Chapter 29 On the Legislative Power (February 22, 1902)

Legislation, law enforcement, and judiciary, the separation of powers, in Europe, America and Japan, has become a statement, and women and children can understand it.However, our country has been established for thousands of years, and there is no one who has invented such political science?Therefore, I will briefly interpret and interpret it in a simple and easy-to-understand article, in order to popularize political thoughts among the people.Although the ancestors narrate the Western and Western theories in the article, most of the discussions are based on the principles that Westerners can understand without discussing them. From the perspective of this scholar, it is almost like the hogs in Liaodong, and the people in Song Dynasty only feel that the words are exhausting.However, among my 400 million compatriots, there are almost ten people who do not understand such superficial and superficial meanings, and I dare to avoid words and remain silent.Scholars go so far as to strive for refinement and depth, then Jian Kuai will abandon it and solidify his wish.

Section One: On the Indispensability of the Legislative Department The personality of the country is also. (The qualifications of a person are called personality.) Ordinary people must will and then act. Those who have no will but act must be crazy people, otherwise they will be talking in their dreams.What is the state doing?Administration is already.What is the will of the country?Legislation is done. Western politics is superior to China in different ways, but to seek its origin, the early development of the Legislative Department is the most important thing.In ancient Greece, there was the so-called Gerontes, in which the monarch summoned the nobles, made laws, and issued them to the people; there was also the so-called National Assembly (Anassembly of the Centes), where the laws made by the monarch and the nobles must be reported here Meeting, let the people express their opinions to approve or reject it, and then implement it.Afterwards, Baron from Athens and Kages from Sparta all took great legislators as the rulers of their countries.The same is true in Rome, where there was the so-called Council of Hundreds (Comittia Centuriata), which was organized by soldiers, and every major issue was decided by it; The Concilia Plebis fought against each other and fought for legislative power. After a long time, they reconciled and formed the National Council (Comitia Tribute). Therefore, although it later became an imperial government, the development of Roman law can only be called complete.And the Teutons and the Roman Daixing, that is, the so-called people's general assembly (Tolkmoot), and the so-called wise men's meeting (Wetenagemot), both of which gathered the people, and the king supervised them to implement legislation, gradually evolved, and became today. The Congress, the so-called Parliament (Parliament) is also.Since the eighteenth century, countries have imitated each other and become more and more perfect. Legislation has become the first key to politics, and the prosperity and decline of countries are all here.Although the affiliation of the legislative power and the extent of its scope vary from country to country, it is the same if the superiors, the monarchs, the subordinates, and the citizens all know that this is the foundation and principle of the establishment of a country.

It is a pity that China has been founded for thousands of years, but no one has paid attention to the legislative industry. The book "Zhou Guan" is quite legislative. The year is just like Wei, so that the people can read it. Although it is not for the people, it still has the same meaning as the people.Han Xing Xiao He Zhilu, although his book is lost today, I don’t know what the system is like, but the Han system is scattered in the group of books, and it is because it follows the Qin Dynasty, there is no big profit or loss, it can be asserted.During the reign of Emperor Wei Ming, he once discussed gathering courtiers to review the legal system, but it did not work.During the Yuwen period of the Northern Zhou Dynasty, Su Chuo won the throne, and he had the meaning of systematic research, but his affairs were only superficial and impractical.It has been more than 3,000 years since the Duke of Zhou, but Wang Jinggong created the Three Divisions of Regulations, which can separate legislation from administration and become one of its own. This is the era when we have a glimpse of China's legislative power.It's a pity that the people he uses are not human, but the stubborn and vain people are restrained by the crowd, so the industry has fallen for a thousand years, and there is no one to ask questions.Alas!Xun Qing's statement that "there is rule of law but no rule of law" misunderstood the whole world, so that for thousands of years in China, the country was a country of lawlessness, and the people were people of lawlessness, and the Ministry of Legislation did not have it. It is even more wasteful; if there is no law, it is even more wasteful if the law is good or not.The will of the country is also the legislator.As far as a person is concerned, yesterday's will and today's will, today's will and tomorrow's will, are often not the same.Why?Whether the consciousness of the inner world changes, or the circumstances of the outside world are different, it is very clear that people cannot be restrained by the will of several years or decades ago.But so is the country.Therefore, the Ministry of Legislation must always be established, and according to the situation and according to the desires of the people, the establishment and reform of the system will benefit the people.All countries have parliaments, which are held every year or every year. Since the situation is different from day to day, the laws and regulations are also revised frequently.In my China, the laws of today follow the laws of the Ming Dynasty, the laws of the Ming Dynasty follow the laws of the Tang and Song Dynasties, the laws of the Tang and Song Dynasties follow the laws of the Han Dynasty, and the laws of the Han Dynasty follow the laws of the Qin Dynasty.Two thousand years have passed since the Qin Dynasty, and the law is still the same.It was He Yi who was in his thirties, and he was dressed in brocade clothes, and he was guided to dance with elephant spoons.All of them were born in the Ministry of No Legislation.The princes and prime ministers are not in their positions, and they are afraid of changing measures.Like paint on paint, day after day, this is a unique phenomenon in China, and the root of corruption comes from it.

The ancestor who narrated Xunqing's theory said: But if you can get the person, why bother to legislate.I don't know that the age of a person is very short, but the law is very long;If the law can be established, the sage and the wise can firmly follow the law to increase public welfare, and the foolish and unscrupulous can also be bound by the law to make no difference.Talking about the lack of talent in our country, even if there is a lot of talent, in the land of more than 20 provinces, all the government affairs of the people's livelihood and the national economy cannot be divided up by millions of people. ?There is no one, and there is no way to do it, but how can you get it if you want to do it?If the wife is going to run a room, she must first draw a picture, estimate its material, and then do it.It used to be the government of a country, but it's not as good as taking care of a family?In recent years, we have repeatedly raised proposals for reform in China, but the failure to see results is due to the Ministry of Legislative Affairs.I don't do this today. I know that I have read it for several years or decades, but the effect is not visible, and it is still the same.There is a performance today, and an edict tomorrow. The ignorant people rejoice, thinking that the reformation can be seen immediately, but they don't know that it is all empty words on paper, and there is no reason for it.Restlessness is the only thing, the order is disordered, and the pulse is throbbing. Those who should be saved should be reformed, those who should be reformed should be saved, those who should be urgent should be slowed down, those who should be slowed down should be urgent, and those who should be slowed down should be rushed.Without him, those who just look at the beauty of the Fuxi people's political effectiveness, but don't know why it is so beautiful, have their roots.What is the original dimension?It's just the Ministry of Legislation.

The second section discusses the principle of separation of powers from the legislative administration Legislation and administrative separation of powers have long been done by Taixi, and the French Confucianist Montesquieu has clarified its principles and determined its scope, and the politics of various countries have evolved.It is very easy to understand whether the two should be separated or not combined.A person has a heart and soul to govern his will, and an official to govern his actions, and the two have their own duties and cannot be mixed.The country of personality, why not.Although, its benefits and disadvantages are more than that.Montesquieu said: "If you want to have a good government, you must have all the ministries in the government, and then you can do it. However, those who occupy their positions often go beyond their duties. To set up officials with divisions of duties, and to perform their own duties, they must check each other and prevent each other from invading each other." He also said: "If the two powers of legislation and law enforcement belong to the same person, or belong to the same department, the people of the country will definitely not be able to protect them. The right to liberty. Why? When the two powers are combined, one may use the power of legislation to impose harsh laws, and the power of law enforcement to enforce such harsh laws. However, if you want to seize the property of the people, you must first rely on the power of legislation, predetermine the law, and order that everyone's property should be returned to the government, and then use the power of law enforcement to seize it. Power is invincible, nothing can be done." Yun Yun.This is the general idea of ​​Montenegro's theory of decentralization.

Meng's theory can really get the origin of politics.The official system in China is also the most concerned about the method of restraining and preventing fraud. However, they all have the same duties and restraints, and it is not possible to define their duties and make them equal.For example, there are seven officials in one department, and there are governors, governors, two divisions, and various ways in one province, all of which are to prevent invasion and restrain each other.But I don't know how to restrain each other, push each other, and don't do anything, and the disadvantages are inevitable.Westerners are not.For all administrative matters, each post must be dedicated to one person, who is given full power to use his talents to manage the affairs, and all merits and crimes belong to him. This is called a responsible government.If it is to prevent it, the two powers of legislation and judiciary are the horns. (Judicial power is another matter.) Laws negotiated by the Legislative Ministry are approved by the head of state, and then assigned to the administrative officials of the divisions to follow them.If the administrative officials want to do something, they must present their opinions to the Legislative Ministry, and they can implement them after obtaining their resolutions.Those who act arbitrarily in accordance with undetermined laws are called infringing duties and crimes of infringing on duties; those who fail to implement the established laws are called indulging in duties, and indulging in duties is also a crime.But if the power of legislation is determined and the laws enacted are good, there is absolutely no reason for administrators to harm the country and punish the people. The so-called clean source must be clear, so why prevent them one by one.Therefore, the separation of powers between the two is actually the most important principle of governance.

In China, if there is no legislative matter, there is no separation of powers, let alone talk about it.However, the ancients still have a saying: "Sitting and discussing the Tao is called the Three Dukes, and doing it is called the Division." It seems that those who know a little about the boundaries of the two powers.In the Han Dynasty, there were Yilang and Doctors who specialized in discussions, but their rank was low and their power was low.The husband's so-called separation means that each other's power must be equal to each other, and the administrator cannot force the legislator to follow me.If the system of the Song Dynasty had a Department of Regulations, although it could be said that it had a legislative department, it could not be said that it had legislative power.Why?Its Legislative Department is nothing more than an establishment of the government, a vassal of the executive, and the attitude of separation of powers and confrontation has nothing to do with it.In the affairs of the Tang Dynasty, there was often the right to seal and return edicts. The reason why it resisted the administrative officials so that they could not monopolize their authority was good and beautiful; , but not good at its roots.If there is a major event in modern times, there are often conferences of great scholars, six ministries, nine ministers, Han Zhan, Ke Dao, governors, and generals. However, each has power, and each has no power. It is neither legislation nor administration. The name and reality are confused. , incredible.Therefore, if we want to develop a new governance today, we must pay attention to thinking about the power of legislation, which cannot be achieved.

Section Three: On the Ownership of the Legislative Power Legislative power is inseparable, since it has been ordered, who should belong to this power?Does it belong to one person, to many people, to officials, to the people, to the majority, to the minority?These problems should be explained with the theory of political science. The British Confucian Bentham also talked about politics, saying that the goal should be to seek the greatest happiness of the greatest number of people.There are many scholars of speech and politics in modern times.Legislation is the essence of politics, so whether the citizens can be happy or not, and whether those who get it are the majority, must be determined by legislation.It is human nature to be self-interested, so those who have the power to legislate must enact laws that are beneficial to themselves, and this is unavoidable.However, if one person is allowed to exercise his power, the law enacted will benefit one person; if many people are allowed to exercise their power, the law enacted will benefit everyone.The same is true for officials and the people, and the same is true for the minority and the majority.This is not a matter of public or private discussion of good and evil.One person's self-interest is selfish, and everyone's self-interest is not selfish, but good and evil are judged.According to the so-called goal of the greatest number and greatest happiness, the benefits of the people are more important than one person, the benefits of the people are more important than officials, and the benefits of the many are more important than the few.Husbands who slander and slander abandon the market, those who conspire against the barbarians, without asking, you know that it is the law established by the autocratic monarch; a woman can have seven daughters, and a husband can have several wives, without asking, you know that it is the law established by men The law is also: slaves are not allowed to be citizens, and servants are sold along with the land (this is the case in the old Russian system). Without asking, it is known that it is a law made by the nobles; religious beliefs are not allowed to be free, and priests have special rights. Without asking, it is known that it is the church. The established law is also.Looking at it with the eyes of today's civilization, it goes without saying that it is an evil law.Although, it is nothing more than the legislator's self-interest.If the so-called civilized laws in this world, such as the people's right to participate in political power, the right to obey officials, the freedom of speech, assembly, publishing, migration, and religious beliefs, etc., are not derived from the legislators' own interests.However, if a piece of paper and a field are judged like heaven and earth, the former's self-interest is contrary to the political goal; and the latter's self-interest is in line with the political goal.Therefore, in all civilized countries today, the legislative power belongs to the majority of citizens.

However, even if one or two people exercise the legislative power, how can there be no sages and philosophers who forget their own interests and seek the public welfare of the people?Said: "Of course."However, those who talk about things often talk about changes, and it is clear that relying on this once-in-a-thousand-year sage and philosopher is not as good as the people's self-reliance.And (record) it doesn't mean: "Whoever chops on behalf of a great craftsman will hurt his hands." Even if there are sages and philosophers who plan to replace the people, they must not be as thorough and detailed as the people's self-planning. .Moreover, the legislative power belongs to the people, not just for the interests of the individual citizens, but actually for the interests of the state itself.why?A country is formed by accumulating people, and the happiness of the people is the happiness of the country.A country with many poor people is bound to be a poor country, and a country with many rich people is bound to be a rich country.Merustein said: "The degree of a country's development depends on the development of a person." Therefore, most people seek their own interests together.And where is the grand duke going, the law that conforms to the self-interest of the majority, and the law of the public good exists.

The legislator is also the will of the country.In the past, the country was privately owned by the monarch, so the will of the monarch is the will of the country, and its legislative power belongs exclusively to the monarch.Today, political science is great, and we know that the country is the public property of the people of the country.Moreover, the internal and external current situation is so severe that from now on, a country owned by one person will not be able to establish a world in which the superior wins and the inferior loses.However, if we seek the will of the country today, it is our fault to leave the people alone!What's more, giving legislative power to the people is actually not detrimental to the dignity of the monarch.Great Britain and Japan are proofs of this.The monarch is dignified according to the country, and the country is happy according to the happiness of the people.Therefore, today's monarchs are not only for public welfare, but should give the people the right to make legislation, that is, for private interests, and it is also appropriate.If you don't give it away, the people will eventually know that this right is what they deserve.And if you know it yourself and seek it yourself, the failure of King Louis XVI of France can be chilling.This is the empress of European and Japanese philosophers, so it is my job to learn from it.