Xue Xuan is a native of Donghai County (Tancheng County, Shandong Province). He has worked in both the central and local governments. He has served as the linhuai and Chenliu Prefects. He has made great achievements in publicizing and educating the people, cracking down on thieves, and has a strong political voice. He was transferred to Zuo Fengyi (mayor of North Chang'an) by the imperial court. After one year's probation, he was promoted to Shaofu (Minister of palace supply). In September of the first 21 years, Yu Yong died. In January of the first 20 years, Xue Xuan took over the post; In the first 20 years, in March, the prime minister Zhang Yu retired. In April, Xue Xuansheng took over the post of prime minister and became Marquis of Gaoyang.
[prime minister Xue Xuan]
Yi Zilu said: good guy, from Shaofu to prime minister, it's rocket speed!
In the first 15 years, the Empress Dowager of qiongcheng (qiongdu ruqiong) Wang died, and the funeral was done carelessly. Someone made a small report to Liu Ao, the emperor of qiongcheng. Liu Ao was annoyed. He blamed the prime minister and the censor for the incident, and contacted the previous incident of 7778. On October 8, he issued an imperial edict to remove Xue Xuan from his post and demoted him to civilian. At the same time, Zhai Fangjin was demoted as zhijinwu (commander of capital Chang'an Garrison).
Note: Ms. Wang is the last queen of Liu Bingji, Emperor Xuan. In 66 B.C., Huo Chengjun, the second empress (Huo Guang's daughter) family, was killed for conspiracy, and Huo Chengjun was also deposed. At the beginning of 64 BC, Liu Bing had planned to establish a queen, but remembering that Huo Chengjun had tried to kill the crown prince Liu Xun (that is, emperor yuan of the Han Dynasty, the son of empress Xu), he decided to promote a cautious and gentle Jieyu who had no son to be Empress. In February, a queen named Wang Jieyu was appointed to raise Liu Xun, who died this year. Because her father was the Marquis of qiongcheng, the history books called her the Empress Dowager of qiongcheng, to distinguish her from Wang Zhengjun, the wife of emperor yuan.
Strange to say, on October 8, Zhai Fangjin, the censor doctor, was demoted. But less than a month later, on November 2, Liu Ao appointed Zhai Fangjin as prime minister and granted him the title of Marquis of Gaoling.
Yi Zilu said: it makes me feel that Liu Ao wanted to take Zhai Fangjin as his prime minister, and deliberately found a way to dismiss Xue Xuan.
When Xue Xuan was the prime minister, Zhai Fangjin once worked in the prime minister's office and became the prime minister's chief executive. Xue Xuan thought that Zhai was not only a famous scholar, but also a talented prime minister, so he paid special attention to him. Zhai Fangjin did not forget his old kindness when he became prime minister. He often talked about Xue Xuan in front of Liu Ao. After two years of mediation, Liu Ao restored Xue Xuan's position as Marquis of Gaoyang, favored tejin (below Sangong and above Marquis), and gave him to Shizhong (former imperial supervisor) to take charge of the court. Eight years ago, Xue Xuan was dismissed from his official post after his friend Hou Chunyu of Dingling committed a crime
Xue Xuan had a brother named Xue Xiu, who served as county magistrate, sheriff, and Jing Zhaoyin. Later he became a Shaofu. He was good at communication and had a good reputation. The Xue brothers have a stepmother who lives with Xue Xiu. When Xue Xuan was the prime minister, Xue Xiu was the magistrate of Linpeng (East Linzi Town, Zibo City, Shandong Province). Xue Xuan wanted to take his stepmother away, but Xue Xiu refused. After the death of his stepmother, Xue Xuan and Xue Xiu had a dispute over how to be filial. Xue Xuan said that Xue Xiu could not be filial for three years. Unexpectedly, Xue Xiu had been filial for three years, and his brother never got along with him.
Yi CI Lu said: the original text is "Xuan said that if the three-year service is not enough, the brothers can't contradict each other, but xiusui should do it. Yao is a brother's discord". It may also mean that the two brothers have a dispute about how long they should be filial when their stepmother died. Xue Xuan doesn't agree with the three-year service, but Xue Xiu insists on it. This kind of conflict of ideas may be the reason why the brothers turn against each other.
From here, we can see that three years of filial piety after the death of parents had already begun in the Han Dynasty, but it had not yet been completely finalized. In the Ming and Qing Dynasties, filial piety evolved into the so-called Ding you, which stipulated that when their parents died, officials had to resign and go home to be filial for three years (actually 27 months). During these three years, they could not sing, dance, drink or have sex with their wives. I am also bored, but three years of sex life, in addition to sexual dysfunction, even Confucius, his old man also can't hold on! However, it happens that there will be such a rule, which sets up the rules for the things that most people can't do, and it's an indisputable rule. Whoever has different opinions is inferior to the rule of beasts. This is simply to deliberately let everyone break the rules and let everyone have a handle. When they want to collect him, someone will immediately produce all kinds of evidence, which is hard evidence.
After the combination of Confucianism and imperial power, it became more and more out of tune. It always worked hard in some inexplicable places to produce inexplicable results.
Seven years ago, Emperor AI Liu Xin ascended the throne, and Shen Xian, a doctor, was appointed to Shizhong (former imperial supervisor). Shen Xian is also from the East China Sea. He is more loyal to Xue Xuan's younger brother Xue Xiu. He often criticizes Xue Xuan for not supporting his stepmother, mourning for his stepmother, or talking about his flesh and blood feelings. He was removed from the post of prime minister because of his unfaithfulness and unfiliality. How can such a person restore the rank of marquis and become an official in the court! Xue Kuang, the son of Xue Xuan, is the right Cao's servant. After hearing these words from Shen Xian many times, he wanted to tear his mouth. He found a man named Yang Ming and told him to give Shen Xian a "plastic surgery" to ensure that Shen Xian could no longer be an official. Just at this time, Sili (commander of the capital Garrison) was vacant, and it was said that Shen Xian was one of the most powerful competitors. Xue Kuang was shocked. He felt that if Shen Xian became a Si Li, their old Xue family would be miserable. So he urged Yang Ming to do it quickly. Yang Ming takes several people to hide outside the palace. When he sees Shen Xian coming out, Yang Ming and others suddenly jump out and chop around Shen Xian. Shen Xian was cut in eight places, and Yang Ming specially cut Shen Xian's nose and opened his lips into rabbit lips.
I didn't pay attention to it, but I didn't look like it without it
Yizilu said: this attack is not killing, but disfigurement. Obviously, in the Han Dynasty, people with disabilities on their faces were not allowed to be officials. For example, Shen Xian, who had his nose cut, and Du Qin, the son of Du Yannian, who we mentioned before, were very talented, but because he was blind, he could only serve as an aide. He did not become an official himself.
The facts of the case are clear, and there are both human and material evidence. Someone immediately arrested Xue Kuang and Yang Ming. After discussion and study, the relevant departments have come up with differences. A group of people headed by Yushi Zhongcheng (chief inspector, senior subordinate officer of Yushi doctor) thought that:
Xue Kuang was a minister of the central court. His father was a prime minister and was granted Marquis twice. Xue's father and son could not warn and remind each other, but they were suspicious of flesh and blood. They suspected that Shen Xian would slander Xue Xuan after hearing Xue Xiu's words. However, everyone has heard of Xue Xuan's behavior criticized by Shen Xian, which Xue Xiu did not tell Shen Xian privately. Xue Kuang was afraid that Shen Xian would play Xue Xuan after he became a Si Li, and he openly ordered Yang Ming and others to approach the palace and rob and hurt his close ministers (Shen Xian was a close Minister of the emperor in the event of giving a gift, but the name of Shen Xian was not mentioned here. He wanted to elevate "Xue Kuang hurt Shen Xian" to "Xue Kuang hurt a close Minister of the emperor", so as to upgrade a criminal case to a political case), Cut off the discussion. Their behavior is ferocious and obstinate, which is totally different from ordinary people's fighting. I've heard that they respect their ministers because they are close to the emperor. To respect them is to respect the emperor. According to the etiquette, when you cross the gate of the emperor, you have to get off. When you see the vehicle of the emperor, you have to touch the beam in front of the vehicle. Type, front rail. Recently, I heard Jiang Xun talk about a dream of Red Mansions. It was mentioned that Baoyu rode through his father's study. Even if Jia Zheng was not there, Baoyu had to dismount to show respect. The emperor's livestock and goods still had to be respected, not to mention the ministers close to him! According to the great righteousness of the spring and Autumn Annals, he deliberately committed evil and made it, so he could not escape punishment. The act of offending the emperor should be stopped from the source. Xue Kuang is the chief villain, and Yang Ming's personal injuries have resulted in very bad consequences and motives. They are all disrespectful. Yang Ming should be convicted severely, and Xue Kuang should be executed in the downtown area, and the corpse should be displayed in public.
The other group is led by Ting Wei (Minister of Justice)
According to the law of the Great Han Dynasty, if a person is hurt with a knife in a fight, he should shave his hair and work as a coolie (the end is Chengdan). If he directly injures a person, he will be guilty of the same crime as the mastermind. I don't know whether the translation is accurate or not, which is probably the meaning of it). Moreover, the emperor specially issued an imperial edict that he should not deliberately slander and destroy the bottom for the sake of conviction. It is said in the ancient books that "those who are beaten and injured for not treating others with morality and justice are guilty of the same crime as those who are beaten. This is to punish his dishonesty.". Shen Xian and Xue Xiu have a close relationship, and it's really stupid to publicize Xue Xuan's fault everywhere. Xue Kuang plans to repair Shen Xian for his father's slander. He has already made a plan. Later, he heard that Shen Xian is going to be a Si Li, so he urged Yang Ming to do it quickly. Therefore, the plan is ahead, not because Shen Xian is going to be a Si Li. In fact, the whole incident was due to private strife. Although the place where the incident happened was near the palace, it was no different from that of ordinary people in Pingtou. It's the same thing in ancient and modern times to kill people and punish those who hurt them. Confucius once said that it is necessary to rectify its name. If the name is not correct, it will lead to inaccurate punishment; The penalty is not allowed, but the people don't know what to follow. Now Xue Kuang is the first evil, and Yang Ming's personal injury is disrespectful and unfair《 The meaning of the spring and Autumn Annals is conviction with original intention. Xue Kuang was angry because his father had been slandered. There was no other evil. However, he was slandered and deceived, and committed a serious crime and was sentenced to death. This is against the imperial edict, and I'm afraid it's not the original intention of the law. A wise monarch does not increase his punishment because he is angry. Yang Ming should be sentenced to taking bribes to hurt others, while Xue Kuang could be reduced to hard labor because of his title.
When Liu Ao inquired about the opinions of the ministers, the prime minister Kong Guang and Da Sikong Shidan thought that Zhongcheng's opinions were right, and from the general down to doctor Yilang thought that Tingwei was right. Finally, Xue Kuang commuted to Dunhuang. His father Xue Xuan was implicated, removed from office as a civilian and repatriated to his hometown.
Yi Zilu said: this case fully reflects the Han Dynasty's "spring and Autumn" sentence ", which is based on the" spring and Autumn "justice.
Psychological motivation
In the Chunqiu fan Lu, Dong Zhongshu discussed the principle of "Chun Qiu" in prison, and must make a clear conclusion of the suspect's crime when he was committing a crime. For those who commit crimes, even if they attempt to commit crimes, they should be punished; For those who commit crimes out of good will, sentencing should be strict. This is called "" in Chinese.
This principle is also quite consistent with the principle of modern judgement. For example, homicide, involuntary murder, self defense, excessive defense, impulsive killing, etc., are all based on the fact of "killing", and explore the psychological motivation of the suspect.
However, this case also reflects a problem that can not be ignored, that is, all convictions are based on the original intention. However, the results may be quite different in who comes from the original intention and how.
Taking this case as an example, both sides follow the principle of conviction with original intention. Censor Zhongcheng thinks that Xue Kuang hurt people at the gate of the palace, but it was a close Minister of the emperor. This is an offence to the emperor and a great disrespect. While Ting Wei emphasized that Xue Kuang's injury was mainly to seek justice for his father. It was just a fight. In this way, Xue Kuang was pulled back from the category of "political prisoner" to a general criminal crime and saved his life.
Xue Xuan is very interesting. Let's tell two stories about him.
Civil servants must be on leave!
Xue Xuan may be the first official in history to advocate that civil servants should take leave on time. When he was Zuo Fengyi, the officials all went home on vacation according to the regulations during the winter solstice and summer solstice. Only Cao Fu, who was in charge of the thieves (about equivalent to the current leader of the serious crime team), refused to take a vacation and stayed in the official office to continue working.
Xue Xuan issued a notice saying:
Etiquette advocates harmony and human relations should be accessible. When it comes to holidays, civil servants should rest according to regulations, which has a long history. Although they all have official duties, their families also need everyone's care. When it comes to holidays, civil servants should go home to see their wives and children, set up food and drinks, invite the neighbors to come, get together and have fun. This is not only human nature, but also does not violate the relevant regulations.
Zhang Fu, the leader of the serious crime team, felt quite ashamed after reading the notice. Civil servants and their families all think that Mr. Xue is such a sweet person.
Yi Zilu said: seriously, seeing this, I think Lao Xue is so cute. It's estimated that the overtime dogs will have to cry and faint when they see this, ha ha.
Home qiao'er can't become a white swan
Xue Xuan also had a son named Xue Hui, who was a prefect. When he was the first magistrate of Pengcheng County, Xue Xuan was transferred from linhuai county to Chenliu county. When he passed by Pengcheng County, he saw that the bridges and post stations had been abandoned, but no one had repaired them. He knew that his son was not a capable man. Xue Xuan stayed in Pengcheng for a few days, touring the house, placing living utensils and watching garden dishes, but he didn't say a word. Xue Hui felt that her father might not be satisfied with him, but she didn't dare to ask, so she sent her subordinates to Chen Liu to ask why Xue Xuan didn't teach herself in politics.
Xue Xuan said with a smile that the way to be an official is to teach by law. If you don't understand these things, you can ask others for advice. As for the ability to govern, it's all natural. What material is what material. How can you learn it!
How did you get there? Of course, P went up!]
Yi Zilu said: if I read Lao Xue's point of view when I was young, I would not agree, because he fundamentally denied people's subjective initiative. However, at the age of today, I find that it's really a wise saying! The pig can't get on the tree, and his hometown can't turn into a white swan. When he's frustrated, the best way is for the pig to enjoy the fun of rolling in the mud pit, and the sparrow to get up early and catch more insects, ha ha.
