Daming Yuanfu

Chapter 124 Hai Rui's Transfer (Part [-])
Of course, Hai Rui's "retirement of half of the land" has no legal basis.

If Gao Pragmatic, who studied law in his previous life, judged it, Hai Rui's simple and rude handling method not only has no legal basis, but even flouts the law.Because China has always practiced written laws, not unwritten laws like the later generations of Britain and the United States.

The so-called "unwritten law", to put it crudely, is to judge cases based on certain legal principles and based on past cases.As for statutory law, it is necessary to match the situation of the case bit by bit to the existing legal provisions.

For example, the "Da Ming Law" is a typical statutory law.

The operation of "returning half of the land" has no basis in any legal provisions of Ming Dynasty, so Hai Rui's punishment is of course against the spirit of the law.

However, if Gao Pragmatism is also allowed to judge, he has another half of the conclusion: "returning half of the field" does not violate the axiom in a broader sense.

In other words, the operation itself is illegal, but it does not violate the concept of justice in the broadest sense.

Fairness and justice have never been the same thing.

Take an example that may not be appropriate: the state distributes welfare to the people of the whole country, and each person pays [-] yuan, which is very fair.

But in fact, many rich people may not be interested in taking this mere one hundred yuan at all, while many poor people feel that even if they take this one hundred yuan, they are still poor to death, so they ask the country to give money that should have been distributed to the rich. The money is also brought over and divided.If the country really does this, it is called justice.

No matter how rich the rich are, they can only have one ID card; no matter how poor the poor are, they must have an ID card.This is fair.

Rich people have to pay personal income tax because of their high income; poor people do not pay personal income tax because of their low income.This is just.

Equal treatment without exception, fairness is also.

If there is more than enough damage, but to make up for what is not enough, it is fair.

Hai Rui's rough operation is obviously unfair, because as a representative of judicial power, he should be impartial and discuss the facts, but he directly stands on the side of the disadvantaged. The rich and poor under his rule litigate, even if they It is the rich who have a reason, and most of them will not win the lawsuit.

But Hai Rui has his own reasons. He said: Rather than subdue the poor, he would rather subdue the rich;The thing is to fight for property, rather than Qu Xiaomin, I would rather Qu Township eunuchs to save the disadvantages.It is a matter of arguing about appearance, rather than humiliating the local eunuchs, I would rather humiliate the small people in order to preserve the body.

To put it simply, Hai Rui's thinking in this kind of case of the struggle between the rich and the poor is as follows: in matters related to property, the poor will basically be judged to win, because the rich can afford to lose that little money, and if the poor lose, he may You’re going to starve to death, or you’re going to take a risk; if it’s about face, the rich will basically win, because you’re so poor that you don’t even know how many meals you can have. Why do you think about face?
This is Hai Rui's principle. In theory, it not only ignores the law, but even ignores the normal sense of right and wrong.But the intention of this principle is obvious: to maintain social harmony and stability.

It is precisely because Hai Rui has always adhered to this principle that the people in the south of the Yangtze River call him "South Sea Qingtian", and countless people have painted pictures of him and hung them at home as sacrifices; Officials and gentry hated Hai Rui to the bone, no matter how old they were with Xu Jie, they didn't want to see Hai Rui continue to be "arrogant".

But just now Feng Bao said that Mr. Xu must be the first to come to Zhang Juzheng when something like this happens, which Zhang Juzheng himself knows is wrong.In fact, the first person Mr. Xu found was Chief Assistant Li Chunfang.

Li Chunfang knew that Xu Jie had saved Hai Rui's life, so after hearing the news that Hai Rui had taken Xu Jie's knife, she couldn't laugh or cry, and hurriedly sent someone to send a letter to Hai Rui, asking him to forgive others He is his great benefactor.

Hai Rui was actually prepared for Xu Jie's move.He has always been a serious person, so he also seriously wrote back to Li Chunfang, saying in the letter: Mr. Xu Ge has been in a lot of trouble recently.How did this trouble come about?Don't blame others, only blame his family's frighteningly large property.Moreover, most of his family business came from robbing the common people, so the people were very angry. This is the disaster caused by the rich and unkind.People in Songjiang are treacherous, if the Xu family withdraws half of their land, no one can predict what will happen in the future.Therefore, I let the Xu family withdraw their land, in fact, I was protecting them, and protecting Xu Ge to enjoy his old age in peace.Their family already has so much property, what's wrong with spending money to eliminate disasters?

It's all right now, Hai Rui didn't listen, and Li Chunfang had nothing to do with Hai Rui's statement, she could only stare blankly.In fact, it's not that Li Chunfang, the chief assistant, doesn't have power in his hands, but his personality makes him dare not use such power at will - if you want him to dismiss Hai Rui, he can, but he really doesn't dare, he's afraid Be scolded to death.

But Xu Jie was Xu Jie after all, and Li Chunfang couldn't cure Hai Rui, so Xu Jie simply used his unique skill of "Hiding the Knife in the Mian Li", kept silent in front of his face, and asked others to rule Hai Rui in private.

Who can rule Hai Rui?There is only one kind of person, and that is the speaker who was born to find fault.

On the [-]th day of the first lunar month in the fourth year of Longqing, less than a month after Gao Gong came to power, the criminal department gave Shuhua a briefing on the matter. First, he affirmed that Hai Rui was well-known for his integrity, and that he was worthy of being a direct minister of the generation.But immediately changed the subject, saying that Hai Rui was too pedantic and unsophisticated.Therefore, Hai Rui can be used as a role model of morality, but it is not suitable for important administrative positions.Therefore, he suggested that the court give Hai Rui another position. The position could be higher, but he should not be allowed to shoulder too heavy a burden.

Then, the official department sent a letter to Dai Fengxiang, accusing Hai Rui of selling his fame and ignoring the laws of the country, and all the well-dressed and well-fed families will be tortured.And let the unruly people sue, "fish and meat gentry", forcing the rich to withdraw their land,
Section Chief Shu also heard (Wufeng Note: Section Chief is a common name given by a certain section, it is true, and of course completely different from modern section chiefs.), Jiangnan has already appeared "it is better to grow a fat field than to be thin." "The ballad, the hearts of the people are floating, and the people are fleeing.If things go on like this, the foundation of the country will be shaken.

The firepower of this memorial is quite fierce, and it involves a major issue, that is, Jiangnan's wealth.If Hai Rui is allowed to go on like this, the rich will be liquidated, but the poor will still not be able to pay the rent, how will the country's land tax be guaranteed?Moreover, Hai Rui's brutal behavior, where is the dignity of the country?

Emperor Longqing's handling of matters first depends on the cabinet's proposals, and Li Chunfang has already dared not speak on this matter, so this matter was placed in front of Gao Gong.Zhang Juzheng knew Gao Gong's character very well, and he knew the biggest characteristic of Gao Gong's employment: extremely high requirements on ability, but average requirements on virtue.Therefore, when Zhang Juzheng saw so many memorials to impeach Hai Rui presented this morning, Zhang Juzheng immediately guessed two things.

(End of this chapter)