法律制定的出发点应是限制强者 The Starting Point for Formulating Laws Should Be to Restrict the Strong

The law of the jungle in the animal kingdom is the survival of the fittest. In the animal kingdom without legal rule, the weak will become weaker and the strong will become stronger. However, the result is not so, but rather a certain balance is maintained between the weak and the strong. What is eaten by the strong is precisely what the weak should eliminate, only in this way can the strength of the tribe be maintained.

In a certain part of Europe, wolfs are rampant, and herdsmen are worried that their flocks will be eaten by wolves, so they organize hunters to start hunting wolf packs. Wolves were almost hunted down, but in the end, it was discovered that the number of sheep was also decreasing. Because the sheep have lost their threat, they have become less cautious and less adept at running, become lazy and lose their vigilance, their resistance has decreased, and the number of dead sheep has exceeded the number eliminated by wolves.

Isn't this amazing? The animal kingdom itself maintains a balance, precisely through a law of the jungle. However, human intervention not only failed to protect the weak nor restrict the strong, but also disrupted this balance and brought catastrophic consequences to the animal kingdom, such as extensive development, mining, hunting, and so on.

Human society is completely different. If there is no legal system to constrain human society and the law of the jungle is allowed to prevail, the world will be in chaos and the consequences will be unimaginable.

The ancient sages of humanity had already realized this and began to establish various legal systems to constrain people. In my opinion, the establishment of a good legal system should start from constraining and restricting the strong to protect the weak.

Having established a legal system, it is only the strong who are most likely not to abide by it. The strong hold power and abundant resources, and are also the easiest to cross the bottom line of the law for their own interests. On the other hand, the weak, without any advantages or resources, will never touch the law until they are forced to do so. Their needs are simple, not causing trouble, and living their own simple life.

A spider web can catch small insects, while things like bumblebees can often break through. The legal system cannot be a spider web, but an iron sieve that neither small insects nor even a hornet can break through the web.

If the legal system is not strong enough, it will be exploited by the strong and become a tool for them to make money or violate laws and regulations.
Therefore, the formulation of legal systems should be based on restricting the strong, being strict with the strong, and more conducive to protecting the weak.

弱肉强食是动物界的“丛林法则”，也就是适者生存。按说，在没有法律统治的动物界，弱者会越来越弱，强者会越来越，可结果并非如此，而是弱者和强者之间竟保持着一定的平衡。被强者吃掉的也恰恰就是弱者应该淘汰的，只有这样才能保持族群的强壮。

在欧洲某地，狼群猖獗，牧民担心羊群会被狼吃掉，便组织猎人开始猎杀狼群。狼几乎被猎杀殆尽，却最后却发现羊群的数量也在减少。因为羊群失去了威胁，变得不再那么谨慎、善跑，变得懒惰、失去警惕性，抵抗力下降，死亡的羊群数量超过了被狼淘汰掉的数量。

这是不是很神奇？动物界自身保持着一种平衡，恰恰就是靠着一种“丛林法则”。而人类的干预，不仅没有保护弱者也没有限制了强者，却把这种平衡打破了，给动物界带来了灭顶之灾，比如：大量开发、开采、猎杀等。

人类社会就完全是另一个样子，如果没有任何的法律制度来约束人类社会而放任采取弱肉强食的丛林法则，那天下将大乱，后果不可想象。

人类先哲早已意识到了这一点，便开始制定了各种各样的法律制度，用以来约束人。而在我看来，一部好的法律制度的制定，其出发点应是约束、限制强者保护弱者的。

制定了法律制度，最有可能能够不遵守法律制度的只会是强者，强者掌握着权势和优厚的资源，也最容易为了自身利益而去触碰法律的底线。而反观弱者，没有任何的优势和资源，不到被逼无奈的地步，绝不会去触碰法律的。他们的需求很简单，不惹事端，过自己简简单单的生活。

一张蜘蛛网，网住的都是小虫子，而大黄蜂之类的东西常常能够破网而过。法律制度不能是一张蜘蛛网，而应是铁制的筛子，小虫子过不去，大黄蜂也不能破网而过。

法律制度如不够坚硬，就会被强者利用，成为其捞钱或违法乱纪的工具。

所以，制定法律制度要以限制强者为出发点，对强者要严厉，要更有利于保护弱者。

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_{Posted from https://blurtlatam.intinte.org}