Not yet. However."

Zhang Fei shrugged and said: "But I think Fu Gong and the others will agree, because if you want the Public Security Bureau and the Procuratorate to play their role, you must do this. And for the courtiers, the biggest threat at present is from the Public Procuratorate and Procuratorate. If the law is not revised,

If so, the death penalty cannot be avoided, and the imperial court has no reason not to impose the death penalty, which is unacceptable to all officials."

"yes!"

Wang Anshi nodded and said: "For them, the public prosecutor and the law are the top priority."

He deduced a little in his mind and thought that what Zhang Fei said was true and that it was very likely to pass. He suddenly said: "Although corruption is illegal, and corruption during disaster relief periods, it is even more deserving of death, but we
To be continued...
Prev Index    Favorite NextPage