Spring and Autumn I Am King
Chapter 1175: amnesty
"The national law was drafted, so there are no detailed provisions on revenge in "Zhao Lu". In this court trial, with reference to similar provisions, the one related to revenge is "Murder at the End of Time". Murder should be punished according to the crime of 'killing for the sake of it', 'to kill the murderer with a blade, beheaded'!"
The square outside the Dali Temple, named "Thorn Court", is named after the system of the Zhou Dynasty: Da Sikou listens to the prison under the thorn wood, which is the place where cases are publicly heard.
In the thorn court, in the eyes of hundreds of people, Dali Deng Yi, who wears a Xiezhi crown, personally tried the Wu Feng revenge case. After asking the prosecutor to open the evidence and announce the reason for the verdict, Deng Yi's opponent was shackled and stood there. Wu Feng, who was in the hall, pronounced the verdict: "That's why Wu Feng killed Bo Xi with a blade. The evidence is conclusive. According to the laws of the country, he should be sentenced to death! Yu Qiuhou asked to be executed! More than 100 of his accomplices will be punished with a stab of armor!"
As soon as this remark came out, the judges in the hall secretly wiped away sweat, and after all, they were severely punished. The onlookers in the hall were even more shocked, especially the senior Gongyang people who were stunned. The judgment was much heavier than they expected. Ximen Bao and other famous law students began to applaud the fair law enforcement of Dali Temple, but the representatives of industry and commerce in Yecheng and Lilu, who were a hundred times as many as them, were filled with righteous indignation. They were extremely sympathetic to Wu Feng's experience and expressed dissatisfaction.
"Snapped!"
The gavel pounded heavily on the case table, making the noisy and thorny court stagnate. No matter how dissatisfied the people and people from all walks of life were, Deng Xi still asked with a blank face: "Wu Feng, do you and your lawyer have something to do with each other? objection?"
Sun Wu came forward in person and spent a lot of money for the lawyer who Wu Feng found with his head drooping. In front of the ancestor of the lawsuit, Deng Xi, how could he have the ability to turn the sky?
Although Wu Feng looked pale, he was not timid. He just nodded to Deng Xi: "Thank you Dali for your trouble. Feng has no objection."
He turned his head again and saluted those Yecheng scholars and people who wanted him to be acquitted: "Father's revenge has been avenged, Feng is already satisfied. For Feng personally, revenge is no fault, but for national law, private revenge and murder It has already crossed the boundary, the crime deserves death, and Feng has nothing to say. Dali upholds the laws of the country, and is just and impartial, and I hope you will not embarrass the judge..."
Wu Feng expressed his intentions, but as soon as he said this, the hearers of Ji Court were even more uproar, and their sympathy for him was even greater. For the judge who pronounced the sentence, they felt that they were inhumane, and they only knew how to stick to the provisions, which is really iron and stone. Heartbroken!
"Cool officers... a bunch of cruel officers."
I don't know who first scolded this word, but the last half of the listeners were staring at Deng Xi with gnashing teeth, calling him a cruel official, and putting their dissatisfaction and anger on this official.
Deng Xi ignored it, and was about to announce his retirement from the court, but heard a "wait", but saw a person escorted by several Yulin guards, entering from outside the court, it was Zhao Heng, the prince of Zhao State, and everyone present hurriedly bowed down. salute……
After Zhao Heng entered the court, he bowed his hands to Deng Xi and the public officials, and then said, "Heng came here to bring an edict and to convey the words of the emperor..."
Seeing the Prince's arrival in person, the scholars and the people were overjoyed, feeling that things were about to turn around. The officials of the Dali Temple looked at each other in dismay. They didn't expect things to develop like this. Only Deng Yi, who had been greeted by Zhao Wuxi beforehand, sighed. Bow down to accept the edict.
...
"The people have been wronged, and they have their own national laws to uphold justice. How can they kill people with their own swords? If everyone follows suit, where will the national laws be placed?"
Zhao Wuxi's edict was very long. He first took the law seriously, and personally denied the rationality of private revenge, declaring that this matter was something that Zhao State would never let go of. From then on, Zhao State will no longer allow private revenge. Those who think that their parents, relatives, friends, and teachers have been wronged can appeal. If the county does not accept it, they will sue the Dali Temple. If the Dali Temple does not accept it, they will sue the widow. The widow will naturally follow the law and give justice to the deceased!
He also praised Dali Deng Xi's sentence, which is procedurally fair, which is beyond doubt.
However, he also said that due to the negligence of the widow, there are gaps in the law. In the huge book "Zhao Lu", there are no detailed provisions for revenge and murder, and the sentence can only be sentenced by referring to similar provisions. Sentenced in accordance with the law but exceeding the sentence that the criminal should have...
Therefore, Zhao Hou issued an amnesty order for the particularity of this incident.
"Amnesty?" Some people looked at each other, so there is such a thing?
However, none of the judges have any objection, because in the "Zhao Lu", the monarch is not restricted by the law, and the princes and grandsons of the public office do not go through the Dali Temple, but are tried and punished by independent public regulations. The standard is naturally different from that of officials and people.
In addition, "the monarch has the right to amnesty", which is also stipulated at the beginning of the "Zhao Lu". Amnesty is divided into amnesty and small amnesty. Amnesty is to give people who have minor sins a chance to rehabilitate when there are important celebrations and major events. As for a small amnesty, it is an amnesty granted to individuals in special circumstances...
In Zhao State, there was a general amnesty when Zhao Wuxi founded the country, but the small amnesty was the first time after the founding of the country, and he didn't want to use it on Wu Feng.
Zhao Heng glanced at Deng Yi, who bowed his head to receive the edict, and sighed, feeling a little sorry for the conscientious old judge, but still read out:
"Wu Feng was killed because he was guilty of death, and he was considered to be able to confess his guilt, and the national law did not have a decree specializing in revenge, so the sentence was unfair. The widow did not forgive his sins, but only pardoned his punishment. Family property, compensation for Bo’s descendants, Wu Feng himself deprived him of his rank, and was exiled to serve in Jimo County on the seashore…”
After he finished speaking, Prince Heng looked at Wu Feng and nodded to him.
The client Wu Feng was stunned on the spot, and until his lawyer pulled him, he quickly bowed down to Prince Zhao Heng and thanked the monarch for his pardon.
After this edict of amnesty, the bystanders and people who had been holding back for a long time burst into cheers of "Long Live Your Majesty" and "Your Majesty is gracious."
On the other side, the judges who haven't figured out the situation are a little confused, but Deng Xi, who was greeted by Zhao Hou in advance, has already accepted the edict and recognized Zhao Hou's interference in the judgment...
"Sir, here is the edict..."
Deng Yi got up and took the edict from Zhao Heng's hand. It was so heavy that when Deng Yi turned around, his footsteps stumbled...
...
"Is everything done?"
In the hall of Changle Palace, Zhao Wuxi was still dealing with state affairs that would never end. When the prince came excitedly from outside to report what happened in Jiting Court, he just raised his head.
"As soon as the amnesty was ordered, the people who were watching all shouted in unison, Long Live Your Majesty, Your Majesty is Holy, and the heart of support is beyond words. That Wu Feng did not expect it, and burst into tears. It can be seen that although he already has the will to die, he Who doesn't steal life from all things? If he can keep this life, he will definitely be dead on to Zhao when he arrives in Jimo in the future..."
"Well." It seemed that Zhao Wuxi didn't have much reaction to these things.
Zhao Heng didn't know what his father was thinking, and said excitedly: "From the boy's point of view, this is only a benefit that can be seen, and there are more benefits that cannot be seen in the short term. Private revenge is illegal. Debate is known to the whole country; although Wu Feng was exempted from the death penalty, his crime was determined to be deadly. Now everyone thinks that his father is the prince of benevolence and virtue, and the dissatisfaction in his heart is added to some officials of Dali Temple, who are regarded as cruel officials..."
Zhao Wuchun smiled. This is the best part of this debate, that is, the law has been popularized. For Confucianism, it can be used, but it must not be used as the ruling ideology of the country. He does not want to appear in future history.
But at this point, Zhao Heng asked worriedly: "It's just that the amnesty precedent has been opened, will it hinder the implementation of national laws in the future?"
"You think too much."
Zhao Wuxi didn't think so. Amnesty is an extra-legal gift, and it is also a back door left by the ruling class for itself, not to mention the era of monarchs. Even in the 21st century, in the era of real rule of law, amnesty is commonplace.
Britain is the source of modern law, but the Queen and Parliament still have the power to pardon. France once guillotined a king, but its amnesty applies to all criminals. The lighthouse country claims to be judicial, but there is also a presidential amnesty order. As long as the president issues an amnesty order, the prisoners who supervise or escape will be freed immediately. Even if problems are found, there is no agency that can veto it...
Even in China, there are amnesties and special amnesties. The power to decide amnesty is given to the National People's Congress, and the power to decide amnesty is given to the Standing Committee of the National People's Congress, and the president of the country issues amnesty orders.
Therefore, no matter which modern country has amnesty, this is a symbol of the ruler's power. In the era of * *, the only person who exercises this privilege is the monarch himself.
In Zhao State, before the law, all the people are equal, but not the monarch, and the people the monarch tries to keep.
This is the naked reality, and it is the status quo that cannot be changed in just ten years.
However, Zhao Wuxi still had something to worry about, he sighed: "It's just, this time, I feel a little wronged by Deng Yi..."
...
Because of the "Revenge" written by Ximen Bao, he has become a representative of the younger generation of the famous school. A few days ago, Deng Xi specially asked him to come to Dali Temple to meet him. He highly praised this young man. He asked him to study and become an official. He came to Dali Temple as a trainee, and learned more about the laws and regulations and increased his practice. experience.
That's why Ximen Leopard was able to listen to Ji Ting as a small official in Dali Temple today, and witnessed the whole dramatic turnaround process.
"With the amnesty this time, Dali's verdict is empty. This thing is really, really..."
Ximen Bao didn't know that Zhao Hou had already greeted Deng Yi before the incident, so he was puzzled by the whole process, and thought it was the office's temporary regret. For this reason, he had a lot of unwillingness, and he wanted to comfort Deng. After analyzing it, not wanting it turned into a complaint.
Deng Xi was calm, but after being wronged, he smiled and didn't speak. He had received a greeting from Zhao Hou in advance, and the two of them were tacitly aware of this matter. Zhao Wuxi also hinted that Deng Xi could be called sick and let other judges preside over the trial.
However, Deng Xi bit the bullet and sat on the seat of the presiding judge, bearing the resentment this time...
"I'm old, and I don't know if I have five years or ten years of my life expectancy. After this incident, it's almost time to take off the Xiezhi crown and return to my hometown. What's the point of being a little resentful? There is still hope for young people, no I should be wronged by this, "Zhao Lu" still needs to be perfected and repaired by you, and the national law still needs to be maintained and carried forward..."
In fact, Deng Xi knew better than the naive Ximen Leopard that this was not the first time Zhao Wuxi had interfered with justice. As early as more than ten years ago, when Deng Xi was drafting the law in Zhao's family, Zhao Wuxi hinted to him that he would conduct a public trial on Yang Sheng, the son of Qi, temporarily adding terms, imposing a heavy code on Yang Sheng and beheading him in half!
And after a few years, when Shi Qi and Meijianchi killed the Prince of Jin, Zhao Wuxi stopped Deng Xi and others from getting involved in this matter on the grounds that Zhao's law could not control the entire Jin. Meijianchi was lightly put into the army, and returned after a few years. He also became the leader of the mysterious organization "Black Clothes" beside Zhao Wuxi, and he gave up on Zhao Hou.
From that time on, Deng Xi had some understanding, although Zhao Hou raised the status of the law and Dali Temple to a high level, far stronger than the big Sikou of the Zhou Dynasty. But in the final analysis, the entire legal system, including this "Law of Zhao", is still only a vassal of a powerful monarch, and the will of the monarch can control the law...
The judges of the legal system are still the tools of governance, not the governance itself. As long as the monarch needs them, they will be brought up at any time. As "torture officials" in the eyes of the common people, they have suffered for the monarch's decision...
In this verdict, Deng Xi, with the support of Zhao Wuxi, withstood the pressure, maintained the seriousness of the national law, and at the same time made "revenge does not break the law", which has been extremely normal since ancient times, gone forever. But with Zhao Wuxi's pardon, the monarch and the crown prince were good people, but Deng Yi became a bad person in the eyes of the common people.
"Who made us the servants of the emperor?"
Deng Xi is the founder of the study of the law, but he is not the kind of strong order that can fight against the monarch for the justice of the law. He can only bear the blame. Because the law is an extremely fragile seedling in this era, and it can grow under the wings of Zhao Hou. In order to allow the law to continue, some grievances and injustices, Deng Yi can only eat Huanglian dumbly.
Seeing the law itself as a vassal of the monarchy is the core idea of the legalists in the Spring and Autumn Period and the Warring States Period. The law is used to limit the subjects and the people, but it is not used to limit the monarch, but to strengthen the monarchy. The difference in law is huge.
Not only did he take the blame~www.readwn.com~ Deng Yi also warned his younger generation bitterly: "Ximen Bao, you remember that under the monarchical power, all are ants... All we can do is to accept the edict and fulfill it. Your Majesty's will, I agree to Wu Feng's pardon. At the same time, after coming down, I will make up for it and improve the provisions of the law, so that the same thing will not happen again in the future, and if someone takes personal revenge, the law will never forgive!"
After Ximen Bao nodded, his mood could not calm down for a long time. When he sent Deng Xi back to his residence, many people on the street were still talking about the monarch's pardon. The first case was sealed as a grievance, but I also realized that revenge in private would only lead to a lawsuit, and the next offender should not expect a pardon from the emperor, except for the "cruel officials", but he didn't have a good word. .
Ximen Bao, who was in the carriage, was very angry when he heard it. He gritted his teeth for a long time, and suddenly blurted out to Deng Xi: "Dali, if, if one day, the law can be restricted to the monarch, so that the monarch can not abuse the power of amnesty!"
ps: In the revenge murder case of the brothers Zhang Wei and Zhang Xiu in the Kaiyuan period of the Tang Dynasty, it was also because the "Tang Law" did not have an exclusive provision for revenge, so they could only use a similar "killer at the end of the day" to be sentenced to the crime of "suicide" At that time, the Tang Dynasty and the opposition also launched a fierce debate on this matter. In the end, Tang Xuanzong chose to execute the two brothers, but the people were still full of sympathy for them. The situation in the Han Dynasty and the Pre-Qin Dynasty.
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