博客栏目停服公告
因网站改版更新,从9月1日零时起美国中文网将不再保留博客栏目,请各位博主自行做好备份,由此带来的不便我们深感歉意,同时欢迎 广大网友入驻新平台!
美国中文网
2024.8.8
||
Dare and the "Emperor" Ming Ming China is not legal rafter no injustice drums
敢与“天子”明法理 桴鼓不鸣民无冤 (汉英双语)
宋丞策 Song Cheng policy
公平正义,是依法治国、依法安邦最基本的追求标准,也是人民的共同愿望。英国大法官培根说:一次不公正的裁判,其恶果超过十次犯罪,犯罪只是触犯法律,好比弄脏了水流,而不公的裁判却毁坏了法律,好比污染了水源。在人民的眼中,司法不公猛于虎也!
“以铜为镜,可以正衣冠;以史为镜,可以知兴替;以人为镜,可以明得失。”近日,笔者阅读了《后汉书•酷吏传》中的一篇故事,叫《硬脖子的洛阳令》,深有感触。在权贵面前,董萱坚持执法如山,他决心拼死也要为百姓申冤除害,宁肯死也不肯低头的骨气,给我留下了深刻的印象,这不正是中华民族五千年巍然屹立于世界东方的民族精神体现吗?
故事的情节是这样描述:随着封建社会的发展,西汉中期开始形成“武断乡曲”的豪强地主集团。到了东汉,京城洛阳的这种势力日益膨胀。他们横行乡里,兼并土地,聚族而居,欺压百姓,为害地方,甚至利用私人武装与官府相抗。为了打击豪强、安定社会的需要,便涌现出一批刚正清廉、不阿权贵、除暴安良的官吏。
东汉光武帝时,洛阳令董宣便是其中典型的一员。他是洛阳令,为人刚正,不畏权势,执法严明。董宣在洛阳任职五年,年七十五岁卒于任上。光武帝派使者吊丧,见其家徒四壁,只有布被覆尸,大麦数斛,破车一辆。光武帝伤感地说:“董宣廉洁,死乃知之。”于是以二千石的官职赠艾绶,以大夫之礼葬之。
东汉刘秀登基之后,起用刚正不阿的董萱为洛阳令,是东汉光武年间有名的执法严格的官员。在他担任北海相之初,属吏公孙丹令其子杀人,他当即处死丹父子和聚众暴乱的丹氏亲族;后来调任江夏太守、洛阳令,仍然居官清廉,严厉察奸除恶,使盗贼闻风丧胆。董宣担任洛阳令后,湖阳公主的奴仆在大白天杀了人,然后躲藏在公主家里。官吏们也不能到公主府上去搜查。只好在外边等待机会,等到公主出门的时候,那个杀了人的家奴也正在随车侍侯。董宣在万寿亭等候,一见车到了,就叫车停下,走近马前,用刀划着地,大声数说公主的过错,指责公主不应该隐匿犯罪的奴仆。然后,董宣怒喝让那个奴仆下了车,就当场把他打死了。董宣先斩后奏,这激怒了湖阳公主,触怒了刘秀......
湖阳公主哪里受过这分气,董宣不仅仅杀了她的奴仆,还在外边大声斥责她,使她大丢脸面,于是公主马上回宫向光武帝控诉。光武帝一听,也非常恼怒,马上召董宣入朝,要用棍子打死他,董宣见光武帝如此不守法度,自己严格执法居然还要被打死,就说:“希望皇上允许我说一句话再死。”光武帝说:“你想说什么?”董宣说:“陛下圣明高德,希望能够复兴汉朝,现在却纵容家奴杀害无辜的百姓,你将凭什么来治理天下呢?我不需要你用杖刑打死我,请允许我自杀吧!”说完拿头去撞柱子,头都给撞破了,流了一脸的血,光武帝见董宣一片忠心,也都是为了朝廷,假如把董宣杀了或者让董宣在朝堂上自杀了,自己也没法向天下交代。但既然自己的妹妹提出来了,总得给湖阳公主一个台阶下,于是就让小太监抱住董宣,让他向公主磕头赔罪。董宣不听从,小太监又强迫董宣给公主磕头,董宣却两手按着地,始终不肯低头。公主对光武帝说:“文叔当百姓时,窝藏逃亡的罪犯,隐匿犯了死罪的人,官吏都不敢上门来搜寻。如今当了皇帝,你的权威反而不能行使到一个小小的县令身上吗?”光武帝笑着说:“当天子和做老百姓不一样啊!”光武帝命令董宣出去,从此董宣就获得了“强项令”的称号,意思是他的脖子很硬,就是不肯低头。
董宣出来以后,光武帝赐食派大官陪他吃饭,董宣把所有的饭菜吃得一千二净。大官如实汇报给光武帝,帝问董宣:“为何饭饿至此?”董宣说:“臣食不敢遗余,犹如奉职不敢遗力”。 光武帝深表赞赏,又赏钱三十万。董宣又把钱全部赏给部下,不留分文。从此,董宣坚决打击依仗权势横行不法的豪门贵族,因为他连湖阳公主的奴仆都敢杀,那些犯了罪的人听到他的名声没有一个不吓得发抖的。京师号曰“卧虎”,民间谣曰:“桴鼓不鸣董少平”。豪强偃息,社会安定,没有人再击鼓鸣冤。
如果细品《硬脖子的洛阳令》故事后,让人发人深思:光武帝带头遵守法律的重要性。光武帝刚开始想杖杀董宣,后来又改为赏赐给他三十万钱,关键是董宣劝他,您想复兴汉朝,可是却纵容自己姐姐的家奴杀人,这样怎么能够让百姓信服呢?光武帝意识到天子只有以身作则,带头守法,才能使臣民信服效仿,从而治理好天下。
然而,现在一些地方领导干部,虽然也在高喊着要执政为民做人民的公仆,但却害怕见到民众,尤其害怕见到上访民众。他们把那些常给政府“找茬儿”,动不动就上访的民众,早就划为“另类”,别说主动找上门去问事情,见了面唯恐避之不及。他们虽然官不大,但下乡调研却要摆谱,隔着玻璃看样板,空调房里听好话,觥筹交错话调研,依靠秘书出经验。无论走到哪里都总是指手画脚,从不听别人说话,更不会听民众说话,俨然一幅“老爷”作派,民众有话也不想对他们说了,干群关系日益生疏,甚至矛盾恶化。因而一些地方总是有民众不断地越级上访,甚至上北京,闹得一方鸡犬不宁,令人震撼与担忧。
一些地方政府的官员手中又握着绝对强势的公权力,对于民众上访越来越敏感,敏感到甚至要以各种匪夷所思的理由来应对。对上访民众进行暴力打压,本已违法,还进一步以“暴力示众”羞辱访民、恐吓其他访民。日前,刚刚被曝光的陕西富平县公示上访者被“暴力示众”事件,引发社会各界的口诛笔伐......而湖南永州又把打击范围扩大化了,11月7日,湖南省永州市农民唐封银被关进拘留所。永州市公安局冷水滩分局出具的行政处罚决定书称,唐封银夫妇“准备上访,其行为扰乱了公共场所秩序”。如果这样的行为都能够被视为“扰乱公共场所秩序”,那就太荒唐透顶。唯一能够对此作出合理性解释的是,权力根本没有受到任何有效的制约,为了维护自己的所谓“尊严”和“政绩”,可以任意解释法律、创设罪名,对不服从者进行打击报复,可见不受约束的权力总会变着花样滥用它。归根结底,“准备上访罪”违背了法治,侵犯了公民的人身权利。当地官方往往辩称是执法公开,增加执法透明度、教育访民、教育民众云云……然而,对那些地方贪官污吏呢?为什么不挂牌、不游街示众?
难怪有人说,破坏地方和谐的不是那些上访民众,而是那些“老爷”式的腐败官员,借“维稳”之名,把人民的正常合理诉求竟变成“大逆不道”的“刁民”?强加“莫须有”之罪,简直就是目无王法,特别是那些握有重权的封疆大吏,那些一市一地及其部门、系统的“一把手”。自然那些小虾米我们也不能放过,但与贪官比起来毕竟是小巫见大巫了。那边上访民众急得火烧火燎,这边他却是一拖再拖。还有些地方干部,官儿不大,架子不小,视反映问题的民众为“刁民”,不是怒目相对,就是恶语相加。需要特别指出的司法腐败最为恶劣,让人触目惊心。他们的丑恶行径望尘莫及!好多问题之所以被一级级向上推,并不是问题有多难,而是因为有些基层领导懒惰、蛮横,基层的诉求渠道一旦被堵塞,民众就会越级上访,最危险的是“台上欺上瞒下,台下欺下瞒上”的一些地方官员。
“洛阳令”董萱体现了“言必行,行必果”,对于湖阳公主蔑视法律、目无法纪的作为,董萱不仅当场杀死凶手,而且敢于当面斥责公主的过错,表现了董萱刚正不阿、执法如山的个人品格,尤其是当光武帝召其进殿后,董宣不畏被处死的威胁,拒绝按照皇帝的旨意向公主认错,宁肯以死殉职也不低头,最后连光武帝也没有办法,只好称其是“强项令”。董萱的言行也为当今地方领导干部们如何听取民众的投诉,体谅民众的心情,落实对民众的诺言做出了榜样,提出了希望,值得学习和记取。民众上访并不可惧,可惧的是访民的冤情迟迟无解,围堵上访无助化解官民矛盾,示众惩戒公民更不是法治社会所为。如果每一位地方官员都像董宣一样不畏权贵,为维护法律的尊严,为民做主申冤。让触犯法律的人都得到制裁,让清白的人不再蒙冤受屈,让民众的权益都得到法律的保护,让所有的人都能沐浴在法治的阳光下,更迫切盼望司法官员的身上能闪烁着执法如山的光芒,那社会就太平盛世了,社会就和谐安宁了。
不畏权贵“硬脖子”,宁折不弯生虎胆,
敢与“天子”明法理,桴鼓不鸣民无冤。
Fairness and justice, is the rule of law, the pursuit of the most basic standards of law and bringing peace, but also the common aspiration of the people. Lord Chancellor Francis Bacon said: once unjust judge, and its consequences more than ten crime, crime is just breaking the law, like dirty water, while the referee was unfair to destroy the law, like the pollution of the water. In the eyes of the people and miscarriages of justice put the idea too!
"Copper as a mirror, you can code of dress; to history as a mirror, one can know the rise and fall; to people as a mirror, you can see advantages and disadvantages." Recently, I read the "Biography of the Later Han • Ruthless" in a story, called "hard Luoyang neck order ", with deep feeling. In front of dignitaries, Dong Xuan insisted Zhifarushan his desperate determination to redress the grievances of pesticides but also for the people would rather die would not bow to the backbone, left me a deep impression, is it not stand tall in the world five thousand years of Chinese embodying the spirit of the East National it?
Description of the story is this: With the development of feudal society, the formation of mid-Western Han Dynasty "arbitrary Village Song" of the tyrannical landlords. To the Eastern Han Dynasty, the capital of Luoyang, the growing expansion of this force. They run rampant village, annexation of land, living together, bullying people, harm, and even the use of private and official proposition armed. In order to combat tyrannical, stability and social needs, it emerged a group of clean and upright, not A powerful, getting rid of the officials.
Han Guangwu, the directors declared that Luoyang is a typical one. He is made of Luoyang, and his upright, without fear of power, strict law enforcement. Dong Xuan spent five years in Luoyang, seventy-year-old died in office. Guangwu sent envoys condole, reflected in its four walls, only the cloth covered the corpse, the number of barley Gok, a broken car. Guangwu sad to say: "Dongxuan Lian Jie, I realized the dead." So the Shou Ai Er Qianshi's official gift to the funeral ceremony of burial.
Eastern Han Dynasty, Liu Xiu was enthroned, he was introduced at the Dong Xuan upright so as Luoyang is famous between the East Han Guangwu strict law enforcement officials. He served as the North Sea in the beginning phase, Zhu Li Gong Sun Dan ordered child murder, he immediately killed and his son Dan and Dan's relatives mob violence; later transferred to Jiangxiataishou, Luoyang order, still anchoret clean, tough police evil forces, so that afraid of thieves. Dong Xuan as Luoyang Order, the Lake Sun Princess servant killed a man in broad daylight, and then hiding the princess home. Officials were also not up to the Princess House search. But stayed outside waiting for an opportunity, until the princess out of time, the slaves of men killed, are also vehicle Shihou. Shouting Dong declared in thousand waiting for a train to see a, called stop the car, approached the horse, before paddling a knife and loudly say that Princess fault number, accused of crimes Princess servants should not be hidden. Then, Dong Xuan servants thundered down to the car, killing him on the spot. Dong Xuan fait accompli, which angered the Lake Sun Princess, offended Xiu ......
Lake Sun Princess received the points where the gas, the Board declared the slaves not only kill her, still outside loudly denounced her and make her big disgrace, so the princess Hui Gong immediately complained to the Guangwu. Guangwu one, and also very angry and immediately called Dong Xuan entry into, use a stick kill him, the Board declared that no law degree Guangwu see that he actually have to strictly enforce the law were killed, said: "I hope the emperor to allow I said a word and then die. "Guangwu said:" What do you say? "Dong Xuan, said:" Your Majesty Holy Spirit High German in the hope of revival of the Han dynasty, but now they condone the killing of innocent people Jianu, you will tell the Control the world? I do not need you killed my punishment with the rod, allow me to commit suicide it! "Then take the head against a pillar, hitting his head and gave, the blood flow of the face, see the directors declared a Guangwu loyalty, are also to the court, if the Board declared killed or committed suicide to Dong Xuan moving in the classroom, and he is unable to explain to the world. But since my sister brought up, gotta give the lake under the Sun Princess to a higher level, so let the little eunuchs hold Dong Xuan, let him apologize to the Princess bowed. Dong Xuan do not obey, but also forced Directors declared a small eunuchs bowed to the princess, but his hands according to Dong Xuan, and always refused to bow. Princess Guangwu said: "When people text t, the harboring of fugitive criminals hiding who committed a capital crime, and officials are afraid to come to search. Now when the emperor, but can not exercise your authority to a small county so who you? "Guangwu smiled and said:" On that day the people will not do the same promoter and ah! "Guangwu Directors declared out of order, from director of publicity to get the" strength so that "in the title, meaning his neck hard, refused to bow.
Dong Xuan came out, Guangwu Give Food to send high officials to accompany him to dinner, Dong Xuan eat all the food net twelve hundred. Truthfully reported to the high official Guangwu, Dong Xuan Emperor asked: "Why food hungry this point?" Dong Xuan said: "I dare not eat more than left, as if the instructions from staff not spared no effort." Guangwu deep appreciation and gratuities three hundred thousand. Dong Xuan train and gave all the money men again, leaving nothing. Since then, Dong Xuanjian must crack down on rampant illegal dictated wealthy aristocrat, because he did not even have Huyang kill a servant of the princess, the person who committed a crime no one heard his reputation is not scared trembling. Capital Xiao Yue "Crouching Tiger", folk ballad, saying: "rafter drum and sing, Dong Shaoping." Yan tyrannical information, social security, no one drum Idealists.
If the fine chemicals "Luoyang neck so hard," the story, people thought-provoking: Guangwu take the lead in the importance of compliance with the law. Light began to stick to kill Wudi Gang Dong Xuan, and later changed to give him three hundred thousand reward money, the key is publicity director advised him, you want to rehabilitation Han dynasty, but they were the slaves killing condoned his sister, so how can so that people convinced? Guangwu realize the emperor is only set an example, take the lead law-abiding in order to convince the subjects to emulate, to govern the world.
Now, however, some local leading cadres, although the government for the people are shouting to be servants of the people, but afraid to see people, especially people afraid to see the petition. They are often to the government "Spot the child", often on petition of the public, has long been classified as "alternative", let alone take the initiative to come to ask things, met largely stayed away. Although the officer who is not, but research has to keep up appearances countryside, across the glass to see a model, air-conditioning room to listen to good words, if Gongchoujiaocuo research, relying on Secretary of the experience. Always find fault wherever they go, never listening to others, not to listen to people talk, just like a "master" Family Resource Centers, people do not want to have something to say to them, the relationship between cadres increasingly strange, even contradictory deterioration . Thus there are always some places people continue to leapfrog petition, or even Beijing, leaving one utter confusion, it is shocking and worrying.
The hands of some local government officials and the public authority holding the absolute strength, petition for more sensitive people, sensitive to even a variety of bizarre reasons to deal with. Violent suppression of the petitioners, this is illegal, but also further to "public display of violence" humiliation petitioners, intimidate other petitioners. Has just been exposed in Shaanxi Fuping publicity petitioners are "public display of violence" incident, triggered vocal opposition ...... and the community to combat the scope of Yongzhou expansion again, and November 7, Yongzhou Farmer Don Silver is a lock closure. Lengshuitan branch of Yongzhou Public Security Bureau issued a written decision on administrative punishment, said Tang Feng silver couples "for petitioners, their behavior disrupted the public order." If this behavior can be regarded as "disturbing public order", it would be too ridiculous. The only way to make a reasonable explanation for this is simply not subject to any valid power of constraints, in order to maintain their so-called "dignity" and "achievements" can be any interpretation of the law, the creation of charge, to retaliate against those who do not obey, Bianzhuohuayang always seen the power of unfettered misuse of it. In the final analysis, "ready to petition the crime" violates the rule of law, violation of personal rights of citizens. Local law enforcement officials often argue that public and increase the transparency of law enforcement, education, petitioners, to educate the public and so on ... ... However, the local corrupt officials who do? Why not listed, do not paraded through the streets?
No wonder people say, not the destruction of local harmony petitioners, but those "classic" type of corrupt officials, use the "maintenance of stability" in the name of the normal and reasonable demands of the people actually become "outrageous" and "trouble-making"? Imposing "unwarranted" the crime, and there is simply no justice, especially those who hold the right to re-Fengjiangdali, one place that one city and its departments, the system's "number one." Naturally we can not let those Shrimps, but corrupt officials, after all, is trivial compared to the. Huoshaohuoliao petitioners anxious over there, here he is dragging its feet. And some local officials, Guaner little shelf is not small, as the people of the problem as a "trouble-making", not angry relative, is sparring. Specifically the worst judicial corruption, startling and shocking. Far behind their hideous act! The reason why a lot of push up is a class, not how difficult the problem, but because of some local leaders lazy, arrogant, once the grass-roots appeal channels are blocked, people will leapfrog petition, the most dangerous is the "bully stage the hiding, the audience, hiding on the next bully, "some local officials.
"Luoyang order" reflects the Dong Xuan, "Practice makes perfect, action must be" contempt for the Lake Sun Princess law, lawless act, Dong Xuan, killed on the spot not only the murderer, and dare to face reprimand fault of Princess, the performance of the Board Xuan fair, Zhifarushan personal qualities, especially when Guangwu call it into the rear, the Board declared the threat of fear to be killed, refused to admit the emperor's will to the princess, who died did not prefer to die down, and finally even Guangwu also no alternative but to call it the "strengths that." Dong Xuan, words and deeds but also for local leading cadres of today how to listen to people's complaints, understanding the feelings of the people to implement the promises made on the population model, made of hope, it is worth learning and remembering. Do not be afraid of public petitions may fear that the grievances of the people visiting the delay no solution, contain petitions will not help to resolve contradictions officials and the public, showing all the citizens of more than punishment for the rule of law in society. If every local officials fear as powerful as the director of publicity, to safeguard the dignity of the law, redress the grievances of the people call the shots. Let the people have been breaking the law sanctions, so that no innocent person unjustly aggrieved, so that the interests of the people are protected by law, so that all can bask in the sunshine law, the more eager to judicial officials who will blink the Zhifarushan light, that society of peace and prosperity, and peace and harmony of the society.
Defying powerful "hard neck" rather break than bend raw tiger gall
Dare and the "Emperor" Ming law, rafter drums and sing, people will not injustice.