Chapter 97: New Beginning (2)
Volume 3: The Hongmen Banquet · Chapter 97
The meaning contained in some things is often not realized when they happen, but some people can feel it unexpectedly. After Chen Ke temporarily entrusted the judicial work of the base area to the three giants of the Public Security, Procuratorate, and Court, Dai Enze upheld the basic principle of "listening to the Party." Xu Dian's mind was full of the fact that he would become the formulator of the first law in the base area, and he couldn't care about anything else at all. Only Lin Shenhe had an objective stance; he had neither pure loyalty nor a strong sense of mission to establish merits and careers. So Lin Shenhe was quite curious about the political direction of "disintegrating the small peasant economy" proposed by Chen Ke.
As a figure trained in the police force of the International Settlement, Lin Shenhe understood one thing very well: the best solution when you don't understand is to ask someone who knows the trade. And in the base area, it was generally recognized that He Zudao was the person who best understood Chen Ke's ideas. So Lin Shenhe took a gift and went to visit He Zudao.
The gift was simple; Lin Shenhe took a cowhide belt. In these years, cowhide belts were still rare goods. When Lin Shenhe escaped from Shanghai, he brought quite a few, more than a dozen; this was the first time he took one out to communicate feelings. seeing the belt, He Zudao refused the gift, which surprised Lin Shenhe a bit. But Lin Shenhe observed that Chen Ke himself didn't dress differently from other soldiers; for He Zudao to catch Chen Ke's eye, refusing a gift was not too shocking to the world.
There is no need for people to pay attention to meaningless face; Lin Shenhe always thought so. Giving gifts is to satisfy other people's face; if the gift giver himself is also a person who cares about face, that would be too silly. So Lin Shenhe didn't feel ashamed at all; he frankly mentioned the purpose of his visit. What exactly does "destroying the small peasant economy" mean?
"The disadvantage of the small peasant economy is that it rarely participates in trade. After destroying the small peasant economy, the people have to throw themselves into the system of selling labor power; only then can productive forces be developed to the maximum extent." He Zudao gave his own explanation.
"Commissar He, let me think." Lin Shenhe was made both understanding and confused by these words. This sentence proposed a brand-new line of thought; with Lin Shenhe's political concepts, it was impossible to understand it thoroughly. But the business of foreigners gave Lin Shenhe many hints. Could it be that Chen Ke meant to strip the people clean first, and then give them job opportunities?
But in that case, there would be no need for Chen Ke to distribute land to the people, especially to distribute land to women. This would cause a lot of trouble.
Thinking of this, Lin Shenhe continued to ask: "Commissar He, I want to ask, someone said mobilizing the people to struggle against the people; what does this mean?"
"That was a joke." He Zudao laughed, "The original intention is to say that to solve some problems of the people, we cannot blindly rely on the higher-ups to forcibly promote some policies; we need to let the people choose their stance themselves. A policy is destined to support the interests of some people and damage the interests of some people. If you enforce it forcibly, it will make the common people feel that the People's Party acts excessively. Therefore, we must find the key to the contradiction to be solved, and guide those common people oppressed by the old system to fight for their own interests. And at this time, this part of the common people must unconditionally support the People's Party that formulated this policy. We can get the support of the people on this matter."
As soon as these words were said, Lin Shenhe suddenly realized. No wonder Chen Ke wanted to give women equal rights to distribute land and also formulate the Marriage Law. In these years, only the People's Party publicly claimed to protect women's interests. Once women were treated unfairly, someone would definitely swallow their anger. But those women who were unwilling to swallow their anger could only find the People's Party as a backer. Contradictions based on economic interests have always been the deepest; they will absolutely not terminate until one side completely submits. Through land distribution and the "Marriage Law," the People's Party will truly strike and disintegrate the clan. Chen Ke's determination seems to be unusually great.
"But if the common people are very dissatisfied with us because of this, what should we do?" Although knowing the principle that the situation is stronger than people, Lin Shenhe felt it was better to be careful. In case Chen Ke wanted to learn from Cao Cao "borrowing a head" [to appease the army], then he might very likely become a victim.
He Zudao was not clear about Lin Shenhe's profound self-protection mentality. He laughed: "This kind of dissatisfaction is bound to happen. But this kind of thing can just be used as the beginning of changing customs and habits. Women must be liberated. This land is distributed under our auspices; this matter must be explained clearly from the beginning. If someone wants to take their daughter's land for themselves, our People's Party absolutely does not support it. Moreover, to what extent must a man be useless to covet his own daughter's land?"
Seeing He Zudao speak so firmly, Lin Shenhe also felt embarrassed to pour cold water. He could only laugh secretly in his heart at He Zudao's childishness; actually, the people who want to deprive daughters of land are not necessarily fathers.
Some things stop at a hint; Lin Shenhe couldn't really ask He Zudao to give him advice either. When the conversation reached here, he got up to leave. Walking slowly, Lin Shenhe's brain began to operate on what he should do. Xu Dian would definitely not let go of the work of writing laws, and Lin Shenhe absolutely couldn't do such a job. Political work was also not within his authority. It seemed he had no place to display his abilities in this matter?
Thinking of this, Lin Shenhe did not feel relaxed. There are some things, if you wait for others to tell you before doing them, then you can never get the appreciation of the higher-ups. Today's conversation with He Zudao, in Lin Shenhe's view, He Zudao could become "the comrade who understands Chen Ke best" because He Zudao could thoroughly understand the core concepts of Chen Ke's policies. What exactly Chen Ke wanted to achieve through this policy.
Now Lin Shenhe seemed to have nothing to do, and in fact, there was really nothing for him to do now. What he had to achieve now was not to fight for anything, but to learn well from the other two old comrades. On the one hand, investigate and research the thoughts of comrades within the police system, and on the other hand, wait for his own opportunity.
The draft of the "Marriage Law" that Xu Dian stayed up for two nights to write was changed beyond recognition by Chen Ke, and then sent back to Xu Dian, requiring him to revise it again. Chen Ke's original words were simple: "The foundation of the 'Marriage Law' is first of all equality between men and women. Since it is equality, you should neither favor the interests of men nor favor the interests of women. Nor emphasize the dominant role of the government in marriage affairs. Legal theory, legal intent, legal degree. The legal theory among these three, that is, the theoretical basis of legislation, does not need to be stated directly. Interpreting the law is the work of the People's Congress. Not the work of your judicial department."
regarding this, Xu Dian's face was very ugly. This law major university student basically treated this law as a golden rule created and guided by himself in his heart. Being explained by Chen Ke like this, and carefully reading Chen Ke's revision instructions, Xu Dian truly understood one thing: what exactly Chen Ke meant by "stressing politics" before.
In the revised manuscript, there were perfections that should have made the law believer Xu Dian feel excited. The legal basis of marriage, the responsibilities and obligations of marriage, the method of terminating marriage. Special regulations for special marriages, such as military marriages. Chen Ke had not received professional legal training and could not write those impeccable clauses, but as a revolutionary, Chen Ke described the matter of marriage from beginning to end. And it was in a way with politics as the key link.
This marriage law emphasized nothing more than two things: equality between men and women, and the state protecting legal marriage. Although such a law was not unreasonable, Xu Dian felt something was wrong no matter what. In his view, the law should serve the ruling class. Not a means used to provoke political struggle. If so, where is the dignity of the law?
The second revision could be said to be quite successful; Chen Ke's guidance was not unreasonable. Even if Xu Dian had opinions, he couldn't deny this fact. After Chen Ke expressed approval and said this legal manuscript would be discussed at the party meeting that night, Xu Dian expressed his attitude somewhat hesitantly: "Chairman Chen, I hope the base area can carry out political movements first, and then formulate relevant laws."
"Why?" Chen Ke didn't quite understand Xu Dian's idea.
Xu Dian answered Chen Ke's question firmly: "Law is a criterion, not a tool for struggle. If we treat the implementation of law as political work to grasp, this law becomes a political document. This is completely not the original meaning of law."
"Comrade Xu Dian, law serves the ruling class. Law is originally a part of politics; your kind of law that transcends politics simply won't work. Politics determines the system, and the system needs laws to define standards. In the final analysis, laws serve politics."
"Then what if politics wants to interfere with the law?" Xu Dian still didn't think it through.
"Give an example." Chen Ke didn't quite understand what exactly Xu Dian insisted on.
"If someone commits a crime, then who judges this person?" Xu Dian asked.
"The court."
"If the Party demands to let this person go?" Xu Dian continued to press.
Looking at Xu Dian's expectant expression, Chen Ke was suddenly somewhat moved. If a person has their own firm belief and spares no effort to promote the practice of this belief, many times it gives people a kind of moving feeling. Chen Ke felt as if he had returned to the days of flaming on forums in the past, when everyone called Buddhist CEO Shi Yongxin a "Buddha Thief," while calling ascetic monks who stuck to Buddhist traditions "cultists."
Politics must lead everything and manipulate everything. This is Chen Ke's philosophy. But he couldn't say the words that law must yield to politics no matter what. If someone violated non-political laws such as "Criminal Law," "Civil Law," "Marriage Law," no matter who it was, Chen Ke could guarantee that the Party would absolutely not let such a person go. However, Chen Ke absolutely could not say that law transcended political control and became an independent pole.
A simple young man like Xu Dian couldn't understand now, or rather Xu Dian firmly believed that law was an absolute existence. And must be an absolute existence. Leaving aside whether Xu Dian would become the kind of person who relied on justice to influence politics in the future. But Chen Ke would absolutely not allow any system to override politics. Politics itself should be absolute; it is the root of all social systems. Law might be compromised, but politics absolutely not.
Thinking over and over again, Chen Ke finally spoke. "Comrade Xu Dian, I want to ask you, are you first a People's Party member, or first a legal worker?"
"This..." Xu Dian couldn't answer for a moment. Or rather, he himself couldn't understand what Chen Ke wanted to say.
"The program of the people's revolution is that there must be laws to abide by, laws must be observed, enforcement must be strict, and violations must be investigated. But, this is the legal concept of the people's revolution. Not that the law requires the people's revolution to do so."
Xu Dian was almost enraged by Chen Ke's words. Despite facing Chen Ke, who was almost a supreme existence in the base area, Xu Dian still couldn't be persuaded by this idea. "Chairman Chen, this is wrong. Law is a criterion, a moral program, a moral bottom line. Law cannot succumb to other influences."
"Then Comrade Xu Dian, I must also tell you a fact. Before law appeared, politics already existed. It was politics that needed law, so law was created. It was not law that created politics. Your wrong understanding is just like an egg taking it for granted that it is qualified to gossip about the hen that laid the egg. This idea of yours is wrong; you must correct it."
No one heard what else Xu Dian said. The result everyone knew was this: "Comrade Xu Dian is temporarily suspended from judicial work."