Small talk with everyone on the eve of the book release

1. The similar phenomenon of scallion pancakes is too numerous to mention

The hunchbacked old man's scallion pancakes are on fire, but everyone can't eat them, why? Because he is operating without a license, or rather, he has broken the law. Pen, fun, pavilion www. biquge。 info

A delicious snack that allows consumers to queue up for 4 hours in the scorching heat and cold, and a delicious snack that has been selling well in Shanghai for 34 years, because it does not meet the conditions for applying for a license and operates without a license, it is really a regrettable and even sad thing that has been banned by the relevant departments in accordance with the law!

This incident has caused an uproar on the Internet, and there are roughly three representative views: one is that "licensed Sanlu milk powder and unlicensed scallion pancake stalls", the core of which is that "having a certificate or not being licensed is not a standard for food safety; one is that "you are also worthy of selling scallion pancakes in Shanghai, an international financial center", and the core is that the relevant departments do not issue permits to deliberately obliterate the humble entrepreneurial rights of ordinary people; and the other is that "the banned scallion pancakes could have been happy The core of it is that the relevant departments should issue a license to such a well-known traditional snack.

In my opinion, these discussions are not to the point, because: the implementation of a safety threshold system for food and drugs is not only a common practice in the world, but also an urgent need of many consumers; the failure of the relevant departments to issue a license to the hunchbacked old man is also a basis for law enforcement, after all, the old man's business premises really do not meet the prescribed requirements; and if the traditional famous snack network is directly issued with a license, it can be concluded that the issuance of licenses in the future will inevitably be full of excuses and corruption. Therefore, none of these practices are advisable. Taking a step back, even if the hunchbacked old man is given a license, his problem is solved, but there is still no hope of solving other similar problems.

Although a long time has passed, the dilemma they encountered similar to the scallion pancake has not been solved, and such examples are increasing every day in the land of China.

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Example 1

More than a dozen impoverished uremia patients, because they could not pay the expensive dialysis fees in public hospitals, signed a life and death contract to set up a dialysis room with poor conditions, and they relied on the second-hand dialysis machines they bought, and they survived tenaciously for 3 years, and were able to save 3/4 of the medical expenses every year. However, their actions violated the relevant regulations, and the Beijing Tongzhou District Health Bureau banned the dialysis unit in accordance with the law. Although some of the costs of post-treatment were covered by the government, some of the patients who were ready to join and those who fell ill after the closure of the dialysis unit lost the opportunity for low-cost self-treatment.

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Example 2

A citizen fell into the water in Ruyi Lake, Zhengdong New District, Zhengzhou City, and Niu Zhenxi, the captain of the eastern district of the Zhengzhou Water Volunteer Search and Rescue Team, led people to the scene to rescue, but was stopped by the on-site patrol members, who asked Niu Zhenxi to show a "salvage permit", otherwise he could not go into the water, and in the end, the citizen who fell into the water drowned. The reason why the search and rescue team members did not take the "lifeguard qualification certificate" was because it cost about 700 yuan to apply for this certificate, and the patrol team insisted that they were not allowed to go into the water because they were responsible for their life safety, and without a license, they could not judge their identity verification and salvage ability.

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Example 3

Beijing has launched a campaign to rectify substandard schools for migrant children, and a total of 24 schools for migrant children have been demolished or shut down, involving more than 14,000 students. The reason given by the education administrative department was that there were serious potential safety hazards in the school's housing, fire protection, electricity, sanitation, etc., and that the school had not obtained the qualification to run the school in accordance with the relevant procedures, and ordered to stop all teaching activities. According to statistics, less than 1/10 of the students transferred to public schools were the original, and the rest of the students were missing.

Second, why the department does not act in accordance with the law, and the people do not approve of it

The above examples are the same as scallion pancakes, there is a significant feature, that is, the law enforcers have a clear basis for law enforcement, although the people are very puzzled and even angry, but the relevant departments insist that they are acting in accordance with the law and have done nothing wrong, so these cases are different from ordinary liability accidents, so far no department has apologized to the masses for this, and no leader has lost his official position, and even, these departments not only did not apologize, but were justified in their own actions.

The reason why the government insists that it is acting in accordance with the law is that there are indeed administrative controls in our country in the medical, life-saving, educational, and food industries, that is, to carry out a certain business or engage in a certain occupation, it must meet the corresponding prescribed conditions and obtain the corresponding business or practice qualifications. For example, according to the "Beijing Hemodialysis Quality Management Standards", in principle, the unit carrying out hemodialysis should be carried out in a hospital above the second level (including the second level), the hemodialysis practitioners, nurses and technicians should have received no less than 3 months of professional training in hemodialysis, and the hemodialysis room (center) should be headed by a person with rich clinical work experience with the title of deputy high school or above. It is on the basis of this norm that the Tongzhou District Health Bureau banned the self-service dialysis room in accordance with the law. In fact, there are laws to follow by not allowing search and rescue team members to go into the water to save people, closing down schools for migrant children, and not issuing licenses to hunchbacked old men. Of course, the law referred to here does not only refer to the law, but also includes administrative regulations and administrative rules.

This is because some of these industries require specialized equipment, some require specialized skills, some are related to the safety of people's lives and property, and some are purely for the interests of the employed. For example, doctors need to have strict qualifications, otherwise doctors who are indiscriminate may not save lives but care for people's lives, and cars need strict safety standards, otherwise cars that do not meet the standards may not be a means of transport but a road killer.

This is because in the first four cases, in fact, there was no coercion on the part of others, and the parties involved in self-dialysis, attending a part-time school, going into the water to save people, and buying scallion pancakes were made voluntarily on the premise of equality and according to their own conditions, and this choice did not hinder a third party. Instinctively, the people believe that the government should be tolerant rather than coercive in this choice.

In the final analysis, the root cause of the sharp contradiction between the firm law enforcement of government departments and the intuitive judgment of the common people is whether the government's power of administrative control can oppose the people's right of equality and voluntariness? In other words, when people's equal and voluntary choice violates the provisions of administrative control (such a choice does not interfere with a third party, the same below), who has the final say in the government rules and regulations, or does the people themselves have the final say?

To use the above example, I know that self-help dialysis is dangerous, but I want to live because I have no money, so I voluntarily take the risk? I know that I may choke and drown when I go into the water to save people, but I voluntarily take the leap because I am confident in my water skills? I know that the conditions of the school for migrant children are not up to standard, but I am willing to study because I can't afford to let my children go to a better school? I know that the scallion pancake business premises are too dirty and dark and do not meet the sanitary conditions, can I voluntarily buy them to relieve my salivation? These problems are not isolated cases, and if they are not clarified, similar problems will emerge in the future.

3. Administrative control shall not interfere with equality and freedom

If, on the one hand, the law exercises administrative control over certain trades, and on the other hand, does not interfere with equal and voluntary behavior, then the above-mentioned problems will be easily solved, and we will be able to make consumers eat crispy and delicious scallion pancakes and at the same time make the hunchbacked old man not break the law. Why should such a legislative principle be established, because:

First, equal and voluntary exchange can promote the growth of wealth on both sides of the exchange, and the more such exchange, the greater the hope that the people will get rich. The reason why people choose to attend a part-time school with no playground, no computer, and no senior teachers is because they do not have the conditions to attend a better school, and which parent is unwilling to let their children enjoy a better education? On the surface, the part-time school does not meet the basic conditions for running a school stipulated by the state, but the parents are convinced to pay the money, otherwise they can only let their children drop out of school, which will delay the children's lives. The end result of this equal and voluntary exchange is that the shareholders who built the school make money, and the children rejoice in the knowledge they have learned. The exchange can be material or spiritual, the volunteer search and rescue team members do not need to be paid to save people, although the drowning person or his family did not pay money, but the anxiety of the family members has been alleviated, and the rescuer has won the praise of the surrounding masses and public opinion. Self-dialysis patients help each other and prolong their lives with minimal effort, and this exchange is almost worth life. The hunchbacked old man's scallion pancakes proved that this exchange was welcomed by ordinary consumers with a long queue, and it is not an exaggeration to describe it as a long-awaited crane.

The market economy pays attention to equality of opportunity, some people are born into wealthy families, some people are born poor, some people are born strong, and some people are born weak and sickly, but as long as everyone is guaranteed to have sufficient exchanges with others, to ensure that they can make up for their own shortcomings with their own strengths, and exchange their own for their own nothing, then everyone has the possibility of changing their fate. If some kind of system forcibly deprives the people of this right of exchange, then they will have a long way to live. Many people are unwilling to seek other ways when they are not satisfied with the problem and expect the government to strengthen control, but they do not know that government officials are also human beings, and they also have their own interests, and they hope that the call for mass control is getting stronger and stronger, so that they can exercise their control power in accordance with the will of the people.

Second, if industry regulation is not subject to equality and voluntariness, it will hinder competition and eventually become a profit-making tool for law enforcement. The reason why people's self-dialysis costs are only 1/4 of that of public hospitals is because public hospitals take advantage of industry regulations and dominate the market, no matter how high their medical costs are and how poor the quality of their services is, people do not have many choices. More importantly, with control, anyone who starts a business must go through the prior approval and in-process inspection of the administrative department, which is the source of the interests of the administrative control department, so these control regulations have a tendency to become more and more stringent, only in this way, the interests of the department can continue to flow more and more, and the enterprise can only bow down in front of the department. Take the fire regulations as an example, if the fire department comes to enforce the law and inspect, many hotels and restaurants can not meet the standard, because the fire regulations are special regulations, and its only purpose is to prevent fire and extinguish the fire as soon as possible. According to the regulations, the fire department can ask you to add a fire door in the middle of the hallway, and you can ask you to install a fire faucet in the middle of the hall. It is precisely because of the prevalence of harsh industry regulations that the big bosses of large business places such as KTVs, hotels, and cafes can only tremble in the face of a small section chief of the fire department and let them consume for free. In fact, laws and regulations have long been reduced to profit-making tools for law enforcement.

Conversely, if industry regulation were subordinated to equal voluntariness, the power of these sectors would be greatly curtailed. For example, if I run a school, although the conditions are poor, the education department can also post a notice at the gate of the school, informing everyone that the conditions here do not meet the regulations of the Ministry of Education, but as long as the education administrative department does not block the door and block the road and forcibly intervene, as long as the people voluntarily send their children here to study, I may gradually improve the conditions and eventually build an excellent school. How many small bosses have become big bosses through hard work? And how many large enterprises have developed from small enterprises without going through hardships and hardships?

Fourth, it is not easy to adhere to consistent equality and voluntariness

At this point, many readers may support the view expressed in this article that industry regulation should give way to equality and voluntariness. The difficulty lies in the fact that when regulation is intended to help the poor or the weak, or when regulation is beneficial to oneself, many people's ideological balance will unconsciously tilt, and they may support government regulation and oppose equality and voluntariness.

For example, if you join a company and the company needs to spend 10,000 yuan to send you out for further study, but you are afraid that you will go away after you finish your studies, so you sign a contract with you, and you promise to return to your original unit to work after completing your studies, otherwise you will be compensated 100,000 yuan. After completing your studies, a competitor invites you to join, and the salary is more than double that of the original unit, you will naturally be excited, which is human nature. The question is, how did you leave the company that cultivated you? Only 10,000 yuan of tuition fees were compensated, which was actually incurred for study expenses, which was in line with the provisions of the new "Labor Law"; 100,000 yuan of liquidated damages was promised by you in black and white, but the new "Labor Law" did not support the enterprise because of this. Do you abide by the traditional morality of the Chinese and keep your promises, or do you use absurd administrative control to betray your promises? The reason why many people are not consistent in their adherence to equality and voluntariness is because they need to choose opportunities according to their own interests.

There are many more: Is it okay for the company to discuss with the employee whether it is okay not to participate in social security? Is it okay for the employee not to have a minimum wage in order to get a job early? Is it okay to voluntarily take the ancestral secret recipe of a person who is not qualified to practice medicine (note, it is not okay to voluntarily drive a car that does not meet the standards, because it hinders a third person)? Is it okay for a child under the age of 16 to take the initiative to work with the consent of his parents? Is it okay to volunteer to gamble? Is it okay to be willing to be homosexual? Is it okay to voluntarily sell blood for a fee? The above behaviors are not in line with the current laws and regulations of our country, but people's exchange behavior has not been suspended because of the prohibition of laws and regulations, but their exchange is more hidden, of course, their rights and interests cannot be protected by the law, and even have to bear the bullying and insult of the underworld!

In fact, except for the controversy over drug use, other equal and voluntary behaviors do not need to be compelled by the government. If you don't participate in social security, that's because retirement is too long and uncertain, and it's more practical to get a little more salary; don't want the minimum wage, it must be that you are in a particularly embarrassing situation at that time, and you need a job and a place to live over the difficulties; you voluntarily take other people's ancestral secret recipes, that's because your illness has been cured by visiting famous doctors for a long time, and you have even become terminally ill, and you have the right to use a dead horse as a live horse doctor; your children come out to work when they are minors, because your family is poor, and you not only learn skills, but also help your younger siblings; gambling, homosexuality, Selling blood, borrowing usury and ****, are the same as the previous examples, only the parties can judge whether they are worth doing, not desperate, who is willing to hurt their bodies, who is willing to ruin the reputation of their lives, and how can others gain insight into their hardships (Note: I am in favor of equality and voluntariness, which does not mean encouraging people to do gambling, selling blood, **** and the like)? As for drug use, which tends to cause people to lose self-control, is still controversial in liberal economic theory, and there is an opportunity to discuss this topic in a separate article.

Someone once asked me an extreme question: If you are so supportive of equality and voluntariness, why should we not come to the rescue when others commit suicide? My answer is: Wrong, we should be rescued. Again: Doesn't that interfere with people's right to choose equally and voluntarily? The reason why we rescue the suicidal is because suicide is generally an impulsive act, and the rescue is to prevent him from regretting it because of impulsiveness, after all, cherishing life is human instinct, and many suicidal people often give up the idea of suicide after being rescued. If a man is really determined to die, who can save him?

Most people hesitate to answer the previous question because it seems to be incompatible with our traditional education. In fact, many people are not staunch supporters of equality and voluntariness, and they often sometimes advocate equality and voluntariness against government regulation, and sometimes they abandon equality and voluntariness and strongly call for government regulation. The reason why China's governments at all levels have the power to take over everything in every detail is inseparable from the lack of awareness of equal and voluntary rights of the people, and the frequent calls for the government to strengthen control.

We often say people-oriented, but many people don't understand: people-oriented, what is people-oriented? What this article wants to tell you is that people-oriented, that is, the government should respect and protect the people's equal and voluntary right to choose as the foundation!

People-oriented, let's start with consumers having the freedom to buy scallion pancakes and hunchbacked old men to bake scallion pancakes!(To be continued.) )