我的眼睛看世界

2011年07月27日

呼唤严刑峻法

Filed under: 言论 — gcd0318 @ 01:56

严刑峻法无论任何社会都是必需的,只有严格的制度约束下,才有可能实现和谐社会。有严格的约束,所以没人敢害人,只有这样,两人相对的时候才不必互相提防,可以互相信任,甚至即使有人做错了事情,别人也会相信它不是主观恶意的,因为没有人敢,甚至没有人敢有恶意,因为每个人的头上都悬着一把宝剑。既然互相信任,那就能谈谅解,于是社会也就和谐了
当然了,我所谓严刑峻法,绝对不是秦始皇的那种让人什么都不敢做的严苛,也不是只管臣民不管皇帝的“看人下菜碟”,而是对所有人,对每个社会成员都同等严格的区分群己权界,谁的地盘谁做主,一旦越界,不管是谁,都是重罚,这个边界不是漫坡,而是悬崖,让人走到附近就留心谨慎,不敢多走一步,面对诱惑也不敢伸手
西方的社会就局部小范围的实现了类似这样的套路,比如在美国,冲女同事吹个口哨都可能被解雇,所以似乎西方人都很规矩,彬彬有礼,是因为它们都很有修养吗?错,它们是害怕。沃尔玛在美国多么的公道,怎么到了中国就两码事了,几乎没有哪个供货商没被它欺负过;高盛在美国投资各种行业,都是老实做生意,怎么在中国买下双汇就闹出肉精门?因为没有监管,没有严刑峻法的约束和震慑。美国的法律深刻的认识到,没有监管,任何人都会作恶,制定宪法的时候,弗兰克林(也许是杰斐逊,不记得了)说,我们的第一位总统,他很可能是好人(当时还没有进行选举,但是大家都默认一定会是华盛顿,事实上后来华盛顿也果然当选,并且确实是位了不起的好人),但是以后的那些家伙就很难说了,所以必须有些规则来约束他们。只有承认“无监管则人人犯罪”,才有可能制定出无孔不入的约束制度,而不会被钻空子——不过即使这样,美国的法律也依然漏洞无数(就比如伟大的逻辑学家哲学家思想家Godel发现的漏洞,Godel在申请美国国籍的时候研究了美国的宪法,最终得出结论:美国可以转变成为独裁国家,而丝毫不违反宪法),但是我宁愿相信,这些漏洞,都是故意保留的,其目的在于,制造智力上的弱肉强食——美国人没那么好心
美国从宪法到具体法律的确立过程,都是一个套路,精英制定,集体通过,强力执行。美国宪法的制定过程只有不到六十个人参与,其中还有迟到早退甚至直接缺席的,但是参与者个个都不简单,宪法制定出来,他们的任务也就完成了,余下的就是执行。这也就和我一直主张的精英政府(而非民主政府)对接上了:我们需要一群真正的精英,能够考虑到社会各方面,像美国的那些“乡巴佬”(这个称呼来自易中天)开国元勋那样,制定公正必要而且严格的制度,交给社会去遵守。这样的立法精英不需要很多,一个百人左右的班子就足够了,但是每个成员必须德才兼备,是名副其实的精英,而没有“砖”家混入其中
民主政府其实最需要的就是精英的开路和保驾护航,否则为什么德国会出了个希特勒?为什么菲律宾那么积极的搞民主,50年前曾经不可一世,后来竟然沦落到举国妇女都出国去当保姆的地步?就是因为严刑峻法还没制定,就把权力交给了人民,而人民的iq,显然远远低于某些野心家,这就好比是把昂贵的珍宝交给了孩子,那是一定会被坏人惦记上的。没有严刑峻法的约束,野心家可以毫无顾忌的为所欲为。开启民智,整体提高国民iq并非任重道远,而是根本就不可能,所以只能依赖少数真正德才兼备的精英来制定好规则,人民照着做,从而保护脆弱的民主
其实这也不过就是法家的思路而已,法家默认皇帝一定越来越愚蠢,所以需要有明白人把所有的规则都制定好,皇帝治天下,只需要按一下按钮,余下的事就是机器自动运转的事了——垂拱而治于是实现。现在虽然没有皇帝,但是如果把权力交给人民,那其实和交给愚蠢的皇帝毫无区别,所以必须有精英来设计出这种“治理天下,请按一下”的傻瓜一点通的制度体系——其中最重要的,就是严刑峻法

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