Xu Chongde: the pioneer of the new China constitution

 

Reference:Http://www.law.ruc.edu.cn/Article/ShowArticle.asp? ArticleID=10142 (Chinese constitutional network)

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Xu Chongde: born in 1929, Shanghai Qingpu people. Renmin University of China Professor, doctoral supervisor, constitutional law and administrative law point to establish a ph.d.. Academic Committee China Law Association, honorary president of China Constitution Research Association, vice president of the Beijing constitutional research association, member of Expert Advisory Committee of the Supreme People's Procuratorate, Marx theory research and construction project chief expert, former Hongkong, Macao Special Administrative Region Basic Law Drafting Committee, member of the Preparatory Committee for the Hongkong Special Administrative Region, Macao.

Under the indissoluble bound with the Constitution

Xu Chongde was born in poverty, only six months after his father died, widows and orphans often bullied in the old society, struggling through the war-torn age, chaotic years shortage era. Juvenile period witnessed the Japanese invasion, pillage and burn, commit all sorts, while the last military tribunal of the Far East has China judge in the trial of Japanese war criminals, This cheers the people greatly., so he was the legal work of noble, very yearning. In 1947, Xu Chongde graduated from high school, enter oneself for an examination the university when he did not hesitate to choose the law department of Fudan University.

　　FudanLaw school courses many. Among them, the constitution of course by the famous Mr. Zhang Zhirang professor teaching democracy stage. Mr. Zhang is a large class, the classroom is always crowded. A class that is a favorite of Xu Chongde. This is of course with Mr. Zhang and thorough analysis, teach and guide untiringly, more important is that Xu Chongde was born in troubled times, the deep sleep of political corruption and poor weak pain, so a contact of constitutional law, the importance of understanding of state basic system and basic law, on the initiation of exploring democratic constitutionalism curiosity, interest in learning will increase the natural.

In 1949, the people's Republic of china. Xu Chongde for the "common program" and "three big charter" learning very seriously, think it is any of the old Chinese constitution cannot be likened to.The summer of 1951, Xu Chongde graduated from Shanghai University, Beijing, Renmin University of China as a graduate student. When the entrance without examination, but by the Organization Department picking. As for what to study, also must obey the tissue distribution, because this is the "join the revolution". Xu Chongde was assigned is the constitution of professional (then known as the "national law"), it is precisely in line with his own interests, Xu Chongde later called "decreed by fate to smile".

Competent comrades school tell you:People's University is the party founded the new Chinese first new UniversityTo introduce a number of knowledge, the training of young teachers to master Marxism leninism. Xu Chongde was assigned to the chamber method research state, to the former Soviet Union experts to study the basic theory class and the Soviet Union Law, people's democracy, bourgeois national law and other professional courses. "National law" is the constitutional law, because the Moscow State University does not say the constitutional course, and is called the state law.

In this way, teachers will become Xu Chongde's lifelong occupation, constitutional law is his lifelong professional. Since the date into the National People's Congress, has so far not feel has been for the past 56 years.

Plum flower

In the graduate student stage, Xu Chongde to the former Soviet Union experts to study philosophy, political economics, couplet (cloth) history and political theory course and the Soviet state law, a people's democratic state law, the bourgeois state law, administrative law, finance law and other professional courses. Course, pressure, breathless. It is a must read the specified are classics of Marxism Leninism, such as "capital", the book is thick, wide selection,Pile up more than one. In addition to the level of translation, translation was difficult to articulate, it is difficult to understand. Every day Xu ChongdeBurn a candle to lengthen the midnight oil in hard study, boiled red eyes, accomplished the task force.

　　The old school in Shanghai, the Xu Chongde school also often pull erhu, guitar. But to the people's Congress, intense study made him waste piano strings, are too busy. In addition to the curriculum, but also to learn Russian, it takes a lot of time. Xu Chongde pocket always filled with several stacked full of Russian words or phrases of the small card, to recite in class or dining room while walking along the way. In schools in order to encourage learning, to reward outstanding achievements of Russian examination. After a time Xu Chongde get bonuses, cheerfully bought two pairs of skates, until late homework finished about his girlfriendChen Yong(now wife), both to school activities a rink.

After graduate school, Xu Chongde worked as a teacher. People's University to enroll in the work is full 5 years of cadres early, these students' social experience, age is generally larger than the teacher, their teaching content often put forward special requirements and problems. Young teachers are the first stage, a lot of pressure. Therefore, Xu Chongde carefully preparing lessons, perfect, won the praise of students.

Previous teaching material is in the former Soviet Union, how to write our own national conditions, in accordance with Chinese textbooks? This became a serious problem in front of Xu Chongde. After years of efforts, fumble ceaselessly, condensed the Xu Chongde and his colleagues have countless efforts Chinese constitutional system has set up.

As the development of the mature in constitutional law, law of teaching has been understanding and master of,"The Great Cultural Revolution "broke out. Then, people's University revoked closed, all the staff were sent to Jiangxi to engage in manual labor.Speaking of this difficult years, Xu Chongde is the biggest regret of, the information accumulated over the years, including complete without full several journals, missing cards, suddenly all must shed tears drop. But thatHe Months and years pass by. desk copy reading notes, quotes, sayings, index and other precious manuscriptsAh!

　　In 1978, the people's University in Beijing, Xu Chongde to hold the pointer.But because most campus was occupied by another unit, the school is very difficult. The Xu Chongde family of five living in a cottage house, only the table in addition to eat outside, also to children learning to use. Xu Chongde had to in a shabby armchair with small piece of wood, cramped stoop to write. In this piece of wooden board, a number of academic works have been published. The most precious time has gone to regain feel helpless, wasted time, Xu Chongde seize every minute and second. So far he has published 305 papers, in addition to 7 published before 1978, and the rest are nearly twenty or thirty years of work. He published the book the general is this ratio.

April showers bring May flowers.Xu Chongde often said, engage in learning by tenacity, be not afraid of difficulties.Once the snow frozen, he fell down on the road, the fracture of his right arm. The doctor gave him a bandage, hanging in the chest. But on the second day he would endure the pain left hand writing practice, crooked and writes. Another time, probably in 1985 November, Xu Chongde with fundus hemorrhage, blind in one eye, live a month hospital. He can't put down his work, so carrying medical personnel, all with an eye, secretly read manuscripts of more than 9 words, and for the "Tianjin Legal Daily" wrote an article.

The society is a big classroom

Xu Chongde has a pet phrase: "the society is a big classroom." He thinks, do research must adhere to the unity of theory and practice, theory with practice. In his academic career, Xu Chongde had deeply society, know the society, to do some actual work.

The winter of 1952, the Party Central Committee announced on the general line for the transition period the publicity outline, then a graduate student of Xu Chongde was part of the central organization of the team, in rural Hebei, preaching "in farmers on the inside line change 3 change" policy, and from door to door to do work, to mobilize the peasants to sell surplus grain to the state. At the same time, Xu Chongde also take the time to study Lenin's "on food tax" and other about Soviet new economic policy implemented in the works.

The summer of 1953, Xu Chongde participated in the Ministry of the interior working group to the rural areas of Shandong, is the first national pilot work of grass root election. He and other comrades working group to help the local township government, has experienced from the voter registration until the whole process of convening the first Township People's congress. Xu Chongde while learning the electoral law and Deng Xiaoping's election law drafting reports as well as the central file on each link, while operating, the electoral system, a great harvest.

　　At the beginning of 1954, Xu Chongde was seconded to the people's Republic of China Constitution Drafting Committee, live in Zhongnanhai, engaged in the work of the secretariat.This is a very rare opportunity. Xu Chongde witnessed the scene, familiar with the new China first constitution from the drafting to the whole process of introduction. The constitution drafting committee work after 9 months, the Secretariat, Xu Chongde turned to the first session of the first National People's Congress, witnessed the first National People's Congress held Chinese history. Today, Xu Chongde is still clearly remember all the representatives stood up, clapped and cheered the new Chinese first constitution won by a moving scene.

From the period of 1958 to 1971, Xu Chongde a few degrees was sent to the countryside, accept labor training.

Since the reform and opening up, let Xu Chongde feel benefit deep is 1980 by the end of 1982, he act as the Secretariat to the committee members to modify the constitution of the people's Republic, in drafting Peng Zhen directly led to the current constitution,Every word of the constitution every word was repeated as.The tension in the work of more than two years, according to Xu Chongde, both in professional development, policy mastery or is a national of expanding the understanding, knowledge of society, it is of great significance.

　　In 1985, Xu Chongde was appointed a drafting committee of the NPC Standing Committee for the basic law of Hongkong; in 1988, and was appointed to the Macao basic law drafting committee.From the period of 1985 to 1993, Xu Chongde participated in the Hong Kong, Macao two basic law drafting work. In 1996, 1998, Xu Chongde has also been appointed as a member of the Standing Committee of National People's Congress Preparatory Committee of the Preparatory Committee for the Hongkong Special Administrative Region and the Macao special administrative region. In the meantime, Xu Chongde to participate in the completion of the normative documents to create a large number of the two Special Administrative Region of the drafting work. The establishment and its system and the basic law of the Special Administrative Region, the main contents are the constitutional law. This a series of practical work in which Xu Chongde, not only for the reunification of the motherland by force, for the development of China's constitution, is also very useful.

Academic innovation fruits

Xu Chongde in the field with diligence, fruitful, has so far published academic papers 302, published works and participated in the writing of academic book 75.The main works are: "the people's Republic of China", "the basic law of Hong Kong and Macao constitutional history course", "democracy and constitutional system", "separation of powers", "China constitution", "head of state"; editor of "constitution" (twenty-first Century textbook), "the Constitution (Chinese part)", "constitution (foreign part)", "world", "local system China constitution" (National Liberal Arts Colleges textbooks), "China Constitution Teaching Syllabus" etc..The representative papersCharacteristics: "on our local system (" carrier "Social Science Front" 1986 second), "China's constitution and the enforcement of the constitution" (load "jurist" 1998 6 , "Xinhua digest" in 1999 fourth period to republish), "Deng Xiaoping Theory shine forever" (March 1, 2004, Xinhua News agency unified dispatch, load "people's Daily", "Guangming Daily" and other Hongkong newspapers), "keeping pace with the times, safeguard a country" (load "Qiushi" magazine 2004 sixth), "'the anti secession law' legislative basis and nature of the" load "(Journal of Zhongzhou" in 2005 third period, "Xinhua digest" in 2005 fifteenth period to republish), "to Scientific Outlook on Development study the constitution" ("Xinhua digest" in 2006 twenty-third period).

　　In the works of Xu Chongde, theory of value is more innovative:

   1. democracy as a form of state, is a historical category, with the national production, development, produce, development and extinction. Since the medieval modern democracy is the product of bourgeois revolution, socialist democracy is the product of the proletarian revolution. Two in essence is different, but there are only two difference, and links. As for democracy as a kind of style, may not perish along with the perishing of nation.

The 2 constitution in two aspects of the role of state power:One is to consolidate and standardize the role, also is the guarantee of constitutional power, smooth operation and the power in the constitution the track laying,Improving ruling efficiency, so as to consolidate;Secondly, the power is not beyond the constitution set the track, to avoid the abuse of power in order to safeguard the people's rights. These two aspects are unified. Some people emphasize the "restriction of power", this is the one-sided.

3. constitution is the constitutional democracy. No constitution, democracy will not be able to follow; conversely, if no constitutionalism, constitutional will become a mere scrap of paper. At the same time, also should see the constitutionalism in the view of development. Capitalism is bound to the development of the socialist constitutionalism constitutionalism to go. The only recognized capitalist constitutionalism and does not acknowledge the socialist constitutional point of view, is not in line with the objective laws of historical development.

4. usually said total guidelines 1982 draft constitution is to adhere to the four cardinal principles, this is undoubtedly correct. But the objective situation is constantly developing rapidly, especially in the current constitution has amended a few times part, through a number of amendments to the constitution, the Constitution itself gained new quality. Therefore, the total should be the guiding ideology of basic line of socialist construction Chinese characteristic theory and party. It is not only the general guiding ideology constitution and constitutional reform, also should be the guiding ideology and implement the constitution, abide by the constitution.

5. law, first should be the rule of constitution.The law of China's status and role of hundreds, not every method are the same, but the most direct, the most fundamental rule of law should be the first constitution. The constitution is the parent law, the Constitution and the supreme authority of constitution to maintain, derived from other laws, to lay the foundation for the socialist legal system in china. As the fundamental law, constitution and the consolidation of the socialist system is the basic system of the country. If the country does not take the constitution as the basis, it is tantamount to losing the country. At the same time, to do according to the constitution, must also make the constitution fully implemented, the measure and decision is non major role of ruler.

6The system of people's Congress is a political organization, not a specific state organs.The concept of the people's Congress system should include four aspects: (1) all state power belongs to the people; (2) the people's representatives based on composition of democratic election, the National People's Congress and local people's congresses at various levels, as the people exercise state power organs; (3) other state organs by the people's Congress, subject to its supervision, responsible to it; (4) the NPC Standing Committee is responsible to the people's congresses at the corresponding levels, people's Congress is responsible to the people. The above four parts together, is to the people's Congress system complete description.

7. president is one of the manifestations China political system with socialist characteristics. The 1975 constitution, the constitution of 1978 no president, not appropriate. Xu Chongde in the period of 1977 to 1980, has repeatedly called on the author to restore President settings. In 2003, in view of our country the heads of diplomacy of active development, with remarkable results, Xu Chongde to the authorities should be given to such activities provide the constitutional foundation. Later, the National People's Congress passed the twenty-eighth amendment to the constitution, the president on behalf of the state provisions "of state activities". After the amendment of the constitution to enhance the status and role of chairman, this let Xu Chongde very gratified.

Xu Chongde read, who collected hundreds of long. But he never stops at the essence of chewing the previous, but based on the absorption of other results, combined with the actual situation, the development of continuous innovation, constantly push forward subject.

Widely spreading constitution

As the teacher explain the constitution, constitution is the Xu Chongde job. Earlier, Xu Chongde in the legal department of Renmin University for undergraduate students. In addition, he also served as the workers and peasants crash middle school taught constitutional law, had taught constitutional law for the school's Archives in the department. Research on the constitution as the people's University of China University of Political Science and Law master's tutor and tutor group leader, he has trained a total of about 10 master graduates.From 1987 onwards, Xu Chongde began to recruit doctoral study of constitutional law.So far, it has trained 50 doctors (6 of them in reading).

　　Xu Chongde taught constitutional law at school except outside, also often factories, enterprises, township, social groups, army cadres and the masses about the constitution.During the 1982 national discussion on the draft constitution, in addition to Beijing, Xu Chongde also to Tianjin, Shanghai, Zhengzhou, Luoyang, Shenyang, Shijiazhuang, Baoding, Lushun, Changsha, Hangzhou, Hefei, Kunming, Xi'an, Wuhan, preaching the draft constitution spirit and the main content of each field, almost all in the audience of more than a thousand people.In late twentieth Century, Xu Chongde was invited to go to USA State University of New York, Yale University, Seoul University, Centre College, Ritsumeikan University, University, Hongkong Baptist University, City University of Macao university lectures, etc..

　　In 1998, the National People's Congress Standing Committee, organization learning, invited Xu Chongde first lesson, to explain the constitution.This lecture later in his diary recorded Li Peng's "legislation and supervision" in a book. Li Peng wrote: "in June 16th, Tuesday, sunny. The afternoon of the nine NPC Standing Committee, presided over the first legal lecture, all vice chairman, deputy chairman of the special committee, departments responsible person to attend lectures. Renmin University of China professor Xu Chongde said "the implementation of China's constitution and the constitution". Speak, I asked a few questions. I asked whether the provisions of the preamble to the constitution, and have the same legal effect. He thought that has the same legal effect. Li Yining members asked, whether there is the necessity to modify the current constitution. He believes that with the development of society, the law always can not keep up the situation changes, therefore need to modify...... Xu Chongde in the teaching of law is a 1/2 majority, the constitution is the 2/3 majority, whether there is inconsistency problem, the answer. Xu Chongde objected to the private property written as' inviolability in constitution'."

　　In December 26, 2002, Xu Chongde was invited to the sixteenth session of the CPC Central Committee Political Bureau first learning will explain the Constitution. This is Xu Chongde with another professor he said. The meeting Hu Jintao General Secretary of the CPC system speech, showing the central importance to the.

Resolutely law, safeguarding unity

In 1985 July, the people's Republic of China, the basic law of the Hongkong Special Administrative Region, the establishment of the drafting committee. In 1986 February, the relevant departments of the central government decided to send 5 mainland member field trip to Hongkong, Xu Chongde is one of them. But at that time because he has been in hospital for nearly two months of massive bleeding fundus, the doctor did not agree with his long journey. Xu Chongde after the fight, or the results of a large number of needle with medicine and started. He wrote a poem: "sick from the thousands of miles, chest deposit country Jo dare delay line? One hundred years of histories like hate, noble spirit at present Da Hai ying!"Xu Chongde thinks, this is the reunification of the motherland, wipe out one hundred years of national humiliation of the event, even though the waves of water damage, should also be against the wind and.

The drafting of the basic law of Hongkong for five years, the drafting of the basic law of Macao was also spent five years. Implementation of the "one country two systems" is the basic law, There was no parallel in history. initiative, difficulty is great. But on the central policy, by relying on the masses to support, solidarity and cooperation, hard fighting, finally successfully completed the task. 1986 - 1990 period, Xu Chongde and other members of the drafting of three times by Deng Xiaoping met, benefit by your teaching, benefit from the deep. In July 1, 1997 and December 20, 1999, Xu Chongde respectively in Hongkong and Macao attended the Sino British, Portuguese about Hong Kong and Macao handover ceremony, and respectively to attend the inaugural meeting of the two special administrative regions.So grave, so their world shaking moment, Xu Chongde have mixed feelings, could not help but be full of excitement., tears.

The return of Hong Kong and Macao, the day is not calm. 1997, 1998, a large number of children born in the mainland Hong Kong people from the mainland smuggled into Hongkong. In this regard, Hongkong revised "Regulations" to curb immigration. But some illegal immigrants to the deprivation of the rights to the SAR court sued on the grounds, the government of Hongkong, the lawsuit has been hit by the court of final appeal.In 1999 January, the court of final judgment, revocation of the Immigration Ordinance amendment "", and brazenly declare: legislation of the Hongkong court of final appeal has the right to review the National People's Congress and its standing committee. This can not be an extremely surprised and indignant.At that time, Xu Chongde and Beijing's three other lawyers issued a statement, made serious criticism of the court of Hongkong, published by the "people's Daily" newspaper, noisy, shocked the Hongkong. Since then, Xu Chongde and other four are Hongkong people generally referred to as "the four law enforcement".

Hongkong is a very complicated background of "democracy" forces, as early as in the last century eighty's, these people have advocated "to" democracy, democracy is "anti", in Hongkong after regression, and constantly coerced mass demonstrations. Their political intention is in chaos to seize power, establish the Communist base in Hongkong, and then to transform the China American democracy.

In order to reform from the bottom, to educate the masses, the Xinhua News Agency published in February 19, 2004 1984 to Deng Xiaoping about "one country, two systems" conversation, supported by the broad masses of the people and the people of Hongkong. But a few diehards, said Hongkong 20 years ago what Deng Xiaoping said today is already out of date, to weaken the influence of Deng Xiaoping brilliant exposition. In view of this situation, Xu Chongde wrote, entitled "Deng Xiaoping Theory shine forever" the signed article, unified dispatches from Xinhua news agency, "people's Daily", "Guangming Daily", "Liberation Daily" and other major newspapers and some local newspapers are published at the end of 2 at the same time, Hongkong newspapers may be published. Xu Chongde published an article, the social common reaction is good, but angered Hongkong's "democracy". They attack Xu Chongde "destruction 'systems'", and organized a gang of thugs, holding Xu Chongde's sharp copies of photos, played in the above fork (x), came to the Hongkong branch of the Xinhua News Agency "protest". They pulled up write "Xu Chongde make slanderous charges at sb., threatening public shame" banners, shouting insults, attacks the slogan of Deng Xiaoping, and unreasonable demands, "Xinhua news agency must apologize". After that, they took pictures of Xu Chongde threw on the ground with the foot.

Shortly thereafter, Xu Chongde arrived in Hongkong in March 12th, at a mass meeting. In his speech said: "democracy", is a beautiful word, but democracy has genuine divided. You should really not false democracy, democracy. You may have heard many wonderful words of democracy, but also do not know they preach democracy is what taste! I had a little trouble. I just made a short essay, it violated the gang, and signs and slogans, I make slanderous charges at sb. scold, scold me shame, I still photos on fork."Xu Chongde condemn justly and severely said: "this is democracy? This is a dictatorship! They don't say repeatedly repeatedly to talk about human rights? But my human rights where? I was deprived of the freedom of speech, freedom of writing! Even my portrait right, personality right has been infringed!" He continued: "now they have no power miles, has such bully. They called democratic, called universal suffrage, the future Hongkong if really help people by this rule, there are good days?" At the moment, the audience burst into thunderous applause.Warm atmosphere make Xu Chongde deeply touched. In fact, the vast majority of Hongkong compatriots for Xu Chongde love the motherland, love Hongkong sincere mood, is fully understand and support.

At present, Xu Chongde or the State Council Development Research Center, the Hong Kong and Macao Institute researcher, but also to the development of Hong Kong and Macao Affairs to do some follow-up study.

Able men tied down to a routine post. One aims for the far-off future

Xu Chongde's social position, he China law, member of academic committee director, deputy director general, honorary president of Chinese Constitution Research Association, vice president and Secretary General of the Hongkong Law Institute China, director of the United Nations Association of China, Chinese Political Association executive director, vice president of Renmin University of China, consultant, two, President, Party committee, the president, vice chairman of the academic committee of Beijing Union University School of law, academic Honorary Adviser of Macao Center for the study of development strategy, the Seventh NPC internal and Judicial Affairs Committee Research Fellow, vice president of the Beijing constitutional research association, director of the State Council Development Research Center of the academic committee of the Hong Kong and Macao, China Democratic National Construction Association Central Committee invited consulting, advisory committee of the Supreme People's Procuratorate Committee post. He was also appointed as adjunct professor of China University of Political Science and Law, Henan University, Henan University of Science and Technology, Wuhan University, Shanxi University, Chinese People's Public Security University, Tsinghua University, Huaqiao University, Shandong Institute of Business and Technology, Beijing Normal University school or honorary professor. These social functions while mostly empty duty, but Xu Chongde always regarded it as their responsibility to bear and. Whenever the relevant units proposed requirements, he is happy to keep an appointment or to participate in the activities.

Author with many works to his credit Xu Chongde has won many honours. For example, in January 2000, he was awarded the first "capital Spiritual Civilization Construction Award"; in 2004 by CCTV organization named the national "year law person";In 2005 September, Xu Chongde was awarded the title of honorary professor of Renmin University of China. On the cover, his benevolent smile also appeared in "people", "China March wind", "the theory front", the journal's cover. Xu Chongde's book "the people's Republic of China constitution history" by the Beijing City eighth excellent achievements in philosophy and Social Science Award, in 2004 2007 in October, the book also won the fifth Wu Yuzhang prize special award.

I see pretrial blossom, with the diffuse outer yunjuanyunshu. Xu Chongde indifferent to fame and wealth, unmoved either by gain or loss. He treats to honor by the ordinary heart, but complain about their work for the people too little. In the 2000 issue of the "constitution" book learning "preface", Xu Chongde wrote: "unfortunately can use as academic research time is short, but the past is no longer up to. I can only practice the ancients says' old, One aims for the far-off future.; martyrs twilight, in high aspirations. ' If there was one, and can stay healthy, I will continue to struggle to climb the peak, academic, professional dedicated to my life." His career so faithful heart is moving, it is admirable. Now, Xu Chongde has been year, white haired, but still in the spare no efforts to carry out his promise and swagger fenti. Niu Wenzhan.

 

 

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Xu Chongde: carry out in life to the Constitution

In 2011 03 months 11 days 03:41
Source:JINGWAH timesAuthors: Pei Xiaolan

 

   Archive for Xu Chongde: born in 1929, Shanghai Qingpu people. Our country renowned constitutional scholar, Renmin University of China law school professor, doctoral tutor. The constitution of the previous formulation and revision, Professor Xu Chongde is a participant, witness and the witness. Reporter Pu Dongfeng perturbation

The constitution to the legal form of struggle of the people of all ethnic groups that China achievements, defines the basic system and basic task of the nation, is the fundamental law of the state, has the highest legal effect. The people of all ethnic groups, all state organs, armed forces, political parties, social organizations, enterprises and institutions, the country must take the constitution as the basic standard of conduct, and for the maintenance of the dignity of the constitution, to ensure the implementation of the constitution duties. -- the constitution of the people's Republic of China

 

Talk about the leading role: is the legislative basis for other laws

   Professor Xu Chongde said, the development of the formation of the socialist legal system Chinese characteristics and future, all cannot do without the constitution to play its leading role necessary. The constitution of the leading role is determined by the nature and status of the constitution, is inevitable and obvious. Only in the constitutional basis, in order to safeguard the uniformity and dignity of the legal system in china.

   The relationship between the Constitution and other laws, said Xu Chongde, the constitution is the parent law, all laws in other departments at various levels, according to the constitution, does not violate the constitution. In addition, the constitution is the national fundamental principles, the most important basic system, other laws are specified in a certain area do, is the fundamental problem of the country specific system. Also, the constitution is the supreme commander, but is not the law.

 

On the protection of human rights: and people do not have much illusion

   Professor Xu Chongde said, some people think that the constitution is a principled terms, and people do not have much, he thinks this is a kind of illusion. The provisions of the Constitution and the people's interests are closely related, the total target of constitution is in the interests of the people.

   He emphasizes, the Constitution provides for the basic rights of citizens, political economic and cultural aspects, and social security aspects. The Constitution provides for the protection of the private property of citizens, citizens can get compensation provisions of harm and compensation, "the rights and freedom is the legal protection, system security, is not empty talk".

 

The constitutional achievements: to defend the socialist process

   The main achievements of the constitution, Professor Xu Chongde think, the protection of the constitution of our country socialism, China are determined to exercise the people's democratic dictatorship, the people's Congress system is the fundamental political system.

   Xu Chongde said,The constitution of 1954 is our country the first socialist constitutionAt that time, is suitable for the actual situation of good constitution, promote the country from the new democratic society to socialist countries in transition.

   The constitution of 1982 re - "basic rights and duties of citizens" a chapter, the rights of citizens from a guarantee. Since then, the 4 time the modification of constitution, and constantly inject new content and spirit.

   Xu Chongde said, the 1982 constitution mentions the basic task of the nation in the preface, is to concentrate its efforts on socialist modernization construction, also provides the four cardinal principles, reform and opening up. "This has global significance, the fundamental task of our country is the task of the provisions of the constitution, the goal is to build a prosperous, democratic and civilized and harmonious socialist country". Xu Chongde emphasizes, the constitution as it provides a fundamental guarantee.

 

On Constitutional Development: to maintain stability can't often modified

   Professor Xu Chongde says,The existing constitution from 1982 to now, through the four amendment, the 31 amendment,That our country constitution itself is also advancing with the times. Moreover, with the leading role of constitutional progress, also contributed to the other specific legal changes, the legal system is in development.

   But he also said, can not be said that the current constitution is perfect, do not need to do any supplement. Because our country develops very fast, people demand more and more. According to the actual development experience and to make the provisions of the Constitution and the law, is bound to be out of touch with the real situation.

   "For example, we must safeguard the people's rights, constitutional development, the protection of human rights was written into the constitution, proposed to increase the social insurance, social security. But the development of our country is not balanced, the northwest, the mountains of life level is very low, and difficult, difficult issues such as housing. This shows that the rights of citizens is not like the Constitution requires that, to achieve well".

   For these problems, Professor Xu Chongde is not suggested to solve by frequent revision of the constitution. "The constitution as the fundamental law, formulated after may not always in a dynamic process, but should maintain a certain stability. If two or three years of frequent revision of the constitution, will be politically unstable".

   Xu Chongde thinks, in order to guarantee the constitution to solve problems in practice, but also maintain the stability in the constitution, only under the guidance of through other way, some national policies, improve the style of work, to meet the needs of the people, safeguard the people's rights and interests.

 

On the constitutional phenomenon: respect the constitution should be the basic value

   For some scholars proposed, at present our country's serious constitutional phenomenon. Xu Chongde this view, constitutional concept at present. He believes that, first of all we do not break the law, basically is not out of the constitution. "Is it right? Someone made a mistake, he says he is unconstitutional, I think do not mention the height".

   He said, now, the NPC Standing Committee monitoring the implementation of the constitution supervision, also various legal Is it right? Conflict with the constitution. At present, the system of constitutional review has just started, is still not complete, but also to strengthen this work. To do the public laws, administrative regulations of the State Council, local laws and regulations, all this law does not violate the constitution.

   He thinks, to respect the constitution should be the basic value of national life values, to enhance the authority of the constitution, is to improve the civil law idea. But how to improve, he thinks to say, action is very difficult.

   "After all, we are the primary stage of socialism, a lot of things inevitable. Want to strengthen their concept of the rule of law, let the people a good law, civil justice, strict law enforcement, it will be a long process, there will be repeated".

   Xu Chongde thinks, should see, the momentum of development of our country is very good. For some illegal corruption, "some can find, and destroy, and also a progress".

■ Xu Chongde dialogue

Develop process each controversial

JINGWAH times: participation in the formulation and revision of the Constitution in the process, what is your deepest feelings?

Xu Chongde: our country still attach great importance to the constitution, the constitution of 1954 and current 1982 constitution, is to represent the interests of the people of the constitution.

JINGWAH times: do you think what is the Constitution's greatest achievement?

Xu Chongde: the constitutional guarantee of the basic system of our country, guarantee the stability and prosperity of our.

JINGWAH times: in the formulation and revision of the Constitution in the process, which is the most controversial terms?

Xu Chongde: each clause can be said to have the dispute. It is not much, see a constitutional clause is very simple, in fact, at that time, there have been differences of opinion between the. For example, the provisions on the citizens have freedom of religious belief. At that time some people claim it stipulates that citizens have the freedom of religious belief, has been suggested, but also provides the citizens have no freedom of religious belief, and to add the citizen should have the freedom to propagate atheism. The terms of the two or three month dispute.

JINGWAH times: the constitution, which is the most consistent terms?

Xu Chongde: the target, the no objection. And about the protection of human rights, we all hope to write into the constitution.

JINGWAH times: you in the constitution, constitutional reform, what is the most unforgettable experience?

Xu Chongde: there are many unforgettable experiences. Often think of the amendment to the Constitution in 1982 when the scene. At that time in Beijing Yuquan mountain, a drizzly Sunday night, presided over the constitutional amendment Peng Zhen called me and another secretary called to his room, to discuss the revision of the constitution preamble. When Peng Zhen was 80 years old, but he still took the trouble to stay up, leave me a deep impression.

JINGWAH times: what is your constitutional development of the most fundamental expectation?

Xu Chongde: I hope that the constitution has been moving towards ensuring our country's modernization construction, ensure the country's rich, strong and prosperous, people's happiness and goog health direction.But more importantly, to carry out in real life to the constitution, enhance the authority of the constitution, so that each people all understand the constitution, love the constitution, abide by the constitution.

JINGWAH times: it is how to participate in the Constitution?

Xu Chongde: my career in the formal legislation, strictly speaking is from 1982 began a comprehensive revision of the constitution. For more than two years, in Beijing Yuquan mountain, I participated in the revision of the constitution under the leadership of Peng Zhen. The constitutional amendment is large change, we are a draft provisions, is tantamount to the original window.

 

 

 

 

Http://bjyouth.ynet.com/article.jsp? Oid=2897311

2004/01/08 03:44   Source:YNET.comNorth the blue net  Beijing Youth Daily   Yu Wei

Xu Chongde witnessed the development of China constitutional process of people　

　

Xu Chongde to participate in the formulation of the four law -- the 54 constitution, the 82 constitution, the basic laws of the Hongkong SAR, Macao sar.

Xu Chongde has accepted the four NPC Standing Committee Chairman appointment book, witnessed the process of new China constitution and constitutional development. He said several amendments, new Chinese for over 50 years, from a certain sense is the epitome of the legal process Chinese democracy, social progress, the development of the times to witness.

Xu Chongde, famous constitutional experts. 1929 born in January in Shanghai, Qingpu, in 1951 graduated from the law department of Fudan University. So far in the Renmin University of China has taught for 50 years, alone, editor, and the academic works and textbooks for a total of 57 kinds of. Constitutional law and administrative law point of establishing the doctorate and host.

As Chinese Law Association, honorary president of Chinese Constitution Research Association, vice president of the Beijing constitutional research association, member of Expert Advisory Committee of the Supreme People's Procuratorate, the central special adviser. Hongkong, Macao Special Administrative Region Basic Law Drafting Committee, the Preparatory Committee for the Hongkong Special Administrative Region, the Macao committee.

■ on constitutional era of drums

The constitution, will undoubtedly become the social hot spring 2004.

The scientist Xu Chongde has accepted the four NPC Standing Committee Chairman appointment books, participation in the formulation of the four law -- the 54 constitution, the 82 constitution, the basic laws of the Hongkong SAR, Macao sar. About the constitution, constitutional experience, Xu Chongde said: "the guiding ideology is correct or not, determine the perfect constitution. In addition, insist on the combination of source of the constitution has the vitality of the leadership of the party and the masses. In the constitution, should not only adhere to the constitution is relatively stable, but also to ensure the constitution content to keep pace with the times.

The constitution was promulgated in 1982 (Xu Chongde is the current constitution) highly praise, praise for "the best ever a constitution". He believes that the current constitution correctly summed up the history, and in a certain sense, planning for the future. However, the exact scholar has a clear understanding: "as the basic law, the constitution is stable, even with the solidification characteristics, and the objective reality is always in change." With the rapid development of China's reform and opening up and socialist modernization, inevitably there are some disharmony between the Constitution and the objective reality. In order to solve this contradiction, the Communist Party of China that make the current constitution timely modifications are necessary.

Sixteen - "the comprehensive construction well-off society, creating a new situation in the cause of socialist construction China". At present, the eighth amendment after the founding of new China has formally on the agenda. That Xu Chongde accepts when the interview, the revision of the constitution is to put the theory innovation, strategic sixteen proposed the fundamental policy reflected in the constitution.

According to Xu Chongde's memory, before the Third Plenary Session of the sixteen Central Committee of the constitutional group, once widely solicited opinions, including such domestic constitution circle veteran. "About time in 2003 June, I attended several seminars on constitutional reform, and put forward my own view. One is hosted by Wu Bangguo. The meeting should be held earlier, but later because SARS postponed. At the meeting I proposed the 'Three Represents', to protect the personal lawful private property should be included in the Constitution and so on."

General Office of the CPC Central Committee in 2003 "NPC and CPPCC" before the designated person to work on the revision of the constitution, and convene the well-known experts and scholars on the revision of the constitution held Symposium in April. Central has also established the fourth constitutional amendment leading group. At the same time, the NPC Law Committee and other departments also organized a group of people to do the preparatory constitutional amendment. As one of the State Council think-tank China Academy of Social Sciences, also arranged for experts on constitutional amendment proposed study report. In addition, China University of Political Science and Law, Renmin University of China and other research institutions of higher learning have also carried out research on Revision of the constitution.

Xu Chongde made the following analysis of the Constitutional Perspective of concern: "Three Represents" important thought is pair of Marxism Leninism, Mao Zedong Thought and Deng Xiaoping theory is the inheritance and development of. Therefore, it is necessary to take the important thought of "Three Represents" was written into the constitution, as the guiding ideology, development of our country must adhere to for a long time. Sixteen big report made clear, the new social class emerging in the process of social changes, are China characteristics socialist cause builders. The spirit was written into the constitution, show that our power to consolidate the people's democratic dictatorship, the scope is more extensive and expanding the alliance. At the same time, the material civilization, spiritual civilization, political civilization three civilization was written into the constitution, that promote the coordinated development of the three civilizations is an important task of our country. In the private property rights issues, this modification is provided from the personal rights, property rights, private ownership, to protect private property. In addition, the concept of "human rights" into the constitution, it was not previously.

■ stood to the National People's Congress Standing Committee on the podium speaking constitution

In June 16, 1998, the famous constitutional law expert Xu Chongde into the Great Hall of the people, by the Standing Committee of National People's Congress the first legal lecture -- "the constitution of our country and the implementation of the constitution".Since then, legal lecture became the nine NPC Standing Committee unshakable system.Xu Chongde told reporters, in the next five years, the nine NPC Standing Committee held a total of 30 legal lecture, every time the chairman Li Peng personally presided over, he did not once absent.

In February 28, 2003, the last session of the nine national people's Congress Standing Committee concluded successfully in the completion of the agenda. "On the day of the meeting, each member gets a comrade Li Peng a 'gift' --" the nine NPC Standing Committee legal lecture "." Xu Chongde said, this book records the five years of memories, he will forever treasure. "To hold legal lecture at each meeting of the Standing Committee of the nine national people's Congress, is a pioneering work, and achieved very good results."

"The National People's Congress is a legislative body, why ask legal expert legal lecture?" In response, Xu Chongde said: "the National People's Congress is a legislative body, butMembers of the Standing Committee of the NPC from all aspects, at present, many science backgroundThe. So, the Standing Committee of the NPC in legal lecture is necessary. Besides, we have a lifetime of legal research, also to continue to add new law knowledge."

On December 26, 2002, General Secretary Hu Jintao presided over the Political Bureau of the Central Committee first learning will, Xu Chongde was invited to explain the constitution at the meeting.

In February 28, 2003, the tenth session of the National People's Congress, the Chinese people's Political Consultative Conference "held on the eve of NPC and CPPCC", a gray haired old man was invited to board the Beijing West Hotel platform, as "the Constitution Constitution, conscientiously implement the comprehensive construction well-off society" is in Beijing, NPC deputies and CPPCC members do part. The platform of the elderly is also China's legal authority Xu Chongde.

■ witnessed the birth of a new Chinese first constitution

In 1953, the promulgation of the new China first electoral law, just graduate, at the people's University as a teacher Xu Chongde was sent to Shandong to Tai'an, in the central interior ministry in rural areas was carried out for the first time the grass root election pilot work team. This is the whole process of an election pilot: voter registration, voter qualification, election...... The team wrote a report, record the dribs and drabs new Chinese first general election.

Xu Chongde said: "the farmers for thousands of years of oppression, for the first time to participate in the election, their enthusiasm is very high. At the time of the minds of the people, have the right to vote is the people, do not have the right to vote is the object of dictatorship." 37 years later, Mr. Xu Chongde revisited. Although has changed, he had an unexpected harvest: participated in the election of a fellow hands from the year, had found a treasure already yellow "voter registration cards".

At the beginning of 1954, the central part from people's University and other units transferred to understand legal professional comrades temporary constitution Drafting Committee work. Be in high and vigorous spirits of Xu Chongde is lucky enough to be selected. "When I was a young man, only 20 years old, I'm in this work as the people's university faculty, then is Comrade Tian Jiaying in the roll call." From the body after the war, the poor people and weak. Xu Chongde knows the importance, basic system and the fundamental law of the state. Although only in the auxiliary work, the main task is to the constitution Drafting Committee finishing materials, and provide relevant materials, and organized to solicit opinions, public discussion brought about materials and opinions, but he experienced the whole process of the constitution drafting, witnessed the first session of the first National People's Congress solemnly adopted the new China first the constitution. He modestly said "I just do".

In June 14, 1954, the draft constitution published in China, the Central People's government issued a notice, calling on people across the country to discuss the draft constitution. Xu Chongde said: "the public discussion, discuss three months. The people of their own constitutions have been longing for, today there is a people's constitution, the people's enthusiasm very. 1954 is the flood, flood washed away roads, railways, the discussions on the transported by plane to Beijing, that is really touched people.

　　"September 20, 1954 at 5 o'clock, Huairen hall in Zhongnanhai, the 1226 National People's Congress passed the 1954 Constitution in the new China first National People's congress.You think, hundreds of millions of people suffering from Chinese feudal oppression for thousands of years, democracy, constitutionalism dream from the beginning of the Qing Dynasty, until this moment will become a reality! This is my life the most exciting moment. The 54 constitution established the basic framework of the new China constitution, is the creation of the world's first constitution Chinese." Xu, still unforgettable draft constitution in the first session of the National People's Congress, the exciting scene.

After 1957, interference in the extreme "left" ideological trend, his academic was criticized for "take the white road". Frequent movement claimed Xu Chongde engaged in academic research time and precious energy. Later, the "Cultural Revolution" broke out, people's University revoked. Xu Chongde was out, the Jiangxi delegation of Yujiang labor. In 1978, the people's University of recovery, Xu Chongde returned to school, to re board the platform.

The National People's Congress in Beijing, Xu Chongde served as the director of the Department of. He is looking for, the introduction of teachers, the preparation of teaching materials and teaching reference materials, recruit and supervise graduate students, at the time of the material life is very poor. There was a written in 1980 in his book "on the readme: over the years, our family of five live in a bungalow, three children a day school. My only child table doing homework assignment, is looking for a small wooden frame on the armrest of the chair as a desk. Published articles are for this, the board not yan."Conditions are so hard, but did not affect Xu Chongde optimistic spirit. "On the socialist democratic rights "," leading cadres should have the concept of law "," question and answer "election system of the representative works are famous in the small board was born. Also in this year, he in the teaching, in the "people's Daily" and other newspapers published academic articles 9, and published the electoral system brochure.

The 75 constitution and the 78 constitution, as Xu Chongde evaluation: "the massive 1975 amended constitution by the fourth session of the National People's Congress passed the first meeting. The text of the constitution which is formed in the 'special historical conditions, not the end of the Cultural Revolution' under ', is the product of the left' thought. It is a lot of the deletion of the constitution must be clearly defined the content, not to the principles of the national life of the fundamental law of the state's role. Massive 1978 amended constitution by the fifth session of the National People's Congress passed the first meeting, it was amended on 1975 constitution text. Because of the historical conditions at that time constraints, the constitution failed to thoroughly clean the 'Cultural Revolution' 'left' during the idea, there are some incorrect political theory concept and does not meet the provisions of the actual situation."

■ "Charter on the ten draft, is Yuyi fine for"

In September 6, 1980, the CPC Central Committee to realize that the Constitution (issued in 1978) has not adapt to the development of the situation, to the fifth session of the National People's Congress third conference timely put forward "about the revision of the Constitution and the establishment of the constitutional amendment committee recommendations", and puts forward the Committee amended constitution of people's Republic of china. The National People's Congress to accept the proposal.

Around 1980, Xu Chongde in a row in the media published the "ten meeting" to amend the Constitution and a number of influential academic articles, has been widespread concern in society. In September of that year, he was named to the Secretariat to the Committee for revision of the constitution of 1982, the important work in research, drafting the Constitution in the Secretary General Hu Qiaomu auspices. After more than two years and zero three months, he had to work round the clock, repeated draft provisions, and proposes some suggestion to improve the draft constitution, many were adopted. In the interview,Xu Chongde said humbly: "formal legislation of my career is technically comprehensive revision of the Constitution in 1982 from the beginning of the."

Xu Chongde memories, 1981, Secretary General Hu Qiaomu is ill in hospital, Peng Zhen directly to the work of the secretariat. "Holiday Garden silence, flat floor bedroom. Progressive poured words, words Nan Jiu sitting. The lamp set between words, paper has raised. Charter on ten draft, is Yuyi fine for." This is a little poem Xu Chongde wrote, describes him on a Sunday night, by Peng Zhenzhao to his residence to work overtime.

Xu Chongde to Peng Zhen comrades admired, he said, the comprehensive revision of the 82 constitution lasted two years and zero three months, everyone in Beijing Yuquan mountain concentrated work more than a year. "Comrade Peng Zhen's hard, Sunday we all go back, he kept on working. At that time, and do well to the Secretary of the group Peng, a written manuscript, Peng Zhen would find study, modify, personally in the manuscript with batch, then call back, to discuss, to draft, the secretariat was almost every two days to print a draft, we can write how many drafts."

The constitutional history of two years, comrade Peng Zhen an angry Xu Chongde was impressed. Committee for revision of the constitution held fourth meetings, one morning, Peng ban is a comrade took two newspaper to Peng really room, for a while, only to hear the comrade Peng Zhen be furious in the room. Originally, the comrade brought the "people's Daily" and Hongkong "Ta Kung Pao". When Hongkong was under British rule, but Hongkong Ta Kung Pao in Beijing held a constitutional amendment fourth meeting of the Committee News, headline in red banner headlines sent half version of the report, full of momentum, and our own party newspaper "people's Daily" only at the corner of 2 inch square fourth version of the lower right corner of the board a piece of news. "Was still in session, started the meeting, Peng Zhen sat on the seat, gas have to go half god. This is the first time I see Peng Zhen's real feelings. After the meeting, the "people's Daily" president, editor in chief has called to, talk about what I don't know, but they came out a face uncomfortable, become dejected and despondent. The second day, "people's Daily" reported the conference and relevant amendment in the headlines position."

In April 26, 1982, the NPC Standing Committee made the decision, announced the draft amendment to the constitution, the people of all ethnic groups to discuss the delivery. 8 at the end of the public discussion to the end of 4, there are hundreds of millions of people to participate in the. Continuous time than the 1954 draft constitution public discussion also long for 1 months. Large scale, the enthusiasm high is hitherto unknown. Let Xu Chongde remember is a worker named Wang Yinxiang Hohhot lock factory, he on that day meeting, wrote to the National People's Congress, proposed in the related problems of land use in the 4 point proposal. The letter, he feared the slow journey, miss time, hurried to the post office for second days, with a monthly salary of 1/4 sent a letter to nearly 200 word telegram representations suggestions. In November 29th, the National People's Congress constitution working group received Wang Yinxiang's advice, and decided to adopt 1 point in his opinion, the draft constitution article ninth paragraph second of the "national security of natural resources reasonable use" is amended as: "the state ensures the rational use of natural resources and land". Xu Chongde said, at that time, there are many such examples many. "The constitutional amendment process, is really chew, every word, every sentence, toss about deliberate modification. I ran out of the constitution draft about 16 large Shanghai, Tianjin city, let masses participate more in the constitution."

In December 4, 1982, after the discussion of the draft constitution passed. Xu Chongde to the fastest speed published a series of propaganda of the new constitution article, and the preparation of the "constitution" China various teaching materials and teaching outline, so that more people understand the constitution.

■ Law: one is of historic and international law

In June 18, 1985, the NPC Standing Committee appointed Xu Chongde Drafting Committee for the basic law of the Hongkong Special Administrative Region of the people's Republic of china. The drafting work experience 5 years, to be completed in 1990. In the meantime, in September 5, 1988, the NPC Standing Committee and appointed Xu Chongde Drafting Committee for the basic law of the Macao Special Administrative Region of the people's Republic of china.

"One country two systems" There was no parallel in history., law is also a new thing. Its content is very extensive, involving economic, political fields, culture and human rights, how to implement the "one country two systems, the fundamental problem" is a special and complicated. For Xu Chongde, this is a new challenge. While working, and learn, adapt, his understanding and interpretation of the connotation of "one country two systems".

In the past 5 years of the Hongkong basic law drafting process, the most unforgettable is Xu Chongde Comrade Deng Xiaoping before and after the three and met the scene. February 17, 1990. At the time of the Hongkong Basic Law Drafting Committee held its last meeting, the draft Basic Law, and decided in the 4 month the draft will be submitted to the National People's Congress adopted. At the end of the meeting by Deng Xiaoping, met with the drafting committee. He spoke with a loud Sichuan accent:"You after almost five years of hard work, has written an historical significance and the international significance of the law."Comrade Xiaoping's comments, made Xu Chongde inspired, excited. He had a poem: "five years of painstaking drafting out, look back at the white light clothes, Deng Gongmian comfort feeling really happy heart tears never dry, night."

In January 26, 1996, the NPC Standing Committee appointed Xu Chongde as a member of the Preparatory Committee of the National People's Congress of the Hongkong special administrative region. In April 29, 1998, the NPC Standing Committee and appointed Xu Chongde as a member of the Preparatory Committee of Macao Special Administrative Region of the National People's congress. As the preparatory committee member, Xu Chongde participated in the production of many important documents. In particular, the workload is the original law review. Hongkong has about more than 640 "Regulations", there are more than 1160 "subsidiary legislation". So the original legal amount, must be approved by the Preparatory Committee strict scrutiny. As for the original law in Macao, as the number of larger.

　　For Hong Kong and Macao return to the motherland, Xu Chongde worked hard for 14 years.In 1997 and 1999, he participated in the British, Portuguese for Hong Kong and Macao handover ceremony, and attended the inaugural meeting in Hongkong, two in Macao special administrative region. "One hundred years of histories like hate, noble spirit at present Da Hai ying!" His verse speaking Chinese century dream of pleasure feelings.

The reporter did not think of is, the interview Xu Chongde said: "in Hong Kong and Macao work can be said to be professional, amateur, my main industry or people's Congress teachers." Xu Chongde has trained nearly 20 years more than 40 PhD students and a number of graduate students. He has been appointed as adjunct professor of China University of Political Science and Law, Wuhan University, Chinese People's Public Security University, Tsinghua University and other schools. Ill Dongdu hibiscus, set up the people's Republic of China, the basic law of the Hongkong Special Administrative Region, Ritsumeikan University in Kyoto; travel across many seas, to USA Yale University published about the people's Republic of China, the basic law of the Hongkong Special Administrative Region. Dear and fifty years grass constitution, hold the pointer for half a century.In September 12, 2003, Xu Chongde's 50 anniversary celebration ceremony and academic seminar held in twenty-first Century Chinese constitutionalism. "Xu Chongde's constitutional development fund" and the establishment of.

 

 

 Xu Chongde Xian Hui Chong virtue on

 

 

25 year old Xu Chongde participate in the first constitution drafting

Http://lux.hexun.com/2010-05-05/123613499_1.html

Many old stories, talking about these stories, over eighty years, he is still low, indifferent. "I stand aloof from worldly success." He said

And Mr Xu Chongde's interview about four in the afternoon, I heard a old day to break the three point. The four point knocked on the door, wearing a cotton nightdress, somewhat emaciated kindly old man appeared in front of reporters.

Xu old living room with a whole wall bookcase, the table was full of book, from the law books to literary theory, people almost do not see below table. Xu boss invited reporters to sit down, smiled and said: "you ask me to answer." The blow on the face and come kind let a person dare not believe, before sitting, is Chinese constitutional authority.

 

　　"Study is not to give up"        

In 1929, Xu Chongde was born in Jiangsu province Qingpu county (now part of Shanghai city) is a small town, was only a few months dad died. Xu Chongde's grandpa is Qing Dynasty scholar, mother is reading books grew up, then recruit some female students at the local, to teach themReading. Listen to the first cantilever cone story, coupled with a family of scholar culture, Xu Chongde grew very pay attention to reading, "I remember when I was a child, mother holds me to sing the poetry of the Tang dynasty".

Later, Xu Chongde on the foreign school, mother to his requirements rather strict, not only learning tasks to complete, but also practice calligraphy.

After the outbreak of Anti Japanese War, Shanghai was occupied by the Japanese, a mother with a young Xu Chongde fleeing, successively in Jiangsu, Shanghai and southern Anhui rural settlement, but no matter where, Xu Chongde will be arranged to local schools to continue their studies, are not affected by the impact of the war effort.

When asked about the youth encounter, fleeing war situation, why still don't give up when you read the book, many old very calmly said: "in any case, I think, is not to give up."

 

　　Learn the constitution decreed by fate

After the victory of the war of 1947, "don't give up." Xu Chongde admitted to Fudan University to study law.

Xu Chongde said, was due to see the Far East military court trial of Japanese war criminals are involved in China judge, was made to study law. "Because of the war, I hate the Japanese invasion of China at that time, think of how they 'whole'. See the weapons of war crimes tribunal use is legal, so decided to study law." Xu said slowly.

But this is only to one of the reasons he choice of law.

Another reason is quite interesting. "Because I didn't pass the math teacher, also have no interest in science." In this way, Xu Chongde began a long "and become" road.

And the constitution become attached to or after he entered Fudan University.

The Constitution also called the state law. In the Fudan University, a teacher called Zhang Zhirang opened a very "fire" course, mainly analyzes Jiang Jieshi enacted during the Republic of China National law. "Fire", the reason is because the teacher speaks very well, the students can also eat with appetite, benefit bandit is shallow. This gives great influence to Xu Chongde, let him like a national law research.

In 1950, after graduation, Xu Chongde was assigned to the Renmin University of China graduate. So it is, Xu Chongde incredibly really was assigned to the study of national law which oneself likes, "fit in exactly with one's wishes", Xu Lao happily recalled, "I said I might be decreed by fate to learn constitution".

 

　　The first stage of universal suffrage

The summer of 1953, Xu Chongde and the students were sent to Shandong Tai'an rural, participate in the first phase of the pilot work of universal suffrage. At that time, the electoral law was promulgated, in "no election law, no universal suffrage" consciousness of the masses and to carry out universal suffrage propaganda work, is a very difficult thing.

Xu Chongde's team begins training local youth league members, step by step in strict accordance with the election law practice, and strive to elections and electoral law was popular, the work went very smoothly, people feel the voter's card is like a piece of "honor certificate".

By chance the first general election, countries also hope can be combined with the voter registration for the census. "At that time, always said we are compatriots, but whether the new China how many people? Can make nothing of it.

The problem. The old man is superior to woman's social thought is serious, local women almost all does not have its own name. What am I gonna do?

"The name Bai", mentioned in this episode, Xu Lao quite proud to say, "I give them a lot of name, tell them, 'this is your name', they are very happy."

 

　25The Zhongnanhai

In 1954, Shandong general election from the pilot to return to Beijing, Xu Chongde was caught when the newly established "the constitution Drafting Committee" to raise or enlarge an army. As study of the constitution "counterparts" people graduate, he was selected into the committee.

All the work committee in Zhongnanhai, just 25 years old Xu Chongde in Zhongnanhai, began his work in the Secretariat data set.

At that time, as a general staff committee, Xu Chongde three main job:

One is the collection of the constitution. The final result is "printed three copies of data", are Chinese modern constitution, the Soviet Union and the people's democratic constitution and capitalist countries constitution.

Two is compiled a "constitutional interpretation". "The leaders are born to fight, to compile a similar to the dictionary of terms to explain to them."

The third work is the key. The drafting of the Constitution in the national consultation, set off a national debate. Xu Chongde is responsible for sorting data groups from around the country for advice.

It is this period of time, China's Huaihe and the Yangtze River Basin suffered devastating floods. But this did not affect the people of constitutional discussions enthusiasm, this let Xu Chongde deep memory.

"When I heard that, in some places, people and flood, and to study on the riverbank." Xu Chongde recalls, "due to the flood, many 'opinions' are first used waterproof paper layers of bundled together, then made a special trip by plane to Beijing. Remove the paper when the mood is very excited, very moved ".

With this move, Xu Chongde in the South Sea and finishing from all over the country's constitution drafting opinions, and be arranged, from millions of views eventually formed a thick "public discussion opinion assembly".

In 1954 September, the new China first constitution in the first session of the first National People's Congress by. Witnessed the scene at the time of Xu Chongde said: "the constitution through the atmosphere is very warm, outside the wall firecrackers four, very exciting."

"The first session of the National People's congress only elect 1226 representatives, why 1226? Because the Huairen hall only 1226 chairs." Whenever I recall these funny little jokes, Xu Lao always show remarkable memory.

In this way, he was only 25 years old young man, the whole process of new Chinese to witness the birth of the first constitution in Zhongnanhai.

 

　Retake his bicycle

"The 'Cultural Revolution' I didn't have much effect on." Recalling the ten years of turmoil was placed under the Jiangxi labor time, Xu Laoping said quietly.

Perhaps, the "Cultural Revolution" for Xu Chongde's "loss" is, this let him lose his diligence from a box of reading card, and the retention of complete set of "Xinhua daily".

Facing these, Xu Chongde seems to be more optimistic. "Old worry is useless, and I don't feel lonely, we are the same." Xu said the old, he always felt, all will be past.

When the red guards in series, Xu Chongde's bike is red guards requisition go. After a long time, has not seen the return, this let him "to heart", has been thinking about.

Then one day, Xu Chongde Shangjie stroll, suddenly found his bike was parked on the roadside. Think of two car keys and a first match in hand, when Xu Chongde opened the car lock the bike ride home.

At that time, to make the old memory is still so calm and interesting.

 

　The teacher

Do a lifetime of "teacher", Xu Chongde seems particularly "duty", has never considered to change jobs, just buried scholarship, students.

The National People's Congress after graduation, Xu Chongde taught. "First class not nervous," Xu said, at that time is the collective preparation for lessons, to write the script, the staff room and then go to the class.

The first student Xu Chongde are facing with more than 5 years working experience Comrades, almost all older than themselves. "I and they are gay relationships, with the later so many students are gay relationships." Xu old half humorous half seriously conclude.

Xu said the old, up to now, he has trained nearly sixty doctoral students, which including Han Dayuan, Wang Zhenmin and other industry elite. "I have what activities should report to them now."

Now, Xu Chongde every year only recruit a ph.. "With sincerity and love to teach you."

Xu Chongde said to him, academic, but also a responsibility, also of interest ", an endless enjoyment". In the face of "why to choose when the teacher" has problems, Xu said the old, to cultivate talent, have. "My mother is a teacher."

Recalling the first winter Beijing graduate school, Xu Chongde said he was very excited, "see Beihai park is full of ice", so on the skating fans. Said Xu Laoqin chess calligraphy and painting master everything, but he said these were used to "regulate the life, adjust the mood", just when leisure enjoyment.

Many old stories, talking about these stories, over eighty years, he is still low, indifferent. "I stand aloof from worldly success." He said.

 

　　Xu Chongde

Born in 1929, Shanghai Qingpu people. In 1951 graduated from the law department of Fudan University, post graduate work at the Renmin University of China, graduating in 1953, he was Professor, doctoral tutor. Constitutional law and administrative law point of establishing the doctorate and host. As the member of Academic Committee China Law Association, honorary president of the constitutional research will Chinese. Hongkong, Macao Special Administrative Region Basic Law Drafting Committee, the Preparatory Committee for the Hongkong Special Administrative Region, the Macao committee.