"Chen'er, do you sometimes doubt that you are only three years old? There are many things that you don’t understand when you are your age.
In this case, what do you think of the current Legalism and the rule of law in Great Qin? Do you think it's too harsh?
Fusu and the Confucian scholars all felt that the current laws of the Qin Dynasty were too strict and restricted the people too much. The Six Kingdoms even claimed that the Qin Dynasty was a violent Qin, and the people of the Six Kingdoms even feared the Qin Dynasty like a tiger."
"This is Confucian nonsense! The stupid people of the Six Kingdoms just want to rule for themselves."
Ying Zheng:………………
Why don't you be so vulgar?
But it's a good description
"Dad, if you want to know a civilized and advanced country, one of the most important assessments is how much do the people in this country know about the law?
Women and children all talk about Shang Jun's methods!
I’m afraid this is what Confucianism wants to express! But this is all a Confucian routine. Starting from Shang Yang's reform, our Great Qin has gradually become a country with open laws and strict laws. Compared with the other six countries, the civilization of Great Qin is already quite advanced.
Confucianism is an idea without any sense of law. If Confucianism is really used to govern the country, then because of this idea, the country will completely become a country without the concept of rule of law.
It is a Confucian"rule of man" rather than"rule of law".
Of course, if our country, Da Qin, enacts laws but does not strictly enforce them, it will become a rule of men.
There are two reasons for this result.
First: Inconsistency in law enforcement is a taboo. How can people be convinced by a law that is fundamentally unequal? Who will take it seriously? There are a lot of things happening in the six countries today that I won’t go into details here. The things those powerful people have done and the"punishment" they received have proven that many laws are a piece of waste paper in the face of power!
Second: Common people have no awareness of rights protection, because"rights protection" is simply empty talk. Since the people do not trust this"law" at all, they can only try their best to avoid the"law". For example, if they have any difficulties, they should seek help immediately. Relationships go through the back door. If you can use money to solve it, use money. If you can't use money, you have to use your own life. This is a helpless move and the beginning of a country's tragedy.
It has always been said that laws are imperfect, but no country has ever said that there are too many laws! why is that?
This is because the more detailed the law, the better it can protect everyone's legitimate rights and interests.
Dad, I still remember a little thing.
A small official guarding the granary.
Because it rained heavily at night, all the food was found to be moldy the next day.
According to the detailed punishment regulations of Qin Law, the penalty imposed according to the regulations will be a fine at most.
And what if there is no such legal provision?
Then it depends on the face of his superior official. If the superior official is in a bad mood, it is possible to have him beheaded, so he may have to immediately rely on connections, talk favors, and give big gifts to get relief from his superiors.
It can be seen here that the lack of detail in the law leads to an increase in the element of"rule by man" because there are no provisions and law enforcement officers can only enforce the law based on their own understanding. This increases unnecessary culpability for the perpetrators. Take risks.
The punishment is obviously a fine, but there is a possibility of death.
If his superior happened to have a grudge against this person, would he avenge his personal grudge and directly kill the official?
If there were corresponding laws, would superiors still dare to avenge private vengeance? Naturally, I didn’t dare.
This is why the more detailed the law, the better it can protect the safety of ordinary people."
"Well said, the reason why Daqin is as strong as it is now is because we not only have mature laws, but also judicial organs established in accordance with the rule of law, which pay great attention to evidence in the process of handling cases. Such a system is very meaningful for the correct trial of cases"
"This is true. I have previously studied the judicial process of the six countries. In comparison, my country, Great Qin, is the most complete and the best.
The judicial system of Da Qin encourages us to obtain the facts of the case through normal trials, and only resort to plundering if we cannot obtain the facts of the case normally.
Da Qin divided the results of the trial into three categories: the first category is"Shang", that is,"the best is to be able to follow the words in writing and to obtain favors without flogging." That is, those who can obtain oral confessions without flogging are considered to be the best."superior".
The second category is"Xia", that is,"beating and plundering are under", which means that the case is"under" when torture methods such as whipping and robbery are used during interrogation. The third category is"defeat"",""Fear of failure" refers to"defeat" when the facts of the case are clarified through the use of intimidation.
The entire trial process is divided into three steps: 1. Listen to the parties' statements and do not interrupt them even if they know that the parties have made false statements;
2. Question the conflicting statements of the parties in the record and make further records;
3. For those who have changed their confessions many times, or those who refuse to explain the case, they will be tortured with the consent of the judicial officer.
After that, there will be a verdict.
Also called reading. After the judgment, the judgment must be read to the parties, which is called reading. After reading, if the parties accept the judgment, the execution of the judgment will begin; begging: if the parties are not satisfied with the judgment, the parties can request a review, which is called"begging". Begging can be done by the parties. You can file it yourself, or you can have a relative of the person involved file it on your behalf, but it must be filed after the verdict.
This trial method is already very complete, and there is no need to make any changes for the time being."
Having said this, Zhao Chen was also extremely impressed.
This set of judicial procedures even has many similarities with previous lives. Western civilization only established this mature legal procedure one thousand and hundreds of years later.
The Qin Dynasty surpassed them for more than a thousand years. It was this mature legal system that allowed the Qin Dynasty to ensure that the country was in order and became a clear and clear country compared to the six countries.
This is the fundamental reason why Da Qin is different from the Six Kingdoms
"I didn’t think about it, Chen’er. In the past three years, you have been naughty and mischievous, sleeping in class and angry with the teacher. I thought you were embarrassing your big job, but I didn’t expect you to be showing off to me!
It seems like you are working hard in private! Leaving aside everything else, you have an extremely thorough study of the governance concepts of Da Qin and the Six Kingdoms.
It seems that Chen'er you admire Legalism very much!!"
"Not really, I just agree with many of the ideas of Legalism.
Confucianism even slandered Legalism for advocating farming and war, prohibiting poetry and writing, and prohibiting business, which brought war to the people and was a fool.
This made me laugh.
If there were no war in this world, there would be only one possibility! Unify!
If this is not possible, then the war will never end.
And what"peace and unification" rely on is not the"benevolence" and"conscience" that Confucianism calls, but the strength of one's own country. Only when one has strong strength, other countries will not dare to invade, and Confucianism That rhetoric is just the self-comfort of the weak."
"Okay, that's good, Zhao Gao, write it all down and let Fusu take a good look at it then!!"
"The slave takes orders!"
Actually, Zhao Gao started recording it as soon as Zhao Chen started talking. He thought in his mind that this would be a good opportunity for him to curry favor with the young master.
As expected, the king was so happy that he cheered again and again!
Thank you to the big guys for the flowers. Thank you to the author.!
Also continue to ask for flowers, monthly tickets, and various data!!!
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