THE SECOND STEP
We need to establish the Scientific Outlook Rule of Law and Principle.
Xuan Yuan’s thought,
“From the Dao comes the law. The law is the STANDARD by which to judge whatever is achieved and not achieved to see if it is in the right or in the wrong...When the law is in force,order will be established and nothing against it cannot be curbed.”[11]
“The Yellow Emperor goes to meet Chi You in person on the battleground and caught him. People flay his skin and make it into targets for arrow shooting training. Prizes are rewarded to high scores winners. They cut his hair,attach it to a flagstaff and call the mock flag ‘Chi You flag.’ They stuff his stomach with hair to make it into a football and those who can kick it into a target pit for more times are rewarded. They chop up his flesh and bones,mix the mince with marrow and invite people from all directions to suck it…Then he formed a confederation with all tribes and declared to the world in their covenant:‘Whoever breaks faith and goes against the call of the times for law and order would be punished in the same way as Chi You was;whoever breaks his word and betrays our ancestors’ will for unity and peace would end in self-destruction.”[12]
“From the Heaven I have received the mandate…On the Earth I have gained a footing,and from the people I have won endorsement ...Revering the Heaven,cherishing the Earth,and holding the people dear,I help the disorientated find the right direction for their life... I help the well orientated carry on their lifelong mission,and I make them prosper.”[13]
Western and Chinese scholars alike have long made the argument that the concept of rule of law and principle does not exist in the Chinese tradition,nor does China have any concept of individual freedoms and the pursuit of personal happiness.
These are fallacies. I believe that since the reign of Xuan Yuan up to the present day,both the concept of rule of law and of the principle of “Giving first Taking later” as well as the concept of individual freedoms and the pursuit of personal happiness have been present in Chinese society. The first quotation above clearly states the Chinese concept of rule of law and principle that both law and virtues derived from the Dao. This is Xuan Yuan’s jurisprudence,because the operating system of the Heaven and our society is the same and one.“Fa”(law) and “De”(virtue or principle) derived from Dao (the way of Heaven) and both “Fa” and “De” contains Dao’s essence. In the Canon,Xuan Yuan said that,“The enlightened take it as the Dao,which is profound and subtle,and follow it in whatever they do.”[14]Because Xuan Yuan believes that everyone must abide by the Dao,thus everyone including the ruler must abide by Scientific Outlook on Chinese Rule of Law and Principle. Xuan Yuan made it clear that the framework of rule of law can create and distribute the boundary of what each person can and cannot do and this establishes law and order. He says:“When the law is in force,order will be established and nothing against it cannot be curbed.”[15]
The second quotation states that no one is above the law and everyone is equal under the rule of law and principle. Xuan Yuan forged the covenant sealed with Chi You’s blood with all the tribes’ leaders and members and declared to the world simply,clearly,specifically and transparently that no person is above the law and principle. The covenant further authorized that any person could catch and punish the violator of this solemn oath before their ancestors. Xuan Yuan led other tribe chiefs to proclaim and issue the Mandate of Heaven decree over the dead Chi You’s skinless and chopped body to the world and made known to all the First Founding Principle of Chinese Culture-State,the world famous Mandate of Heaven:
Whoever breaks faith and goes against the call of the times for law and order would be punished in the same way as Chi You was;whoever breaks his word and betrays our ancestors’ will for unity and peace would end in self-destruction.[16]
Two thousand years later on record,the Rujia scholar Mengzi in around (372 B.C-289 B.C) famously told a king that a king who stole and robbed people’s safety and wellbeing was not a king but a bandit,a criminal against humanity. Therefore if this king was killed by the people,the people killed not their king but a cruel bandit.[17]In the contemporary Chinese legal history,the Xuan Yuan’s Mandate of Heaven is valid and still in operation that everyone has the mandate to remove or/and kill a bandit. For example,there was the famous dialogue among Chairman Mao with President Nixon and Premier Zhou during American President Nixon landmark visit to China in 1972. It is a common practice to call one’s enemy a bandit,and thus put his regime’s legal legitimacy into question. Furthermore,this bandit is deserved to be killed. Chairman Mao called Generalissimo Chiang Kai-shek a bandit and Generalissimo Chiang also called Chairman Mao a bandit.
“Mao:Our common old friend,Generalissimo Chiang Kai-shek,doesn’t approve this. He calls us Communist bandits. He recently issued a speech. Have you seen it?
Nixon:Chiang Kai-shek calls the Chairman a bandit. What does the Chairman call Chiang Kai-shek?
Zhou:Generally speaking we call them Chiang Kai-shek’s clique. In Newspapers sometimes we call him a bandit;we are also called bandits in turn. Anyway,we abuse each other.”[18]
Earlier record of the invocation of Xuan Yuan’s Mandate of Heaven was by the Duke of Zhou (1100 B.C-?). He said King Zhou,the last king of Shang Dynasty had abused his power and had tortured and enslaved his people that was why he lost his Mandate of Heaven like Chi You did before losing his Mandate to rule and was killed by the people under the leadership of our Remarkable Ancestor. The concept of the Mandate of Heaven had been established long before Duke of Zhou invoked this principle to justify the house of Zhou to take over Shang. Duke of Zhou noted and acknowledged that the compassionate founder King Tang of Shang overthrew the last bandit ruler Jie of Xia (2170 B.C-1556 B.C),the previous dynasty before Shang. Similarly,he further noted that the Founder of Xia was a virtue person who appointed competent officers who worked for the benefit of the people.[19]Ironically he noted that King Jie of Xia was not a virtue person. Because of that King Tang the founder of Shang,who was the ancestor of the last bandit King Zhou of Shang,had overthrown the bandit King Jie,the last ruler of the Xia Dynasty,because bandit King Jie abused and terrorized his people so that even Jie’s own general refused to obey his orders,because the bandit King Jie had lost his Mandate to rule Xia. King Tang of Shang,who was kind and generous king,had the Mandate to rule Xia. As Duke of Zhou in establishment of Zhou dynasty[20]said:“The way of Jie.... he employed were cruel men;and he left no successor.”[21]After Shang took over Xia,he lowered taxes and distributed gold coins to poor families to save them from selling their own children during severe droughts.[22]King Tang knew that his culture-state Shang existed to benefit his people. On historical note,following the lead of the kind and generous King Tang of Shang in the ancient time,about 4 thousand years later,Hu-Wen government in 4702 X.Y (2005) abolished yes abolished completely taxes on farmers’ incomes. This is truly great historical moment in Chinese 5 thousand years history since our Remarkable Xuan Yuan founded the illustrious people-first culture-state China.[23]
In conclusion,our Remarkable Xuan Yuan’s Mandate of Heaven covenant is truly the first Chinese Culture-State Prime Directive of Scientific Outlook Rule of Law and Principle that says no king and his ministers are above the law and king and his ministers are subject to the people’s justice when they abused their people’s given power. And the people give their power to rulers to govern the affairs of culture-state to benefit the people,if rulers failed to do so,they must go immediately or they will be removed from their offices without any delay.
The third quotation states leaders and the government of the people must revere the Heaven and receive mandate from the Heaven,cherish the Earth and must win the endorsement of the people by helping and guiding each individual to achieve his or her happiness in life and must make each one prosper. In other words,about 5 thousand years before the famous President Lincoln Gettysburg Address in 1863,our Remarkable Ancestor had already spoken that the people’s government was established of,for and by the people to benefit the people. As quoted above President Xi has committed his government to benefit the people. He said:“To meet their desire for a happy life is OUR MISSION.” This is Xuan Yuan’s mission to realize DaTong or Chinese socialism of harmonious society. The state is actively involved in helping each citizen equally without exception following the principle from each to each according to his/her dreams and aspirations. Each is educated as education is free for all,each is healthy for each shall have free universal health care insurance and each is wealthy for each shall possess a free family house without mortgage and free capital to set up his or her own business to create and distribute objects of desire more fairly to all. This is all for one and one for all;all in one and one in all.
I believe everything is information.[24]Language processes information and its grammar is the rule on how to process words and structure a sentence and a paragraph. Similarly,culture/civilization processes information and its rule of law and principle is the rule that governs the relationship among peoples and between people and their environments. The rule of law and principle also processes information. Simply put,the grammar[25]of any language and the rule of law and principle of any culture and civilization are alike. Like a language,a culture and civilization is acting,communicating,writing,copying and erasing its “meme” according to its rule of law and principle as its “grammar”. Like any language,this “grammar” as the rule of law and principle must be embedded and intertwined inherently in any society in its substrate and substructure. Like any language,the native speaker speaks fluently with the correct grammar without being aware that this grammar that he or she is using even exists. In other words,the grammar of any language is like the rule of law and principle of any civilization. Any native person of any civilization is like a native fish swimming in its birthplace river and this fish is happily swimming as our fantastic Zhuangzi observed and this happy fish may not even aware that it is swimming in the water,nor does it care. It does not know whether or not the water that it is swimming in exists. Similarly,a native person born in the state of nature in his/her environment,he/she cannot help himself/herself acting and interacting seamlessly according its own native home grown rule of law and principle. Any native Chinese person does not need to be aware of his/her own rule of law and principle to follow and conduct his/her affairs naturally in his/her community. Any rule of law and principle is a high level object oriented programming language that processes information in chunks and in parallel. We cannot have a culture and civilization without its natural grammar of rule of law and principle in its natural habitat. Not only its grammar is its rule of law and principle but also its “scaffolding” that enables this culture and civilization to operate its operating system. Simply put,the rule of law and principle is the core kernel of the operating system of any culture. Without our own operating system,we cannot process information. The operating system contains its “source code” that we need to translate one form of information to another form of information. We simply cannot have a culture without its operating system with its source code to decode information. We cannot import or export a culture without importing or exporting its operating system. Naturally,Chinese culture and civilization must have its own operating system with its own “source code”. Naturally and logically,Chinese operating system is Chinese rule of law and principle.
My work proves beyond a reasonable doubt to those who open their minds and hearts that China,five thousand years before any other culture and civilization,not only had her own concept of rule of law and principle,but also that this rule of law concept and the principle of “Giving first Taking later” as well as the concept of individual freedoms and one’s freedom to pursue one’s own happiness coming from Xuan Yuan himself,the father of Chinese culture and civilization and the ancestor to Chinese people. In contrast,Thomas Jefferson,one of the American founding fathers and the author of the American Declaration of Independence,proclaimed almost 5000 years later that man has inalienable rights to life,liberty and the pursuit of personal happiness which is based on the Natural Law concept that these mentioned rights came directly from God to man as the foundation of rights based system of Liberal Democracy. However,under Jefferson’s formulation,it is up to you;no one else has any duty to help you to secure these rights. Moreover,in-step,following the Harm Principle of negative liberty concept,you are free to do what you please as long as no one else will be harmed by your action while protecting and pursuing your own rights granted by God. In general,this rights based system had done a good job in giving the common people their rights at the expense of the privilege class of the feudal lords and their families. The weakness of this system of rights is that at certain time more and more people are taking advantage of their rights that they are entitled to from God but at the same time they refused to give these same rights to others. More and more people are seemingly enjoying their rights without performing their duties. Positive laws alone as Kongfuzi famously noted 2500 years ago following Xuan Yuan thought of the unity of rights and duties would not be able to fill in the gaps created by positive laws. People will take advantage of these gaps. People would have no shame and circumvent and even evade blatantly the laws in the book in a massive scale with impunity. Consequently,the system would eventually break down. We are now witnessing America and many Western Countries with rights-based system are experiencing the biggest economic crisis so far and shall have unprecedented political crisis in this century. People are claiming their rights but avoiding their duties. The rights-based system has run its course to the maximum;and it is no longer be the viable system it once was. People will have to face the challenge to abandon rights-based system and they must make the tough decision to adapt the unity of rights-duties-based system instead.
In contrast,the Mandate of Heaven covenant signed by blood,5 thousand years ago Xuan Yuan,the founding Father and Hero of Chinese culture and civilization,proclaimed that,based on the Dao of the unity of right and duty,not only do you possess the right to achieve your dreams and aspirations,but you also have the duty to help everyone to realize his/her dreams and aspirations within the framework ofthe Xuan Yuan anti-entropic operating system of “Giving first Taking later”,which,as mentioned earlier is embedded in the Scientific Outlook on Chinese Rule of Law and Principle and the anti-entropic Free-Lunch economic system based on the Scientific Outlook on Development that places “people first”,and it is comprehensive,balanced and sustainable quality development that improves the quality of life for each citizen.
Diagram 1 shows Tianming Ren pointing his Rúyì Jīngū Bàng to the heaven. A Tianming Ren embodies heaven and earth in his head and is endowed with the essence of the 5 Mandates (Tianming) in his body and spirit. He has mastered the art of cultivating his illustrious self as a man of humanity,ren,and righteousness,yi. With the spirit of Beijing Olympics “One world one dream” written on his chest,he stands and walks on his two legs:Humanity on the right and Righteousness on the left,and holds Right on his left hand and Duty on his right hand. His hands uphold Humanity and Justice or righteousness at the same time,embracing,merging and immersing the six freedoms in his mind and body. By deploying the 9 anti-entropic quantum steps and the 5 Laws of the Doctrine of Creation and Distribution,he upholds humanity and justice,and creates and distributes objects of desire more fairly to all,ruling the universe as Xuan Yuan of his world.
The 9 anti-entropic quantum steps:
In the beginning and in the end is Love. Because we desire and determine in our sincere will to choose Love over Hate,the Principle Love is in the beginning and the end. Love is expressed in humanity and righteousness. If,for whatever reason,we choose its anti-thesis,Hate,with a representation of bit (1,0) and Love of bit (0,1),the choice of Hate would destroy the fabric structure of Love,and could cause humanity and righteousness to disappear. As a result,Hate would appear along with its companions:war,destruction,starvation,oppression and misery. This reality must also exist,and it would become reality if we measure it by making our choice of yes-no binary questions;hence we also create and distribute things of disaster and misery to others. If we choose Hate,misery and destruction is what we will get. If we choose Hate at any time and any place,we choose death and hell everywhere on earth;on the contrary,if we choose Love at any time and place,we choose life and Heaven everywhere on Earth. In short,if we choose Love over Hate,we choose Heaven over Hell on earth. The choice is very clear and simple. Therefore,it is necessary we choose Love,as The Principle,enabling us to create and distribute objects of desire like prosperity,peace,joy and happiness to most people.The Xuan Yuan Operating System can be stated as the Doctrine of Creation and Distribution in 9 simple steps of operations:
1.Where Love is The Principle. Love can be denoted as binary digits (0,1) in the state of quantum superposition. The Principle can be represented in Qbit (0,1,01);
2.Where the underlying and single thread running throughout his thought is “loving people” principle in which it is unceasingly pregnant with and unceasingly giving birth to or splitting into the Xuan Yuan anti-entropic operating system of “giving first” or “1” and “taking later” or “0” as the foundation for creation and distribution of everything such as life,Multiverse and God(s);the giving first can be encoded as 1 and the taking later as 0. The combination of a set of a set of (0,1) forms the reality embedded in us,and we in turn observe this reality as our perceived world like a protruding eye-ball of a goldfish on the cosmic horizon,watching the universe while it is unfolding;
3.Where “Giving first Taking later” principle manifests itself into the 5 Anti-Entropic Mandates of humanity,righteousness,the Yang Zhu’s Do Re Mi Fa Sol La,right and duty as one,a regulated but free and open market system;
4.Where in turn breathing fire into Tianming Ren’s soul of desires that in turn drives his endowed 5 Mandates coming alive as his principle operating system;
5.Where shaping and infusing the 5 Anti-Entropic Mandates into the will and making that will sincere. After the will is made sincere,he/she follows Deng’s dictum,freeing his/her mind from all misconceptions and seeking truth from facts. He/she can refine and reshape his/her Sincerity of the Will as taught by the Great Learning by infusing the 5 Mandates in his heart,mind and spirit to investigate things in order to extend his knowledge that in turn provides him with a value system,enabling him to answer to any question of a yes or a no in the universe,and behaving as a switch router that produces and reproduces streaming Yes and No answers to the posed programming questions. These processes supply random variation and mutation inputs into the system that later,through Darwinian natural selection in a regulated but free and open market system to select the right yes and no answers,reduce and re-reduce the selection that allows the best solutions to remain in the mix;
6.Where powering up sincerity of the will mobilizes all resources on hand to operate the selected “Yes or No” answers. The operator of the two handles,Tianming Ren,answers the posed questions in a “yes” or a “no” directly programming universe and ordering the universe to execute the program instantaneously in the now. He observes,chooses one path out of many,hence de-cohered this path into a reality of Feynman’s sum-over-histories embedded in the very fine structure of our universe. He commands the universe to produce and reproduce a reality according to his image literally. This Tianming Ren makes the universe obey his determined wishes and desires;
7.Where those programs operate within the framework of the Anti-Entropic Operating System of the Scientific Outlook Rule of Law and Principle that acts as the amplifier that accepts,magnifies and prioritizes it ahead of other programs queuing to be executed and the filter that rejects,modifies,or delays the requesting program to be executed in the system to optimize the anti-entropic activities that will benefit the whole system or at least are consistent with Mozi’s utilitarian way of calculation that benefits the greatest numbers of citizens;
8.Where,through a dynamic quantum trialectic materialism of the unity of knowing and doing that unceasingly,it spirally propels the interpenetrated and interconnected whole with upward momentum. The process abundantly Creates,Distributes,Recreates and Redistributes objects of desire like wealth-love and power-justice in our world more fairly to all;regardless of its political system such as socialism,communism,capitalism,liberal democracy,and it does not matter if the country is dominated by a single party or multiple political parties that distribute power and justice to the society at large. Furthermore,it does not matter what economic system the country has adapted to as long as it is based on a regulated but free and open market system that creates and distributes wealth-love more fairly to all. In this work,however,I promote my Scientific Outlook Free-lunch Economic system that uses the engine that creates and distributes our universe,life and even God(s) as the engine of this new paradigm shift that entitles every citizen in the system to the rights and duties of free education,free universal health care and free material wealth,so that everyone is rich,more satisfied and more content;
9.While these creations and distributions of objects of desires are the expression of Love in myriad forms with different given names,they are actually “The Principle”,which can be expressed in a set of 0s and 1s or Qbit (0,1,01):Qbit (0,1,01)=>a set of sets of 0s and 1s=>Qbit (1,0,10):
The Principle=>anti-entropic+entropic bits=>The Principle.
These 9 steps are Wang-Mao-Deng’s knowledge and practice as one affair in the state of Now,and are the simple grand formula of the unity of creation and distribution of everything as one affair. The secret and sacred recipe of anti-entropic creation and distribution was unveiled from the Dao/Heaven itself. Laozi in verse 1 stated:“The named is the mother of the ten thousand things.” Therefore,One Principle=>many named principles=>One Principle of one Wang Yangming’s affair of ten thousand named things.
Summary ofthe Xuan Yuan Operating System 2.0:
Xuan Yuan’s principle<=>LOVE<=>Giving first Taking later<=>5 Mandates (Dao)<=>the 9 anti-entropic quantum steps<=>many manifestations (5 Mandates+guofa+de+renqing)<=>Scientific Outlook Rule of Law and Principle<=>Scientific Outlook Free-Lunch Economic System<=>abundant objects of desire for all to enjoy in a harmonious unity of harmonious global society with nature and in nature<=>LOVE.[26]
I would like to highlight the quintessential tenets of Xuan Yuan’s thought:the one single thread running through out his thought is “loving the people” through the anti-entropic operating system of the “scientific outlook” on the rule of law and principle,tian-ming and the Scientific Outlook Free-Lunch Economic System. My thesis running through this work is that the Dao or the Way,the core principle in Xuan Yuan’s thought and practice of loving the people is translated into an operating system of Giving first Taking later. This principle flowered into one hundred schools of thoughts in the Spring-Autumn to Warring States Period from 770 to 221 B.C. I tried to capture the essence of Xuan Yuan’s teaching that then branched out into many schools. I will only highlight Lord Shang’s rule of law theory,Kongfuzi’s Ru-jia,the concept of the Dao,and Yang Zhu’s for-self theory within the framework of Xuan Yuan’s thought and practice. From this framework,I have concluded that China has continuously been a rule of law and principle country for its five thousand years of history,since Xuan Yuan’s reign up through the present day. Of course,having a basis of rule of law and principle does not mean that laws will always be obeyed and violators will always be punished. Social,political and economic factors might lead to compromises or lapses in the adherence to the rule of law and principle. Yet,such lapses do not mean that the governing entities of these countries are not guided by a rule of law and principle. The United States,for example,is commonly regarded as a country with a mature and developed rule of law system but often fails to punish the guilty like Wall Street criminals who escaped from justice,and many times fails to follow her own ideal of the rule of law like Guantánamo prison establishment and regular drones strike in Pakistan,Afghanistan,Yemen and other countries that killed many innocent civilians including children and women of all ages without due process of law.
Before I present my blueprint and vision of the anti-entropic operating system of the “scientific outlook” on Chinese rule of law and principle,we must first deal with some definitional issues. The concept of rule of law,fa-zhi,here is simply stated:no one and no organization is above the law and everyone is equal under the law;whereas principle,tian-ming,is the Mandate of Heaven that mandates man as a common sovereign[27]and embodies the principle of anti-entropic forces in giving first and taking later. Tian-ming operates inside the 5 Mandates:humanity,jen,and righteousness,yi,Yang Zhu’s six freedoms,a free and open market system regulated by tian-li/guofa,and the concept that rights and duties are born and die together. Tian-ming by its natural process of entropy that disperses (hate) things and anti-entropy that gathers love things through a regulated by tian-li/guofa but free and open market system is unceasingly creating and re-creating,and also simultaneously through a regulated by tian-li/guofa but free and open market system distributing and redistributing humanity,righteousness and the six freedoms of “do re mi fa sol la” throughout the universe. Tian-ming or the Mandate of Heaven endowed man with humanity,righteousness and the six freedoms “do re mi fa sol la”,and a regulated by state law and principle derived from tian-li but free and open market system to create and distribute spiritual and material objects of desire. The Five Mandates are the Heaven prime directives. The system can be formulated simply as the anti-entropic force of “Giving first Taking later”. This is the universal principle that manifests the one and only principle of a cosmic love in giving first and taking later. This giving first and taking later principle contains the essence of the Heaven’s prime directives that are embedded in humanity,righteousness,the six freedoms,the unity of rights-duties,and a regulated but free and open global market system.
Thus,the anti-entropic operating system of scientific outlook on Chinese rule of law and principle embodies the 5 Mandates,which are more concretely expressed in the four components below:
1.Lord Shang’s scientific outlook on Chinese rule of law that no one and no organization is above the law and everyone is equal before the law;the law,fa,comes from the Dao as commanded by the authority,shi,of the Collective Sovereign (in present day,this collective sovereign is the National People’s Congress). It is Chinese legal positivism,applying a utilitarian principle of the “two handles” of rewards and punishments,likes and dislikes. All laws and mandates must be scientifically legislated to enrich,strengthen,empower,and to crown the people as the common sovereigns. However,this rule of law needs its inseparable Siamese twin,Kongfuzi’s reciprocal justice and his golden rule,to form a wholesome organic body. Without it,it is not a rule of law but a rule of the brute.
2.Kongfuzi’s reciprocal justice or righteousness as derived from the Dao:to “repay hatred with uprightness and repay virtue with virtue”[28]and his rules of humanity:“do not do to others what you do not want them to do to you”[29]and “do establish others first what you want to establish for yourself”[30]as well as the principle to give first before one is allowed to take later;to plant a tree first before one can reap the fruits of one’s labor. The principles of humanity and righteousness from the 5 Mandates,give the scientific outlook of rule of law and principle its humane heart.
3.Laozi-Zhuangzi’s naturalist “wuwei” of the Dao as a spiritual foundation for living in harmonious human relationships effortlessly,and in being one with nature effortlessly like a fish swimming in the deep ocean. This wuwei of the Dao is nothing more than a different aspect of Kongfuzi’s golden rule to navigate human relationships,and as Zhuangzi described the concept of wuwei in the Happy Excursion:“chariots on the normality of the universe,tides on the transformation of the six elements,and thus makes excursion into the infinite...”[31]The wuwei of the Dao,which emphasizes and values individual spiritualism,balances out the collective ideologies of Fa-jia,and Ru-jia.
4.Yang Zhu’s material-spiritual “for-self” or “weiwo” in cultivating his “six senses,” comprised of hearing,seeing,smelling,talking,enjoying one’s self,and thinking that gives life its meaning of existence,and also comprises one of the 5 Mandates. These senses of the Chinese rule of law and principle give it sentient-being characteristics. Therefore,“for-self” and “for-others” are complementary,not contradictory. With the reciprocity principle of giving first and taking later,there is no contradiction. This is Kongfuzi’s golden rule:in order to “for-self” to help oneself,one must help others first. This way,“for-self” is earned and vested in the universe;one has a claim for a right for one self in this world. When no duty is performed,no right is earned and vested. Rights and duties are born and die interactively and dynamically together in the universe mandated by the law of nature as discovered by Newton in his Third Law of action equal reaction. Thus,rights and duties emerge together in nature as one is performing one’s duties. This is a manifestation of another of the 5 Mandates,the concept that rights and duties are born and die together;the emergence of one guarantees the simultaneous emergence of the other,they are inseparably linked and bound. For practical reasons in a positive law country,one must performs one’s duties in order to earn one’s right,which is vested simultaneously without any gap in between rights and duties. Similarly,“for self” and “for others” are born together. “For self” cannot exist alone without “for others.” They are created and distributed together. Eric Fromm also agrees with this idea and uses Biblical examples to make his point. He points out that the concept advocated in the Bible of “love thy neighbor as thyself” contains an idea that loving one’s neighbor is not contradictory to loving one self. It implies one has to respect and value one’s own uniqueness in order to do the same for others. The concepts of “for-self” and “for-others” are inseparably linked. The premise follows that we must not only be “for-others” but also value “for-self” in defining our objects of desires and our attitudes;they are not contradictory but conjunctive. The capacity to care for one self is also the capacity to care for others.[32]Without “for-self” as one of the main principles,one shall be enslaved by the state. The state is an abstract entity that must be by,of and for the people. In other words,when “for-self” is missing in the system,the government or the officials who control the “two handles” of the rewards and punishments apparatus of the state would usurp the people’s power and would instead enslave the people for their own benefits. This “for-self” philosophy of individual materialism balances out the collective ideology of Fa-jia and Ru-jia.
TheXuan Yuan Operating System 2.0 is the Anti-Entropic Operating System of “Scientific Outlook” Rule of Law and Principle as the Grand Strategy that empowers each individual,TianmingRen,as the common sovereign to use optimally his or her creativity to unleash the productivity of 1.3+billion people,producing an unimaginable height of prosperity and happiness in harmonious unity. This Grand Strategy achieves this through advocating a free and open market system regulated by guofa and principle,the one of the 5 Mandates,based on anti-entropic forces of Giving first and Taking later in an equal relative value principle. This system serves as a powerful engine for a more fair creation and distribution of spiritual and material objects of desire that simultaneously respects the following six relationships,which are our Erosverses as our TianmingRens nature:1.between body-soul self as the coreself;2.between the coreself and family;3.between the core-self and friends;4.between the cole-self and community/country;5.between the cole-self and mankind and 6.between the core-self and nature.
Fast forward to 4710 X.Y(2013),on July 1,4708 X.Y (2011),President Hu Jintao made an important speech on commemorating the 90th Anniversary of the Founding of the Communist Party of China (CPC) and said:
We have established a socialist system of laws with Chinese characteristics. Under this system,the Party willingly operates within the limit set by the Constitution and laws and supports the people’s congress,the government,the Chinese People’s Political Consultative Conference,and the judicial organs which have independent responsibilities in accordance with the law and their respective charters in working in concert and harmony. We have set up a sound system of checks and supervision over the exercise of power to ensure that Party and state organs exercise their powers in accordance with statutory jurisdiction and procedures.
Then President Hu continued:
What is important is that the leadership of the Party,the position of the people as masters of the country,and the rule of law should be well integrated .... We must see to it that all state powers belong to the people,improve institutions for exercising democracy,diversify its forms,expand its channels,and ensure that the people can participate in democratic elections,decision making,administration and oversight in accordance with the law. We will fully implement law-based governance as a fundamental policy,raise public awareness of the rule of law under socialism throughout society,improve law making,ensure strict law enforcement,impartial administration of justice,and observance of law by everyone and that everything we do is governed by law.
The above speech by President Hu Jintao as the General Secretary of the CPC is a powerful endorsement of Xuan Yuan’s concept of rule of law and principle. Xuan Yuan as one of the founder of the concept of the Dao as the law of Heaven believes that nothing is above the Dao,hence no individual,nor king,nor organization,nor government is above or equal to the Dao. As quoted above,Xuan Yuan mandated in Canon 1 that laws and virtues come from the Dao and these laws and virtues are “the STANDARD by which to judge whatever is achieved and not achieved to see if it is in the right or in the wrong...”
Because nothing can be above or even equal to the Dao and because laws and virtues come from this Dao as commanded by our August Ancestor;therefore,NO individual including king and all artificial legal fictions like political parties,organizations and corporations can be above or even equal to the law,but everyone and everything must abide by the Law. And because the Dao is supreme and treats everything equally,thus everyone is equal before the law as stated in the Article 5 and Article 33 of the Chinese Constitution. Furthermore in the Chinese ancient history,Lord Shang Yang following Xuan Yuan led on Scientific Outlook on Chinese Rule of Law and Principle also mandated that no one is above or equal to the promulgated laws and all laws must be clear and us plain language that can be easily understood by everyone and importantly these laws are publicly published and everyone must be informed and everyone can PREDICT and rely on those laws in conducting his or her private affairs. Modern scholar like F.A. Hayek echoed the same idea that the Scientific Outlook on Rule of Law and Principle “means that government in all its actions is bound by rules fixed and announced beforehand-rules which make it possible to foresee with fair certainty how the authority will use its coercive powers in given circumstances and to plan one’s individual affairs on the basis of this knowledge.” This rule of law concept was endorsed strongly by a well-known rule of law scholar Joseph Raz.[33]
Recently,even more vigorously and succinctly,President Xi Jinping elaborated the Scientific Outlook Chinese Rule of Law and Principle to all Chinese officials,citizens and mankind. In his famous plain spoken style,he declared repeatedly,genuinely and vigorously so that no misunderstanding of his words can be misinterpreted and he said on Feb.23,4710 X.Y (2013):“The people should be able to enjoy justice and fairness in every legal case.” To achieve this goal,he said CPC will voluntarily put its power in a cage of law. He said:“restrict power of CPC by the cage of regulations”. The Yellow Emperor’s Four Canons 1 that law must be the STANDARD of measurement of right and wrong and nothing that it can not be curbed:
From the Dao comes the law. The law is the STANDARD by which to judge whatever is achieved and not achieved to see if it is in the right or in the wrong...When the law is in force,order will be established and nothing against it cannot be curbed.[34]
Following the Yellow Emperor’s Canon 1 Jingfa,President Xi similarly degreed that:
Any organization or individual must obey the constitution and the law in all of their activities. Any citizen,social organization,state leaders and CPC must take the constitution and the law as the STANDARD behavior,and they must act in accordance to Chinese constitution and laws in exercising their right,duties or/and responsibilities.[35]
To give platinum teeth to the CPC’s degree to be implemented strictly as reported in English People’s Daily online,he made it known to all:“Leading cadres at various levels should take the lead in acting by law,and whether they can do it should be an important criterion that organizational departments at all levels use in evaluation.”[36]
Following President Xi and to emphasize the leadership collective determination,Zhang Dejiang,the new Chairman of NPC,quoted the late leader Deng Xiaoping to highlight on the Scientific Outlook Rule of Law and Principle and said at the NPC final session:
Democracy should be safeguarded by the rule of law. And democracy should be institutionalized and legalized. We need to make sure that the system and law will not change due to a leadership switch,nor due to variations of personal opinions and focus of leadership.[37]
Brief outline below shows how the Five Mandates are applied in Xuan Yuan Operating System 2.0 to further His mission “from each to each according to his/her dreams and aspirations”.
1.All powerful anti-entropic citizens are TianmingRens,the rulers of their own web of inter-relationships universe that encompass from their core-selves to selves,to families and friends,to community,to mankind and to Multiverse,guided and governed by the 5 Mandates,guofa (Scientific Outlook Chinese Rule of Law and Principle,constitution and laws) and renqing.
2.Following the general practices,according to Article 22 of the CPC Constitution,“The General Secretary of the Central Committee is responsible for convening the meetings of the Political Bureau and its Standing Committee and presides over the work of the Secretariat.” Furthermore,he or she shall be President of China,and Chairman of Chinese Military Commission according to schedules agreed upon.In this work,I propose what I believe as President Hu’s “system of checks and supervision over the exercise of power” in his speech quoted above that all state affairs must be guided and governed by 5 Mandates of Heavens,guofa (the Scientific Outlook on the Rule of Law and Principle,Chinese constitution and laws) and renqing,a local as well as national heart-felt feeling of the people. Furthermore,consistent with existing practice,any leader shall serve no more than two terms of five years each in his/her position,no matter how excellent he/she is. As Lord Shang Yang reminded us,when we had permanent officials we had had no rule of law and principle. Furthermore to prevent feudalism being ever be adopted in China,the family of the President for three generations are forbidden to assume the office of Presidency nor the Party General Secretary,nor the Premier of the State Council of China,nor the Chairmanship of NPC,and nor the Chairmanship of the Military Commission both in the party and in the state level. These law and principle come from the hard lesson we learned from our history that Da Yu’s greatest mistake was to appoint his own son to replace him although this son was widely regarded at that time as truly the best person to rule China. But by appointing his own son to rule China,he became the founder of feudalism in China and established the Xia Kingdom. Before that only the best person had the mandate to rule China as Da Yu was selected by Shun because he was viewed as the best person to rule China. In turn,Shun was also selected by Yao and his ministers,because Shun was the best person to lead the people.
3.National Peoples’ Congress. Article 68-9 of the Constitutional Law states that,the Chairman of the Standing Committee of the National People’s Congress presides over the work of the Standing Committee and convenes its meetings,the Standing Committee of the National People’s Congress is responsible to and reports on its work to the National People’s Congress. The conduct of the affairs is guided and governed by 5 Mandates of Heavens,guofa (Scientific Outlook Chinese Rule of Law and Principle,constitution and laws) and renqing. After his/her two terms of 5 years each,he/she shall completely resign and retire from the government and shall not take another position in the government. Furthermore to prevent feudalism being ever be adopted in China,the family of the Chairman of NPC for three generations are forbidden to assume the office of Presidency,nor the Party General Secretary,nor the Premier of the State Council of China,nor the chairmanship of NPC,and nor the Chairmanship of the Military Commission both in the party and in the state level.
4.According to the Article 92 of the Constitutional Law,State Council led by the Premier is responsible and reports on its work to the National People’s Congress or,when the National People’s Congress is not in session,to its Standing Committee. The State Council is guided and governed by the principles of the 5 Mandates,guofa (Scientific Outlook Chinese Rule of Law and Principle,constitution and laws) and renqing. The Premier shall serve no more than two terms of 5 year each and after the two terms of office completed,he must retire from his office. He can not take any more position in the government. Furthermore to prevent feudalism being ever be adopted in China,the family of the Premier of the State Council for three generations are forbidden to assume the office of Presidency,nor the Party General Secretary,nor the Premier of the State Council of China,nor the chairmanship of NPC,and nor the Chairmanship of the Military Commission both in the party and in the state level.
5.Independent Judicial system (supervised directly by the NPC,supervised indirectly by net citizens,media and ultimately by all the people):Independent court system but under direct supervision of the NPC. According to Article 128 of the Constitutional Law,the Supreme People’s Court is responsible to the National People’s Congress and its Standing Committee;Local people’s courts at different levels are responsible to organs of the National People’s Congress which created them. The 5 Mandates,guofa (Scientific Outlook Chinese Rule of Law and Principle,constitution and laws),renqing are the principles that guide and govern the official affairs of the courts on all levels. The court should have the mandate from the NPC to conduct judicial review of constitution,laws and administrative laws.
6.Enforcement body,Procurator General Office directly supervised by the NPC guided and governed by the 5 Mandates,guofa (Scientific Outlook Chinese Rule of Law and Principle,constitution and laws),renqing. According to Article 133 of the Constitutional Law,the Supreme People’s Procuratorate is responsible to the National People’s Congress and its Standing Committee;Local people’s procuratorates at different levels are responsible to organs of the National People’s Congress which created them and to the people’s procuratorate at the higher level.
7.All for profit and not for profit organizations are also guided and governed by the 5 Mandates,guofa (Scientific Outlook Chinese Rule of Law and Principle,constitution and laws) and renqing.