Chapter 1129. Three ways to guide public opinion and create rumors.
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I saw Zhao Junchen pretending to be an academic discussion, flipping through several works of Yang Xun, while asking: "In the eyes of juniors, the content of these works of yours, Yang Daru, can be summed up in about five
point;
First, the court should formulate comprehensive and detailed legal provisions to regulate the behavior of the world, so that every move of the world can be followed by law; second, everyone is equal before the law, and officials and citizens should be equally guilty; third, the law must not only
To restrain the world, we must also restrain the government and the court; fourth, the court and the government should not interfere with the normal execution of justice; fifth, for the people, everything is possible if the law does not prohibit it, but for the officials, nothing is allowed unless the law allows it.
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Regarding the five points summarized by this junior? Yang Daru, do you have anything to add?"
Hearing what Zhao Junchen said, Yang Xun was immediately surprised. The two disciples Jiang Chun and Jiang Zheng behind Yang Xun looked at Zhao Junchen in disbelief.
This is the first time that Yang Xun has seen someone who can summarize his own ideas so accurately and comprehensively. Even several of his disciples cannot do this.
Even after reading Yang Xun's works, the vast majority of readers are unable to understand what Yang Xun really wants to express.
As a result, Yang Xun's expression suddenly became solemn, and he was vaguely excited. He nodded immediately and said: "That's it. Zhao Gechen has good vision and wisdom. Even I myself can't sum it up better."
Zhao Junchen first smiled and said: "Yang Daru, you are overly complimentary. This junior just had some insights after reading these few works of yours, so I am more attentive."
Later, Zhao Junchen's expression returned to seriousness and he continued to ask: "If we further summarize these five points, can it be said that...the imperial decree is more important than anything else, and it is the only criterion for government and people to act, and it is also the rule of the world.
The foundation of herdsmen?”
Yang Xun nodded again, and then quietly waited for Zhao Junchen to express his opinions, also looking like he was concentrating on academic discussions.
Under Yang Xun's gaze, Zhao Junchen also slowly expressed his opinion: "But in the eyes of the younger generation, the stability of the government and the opposition, and the peace and well-being of the people are more important than anything else. The laws of the court are the priority for the government and the people when they act, and they are also the rule of the world.
The most important pillar of the herdsmen!”
Yang Xun's expression suddenly changed. Of course he could understand the profound meaning of Zhao Junchen's words.
The arguments of the two people seem to be very similar, but in fact they are very different.
In Yang Xun's view, court decrees are more important than anything else, because once complete and fair laws are successfully implemented, it means stability for the government and the public, and peace for the people;
Zhao Junchen, on the other hand, said that the government and the opposition are stable and the people's well-being is above all else, which means that Zhao Junchen believes that the two are not the same thing. Even if the court decree is perfect, fair, and can be executed smoothly, it does not mean that the two are not the same thing.
The government and the public are stable, and the people live in peace and contentment.
In Yang Xun's view, court decrees are the only guidelines for officials and people to act, which means that everything must abide by the laws. However, Zhao Junchen believes that court decrees are the priority guidelines for officials and people to act, which means that officials and people must abide by the laws.
There is more than one rule, and court decrees can be completely ignored under special circumstances.
In Yang Xun's view, the court decrees are the foundation for the herdsmen to govern the world, and the foundation is indispensable. Without the foundation, the house will collapse immediately, while Zhao Junchen believes that the court decrees are the important pillars for the herdsmen to govern the world. If the house loses
Although the pillars will eventually become a dangerous building, they may not collapse immediately.
After understanding these differences, Yang Xun also understood Zhao Junchen's general philosophy.
Obviously, in Zhao Junchen's eyes, court decrees are only a necessary means. Compared with economic development, political governance, military warfare, popular control and other means, this means has no higher priority, although it is indispensable.
, but not unique.
So, Yang Xun immediately shook his head in denial and said: "I have been living in Yunnan and Guizhou for the past ten years, and I have realized that the chaos in Yunnan and Guizhou is continuous because of the imperfect laws and inadequate implementation. As long as the laws are perfect and smooth,
If implemented, any conflicts and chaos I have seen over the years will cease to exist, the situation between the government and the opposition can be stable, and the people can live in peace and contentment. This is an important reason why I have gradually changed my views in recent years!
After discovering this situation, I read through the history books and reviewed the rise and fall of the past dynasties. I also discovered that the reasons for the decline of the past dynasties were all due to imperfect laws and insufficient implementation!
I can probably guess what Zhao Gechen is thinking. I am afraid that in Zhao Gechen's eyes, although the law is very important, it is not more important than military, financial and taxation, official administration and other matters. Sometimes, for the smooth implementation of military, financial and taxation, and official administration, laws and regulations can be completely ignored.
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Oh, many great Confucians think that I am a Legalist, but Zhao Gechen’s concept is the real Legalist, and he just regards laws and regulations as a tool!
But I believe that everything in the world, whether military, financial, taxation, official administration, etc., should be subject to the constraints of laws and regulations. Acting with laws and regulations as the only criterion, you must not go beyond one step, otherwise it will be illegal and severely punished.
If you can do this, you can even make a dynasty prosper forever!"
Then, in order to support his point of view, Yang Xun began to discuss the lessons of the rise and fall of past dynasties incessantly, and his logic was very clear.
Why did the Qin Dynasty fall? Because it did not spare the people's power, so relevant laws and regulations should be formulated to restrict the evil behavior of the government that repeatedly consumed the people's power;
Why did the Han Dynasty fall? The powerful ministers, relatives, and military towns cannot lose their power, so relevant legal conditions should be formulated to restrict the unlimited expansion of the power of powerful ministers, relatives, and military towns;
It is said that "the Lord cannot be angry and raise an army, and a general cannot be angry and go to war." However, since ancient times, they have only said it verbally. There are countless cases of anger and army leading to the destruction of the country. Therefore, relevant laws and regulations should be formulated to clearly stipulate what should be done.
Only under normal circumstances can troops be mobilized to start a war;
In short, in Yang Xun's view, as long as everything has laws to follow, it means eradicating all evil causes. If there are no evil causes, there will naturally be no evil consequences. Then there will be peace and prosperity, and then the people will live and work in peace and contentment.
After An Jing listened to Yang Xun's argument, Zhao Junchen shook his head and said: "Yang Daru's concept is perfect in theory, but it is just a theory, and the actual implementation is another matter! And the juniors
Regarding these views of yours, Yang Daru, I have three questions in total, and they are all related to actual implementation!
First, is the formulation and implementation of court legal provisions an end or a means? If there is a way to better maintain social stability, enhance national strength, or contribute to the well-being of all people, but this method violates
Should the imperial decree be implemented?
Take Guangdong and Guangxi as an example. You also know, Yang Daru, that the land in Guangdong and Guangxi is barren and the people cannot survive just by farming. Therefore, many people are secretly involved in smuggling. But no matter what dynasty or generation, smuggling has
All will violate the imperial decree. Under such circumstances, if you, Yang Daru, are an official in Guangdong and Guangxi, do you want to strictly implement the imperial decree, restrict smuggling of people in Guangdong and Guangxi, and then watch the people starve to death? Or should you ignore the imperial decree and turn a blind eye?
One eye allows the people of Guangdong and Guangxi to survive by relying on illegal means?"
As Zhao Junchen asked this question, everyone present's expressions changed slightly and they all fell into deep thought.
After Yang Xun thought for a moment, he said: "The imperial decree should be in line with the actual situation and benefit the people, rather than restrict their survival. Therefore, if the people of Guangdong and Guangxi cannot survive without smuggling, then laws and regulations should be formulated to allow the people to go to sea to make a living. But
Detailed guidelines for people to go to sea to make a living must be stipulated in detail, and the overall interests of the imperial court must not be harmed!"
Zhao Junchen nodded first, then shook his head, and said: "This is the second question of this junior, that is, laws and regulations at any time are inseparable from two shortcomings. One is the delay of these laws and regulations.
Second, in many cases, the more complete and complex legal texts are, the more conflicting loopholes there are! Once the big loopholes are plugged, small loopholes appear!
In a situation as complex as that of Guangdong and Guangxi, it will take at least one or two years to formulate complete legal provisions. With such a long delay, the people would have starved to death! After the laws are enacted, loopholes will be exploited.
There are more situations.
To give another example, the people in western Shaanxi and Gansu have always been fierce, and there are many horse bandits and bandits. These bandits and horse bandits are all equipped with strong bows, so they have an advantage when they rob the people. However, the imperial court has always been
The common people are not allowed to be equipped with strong bows. Under such circumstances, should the common people break the law to protect themselves, or should they just sit back and wait for death?
If, as Yang Daru said, the imperial court should formulate matching legal provisions to allow the people to use strong bows to fight back horse bandits under certain circumstances when necessary, not to mention that after the relevant laws are formulated, the people may have already
I have been robbed by horse bandits countless times... But if a commoner kills people with a strong bow and insists that he just killed the horse bandits, how should the ruling be made? How can the provisions here leave no loopholes?
?Or is it that the more provisions there are, the more flaws there will be?"
After a pause, Zhao Junchen continued: "The delays and loopholes in legal provisions are not only reflected in the specific implementation, but also in new things! The birth of any new thing, as long as it is beneficial and possible
New crimes will arise, but it will take time for the court to discover these crimes, and it will take even more time to formulate relevant laws and regulations... But until the relevant laws and regulations are formulated and perfected, are we going to sit back and watch these crimes continue to appear? No matter what
By criminals and others walking free?
For example, before the rise of the Jianzhou Jurchens, they had always paid tribute to the imperial court, and merchants could exchange goods with the Jianzhou Jurchens without violating the imperial decree. However, as the Jianzhou Jurchens became more and more powerful and ambitious,
The Ming Dynasty has threatened me, but has not completely broken the relationship. Under such circumstances, should the court prevent the merchants from communicating with the Jianzhou Jurchen?
If we don’t stop it, will we have to watch the merchants join forces with the enemy? But if we stop it, does it violate Yang Daru’s two views that ‘the court cannot interfere with the execution of laws’ and ‘people’s laws are all permissible without prohibition’?”
This time, Yang Xun was silent for a long time, but never answered.
Regarding the loopholes and delays in legal provisions, even later jurists did not have many solutions. Although Yang Xun had vision and wisdom beyond his time, it was too difficult for him to find a solution immediately.
In later generations, there was a crime in China called "crime of endangering public safety". The existence of this crime has always been hated by legal scholars, because this crime is a "pocket crime". Any crime that does not clearly violate the law but does
Practices that have indeed caused adverse effects can be punished as "crimes of endangering public safety", but this situation obviously violates legal concepts.
However, Zhao Junchen believes that the existence of this kind of "pocket crime" is very necessary. Otherwise, before the relevant legal provisions are perfected, crimes can only be allowed to spread and criminals go free, which will inevitably lead to even worse consequences.
Seeing that Yang Xun couldn't answer, Zhao Junchen didn't bother and just asked his last question.
But this question is even more heartbreaking than the previous two questions.
Just listen to Zhao Junchen say slowly: "Junior has one last question, and it is also the question that I most want to know the answer to!
In this world, there are many things where the original intention and final result are completely opposite, which is why there is a saying of "good intentions lead to bad things"... So, does this also happen with the law?
For example, after the legal provisions are gradually improved and complicated, the original intention is clearly to pursue fairness and justice, but will the final result be to favor those with power?"
Yang Xun's body was shaken, and he stared at Zhao Junchen with a pair of old eyes, asking: "How could this situation happen? Stop talking nonsense!"
Zhao Junchen concluded: "But in fact, such a situation must occur! Because the more complex and complete the legal provisions are, the more difficult it is for the people to understand. In this case, everyone can only turn to people like Yang for help.
A master like you, Da Ru, who specializes in legal provisions...
But not all experts who are good at legal provisions are like you, Yang Daru, who treat officials, civilians, rich and poor equally. The one with the highest price must get it! In this way, ordinary people can only act like they have no clue when they encounter problems.
They are like flies swarming around, but the rich and powerful people will have the guidance of experts to find loopholes in the law, and then either get away with it or make money, and naturally they will take advantage!
Yang Daru, as the saying goes, everything in the world is beneficial, and everything in the world is turbulent, and I dare say that such a situation will definitely happen!"
In later generations, it was believed that the laws of the United States were the most perfect, and among various laws in the United States, the tax law was the most perfect.
But what is the result? The top wealthy people in the United States can hire top lawyers to tailor their plans at high prices, and use various methods to evade taxes. It is often the case that the amount of tax paid by billionaires is less than that of ordinary teachers and firefighters.
, and ordinary people cannot afford to hire lawyers for help, so they can only pay taxes honestly. The result is that the rich take advantage of this legal game!
Not to mention the famous Simpson murder case. Everyone knew that this man was the real murderer, but because he was a millionaire and could afford to hire a top lawyer, he could be acquitted.
Before Zhao Junchen traveled to this era, he had heard a funnier news, that is, an Arab prince forced a woman to have sex in the UK. However, in the end, the British court ruled that all this was just "accidental entry after slipping."
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No matter how the jurisprudence itself claims to be fair, the reality is that in the absence of external pressure, the rich and powerful will always take advantage when the law is enforced, while the powerless will only suffer.
No matter in ancient or modern times, at home and abroad, this has always been the case!
Seeing that Yang Xun was lost in thought again, Zhao Junchen did not let it go, but asked three questions in a row again: "Actually, before discussing these issues, I think we should first discuss the other three issues - first, if
When there is a conflict between theory and reality, is the theory wrong? Or is the reality wrong? Secondly, which of the two is more important, the justice of the result or the justice of the procedure? Finally, does the law serve the world, or does the world obey the law?
In the eyes of the younger generation, if these three premises cannot be understood, this discussion will not be able to reach a conclusion at all!"
In the end, Yang Xun was still unable to answer Zhao Junchen's question, and just asked: "So, compared to my ideas, or even compared to Confucianism, Zhao Gechen actually prefers Legalism in his heart?"
After Zhao Junchen thought seriously for a moment, he shook his head and said: "No one is inclined. The younger generation still has the same attitude as before. Whether it is Yang Daru, your concept, Legalism, or Confucianism, they are the principles, pillars, and pillars of the imperial court's governance of the country.
One of the effective means, but not the only one... Yang Daru's concept is too idealistic."
This time, Zhao Junchen told the truth.
In Zhao Junchen's view, "law" itself is an overly idealistic concept. If it can be fully realized, it will definitely be a blessing for the people of the world.
But the actual situation is that no matter throughout the ages, no country has completely complied with legal concepts.
Still using the so-called "lighthouse" of later generations, the United States, as an example. The president and governors of the United States all have the power to pardon. No matter what kind of crime is committed, as long as they are given enough benefits, they can be absolved. Is this legalism or legalism?
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Previously, Yang Xun believed that relevant laws should be enacted to restrict rulers from waging war at will. This is exactly what the United States has done. Therefore, the president does not have the power to declare war. This power belongs to Congress. However, the reality is that since World War II, the presidents of the United States have
Congress can always be bypassed, and wars are fought almost every year! In such a situation, is it legalism or legalism?
Therefore, the reality is that legal theory is very beautiful, but everyone actually values Legalism more and prefers to use Legalism methods.
When reality and theory conflict, no matter what others think, Zhao Junchen will choose to believe in reality!
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Second update!
The issues in this chapter are also things that Chongzi has never been able to figure out. Everyone is welcome to discuss them.