Therefore, the essence of the rule of law in capitalist countries is the rule of man is the rule of capitalists and the rule of capitalist politicians in capitalist countries, and the law in capitalist countries is a virgin boy and a girl on Loli Island who are at the mercy of capitalist politicians; the law of socialist countries is the law of the people, that is, it is formulated by the people who are the masters of their own affairs, and is used to crack down on criminals, punish bad people, supervise power, and safeguard the party. The interests of the country and the people!
(a)
In the area of governing the country, the most popular and loudest in the world is "governing the country according to law," and the so-called best example of governing the country according to the law has been introduced, that is, the United States. The United States has sound laws, separation of powers, mutual supervision and restraint, and fair, just and transparent law enforcement, which can be called a model for the rule of law in the world.
However, is that actually the case?
Regardless of the rest, let's take the recent incident that happened to former US President Trump and the exposure of the list of Loli Island.
When former US President Trump was indicted and summoned by the court, many well-known and unfamiliar Chinese people shouted: "Look at how fair the laws of the United States are! Even the former president can be summoned and punished!"
It can be seen that the public knowledge and the yearning of some Chinese people for the United States are beyond words. It is well known that there is an ulterior motive in clamoring for the fairness of the US law, but ordinary Chinese people follow suit, which seems to be not deeply involved in the world and is very immature.
It is precisely because former US President Trump was indicted and summoned by the court that the unfairness of American law is truly revealed, and its law is the private weapon of those in power to fight against dissidents, eliminate political opponents, and exclude competitors, even former presidents are not immune!
In order to remove the threat of former President Trump's election for the next president to the incumbent President Biden's re-election campaign, Biden's Democratic Party and his gang did not hesitate to use the power in their hands, use public weapons for private purposes, arbitrarily exert the law and manipulate it, and took turns to detain Trump in order to cure Trump's death, so that he would give up running for president or lose his qualifications and ability to run for president.
During this period, Biden once said that as long as Trump gave up running for president, Trump would be safe and sound. This is the naked threat issued by Biden and his Democratic Party against Trump through so-called legal means! This also proves from the side that US laws are playthings in the hands of capitalist politicians and a golden rod that can be stretched and contracted, and they can hit whoever they want, and they will not hit anyone if they don't.
In contrast to Trump's subpoena by the court, Biden's son was also summoned by the court, but people roared in the courtroom and walked away, and the judges could only look at each other and sigh at the figure of little Biden walking away!
If Trump also roars in the courtroom and walks away, it will be in the hands of Biden and his Democratic gang, and he will be immediately put in jail.
Another example, some time ago, the United States suddenly broke out on the list of many celebrity politicians who were on the American rogue tycoon Epstein Lori Island for fun. In accordance with the normal laws and regulations of a sound country, these prominent politicians are either imprisoned, deprived of their liberty, or deprived of their political rights. But so far, the U.S. law has not shown its fairness, justice, transparency, and sacrosanct majesty to judge those celebrity politicians. Because the exposed list mainly involves Biden and his Democratic Party bigwigs, but Biden's Democratic Party is in power in the United States now, so the laws of the United States are like underage boys and girls on Epstein Lori Island in front of the current regime, being abused and called at will!
Looking at it this way, does the law of the United States seem like fairness, justice, transparency, sanctity and inviolability clamored by the public?
Apparently not!
The laws of capitalist countries such as the United States are the laws of gold power driven by money and power, that is, they are formulated by capitalists who are tied to money and capital politicians who hold power, and serve them.
(b)
It is not to mention that the laws of the United States and other capitalist countries are like this, and even the laws in socialist countries have the same problem, but the laws of socialist countries are formulated by the broadest masses of the people, and the targets of enforcement are a very small number of criminals and bad people and villains, as well as supervising and restraining power and safeguarding the fundamental interests of the state and the broadest masses of the people. This is the essential difference between the laws of a socialist country and the law of a capitalist country. It stands to reason that in a socialist country, the law should be fair, just and transparent, with sacrosanct majesty, but there are still opportunities and possibilities to be driven by power.
One reason is that laws are originally made by people, and it is people who enforce and are enforced, so the whole process of legal acts is full of human factors, and the existence of human factors will not be completely fair, just, open and transparent.
It can be seen that the true rule of law must be built on the basis of the people's very high overall ideological and moral quality, the relaxed and unimpeded environment and conditions for social supervision, and the broad masses of the people should supervise and prevent and govern the country by the masses, so that the real rule of law can be realized; otherwise, ruling the country according to law is just a joke.
In a socialist country, public opinion is greater than the law, and public opinion is the greatest!
In human society, especially in socialist society, public opinion is the greatest thing, and public opinion is the will of heaven! Of course, public opinion here refers to the spontaneous and broad will of the people, not any local public opinion that is manipulated, for example, the media controlled by capital or the voice of a small number of people are not public opinion.
Marxists and their true communists say that history is written by the people, and only the people have the right to judge and evaluate things and history! Any thing or history that goes against the will of the people, even if it is written in the canons, books, and national genealogy, is a false history and a pseudo-history, and cannot stand the judgment of the people and the test of history!
Any court, era, society, and country that goes against the will of the people is short-lived. The times are changing, society is developing, and science and technology are progressing, but what remains unchanged is that the people are always the main body and masters of society.
The proletarian revolutionaries of the older generation and the Chinese Communists have the clearest and clearest understanding of this point. Therefore, the Communist Party of China is the vanguard of the people and a political party that serves the people wholeheartedly; only by taking the socialist road of the people being the masters of the country; and by supervising the government by the people, can we break out of the law of cycles and avoid the death of the people and the rest of the government.
I often hear people say that the law is greater than the sky, and the will of the people must not be allowed to coerce the law! This argument is extremely wrong and dangerous! This is the preaching of the feudal emperor in the era when the people ruled the people! This is a challenge and threat to the socialist social system in which the people under the leadership of the party are the masters of the country! May I ask, is there still a will in a socialist country that is higher than the will of the party and the people? Is it true that the laws of a socialist country are not formulated and adopted by the people? Isn't the judgment of the law aimed at respecting the will of the people, reflecting the will of the people, and embodying the will of the people? What is the result of upholding public opinion and social fairness and justice?
Any law that overrides the will of the Party and the people is an invalid law!
Another reason is that the minds of many people in power are full of capitalist ideas, and privilege, specialization, monetization, and rights are the driving force and goal of their administration, and the law is nothing in their eyes, or like the law in the eyes of American capitalist politicians, it is a stick and a weapon to crack down on dissidents and seek personal gains.
During this period, the secretary of a county party committee in Hebei Province used his power to drive the law to crack down on whistleblowers, which was caused by this factor.
There are also different judgments in the same case, different judgments in cases of the same nature, etc., which are all the results of the mixture of money and power.
Another example is not allowing the police to intervene in economic disputes. First of all, it is necessary to clarify what kind of dispute is an economic dispute, and it cannot be characterized as an economic dispute as soon as money is involved. Is it considered an economic dispute to defraud money in the stock market or in society, to borrow money but not to pay it back, to steal money, and so on? Without a clear definition of the scope and concept of economic disputes, not allowing the police to intervene in economic disputes has objectively led to the result of protecting lawbreakers and criminals in the economic field, and in particular, opening up the legal net to private enterprises and capitalists who have violated the law and committed crimes is a blasphemy of the socialist legal system!
This is because any criminal act in economic dealings can be subtly turned into an economic dispute, leaving the victim to go to court. Some victims are cheated of money and have no money, and they can't afford to fight a lawsuit, and even if they can afford to fight a lawsuit, it will take two or three years, and they may not be able to win the lawsuit. In this way, the crooks finally escaped the sanction and continued to deceive under protection!
This concept of the rule of law is rare in socialist society, and it is also very rare in capitalist society!
Once the laws of a socialist country lose the people's nature, party spirit, and social morality, it means that the rule of law will eventually fail!
If a criminal private entrepreneur is dressed up as a three-headed, six-armed, indigo-faced and red-eyed monster who cannot be punished, who is not guilty of a crime, who does not dare to get involved in the law, and who dare not get close to anyone, then it will undermine the rule of law!
The people of socialist countries are the masters of their own affairs, and the constitution gives the people the right to supervise and criticize all political, economic, and social activities that involve the interests and security of the state and the people.
Private entrepreneurs and their enterprises are part of the main body of the market, and their production and business activities are carried out in society, and most of the people who use their products and serve are the masses; the private economy, private enterprises, and private entrepreneurs are part of the state's socialist market economy, and their various behaviors naturally involve all aspects of the state's politics, economy, and society. The masses of the people fully enjoy the right of supervision and criticism conferred by the Constitution.
Everyone is equal before the law, there are no special ones, and there can be no partial neglect; we must not set up false names and arbitrarily set up reasons to deprive the masses of the people's right of supervision and criticism; still less can we act in opposition to the Constitution and the party's major policies!
(c)
In a socialist country where people's ideological and moral consciousness generally needs to be raised, especially in the positions of internal demons and villains at all levels, everything cannot be handled by law, but should be judged and decided by the people collectively.
Fighting the devil and catching the bad guy is a guarantee for maintaining the fairness, justice, openness and transparency of the law, and safeguarding the sanctity and majesty of the law.
Especially when the evil guys manipulate the legislation and hold the legal weapon in their hands, the consequences are unimaginable.
Governing the country according to the law is essentially the opposite of the golden mean, so the premise of governing the country according to the law is that the internal ghosts and villains must be eliminated.
Ancient and modern, Chinese and foreign, countless facts eloquently prove that the golden mean thinks that it is clever, and it is exquisite, left and right, up and down, and pedaling on many boats, but in fact it has no future, let alone vitality, and will eventually lead the cause to destruction.
In the history of China, all the figures who made great achievements and left their names in history, such as Qin Shi Huang, Emperor Wu of the Han Dynasty, Emperor Wen of the Sui Dynasty, Genghis Khan, and Emperor Chengzu of the Ming Dynasty, were not a generation of romantic figures who were resolute in their killings, had a firm will, opened up territories, and stabilized the country and the people? However, there is a believer in the golden mean, Song Xianggong, who eventually became the laughing stock of historical ridicule!
The lawyer who accompanies the law is actually the embodiment of the legal mean. Look at the judge's eyes to defend and listen to the judge's tone to act, uphold the dignity of the judge's holy spirit, and comfort the plaintiff's wounded heart. It can be said that it is up and down, left and right, exquisite, and able to speak.
In fact, lawyers are a product of the capitalist constitutional system, and the soil for their existence is an unfair capitalist legal system.
Since the laws of capitalist countries are formulated by and serve a small group of capitalists, their bias, unfairness, and injustice have aroused strong dissatisfaction among the general public. In order to fool and fool the public and maintain the private nature of their laws, as a buffer, legal intermediary lawyers were born. Its superficial task is to maintain the fairness and justice of the law and help people who do not understand the law and do not know the litigation procedures to fight lawsuits, but its fundamental task is to maintain the unfair legal system of capitalism and to confuse, induce, and deceive the plaintiff to voluntarily accept the unfair and unjust ruling.
In the final analysis, lawyers in capitalist countries are accomplices of capitalist groups and defenders of unfair and unjust legal systems.
In a socialist country, the people are the masters of the country, and its laws are formulated by the people, which fully embody the will of the people and serve the broad masses of the people. The most important characteristics of the laws of socialist countries are openness, transparency, fairness and justice.
In socialist countries, the public procuratorate, procuratorate, and other political and legal units belong to the people and serve the people, and their adjudication and law enforcement are based on fairness, justice, objectivity, and truth-seeking, and the purpose is to protect the rights and interests of the parties.
In short, governing the country according to law and the golden mean are incompatible. There is no future for the golden mean! If there are many internal ghosts and do not clean up, nothing can be done, let alone governing the country according to law!
Wang Changhu, January 19, 2024
Note: The author of this article is Wang Changsheng, a researcher at Qin'an Strategic Think Tank, and is an original work on this platform.