Chapter 14 Chapter III Property Rights and Tax Rights

As far as constitutionalism is concerned, property rights and tax rights are undoubtedly the two most important cornerstones.If the role of the former is to determine what property belongs to citizens, the role of the latter is to agree on the price that citizens should pay for the services provided by the government.In recent years, the reason why Chinese citizens place high hopes on property rights and tax rights is that they pay more and more attention to renewing the contract between individuals and the state by reaffirming these rights. On the morning of March 16, 2007, the National People's Congress overwhelmingly passed the Property Law.This law has gone through thirteen years of deliberation and extensive discussion, setting a record for the most reviews of a single draft law in the history of Chinese legislation. The "Property Law" stipulates: "The property rights of the state, the collective, and private individuals and the property rights of other obligees shall be protected by law, and shall not be infringed upon by any unit or individual." Like private property entering the constitution, on China's road to constitutionalism, the "Property Law" "The passage of " is undoubtedly a landmark event.

Just one month before, Wen Jiabao wrote an article pointing out that "science, democracy, the rule of law, freedom, and human rights are not unique to capitalism, but the values ​​that mankind has jointly pursued in the long historical process and the achievements of civilization created by the socialist system. It is not inconsistent with democratic politics", "(China) must boldly absorb and learn from all the achievements of civilization created by human society, and absorb and learn from all advanced management methods and management methods that reflect the laws of modern socialized production in today's world".

It is obvious that among the "all achievements of civilization", apart from values ​​such as freedom and democracy, the separate property rights system is also an achievement of civilization that China in the transition period urgently needs to absorb and learn from.Although the "Property Law" was "temporarily shelved" because it led to "the third ideological discussion since the founding of the People's Republic of China", no one can deny that with the introduction of "private property into the Constitution" in 2004 and the promulgation of the "Property Law" in 2007, China is looking for New coordinates and starting points, redefine and enrich our own civilization.

It was the best of times, it was the worst of times, and it was the age of bulldozers.At the end of the year when the "Property Rights Law" was passed, the residence of Ju Fengguo and his wife, a temporary worker at the 18th Middle School of Hefei City, was forcibly demolished in the middle of the night.For this reason, the poor couple had to spend their first homeless night on the ground of the school duty room.What is incomprehensible is that the demolition company said it was just "a misunderstanding".Coincidentally, in the summer of this year, the Tang Dynasty Art Museum in Xi'an was forcibly demolished in the middle of the night by urban management.The plot was quite similar to the demolition of the house mentioned above. At around 9:00 p.m., more than 20 people wearing white helmets of "urban management and law enforcement" suddenly surrounded and blocked a museum in Xi'an, and at the same time more than 40 unknown people quickly surrounded it. The museum was demolished, and the gate of the museum was forcibly blocked with old rubble. At around 10 o'clock, dozens of people of unknown origin rushed into the museum with axes and sticks, and violently kicked out the staff on duty in the museum... Similar news is not uncommon.

Is it a "misunderstanding" or unscrupulous?Believe that the public has its own opinion.In addition, the local police's understatement of "improper demolition methods" also chilled the viewers. In fact, whether it is rape of public opinion or civil rights, they are all issues of doing or not, rather than "doing good" or "doing bad", or they are all questions of right and wrong rather than methods.Infringement is infringement, and it has nothing to do with misunderstanding, just as darkness cannot be a reason for darkness.What lawyer would excuse a rapist for "improper means of rape"?

Bulldozers are drastically changing the lives of Chinese people.If someone is willing to find a "totem of power" for China today, I believe the final result will be a bulldozer.When scholars talk about the "state apparatus", they always talk in a cloud of fog, such as laws, systems, executive agencies, violence, etc., but if farmers who lost their land or demolished households who lost their homes were asked to explain what a state apparatus is , everything may be simple-obviously, the "state machine" they have experienced the deepest and most intuitively so far is the bulldozer.

In the countryside, the "demolition party" did not forget to attack and show off everywhere.Also in this year, a "land shoveling case" occurred in Queshan County, Henan Province: On the morning of the May 1st Golden Week, a team of more than 300 people composed of government officials, police officers and teachers came to Liudian Under the leadership of the secretary of the township party committee, the head of the township, and bulldozers, a "big surprise attack" was carried out on the wheat fields of Dushan Village.The nearly 1,000 mu of wheat planted by the farmers was shoveled by the bulldozers sent by the township leaders.It deserves to be called "the most powerful township government in history". Its awe-inspiring momentum, its bravery of "devils entering the village", its quiet fanfare, and its efficiency in mobilizing all kinds of religions and nine streams are enough to make people admire.

If we look down on this "daily conflict" from the perspective of rights, it is not difficult to find that the "bulldozer politics" engaged in by township cadres is not so much about performing official duties as "mopping up" civil rights.The difference is that this is an era of singing and dancing, and a glamorous appearance. The bulldozers that advocate "constructive" have replaced the tanks of the war years, and these peasants have no ability to organize "anti-sweeping". Who is the poorest person here?Needless to say, the peasants mentioned above, who were submissive, could only complain as if they had encountered a "natural disaster" when they met reporters. "Whoever speaks will be detained, and they dare not say anything."Recalling the lineup of more than 300 people, there is another kind of "poor" that is given to rural teachers.They should have stood in the pulpit of civic education, not in the ranks of invaders.When "devils enter the village", they are objectively more like "translators", like "spiritual props" - the government is using "teachers think so" or "teachers are on the side of the government" to persuade farmers" Surrender", in line with knowledge and reason.

When it comes to the protection of private property, the most repeated sentence in recent years is "the wind can enter, the rain can enter, but the king's guards cannot", but here it is "the wind can enter, the rain can enter, and the country's bulldozers can enter even more." Enter". The bulldozer has entered the village. In the name of local development, it is eliminating the scythe that used to symbolize the power of workers and peasants in the hands of farmers, and rising to a new power totem that symbolizes "bulldozer politics" and "bulldozer economy".Obviously, there is a profound paradox hidden behind this kind of politics that flaunts public interests but ignores people's livelihood and civil rights.It is not only manifested in the demolition of the things left by the previous generation by the contemporary people, but also in the promises and subsequent treachery, but also in the ruthlessness and destruction of the weak among the same generation.After all, the weak and the dead here have the same attributes, that is, they are unable to defend their rights, and their lives and creations do not receive the necessary respect in this country.When the strong lose their restraint, when the society cannot defend itself, when happiness has to be hoped for by the occasional "conscience discovery" by the power department, the final result must be "dismantled as before" and precarious. Witness what the author said "We are creating the future" , and our creation has no future."

Facing the surging "demolition movement" everywhere, some Chinese laughed at themselves that "China" means "demolition", and GDP means "land acquisition".Although such "reappearance of the original sound" seems exaggerated and joking, it undoubtedly touches a certain hidden pain buried in the hearts of Chinese people. For thousands of years, the Chinese have often regarded the world with "ancestral civilization", and sometimes threatened that "the law of the ancestors cannot be changed".However, when we carefully examine our own history, we find that it is a "law of demolition" that really governs the direction of Chinese history—this includes both the "political demolition" of changing dynasties and changing soup without changing medicine, and it also includes one generation. The demolition of a generation's creation.The former is manifested as "one emperor and one courtier". The establishment of a new dynasty is often accompanied by the complete negation of the old dynasty, while the latter is more often seen in the demolition and destruction of houses in daily life.The similarities between the two are in the name of "changing the sky and changing the land", "demolish first, then resettle".

Psychologists believe that the trigger will move the finger, and the destructive power of the person will be seduced.The Chinese also often attribute the arson pride of their predecessors to the destruction of ancient houses to the wooden structures, as if the fire deserved it.Nevertheless, it is obvious that the Chinese do not pay attention to the protection of local culture.Walking in small medieval cities in Paris or some other places in Europe, the ubiquitous civilization relics and architectural complexes will give you the surprise and calmness of traveling through thousands of years. However, in the more ancient China, what catches our eyes is only A few lone arches or towers, like a building destroyed, leaving only a carved figure of the reception room for people to pay homage to. Civilization, as a creation of man, is endowed with life by man.Today's reinforced concrete also did not stop the "short-lived" fate of Chinese architecture. On January 6, 2007, with several muffled noises, Building No. 3 of Zhejiang University Hubin Campus, known as the tallest building by the West Lake, was demolished by blasting.It is understood that the building is the tallest "frame tube building" in China. According to the design service life, the building can be used for at least 100 years.However, it was only used for 13 years when it was demolished by blasting.At about the same time, Shenyang Wulihe Stadium also collapsed into rubble.With a few packs of explosives, this stadium that once witnessed the growth of Chinese football has become a "beautiful legend"-someone joked that Chinese football encountered "9.11" on this day. Today, China's politics is relatively stable, society is developing steadily, and there are few "terrorists", but this does not prevent this peaceful age from being full of gunpowder everywhere.The most eye-catching thing on the front pages of TV news and newspapers is that a certain city has launched "XX's first explosion". The reputation and gimmick of "the first explosion" made many media and officials look happy.It's hard to understand that when these creations were wiped out, the one who decided to ignite the fire didn't have the slightest pity and kindness. The paradox of the times shown by the "Law of Demolition" is: while people applaud China's "peaceful rise", they sigh for the lingering specter of "peaceful collapse".In this way, "demolition" erodes the foundation of civilization day after day, and precarious creation is like laying bricks on the same plane, which will not increase the height of a civilization—just as robbing each other will not add any wealth to society . Don't Chinese people know how to cherish their own history and creation?That's not the whole truth.Otherwise, we will not be able to explain why some people are still unable to save their houses despite desperate struggles in demolition disputes that have been accompanied by huge real estate profits in recent years.In fact, it is this kind of "weakness of purpose" that makes people turn the crux of "demolition culture" and "peaceful collapse" to the separate property rights system, and turns the worries of civilization to the construction of rights. The reality is that various scandals have emerged one after another in recent years.One scandal is exposed, and soon the same version will be found in another place. The "demolition party"'s unreasonable deeds and its magnificence are unmatched.Moreover, the demolition team is getting longer and longer.Many things that should have been "good before" have happened to be "good after".For example, Hubei Hansheng Nunnery was demolished, and officials in Xiangfan also said that it would be "rebuilt in a different place."In the eyes of these officials, it seems that the destruction of cultural relics by "beheading first and playing later" is just for head-changing performances, not for killing people.In essence, "demolition first, resettlement later" is a rogue logic of cooking raw rice for mature rice. The author believes that the historical tragedies in China are in many cases caused by "demolition politics".In terms of life, it is more reflected in "demolition first, resettlement later". "Demolition first" means that the old house has gone, and the new house has not been built; while "resettlement later" may never be resettled again, so the demolished have to endure the cold weather, or enjoy the "sweeping the world" outdoors. benefit.For example, many revolutions or rebellions in history have promised Xintiandi in a glamorous way, but in fact they are empty checks that cannot be cashed. It is often said that "all roads lead to Rome".Rome is both an important source of human civilization and a reference.The German jurist Jhering once summarized Rome’s influence on human history: “Rome conquered the world three times—the first time with force; the second time with religion; the third time with law. And this third conquest may be Among them... the most enduring conquest.” Needham analyzed one of the important reasons for the decline of the Roman Empire: the loss of personal property rights, being occupied by royal and divine power, inhibiting personal creation, and finally the European economy waited (stagnated) for a thousand years.The degree of individual possession of property rights determines the rise and fall of Rome. Like Athens' democracy, Rome's concept of property rights had a profound impact on the progress of human civilization. On the eve of the European bourgeois revolution, the "Roman Law Revival Movement" also ushered in.Regrettably, in the past few decades, when talking about the revolutions in the history of the world, people have talked more about "freedom" and "democracy". The "Bill of Rights" of the "Revolution" and the "Succession to the Throne Act" that followed established the principle of "Parliament supremacy" in Britain, and at the same time strengthened the protection of private property; the "Declaration of Independence" brought about by the American Revolution in 1776 will The property rights of citizens are regarded as equally important as the right to liberty and the right to life; similarly, the French Revolution, which advertised "liberty, equality, and fraternity", wrote "private property is a sacred and inviolable right, and no one can deprive it of this right" the Declaration of Human Rights.If values ​​such as freedom and democracy represent a certain level of human spirit, then the affirmation of individual property rights makes this level take root in the earth, so that it will not be reduced to an ideal that flies into the sky, a concept without roots and roots duckweed. Recognizing the property rights of individuals is, in the final analysis, acknowledging the right of individuals to self-government, and on this basis, expanding order and establishing a solid social network, so as to achieve higher prosperity and civilization.According to Hume: "The recognition of separate property marks the beginning of civilization." Apparently, in the era of "all under heaven, is it the king's land", the division of property is just an extravagant hope. When "the king wants his ministers to die, and the ministers have to die" becomes a mainstream value, life can't be saved, let alone property?In the era when the state annexed the society and "there is no land under the sky", this kind of protection is also difficult due to the lack of moral and legal legitimacy. How to destroy a city?Two well-known methods: one is Hitler's indiscriminate bombing; the other is to eliminate property rights in the city.When the city belongs to no one in name but actually belongs to no one, the "tragedy of the commons" will inevitably be staged in chaos, and the grassy pastures will lose their vitality under the rough and short-sighted grazing of people, and no grass will grow . In the West, civil law is summarized as "the bible of social life" and "the declaration of the rights of citizens and legal persons".The market economy is adjusted by this "Bible".In recent years, disputes and even self-immolation protests have occurred frequently due to forced land acquisition and demolition, which shows that some disorderly and brutal demolition has seriously threatened the stability and development of Chinese society.A paradox is: there are now more than 110 countries in the world that have civil codes, but China, the third largest economy in the world, has no civil codes, and the current "General Principles of Civil Law" is only 156 articles. More than a hundred years ago, the French "Code Napoleon" had more than one thousand pages.Sixty years after the founding of the People's Republic of China, there is still no "Civil Code", which shows the serious lag of the country's legislative work and its profound paradox-the "rule of law" cannot be relied upon. Jurist Jiang Ping once lamented the absence of the Chinese Civil Code.Since the founding of New China in 1949, all civil laws of the Kuomintang were abolished.A series of laws including criminal law, criminal procedure law and civil procedure law have been enacted and passed successively.In the sixty years since the founding of the Republic, there has been no civil code of its own, which is unprecedented in any country. Statistics show that in 2004 China's courts at various levels accepted about 500,000 criminal cases, less than 100,000 administrative litigations, and 5 million civil cases, accounting for more than 80% of all cases.Jurist Wang Liming evaluated the Civil Code with the "Declaration of the Rights of Citizens and Legal Persons." Wang Jiafu also said when talking about the Property Law that "property itself is also a basic human right."Human beings cannot exist without things. To protect property rights is to protect human rights and life. People cannot live in an ideal vacuum. Property rights are an important component of human rights and an important guarantee of human rights.Without individual property rights, there can be no lasting creation.Obviously, today’s China continues to gain hope precisely because Chinese society has been liberated like never before and recognizes individual gains in life. The poverty and weakness in China’s history also lie in the fact that individual rights and interests have not been fully respected, so that everyone’s creativity and Creation disappears in the turmoil of the times. Human public order and good customs are continuously expanded on the basis of individual full autonomy.The evolution of civilization is also a process of continuous accumulation of wealth and creation, and the completion of historical increments.This accumulation, in short, is "from one victory to another".In order to achieve this kind of victory, people must be careful step by step, protect what they have already created, and continue to obtain the benefits of life on this basis.Just imagine, a farmer built a house in his hometown and then went to the city to earn another house. If the village chief demolished the farmer’s house in the countryside on the grounds of “public interest”, we cannot say that the farmer is “from a Victory to another victory," as "stateman's fire" ignited in his backyard. As with individuals, so with society.Only when property rights are strictly protected can a society have a real future.Otherwise, all creations will be wiped out in the midst of neglecting one another. John Locke said: "There is no justice where there is no property. The great and chief purpose of men uniting into a country and placing themselves under government management is to protect their property." Henry Maine believes that no one has the right to both Attacking the separate property system also claims to value civilization.In the West, "private property is sacred and inviolable" has long been deeply rooted in the hearts of the people.On the contrary, although China has "human guides" such as "people die for wealth, birds die for food", since ancient times, the emperor, who has a harem and the world, has not given common people the right to defend their property and fight against the king.Under the rule of the king, subjects can only "have beds but no status" like court ladies.What is still fresh in my memory is that just a few decades ago, "copying homes" was still popular in China. Against this historical background, the regulation of the "Property Law" is obviously not only a right protection law and a property protection law for the Chinese, but also a law that changes social concepts, reshapes cultural psychology, and rebuilds political civilization. Through the endless demolition disputes and the heated discussions caused by the "Property Law" legislation, today's Chinese are no longer unfamiliar with several rights defense classics of Western civilians against the king. One is about the "Potsdam Mill" story. In 1866, in order to build a palace in Potsdam, King William I of Prussia forcibly demolished an old mill that did not belong to him, and was sued by the miller.In the end, the court unanimously ruled that William I violated the plaintiff's property rights stipulated by the Constitution by arbitrarily using the royal power, and ordered him to immediately rebuild a mill of the same size on the original site and pay compensation. The second classic is William, the old British Prime Minister in the middle of the eighteenth century?Pitt's famous speech: "Even the poorest man in his humble abode dares to defy the authority of the king. The wind may blow into this house, the rain may drive into this house, and the house may be shaken even in the wind and rain , but the King of England cannot set foot in this house, and all his troops dare not set foot in this wretched house whose threshold has been broken." "Even though I was locked in a nutshell, I still thought I was the king of the infinite universe." When the "Property Law" was passed, Shanghai Dragon TV invited me to participate in a commentary program.I specifically quoted this classic line from "Hamlet" to summarize the significance of property law to citizens' life.In my opinion, the property rights system is to form a hard shell, so that the seeds in it can continue their own vitality and creativity, and can hopefully resist the infringement from the outside world.In this hard shell, there is not only infinite space and time, but also allows the seeds of life force to come out in due course to complete their own creation and reproduction.In this sense, the separate property rights protected by law are like hard shells to build a hard house for every citizen, so that they can live in it and have a republic of their own and inviolable rights. Regarding the role of this "nut shell", as early as the eighteenth century in the United States, the lawyer James Otis had already made a wonderful discussion when he protested against the British government's authorization of customs officials to search for smuggled items in anyone's house: "There are With this writ, every man may be a tyrant....The most important part of English liberty is liberty in a man's house. A man's house is his castle, and in his castle he is as good as he Should be protected like a prince." Looking back at the Civil Code legislation of New China, the first drafting was in 1954, and it was suspended in 1957 due to the "anti-rightist movement"; the second was from 1962 and was suspended before the "Cultural Revolution" in 1965; the third was after the reform and opening up , began to be drafted in 1982, but since China's economic system reform has just started, everything is in the process of experimentation, "it should be coarse rather than fine." After 1986, separate laws such as the "General Principles of Civil Law" and the subsequent "Contract Law" became expedient laws.It should be said that the premature failure of the previous two Civil Code regulations was inevitable, because in the face of strong public power and political omnipotence, civil rights and private property were not advocated or even banned.Without civil rights, there is no real civil law; without property rights, property rights are naturally castles in the air.According to Jiang Ping's understanding, the Civil Code is to establish such a spirit - to build a protective wall of private rights in front of the huge state power. Regarding the legislative value orientation of civil law, Jiang Ping divided it into two ways: standardizing civil activities and stipulating civil rights.The former uses national restrictions as the legislative guideline to prevent private rights from being too large; the latter gives private rights sufficient room for development to protect and promote the development of the market economy and social life.China is now mostly the former, that is, the state prevents and controls civil activities.This is also the shortcoming of the existing civil code draft.Starting from this, Jiang Ping advocated that the core of China's civil code should be dominated by rights, and advocated the establishment of an open civil code. "As long as the law does not prohibit it, you can engage in it, and give civil rights ample room and room for expansion." Paine said in it: "Society is a blessing in any state, and government, even when it is in its best state, is nothing but a last resort evil." Mill also pointed out: "The so-called freedom means A defense against the tyranny of rulers." The role of property rights is to provide a kind of husk-like protection for the seeds.In other words, property rights are permanently independent of the political power, which is not only a defense against the political power, but also a kind of decentralization.History has proved time and time again that if real rights cannot be higher than and independent of the political power, the real rights will be harmed by the collapse of the political power, and may even be burned at any time and the contract will be overthrown and restarted. Equally important, losing power is not a hopeless event for those in power if property rights are truly protected.In other words, property rights are not just a right, but also another kind of power that can dominate or participate in society.Knowing this, it is not difficult to understand why Washington refused to be king after the War of Independence, but returned to the grape arbor of his own estate to enjoy his old age; and today, China's rich and powerful are still uneasy about the future.The reason is nothing more than the fact that the protection of real rights in China has not yet entered an ideal state. "Bulldozer politics" or "bulldozer economy" that wantonly tramples on citizens' lives and property rights is becoming the public enemy of the whole people. At the beginning of 2007, before the "Property Rights Law" was promulgated, several photos about "the most powerful nail household in history" spread all over the Chinese Internet.The originally flat land was dug out by the developer to a depth of nearly 20 meters, with an island-like land moored in the middle.On the isolated island, there is an equally lonely two-story building.Although the small building has the dilapidation of "the wind can enter and the rain can enter", it stands there with the unruly attitude of "the king's guards cannot enter". Such a spectacle, it is located next to the Yangjiaping light rail station in Jiulongpo District, Chongqing.Unable to accept the compensation terms proposed by the developer, the Chongqing couple insisted on not moving out for three years, and became the "best nail household in history" with their unprecedented tenacity. In recent years, some urban demolition movements have emerged one after another, and many "nail households" have indeed emerged.If those who are interested will compile the unfair treatment they have suffered into a book, it will probably be a not-so-thin "Adventures of Dingding". "Which place won't die in demolition?" It has even become the value or catchphrase of some officials.Fortunately, today, when civil rights are increasingly valued, for most people, "nail house" is no longer a destructive and derogatory term that does not know the current affairs.From the "screw" in the mainstream discourse in the era of public power to the praised "nail house" in the era of private power, we can see how Chinese society has progressed and awakened in the past thirty years. "Nail households" should also be in line with international standards.Under the blowing of the wind of private power, people invariably thought of the story of the Potsdam miller that happened a hundred years ago. It was a declaration about the property rights of citizens: Although few people can be "rich as an enemy", But a good institutional arrangement and the belief in the sacredness of private rights can allow even the weakest citizens to seek or calculate their own benefits in an open and honest manner, making the law their real "background" and achieving "rights (rights) Enemy country" shall not be violated.As far as this "nail house" in Chongqing has been forced to be demolished, even a "frustrated specimen" is exciting enough. The reason why the media lyrizes it almost unrestrainedly is that it can listen to the pulse of an era.It is also for this reason that when some "nail households" paste the portraits of leaders Mao, Deng, Jiang, and Hu as "door gods" all over the outer walls of houses, or nail 18,000 nails on the roof to protect their rights, It will immediately attract widespread media attention and sympathy.The so-called "time makes heroes", when a person's value complies with the value of the times, he may be on the cusp of the times at any time.However, the "nail households" in the "Freedom Leading the People" version of the PS image on the Internet seem to show us that in this era where property rights are beginning to be valued, the "nail households" will guide the people. Not all "nail households" are so happy that they can persist without being attacked.Although the entry into force of the "Property Rights Law" tells people that this chaotic battle over property rights is over, some people ignore this "armistice agreement" and continue to convert bulldozers into "tanks" and "fire" on houses. On December 20, 2007, a "savage demolition" incident occurred in Weidun New Village, Chaohu City, Anhui Province.At noon that day, a bulldozer drove up to Si Youxia's house, and within a few minutes, three small facade houses and a two-story residential house (a total of more than 200 square meters) were turned into ruins.All the clothes and furniture of the family were buried in the ruins, and even the tenants who rented the three small front houses of Si Youxia's house were also "treated" in the same way. There is also an intriguing detail in the demolition of Si Youxia's house: "After learning that the house was demolished, Si Youxia, the cleaner, ran all the way home and fainted when she saw her destroyed house." It is said that At that time, an old lady who was watching from the side also fainted.Although the author does not know why this old man was hurt, I am sure that before the property rights of the Chinese people have been completely protected, the "bulldozer politics" and "bulldozer economy" are still infringing like the "British sheep" back then. In society, more "nail households" fell on the road like Si Youxia. As the saying goes, "a bad law is better than nothing".Based on the nature of human beings to pursue happiness and freedom, the author prefers to believe that all real laws have a good nature.The core of regulating an open civil code is to legislate for life, for more freedom, and for an open society. Although the "Property Law" still has many unsatisfactory aspects, such as dividing ownership into three expressions: individual, collective and state, and the vagueness of "public interest", the society is still unable to resist the invasion of power, but we can be relieved. What is remarkable is that in today's China, people have a new understanding of the creation and meaning of law.The law is not regulated to serve politics, it should serve life together with politics, not the other way around, let life serve politics; or let life serve law, and then let law serve politics.The law is formulated based on the theory of sexual evil, so that those who violate the law will be punished; but in essence, the law takes people's freedom and happiness as the ultimate goal, but it is good.The so-called constitutionalism, in the final analysis, is to make politics obey the law and let the law serve life.If we see Chinese people trying to legislate for life, we see progress in China. The re-understanding and public discussion of the concept of real rights has witnessed the degree of openness in China today to a certain extent.From the absence of a civil law to the adoption of the "General Principles of Civil Law" in 1986 and the introduction of separate laws such as the "Contract Law" in 1986, to the controversy and concern caused by the "Property Law" and the "Civil Code" in recent years, it is not difficult to find that "for "Life legislation" and legislation for sustainable and guaranteed happiness have become the "Chinese consensus", which not only reflects people's desire to rebuild order and civilization after the reform and opening up, but also reflects the value orientation and spiritual height of this era . For social people who have stepped out of the "king" and "state" system, the affirmation of individual property rights is the affirmation of individual value and individual creation.All kinds of setbacks and efforts mean that today's Chinese people are re-finding the coordinates of civilization, looking forward to the day when they connect time, space and the three dimensions of people, witnessing the sparkling nailheads of civilization, the earth blooming everywhere, and everyone is rewarded for their creation.