致全球每个人的信(6):看一位中国前法官花了二十多年时间给北

作者:殊途同归
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致全球每个人的信(6)看一位中国前法官花了二十多年时间给北京写信的故事,以及他最终想告诉全人类什么

This letter is followed by a text translated into English using online resources. Please refer to the Chinese text of this letter while reading it.

——作者:金谷雨

如果有人告诉你:

有一位中国前法官,从1997第一次向北京写信。并于1999开始连年每年屡屡地持续写信。

二十多年间,他通过邮政、网络、信访、举报、研究报告、法律分析和理论解析文章等方式,向中国各级机构乃至中共中央出了万份材料。

他反复追问的,并不是自己的待遇问题,也不是个人恩怨。

他一直在追问一个看似简单的问题:

为什么法律与制度规则条文都明明存在且清楚无异议,却仍然可能失效?

你或许会觉得,这是一个只与中国有关的问题。

但如果你愿意再往前想一步,就会发现:

这其实也是一个与所有国家、所有社会、所有人都有关的问题。

因为当法律失效时,受损的不仅是法律本身。

当制度失效时,受损的不仅是制度本身。

当程序失效时,受损的不仅是程序本身。

最终受损的,是人与人之间的信任,是社会合作的基础,是文明赖以存在的秩序。

而这,正是我二十多年持续写信、思考和研究后,越来越想告诉全人类的一件事。

我的思考并不是从哲学开始的。

恰恰相反。

它开始于一个非常具体的司法案件。

1997年,我接触到一起司法执行案件。

案件本身并不复杂。

复杂的是,它让我第一次意识到:

即使法律条文已经写得十分清楚,现实中的法律运行却并不一定按照法律条文的逻辑展开。

后来,我又亲身经历和接触到一些更加复杂的案件。

特别是在2012年前后,一起涉及地方权力、司法程序和中央政令贯彻的问题,让我进一步意识到:

很多时候,人们以为问题出在法律或制度本身。

但真正的问题,可能出在法律与制度之外。

问题出在制度运行过程中那些看不见、却决定着制度运行能精准维持预定结果的程序。

也正是从那时开始,我逐渐意识到:

我所在各种案件中面对的,也许已经不是一个案件的问题。

甚至不仅仅是中国的问题。

而是一个关于人类文明如何运转的问题。

为什么有些制度相对稳定的期限会虽然较长,却也坎坷跌宕?且现在普遍前景堪忧?

为什么人类各种制度都会不断失灵?

为什么人类科技越来越先进,社会却依然充满冲突?

为什么人类创造了前所未有的财富,却始终无法摆脱战争、恐惧、焦虑和内耗?

为什么每一个人都希望获得幸福,而整个人类却总是在重复制造苦难?

为什么任何人不管为公还是为私,做什么都艰难?

这些问题,看起来彼此无关。

但在长期思考之后,我逐渐怀疑:

它们背后可能存在同一个根源。

二十多年来,我不断向北京写信。

最初,我只是希望有人能够认真审查案件。

后来,我希望有人能够认真讨论支撑制度稳定可持续的基础

再后来,我希望有人能够认真思考文明的本质及其演绎规律

但随着时间推移,我逐渐意识到:

如果人类始终站在物质主义视角,沿用同样的思维方式观察世界,那么即使解决一个案件,也会从这个看似被解决的案件中滋生出现新的案件;即使解决一个问题,甚至会弄出更复杂的新的问题。这些威胁人类社会合作链接可持续的问题,总是剪不断理还乱。推而审视整个人类文明史,即使探索再多的新制度,也兜不住社会稳定的底线,解决不了文明步伐一直踉跄难行的问题,更不可能阻止现在的人类继续茫然不断加速奔向全部被自我毁灭的命运。

于是我的思考开始超出司法和法律的范围。

我开始尝试从更大的尺度去理解:

文明本质是什么?为什么会形成?

文明为什么会失序?

被人类区分的各种文明是否存在某种共同规律?

如果存在,人类是否能够找到一种比现有各类社会合作模式更加稳定、更加可持续的发展道路?文明是宇宙能量运动生发出来的一种现象,那么,文明的稳定可持续是不是能从解析人类社会合作结构及其运转机制中得到答案?

我已经发在网络上的《致全球每个人的信(5人类想永久和平再无苦难就只需努力传递此信息促成一次国际会议后必能实现及其提到的相关文章,正是在这样的背景下写成的。

我知道,里面提出的一些观点会让许多人感到陌生。

甚至可能有人会觉得荒谬。

但是这里追问的,是从法律程序、合作、秩序与文明及其演绎规律和人类做好文明这件事的具体实施抓手之间更深层的关联。

我并不要求任何人接受我的结论。

我也不要求任何人相信我的判断。

我更不要求任何人因为我的经历而同情我。

我唯一希望的是:

请先放下赞成与反对。

像审视一个陌生的问题那样,审视这篇文章。

然后思考几个简单的问题:

为什么一个人会花二十多年时间持续追问同一个问题?

究竟是什么力量让他坚持到今天?

如果这些问题真的毫无意义,他为什么没有放弃?

而如果这些问题有意义,那么它们究竟指向什么?

我始终相信:

对于人类而言,最危险的从来不是错误答案。

而是从来没有认真提出过正确的问题。

因此,我希望《致全球每个人的信(5):人类想永久和平再无苦难就只需努力传递此信息促成一次国际会议后必能实现》能够被更多人看到。

不是因为我是谁。

而是因为我希望全人类能够共同讨论:

在人类文明走到今天这个阶段的时候,我们是否仍然因视而不见导致遗漏了某个最基础、最重要的问题?所以,因基础的不稳定可持续,才导致人类用各种方法盖人类社会合作大厦结构的链接总是断裂而都盖不了多高就倒塌。

如果答案是,那么现在也许正是重新开始思考的时候。因此,希望更多的人重视并理解我关于人类需要召开一次国际会议的呼吁。我的观点是:人类需要从宇宙视角来建立一种新的文明理论框架;如果能召开一次国际会议使人类精英们能够围绕这一问题进行认真讨论,也许有可能找到实现世界持久和平的新路径。这应该就是人类开始走向永久和平的起点。

 

这,就是我写这封信的原因。

最后,再简述我认为我的系列文章提出的程序定质规律在现实与历史中的适用性。我认为,程序定质规律,是任何人想做任何事都能顺畅百灵的“自然法则总开关”,而且这个总开关就一直攥在每一个人的手中,只是因为所有人都站在物质主义立场来看问题,所以才将这个总开关用颠倒了,只有在与“自然法则总开关”规则冲突中被偶然矫正的时候人类才会取得文明成果。所以,对于文章宇宙本体论 程序哲学 法律程序 国家治理 社会合作 AI风险 世界和平等串起来综合讲,是因为人类需要重构全新的文明本质及其演绎规律的认知理论框架。而要让人们在现在的思维模式中真正理解全新的文明认知理论框架,并认识到这里阐释的“自然法则总开关”是任何人只要努力就能掌握与正确运用的,最佳方式是能结合任何具体文明演绎故事来解析其中演绎的具体机制,就会让任何人都很容易理解。

总之文章所述的哲学理论,是能实际应用的抓手。只是鉴于境况,我无法结合实际来具体解析,以清晰展示人类是怎样将自然法则总开关”抓乱导致人类一切乱象丛生的。如果还有机会,能摆脱各种缠绕,有时间在一个能安全地好好说话的平台,我将从我所看到的视角,坦诚地讲出我经历的真实故事。并愿意倾听所有人的故事,与所有愿意好好说话的人讨论任何文明的疑问........, 或许这样我还能为文明未来做点有实效的事。

本信不长,所以通过网络帮助已将中文文本翻译成英文本,同文发表。非常希望有缘阅读的人,能将本信译成各种文字并传递给各媒体传播,或交给各政府政要及各人类精英,以便促成一次国际会议,来讨论文明的本质及其社会合作结构和演绎规律这个课题,开启人类走向世界永久和平之启动程序。

Letter to Every Person on Earth (6)

The Story of a Former Chinese Judge Who Spent More Than Twenty Years Writing to Beijing — and What He Ultimately Wants to Tell Humanity

——Author: Jin Guyu

If someone told you that there was once a Chinese judge who first wrote to Beijing in 1997, and who, beginning in 1999, continued writing year after year, again and again, for more than two decades, you might wonder why.

Over the course of more than two decades, he submitted more than 10,000 letters, petitions, complaints, research papers, legal analyses, and theoretical essays through every available official channel—from postal mail and online submissions to China's petition system—addressed to government bodies at every level, including the Central Committee of the Communist Party of China.

What he kept asking about was not his personal treatment, nor a private grievance.

He was pursuing a question that appears simple:

Why do laws, institutions, and written rules sometimes fail in practice, even when they clearly exist and their meaning seems beyond dispute?

You may think this is a question that concerns China alone.

But if you take one more step in thought, you may see that it is in fact a question concerning every country, every society, and every human being.

When law fails, it is not only law itself that is damaged.

When institutions fail, it is not only institutions themselves that are damaged.

When procedure fails, it is not only procedure itself that is damaged.

What is ultimately harmed is trust between human beings, the foundation of social cooperation, and the order upon which civilization depends.

This is what I have increasingly wanted to tell all humanity after more than twenty years of writing, thinking, and research.

My thinking did not begin with philosophy.

On the contrary, it began with a very specific judicial case.

In 1997, I became involved in a judicial enforcement case.

The case itself was not complicated.

What was complicated was that it made me realize, for the first time, that even when legal provisions are written clearly, the real operation of law does not necessarily follow the logic of the written law.

Later, I personally experienced and encountered more complicated cases.

In particular, around 2012, a case involving local power, judicial procedure, and the implementation of central government policy made me realize something further.

Very often, people assume that the problem lies in law or institutions themselves.

But the real problem may lie outside law and institutions.

It may lie in those invisible procedures within the operation of institutions — procedures that determine whether an institution can accurately maintain its intended outcome.

From that time on, I gradually realized that what I was facing in these cases might no longer be merely a question of one case.

It might not even be merely a question of China.

It might be a question about how human civilization itself operates.

Why can some institutions remain relatively stable for a longer period, yet still go through repeated turbulence, and why do their prospects now seem widely troubling?

Why do all kinds of human institutions repeatedly fail?

Why does human technology become more and more advanced, while society remains full of conflict?

Why has humanity created unprecedented wealth, yet still cannot escape war, fear, anxiety, and internal exhaustion?

Why does every individual hope for happiness, while humanity as a whole continues to reproduce suffering?

Why is it so difficult for anyone to do anything, whether for public purposes or private purposes?

These questions may appear unrelated.

But after long reflection, I gradually came to suspect that they may share the same root.

For more than twenty years, I continued writing to Beijing.

At first, I simply hoped that someone would seriously review the cases.

Later, I hoped that someone would seriously discuss the foundations that allow institutions to remain stable and sustainable.

Still later, I hoped that someone would seriously reflect on the nature of civilization and the laws by which it evolves.

But as time passed, I gradually realized something else.

If human beings continue to stand within a materialist perspective and observe the world through the same mode of thinking, then even if one case is solved, new cases may grow out of the very case that appeared to have been solved. Even if one problem is solved, more complex new problems may be created. These problems threaten the sustainability of the links that hold human social cooperation together; they are tangled and difficult to cut through.

Looking at the entire history of human civilization in this light, even if humanity explores ever more new systems, it still cannot secure the bottom line of social stability. It cannot solve the problem that the steps of civilization have always been stumbling and difficult. Still less can it prevent present-day humanity from continuing blindly and ever more rapidly toward a fate of self-destruction.

Thus my thinking began to move beyond the scope of judiciary and law.

I began to try to understand, from a broader scale:

What is the nature of civilization? Why does civilization form?

Why does civilization fall into disorder?

Do the various civilizations distinguished by human beings share some common law?

If so, can humanity find a path of development that is more stable and more sustainable than the existing forms of social cooperation?

If civilization is a phenomenon generated by the movement of cosmic energy, then can the answer to its stability and sustainability be found by analyzing the structure and operating mechanism of human social cooperation?

My article already published online, “Letter to Every Person on Earth (5): If Humanity Wants Lasting Peace and an End to Suffering, It Need Only Spread This Message and Help Bring About One International Conference,” together with the related writings mentioned in it, was written against this background.

I know that some of the views expressed there will feel unfamiliar to many people.

Some may even find them absurd.

But what is being pursued there is a deeper connection — from law to procedure, cooperation, order, civilization, the laws by which civilization evolves, and the practical means by which humanity can do civilization well.

I do not ask anyone to accept my conclusions.

I do not ask anyone to believe my judgments.

Still less do I ask anyone to sympathize with me because of my personal experience.

My only hope is this:

Please first put aside agreement and disagreement.

Examine this article as you would examine an unfamiliar question.

Then consider several simple questions:

Why would one person spend more than twenty years continuously pursuing the same question?

What force has kept him going until today?

If these questions were truly meaningless, why did he not give up?

And if these questions do have meaning, then what exactly do they point toward?

I have always believed that, for humanity, the greatest danger is not a wrong answer.

It is never having seriously raised the right question.

Therefore, I hope that “Letter to Every Person on Earth (5): If Humanity Wants Lasting Peace and an End to Suffering, It Need Only Spread This Message and Help Bring About One International Conference” can be seen by more people.

Not because of who I am.

But because I hope all humanity can discuss this question together:

At this stage of human civilization, have we perhaps failed to see — and therefore missed — some most basic and most important question?

Is it because the foundation is not stable and sustainable that, no matter what methods humanity uses to build the great structure of human social cooperation, the links in that structure keep breaking, so that it collapses before it can rise very high?

If the answer is yes, then perhaps now is the time to begin thinking again.

For this reason, I hope more people will take seriously and understand my call for humanity to convene an international conference.

My view is this: humanity needs to build a new theoretical framework for civilization from a cosmic perspective. If an international conference can be convened so that human elites may seriously discuss this question, it may be possible to find a new path toward lasting world peace. This should be the starting point from which humanity begins to move toward permanent peace.

This is why I write this letter.

Finally, I would like to briefly explain what I see as the applicability, in reality and history, of the principle proposed in my series of writings: the Principle That Process Determines Nature.

In my view, this principle is the “master switch of natural law” that allows anyone, in doing anything, to act smoothly and effectively. Moreover, this master switch has always been held in each person’s own hands. It is only because everyone has been looking at problems from a materialist standpoint that this master switch has been used upside down. Humanity has achieved the fruits of civilization only when, in conflict with the rules of this “master switch of natural law,” it was accidentally corrected.

Therefore, when my writings connect cosmic ontology, process philosophy, legal procedure, national governance, social cooperation, AI risk, and world peace, it is because humanity needs to reconstruct an entirely new theoretical framework for understanding the nature of civilization and the laws of its evolution.

To help people truly understand this new theoretical framework within their present mode of thinking, and to recognize that  “The Principle That Process Determines PropertiesPDP Principle——The properties of every perceivable entity are determined by the sustainability requirements of the internal processes through which its components are organized and cooperate. explained here can be mastered and correctly used by anyone who makes the effort, the best method is to analyze the specific mechanisms at work in concrete stories of civilizational evolution. In this way, anyone can understand it much more easily.

In short, the philosophical theory described in these writings is a practical tool that can be applied.

However, because of my circumstances, I cannot yet combine it with real examples in a detailed way to clearly show how humanity has mishandled this “master switch of natural law,” thereby giving rise to all kinds of disorder.

If I still have the opportunity, if I can free myself from various entanglements, and if I have time on a platform where people can speak safely and sincerely, I will honestly tell the true stories I have seen from my own perspective. I am also willing to listen to everyone’s stories and to discuss any questions about civilization with all those who are willing to speak in good faith.

Perhaps in this way, I may still be able to do something of real value for the future of civilization.

This letter is not long. With the help of online tools, the Chinese text has therefore been translated into English and published together with the original.

I sincerely hope that those who are destined to read this letter may translate it into various languages and pass it on to media outlets, or deliver it to government leaders and human elites, so that an international conference may be brought about to discuss the nature of civilization, the structure of human social cooperation, and the laws of its evolution — and thereby begin the starting procedure for humanity’s movement toward permanent world peace.

 

If you only receive the English text of the letter, please also refer to the original Chinese text. The original Chinese text can be found online by searching for the Chinese title of this article:《致全球每个人的信(6看一位中国前法官花了二十多年时间给北京写信的故事,以及他最终想告诉全人类什么