“Chen’er, sometimes I really wonder if you are only three years old. I didn’t understand many things at your age.
So, what do you think of Legalism and the current legal system of Qin? Do you think it’s too harsh?
Fusu and those Confucian scholars think that Qin’s current laws are too strict and restrain the people too much. The Six Kingdoms even spread rumors that Qin is a tyrant, and the people of the Six Kingdoms fear Qin like a tiger.
“That’s nonsense from the Confucianists! The Six Kingdoms are trying to deceive their people to maintain their own rule.”
Ying Zheng: …………
Is that necessary to be so vulgar?
But it describes it well.
“Father, you know, one important way to judge whether a civilization is advanced is how much the people understand the laws of the land.
Even women and children know Shang Yang’s laws!
This is probably what the Confucianists want to express, but it’s just a trick of theirs. Since Shang Yang’s reforms, Qin has gradually become a country with open laws and strict legal systems. Compared to the Six Kingdoms, Qin’s civilization is far ahead.
Confucianism is an ideology with no legal consciousness. If you really use Confucianism to govern a country, that country will become a country without any legal concepts.
It’s the Confucian “rule of man” instead of the “rule of law.”
Of course, if Qin establishes laws but doesn’t enforce them strictly, it will also become a rule of man.
This is due to two reasons:
First: Uneven law enforcement is a major taboo. How can the people trust a law that is not equal? Who will take it seriously? Many things have happened in the Six Kingdoms now, but I won’t go into details here. The things those powerful people have done, and the “punishments” they have received, have proven that many laws are just scraps of paper in the face of power!
Second: The people lack awareness of their rights, because “rights protection” is just empty talk. Since the people don’t trust the “law”, they can only try their best to avoid the “law”. For example, if they encounter any difficulties, they immediately find connections and use back doors. If money can solve it, they use money. If money cannot solve it, they can only use their lives. This is a desperate measure and the beginning of a country’s tragedy.
It’s always said that the law is not perfect, but no country has ever said that the laws are too numerous! Why?
It’s because the more detailed the laws are, the better they can protect the legitimate rights and interests of every individual.
Father, I remember a small incident.
A small official in charge of a grain warehouse.
A heavy rain fell the night before, and the next day he found that all the grain had rotted.
According to Qin’s detailed punishment regulations, according to the regulations, the punishment would be at most a fine.
But what if there were no such legal regulations?
Then it would depend on his superior’s mood. If the superior was in a bad mood, he could be beheaded, so he would have to quickly find connections, build relationships, and offer large gifts to seek a reduction in his punishment.
This shows that when the law is not detailed, it increases the element of “rule of man.” Because there are no provisions, enforcers can only enforce the law based on their own understanding. This increases the unnecessary risk of punishment for the offender.
They should only be fined, but they could be executed.
If his superior happened to have a grudge against him, would he take revenge and kill the official?
If there were corresponding laws, would the superior dare to take revenge? Of course not.
This is why the more detailed the law is, the better it can protect ordinary people.
“Well said. The reason why Qin is strong today is not only because we have mature laws, but also because we have established judicial organs based on the rule of law. We place great emphasis on evidence in the process of handling cases. Such a system is very meaningful for the correct trial of cases.”
“That’s true. I have specifically studied the judicial processes of the Six Kingdoms. In comparison, Qin’s is the most complete and the best.
Qin’s judicial system encourages obtaining information through normal trials. If normal methods fail, torture is used.
Qin divides the results of trials into three categories: the first is “superior,” which means that the confession can be obtained through written evidence or spoken evidence without torture. This is considered “superior.”
The second category is “inferior,” which means that the confession is obtained through torture. This is considered “inferior.” The third category is “failure,” which means that the confession is obtained through intimidation. This is considered “failure.”
The entire trial process is divided into three steps: 1. Listen to the statements of the parties involved. Even if you know that the parties involved are making false statements, do not interrupt them.
2. Ask questions about inconsistencies in the parties’ statements in the record and make further notes.
3. For those who change their statements repeatedly or refuse to confess, torture can be used after the approval of the judicial officer.
Then comes the verdict.
It’s also called “reading the case.” After the verdict, the verdict is read to the parties involved, which is called “reading the case.” If the parties involved accept the verdict, the verdict is executed.
Petitioning for a retrial: If the parties involved are not satisfied with the verdict, they can request a retrial, which is called “petitioning for a retrial.” This can be initiated by the parties involved themselves or by their relatives, but it must be done after the verdict is made.
This trial method is already very complete and doesn’t need much change for now.
At this point, Zhao Chen was full of admiration.
This set of judicial procedures even had many similarities with those of the past. Western civilization did not establish this mature legal procedure until a thousand years later.
Qin surpassed them by a thousand years. It is precisely because of this mature legal system that Qin maintains a well-ordered country and becomes a relatively clean country compared to the Six Kingdoms.
This is the fundamental reason why Qin is different from the Six Kingdoms.
“I didn’t expect it, Chen’er. You’ve been mischievous and naughty for the past three years, sleeping in class, and making teachers angry. I thought you were incapable. I didn’t expect you to be putting on a show for me!
You must have been working hard in private. I won’t say anything else for now, but you’ve studied Qin’s and the Six Kingdoms’ governance philosophies very thoroughly.
It seems you admire Legalism very much, Chen’er!”
“Not really. I just agree with many of Legalism’s ideas.
Confucianism even slanders Legalism for advocating farming and warfare, prohibiting poetry and books, prohibiting commerce, bringing war to the people, and deceiving the people.
That makes me laugh.
If there is no war in this world, there is only one possibility: unification!
If that cannot be achieved, then war will never cease.
And what is needed to achieve “peace and unification” is not “benevolence” and “conscience” as the Confucianists say, but the strength of one’s own country. Only when one has strong power will other countries dare not invade. The Confucian argument is just the self-comfort of the weak.”
“Good, well said. Zhao Gao, write it all down. Let Fusu have a good look at it later!”
“This servant obeys!”
Actually, Zhao Gao had been taking notes since Zhao Chen started speaking. He thought that this would be a good opportunity to curry favor with the young master.
Sure enough, look at how happy the king is! He’s nodding in agreement!
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