Zheng Yongnian: The government without the rule of law is anarchy

Zheng Yongnian column

A series of status quo that appears in Chinese society today is not only worrying, but also promoting people to think about Andrdquo; this one and three issues raised.Jiangxi forcibly promoted the new funeral policy to trigger the public to grab the coffin and smash coffins, and earlier in the capital Beijing, the cities in Beijing had a phenomenon that drove the foreign population. Such problems have been constantly exploding, and no sign showed that such a phenomenon will gradually gradually gradually gradually gradually.Disappearing.

Although all these problems will occur in other countries, it will not cause such a strong social response.In other society, except for some social struggles such as human rights, such as human rights issues that affect the entire society, problems in a field are often limited to this field.But in China, once problems occur in a field, it is easy to evolve into the problem of the entire system, causing the overall uncertainty of the society.The overall uncertainty caused by a social problem, which in turn prompts the relevant authorities to unable to handle and solve the problem rationally. As a result, the problem is often covering the problem.In the long run, this is a vicious cycle.

The roots of all problems point to a direction, that is, the rule of law.The rule of law is a broad concept. Here includes the existence of a sound legal system, the legitimate implementation of the law, the trust of all citizens' trust in the law, and the equality of everyone in the face of the law.Because of these, the law has become the foundation of modern social order.Simply put, the rule of law is the foundation of any social certainty.No matter what kind of problems occur, as long as the members of society believe that this problem will be dealt with fairly, it will not affect other fields. This society is stable.

From this perspective, problems such as vaccines are the direct manifestations of regulatory failure.The failure of supervision can be manifested as the regulatory system does not exist or is not sound, or it can also be manifested as the supervision has not been implemented or it has changed during execution.

The management of the migrant population in the city has been accumulated in the past, and there is no effective system (such as the hukou system) to digest and solve this problem. Now it is time to deal withMethod.Even the implementation of the funeral reform policy is the rule of law.The reform in this regard is reasonable and urgent, but from the formulation of reform policies to implementation, no links are in line with the spirit of the rule of law that should be possessed by public policies.

The rule of law in Chinese daily life

In fact, the rule of law is not only manifested in these explicit cases, but also in people's daily life.Here you can explain the life of urban communities as an example.In the past few years, the media disclosed an incident that a top floor resident has revised the top floor to a luxury home.Originally, the top floor was a public space, but the residents regarded this space as private, occupying and expanding without scruples.The more common phenomenon is that the first -floor residents seize the public space around the surrounding areas.

The author observed that a resident of a first -floor resident repaired his own building next to his apartment. As a result, it was protested by many families in the community.This resident has re -coveted his own building. Other residents have no way to be angry.

This case is very common in daily life, but it can effectively explain China's rule of law.There are many questions that need to be raised here, and at least the following issues can be included.First, do these people know the difference between public and private space?If not, then it is the failure of the rule of law.Second, is there a effective regulatory system?Is this a legal permission?Third, why does the government's supervision fail?People can reasonably assume that the behavior of doing so is not the law, but why do the government not enforce the enforcement?Fourth, why does social supervision fail?Because these behaviors are illegal, people who are affected by this behavior will be dissatisfied and angry, but why have no way these people?

In fact, whether it is a vaccine incident or a public space incident in the community, or the city's driving farmers' incidents, all involve three elements, namely power, money and people, or government, enterprises and society.Simply put, it is difficult for China to supervise and deal with the relationship between the three under the absence of the rule of law.

Take the community as an example to analyze.In China, especially at the grassroots level, there are nothing more than three people who can invade the public space in such a public space, that is, those with power, rich and social rogues.First of all, supervision has no way to have the authorities.In China, supervision is a kind of power supervision of another power, but power is divided into grades, and there is no way to regulate the level of power in low levels. Even if the regulator is relatively high in the power system, butBecause the supervisor is inside the power system, it can also find the same power or even higher power to counter supervision.

In a grass -roots unit like a community, if a power is here, then he or she can almost do whatever he wants, because the underlying and "Sesame Officer Andrdquo;Governments at all fields and levels. No matter where, as long as the supervision is one kind of power to another, two kinds of power homologous, not universal rule of law, then supervision is difficult to be effective.

Secondly, it is more difficult to regulate rich people.Rights and money can be traded or even one.Money can be used in various ways to buy through the power (including regulatory power).There are almost no one who will deny this.Although some people hate rights and money transactions, once they encounter this situation, they do not make mistakes.Money can even hire Andrdquo; or local strong people to deal with supervision and "deterrent power Andrdquo;.In fact, a little analysis, it is not difficult for people to find that the scandals in various types of medicines, milk powder, coal mines and other companies are all products of power and money.

In the case of power and money, supervision is just text, and it is difficult to become a reality.Obviously, all such companies are protected by power.This is not difficult to understand. The place where the enterprise is located from the individual to the government is benefiting from the enterprise through different forms, especially when these companies become the main pillar of the local economy, the government can easily take the initiative to become an enterprise illegal illegalThe umbrella of the behavior.

As far as social individuals are concerned, the "Rogue Andrdquo; also that the sky is not afraid and is not afraid of the ground can also deal with supervision. There is no cost and patience for rogue. Because there is no rule of law, the government's supervision is time -costing. Especially for the right of the government.For residents who illegally occupy the public space, the government cannot stare every day, otherwise the government's cost will become very high. That is, rogues can always find opportunities to escape supervision. And, in terms of rogue, it is rogue.Their actions are not without any truth. The problem they throw is: Since those who have money and potential can be so, why can't I?

In any society, the government is the subject of supervision, and supervision is also the main responsibility of the government.So why does the regulatory of the Chinese government fail?There are several levels of problems here to discuss.

The first is that the government itself is not illegal.The rule of law government includes at least two meanings.First, the government itself must obey the law.This is the question that people have been arguing with "power or law? Andrdquo; andrdquo; although the law is formulated by the government, the government must also obey the laws they have formulated. If the legislators cannot obey the laws they have formulated, then they will then they will be formulated.The phenomenon of Andrdquo; "power is greater than the law andrdquo;, the rule of law is impossible.Second, supervision power is not restricted by the rated bureaucracy.Supervision must be a right rather than power.If the supervisor's ability depends on the level of its power, the supervision will inevitably fail, because as mentioned above, in this case, supervision has evolved into a game of power.Obviously, in these two aspects, Chinese regulators are almost unable to surpass difficulties.

Second, the government scope.China is a broad government, and the government has greater responsibilities than other types of government, or even infinite responsibilities.In terms of supervision, it has led to the phenomenon of the government.But a government that is in charge must not be good at everything.Not to mention the power and money issues mentioned earlier, just as far as the cost and time of supervision, supervision will inevitably fail.Because in many cases, supervision is Andrdquo;

Considering that the supervisor is random, and the government's supervision is not random. In many cases, it is Andrdquo;righteous.First, the government itself must obey the law.This is the question that people have been arguing with "power or law? Andrdquo; andrdquo; although the law is formulated by the government, the government must also obey the laws they have formulated. If the legislators cannot obey the laws they have formulated, then they will then they will be formulated.The phenomenon of Andrdquo; "power is greater than the law andrdquo;, the rule of law is impossible.Second, supervision power is not restricted by the rated bureaucracy.Supervision must be a right rather than power.If the supervisor's ability depends on the level of its power, the supervision will inevitably fail, because as mentioned above, in this case, supervision has evolved into a game of power.Obviously, in these two aspects, Chinese regulators are almost unable to surpass difficulties.

Second, the government scope.China is a broad government, and the government has greater responsibilities than other types of government, or even infinite responsibilities.In terms of supervision, it has led to the phenomenon of the government.But a government that is in charge must not be good at everything.Not to mention the power and money issues mentioned earlier, just as far as the cost and time of supervision, supervision will inevitably fail.Because in many cases, supervision is Andrdquo;

Considering that the supervisor is random, and the government's supervision is not random. In many cases, it is the situation of "ten (government) to one (regulator) andrdquo;What?

Again, the general government has hindered the role of social forces, especially professional forces in the supervision process.Supervision is a long process, and government supervision is only the last ring in this process.It can be said that successful supervision comes from social supervision and professional supervision. If social and professional supervision fails, then the government must bear all supervision responsibilities, then supervision must also fail.

Why do you have problems in China?

Social regulatory functions first come from mutual balance between social forces.In terms of social forces, at least the following categories are included.

1. Media.The media is considered an independent power.Even in China, although the media is not extremely powerful, once the media is exposed, enterprises or individuals will be directly, huge and huge "punish Andrdquo; and this Andrdquo; is the most effective supervision.

Second, checks and balance between enterprises.This checks and balances are more important. It comes from Andrdquo; logic with evil. There is competition between enterprises. Companies that compete with each other will be and "concerned about Andrdquo; and stare at competitors' actions.Because they are all peers, the concerns between enterprises are extremely professional concerns.This is the logic of "invisible hand Andrdquo; and the logic of" invisible hand Andrdquo; that the competition between selfish companies will lead to and promote public interests.

3. Supervision of professional groups.Taking American lawyer groups as an example.The lawyers' group is huge, and the "illegal behavior Andrdquo; business to find the illegal behavior Andrdquo; to find the supervision of supervision. Of course, this supervision has the advantages and disadvantages.The main reason for expensive is the existence of the lawyer group of the pharmaceutical industry, which makes the insurance cost in this field very high.

4. Other non -governmental organizations.Today, society is becoming more and more complicated, and various non -governmental organizations that meet the needs of complex society have emerged.Although non -governmental organizations are very complicated, they intentionally or unintentionally perform various Andrdquo; responsibilities.

After all of this, the government's last supervision.Judging from this process, it is easy to understand why regulatory regulations often fail in China.It is very simple. In China, these social forces have not grown up, and their strength is very weak or even missing. Therefore, the government has become the only regulator, both the first and the last supervisor.Once the government becomes the only regulator, supervision will inevitably fail.

Although a group of officials will be dealt with after each supervision failure, because the core of the problem is not an individual official, but the system. If the system does not improve, the same mistakes will be repeated.

This requires people to reintegrate the problem of complex society.Traditionally, Chinese society is poor and single, and the government is easier to manage.But now it ’s different. Relying on the government’ s single forces to manage, the results must be a big problem.The problem is that the government itself has not transformed, and it is still governing modern society like governing traditional society.The government is still an AND "goalkeeper Andrdquo;, which will not allow social forces to grow up, nor does it allow social forces to enter the regulatory system; all the regulatory systems are only on the paper, and they are from top to bottom. There is no way to sink.Executive.

One step further, if the real rule of law is to be implemented, you must first let social forces grow.The rule of law is not as simple as the government wrote a law.The mutual balance between social forces, the mutual balance between social forces and the government, is both the essence of the rule of law and the big society background for the rule of law to take effect.This involves the dialectical relationship between the country and society that this column has discussed many times.

A country that cares about everything but is not good, and social growth is not a strong country, but a weak country and a weak society.Only when society grows up and has the ability to do self -management, and the country can escape from many aspects and focus on the fields of management that should be managed, then this country is a strong country and a strong society.If you discuss this, there is still a long way to go in China in China.

The author is the director of the East Asia Research Institute of the National University of Singapore

The article only represents personal point of view