Rule of Law in China should be Independent
On December 2, 2014, New York has entered winter. The winter scenery is very chic and solemn.
Today, China Democracy Party held a rally in front of the Chinese Consulate General in New York, and the content is “Rule of Law in China should be independent.” The theme of this event is equally chic and solemn.
Rule of Law is a very hot slogan in China recently. However, it reflects that the concept of ruling China is essentially paternalistic.
This relates to the essential difference of rule with and law rule of law.
Rule of law requires another subject other than law, it manipulate law to rule the country. However, rule with law does not need this subject; it is using law itself to govern.
Rule of Law and Rule with Law are totally different concepts, and cannot mix together. Rule of law is the real ruling country rule in the modern society.
It requires : first, all the laws can only be all citizens’ constitution. Second , the objective of the law is to ensure that the rights of citizens. Third, once the law is established, nobody can be above the law, which also means that everybody is equal before the law.
Such rule of law is impossible in ancient Chinese society.
That is because: first, all the law in ancient Chinese society is made by the ruling class, it is not all citizens’ constitution; second, the purpose of the law is to ensure the king’s power and not citizens’ rights; third, while in the process of implementing law, the treatment is different based on different titles, such as the king and the ministers, officials and the public, and even father and son, elder brother and young brother. It is impossible to punish the king, there is no such thing called everybody is equal in front of the law.
This is the limitation between history and culture, nobody can surpass it, so does Zhu, Geliang.
However, Zhu, Geli can rule the country by the law, which is very incredible. During that time, there is no real law, so it is hard to do this. Zhu, Geliang made it, and also did very well. Chen Shou＇s argument is "flat and dissuasive intentions clear.”, "Intentions level" is fair, "exhorted that" is open. Fair, open, and you can just. This is his left us a precious legacy to be highly valued and fully affirmed.
However, in modern society, it is not enough just do what Zhu, Geliang has done.
There is just one word difference between Rule with law and Rule of law, the meaning has essential differences. Rule with law means that ruling the country has to base on the law, which means that the way ruling country has to comply with law. This is the legal concept of modern totalitarian control. This kind of rule of law, the subject is the people, the object is possible the state authorities abusing powers.
Rule with law means using the law to rule the country. Law is a tool to rule the country, this is the traditional way of law. The subject is the government, is the people who has power, and the subject is the people.
From this we can see that the essential of rule of law is using law to guide government officials, but rule with law is using law to punishing people. These two concepts are totally different, the former one is deeper and more in line with the needs of modern society.
However, under the name of rule of law, in fact, is more likely to undermine the implementation of rule by law, since it gives dictators some secret operations behind unsupervised power.
In the writings of the pre-Qin era of "pipe Ming Law" chapter, has proposed a "rule of law."
Thus, China＇s ideas now have been out of date than two thousand years ago, then how to talk about developing with times.
Simply to say, the judiciary must be independent, otherwise any leader would become corruptive because the centralization of power.
The first step of rule of law is making transparent laws, and public officials’ property.
The rule of law in China should be independent.
Only by implementing separate rule of law, can Chinese people’s benefits can be guaranteed.
Only by implementing separate rule of law, can equality before the law be achieved.
Implementing independent rule of law can effectively avoid injustice, false and wrong cases, making all the Chinese people living in legal protection.
China Democratic Party
China Democracy Journal
December 2, 2014
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