The rule of law and the rise of great powers

He Weifang

Why the rise?

"The rise of great powers" has caused great social repercussions in CCTV hit. This series of TV shows extraordinary political intentions, production, to the prosperity of the country as the center, to show and analyze the historical process of nine countries since modern times, it is nearly twenty years rare serious work.

Of course, deficiency is obviously. Producers with a depiction of the tremendous role in promoting a country's prosperity, the system in the process of the system however, behind and what factors? Whether the system is shaped to the written specifications? Why in many places, many norms and order rarely? Why in modern times so many countries have formulated the constitution, establishes the principle of separation of powers, also stipulates that citizens enjoy extensive rights, but the Constitution and the actual situation in their own? In contrast, it is Britain, countries such as Holland, even no written constitution, can in fact constitutional?

More it is worth pondering the question is, what is the rise of a country exactly. If only it wealth ownership? Or its forces strong enough to attack cities and capture territories, invincible? When we revealed the rule of law or constitutional government is a country rich in origin, should we then ask: does that mean the human construction of the rule of law and democracy to felicitous wish of making money, glory, splendour, wealth and rank, or international powers, to tremble with fear on hearing of the nations? If in accordance with this logic, then like Switzerland neutral country and how can stand in today's world, where the national to themselves as the Swiss proud not strange?

Since modern times, due to the long suffering bullying powers, let us for our expectations become so urgent. This attitude make us a history of ideas, but also allows us to for the purpose of building the system have a quick understanding. A variety of arguments in China since the Opium War, a bachelor, mostly so the three aim in mind: one, two, national independence, national unity, three, Kunitomi Mi. Although a handful of a person with breadth of vision also emphasizes individual freedom, corporate value, but in the face of the whole nation for the rich to make the rise of the tide seems so circuity moved far, completely unable to gain a wide audience. Mr Li Zehou calls the "salvation overpowering enlightenment" reveals is such a reason.

In this quick mind, factories, we do Jian Xinjun, "Division Skills razed razed to the system"; we take the Soviet Union, advocated "one nation, one leader"; we planned economy, catch the Premier League; we suppress different voice, public opinion will be; we "down with the inner party capitalist roaders", "great revolutionary cultural life". Even after the "Cultural Revolution", the reform and opening up, first proposed the slogan is not the industry, agriculture, national defence and science and technology "four modernizations"? Now about the rise of the great powers, it is equivalent to the economic and military power, natural results may also follow this logic.

The rule of origin

Even in strong terms, a paradoxical truth can be found, from the historical facts, that is, a powerful countries are often not from the ruler or government power; on the contrary, it comes more from the Constitution and the law for the full range of the limit state power. Other countries are strong weak, not because there is a lack of autocratic government or strong leaders, but it is because the government an irresistible force like the existence of power, and has no such power into the orbit of the rule of law fact.

One of the basic objectives of the rule of law is to tame the government. How to make a power was not restricted monarch -- of course also includes other powerful institutions or people -- are willing to accept legal constraints, too observant of conventional standards., this is a big challenge.

Democracy itself is a part of the right to limit. Rulers elected by the people, and accept the oversight of the people, from the practice of democracy in Athens began effect is the relation between the government and the public with the monarchy under different. The famous politician Boric Leigh said:

"Our system so called democracy, for the administration is in the hands of all citizens, rather than by a few master. When solving the dispute, everyone is equal in law. Time for a personal priority over others in public office, not because he is a member of a particular class, but he has a real talent. Anyone as long as a contribution to the country, not because of poverty and political fall into oblivion. Our political life is free and open to the public, our daily life is such....... We are free and forgiveness in our personal lives, but in public affairs we abide by the law, because the law so that we serve. For those of us in the position of the people in the[Refers to the people]We obey. We obey the law itself, especially those who protect the oppressed law, though not in writing, but it was recognized as a violation of the law of shame."

Pericles my behavior to how democracy strictly binding a seeker to make a very good notes. According to Plutarch, the famous statesman Pericles a on politics --

"...... Force yourself to another life. People only see him in town the only road, this is the street which leads to the square and the senate. He declined an invitation to dinner without all, to these parties held between any of my friends and colleagues, even in his long political career, he has never been to any friend home eating meals, except for his cousin Oeri F Tore Moss's wedding."

When the rulers or various political groups have to strictly abide by the rules established in advance, this can be said to be a country under the rule of law began to. Of course, no ruler will fully rely on the conscience and follow the law; "give" this statement means that the power is forced into the standard state. In the British constitutional history, King John was forced to conclude a treaty with the aristocracy "Great Charter", is the nobles to milepost event constitutional rules of kingship. Although the late1528Years, a highly King bully said "King" are outside the law, he according to oneself desire, good or evil, would be responsible to God alone ", however, the parliament in the UK development and finally established the" king in the parliament ", that is to say, the king to exercise any power must be subject to the parliament, abide by the laws of the realm. Is an independent legal system has become the most effective way for government internal control any abuse of power behavior. So, capitalism in this power is subject to the rule of law state increases. Joseph Needham and Huang Renyu worked for Chinese and British history study, the conclusion is, capitalism is a kind of organization and movement, is the process of rule by law to restrict the government power and protect the rights of the people. The rule of law "in democracy and constitutional monarchy under easy expansion. The general trend of totalitarian politics will hinder the growth of private capital."

So, the rising power can achieve prosperity and stability and lasting, reflects is the democracy and the rule of growth, the people for the government to control, check and balance of power under different constitutional government, to provide independent judicial power are both on public power to the people's will is strictly limited, the the freedom of the press and political openness and transparency, are key factors. The original intention of the rule of law is to protect the rights and freedom of the individual, not to rise to power. The latter may only a population and has reached some degree of state towards the rule of law results. This is the portrayal of history.

If it is for freedom

After centuries of evolution, the world today has gradually got rid of the past once in fashion social darwinism. China in the international community have often advocated "the country does not equal" standards despite some inconsistent, but after all, law of the jungle has attracted more and more powerful constraints. A country by his country's respect is no longer rely only on the wealthy and powerful force it, but more depends on freedom and human rights protection, dependent on the implementation of domestic and international justice. If everyone is free to move to Geneva, Rousseau. If the cost of rising is the country to the road to serfdom, then, such a rise for us also good will that be? May wish to apply the Confucius words: "injustice and the rich and expensive, to me as a floating cloud."