Chapter 73 General Principles of the Civil Law
I have to say that two old sayings are true, one is the water spilled by the married daughter, and the other is that the daughter is the lover of her father's previous life. Pen %fun %Pavilion www.biquge.info No, since Zhou Xiuying and Chen Dingtian got married this time, Zhou Xiuying has always listened to Chen Dingtian's opinion, and even her father Zhou Lichun can only rank second, and even Zhou Xiuying persuaded her father several times according to Chen Dingtian's opinion. And this just made Zhou Lichun a little dissatisfied, because he was such an only daughter, just such a daughter, and after raising it, it actually belonged to someone else, which made him very depressed. But this is a situation that every father has, and this is not a strange thing.
But now Zhou Lichun, in accordance with Chen Dingtian's suggestion, directly posted the so-called law that Chen Dingtian was responsible for, and this law was actually changed by Chen Dingtian in accordance with the laws of later generations. Chen Dingtian, a literary copyist who is not taboo, not only plagiarized those novels and literary works, but even plagiarized the law. He is even plagiarizing the law, and he is simply going to carry forward the profession of copyist!
"Everyone is optimistic, this is the decree promulgated by the Generalissimo of the Tartar Tomorrow, and this is the general principle of civil law, everyone is optimistic. In the future, if you have any disputes in your daily life, you must deal with them in accordance with the general principles of the civil law. ”
This general principle of civil law, in fact, Chen Dingtian directly copied the content of the general principles of civil law in later generations, removed some regulations that were not suitable for ancient times, and then directly got here. Of course, there are not many of them removed, because Chen Dingtian knows that ancient people may not be able to understand it, and few of them can understand it in ancient times. Even this general rule of civil law still has a lot of information about the future social and economic system, which Chen Dingtian did not expect. He, a copyist who studied literature, only understood those articles about the law, at most he memorized those articles, and he didn't understand the meaning contained in them.
However, this general rule of civil law immediately caused a lot of surprise in this Jiading County, because this law actually did not kill people?
"Why didn't you kill anyone?" "Yes! Isn't there any punishment for murder that stipulates the law? "Well, why didn't you kill anyone, you can't stand it!" "Yes! What the hell is going on with this, it seems that there is no one to kill? ”……
These people were also amazed, because there was no one in this law that stated that they wanted to kill, and this general rule of civil law was in fact a civil law, not the kind of criminal law that ordinary people thought. In ancient China, the law was often not divided between criminal and civil, or even heavy punishment and light civil law, and there were very few laws on civil law, at most some departmental laws, not a unified national law. The ancient law was mainly to suppress the people, to suppress the people and to maintain the rule of all kinds, so it completely relied on the criminal law to rule, and ruled the people through deterrence, so this caused the idea that the punishment was very heavy, but the civil law was rarely paid attention to.
In particular, all kinds of economic disputes, so that many ancient officials have a lot of room for manipulation, and they can completely mess around. But this civil law has made these people uncomfortable. However, many people also couldn't understand the meaning of this, which surprised them very much.
Among them, a literati from Chongming County who had just arrived in Jiading to prepare for errands seemed very surprised.
"How can these bandits make such an excellent law, and this law is not based on punishment. Originally, I thought that these bandits were a group of reckless people, and even if they made a law, it was a very rough law, and they were prone to murder. But it was a surprise that they had just arrived, and instead of promulgating any law on killing, they were the first to promulgate this law that dealt specifically with civil law. Moreover, this civil law seems to contain a lot of the governing concepts of this group of bandits! A Qing Dynasty literati who was about eighteen years old said.
The so-called layman's view annoys the insider's doorway, these literati who have a certain cultural foundation, they see far more things than ordinary people. Other people just saw that this civil law did not kill people or anything, in the eyes of ordinary people, these bandits are killing people at every turn, and they will not make any explicit laws at all, can any of these robbers legislate? However, this group of bandits not only legislated, but not only did they establish the kind of laws that kill people at every turn, but some civil laws. Civil law represents far more than just killing, but contains a lot of things about governing the country, which is why some literati attach importance to it.
"Brother Fengbao, this group of grass cowards is just a bunch of messy things, and they can't make a big climate. My Qing elite will soon come over to suppress them, and they will be dead by then. Don't make a mistake about yourself, when the time comes, it may make you ruined and your family will be implicated! ”
The older man next to him took the initiative to remind the younger man, as if he sensed that this young man had a good impression of this group of Heaven and Earth Society rebels, so he quickly opened his mouth to dissuade him. In their eyes, these grass cobs are just grass cowards, and it is impossible to threaten the Qing court, so he is afraid that the young man he grew up with will take refuge in this grass coward, which will be troublesome. This kind of rebel has no future and is destined to perish, so he doesn't want his hair to go to Caokou, and even if he is killed in the end, it is not worth it.
However, the young man's eyes flashed with a trace of essence, and then he said: "This grass coke is not an ordinary grass co., there are masters in it!" Not only are there a lot of things in it, but I think there are a lot of things that ordinary people can't see! ”
The young man directly read the "General Principles of Civil Law" from beginning to end, and he found that there were some things in it that he could understand, but some things that he could not understand, so he felt very difficult to explain. However, he knew that the person who could formulate this general rule of civil law was definitely not an ordinary straw bag, and he would definitely not be untargeted, and he must have his purpose. But the specific purpose, even this young man doesn't quite understand.
"Chen Dingtian, it's actually Chen Dingtian? Chen Dingtian, who wrote "The Appearance of Officialdom" more than a year ago, made the entire Jiangsu and Zhejiang people panic, and even killed a lot of people for this! However, I didn't expect him to have such talent, it's really incredible. The young man thought.
Just after the general principles of the civil law plagiarized by Chen Dingtian were announced, Chen Dingtian also enjoyed the company of several beauties at home, and this kind of day is really not too easy. The two beauties around him, Guan Qin and Fu Shanxiang, are still relatively rich now, they don't worry about food or clothing, they write something every day with their hobbies, and then they are responsible for rolling the sheets, and they don't have to be responsible for anything else, this kind of day is really comfortable.
"Husband, there seems to be some problems with you getting that general rule of civil law!" Fu Shanxiang said.
Chen Dingtian asked, "What's the problem?" ”
Fu Shanxiang explained: "Husband, it seems that your general principles of civil law do not stipulate who the land belongs to, and it seems that the general principles of the civil law have always used the right to describe land, what is this right of contracting?" Since the right to contract is not ownership, that ownership belongs to all the people. And since you belong to all the people, you have the right to set up a contract, isn't this a contradiction? And what are the people, and to whom does the ownership of this land belong! All the people, I don't quite understand how to deal with this! ”
Chen Dingtian scratched his head, he seemed to understand the loopholes in the general principles of the civil law. It seems that this general rule of civil law must be read in conjunction with the Constitution, which is the fundamental law that defines the nature of the state. The Constitution is the legislative basis of all other laws, and it can even be said that the criminal law and the civil law can be regarded as a kind of "interpretation supplement" to the Constitution in a sense, and the criminal law and the civil law may actually be just an "interpretation supplement" of the Constitution.
Even this general principle of civil law is actually based on the so-called society of later generations. The constitution of the primary stage and this general civil law is based on the society of later generations. The constitution was formulated in the initial stage of doctrine, so there are many things that are not in line with the current era. Of course, there were also some ancient people who did not understand the so-called separation of ownership and use rights.
In ancient times, the relevant civil laws were not perfect, and ownership and use rights were mixed together, and there was no complete separation. The separation of ownership and use rights is actually an advanced thing, which the ancient people did not understand very well. Even in the West in this era, the ownership and management rights of enterprises have not been completely separated, and professional managers have not been produced. As for land, many people don't have the idea of separating ownership from management. However, Chen Dingtian must explain.
"What's the contradiction in this, ownership belongs to the whole people, and then belongs to the government and the collective for management. The government and collectives are again 'renting' the land to individuals, giving them the right to contract for 20 years or more. This contract right is also a kind of use right, as long as the pre-agreed conditions are met during this contract period, then all the land is played by yourself, and then you can produce the rest of your own. And the ownership of land belongs to all the people, not to one person! Chen Dingtian said.
However, Fu Shanxiang asked in surprise: "It doesn't belong to individuals, doesn't land belong to private ownership?" ”
"Who said that I want to have private ownership of land, I have to reclaim the land and redistribute it. Moreover, after the redistribution of land, these lands will no longer belong to individuals, but to the state, and the people only have the right to contract, not the corresponding ownership. The State and the collective may revoke the right of use if it is really necessary. Chen Dingtian said.
Fu Shanxiang even exclaimed: "If you do this, you will offend all the scholars in the world!" Nowadays, which family does not own land, and you divide the land like this, can the people agree? Aren't you restoring the well field system of the Zhou Dynasty? ”
"No, no, no, I'm not restoring the well field system of the Western Zhou Dynasty. The well field system and this public ownership of land are not the same thing! Chen Dingtian said.
Chen Dingtian knows that many people subconsciously regard this public ownership of land as the well field system of the Zhou Dynasty, and subconsciously think that the so-called "communism" has been realized in the Western Zhou Dynasty, which is actually complete nonsense. Because the Western Zhou Dynasty was a slave society, those who were eligible for land were actually aristocratic slave owners, not ordinary people. In the Western Zhou Dynasty, the word "common people" refers to the aristocracy, not all the people, at that time the vast majority of the population did not have a "surname", which is similar at home and abroad, at the beginning only the nobles had a surname, so "the people" in that era refers to the nobility.
In fact, this Ida system is only for those nobles, not for everyone. Those big slave owners, Zhou Tianzi, distributed the land to the princes and ministers and other small and medium-sized slave owners, and finally forced the slaves to work and plant. This is not really "communist. In fact, it is far from the public ownership of land, because the public ownership of land means that all the people are eligible to obtain the right to contract land, not just a very small number of nobles.
Only a very small number of nobles benefited from the Jingtian system, but Chen Dingtian's public ownership of land is a system that covers all the people, not only bureaucrats and aristocrats, but also ordinary people, so the difference is great. Moreover, this public ownership of land is a preparation for future social reforms, and if the land issue is not resolved, then this society cannot be reformed. It is not enough to destroy the Manchu Qing Dynasty, but we must also strive to complete the social reform, otherwise even if the new court established by the Manchu Qing Dynasty is destroyed, it will only follow the old road of the Manchu Qing Dynasty, and there will not be too many changes.
"As for your fear of offending those scholars, I don't believe that. Anyway, if the land problem is not solved, it will be of little use even if it does not offend the scholars. I don't believe it, without Butcher Zhang, we would have to eat hairy pigs. There will always be people who will be willing to support my ideas, because there will always be some people of insight who will see that if the land problem is not solved, there will be no hope for the country in the future. When the time comes, a wave will form, and those who read will easily turn to us. Relying on land in the future will not be able to compete with foreigners, only by carrying out social reform, then this can be truly strong, otherwise even if the Manchu court is overthrown, it will only continue to follow the old road of the Manchu Dynasty. Chen Dingtian said.