Whether power is greater than the law or the law is greater than power is a big and complicated issue, and it is not something that can be clearly explained in a few words, nor can ordinary people explain it clearly. The following are a few simple understandings of me, not shallow and ugly, and the right to throw bricks and stones.
First of all, from the perspective of legislation and law enforcement, there is no doubt that power is greater than the law. There are three reasons for this: its.
1. Laws are formulated under the auspices of those in power, and embody the will of those in power (or rulers); That.
2. The law is enforced and upheld by those in authority. The person in power has the power of execution and discretion within the legal framework; That.
3. The law is amended under the auspices of those in power. When the law does not suit the needs of those in power, or when the law does not fully reflect the interests of those in power, the person in power may revise the law. To sum up, power is definitely greater than law.
The ancient Greek philosopher Plato said, "In a nation, the law is always made by the power of the strong." In other words, the law always represents the interests of those in power and serves to maintain its dominance.
On the other hand, in terms of the role of law, law is greater than power. Once a law is enacted, promulgated and implemented, it must be equal before the law. Because "the law must be just, otherwise it is not the law." In a society governed by the rule of law, no one or any organization is above the law, but must abide by the law, administer according to the law, and act according to the law. Any person or organization that violates the law must bear the corresponding legal responsibility and be punished by the corresponding law.
The rule of law is the limitation of power. The law has a restraining effect on power, and power must operate within the scope permitted by law, otherwise it will be illegal and will be punished by law. As the ancient Roman poet Ovid said, "Laws and decrees are made so that the strong do not run rampant in everything they do." "The law is the bottom line, and without the restraint of the law, power is a flood of beasts, which can act recklessly and destroy everything.
To sum up, whether power is greater than the law or the law is greater than power cannot be understood simply literally, and there are different interpretations from different angles. In a society governed by the rule of law, the law represents the will and interests of the vast majority of the people, and is the code of conduct and the bottom line that all citizens must abide by. If some people or certain organizations use the power in their hands to override the law, such an act of having more power than the law is itself a serious violation of the law and a violation of the principle of the rule of law, and will inevitably be resolutely opposed by the people, and will eventually fail and be punished by the law.
Su Shi argued in "The Book of Two Systems on the Corresponding System": If a person wins the law, the law is a virtual weapon, if the law wins over a person, then the person is a reserve, and if people and the law go hand in hand but do not win each other, then the world will be safe. The meaning is: human affection trumps the law, and the law becomes a decoration; If the law restricts people, then people are in a secondary position, and if people and the law go hand in hand and do not surpass each other, then the world will be stable. This can also be understood as the relationship between the rule of man and the rule of law. the rule of man does not go beyond the rule of law , and under the rule of law , the subjective initiative of the people in governing society is fully brought into play , and the power is correctly exercised , and the rule of law and the rule of man complement each other and complement each other , then the world will be stable, the society will develop , and the people will be able to live and work in peace and contentment.