Chen Zhonghua: "Rule of law" is inseparable from "rule of man", and "rule of law" must be combined with "rule of man".
Rule of law. In the long history of mankind, the evolution of social systems has continuously promoted the progress of civilization. From the rule of man in the feudal era to the rule of law in modern society, the transformation of the governance model has witnessed the pursuit of fairness and justice by human beings. The rule of man and the rule of law, which of these two completely different forms of governance can better promote the prosperity and development of society, and which one will go into decline?
First of all, we need to clarify the definition of the rule of man and the rule of law. The rule of man, as the name suggests, is an individual-centered style of governance. In the feudal era, the emperor alone held the power of life and death, political power was highly centralized, and the rise and fall of officials depended on the monarch's joy and anger. The rule of law, on the other hand, is based on the law, and state institutions and individuals must act within the scope of the law. In a society governed by the rule of law, political power is decentralized, and it is necessary to go through strict selection and assessment to take office, and the politics are clear and the people are orderly.
In China's thousands of years of feudal society, the concept of rule by man is deeply rooted in the hearts of the people. In the long history, there were indeed glorious civilizations during the period of human rule, such as the Tang, Song, Ming and other dynasties. However, these dynasties eventually went into decline. The reason for this is that the abuse of power, bureaucratic corruption, and class contradictions under the rule of man system are becoming increasingly serious, leading to social injustice and people's suffering. And with the accumulation of popular discontent, social unrest, and the country gradually went into decline.
On the other hand, the rule of law gradually rose over time, despite the enormous power of the church and the high level of political corruption in medieval Europe. Landmark events such as the British bourgeois revolution and the American Revolutionary War are all manifestations of the victory of the rule of law over the rule of man. In a country governed by the rule of law, checks and balances of power, honesty and integrity, and the protection of people's rights and interests, social fairness and justice can be realized. As a result, countries under the rule of law tend to be able to sustain development and prosper.
In addition, we can also verify the advantages of the rule of law in terms of the current state of governance in countries around the world. Those countries that practice the rule of man, such as some countries in the Middle East, have serious problems such as political turmoil, terrorism, and people's livelihood. And those countries that implement the rule of law, such as developed countries in Europe and the United States, have political stability, social harmony, and improved people's livelihood. This further proves that the rule of man will inevitably decline and the rule of law will inevitably flourish.
A sound legal system is to give citizens the greatest freedom and happiness, and an imperfect legal system will only cause the greatest suffering and disaster to the country and the people. In a country where the legal system is very sound, as long as you act carefully in accordance with the regulations, your free power and behavior can be maximized and used. And in countries where the rule of law is extremely weak, although you feel that there is a lot of space, when you do something and act, you will run into walls everywhere, not knowing what to do and which not to do. Especially when you are bullied by bad people, you have no reason to complain or report the bad people.
Perhaps only then do you feel that you have entered an era of barbarism and desolation. There are no rules to be found here, there is no order to speak of, in short, as long as you have great strength and a clever mind that is more flexible and cunning than others, you may be able to mix in such a society with ease. However, as people in human society, after all, most people are very kind and willing to follow the rules, but due to the prevalence of these restless people, their lives have to become restless and restless. Therefore, some people proposed to formulate rules and regulations to regulate people's behavior and maintain normal order and stability in society, and thus laws and regulations were born.
Perhaps the perfection of the legal system has been constantly improved along with the progress and development of mankind. Especially as a modern human society, when ideals and aspirations are getting closer and closer to us, our laws and systems should become more and more sound. However, because we are still in the stage of imperfect development, the current laws of our country have the following situations: First, some legal provisions are completely inconsistent with real life, and it is difficult to implement them, and they have become a dead letter; Second, many legal provisions that are in line with reality have not been effectively implemented and implemented, so they only stay on paper; The third is that the place or aspect where the law or system should be formulated has not yet existed a law or system, and has become a wasteland of laws or systems.
As a civilized society, perhaps only when the laws and regulations are sound can the interests and rights of the majority of people, especially those who are weak, be sacrosanct. In addition, it can also ensure the normal conduct of fair and equitable transactions and buying and selling activities between people. Therefore, all human life, work, and behavior that are prone to errors should be included in the scope of laws and regulations. Especially as animal beings, people have feelings, and feelings are the most prone to make mistakes, so it is necessary to emphasize the detail and comprehensiveness of such laws and regulations.
I remember that some Chinese people said that Hong Kong's laws and regulations are detailed and comprehensive, and their laws and regulations cover almost all aspects of citizens' participation in social life. Therefore, when someone violates it, it can be found immediately. In particular, it is precisely because of the soundness and detail of its laws and regulations that Hong Kong people generally act cautiously and civilly. Especially after Hong Kong's return to the motherland, the people of Hong Kong are still so free and easy to criticize and criticize all illegal acts against the mistakes and mistakes of the people.
It should be said that when there is no mistake or fault, the public is generally not emotional. Because there is no reason and basis for the enthusiasm of the crowd will pay the price in the end, so the common people will not be so stupid. And often when the people are indignant or angry, it is because ** has really done something wrong, and there are laws to follow and rules to find. Therefore, it is no wonder that some celebrities have lamented like this that the rational ** of the people is always right. But the voice of the masses of the people is very weak in most countries where the rule of law is not perfect. Especially in a situation where the voice of the people is not paid attention to at all, and the people are still blindly insisting on their own opinions, and even deliberately opposing the people.
In fact, we can learn from history that those who truly serve the people wholeheartedly are not afraid of the soundness of laws and regulations, nor are they afraid of any voice of the masses. Especially after reading "Towards the Republic", Yuan is actually most afraid of the soundness of laws and regulations, and the voice of the people. Because the laws and regulations are sound and detailed, the laws and regulations completely give the people all the power of justice and fairness, so there is no opportunity for political regimes or individuals who aspire to rule by man. It is precisely because of this that Yuan did everything possible to resist the cabinet, strangle the Congress, and always played with power and politics obsessively, and continued to move towards feudalism in the depths of his bones. Fortunately, the revolutionary enthusiasm of the masses of the people was at its highest at that time, so the ** regime did not last long.
In fact, throughout history, the fundamental reason why society has always failed to move towards maximum justice and fairness is that the laws and regulations are too coarse and too general, thus providing a broad space and speculative opportunities for some people's governance. As a result, our society is always impartial and equitable at the lowest level, and the people often suffer from heavy setbacks and suffering. Especially at present, some people say that there are already many laws and provisions in our country, but it is difficult to implement them. And what is the reason for this difficulty in implementation? In fact, when those lawyers and judges are faced with the trial of specific cases, there is often too little basis and basis, so the judges and lawyers begin to fight a relationship lawsuit, and the result is still the power and money to win the final victory, or the criminals are relieved of many of the punishments and sanctions they deserve.
In particular, when the local government interferes in and monopolizes the law, the law under China's socialist system has become even more unrecognizable. According to the standardized system and regulations, the leaders of the administrative departments are absolutely not allowed to interfere with the law at will, but this phenomenon is very common in our country at present. How long can this administrative intervention be? Logically speaking, the masses of the people can observe certain trials at will, but the result is qualified, and some innocent people are not allowed to participate in the hearings. As a result, the people's ability to know the case at any time and to grasp it was completely emasculated. Can this trial still be fair and equitable? Can the grievances of the wronged party still be fully revealed?
As a society governed by the rule of law, laws and regulations should be comprehensive, systematic, and very convenient for the people in a disadvantaged position. It is like a net that is sown into the sea, which is not leaky. However, China's current laws are often weak in the face of powerful interference. Especially when the judges and lawyers collude with each other, the victims are even more powerless and inactive. This is because the current laws of our country do not provide the people with the maximum convenience and freedom of appeal and accusation in this regard. However, it is not uncommon for ordinary people to always have a long way to petition, and it is not uncommon for petitions to be deliberately delayed or refused to be accepted. Perhaps the laws and regulations stipulate that the common people can sue the petitioning department for administrative inaction, but do the ordinary people who are being hit hard and entangled in hardships still have the ability? Even if you have the ability, how much benefit can you get after winning this lawsuit of administrative inaction?
The laws and regulations must be comprehensive, systematic, and scientific, and must be feasible and feasible for the broad masses of the people to be able to do so. It is to give the people smoothness instead of being blocked by obstacles and suffering, not to add more pain to the pain of the people. Otherwise, no matter how high-sounding the laws and regulations are, they will be useless. Every day, we shout to serve the people wholeheartedly, but we always invisibly set up many obstacles and misfortunes on the road of the people, and strangle a little passion and justice of the people in the cradle. In fact, the so-called state of the rule of law, under the condition that everything is for the interests of the people, so that the people do not experience hardships and setbacks. However, have the current laws and systems of our country really done so? The gap should still be extremely far away.
With regard to the rule of man and the rule of law, I am more in favor of the rule of law, and when the rule of law develops to the point where it can no longer be developed, the rule of man can be appropriately used. It should be that the rule of man is flexible, the rule of law is rigid, the rule of man must conform to the rigid law, is the supplement and improvement of the rigid rule of law, and the rule of man can never replace the rule of law at any time. The rule of man can only play a positive role around the rule of law, not the opposite or contradictory role of the rule of law. At any time, the rule of law can replace the rule of man at any time. If the law of the rule of law is not perfect, scientific, or correct, it is necessary to come up with a correct and scientific legal provision as soon as possible. It is extremely wrong at all times to apply the rule of man completely because the rule of law is not perfect. It can be said that the rule of law is an axiom and a truth under certain conditions; However, it is difficult for the rule of man to become an axiom, and even if it is indeed possible, it can only be recognized after being recognized and verified by many cases and the people.
Therefore, in a country like ours where the legal system is far from perfect, we must improve our laws, regulations, and provisions as soon as possible, and we must not allow certain aspects and places to become a wasteland of the legal system. Perhaps only when the rule of law is sound can we have the ability to curb the rule of man, the emergence of cases of collusion between lawyers and judges, and the arbitrary interference and interrogation of the law by leading administrative cadres. It has also strengthened the people's strong awareness of the legal system, so that the broad masses of the people can fully understand and understand that we are a country ruled by law, and everything in the state must be carried out in accordance with the law. You don't have to spend a lot of unnecessary losses on gifts and treats to find a relationship.
Rule. Nowadays, people have lost trust in others, they have lost trust in themselves, and they can only count on the system to solve everything. From the rule of man to the rule of law, this is undoubtedly social progress, but it is very naïve to imagine a hypothetical future in which everyone abides by the rules of the game, including the makers and enforcers of the rules, and allows power to work for the rule of law. When power is not power, but becomes service, it is not the result of the rule of law, it is the brilliance of human nature. As a simple analogy, the property management of the community is closer to the national public management, each owner pays money to the property company, just like the people pay taxes to the state, the owner requires the property company to manage transparently, the property personnel are for the owner to serve, but the property management personnel must also restrain the owner to violate public order, and the owner can not arbitrarily make the property practitioners.
It can be seen that property management is also the exercise of "public power" on a small scale, which can be described as a miniature version of state management. There are three identities for community property managers: one is the identity of the service provider, who takes people's money to do things for others, and takes people's money to do things for the people, which is justified; The second is the identity of the executor of the system, although I took your money, but you can't influence others and harm others, otherwise I will punish you according to the rules and regulations; Third, property practitioners are also members of the community and have the right to enjoy all the rights that the community should have. As far as the state is concerned, it is true that being an official is to serve the people, but being an official is also the executor of the system and a member of the same social citizen, and people often erase the third identity of the official, and this starting point is untenable.
The same is the system, why the system of the community is easier to implement, not that the system of the community is advanced, not that the community has no politics, but that the consciousness of the people in the community is high, and the sense of home is strong, and everyone understands that the security guard is taking care of the home for himself. However, when social things are enlarged, it is not how political this relationship has become, but people's latent consciousness has changed, the community is my home, the country is so big, there is no "me" consciousness. We have not seen the owners of the community calling the property personnel around, no one shouting "I pay you money, you have to serve me", but when the property staff helped, they repeatedly thanked them, and gave red envelopes to the property security guards during the New Year. Community property management is a microcosm, the characters are also varied, and they have great value for social management.
In the past, enterprises often talked about "institutionalization", and also tried to change "rule of man" to "rule of law", promote the development of enterprises to "public", and also emphasized that "there are laws to follow, laws must be followed, law enforcement must be strict, and violations must be investigated". The institutionalization of enterprises is also to seek "fairness and justice" in an idealized state, so as to institutionalize the management deviations caused by human governance and the adverse consequences brought about by it. Later, the bosses found that the system and system alone can not solve the fundamental problem, so today, the enterprise talks about culture, culture is a nihilistic thing, more outrageous than the rule of man, but the business owners found that this kind of nihilistic thing is precisely the essence of management. From the system to the culture to educate people, the enterprise is a small unit of society, what kind of thinking does it bring to the national managers?
First of all, the legal system was formulated by man, and it was an expression of the will of the ruling class in the past, and it is still an expression of the will of man, and it will be in the future. No matter how objective people are, they have their own personality and position, and even the legal system in which the majority votes has the problem of subjective consciousness. When the legal system is put into society, there will always be contradictions and inadequacies, and the contradictions of the rule of law itself will always exist. The legal system is also affected by the social **, national culture, and political environment, as well as timeliness, and so on, when the legal system is formulated, it is deeply branded with the rule of man, how can it erase the rule of man?
Second, the vague concept and spatial possibilities of law provide infinite possibilities for the rule of man. There are ambiguities and possibilities in the law itself, for example, the nature of homicide is also different, there are intentional homicide, there are malicious homicide, there is murder without eviction, there are several killings, there are manslaughter, and so on, the legal system itself cannot be one-size-fits-all, and needs to be judged according to the severity of the circumstances and the will of the legal subject.
Third, the law must be enforced by people, and human nature determines the realization of the rule of law. No matter how perfect and fair the law is, in the hands of the executor, there will always be deviations. The same offence may be punished by 10 years in City A and 5 years in City B; In the view of Justice A, the sentence should be lenient, and in the view of Justice B, it should be given a heavier sentence. As long as the law needs judges to decide cases, deviation and human rule will always exist.
For example, the new version of the "Road Traffic Safety Law" stipulates that drunk driving is severely punished, and this law is enforced by the traffic police. Driver B was drinking at the same place, passed through the road section, and was arrested and taken to prison by the traffic police. It is reasonable and legal to arrest driver B, but if you release the traffic policeman and his father, it must be considered to be selfish. This kind of selfishness, I think everyone has it, if this traffic rule does not need to be imprisoned, just a fine, maybe it is different, is it a legal problem, or a human problem?
All law enforcement will be such a result, enforceable, non-enforceable, strictly enforced, lightly enforced, open and closed. The leader greeted and said that he let go of someone, he is the God of Wealth who came to invest in your land, nothing happened to him after drinking some wine, you are a traffic policeman, can you let it go? It is legal not to let go, but it is dereliction of duty to let go. What is right and wrong with such an execution? This is the rule of man that cannot be avoided, cannot be avoided, and cannot be faced. The law is not governed, and it seems even more boring.
Fourth, the multi-level enforcement of the legal system has made the rule of man more complicated and obvious. The formulation of laws, the implementation of laws, and the supervision of laws are separated from each other in the world, so this system includes the implementation layer, the supervision layer, and the supervision layer, and each level has the possibility of deviation, thus forming a multi-level artificial influence and highlighting the characteristics of human governance. It is formulated by people, then implemented by people, and then supervised by people, and there is a separation of powers, which seems to be perfect and quite interesting. In actual social management affairs, the more people participate, the more there is no rule of law.
If a person commits a crime, the public security department will collect evidence, and there may be false testimony or perjury, as well as one-sided evidence collection, selective evidence collection, and the destruction of evidence. The court judged the case based on evidence, and it is reasonable to operate it by entering the evidence into the machine, but unfortunately no such machine has been invented now. The era of judges is the embodiment of the rule of man, and the system is dependent on people. No matter how good the system is, the people who implement it determine the outcome of the legal system, and institutionalization cannot replace the "rule of man".
The legal system draws a frame for society, and the "renovation project" of society is artificial. Regardless of whether there is a system or not, no matter whether the system is good or bad, there are people involved in the whole process of management, and institutionalization is just a kind of "legitimization" of "rule by man". It is not denied that institutionalization and rule of law are because the legal system is a tool for state management, remember that the rule of law is a tool, not omnipotent, and relying entirely on the system is equal to no system, and the success of social management does not depend on the superiority of the legal system, but on human nature and culture, that is to say, the same legal system may be implemented well in the United States, but it will not work in China. The legal system is clear in front of the pure; In the presence of turbidity, it is turbidity; In the presence of the greedy, it is greedy; In front of the front, it is the right. In the same way, corruption does not depend on the supervision mechanism, which, no matter how perfect, cannot replace the functional departments to carry out their tasks. Practice tells us that good officials are not supervised. As long as there are people who operate and implement the system, there is no system that can jump out of the "rule of man".
For many years, people have longed for the "rule of law" to seek fairness and justice in the whole society, thinking that the law can replace "people", the rule of law can replace "rule of man", and use the legal system to change society and solve all social problems. In the final analysis, the legal system is not a mechanical program, all the rules of the game cannot be designed and operated by machinery, it is dead, only good human nature can activate a good social system, so the rule of law is fundamentally inseparable from the rule of man. People often make the mistake of trying to replace morality with law, replace character with system, and solve the problem of human nature with the rule of law, which is doomed to failure. Any substitution of institutionalization for "rule by man," exaggerating the role of institutionalization, and ignoring the role of "rule by man" will be harmful to society.
It is people who govern society, to be precise, people use the legal system to govern society, and the legal system is a tool for social management. Many people don't understand this, thinking that if there is a legal system and the spirit of the rule of law, there will be no good people in social governance, and bad people can also be governed fairly and justly, which sounds very funny. No matter how the law is established or how superior the system is, there are inherent deficiencies and defects. The establishment of the legal system is not equal to social management, the implementation of the legal system is management, the key to implementation lies in people, and talent is the master of the legal system.
To sum up: "rule of law" is inseparable from "rule of man", and "rule of law" should be combined with "rule of man", such as the Ma Shushan case, there is no "greater" power. It is impossible to correct Ma Shushan's "innocence," the party must strengthen its absolute and comprehensive leadership over the judicial organs, promptly supervise and correct the unfair judgments and judgments of the political and legal organs, and must not allow the judicial organs to independently handle cases and turn them into independent kingdoms, and unscrupulously enforce the law, bend the law for bribes, and act indiscriminately, and severely punish judicial personnel who violate the law, bend the law for bribes, and fail to act in a disorderly manner, and strive to make the masses of the people feel fairness and justice in every judicial case.
Chen Zhonghua, director of Beijing Zhonggong Legal Consultation Center
On the way home is the New Year