Some time ago, the news that best reflects the disadvantages of China's current judicial system is as follows:
In a trial, all people-defense lawyers, prosecutors, presiding judges and presiding judges-held innocent opinions, but the defendant Zhou Cheng was finally sentenced to five years in prison. After Zhou Cheng was released from prison, he accidentally got a case file related to the trial. Copies of this set of files show that the trial that decided his fate was actually "a few years is a few years." (65438+February 7, China Youth Daily)
As soon as this news came out, there was a flood of comments, and people reflected on the current judicial system. Yes, judges have no superiors except the law, but today our courts are controlled by local governments, and judicial reform has been discussed for many years, and no substantive progress has been made. The question is, even under such a judicial system, do judges have the right to make judgments that violate the law? Can a judge excuse himself with such coherent reasons? Therefore, we must think deeply about this problem.
From the sociological point of view, although people are members of social organizations, they still can't get rid of us. We are first and foremost a person who should have a sense of conscience, morality and justice. Similarly, as a government civil servant and judge, he is first a person in the social sense, and then a member of the state machine. As civil servants and judges, it is a profound test of every civil servant and judge's thinking ability, conscience and courage to act only according to instructions or to make a conclusion that conforms to the legal will through independent thinking and refuse to carry out orders that openly violate the legal will.
In the case of Zhou Cheng's misappropriation of public funds, Teng, the former chief of the Public Prosecution Section of Pingshan District Procuratorate of Benxi City, filed a public prosecution against the case, and today's appeal of Zhou Cheng's case was also from her hand. She explained: "I'm not saying that I'm no longer in office, I mean that Zhou Cheng is innocent. Even then, I clearly held the view of innocence. However, the tone is set above, saying that as long as the evidence is conclusive, we have to do our best to convict. " Similarly, in the trial, according to informed sources, the above-mentioned organs insisted on sentencing, while the judicial organs held that they were innocent, but they could not bear the pressure from above. According to informed sources, these discussions have been recorded. Therefore, because Zhou was found guilty, Teng prosecuted him, and the court found him guilty from the president to the judge, even though they all thought Zhou was innocent. This shows what kind of logic this is.
In view of the importance of civil servants obeying the law rather than the orders of their superiors, Article 54 of the Civil Service Law specifically stipulates that: when performing official duties, civil servants think that the decisions or orders of their superiors are wrong, they can put forward opinions to their superiors to correct or revoke the decisions or orders; If the superior refuses to change the decision or order, or demands immediate execution, the civil servant shall execute it, and the consequences of execution shall be borne by the superior, and the civil servant shall not bear the responsibility; However, civil servants who execute decisions or orders that are obviously illegal shall bear corresponding responsibilities according to law.
Obviously, this provision of the Civil Service Law alone cannot guarantee that civil servants and judicial personnel will not be worried about job change and loss in performing official duties and judicial activities, and the reform of the judicial system must be put on the agenda.
As early as the19th century, the German jurist Yelin earnestly warned us to "fight for rights"! Rights cannot be acquired in a day, and everyone's just actions will turn a trickle into a running river. Therefore, we must remember that a life without thinking is not worth living. Judges and civil servants must pursue justice with thinking, conscience and courage!
Second, a little article I like very much:
Mourn for one's brother
Life is so fragile that life is not allowed to go back on our word.
Yes, how many times can a person's life start over? I don't have such an opportunity. The seriousness of the law deprives you of your chance to survive. Only this time the opportunity was denied, and your destination was confined to a narrow box. I can't imagine how you curl up and stretch in such a small box.
In this material world, a vivid life disappears in an instant, and the material has changed. Although it only changed the state of existence, such a transformation process was assisted by law. Ordinary people can choose to die, but they have no right to choose the time and way of death. I finally understand why so many jurists are trying to abolish the death penalty. Indeed, what we hate is cruel criminal facts, disgusting criminal acts and shameful criminal motives. We feel sorry for the criminals. You are kind and have dreams. You know what death means. The greatest sorrow in life is to bear the pain that you can predict the end of death and really feel. I'd rather you were an idiot. If you don't understand the pain of death, you will lose your life without fear. In that way, people who care about him can also attribute all this to fate without having to blame themselves deeply here. But the reality of the law is the opposite. Idiots don't have to die or be responsible for their actions. And you, you must bear the separation and choose death.
At the age of 32, your life ended prematurely. I didn't write this article to commemorate you, really, you are really wrong. Just for a kind of affection, a kind of regret similar to doting. If, if, if I can influence you, I hope you are an ordinary mortal like me. However, I can't influence you. I guiltily blame this because I can't plan your life for you, unlike our way. I feel a little relieved of my unhappiness and feel that I have done something for you, although I have never done anything for you except being sad.
Brother, I don't think you will blame me. People like me would rather put a pair of chopsticks on the New Year's Eve dinner after you leave than spend a day with you before you make a mistake, even if it's only one day. We keep care in our hearts. In the introspection, remorse and deep regret after the discovery of conscience, we persistently adhere to the implicit habit of China people's feelings and remain silent about your mistakes. Or pull away and put yourself in a safe place. It is the consciousness of China people that makes me have no choice but to be sad.
For you, brother, you should be happy. You have become the focus of our family's attention, which is your greatest wish and has never been obtained before. We are all sorry for you, and we are all worried about you. Where did you go when we made up our minds and really wanted to do something for you? Why are you silent?
Looking at the little box where you live, I cried and asked others to care about your family! My family was punished!
Third, the legal analysis of Wushu popularization (I raised a topic, this article is very interesting and has a unique perspective)
Analysis of martial arts, "martial arts" is only one aspect. There are both conflicts and cooperation in society. Liang Yusheng, who insisted on orthodoxy, even said that he would rather have no weapons than chivalrous men. What is "summer"? Taking evil as enemy, feeling deep and righteous, even dying in national disaster and so on. All belong to the category of "chivalry" but in general they are "faithfulness" and "righteousness", that is, loyalty in form and loyalty in content.
Sima Qian pointed out in the "Biography of the Ranger": "Today's rangers, although doing injustice, will keep their words and their actions will bear fruit. They will not cherish their bodies and will go to the plight of scholars. " [10] Ignoring life and death, paying attention to promises, keeping promises and bearing fruitful results are a basic feature of a ranger. Trustworthiness is the foundation of Jianghu chivalrous men. No matter which martial arts novel it is, keeping promises is the basic principle in the Jianghu, and breaking promises is the most despised. This is because society can continue because of human behavior, and human behavior in society is interactive. Only when people can anticipate and predict the behavior of others can people rationally decide what they should do and society can continue. To make people's behavior predictable, first, the society should formulate a set of behavior norms and supervise their implementation, and second, individuals should guarantee their commitments. The former is like law, and the main function of law is to "establish and maintain an expectation that can be roughly determined to facilitate people's communication." [1 1] The latter is reputation. The martial arts world chose credibility. Economists such as Zhang and others believe that "compared with the law, the credit mechanism is a lower-cost mechanism". He gave an example of buying drinks at the grocery store in front of his house. If the shopkeeper says you didn't pay for the wine when you went out, the law can't solve this problem, because the judge can't judge who is telling the truth. If the canteen is equipped with a monitor, the cost is too high. But in fact, this kind of thing is unlikely to happen, because if all the neighbors know and dare not go, the store will close. Shopkeepers dare not cheat because they are afraid of losing their future business. This is the reputation mechanism. [12] The mechanism of reputation actually depends on future punishment.
However, if we look at the world of martial arts, we will find that the conditions of a chivalrous man who values reputation over life are not consistent with this. Chivalrous people are not brave because they are afraid of losing their future business. Business is for profit, chivalry is for giving. The chivalrous man kept his promise. He gave his life to help others this time, and let him give his life to help others countless times in the future. This kind of logic, if not absurd, is also inconsistent with emotion, especially when keeping his promise means death (which is very common in martial arts novels that pursue dramatic effects), that is, when playing a one-time game, he still keeps his promise, which is even more unreasonable with "rationality".
In a highly mobile market economy, another way to maintain the reputation mechanism is to establish an enterprise, which is a mechanism to turn a one-time game into a repeated game, and also a carrier of reputation, that is, to restrain the behavior of monks with the reputation of "temples". [13] For Wulin people, sects are their "temples", that is, enterprises. They turn individual behavior of chivalrous people into group behavior, so they have the initiative to supervise the behavior of their disciples. There are indeed many narratives in the novel, such as Eight Dragons, in which Master Xuan Ci, the abbot of Shaolin Temple, cheated on Ye Erniang when he was young, and was finally exposed, in front of Wulin heroes, for the sake of Shaolin Temple. But in general, this role does not occupy a major position, but is more reflected in personal moral behavior. In the world of martial arts, real chivalrous men are often without doors and factions, especially in Gu Long's novels. For them, the role of "enterprise" is almost invisible.
The economist's theory is contradictory to the "reality" of the martial arts world. Of course, people's most common reaction is that martial arts novels are illusory and not realistic. However, although the description of martial arts in martial arts novels is regarded as absurd by many people, its description of human nature is rarely criticized. When people study martial arts, they accept this "reality". Where is the contradiction?
"Economic man" is the basic assumption of economics. It seems that this is also the reason why the action logic of chivalrous men is different from economic theory, because the behavior of chivalrous men is altruistic. But in fact, we can see that the reasons for this disagreement are untenable. Because the behavior of the chivalrous man is selfish: keep your promise and get a psychological satisfaction of keeping your promise. Keeping promises is actually an ideology in the Jianghu world. Keeping promises can gain social moral recognition and make inner beliefs be practiced. For a moral gentleman, moral behavior is a self-interested behavior that can bring utility satisfaction to himself.
But the problem has not been solved. Morality is understandable if it is an individual's behavior, but when it becomes a social norm and an ideology internalized in people's minds, it must meet certain social conditions. Economists analyze these social conditions, such as fear of future punishment and the bondage of "temples". How did the "ideology" of the martial arts world come into being? At present, there are no martial arts novels about how the martial arts world is formed, but they all give us a martial arts world directly. Martial arts is unrealistic, rivers and lakes are artificial rivers and lakes, and the ideology of the rivers and lakes world is actually presupposed by both the author and the reader. Martial arts seems to be people in the Jianghu world. In fact, the ideology they follow is imposed by authors and readers with their own ideas. In fact, they live in people's conceptual world. The legendary swordsman's trustworthiness is the requirement of the author and readers, not his own realistic action logic. [14] If keeping promises is only to satisfy inner beliefs, and this belief is unwarranted, and breaking promises is only met with people's eyes and no other punishment, then according to realistic logic, this kind of "keeping promises" is not credible. In the world of martial arts, the trustworthy behavior of chivalrous men as moral gentlemen is only people's good wishes in the eyes of economists and cannot be realized. If the economist's theory is correct, but people don't think there is anything wrong with the "reality" of martial arts, then one possible explanation is that the world of martial arts is consistent with the society that people think should exist, so people believe it; It is different from the real society in the eyes of economists, so it contradicts the theory. As can be seen from the fourth part below, this difference between the conceptual world and the objective world will be an important wedge for analysis.
Whether it can be realized or not, keeping promise is the formal requirement of chivalrous behavior, and being brave is the substantive requirement. In the world of martial arts, the content of "righteousness" is extremely extensive, which concentrates almost all the virtues of human beings: hating evil, weeding out the strong and helping the weak, such as Pei Hu in The Legend of the Flying Fox; Deep affection, friendship above all else, such as Li Xunhuan in the ruthless sword of passionate swordsman; Stand up, fight against foreign aggression, save the nation, such as Guo Jing, the "great man of chivalry"; Take one's whole life as one's duty, and spare no effort to die in order to avoid war, such as Xiao Feng, who is known as "the first hero in the world". The world of chivalry is a world of chivalry and righteousness, a world in which justice always overwhelms evil, and a fascinating world. Think about the contest between Hu Yidao and Miao Renfeng in Flying Fox of Snowy Mountain, which is a classic passage. In the duel of life and death, heroes regard them as brothers, which made people in the country of scholars ashamed in the past in America.
As the two pillars of the martial arts world, if "martial arts" embodies the natural attribute of human beings, then "chivalry" is the social attribute of human beings. "Wu" is the power resource and the dominant means of society in the martial arts world, and "Xia" is the moral resource and social link in the martial arts world. "Chivalry is a social adhesive based on a sense of justice." [15] The former resolves conflicts, while the latter achieves integration. Of course, this is a somewhat simplistic analysis. Because chivalry is also a dominant resource in a sense, for example, known and unknown heroes will call out "Big Brother" when they see Sung River, and bow down when they accept their heads, just because Sung River is called "Hu" and "Timely Rain". But this kind of "domination" is different from the domination of "martial arts" after all. It is the object's active obedience, not compulsory domination. If "Martial Arts" let A dominate B, and "Chivalry" let B obey A, then it is the interaction between them that makes the fairy tales of the martial arts world appear in front of us.
Brave and fearless, the sword walks alone, there are apricot flowers and spring rain in the south of the Yangtze River, and autumn wind in the white horse. What a simple and romantic world it is! So that talking about "people in rivers and lakes" makes people feel fascinated rather than helpless.
Fourth, the "other": Why is the law missing?
At this point, no one may think that this is an article about law, and it has no jurisprudence significance from the previous analysis. However, as long as we look away from the martial arts world and compare American westerns that also reflect the hero worship complex of westerners, the problem will suddenly become clear. The wild west is the martial arts world of Americans. Desert, small town, cowboy, Japanese businessman, whoever draws a gun quickly and shoots accurately is the strong one. Conflicts often occur between robbers and law enforcement officers in the town-residents in the town are harassed by robbers, so everyone pooled their money to invite day trader as a law enforcement officer to maintain public order in the town, or offered a reward to gunmen to solve the case. After a wonderful and fierce gun battle, the robbers were finally annihilated, which is the plot of most American westerns. Note that although the problem is finally solved by force, the gunman is enforcing the law for the residents of the community, and the nature of his behavior is to exercise public power, not just personal chivalry-although there are elements of personal chivalry.
In the Jianghu world of China people, you can't see the law. This is a society without laws or even countries (many martial arts novels have no national background, just pure rivers and lakes). According to the western concept, the law is a public contract, and the small-town sheriff can be regarded as the embryonic form of justice in the process of the formation of the American state. According to the logic of real life, there should be public * * * power and rules where there are crowds, but in the martial arts world, there is no public * * * power and law-law is a public * * * behavior rule formulated and implemented by public * * power. Although there are rules of conduct such as "righteousness" in the Jianghu world, they are only consciously observed and violated by individuals. Instead of being executed by public power in accordance with procedural norms and universally, it is not a law-that is, it exists in individual cases and has become the object of strong criticism almost without exception. For example, in the legendary swordsman, Zuo Lengchan, the leader of Wuyue Sword School, described Liu Zhengfeng's "law enforcement" for disobeying the "rules" as extremely ugly and bloody. The most common killings in Jianghu are rarely punished according to legal procedures or executed according to legal procedures. Although the representative of the * * * forces in the Jianghu and the leader of Wulin are contested by countless people, in most cases, no one can get it after the story is finished. The so-called Wulin leader is always despised by the wise. Only those careerists who have high martial arts (so qualified to fight) but have not reached the level (so they have to fight) fight with each other, causing bloodshed in the Jianghu. Finally, they have to be the protagonist who has no intention of becoming a champion but is involved in the whirlpool, or the "folk" master who retired from the rivers and lakes alone or together for a long time to clean up the mess. At last, after lamenting the stupidity of the world, the hero wiped his blood, slowly put his sword in its sheath, sighed and retired to the countryside. Without leaders and authority, everything is calm again. Competing for the leader has become an eternal laughing stock in the Jianghu.
The martial arts world is an anti-authority world.
There is no public power, no law, and no credit mechanism mentioned above, but everyone claims to be loyal to justice. Everyone knows that this is an illusory world, but it is accepted by everyone and even indulged in it. This is exactly the difference between the conceptual world and the objective world pointed out in the third part of this paper.
Before analyzing this contradiction, let's talk about an interesting psychological test. Subjects must choose the animal they want to become from several options, and some people choose to become a bird. The test answer said that this reflected their desire to get out of trouble. Similarly, the infatuation with the fantasy world of martial arts without public power and law also reflects China people's subconscious desire to "get rid of" public power and law to some extent. The world of martial arts is a reflection of China people's concept world, not a faithful description of objective reality. The world of ideas is a reflection of self-awareness. In China's conceptual world, there is a lack of public power and laws, which shows that they have not become a part of China's self-awareness. One possible explanation for this is that they are external and mandatory, not internal and spontaneous like westerners.
Judging from the origin of law, China's law originated from the struggle between clans and tribes, that is, the so-called "punishment begins with soldiers". When the clan is linked by blood, it can be adjusted by habit, but for the conquered tribe, blood kinship does not exist and can only be maintained by harsh laws. "In the primitive society of China, the direct object of legal adjustment was the relationship between tribes and clans, while individuals were mainly bound by the primitive habits of clans." [16] With the expansion of the conquered territory, in the process of the formation of the country, in order to maintain the rule, the blood relationship was gradually strengthened, the original clan members became the minority aristocrats who ruled the country, and more and more conquered peoples became the people ruled by law. The upper political society and the lower secular society are opposed because of heterogeneity and conflict of interests. For grass-roots society, the law is imposed and external. In the past, the word "law" was generally interpreted as a symbol of fairness in China, which was obviously inconsistent with the legal concept of China people since ancient times. Professor Su Li thinks that the word "water" means that laws are promulgated from top to bottom like water, [17] which can be used as evidence to some extent. Looking at western laws, the laws of ancient Greece and Rome originated from the democratic politics of the struggle between nobles and civilians, and were the same product of the noble's peaceful will and interests. Law is a part of civil society from the beginning, and it is an inherent thing of civil society. For citizens, public power and law are "mine", not "others'". But for the common people in China, public power and law are the real others, which is a kind of oppression. This consciousness of the other determines that ordinary people in China dislike public power and law, and public power and law have never been internalized as a part of China people's self-consciousness.
"The creator didn't want to see himself again-so he created the world." [18] China people have such a martial arts world. China people's choice is to return to nature and compete with Wushu. Only martial arts are self-centered, and the rest are external and social.
Foucault provides us with two power analysis schemas, one is "contract-oppression schema", which is a legal schema, and the other is "war-oppression schema", or "rule-oppression schema". The former is the opposition between legality and illegality, while the latter is the opposition between struggle and submission. [19] Obviously, the legal schema can be applied to the west, and the "rule-suppression schema" is consistent with that of China. Because public power and law are external things, which are not contractual and oppressive, China people have a natural centrifugal tendency to this external bondage, and seclusion has become the eternal theme of China people, even in the illusory martial arts world. At the end of the novel, Yuan Chengzhi, Ling Huchong, Yang Guo and Zhang Wuji retired to enjoy the rural life at a young age, which seems to be the best ending that the author and readers can think of, while Guo Jing and Huang Rong, who did not quit the Jianghu, had to die in Xiangyang. Although the American western ended with the gunman riding away, he went to another town to continue his journey of bounty, beauty and gun battle.
There is a paradox between Chinese and western cultures, which is the contradiction between collectivism and heroic complex put forward at the beginning of the second part of this paper. We always think that western culture is ostentatious and individualistic, on the other side, while China culture is introverted and collectivist, on the other side. It is true from many appearances, but from other appearances, such as chivalrous culture, the west is institutionalized, restrained and realistic, while China culture is willful, indulgent and natural. In fact, whether in the East or the West, human nature pursues the freedom and liberation of individuality, and both have chivalrous culture and heroic complex. Westerners, on the other hand, have found a link and shock absorber to balance themselves with others, individuals and society-law. In China, the law can't play such a role, and individuals and society are in conflict and opposition, so China people always wander between managing the world and troubled times, and entering and leaving the world.
Although China people translated the English word "law" into ancient China's "law", we can see from the previous analysis that although there is no essential difference between them, they are different in at least some aspects. The artificial correspondence of words masks this difference. "It is in words that what we imagine becomes what we know, and in turn, what we know becomes what we present to ourselves every day." [20]
We are lost in the language we created.
But fortunately, human beings have sensibility in addition to rationality, and the direction of academic loss may be found in literature. Literature is a direct description of people's spiritual world. Martial arts literature shows us the real spiritual world of China people with adult fairy tales.
This metaphysical perceptual level is connected with the metaphysical philosophical level. China's traditional thoughts are mainly influenced by Confucianism, Buddhism and Taoism. "Taoism and Buddhism in China's traditional philosophy not only emphasize the individual, but also emphasize universality and transcendence. Individuals are also detached people. " [2 1] China people realize the communication between individual concreteness and social universality through thoughts, not through the institutionalization of behaviors. From the satisfaction of "class worship" and "individual heroic consciousness", martial arts is such an example of realizing the unity of individuality and transcendence. "As for the dominant Confucianism, it emphasizes social groups, and its subjectivity is mainly manifested in social ethics. Personally, it is moral practical thinking, and its intention mainly lies in moral practice. The internal moral will of the subject is the fundamental meaning of the world, so it is also the fundamental meaning of life. " [22] Valuing chivalry, expressing gratitude and enmity, valuing morality and neglecting law, individual moral self-discipline has become the cornerstone of social groups, and the martial arts world is the ideal society for China people.
Verb (abbreviation of verb) Consciousness or Unconsciousness: Psychoanalysis of Wushu Culture
The popularity of martial arts culture reflects foreigners' aversion to law, but according to the view that social existence determines social consciousness, a general view is that with the development of market economy, the social demand for law will promote the formation of people's legal concepts. And the facts seem to reflect this, one of which is that there are more and more lawsuits. This is quite encouraging for the theorists of the rule of law, because it is said that it symbolizes the increasing legal awareness of China people.
At present, the number of lawsuits has risen sharply. Is it because of the trust in public power and law? This is very doubtful. The development of market economy and the increase of social mobility may also be an important factor. In fact, with the spread of judicial corruption, citizens' trust in the law is decreasing rather than increasing. People think that the lawsuit lost because the court was "nobody" and won because the relationship was "hard". A judgment that is not strictly empirical is that there are not many people who really believe that the judiciary will judge cases in strict accordance with the law and "only obey the law".
But this does not mean that the social order in China must be chaotic. According to the general and realistic interpretation of western discourse, judicial justice is the last line of defense for social justice. In a modern society maintained by law, the loss of legal belief indicates the collapse of social order, but at least it has not yet appeared in China. China people's distrust of the law is distrust of the "justice" of the law, not distrust of legal sanctions. When people seek "explanation" from the law in succession, they just want to punish those who violate themselves with the help of the power of the law. What people call for is not the justice of law, but the power of law. Therefore, when people go to court, they often resort to various means, causing passive victims of corruption and actively promoting the vicious circle of corruption. When the law is enforced, it is also a violation of the law. Theorists of the rule of law cannot agree with the fact that the implementation of the law is actually strengthening its dissidents among the people.
From the analysis of the last article, we can see that this kind of people's objection to the law is not passive water, and it is not only the so-called "judicial corruption" in contemporary times that can take full responsibility-to some extent, it can even be said that corruption is a "result" rather than a "cause", and corruption is due to dissidents rather than corruption. This kind of alien can be traced back to the beginning of the formation of the law, and has formed a strong national psychology through the continuous strengthening of history, which is fully exposed in the creation and reading of literary works.
Let's look at the behavior that readers praised as the first hero in the world: Qiao Feng was in Ruzhou, Jingxi Road, and he came to Liang County this day, surrounded by silver coins. That night, he sneaked into the county government and stole several hundred taels of silver from the state treasury. Eating and drinking all the way, chicken, duck, fish and sorghum wine, are all paid by Song Guanjia.
-Jin Yong: The 20th episode of Eight Dragons.
Few readers will feel anything wrong when they read here, but they will appreciate or even envy it. Such a sense of alienation and opposition from the "official" has penetrated into the unconscious level of psychology, so that it is difficult to detect. Besides being "weakened" by political discourse for a period of time after the founding of New China, it was, and still is, a mainstream psychology of ordinary people in China. The psychological connotation of public affairs, officials, regulations from above and so on is not difficult for any China person to understand.
This mentality is so ingrained that martial arts literature is still popular in Hong Kong, a society with strict rule of law. Even in Hong Kong movies, the bloody combination of triad societies and unscrupulous street shootings and killings make people doubt whether martial law should be implemented, which is in sharp contrast with the actual strict laws and regulations in Hong Kong society. Is this the legal relief form of China people's illegal subconscious under the rule of law? [23] If social existence determines social consciousness, then this social existence is not only the current social reality. -The current social reality in Hong Kong is the rule of law, but the people's subconscious reflected by its cultural products is not "the rule of law"-the accumulation of social consciousness in the past is also a social existence that cannot be ignored. Why martial arts literature is only popular in Chinese circles, mainly because of cultural and psychological barriers; Why can martial arts literature be popular in Chinese communities, even though they are scattered all over the country and live in different environments, including people living in countries ruled by law? This is because part of their psychology is always * * *.
Why is there a dislocation between social existence and social consciousness? Jung's psychological thought provides the answer. Jung's greatest contribution to psychology is to put forward the concept of "collective unconsciousness". "Collective unconsciousness is a part of the spirit, which is completely different from individual unconsciousness, because its existence cannot be attributed to personal experience like the latter, so it cannot be acquired by individuals." [24] It is the relic of the same soul of the race, with the nature of super-individual "collective", which is not acquired by individuals through acquired experience, but inherited instinctively. Jung also introduced the concept of "prototype" Prototype is a deep psychological model, which can be produced through life inheritance. This mental model comes not from "remnants of personal memory" but from "inherited brain structure itself". Prototype has nothing to do with personal memory, but a brain memory inherited from physiology. "From a scientific and causal point of view, the original image can be conceived as a memory burial, a mark or a memory trace, which comes from the condensation of countless similar experiences. This aspect is the deposition of some constant psychological experiences.