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Chapter 1137: Village Wish (Part 1)

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    Hai Rui would not have known that the six principles of differential protection he proposed would become a subject in the history of Chinese legal system, called "Hai Rui's Theorem".  And was silenced in the original era, a yellow-skinned and white-fleshed historian used to prove that in traditional China, "the peasants are governed by literati who are familiar with poetry and books", and the interpretation and implementation of laws are based on Confucian ethics, lacking numbers  management tradition, so China has not embarked on the road of capitalism and so on.

    Since then, this has become a conclusion in legal circles about China's traditional judicial system; some economists and scholars in other disciplines have repeatedly cited this passage as evidence that Chinese society does not pay attention to protecting private property rights and governs the country with morality.

    The conclusion drawn from history is naturally not wrong, but it is wrong to use the "Hai Rui Theorem" to prove it, because abstraction cannot be separated from its context, let alone forget the author's limitations.  However, that Professor Huang and many people who diverted the Yellow River ignored the other two crucial paragraphs written by Hai Rui at the same time, making the mistake of taking the meaning out of context.

    ?The first paragraph omitted by Professor Huang is: 'In the past, the government usually said that it was a question of words and lawsuits, and only four or six questions were asked before the lawsuit could be settled.  It is said that six points are given to the plaintiff, and four points must be given to the defendant.  If the defendant is given six points, the plaintiff must also be given four points.  So that the two people are not far apart from each other, so that they can avoid further lawsuits in anger.  However, although the lawsuit was stopped for a while, the lawsuit was actually launched later.  Because those who are good at litigating are half straight, and those who are entangled with falsehoods are half guilty, he is so happy.  The subordinates figured out the master's intentions, and lawsuits flourished.  Can you be afraid of lawsuits and vaguely understand it?  A gentleman is straight and straight in the world, and he has his own righteousness.  The theory of four or six, the way of hometown's wish, it is not feasible to start a lawsuit and start a dispute.  '

    It means that all cases, no matter how big or small, must be handled according to the law on the basis of right and wrong.  Because Hai Rui realized that only a fair judiciary can be really efficient, and consistent and fair rulings will reduce the so-called unreasonable lawsuits, that is, opportunistic lawsuits, thereby reducing social lawsuits. This is the "Hai Rui Theorem"  '.

    ?The second paragraph, which was ignored by Professor Huang, said: "Two institutions are equipped, five hearings and three hearings, and the prison situation is not difficult to understand."  However, the hypocrisy of the people is growing day by day, they are thick and affectionate, and they change into thousands of shapes, six out of ten are clear, and two are difficult to decide, ten and two or three.  If two or three difficulties cannot be avoided, what will happen?  '

    It means that after the "two parties are ready", that is, both parties appear in court to make a statement and debate; and after the "five listening and three training", that is, after complying with the prescribed trial procedures, 60 to 70% of the cases can be clarified and adjudicated in accordance with the law  .  However, because the parties will not be honest, some secrets hidden under the surface cannot be discovered. In 20% to 30% of cases, the evidence and arguments of both sides are indistinguishable, and it is impossible to decide which side wins the case.  In the absence of the possibility of detailed investigation one by one, how to judge?  This uses the six 'differential protection' principles.

    If you ignore the limitations of the second paragraph, Hai Rui's differential protection is what Professor Huang described, but this paragraph clearly exists, and Hai Rui made it very clear that the so-called "differential protection" is just sticking to Theorem 1.  Under the circumstances, it is only used in dealing with those "difficult" cases, but some people choose to take it out of context. I really don't know what their intentions are?

    Now look at the six differential protection principles, and you will understand Hai Rui¡¯s judicial spirit From the perspective of social fairness, in the case of ambiguous economic assets, try to protect the economically disadvantaged party, that is, the poor and ordinary people  Interests.

    From the perspective of maintaining social order, Hai Rui admits that there is a difference between high and low in the township eunuchs and ordinary people. In "disputing words and appearances", that is, judgments related to reputation and prestige, the superior should be protected to maintain the orderly feudal order.  , is for 'storage body'.  Of course, if the local eunuchs are good at doing good fortune and beating up the common people, they can't talk about it.

    This principle of protecting the disadvantaged in terms of economic assets and the principle of protecting advantages in terms of social culture is the 'Hai Jui Theorem II.

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    Hai Rui didn't know that the set of judicial operation theories he summed up from practice would be summarized as a theorem by later generations, and it would be worthless.  But this does not affect his skillful application of this theory - in fact, Hai Rui is counting on this "two" to break the situation when he went south to Susong this time!

    The so-called "imperial power does not come down to the county", relying on squires to govern villages and towns, this is a ruling strategy that has been followed for thousands of years in China.  official.

    And the power of rural eunuchs here in Su Song is particularly strong. They use their powerful political privileges to add a thick layer of protection to their rule over the vast countryside. Any government orders that are unfavorable to them will be subject to their crazy  fight back.  Having worked in local government for many years, Hai Rui is too aware of their tacticsThe intention of living for a few years, of course I don't want to see the current situation?  But even though he and Hai Rui are both of the fourth rank, but he is the governor and the most powerful Haiyan King, even with his courage, he would not dare to stand up!

    Zhong Zhenji had no choice but to stay calm and comfort her with kind words.  But the anger of the squires cannot be appeased after all. Although they dare not mess around, they can always find a way to vent their anger.

    So on this day, Hai Rui was working, and the yamen servant presented a form, saying that it was an anonymous form removed from the wall of the Songjiang Mansion Gate. Wang Xijue took it over and looked at it, and his face changed.

    Hai Rui glanced at him, then lowered his head and continued to read the papers, and said calmly, "Read"

    "Duke" Wang Xijue wondered, "It's better not to read it."

    Hai Rui ignored him and continued to read the papers. Wang Xijue had no choice but to read softly: "The complainant, Liu Xiazhi, sued Boyi, Uncle and Qi brothers. Relying on the power of his father, Guzhu Lord, to discover Xu You's tomb, the two brothers bribed his ministers to compare him.  It can be avoided. Today, on a certain day and month, the evil brother Liu Xiahui was rescued, and a certain person was imprisoned in a Guzhu water prison. He was tortured day and night and forced to sacrifice 300 acres of Shouyang Weitian.  The Supreme King Siwu is still humiliated by knocking on a horse, let alone a mere ants, who are eager to appeal'

    This anonymous complaint is extremely funny, and the parties involved are all historical figures in the Shang and Zhou dynasties The plaintiff is Liu Xiazhi, the Robber Zhi, a famous villain in ancient times;  The sage Xu You, the virtuous official Bigan who protected the defendant, and the accomplice who participated in the persecution of the plaintiff was Liu Xiahui To the effect, Liu Xiazhi sued the two brothers Boyi and Uncle Qi to rob Xu Youzhi's tomb, but they bribed Bigan to avoid it.  Then let the plaintiff's "evil brother; Liu Xiahui, take him to Guzhu Country Water Prison and imprison him, burn him day and night with cannons, and force him to donate 300 mu of Weitian in Shouyang Mountain"

    Its content is absurd and ironic, and it can be summed up in one word-the wicked fabricate absurd lies to falsely accuse the good and seize the property of the good!  In particular, Robber Zhi asked Hai Rui to give him the Caiwei Field in Shouyang Mountain, which is known to belong to Boyi Shuqi This is clearly a provocation to him!

    After reading it, Wang Xijue raised his eyebrows, opened his eyes wide, and said angrily: "The troublemaker is causing trouble! We must strictly investigate and punish him!"

    "Don't check it anymore." Hai Rui's expression didn't change, but the veins on the back of his hand gripping the pen were exposed, which still betrayed his anger: "Idiots can't write this kind of words. If those rich people do it,  Can't find any results."

    "That's right, the writing is good. It's obviously the work of the wealthy township officials." Wang Xijue calmed down quickly, nodded and said, "They didn't dare to make it clear, so they used this method to satirize us."

    "Hmph" Hai Rui became stubborn, and snorted coldly, "Then let's decide!"¡ª¡ª

    segmentation¡ª¡ª  ¡ª¡ª

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