Chapter 36: The Spirit of the Law Sequels
Continuing from the previous part, the spirit of the law. Pen & Fun & Pavilion www.biquge.info
(1) Why should a national bankruptcy law be established?
The bankruptcy law must be based on citizens and legal persons and become the basic law owned by all citizens and legal persons. The reason why Westerners set up bankruptcy laws is because the cornerstone of resolving the contradictions among the people is the compromise spirit of the "social contract", and in order to achieve the effective implementation of the contract, compromising the contradictions between the two parties is the best solution. The bankruptcy law is the result of a compromise between the parties to the social contract, and it is an important political duty of a republican state to sacrifice the interests of creditors in exchange for the safety of the lives of family members. Therefore, Westerners have established a national bankruptcy law to protect the lives of those people who are in a desperate situation and guarantee the rights of their normal citizens. This is where the wisdom of those who hold philosophical ideas comes in.
Looking back at the root causes of social unrest from a historical perspective, in the event of natural disasters caused by severe climate change, the vicious changes in the economic downturn will follow, and the survival of the people has begun to be threatened. Survival in this environment, the natural disasters caused by periodic severe climate change have destroyed the original living environment of the people, and material scarcity will follow, and the serious material shortage will inevitably destroy the original good and trustworthy contract spirit of citizens and legal persons, and destroy the normal operation mechanism of lending. In the harsh economic environment, the income of the vast number of ordinary people has been greatly reduced, in order to survive, the people will borrow money from the rich, which will form a polarization of the rapid rise, leading to the disorderly concentration of wealth, the more the rich are in the difficult economic period, the easier it is to create wealth accumulation, in turn, the poor will also be poor due to poverty and borrowing will produce a heavier debt burden, in turn will be poorer, what to do?
Whether it is a citizen or a legal person, as long as you are not a malicious overdraft, malicious borrowing, as long as it is a loan generated by normal production and life, under the non-human natural factors, the insolvent loan caused by irresistible destruction can be protected by the bankruptcy law, so that the creditor can not put pressure on the debtor at will, forming a factor of social instability。 Because creditors are only a minority of the people, while debtors are the broad masses of the people at the grassroots level, sacrificing the interests of a few people in exchange for the stability of the majority is in line with the spirit of the law.
The emergence of the bankruptcy law is a clever and intelligent design, do not underestimate this unnecessary law in the eyes of the Chinese, it is with this law that Westerners have resolved the internal contradictions of the people and avoided many major internal wars of the people. Why?
As long as the common people are well fed, clothed, have a stable economic income, and the family economy is not burdened with excessive debts, no one will arbitrarily stir up troubles, challenge the bottom line of peace, make enemies of the state and society, and launch attacks on the inherent social order.
It is only when the economy is in extreme desperation that the people will launch a revolt. Looking back on history, any people's internal war in history was because natural disasters intensified the internal contradictions of the people, and the incorrect handling of the royal power was the inducement to intensify the internal contradictions, and eventually led the government to become a victim of periodic natural disasters, in order to overthrow the current government and establish a new regime in exchange for the release of spiritual and material pressure, which is also a helpless move of the people.
In fact, the ancient Chinese government did not deliberately increase the people's taxes during the period of economic downturn and cyclical fluctuations, and under normal circumstances, the ancient Chinese emperors would often reduce or reduce the taxes in the disaster areas, but in the end, the people were still the opposite, why?
The reason is very simple: the grassroots civil law is unreasonable, inhumane, unintelligent, and cannot make up for the defects. What is the purpose of Westerners in using philosophy? Don't look at the words spoken by Western philosophers that are so profound and difficult to understand that they make you feel that there is nonsense, but in fact there is great wisdom in it, and wisdom comes from the word "wisdom" in philosophical thought. Westerners set up laws from the top, starting from the grassroots and starting from the grassroots people. The Chinese try to do the opposite, the Chinese try to start from the grassroots level, build at the top, and develop to the emperor, and the whole world is the emperor's people. Whether Westerners are smart or Chinese are smart, everyone can see at a glance.
Looking back at the bankruptcy law, the bankruptcy law is a set of legal system designed from the top level and set up from the grassroots level by Westerners using philosophical ideas, which has saved countless families who have been impoverished due to disasters, resolved the disputes between people at the grassroots level, between debtors and creditors, resolved the internal contradictions between the people, and enabled the people to get a respite in the case of natural periodic disasters, which has played an important role in stabilizing the social order for the country.
Do not underestimate the Chinese believe that there is no need for the national bankruptcy protection law, when the economic development reaches a certain stage, the crisis of creditor's rights and debts will inevitably come, and social contradictions will also form the form of an inverted pyramid, and how to resolve these contradictions is the necessity of basic civil law. When the social contract cannot fully fulfill its responsibilities, the basic civil law compromises the spirit of the contract to ensure social stability at the expense of the interests of the wealthy, so as to achieve long-term peace and stability, which is in line with the spirit of the law.
When a person's debt burden has exceeded all his property, the person is already bankrupt and has no ability to pay the debt burden, the spirit of the social contract is broken, and the law protects them and gives them the power not to repay their debts, such a law is in line with the spirit of the law and is wise.
It is precisely for this deep-seated reason that the law not only dissolves the will of a person in a desperate situation to resist, but also calms the consciousness of a person in a desperate situation to fight back.
Why did all peasant uprisings in ancient China produce tremendous energy and cause great destruction? The problem lies here, because the debtor is looking forward to the arrival of a new social power, and only when the new order arrives can he release all the physical and mental pressures and start a new life. Even though the risk of insurrection and struggle is enormous, where can people in desperate situations take care of so much? In any case, they all die, and they are born after death, so it is not surprising that the main members of the rebel army in ancient China were poor.
The internal contradictions of the people must be channeled, not blocked, and the resolution of internal contradictions among the people must be designed at the top level, covering the whole people from top to bottom, and the upper level must not design when there is a problem at the lower level. The British parliament is in full swing every day, arguing endlessly, about what they are arguing about, which is to design the superstructure, to reach a political bill of compromise with many parties, so that the whole population can be covered in order to achieve long-term peace and stability in the country. If there is no super-intelligent top-level design, relying on the people at the bottom to cross the river by feeling the stones, it is not only the people at the bottom who will eventually be submerged, but also the superstructure.
(2) Why should the people have faith?
People have faith and place their spirit and soul on a certain god or a nation, and there is no cause for good or evil, just because people who do not have a soul and have a mind are more inclined to go their own way, "If we cannot have the idea of the existence of a god, then there will be a rebellious idea." If people have the concept of "the existence of gods", they can transcend themselves, put their spirit above wealth, glory, pain, joy and sorrow, reduce the psychological pressure of fear caused by atheism, eliminate rebellion and free thought, and become a person with good qualities, norms of conduct, full of confidence, and the courage to take responsibility.
(3) The wealth of priests, monks, imams, and Taoist priests should be restricted
According to the principle of public welfare of wealth, the wealth of priests, monks, imams, and Taoist priests should be supervised and managed, and the economy of private temples, Taoist temples, and churches should be controlled. That is, the unit family can die, while the unit temple can exist for a long time. From the point of view of economics, if the economic entities inherited from generation to generation are not restricted, they will inevitably bring about the consequences of a huge increase in wealth, and the expansion of the family cannot lead to excessive concentration of wealth, because the family members will be divided into different unit families, while temples, Taoist temples, and churches do not have the phenomenon of unit differentiation. Therefore, wise governments will take measures to limit the disorderly expansion of temples, Taoist temples, and churches, and the possession of large amounts of wealth, and even feudal dynasties will strictly control the disorderly growth of the wealth of priests, monks, imams, and Taoist priests.
It is very unreasonable for priests, monks, imams, and Taoist priests to grab wealth endlessly, which is contrary to the principle of fairness and justice. Therefore, in the socialist republic, the wealth of temples, temples and churches in any form should be recorded and operated by full-time staff, and a third-party supervision committee should be established to ensure that all the funds for the normal operation of temples, temples and churches are handed over to the state treasury, and this regulation should be clearly written into the religious law.
(4) Renunciation of one faith is painful, and it requires a huge price, even bloodshed, and sacrifice to usher in another sky of ideas.
It must be painful to give up a religion, and it will take a huge price to get rid of the inherent belief and be forced out of the spiritual world, and even to shed blood and sacrifice in exchange for spiritual liberation, but if you want to restore a religion, you can't resist it like a flood of beasts.
(5) The words of the saints are the guiding light for the people to move forward
Economic development is regular, and smart people are not suitable for business, because smart people have a common problem of slow reaction and laziness, while businessmen are hard-working people and very patient. A successful businessman's intelligence is not necessarily high, don't think that what Ma Yun said is full of wisdom, in fact, his words are not philosophical at all, everything he says is a repetition of the words of his predecessors, no matter how ordinary, his words only make you listen to it, just because he has the aura of money, in fact, his words are not too valuable, and they will not become classics. He is just a successful businessman, the wisdom of a businessman is just the wisdom of ordinary people, the success of a businessman does not need too much wisdom, a businessman only needs a forward-looking vision, brave spirit and patience is enough, if there is excessive wisdom will consume his courage and patience, make him look like a mouse, and miss business opportunities.
The success of a businessman does not exist in isolation, and it does not simply depend on the ability of the businessman himself. The success of a businessman requires many factors, and more importantly, it needs the background of the times and the factors of chance. Hu Xueyan of the Qing Dynasty was very successful, he was one of the few red-topped businessmen in the Qing Dynasty, and his successful experience can confirm that successful businessmen must have strong characteristics of the times. However, because ancient China was a closed royal state that valued agriculture and suppressed commerce, almost all merchants in ancient times had a tragic end, among which the red-topped merchants had the most miserable end. This is not an accidental phenomenon, but a universal law.
It is not the businessmen who can really remember and enshrine their words as holy words in the world, but people like Confucius, Socrates, Hegel, etc., who are not wealthy and do not succeed in life in reality, but their ideas are the guiding light for future generations.