(1) The law is the spirit and represents the will of the people

Ancient Chinese Legalists believed that "the power system is determined by the monarch's authority", advocated that the legislative power should be in the hands of the monarch and not exercised by his subordinates, and established a feudal political system and legal system of extreme autocracy of the monarch in which "all matters in the world are decided by the top". The monarch himself is above the law and beyond the law www.biquge.info the pen, the fun and the pavilion.

Western Legalists believe that the spirit of the law comes from the reflection of objective existence by the subjective consciousness of human beings. Law is a means of judging the parties and the parties from the objective standpoint of a third party.

The concept of law was formed at the beginning of human beings, the channel of law, and some people have both law and no one has law. Law is a jurisprudence that is naturally formed under the rules of nature. The formation of human law comes from the natural justice of human beings and from the ideology of human beings. That is to say, human beings have been completely conscious of intuitive reason since the beginning of their existence, and it can also be said to be intuitive mechanical reason that they see with both eyes, and through intuitive reason, a completely conscious sense of justice is generated, and this feeling comes from human nature and from the laws of nature. Of course, natural law is not an isolated individual, it needs to be embodied between groups.

Dharma is not an isolated unit, and the Dharma must be referred to by specific objects in order to form the concept of Fa, which is the reason for the exclusion of the same sex and the attraction of the opposite sex in nature. Primitive rationality is based on intuitive feelings in the initial stage, and sensibility comes from not understanding why something happens, and through intuitive feelings, primitive moral norms are derived, which is the basis for the formation of natural law. "The way is not the way, the way is very good. The name is not a name, but the name is not a name". There is no road in the world, and when there are more people walking, it becomes a road. However, the Dharma is different from the Tao. Tao is the law of natural formation, Tao is the original legal principle of the formation of species in the world, and law is the law of nature produced in the formation of species.

Law is formed on the basis of material conditions, but it is inseparable from the domination of ideology. In the primitive state of human beings, the Fa is only an intuitive reason that is consciously generated. But since the formation of human society, it has ceased to be primitive reason. Since the beginning of the formation of human society, mankind's understanding of the Fa has risen to a higher level, but the truth has been established in the process of continuous exploration, and the truth will not be achieved in one step.

Since the formation of a universal group in human society, law has ceased to be natural law. The meaning of the law is expanding, the spirit of the law is expanding, and the contest between justice and evil is measured by the measure of the law, until the modern laws and regulations are formed.

The Fa has been above everything since it was formed, the Fa is boundless, and all people's actions operate under the Fa. However, since the society forms the state, whether in the East or the West, the law exists as a tool between social hierarchies. It was the Western jurists who really spread the spirit of the law to the world. Westerners believe that the law cannot put the spiritual leader at the top of the people, nor can the spiritual leader be placed outside the law. However, the Oriental people do not think so, and the Oriental people believe that "the power system is judged by the monarch's authority", and the law comes from the monarch's authority. This is a distorted legal principle, "the punishment is severe, and the people dare not try, so there is no criminal punishment in the country", showing the people with heavy punishments, so that the people feel afraid and dare not violate the law, so as to achieve the goal of the people in the country who have no crimes.

(2) Law is the focus of honor and power. The law is like a shadow, and it is only for a small number of people in the whole people.

In the eighteenth chapter of this book, I said, "In fact, the law is the means and measures to protect the whole people, and the law is like the shade of a tree, sheltering the people under the tree, but the law only imposes coercive measures against a small number of people who violate the law and violates the law, and does not target everyone." The law is supreme and exalted. The law, which guarantees the rational demands of the whole people, only applies restrictive measures to a small number of lawbreakers among the people, but protects the whole people like a mother, so it completely falls within the scope of 'divided into three' and belongs to the place where objective idealistic thinking is practiced. Therefore, the spirit of the statement is full of elements of power and honor, and it is attributed to ideology.

The government is like a father, trying to feed every citizen under his system, and the humanity of the law is like a shade, like a mother's heart, trying to care for every citizen in her arms.

Both the government and the law are obligatory entities for all citizens, but the government is the fulfillment agency for the distribution of wealth, and the focus is on the prosperity and poverty alleviation. The law is the organ of power that shelters everyone, and the focus is on suppressing the strong and helping the weak.

The government and the law are the responsibility of the whole people, but the government is a power organ for all the people, focusing on governance and benefiting the people. However, the law only applies corrective measures to a small number of people in the whole people, and focuses on correcting and curing evil.

Therefore, the government and the rule of law must not be confused, because the government is a power organ for all the people, and the rule of law is only for a few people in the people.

This is also the fundamental reason why countries with strong Confucian ideas in ancient times were very prone to uprisings, while in the history of Western countries where the philosophical system was applied, there were few large-scale uprisings. ”

(3) The law precedes the state, and the law channel is derived from the laws of nature

The law has existed since the beginning of mankind, and the original essence of the law is to punish the evil and promote the good, and put an end to injustice. The Dharma is not an isolated individual, and the Dharma must have a reference in order to obtain a three-dimensional composition of positive and negative reflections. I don't know that good is incomparable to evil, and I don't know what is good and I don't feel bad. Good and evil, good and bad are opposites, and the law is precisely out of the law of balance to smooth the relationship between the two.

The Dharma channel is a concept that is naturally formed. But there is no morality, the law is the law, and the virtue is the virtue, and they have nothing to do with each other. The law is correct, and the virtue is straight. Law comes from the reflection of objective existence by human subjective consciousness, and law enforcers should be a means of objectively judging the parties and the parties from the standpoint of a third party. And "the song is complete, the vain is straight, the depression is profitable, the new is new, the less is gained, and the more is confused" is virtue. Virtue is the rule of seeking profit in the depression and bending the straight, so virtue is not law, virtue is the law of nature, but it has the merit of natural law.

Law is man's reflection of the objective existence of the development process of things. For example, in civil law, the original intention of civil law is to strengthen the strong and not to bully the weak, to do good not to drive away evil, to uphold the right and eliminate the evil, and to punish the law if it is wrong.

(4) Taxation Law

Montesquieu said: "It is a general rule that the greater the liberty enjoyed by the people, the heavier the taxes will be levied, and the more oppressed the people will be, the more they must be reduced." This has always been and will always be the case. This is a law derived from human nature, which is eternal and unchanging. "So the taxes in ancient China were very low, and the Chinese dynastic politics did not have the idea of feeding back to the people, only the idea of maintaining the rule of the king, so the emperors of ancient China paid very low taxes in the early days of the founding of the country, and the taxes collected were only used to maintain the operation of the country, and there were only two expenditures, namely royal and royal army expenses and royal government expenditures, as for the people's livelihood, ancient China basically did not have the concept of people's livelihood, only the concept of civil, so there was no talk of feeding back to the people. This situation comes from culture, the civilization of the East comes from the Oriental culture, different cultural backgrounds will inevitably produce different legal concepts, Chinese Confucianism naturally lacks the concept of feeding the people's livelihood, and naturally the legislators of ancient China also ignored the problem of people's livelihood.

5. Children are the future of the country

Children are the future of the country, the protection of children is an important law of the republic, because among these children there are the rising stars of the republic, there are the spiritual leaders of the republic, so the protection of children is as important as protecting our eyes, the law on the protection of minors is a strong guarantee for children, of course, the protection law is not one-sided care, but also includes punishment, we should promote justice, and evil must be curbed. If justice is not promoted, but evil is everywhere, it is the republic's lack of the spirit of law.

(6) Protection of women's rights and interests

Women are an important part of the country, accounting for half of the country's population, and women in the republic support the national edifice as well as men, and naturally women should also be protected with the same rights and interests as men. Naturally, this includes both the material and spiritual needs. However, it should be seen that the natural irresistible reason between women and men, women are inherently weaker than men, so the laws of the republic, while protecting women obliquely, cannot suppress women's original values with men's moral standards, and women's physical conditions in exchange for moderate remuneration should be protected by a patriarchal society. This is the reason why women's natural rights have never been equal to men's rights. In a republic where women's equality with men cannot be ensured, a moderate tolerance of a woman's exchange of natural conditions for material benefits should be protected by law, both in terms of legitimate interests within the marriage relationship and in the interests of the outside of marriage. Japan is doing better than the Americans and Europeans in this regard, and this is also related to their traditional beliefs.

(7) The original intention of the inheritance law

The original purpose of inheritance law is to prevent the next generation from having excessive wealth obtained without work. Therefore, in the Middle Ages, Westerners set the order of inheritance between the husband and the child, including the siblings of the patrilineal and maternal lines.

But in practice, this medieval law of inheritance has lagged behind modern society. For example, if we use the principle of inheritance law to distribute the property of a rich man with a wealth of tens of billions of billions, we must divide the wealth of the rich man into countless equal parts and distribute them to his successors in the following order. However, you must know that when the wealth exceeds a certain stock, the wealth is not the gold and silver that exists in isolation, nor is it the currency in circulation, but the corporate assets in the form of value, land reserves, real estate prices, stock earnings and other valuable capital, but these assets are not isolated money stock, these assets exist in social relations, because under these assets include some labor, if the original intention of the inheritance law is bound to disrupt the original social system, then if these assets are really evenly distributed, the risk to the society far exceeds the good intention of the inheritance law。

Recently, I read an article by a law professor who believes that China's inheritance law should inherit the traditional Chinese concept, and the inheritance law should return to the old family elder-style inheritance method, and the inheritance rights should be obtained by the patrilineal relatives. This is the reason why China's modern experts and professors are not respected by the people, and these people always publish something unrealistic. What is the era of modern China, or the four generations of the past? Why don't you learn about the actual family relationships and keep your mouth?

We can ignore the original intention of the inheritance law, only look at the material basis to determine the ideology, and discuss the true meaning of inheritance from a materialist point of view. Ensuring the regenerative nature and continuity of the material base is the original driving force for ensuring social development. This is a materialist point of view. From this point of view, the establishment of inheritance rights is not only for the purpose of distributing the inheritance, but also for the protection of the regeneration and continuity of the inheritance than in different equal parts. The establishment of the inheritance law is not only for the sake of fairness in the distribution of wealth, but also from the perspective of social development, the traditional Chinese family inheritance method is no longer practical. Outdated concepts cannot be incorporated into the civil law under any circumstances, and this has the spirit of violating the law.

Even if the original intent of inheritance law is abandoned, the right of an insignificant person to obtain an unjust enrichment cannot be accepted. If the inheritance law returns to the secular concept of the Chinese, it will inevitably lead to unjust enrichment, which will violate the spirit of the law. The reason is that the family structure in China today is no longer the family structure of the old era, and many families are the family model of the unit direct structure, that is, the family formed by young people in adulthood is a husband and wife world, and the situation is usually that the vast majority of families are economically independent, and there is no mixed model of large families. From the formation of a family to birth, old age, sickness and death, a husband and wife exist and develop in an economic structure, and have little to do with their parents and siblings, even in rural areas, siblings maintain their own independent economic basis, that is to say, there is no economic exchange between siblings, so why should the relationship between siblings without economic mutual benefit support their siblings to have inheritance law in today's law?

The spirit of the inheritance law comes from preventing the next generation from excessively owning unearned wealth, and the original intention of the inheritance law is to prevent children from excessively obtaining unearned wealth. Hehe, if the inheritance law allows siblings to have the right to inheritance, then aren't the unrelated economic individuals also breaking the original intention of the inheritance law and allowing unrelated people to obtain unjust enrichment?

If the right of inheritance is exercised according to the consciousness of this professor, then all members of the same clan who did not have any economic relations during their lifetime can obtain the right of inheritance, and where is the word fairness embodied in this law?

Recently, I saw a report that there was an only child in a big city, the father died ten years ago, the mother did not remarry, and after the mother's death, the only daughter went to the real estate department to buy the property in her mother's name, but the housing authority told her that she must call all the siblings of her parents and write the right to renounce the inheritance in person, or take out the will of her parents, otherwise she will not go through the real estate transfer procedures.

Seeing this report, perhaps many Chinese are ignorant, many people will understand this requirement of the real estate department, do not know that the inheritance right will encounter such embarrassment, but also bring a smile to some ill-intentioned people. If according to this provision, that is, the siblings of the parents have the right to claim the inheritance because of their blood relationship, then what kind of law is this provision based on?

If the original intention of the inheritance law is to prevent children from excessively owning the wealth left by their parents, is it not unfair for the siblings of the parents to share the inheritance? If the siblings of the parents do not give up the right to the inheritance, I am afraid that the courts in the future will be squeezed out of the door just to handle the inheritance case, is this unfair?

Of course, the truth is not in place in one step, but the most unharmed thing is the children of the 80s, 90s, and 00s, because these children have lost the affection of having brothers and sisters because of the family planning policy, and when they have the inheritance of their parents, they have to be destroyed by their brothers and sisters from their parents.

The purpose of the Marriage Law, both in the West and in the East, is to establish a stable family unit and form a grassroots structure for social development, with only one purpose being to reach a compromise contractual agreement spirit to ensure that the most basic unit of the society within the country maintains harmony and stability, so as to ensure the long-term peace and stability of the country and society. Montesquieu said: "The more the family loses its unity, the more the law should concentrate the various scattered parts in a single centre, and the more scattered the interests, the more the law should direct these scattered interests towards a common good." ”

(8) Private Property Law

In the republic, the protection of private property rights by the State is a must. However, in the socialist republic, the goal of the republic is to realize an equal and harmonious society shared by all the people, and private ownership is not the main ideology under the leadership of the socialist republic, and the purpose of socialism is to finally eliminate private property and achieve the goal of a communist society. So why is "the property rights of the public economy inviolable, and the property rights of the non-public economy are equally inviolable." "What?

In order to reconcile the contradiction between human psychological aspirations and human natural desires under the existing mechanism, and in the case that the wishes cannot be achieved immediately, the state compromises the natural nature of human selfishness and establishes legal protection for private rights out of balance considerations. However, it should be understood that in a socialist republic, shared ideals will always prevail over the selfish desires of nature, and will eventually be eliminated in order to realize the ideal state shared by all the people.

9. Law and morality

To put it bluntly, straightforward moral preaching is not enough as a basis for legislation, and moral considerations are only distorted statements and cannot be used as a basis for punishment. Therefore, the moral standard is completely different from the spirit of the law. The spirit of the Fa is the righteousness of heaven and earth, which is vast and eternal.

With justice, the law can go straight to the subject and assume responsibilities and obligations. And morality is just preaching, clamoring until the sky is dark, and it is just an irresponsible sanctimonious hypocrite, because he is not responsible, the hypocrite will take the moral ruler everywhere to measure the shortcomings of others, quantify morality above the standard he thinks, and erase the power of justice.

The essential difference between morality and law is that morality is not responsible, while law is the main body of responsibility, and there is a law that must be followed, and violations must be punished. And virtue is just a standard, you can choose to use, you can also choose not to use, there is no risk of liability, there is no need to be upright. Therefore, the country should be governed by the rule of law, not by virtue.

Morality is mechanistic reason.

Don't think that the era of robots will be the most scientific, rational, moral and rule of law era, if one day human beings really enter the age of robots, it will be a very terrifying world. Because the robot does not care about law and morality, it will only be sensitive to external injuries, and the robot is extremely sensitive to safety, which is due to the fear of mechanical reason, which is the ironclad natural law, and all mechanical intuitive reason is afraid of itself and intimidating others. This feeling of fear will be distributed in every tiny part of the robot, once he feels that you may be a threat to him, you may hurt him, then, he will directly kill you, and will not engage in any fair trial, which is the reason why mechanical reason has a tendency to violence.

However, the spirit of the Fa is not like this, and the Fa is born with the spirit of righteousness and the suppression of evil forces. From the perspective of an objective third party, the law examines the bitterness and bitterness of the human world, and impartially judges the actual interests of the subjective parties, so as to achieve a just and fair legal world.

(10) Long-term mechanism of law

A republican socialist country should not collect taxes and fees on citizens' land property by any form of taxation, let alone collect land taxes on private property rights in the form of setting a time limit, which will only trigger the probability of hyperinflation and consume citizens' psychological pursuit of long-term and sustainable development.

A long-term legal system is a necessary means for young urbanizing countries to avoid risks such as the Great Depression, bankruptcies, aging, stagflation, industrial transfer, and class consolidation. Important laws must adhere to the principle of consistency and cannot be arbitrarily changed.

Economic law must be a legal system that adheres to long-term and durable use. The economy is a cyclical economic jurisprudence, and there is an immutable circular mechanism. The cyclical nature of the economy determines that the economic law is an economic jurisprudence that repeats the cycle of the four seasons, so all laws related to economic development should be long-term effective jurisprudence, and this spirit also comes from the principle of "social contract".

(11) Confucianism and philosophy

In recent years, some people have continuously proposed to discuss "promoting the integration of Confucianism into modern society", which shows that many Chinese still do not have a deep understanding of the authenticity of Confucianism, and some even put forward the concept of "contemporary neo-Confucian thought". As long as it is Confucianism, you will not be able to escape the golden hoop circle of dualism, you will not be able to escape the simple, rough, and straightforward Confucian etiquette and teaching, and you will not be able to escape the rational speech of the rules.

No matter how you develop it, you can't escape the rational vision of Confucianism to see the world with two eyes, you can't rise your thoughts to the idealistic world of objective reflection, you can't experience the bitterness and bitterness of the objective idealistic world, and you can't enter the colorful objective idealistic world, otherwise you are not Confucianism, let alone the old and new Confucianism. If you jump out of the dualistic structure theory, you will no longer be Confucianism, and there is no such thing as old and new Confucianism. If Confucianism is elevated to the objective world that can be seen by three eyes, then it is not Confucianism but philosophy, but what about the new Confucianism? Otherwise, you can only go back and return to the world where "religion, law, customs, and etiquette are all mixed together."

In the East, all thought is just a shell walking under Confucius, in the West, all philosophy is just a theory that follows the thought of Socrates, and if you want to have Confucianism, you can only be a shadow of Confucius, but you cannot surpass Confucius. In the same way, if you want to have philosophy, you can only be a rower under the Socratic lamp. That is to say, if you want to have Confucianism, you can't have philosophy, and if you want to have philosophy, you have to give up Confucianism, that is, if you want to have sheep and want to have wolves, you can't do it, even if you put them together, sooner or later the wolf will eat the sheep.

Since the Han Dynasty, the Han people have ruled the Han people for as much as two-thirds of the whole process, that is to say, in the more than 1,800 years since the Han Dynasty, the Han people have been ruled by foreign people for more than 1,000 years. Why? Don't we have great Confucianism? Why can't the Han people get rid of the bullying and domination of foreign people?

I am afraid that the deep-seated reason is still the problem of ideology and method, this section seems to have nothing to do with the spirit of the law, but in fact, most of the ideas in administrative law come from the cultural background. Therefore, the spirit of the law cannot be free from the influence of the political environment.

(12) The spirit of the law also exists in the spirit of wolf and sheep

Due to various reasons such as climate and living environment, the spirit of the law also has the spirit of wolf and sheep, and some people call it dove spirit and hawkish spirit. Humans in tropical areas tend to have sheep spirits, while people in cold regions tend to have wolf spirits.

The pursuit of the pigeon and the sheep is to live in harmony and coexist quietly, but the sheep and the pigeon are only suitable for quiet and harmonious, and the environment is sufficiently supplied, once the environment is damaged, it will inevitably form the result of dispersion and chaos, and the characteristics of scattered selfishness and lack of unity have been fully reflected at this moment, and the sheep have scattered and fled.

On the contrary, the spirit of the wolf nature is the opposite, in an internally stable environment, the wolf nature is an independent individual. However, once the wolves are threatened or even attacked, the unity and survival of the wolves will be stimulated in an instant, and the spirit of unity to resist foreign enemies will be brought into full play.

Therefore, the law is divided into sheep nature law and wolf nature law, and the sheep nature law seeks peaceful coexistence and common development. The law of wolf nature is natural selection, survival of the fittest, survival of the fittest, survival of the fittest.

(13) The Fa has a spirit and a soul

The soul and spirit are placed on the human body and coexist on the material basis and do not exist independently. If the spirit and spirit leave the human body, man ceases to exist. Therefore, the spirit and soul of the Dharma are also ideologies that exist dependent on human existence. In other words, there is no spiritual existence of the Dharma about human beings without people. It is precisely on the basis of the existence of human beings that the spirit and soul of the law should be people-oriented and establish a humanized legal system.

The so-called humanized spirit of jurisprudence is to consider the existence of reality from an objective point of view. Therefore, the eyes of legislators and law enforcers should not be two-eyed, and both legislators and law enforcers should use the third eye to objectively consider the warmth and coldness of the world, judge justice and evil with an all-round vision, and convey the positive energy of justice to the people.