Da Qin: Rebuked the dissatisfied ministers, held the sword towards the emperor at the beginning

"What a great example of the power of the people to act on behalf of heaven!"

Ying Zheng said indifferently: "Qin Qing, what do you think?"

Ying Zheng naturally cares about the people's hearts.

however.

People's support, destiny...

Both are very sensitive things.

I, my ministers, should mention this with caution!
Unless the emperor is weak and mediocre!
But Ying Zheng is indeed an unprecedented domineering king...

The ancestor of the Kong family repeatedly emphasized the people's support, which would offend the sensitive taboo in the heart of the First Emperor.

"His Majesty."

Yin Lie cupped his hands and said: "The words of the ancestor of the Kong family are indeed reasonable. The Minyue murder case affects the overall diplomatic situation and also affects the people of Guanzhong."

Yin Lie did not blindly deny the remarks of the ancestor of the Kong family.

Because these two things are real... things that are happening!

Although Prince Minyue did not appear in the court, many people saw the burning look on Prince Minyue's head yesterday.

at this time.

Yin Lie also insisted that the diplomatic relations between Baiyue and Daqin would not be affected.

It will only make people feel that Yin Lie's pattern is too small.

As for the people's hearts in Guanzhong...

The ancestor of the Kong family took out all the books of the people, obviously because he wanted to show the facts in front of the princes of the court!
How should Yin Lie cope?

it's actually really easy……

He only needs to dig deep into the core point of [public opinion]!
"However!"

Yin Lie said in a deep voice: "The ancestor of the Kong family only talked about the first one and not the second."

"As we all know, the current national policy of Da Qin is based on foreign Confucianism and internal law. That is why the ancestor of the Confucius family can face the remonstrances directly in the court today."

"The so-called foreign Confucian policy framework is to unify the country and govern the family through the Confucian patriarchal system of kings and ministers, fathers and sons, relatives and respects!"

"It's a pity that Kong Bai, the Confucian Confucian clan of Qufu, wanted to use the celestial phenomena to force my emperor to change the national policy!"

"Now there is another ancestor of the Confucius family who brings public opinion to force the judicial ruling!"

"One hand is about celestial phenomena and destiny, and the other hand is about public opinion and people's hearts. From top to bottom, we take care of everything!"

"Let me ask! If Confucianism is allowed to set a precedent and force the judiciary to succeed, in the future, our Great Qin's national policy of external Confucianism and internal law will become the elimination of hundreds of schools of thought and the sole respect of Confucianism!?"

……

no doubt!

Confucianism relies on the royal way and the royal power, and has a strong ability to encroach on all schools of thought!
at the same time!

The Confucian theory of the interaction between heaven and man can legally have the right to interpret the destiny of heaven.

The Confucian patriarchal system and etiquette system are deeply rooted at the bottom of the people.

Weddings and funerals, Feng Shui homes.

It can be said that Confucianism encompasses a person's life in all aspects!
Manipulating public opinion is absolutely easy.

In contrast.

The reason why the ancestors of the Confucian family bothered to write the Book of All Nations was because the influence of Confucianism in Guanzhong was still too small.

If in the Central Plains...

public opinion!

It’s not just a matter of words from famous scholars! ?

As for Yin Lie's earlier advice of vigorously supporting the Yin Yang family and balancing Confucian affairs.

Due to internal reasons in the Great Qin Court, he was always being dragged away.

Implementation and implementation are even more difficult.

Exactly!

Yin Lie can use the fact that the ancestor of the Kong family has arbitrarily manipulated the public opinion in Guanzhong to accelerate the promotion of the Yin and Yang family from top to bottom... to become the leader of all the schools of thought in Da Qin!

"Humph!"

The ancestor of the Kong family snorted heavily and said: "Absurd, public opinion is only for the state, the people's hearts are simple, and the law is adjusted and revised based on the feedback of public opinion. This is definitely the right way here!"

The ancestor of the Confucius family emphasized the four words "the people's hearts are simple and honest".

That is to firmly hold the moral high ground.

According to Confucian people-centered doctrine...

As long as there is no problem with the people's hearts themselves!

The ancestor of the Confucius family just now believed that the power of nature in the people is absolute political correctness.

Public opinion is God’s will!

"Haha! Hahaha!"

Yin Lie sneered and said: "The funniest joke I have ever heard in my life is the saying that people's hearts are honest. I dare to ask all the gentlemen present, will public opinion and people's hearts... be always honest and correct!?"

Guowei Tuju: "..."

Feng Quji, the imperial censor: "..."

Prime Minister Li Si on the left and Wang Wan on the right: "..."

All three men fell into silence.

The Qin Dynasty established its country by force, and Legalism was supreme. It never believed in such nonsense as the people's simple hearts!

Quite the contrary!

It is precisely because public opinion is erratic and volatile that the law is needed to support it!
You can be bad!

But you can't be so bad that you have no humanity or bottom line.

Otherwise the law will punish you...

Confucianism advocates education, benevolence, guidance, and enlightenment.

Therefore: Confucianism insists that the people's hearts and minds are always honest and correct.

to be honest.

This is still the difference between the initial core arguments of Confucianism and Legalism, which ultimately led to two completely different results.

Human nature is evil, only the law can control it!

Human nature is good, only benevolence leads to it!

The difference between Confucianism and Legalism!

The difference is clear!

"Qin Yucheng, I remember that you personally said before... Lord Shang's arrogance and the harshness of Qin's laws."

The ancestor of the Confucius family used his method to repay the other person: "After all, the law is not perfect, let alone omnipotent. Just because it is human beings who commit crimes and human beings who are judged, it is natural that the temperature of the human heart must be used as the basis for the law. Make amends and corrections for imperfections.”

"In the Minyue diplomatic murder case, the criminal daughter of the Yinyang family secretly researched the so-called new pill-making medicine and killed the younger brother of the Minyue prince. This not only affects the diplomatic friendship between our Daqin and Baiyue, but also affects too many lower-class civilians. remembered……"

"Their newborn child, the father suffering from an old disease, and the mother who has worked hard all her life have all probably been persecuted by wandering doctors!"

"As the saying goes, murder must be punished with life. It is a matter of course that the laws of our country, Da Qin, should provide an appropriate response to the simplest demands of the people!"

"And this is my Confucian people-oriented judicial philosophy..."

"It has nothing to do with bringing public opinion to force the judiciary, but using people's hearts to make up for the coldness and deficiencies of the law!"

……

The ancestor of the Kong family made two objections at once.

First: He concluded and created the Confucian people-oriented judicial concept, which needs to be based on public opinion and assisted by the law to better manage and serve the general public.

Second: Re-emphasis on the demands of public opinion. Killing one person will determine the hearts and minds of the people. This is a good deal!

have to say.

The ancestor of the Kong family is under the pressure of Yin Lie step by step!
It can be said that you become stronger when you are strong!

All the officials and officials around him began to discuss.

"Evenly matched, evenly matched! Both men's arguments are very interesting. Qin Yucheng accused Confucianism of being too lenient. It is both a matter of celestial phenomena and destiny, and of the people's will. From top to bottom, Confucianism is indeed a bit too rounded!"

"But then again, the law is indeed not omnipotent. At certain times, there seems to be nothing wrong with responding and compromising appropriately to public opinion, right?"

"Haha! I don't think it is a good decision to introduce the so-called people-centered concept into the judiciary... Public opinion is fickle and manipulable after all. Qin Yucheng has long said that the Confucian patriarchal system is the best at deceiving public opinion!"

"Yes! If according to what the ancestor of the Kong family said, [people-based justice] is really going to be implemented, wouldn't our Da Qin's foreign-Confucian internal legal framework become the Confucian one-word hall!?"

"Let me be fair. In the long run, it is definitely impossible to implement people-based justice! But using the Fujian-Vietnam diplomatic murder case as a special case, it is quite possible..."

"I would not recommend a special case of judicial trial that does not focus on exhibits, testimonies, and evidence chains!"

……

Among the hundreds of officials and nobles, those who only judge matters according to the law.

Yin Lie had the support of most civil servants.

General Junwu is not very able to intervene on this issue. After all, it is a bit complicated.

If strictly based on the testimony: the condition of the foreign businessman's father has improved, and Xia Yue'er was not at the crime scene that night at the inn.Evidence: The properties of the new pill-making drug have a fatality rate, but in reality, there are no other options for patients with heart disease. This makes the new pill-making drug still worthy of the title of "good medicine". After all, it gives patients a way to survive.

Third-party evidence: that is, the evidence component analysis of Xia Wuji, the chief physician of the palace, and some insights into the old case of Xia Yuer'er's father...

In summary.

If the ruling is made strictly in accordance with the current chain of evidence.

Even if Xia Yue'er has to be punished, it will definitely not lead to death.

The basis for the punishment is... When researching new pill-making drugs, they did not report it to the government for filing, nor did they report the specific situation at all times, and there was no permission for the use of the drug.

Something happened now.

To say that Xia Yuer has no responsibility at all...

It is indeed unjustifiable.

Fortunately, Xia Yue'er was from the Yin Yang family. As long as Donghuang gave him proof that Xia Yue'er was a disciple of the Yin Yang family's Jin branch, and Yin Lie's status as the most popular person before the First Emperor's arrival.

I want to make this matter a big deal and turn it into a small matter.

It's still operable.

The only obstacle is...

The debate between Yin Lie and the ancestor of the Kong family between public opinion and justice!

Who can win in the end!
Who can directly determine Xia Yuer's life and death!

After all, according to the public opinion of the ancestor of the Kong family, Xia Yuer'er will never escape the death penalty of being cut in half.

And the procedural justice of the law is based on testimony, evidence and evidence chain.

If Yin Lie works hard, there's nothing wrong with keeping his little maid.

Upper position.

Ying Zheng frowned slightly and said: "Qin Qing, you did say before that Shang Jun's biggest problem is that he is too arrogant and has not taken into account public opinion at all... Now Kong Xian has put forward the concept of people-based justice. Although the matter is huge, , but it seems okay if we just make an exception for the Fujian-Vietnam diplomatic murder case!"

The emperor judges the public with public opinion!

Consider the overall situation of the country.

It is indeed the safest way to make an exception and adopt the so-called people-oriented judicial concept to convict Xia Yuer.

Even if we put aside the turbulent public opinion in the country...

The younger brother of the Prince of Minyue died in Xianyang.

Da Qin had to hand over someone who took the blame.

If it weren't for Xia Yuer...

Then Ying Zheng needs to pick an unlucky guy from Jiu Qing Dianke's subordinates!
Anyway, Ying Zheng has already thought of various measures to stabilize Baiyue, including the specific murderer, consolation compensation, autographed credentials, etc.

As for whether to push out Xia Yuer or one of Jiuqing Dianke's subordinates...

Ying Zheng actually prefers to protect the people around Yin Lie.

But he is the emperor after all, and his direction cannot be too obvious.

Ying Zheng needs Yin Lie to give him more reasons!

At this time.

"His Majesty."

Yin Lie cupped his hands and said: "I did say before that Lord Shang is arrogant and needs to get closer to the people so that the law can truly serve the general public!"

"But! The concept of judiciary consideration, reference to public opinion, and the concept of putting public opinion first...

"They are two completely different things!"

……

Yin Lie pointed out very intuitively!
What the ancestors of the Confucius family said about using another person's way to repay the other person's body is simply taking it out of context!
The misinterpretation of what he said before was outrageous!
Justice itself needs to change with the transformation of war into governance.

Shang Jun's justice is military law!

It is not suitable for a unified and prosperous age.

then.

Yin Lie proposed that the judiciary can make specific and appropriate corrections by referring to public opinion.

Finally, the separation of justice and military law was realized in Da Qin.

In contrast, look at the people-oriented judicial philosophy of the ancestors of the Confucius family!
to be honest!
From Yin Lie's perspective as a time traveler.

The so-called people-based and state-centered approach is actually modern democracy/ism!
However, democracy and justice are two concepts that are simply impossible to be compatible with!

"Your Majesty, gentlemen."

Yin Lie gave a slight salute to Ying Zheng, and then he looked around the temple and said, "During the Spring and Autumn Period, the famous Three North Straight Bow Case occurred!"

"First, let's talk about the case of Zhi Gong: There was a man named Zhi Gong in the Chu State. His father broke the law by stealing sheep. Zhi Gong chose to report him. The government caught his father and needed to be executed according to the law. Zhi Gong requested to be punished on his father's behalf."

"Zhi Gong said: If your father steals a sheep and pays homage to it, don't you believe it? If your father punishes it and replaces it, then it is not filial. If you believe and be filial and then punish it, the country will not punish him?"

"After the King of Chu heard about this, he ordered that Zhigong's father be exempted from the death penalty."

"But our Confucius was quite disapproving of this matter. Confucius believed that father and son should hide from each other, which is a more upright moral character!"

"The people of Lu all cheered for Confucius's words..."

……

The Zhi Gong case is definitely very famous.

Abide by the law and be filial!

Both public and private ethics are impeccable!
But according to the Confucian concept of benevolence and righteousness, Confucius believed that filial piety is greater than the law, and private morality is higher than public morality...

That is to say, the affection between father and son. It is human nature for relatives to hide from each other.

The common people also take this seriously.

This is the crux of public opinion.

It’s too easy to put worldly sentiments above legal justice!

"Next is the Mikita case!"

Yin Lie continued: "There was a deserter in Lu. He fled three times in three battles. Confucius caught him and asked him. Now I have an old father and mother who want to support him, so I fought three times in three north."

"Confucius did not think that he was cowardly, nor did he punish him with military law. Instead, he praised his filial piety and exempted him from punishment."

"Haha! Let me ask you, if there are soldiers who have fought and fled three times in our Great Qin, how will they be punished?"

……

Yin Lie looked directly at Tu Ju, the captain of the Three Dukes!
His last words...

He asked Tu Ju.

"Military law is like a mountain. You should show it to the public and serve as a warning to others!"

Tu Ju told the Qin Dynasty’s punishment for deserters without hesitation!
In summary.

It can be seen...

Military law is justice, and it is destined to be less flexible and more stringent.

Because military sentiment is greater than heaven!
No room for discussion!

But after the peace period.

If the people want to live a stable life, the law must release some elasticity and cannot make the strings too tight!

Therefore, the laws were adjusted with reference to public opinion.

At last.

Let’s look at the people-oriented judicial philosophy of the ancestors of the Kong family through the Sanbei case and the Zhigong case...

"Very good! The captain's answer is very consistent with the military laws and regulations of our Great Qin!"

Yin Lie turned to look at the ancestor of the Kong family again and said: "If everything is handled according to public opinion and benevolence and filial piety!"

"There will be no punishment for those who stay close to each other, and there will be no punishment for those who desert and serve in filial piety!"

“It’s no wonder that the Lu Guoguo perished early!

"For such a pedantic country, it is simply unforgivable to survive!!"

……

Yin Lie's last words came out!

It instantly turned into a murderous act!
The land of Qufu!

It was the old capital of Lu State...

Nowadays, the Kingdom of Lu is gone, but the Kong family in Qufu still lives a very comfortable life, and is even able to oppose the most famous person before the First Emperor in the court of Qin Dynasty!
Yin Lie actually wanted to ask...

Is this the benevolence, filial piety, loyalty, and righteousness that your Qufu Kong family upholds? ?

"Qin Lie!!"

The ancestor of the Kong family let out a low roar that instantly echoed through the entire Zhangtai Hall!

The explosive atmosphere above the temple!
Get to the next level immediately!

... (end of this chapter)