Li's attitude towards the law at that time was strongly questioned and criticized. From the violent crime behind Liangshan hero's "doing justice for heaven", we can learn about ancient legal culture such as criminal investigation and litigation system. Is moral justice hurting legal justice? How difficult is it to achieve legal justice?
What is the status of "800,000 Coach Empire"?
When Lu first met Lin Chong, the people next to him said, "This official is Lin Wushi, the gun and stick instructor of the 800,000 imperial army. His name is Lin Chong." Lu Shenzhi, who doesn't even look at the heavenly king Lao Tzu, respects his attitude; During the game, when Lin Chong, who was wearing shackles, entered the palace, Chai Jin introduced to Hong: "This is Lin Chong, 800,000 imperial gun sticks in Tokyo." To show that "coach" Lin Chong is more advanced than ordinary martial arts coaches. With these descriptions, Lin Chong's status as "coach of the 800,000 imperial army" gives people a feeling of high social status and great style, but Goose is not.
So, how big was Lin Chong's "800,000 imperial coach" at that time? What is its status in modern times?
The imperial army originally refers to the emperor's personal soldiers, that is, the troops guarding the palace and their retinue, who are responsible for defending the capital and the court. Some of them have been called "imperial guards" and "imperial guards" in past dynasties, and some have other names, which are equivalent to the current central police.
: "Guard, the guard of the son of heaven, the second guard in front of the temple. Those closest to him, the number of classes, are always in the central part of the left army and the imperial headquarters of the imperial court, all guarding the capital and preparing for conquest. "
The number of imperial guards in the Northern Song Dynasty where Lin Chong lived is not fixed, but "800,000" is a real reference, not what Baidu Library said when explaining Lin Chong's "800,000 imperial guards". "800,000 is a virtual reference, it is impossible to have so many."
According to Water Margin: "The total number of registered treasures is 378,000, while Yuma is193,000; The total number of Dow is 666,000, while the imperial army has 358,000 "ma bu" or horse stance just look. The number of jubilee days is 91.2000, and the imperial army is 432000. The total number of Li Qing is 1259000, while the imperial army is 826000. " During Song Shenzong's Xining period, there were 568,688 imperial soldiers in China. During the reign of Song Zhezong and Song Huizong, there were about 800,000 imperial troops in China. From this point of view, the number of soldiers in the Northern Song Dynasty exceeded 800,000 in its heyday, reaching 826,000.
However, the "800,000 imperial coach" does not mean that a coach teaches 800,000 soldiers, but that he is the coach of the imperial army, but the size of the imperial army was "800,000" at that time. By the end of the Northern Song Dynasty, when Lin Chong was alive, the imperial army still claimed to be 800,000, but due to the corruption of the imperial court, there were many vacancies in the army. There are 65,438+10,000 people in the three capitals, but actually there are only 30,000 people. When the Northern Song Dynasty died, the imperial army dispersed.
Lin Chong's "no coaching" is just like what we now call "national football coach". According to the statistics of 20 15 published by FIFA official website, the number of registered players in China exceeds 7 1000, ranking 12 in the world. At that time, the coach of China national team could be called "700,000 football coach" according to Song Shibing Zhi Li. In fact, there is more than one national team coach, and so is the body guard coach.
According to Zhi Yue, "There were 2,825 people, each with a skill and a coach. There are 270 imperial envoys, 30 governors and envoys 10. " There were as many as 270 coaches at that time. For example, Lin Chong's father-in-law is also an imperial, Wang Jin,
There were thirty-one military attaché s in the Song Dynasty, ranging from grade one to grade nine. There are also Du, Du, Du Ambassador, Du Ambassador and so on. Commanders are all level five and coaches are all level eight. The county magistrate was seven years old. If compared with today, Lin Chong at that time was equivalent to a deputy-level cadre or a battalion-level cadre, not a senior officer. Moreover, in the Song Dynasty, the social status of a junior officer was actually very low.
Goose, however, this is also the first paradox in the case of "White Tiger Festival Hall"-according to the law of the Great Song Dynasty, no one is allowed to enter the White Tiger Festival Hall with a murder weapon, otherwise he will be convicted. Lin Chong's "mistaken entry into White Tiger Hall" is a capital crime. Why? Before talking about this question, we must first understand what kind of place the White Tiger Festival Hall is.
"What is the crime of straying into the White Tiger Pond?
In China's folk beliefs, the White Tiger Spirit is a fierce star, symbolizing cold killing and death. In ancient times, if a prison wanted to execute a criminal, it was necessary to behead him in autumn, which was called autumn beheading. In other words, autumn is the season of executing criminals according to law, represented by the white tiger; In the five elements of "Fire, Water and Jin Mu", the white tiger represents "gold" and is associated with military affairs, war and murder-the festival in "White Tiger Festival Hall" is a symbol of the military power granted by the emperor when the ancient generals went out to war.
The word "our time" also comes from this. "The six sections, two front teeth flag, a private room, a hall without it. We are looking forward to the next day's sacrifice, which is the so-called official day. "
Symbolizing the west of the White Tiger, Song Jiangjie Hall is on the right side of Shuaifu, so it is called White Tiger Jietang. White Tiger Festival Hall is an important military place, an institution for discussing military affairs, equivalent to the modern armament command, and also the office of the country's top military leader.
From a legal point of view, Lin Chong is guilty. According to the law of DaSong, no one is allowed to enter the White Tiger Hall with weapons, or he will be convicted. Lin Chong's "Mistaken into the White Tiger Hall" is of course a crime, and it is a capital crime-you are an active soldier and ran to the headquarters of the arms with a knife. It is a fact that you took the knife, and it is also a fact that you broke into the White Tiger Hall. You said you were summoned by Gao Taiwei. What about the evidence?
Whatever the motive, it is an objective fact that Lin Chong broke the law. What awaits Lin Chong is what punishment he will be sentenced to, not whether he is guilty or not. Many people think that Lin Chong was sentenced to false imprisonment for "mistakenly entering the White Tiger Hall". In fact, this is just a kind of wishful "moral justice" rather than "legal justice", which is the second paradox of the White Tiger Hall case.
Whose house is Kaifeng House?
In the movie "Chinese Dictionary", Leng Feng killed a person as a hero, and Yu Huan in the case of "humiliating his mother and killing his father" was also called "bloody". Behind the prevalence of social violence, we can often see the darkness of judicial trial and the loss of legal authority.
This is also a question repeatedly discussed by netizens in some hot cases: should we blindly follow the unreasonable legal system, or temporarily obey and reform through legal channels, or immediately resist and destroy this legal system?
The world of the Water Margin can be said to be an "anti-French world" from a certain angle. Violent crimes by Lu and others. It is called "upholding justice for heaven"-upholding justice for the strong, providing compensation for the weak and providing humanity for the weak. It is the patent of the imperial court that the son of heaven is a shepherd and a substitute for heaven. And a group of criminals hung up the sign of "doing justice for heaven", which is obviously not given by God, and humanity is not investigated, and the court is absent. I will make it up to you!
One of the reasons why the law in the Water Margin is unreliable is that the judiciary can't use a fair trial to counter Gao Qiu's power. Then came the "White Tiger Festival Hall" case, in which Lin Chong was sentenced to be stabbed to death. After Lin Chong strayed into the White Tiger Hall, Gao Qiu summoned him and scored Lin Chong's beheading. After listening to Lin Chong's plea, Gao Qiu understood that "this fellow didn't keep people away", so he changed his tune and said, "Go!"
No matter why Xian Linchong strayed into Baihutang, just looking at Gao Qiu's actions, Gao Qiu is also full of legal spirit. According to Article 30, illegally entering the military restricted zone; Weapons can be used in emergency situations such as endangering the safety of military facilities or the life safety of duty personnel. That is to say, it is legal for Gao Qiu to win Lin Chong, and Lin Chong is a martial artist with a sword in his hand. If he resists, people in Gao Qiu may chop him to death. However, Goose Gao Qiu didn't do this, but gave it to Kaifeng. Of course, there is another reason, that is, Lin Chong did not resist. According to the law at that time, Lin Chong could only be "legally" killed if he handed it over to Kaifeng.
The trial jurisdiction in Song Dynasty can be roughly divided into three categories: hierarchical jurisdiction, regional jurisdiction and special jurisdiction. Most of the specific litigation cases in Water Margin only involve hierarchical jurisdiction and regional jurisdiction.
Hierarchical jurisdiction
The local judicature in Song Dynasty was divided into three levels.
The first level of local government is the county;
According to the Song law, only the following cases can be convicted of the crime of staff: "Below the staff, the county order will send it." At the county level, after hearing cases of imprisonment or above, prisoners and files must be sent to the state. For example, in the 27th murder case of Wu Song in Wolf Warriors 2, after the first trial, yanggu county "wrote a document to release the prisoner, released it to Dongping House, and applied for dismissal".
The second level of local power is the state;
According to the laws of the Song Dynasty, when the state government tried a death penalty case, if it found that "law is more important than emotion, emotion is more important than law, and there are doubts and evidences", it should report the whole volume to the central government for detailed trial by Dali Temple, the highest judicial organ.
In the trial of Wu Song's case, Dongping believed that the defendant in this case had both the motive of revenge for his brother and the plot of surrender, and it was a "fight and murder", so he lied. If it is necessary to fight rather than not to fight, the governor of the state will deal with it according to law.
Third-level local government is the way.
The judicial organs in the Song Dynasty are constantly changing, including the Department of Communications, the Department of Supervision and the Department of Supervision. They are local supervisory organs in the Song Dynasty, so they are collectively called "the Department of Supervision". At the same time, it will become the highest judicial institution in the region. Later, it mainly mentioned the criminal prison department.
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The pickets are all at the provincial level and belong to the punishments. "If you are not in the prison of Sifang, ask the prison owner." Except for difficult cases, which need to be reported to the central government for adjudication, all others are executed by the Criminal Division, and "Lu" has become the highest local trial level, and supervision and trial is undoubtedly the final judgment of difficult death penalty cases.
Regional jurisdiction
The territorial jurisdiction of the Song Dynasty basically followed the laws of the Tang Dynasty, that is, the trial was conducted by litigation in the place where the case occurred, and it was used until the end of the Southern Song Dynasty. Volume 73 stipulates: "All crimes are inferred from what happened." That is, the case is heard in the local government. If the plaintiff and the defendant are not in the same place, it shall be under the jurisdiction of the judicial organ where the defendant is located according to the principle that the plaintiff is the defendant. For example, Yang Zhi killed Niu Er. The case happened in Kaifeng, and Yang Zhi went straight to Kaifeng. Song Jiang was killed in Yuncheng County, and Yan Po went to Yuncheng County to sue Song Jiang; Lin Chong attacked the White Tiger Festival Hall in Kaifeng, so he sent people to Kaifeng.
1 1 14, during the Liang Shanbo period, Lin Chong, a famous coach of Tokyo's 800,000 imperial army, held a court session in Kaifeng.
Lin Chong was finally lightly sentenced to "hanging a sword around his waist and straying into the festival hall". His spinal staff was forty, and he was stabbed in a distant evil army state. A person who committed a felony was given a lighter sentence and was widely praised in the Law of People's Republic of China (PRC) on the Protection of Military Facilities for two reasons:
F in Lin Chong's Works
"This Nanya Kaifeng House belongs to Gao Taiwei's family, not the imperial court?" Dean Sun is very dissatisfied with this, bluntly saying that both the municipal government and the court are operated by the golf family. Then Dean Sun listed all kinds of actions of "Gaojiayuan". "But if someone commits a minor crime, he will be sent to Kaifeng and killed, but it is not his official administration." . I feel that Dean Sun and Dean Teng want this court to restore its original surname: Zhao. Because the court belongs to the Zhao family, of course, both the court and the court have the surname "Zhao". However, Goose, this is not the case.
On the one hand, Dean Sun disagreed with Gao Qiu's decision to sentence Lin Chong to death, thinking that "Lin Chong's words are innocent people"; On the other hand, they dare not let the court really take "Zhao" as the surname and "Gao" as the surname. He took a compromise and suggested that President Teng "let him recruit a sword that he thought was hanging around his waist and go into the altar by mistake".
Although "Kaifeng has treasures and green fields, and it is selfless to distinguish loyalty from traitors", the gold-lettered signboard of Kaifeng House has not yet become popular, but this prefect is also an official who has read sages and has real talents and practical learning. Finally, Lin Chong was sentenced to "hanging a sword around his waist and straying into the festival hall", sentenced to 40 knives and stabbed to death in a distant military state. According to today's crime constitution theory, as long as it is proved that Lin Chong didn't go to the memorial hall on purpose, even if he holds a sword, his crime will not die, or even constitute a crime. Gao Qiu wanted Lin Chong to die, so he used the sword in his hand to prove that Lin Chong was "so he entered the altar". Although Dean Sun can't think that Lin Chong "subjectively has no intention or motive to assassinate Gao Taiwei", he suggested that Dean Teng instruct Lin Chong to retract his confession, change the facts of the case, and prove that Lin Chong "strayed into the wrong place" by fabricating the fact of "hanging a sword around his waist", so that he was no longer a capital crime, but was assigned. Of course, this conviction was wrong for Lin Chong, but it saved his life after all.
How to characterize this case: From the four elements of the current criminal law, Lin Chong's subjective attitude is very important. In fact, the reason why he accused "Gao Yanei of molesting his wife" was not necessarily causal with his crime of breaking into the White Tiger Festival Hall. In other words, there is no evidence to support his statement, and Gao Qiu framed him. As an active soldier, carrying weapons into the military restricted zone should be sentenced to death according to the laws of the Song Dynasty.
Judging from the Water Margin, Lin Chong was framed and "mistakenly entered" Baihutang. He is innocent. But this idealized description is just wishful justice pursued by people in literature, and it has no practical significance. We can say that President Sun is nobler than Gao Taiwei, because he "knows" Lin Chong, so he can't tamper with the facts. Don't forget that President Sun also took advantage of Lin Chong's family.
Whether it's Sun Ding, dean of the school, Sun Chang, secretary of the school, or Gao Taiwei, minister of national defense, what they did in the case of Lin Chong's "mistaken entry into the White Tiger Hall" proves from all angles that Kaifeng House sometimes belongs to the Zhao family, sometimes to the Gao family, sometimes to the Teng family, and sometimes to the Sun family, but in the final analysis, it belongs to the powerful family.