Northern Song Dynasty Justice
Chapter 103 The Law of the Ancestors
Chapter 103 The Law of the Ancestors
Encouraged by Zhang Fei, Feng Nanxi was also full of confidence and fighting spirit. The reason why Zhang Fei asked him to participate was not because he was familiar with the law, but because he was one of the parties involved. Everything, and he went to investigate secretly afterwards.
I have asked roughly before, but this time I mainly asked some detailed questions, which is what Zhang Fei is best at. He often asks some details that others don't care about.
After asking clearly, Zhang Fei showed the more detailed confession to Xu Zun.
I have to say that Xu's father and daughter are really a perfect complement to Zhang Fei.
Xu Zhiqian can provide Zhang Fei with technical support, while Xu Zun can provide him with empirical support.
To figure out how the Northern Song Dynasty government works is not a matter of overnight!
After Xu Zun read it, he still maintained his original judgment, "The most critical part of this case is the box of stones. If evidence can be found, it is possible to overturn the case."
But at this point, he sighed, "To tell you the truth, I have recently read some cases about the Yaqian guards, and many of them are problematic. This is not an isolated case. So... your judgment is Correct, if an investigation is carried out, it will face great obstacles, and according to this confession, they lack witnesses and physical evidence, so they may not be able to find evidence."
Zhang Fei said: "Even if I could, I wouldn't dare to take the risk."
This is already a systemic corruption. If the case is to be overturned, the involvement may be unimaginable. If there is no guarantee, it will definitely be investigated fairly. Zhang Fei dare not take this step lightly.
If not, I might be pulled in by them too.
Xu Zun nodded in understanding.
Xu Zhiqian asked, "Now that you have obtained the support of the University Scholars Wang and Sima, how do you plan to sue the court?"
Xu Zun also looked at Zhang Fei very curiously, "Yes! But no matter who the other party is in a lawsuit, first of all, there must be specific regulations to support your prosecution. I recently looked through the Song Xingtong, but I still can't find a regulation that allows you to sue. You sue the court."
In recent days, he has also been thinking about this issue. Now the people are suing officials, mainly for corruption, and it can even be extended to the entire government.
But to sue the entire court, he really doesn't know how to do it.
The most critical point is that the emperor is the boss of the imperial court. If you sue the imperial court, does that also include the emperor.
Sue the emperor?
This.!
This is indeed suicidal.
Zhang Fei said: "The law of the ancestors."
"The law of the ancestors?"
Xu Zun's father and daughter spoke in unison, but their faces were filled with astonishment.
Zhang Fei explained: "It's the rules set by Taizu Taizong."
When it comes to the "law of the ancestors", I believe that many history lovers are very clear, because the Ming Dynasty often mentioned this saying. Although this saying has existed since ancient times, because Confucianism advocates filial piety, it was rarely used before the Song Dynasty. This speaks volumes.
This is because during the Han and Tang Dynasties, the entire Central Plains dynasty was in a stage of outward expansion.
Under such circumstances, it is impossible to abide by the laws of the ancestors and keep pace with the times. As soon as Emperor Wu of the Han came to power, he changed the previous system and thinking.
What kind of ancestral law, Lao Tzu is the ancestor.
Li Erfeng directly forced his father to step down, and it was impossible for him to abide by his father's rules.
In the Song Dynasty, the Central Plains Dynasty gradually stopped expanding, and the policy began to turn from outward to inward.
The ancestral law actually prevailed in the Northern Song Dynasty, and it was from here that the ancestral law became a systematic concept.
It was Ouyang Xiu who first systematized the law of ancestors, and it was none other than Sima Guang who carried forward this theory thoroughly.
In the process of Wang Anshi's reform, Sima Guang played the banner of the law of the ancestors.
Since Sima Guang, the law of ancestors has become the creed of conservatives.
But for now, the law of ancestors is still just becoming popular.
But the law of the ancestors is not a law after all. In general, the courtiers love to quote it. If you are a penman, citing the laws of the ancestors is outrageous.
Therefore, it took Xu Zun a while to realize, "But this is not a law."
Zhang Fei said: "Although this is not a law, it is better than a law, because even the officials have to obey it. Only by citing the laws of our ancestors can we sue the entire imperial court. Even including the officials, I am justified. According to the evidence, no one will think that I have committed the crime of gross disrespect."
In fact, Zhang Fei thought of this early on, because in those days, when suing the government, the constitution was the best to use. Although there is no constitution now, there is the law of the ancestors.
Xu Zun still couldn't turn around, and he began to think deeply.
Xu Zhiqian nodded straightly and said: "Father, I think Zhang San's plan can be achieved. Don't Fan Gong and others often use this ancestor's law to persuade officials? Since the ministers can use this to restrain the monarch, the common people can naturally This law is to restrain the imperial court."
"What do you know?"
Xu Zun glared at her: "The law is a written regulation, which is very strict and does not allow the slightest deviation. Although there is a saying about the law of the ancestors, it is not a written regulation after all, and no one can say what it is. In the Qing Dynasty, how many people in the world know the laws of the ancestors, if the laws of the ancestors are included in the laws, it will be messed up."
Although he is also good at slanting, he is also a member of the French family.
For example, Fan Zhongyan, Ouyang Xiu, etc. quoted some allusions and policies of Taizu Taizong when citing ancestral laws, collectively referred to as ancestral laws, but if these things were regarded as laws and regulations, the entire judicial system would be ruined.
What about "Song Xing Tong", just read the history books directly.
Zhang Fei said: "The reason why Mr. Engong is worried is because the current ancestral laws are very vague and there are no specific regulations. help justice."
"What did you say?"
Xu Zun was dumbfounded, "You turned the law of the ancestors into specific regulations?"
Zhang Fei smiled and nodded.
Xu Zhiqian blinked, "How is this possible?"
The father and daughter looked at Zhang Fei as if they were insane.
Crazy!
The law of the ancestors, you have a pen to decide?
The emperor and ministers didn't all have to commit suicide.
What are you living for?
Humiliated infinitely?
Zhang Fei smiled and said: "In the court, everything is possible, besides, I understand the law better than them."
Xu Zun asked: "Then tell me, how do you plan to decide?"
Zhang Fei said: "I read some files of Taizu Taizong before, and found that Taizong had issued an imperial edict, 'The former emperor has been in business for 20 years, prevent things, make rules, discipline has been set, and things have their own rules. Be respectful and inherit, dare not go beyond'."
After Xu Zun listened, he stroked his beard and said, "This is indeed the law of the ancestors."
Xu Zhiqian asked curiously: "I also know about this edict, but what does it have to do with this case?"
Xu Zun also looked at Zhang Fei curiously.
This edict is absolutely legal, because it is Taizong's policy of Taizu's, and later he said, "I should respect and inherit it, and dare not go beyond it."
But the thing is, it has nothing to do with the case.
Zhang Fei said: "To sum up, this edict is a policy of preventing corruption. But isn't the current law of servants a corrupt policy?"
Xu Zun thought for a while, and probably understood Zhang Fei's meaning, and said again: "Is this a bit far-fetched?"
Zhang Fei smiled and said: "The logic is not wrong, so it is not far-fetched. Of course, this sentence alone is not convincing. We still need a large number of cases as evidence to prove that our case is a violation of the law of the ancestors. This May need the support of benefactor."
For example, the above regulations of Song Xingtong have specific explanations, such as exemption from crimes caused by causes, which are explained in detail below.
There is no specific explanation for this decree. It is just such a very general sentence. Although everyone understands it, there is no explanation in writing. This is why Xu Zun thinks that this is not a law. If it is regarded as a law, it will be messed up.
But Zhang Fei believed that this had the force of law, and the officials would not dare to disobey it.
However, in this kind of lawsuit, the fight is the right to interpret.
A large number of cases are needed to explain this thing.
There are a large number of cases in Dali Temple.
Xu Zun didn't understand it very well for the time being, but he was also a wonder in the legal and political circles, so he was very curious, could this be fought?
So he agreed.
See how you play.
The old man learns a little first, and I will do the same next time.
(End of this chapter)
Encouraged by Zhang Fei, Feng Nanxi was also full of confidence and fighting spirit. The reason why Zhang Fei asked him to participate was not because he was familiar with the law, but because he was one of the parties involved. Everything, and he went to investigate secretly afterwards.
I have asked roughly before, but this time I mainly asked some detailed questions, which is what Zhang Fei is best at. He often asks some details that others don't care about.
After asking clearly, Zhang Fei showed the more detailed confession to Xu Zun.
I have to say that Xu's father and daughter are really a perfect complement to Zhang Fei.
Xu Zhiqian can provide Zhang Fei with technical support, while Xu Zun can provide him with empirical support.
To figure out how the Northern Song Dynasty government works is not a matter of overnight!
After Xu Zun read it, he still maintained his original judgment, "The most critical part of this case is the box of stones. If evidence can be found, it is possible to overturn the case."
But at this point, he sighed, "To tell you the truth, I have recently read some cases about the Yaqian guards, and many of them are problematic. This is not an isolated case. So... your judgment is Correct, if an investigation is carried out, it will face great obstacles, and according to this confession, they lack witnesses and physical evidence, so they may not be able to find evidence."
Zhang Fei said: "Even if I could, I wouldn't dare to take the risk."
This is already a systemic corruption. If the case is to be overturned, the involvement may be unimaginable. If there is no guarantee, it will definitely be investigated fairly. Zhang Fei dare not take this step lightly.
If not, I might be pulled in by them too.
Xu Zun nodded in understanding.
Xu Zhiqian asked, "Now that you have obtained the support of the University Scholars Wang and Sima, how do you plan to sue the court?"
Xu Zun also looked at Zhang Fei very curiously, "Yes! But no matter who the other party is in a lawsuit, first of all, there must be specific regulations to support your prosecution. I recently looked through the Song Xingtong, but I still can't find a regulation that allows you to sue. You sue the court."
In recent days, he has also been thinking about this issue. Now the people are suing officials, mainly for corruption, and it can even be extended to the entire government.
But to sue the entire court, he really doesn't know how to do it.
The most critical point is that the emperor is the boss of the imperial court. If you sue the imperial court, does that also include the emperor.
Sue the emperor?
This.!
This is indeed suicidal.
Zhang Fei said: "The law of the ancestors."
"The law of the ancestors?"
Xu Zun's father and daughter spoke in unison, but their faces were filled with astonishment.
Zhang Fei explained: "It's the rules set by Taizu Taizong."
When it comes to the "law of the ancestors", I believe that many history lovers are very clear, because the Ming Dynasty often mentioned this saying. Although this saying has existed since ancient times, because Confucianism advocates filial piety, it was rarely used before the Song Dynasty. This speaks volumes.
This is because during the Han and Tang Dynasties, the entire Central Plains dynasty was in a stage of outward expansion.
Under such circumstances, it is impossible to abide by the laws of the ancestors and keep pace with the times. As soon as Emperor Wu of the Han came to power, he changed the previous system and thinking.
What kind of ancestral law, Lao Tzu is the ancestor.
Li Erfeng directly forced his father to step down, and it was impossible for him to abide by his father's rules.
In the Song Dynasty, the Central Plains Dynasty gradually stopped expanding, and the policy began to turn from outward to inward.
The ancestral law actually prevailed in the Northern Song Dynasty, and it was from here that the ancestral law became a systematic concept.
It was Ouyang Xiu who first systematized the law of ancestors, and it was none other than Sima Guang who carried forward this theory thoroughly.
In the process of Wang Anshi's reform, Sima Guang played the banner of the law of the ancestors.
Since Sima Guang, the law of ancestors has become the creed of conservatives.
But for now, the law of ancestors is still just becoming popular.
But the law of the ancestors is not a law after all. In general, the courtiers love to quote it. If you are a penman, citing the laws of the ancestors is outrageous.
Therefore, it took Xu Zun a while to realize, "But this is not a law."
Zhang Fei said: "Although this is not a law, it is better than a law, because even the officials have to obey it. Only by citing the laws of our ancestors can we sue the entire imperial court. Even including the officials, I am justified. According to the evidence, no one will think that I have committed the crime of gross disrespect."
In fact, Zhang Fei thought of this early on, because in those days, when suing the government, the constitution was the best to use. Although there is no constitution now, there is the law of the ancestors.
Xu Zun still couldn't turn around, and he began to think deeply.
Xu Zhiqian nodded straightly and said: "Father, I think Zhang San's plan can be achieved. Don't Fan Gong and others often use this ancestor's law to persuade officials? Since the ministers can use this to restrain the monarch, the common people can naturally This law is to restrain the imperial court."
"What do you know?"
Xu Zun glared at her: "The law is a written regulation, which is very strict and does not allow the slightest deviation. Although there is a saying about the law of the ancestors, it is not a written regulation after all, and no one can say what it is. In the Qing Dynasty, how many people in the world know the laws of the ancestors, if the laws of the ancestors are included in the laws, it will be messed up."
Although he is also good at slanting, he is also a member of the French family.
For example, Fan Zhongyan, Ouyang Xiu, etc. quoted some allusions and policies of Taizu Taizong when citing ancestral laws, collectively referred to as ancestral laws, but if these things were regarded as laws and regulations, the entire judicial system would be ruined.
What about "Song Xing Tong", just read the history books directly.
Zhang Fei said: "The reason why Mr. Engong is worried is because the current ancestral laws are very vague and there are no specific regulations. help justice."
"What did you say?"
Xu Zun was dumbfounded, "You turned the law of the ancestors into specific regulations?"
Zhang Fei smiled and nodded.
Xu Zhiqian blinked, "How is this possible?"
The father and daughter looked at Zhang Fei as if they were insane.
Crazy!
The law of the ancestors, you have a pen to decide?
The emperor and ministers didn't all have to commit suicide.
What are you living for?
Humiliated infinitely?
Zhang Fei smiled and said: "In the court, everything is possible, besides, I understand the law better than them."
Xu Zun asked: "Then tell me, how do you plan to decide?"
Zhang Fei said: "I read some files of Taizu Taizong before, and found that Taizong had issued an imperial edict, 'The former emperor has been in business for 20 years, prevent things, make rules, discipline has been set, and things have their own rules. Be respectful and inherit, dare not go beyond'."
After Xu Zun listened, he stroked his beard and said, "This is indeed the law of the ancestors."
Xu Zhiqian asked curiously: "I also know about this edict, but what does it have to do with this case?"
Xu Zun also looked at Zhang Fei curiously.
This edict is absolutely legal, because it is Taizong's policy of Taizu's, and later he said, "I should respect and inherit it, and dare not go beyond it."
But the thing is, it has nothing to do with the case.
Zhang Fei said: "To sum up, this edict is a policy of preventing corruption. But isn't the current law of servants a corrupt policy?"
Xu Zun thought for a while, and probably understood Zhang Fei's meaning, and said again: "Is this a bit far-fetched?"
Zhang Fei smiled and said: "The logic is not wrong, so it is not far-fetched. Of course, this sentence alone is not convincing. We still need a large number of cases as evidence to prove that our case is a violation of the law of the ancestors. This May need the support of benefactor."
For example, the above regulations of Song Xingtong have specific explanations, such as exemption from crimes caused by causes, which are explained in detail below.
There is no specific explanation for this decree. It is just such a very general sentence. Although everyone understands it, there is no explanation in writing. This is why Xu Zun thinks that this is not a law. If it is regarded as a law, it will be messed up.
But Zhang Fei believed that this had the force of law, and the officials would not dare to disobey it.
However, in this kind of lawsuit, the fight is the right to interpret.
A large number of cases are needed to explain this thing.
There are a large number of cases in Dali Temple.
Xu Zun didn't understand it very well for the time being, but he was also a wonder in the legal and political circles, so he was very curious, could this be fought?
So he agreed.
See how you play.
The old man learns a little first, and I will do the same next time.
(End of this chapter)
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