On February 15, 1917, Ma Xiangbo, the principal and director of Fudan Public School, was about to turn 77 years old, and he stood still at the gate of the Jiangnan Manufacturing Bureau with a crutch on his crutches. Whoever came to persuade Ma Xiangbo to go to the side to rest first, Ma Xiangbo only asked Yan Fu to come to see him in person. The staff also felt very tricky, a 77-year-old man, who was about to be 80 years old. Who would dare to force such a respected old man to act against him. If the old man falls to the ground, who can tell?

Yan Fu has been hiding in the Jiangnan Manufacturing Bureau under the military management for more than a month and has not dared to go out, and after talking with Mr. Ma Xiangbo a few times, Yan Fu did not even dare to participate in Ma Xiangbo's banquet. was blocked by Ma Xiangbo for more than an hour, and the staff kept reporting to Yan Fu, and Yan Fu could only obediently come out and ask Ma Xiangbo to speak at the Jiangnan Manufacturing Bureau.

"A few ways, I'm setting a bad example, and I'm very uneasy." Mr. Ma Xiangbo apologized to Yan Fu first.

Ma Xiangbo is Cai Yuanpei's teacher, what is there to say about the teacher coming forward to his disciples? Yan Fu smiled and said: "Mr. Xiangbo, if you have anything to say, you might as well finish it at once, but my attitude has already been determined, how the court decides, then how to execute." ”

"A few things, I still want you to talk to Wen Qing about this matter. It is true that the people have ordered people to kill many people, but after all, he has not killed anyone himself, so what if he is sentenced to life imprisonment? Beiyang Wang Shizhen has fought so many battles with you, don't you also let him go. To be so mean to the people? Ma Xiangbo said.

Yan Fu didn't dare to see these literati, because he was afraid of this kind of entanglement. Wang Shizhen did create a lot of blood debts in Shandong, but that was a political measure of the Manchu clique, and Wang Shizhen did not create a bloody case for personal purposes to ask for merit and reward. Although the truth is cruel, the cruelty is carried out because Wang Shizhen is a member of the Manchu ruling class, and he naturally wants to defend the interests of the Manchu ruling clique. This is a problem of the political bloc, not a personal problem of Wang Shizhen. In the face of direct challenges, Wang Shizhen made her own judgment and decision. If they were to be held accountable on charges of being an accomplice, the Manchu clique would all deserve to die and be killed. In the same way, in the 412 counter-revolutionary massacre, all the participants of the Beiyang and the Liberation Society should also be executed.

put forward the view that people who did not kill people with their own hands should not be executed, Yan Fu did not know whether Ma Xiangbo was intentional or unintentional, but he knew one thing very well, if there was no Cai Yuanpei's plan, would those specific executors run to western Zhejiang to carry out the massacre?

I don't know what Ma Xiangbo thinks, but Yan Fu knows what the literati think. They are such a group of people, they never do it themselves, they all direct others to do it. If you succeed, the credit naturally goes to the commander. When something goes wrong, the literati think that the executor is guilty. To dare to have the opportunity to run away like Tan Sitong is to prove the justice he pursues with blood, and this kind of literati has always been a minority of the minority.

"Mr. Xiangbo, this is a criminal case, someone killed someone ......" Yan Fu could only use such an ordinary explanation to deal with Ma Xiangbo.

But Ma Xiangbo interrupted Yan Fu's words, "A few words, I don't ask to say that the people are not guilty." After all, so many people died, and not only your People's Party published the trial, but also the foreign newspapers that participated in the trial. The evidence is there, and I certainly can't turn a blind eye. You also said that the people participated in the planning of the affairs of western Zhejiang, but you did not say who the people killed in person. You must say that the life and death of the people are in your hands. ”

Yan Fu sighed, the last few times he and Ma Xiangbo couldn't talk about this matter, and finally Yan Fu didn't want to see Ma Xiangbo again, this time it was still the case, Yan Fu said patiently: "Mr. Xiangbo, we never judge anything based on personal likes and dislikes, and seeking truth from facts is the only criterion for the People's Party to judge things." ”

Ma Xiangbo heard Yan Fu say this kind of thing a few times, and he also knew that Yan Fu could not make any concessions in this regard. also sighed, Ma Xiangbo said: "A few ways, more than ten years ago, I asked you to accept Chen Ke as a disciple. I'm old, and I can't remember much of the events of the past ten years, but the events at that time are vivid. I don't know if you can remember what I said back then? ”

Hearing Ma Xiangbo mention the past, Yan Fu finally showed a smile on his face. Yan Fu deeply agrees with what Ma Xiangbo said about his feelings for the past ten years. For Yan Fu, twelve years are fleeting, and it is really a snap of a finger. But Yan Fu clearly remembered that on that day more than ten years ago, Ma Xiangbo was ill, and Yan Fu sat in the outhouse of Ma Xiangbo's sickbed and saw Chen Ke's book for the first time. When the two were talking, Ma Xiangbo asked Yan to accept Chen Ke as a disciple, and at that time Ma Xiangbo said: "This book will definitely be popular all over the world, and the author will explain the reason." Even if it is not the way of heaven, it is definitely not heresy. When the young people read it, the followers will be many. A few ways, the person who wrote the book is a genius, if you are willing, I want you to accept him as a disciple. If there is no one to discipline him, he is afraid that he will cause chaos in the world. ”

At that time, Yan Fu was very surprised that a university scholar like Ma Xiangbo would attach so much importance to Chen Ke, if it weren't for Ma Xiangbo's request, Yan Fu was afraid that he would miss out on Chen Ke, at least Yan Fu would probably not accept Chen Ke as a disciple.

Looking back, the smile on Yan Fu's face quickly disappeared, he actually participated in the revolutionary work presided over by Chen Ke for ten years, during which Yan Fu did countless jobs, worrying about the current situation and China's future every day, where did he have time to reminisce about the beginning. Now Yan Fu suddenly felt that he understood the reason for Ma Xiangbo's request.

Because he was not sure, Yan Fu couldn't help but ask: "Mr. Xiangbo, were you afraid that Wen Qing would not be able to attack the literati back then?" ”

Ma Xiangbo saw that Yan Fu had already remembered the past, he sighed and said: "I didn't expect Wen Qing to have today's achievements at all, I just thought that what Wen Qing said at that time was extremely domineering. He was right, but he had no mercy. Using the principles of Confucianism, everything is done in the style of Legalism. External Confucianism and internal law are bound to be harsh. Wen Qing wants to take the road of saving the country, and my ability can't help him at all, so I invite you to be Wen Qing's teacher. ”

"Then Mr. Xiangbo wants me to stand on the side of the literati now?" Yan replied.

Listening to Yan Fu's words, Mr. Ma Xiangbo's face became even more difficult to look at. In the past few days, thinking repeatedly about Cai Yuanpei, Ma Xiangbo has figured out why he resolutely opposes the death penalty on Cai Yuanpei. Why do literati have to talk about Qin Shi Huang's "burning books and pit Confucianism"? Chen Ke wrote in the book "Chinese Cultural Inheritance and the Rise of Materialism" that most of the books burned by Qin Shi Huang were witch doctors and gods, and most of the people who were pitted were monks. Corresponding to the practice of the People's Party, that is, to severely crack down on the feudal guilds.

The literati had no intention of complaining about the scholars, and their purpose in attacking Qin Shi Huang was to oppose the Legalist policy of governing the country that Qin Shi Huang had promoted. In order to attack Qin Shi Huang's Legalist concept of governing the country, the literati even distorted the facts to confuse the public.

Ma Xiangbo didn't want to distort the facts in Cai Yuanpei's matter, because this fact couldn't be hidden at all. The people of western Zhejiang are all there, and there are all kinds of human and material evidence. Cai Yuanpei himself also confessed to what he had done.

Chen Ke proved with his practical actions that he is really a guy who "combines knowledge and action". Ma Xiangbo was extremely concerned about Chen Ke's trial in western Zhejiang, and a series of theatrical works created by Zhou Shuren were performed in various places. After careful comparison, Ma Xiangbo found the corresponding content in Chen Ke's book.

Qin Law stipulates a set of litigation systems, public and non-public lawsuits. The BJP has a system of public prosecutors for criminal and civil cases.

The adjudication organs of the Qin State are at the central, county, and county levels. The People's Party has a distinction between courts, intermediate courts, and high courts.

In the central state of Qin, the emperor held the supreme judicial power. Tingwei hears cases across the country. The Imperial Historian and the Inspector of the Imperial Historian exercise legal supervision throughout the country. The People's Party completely copied it, and there were systems and distinctions between public security, procuratorates, and courts. Zhou Shuren's drama emphasizes these aspects very much.

In terms of details, in the Qin state, lawsuits could be filed by the victim or by state officials. During interrogation, torture is generally not advocated to extract confessions, attention is paid to on-site inspections and evidence collection, a "written report" reporting system is implemented, and appeals are allowed after judgment.

Even in the course of the trial of the Qin State Court, the requirement that "when the prisoner makes a statement, even if the judge knows that the prisoner is lying, he cannot interrupt the prisoner's statement" was implemented in the same way.

Whatever you think, just what you do. After doing something, you have to take responsibility for breaking the law.

Chen Ke praised the existence of the "Qin Law", "The principles of conviction and sentencing in the Qin Dynasty were: determining the capacity for criminal responsibility; distinguish between intent and negligence; distinguish between the severity of the consequences of the crime; increased penalties for joint offenses and recidivism; false accusations; aggravation of the instigator; voluntary surrender to reduce punishment, etc. It is the only conscious classical rule of law era in Chinese history, and has an irreplaceable historical position in the history of Chinese civilization. Before the Qin Law, China was in the era of etiquette. After the Qin Dynasty, China was the era of human rule. Only one hundred and sixty years after the Shang Dynasty changed the law to Qin Shi Huang's unification of China, China entered a relatively complete classical society ruled by law. This is the greatest pride and the greatest civilization creation of the Chinese nation in the original civilization and even in the entire classical civilization era. ”

However, in the eyes of the literati, this is not "the greatest pride, the greatest civilization creation" at all, this is a harsh law, this is the destruction of human nature.

Of course, Ma Xiangbo was deeply sympathetic to the plight of the people in western Zhejiang, and he believed that even if the people in western Zhejiang acted excessively, it would not reach the point of capital crime. Similarly, Ma Xiangbo believes that the People's Party does not care what Cai Yuanpei thinks, or even what hardships he has. It is also unfair to sentence Cai Yuanpei to death on the grounds of participating in the 412 massacre. If there was no instigation of Yuan Shikai in Beiyang, if there was no support and usurpation by Feng Guozhang, if there were no local landlords and gentry who took chicken feathers as arrows and wantonly used Cai Yuanpei's "purging the party" order to eliminate dissidents. It is absolutely impossible for Zhexi to kill like that.

In these respects, the BJP has even investigated very clearly in the course of the trial before the Tribunal. So Ma Xiangbo doesn't understand very much, since the People's Party is unwilling to wronged Cai Yuanpei, why can't the People's Party let Cai Yuanpei go because of Cai Yuanpei's hardships?

Therefore, Ma Xiangbo cannot but doubt the reasons behind the firm attitude of the People's Party. Is it because Cai Yuanpei has openly opposed the People's Party? Is it because Cai Yuanpei has openly criticized and publicly criticized the various political programs of the People's Party? Could it be that because of these, the People's Party is going to cut off Cai Yuanpei's head in the name of the people as a warning?

Based on these concerns, Ma Xiangbo tried to rescue Cai Yuanpei. The achievements of the People's Party so far are undeniable, but the ruthlessness and intolerance of the People's Party have worried Ma Xiangbo. Will such a powerful political force composed entirely of young people go all the way to the old path of the Qin State? Ma Xiangbo believes that if things really develop like this, it will not only be a tragedy for the People's Party, not only for Chen Ke, who Ma Xiangbo admired, not only for those Fudan Public School students who joined the People's Party, but also for the people of the world and the whole of China.

At that time, Ma Xiangbo just had an indescribable sense of vigilance towards Chen Ke, and Chen Ke was just a different young man at that time. When he asked Yan to accept Chen Ke as a disciple, Ma Xiangbo wanted to help Chen Ke more. I didn't think about laying any chess pieces in the BJP. Not to mention that Yan Fu is definitely not the kind of character who uses others as pawns.

Now, Ma Xiangbo found that he had no other way to find him except for Yan Fu for help. Hearing Yan Fu's words, "Then Mr. Xiangbo now wants me to stand on the side of the literati?" Ma Xiangbo felt a chill in his heart. The meaning of these words turned out to be that Yan Fu also thought that Cai Yuanpei should be killed.

Ma Xiangbo Zhengse said: "A few ways, if the fault of the people is let him redeem him with death, it is not too much. If you don't have compassion and compassion, but just blindly practice harsh government, this is the reason why Qin Dynasty II died, this is a lesson from the past! ”

"Blindly practicing harsh government is the reason for the death of the second Qin Dynasty?" Yan Fu couldn't help laughing. Although Chen Ke has never considered himself a historian, Chen Ke likes to tell some history. It also combines the history it tells with the reality of the BJP.

The reason for the death of Qin Dynasty II was first of all the collapse of the internal order, Li Si participated in Zhao Gao's rebellion, tampered with the posthumous photos, supported Hu Hai, and killed Fusu and Meng Tian. Then there was the massacre of his own brothers. After this misconduct, the internal order of the entire Qin Dynasty was wiped out. This is the reason why Chen Ke repeatedly emphasized organizational discipline. Either the foundation stones under the feet of these forts turned to gravel and the fortress collapsed. Either that, or a big brawl inside the fortress, resulting in chaos inside. The collapse of the Qin state was indeed related to the imperfection of the Qin system, and the harsh order did lead to the expansion of internal strife. But Yan Fu already understood very well that the relationship between the cruel laws of the Qin State and the collapse of the Qin State mentioned by Ma Xiangbo was not based on a realistic attitude, but an attitude from the position of a literati.

Ma Xiangbo saw that Yan Fu was laughing so much that he almost burst into tears, and couldn't help but ask with some annoyance: "Why are you laughing?" ”

Yan Fu finally put away his laughter, "Mr. Xiangbo, I really don't see what harsh punishment our People's Party has used. ”

Ma Xiangbo said loudly: "I look at the list you have made public this time, and the number of people killed is tens of thousands. Which dynasty and which generation saw that murder had this method of killing? ”

Yan Fu asked solemnly: "Mr. Xiangbo, since you are concerned about this matter. Which of these people do you think is a sin that does not lead to death? If you find out, you can file a complaint, and the last thing our People's Party wants to see is an unjust, false and wrongly decided case. We're afraid this feeling is stronger than yours. Zi said: The people cannot stand without faith. We make laws and enforce laws, and what we are most afraid of is unjust, false and wrongly decided cases. ”

Seeing that Yan Fu's attitude was so tough, Ma Xiangbo was also a little angry, "A few ways, I'm not saying that you want to be wronged." I have faith in Wenqing and your character. I'm talking about the harsh laws you have enacted and enforced! ”

Even though Ma Xiangbo made it clear that he "trusted the character of Chen Ke and Yan Fu", this kindness did not make Yan Fu feel happy. On the contrary, Yan Fu already understood that he and Ma Xiangbo had nothing to say. This goodwill is expressed by Ma Xiangbo's opposition to the basic ideals of the BJP. After considering the wording, Yan Fu said slowly: "Mr. Xiangbo, our People's Party also believes in the theory of character, but our standard for judging a person is to seek truth from facts, and to see what the person has done. You believe in my character and Wenqing, this is your affirmation of us, I am very touched. But if I break the law with Wen Qing, we will also have to punish the law. ”

At this time, Ma Xiangbo's face completely changed, "That means you must kill the people?" ”

Yan Fu's face also became extremely helpless, "Mr. Xiangbo, we don't mean to kill anyone. If Mr. Xiangbo believes in my character and Wenqing's character, please believe this. We have no ill will towards the people, and we have no ill will towards anyone. It was he himself who owed the blood debt to the people, and the people demanded that he pay it. Murder is paid for life. Mr. Xiangbo, you don't always object to the principle of killing people to pay for their lives, right? ”

Ma Xiangbo is also a university scholar, even if he thinks that Cai Yuanpei should not die, but he can't say that killing people can not pay for their lives.

Yan Fu continued to say with a straight face: "Mr. Xiangbo, since we met, I really cherish the friendship between us. So I said bluntly, if I live the belly of a gentleman with the heart of a villain, please bear with me. Now there must be people who think that we want to kill the people because they have scolded us. I have to tell you, that's not true. Needless to say, far away, you should know very well how many people have scolded us in this Shanghai. Shall we arrest them and kill them? Did we arrest them? Nope! You also gave the example of Wang Shizhen, not only did he scold us, he also brought troops to fight with us. He also killed our warriors. But did we kill him? Nope! Each is the master of the war, and when we go to war, we know that we may be killed by the enemy, and we take revenge for it? Nope! We in the People's Party have no personal vendetta of our own, so what is it if we have been scolded? As long as they don't break the law, everyone has their own freedom of speech. Legitimate freedom of expression is protected by law. We, the BJP, protect everyone's legitimate rights through the law. But the power we protect does not include killing. I'm sure you can understand that. ”

Ma Xiangbo felt Yan Fu's sincerity and helplessness, he knew Yan Fu very well, Yan Fu had never been a person who was keen to defend himself, and Yan Fu's personality even lacked an attitude towards his own behavior. It is extremely rare for Yan Fu to say such a thing. However, Yan Fu's words deeply stimulated Ma Xiangbo, and in these words, Yan Fu wants to express only one core, that is, "the law of the country is ruthless"!

In the Manchu era, there were people who put forward such ideas and tried to actually implement them. Ma Xiangbo will feel that the world has returned to a bright future. But hearing that Yan Fu, who Ma Xiangbo admired and trusted him very much, said this, Ma Xiangbo felt a chill, as if it was a clear winter night, and the chill he felt when watching the bright moon could almost freeze to death. Finally suppressing the uneasiness in his heart, Ma Xiangbo asked, "A few words, I know that you refuse to see me for this matter." That's why I'm so rude to see you today, in fact, I just want to tell you about it one last time. I want to ask you, is there a way to spare the lives of the people? ”

Yan Fu shook his head slightly, with a look of regret on his face, "The law does not allow blasphemy." ”