Beijing scholars: only two countries in the world to "dictatorship" was written into the constitution
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/Author:
Aaron Lewis
The Chinese, constitutional reform, keep up with the trend of world constitutionalism has been higher and higher.Cao Siyuan's famous constitutional scholars China speech in America Stanford University recently, about his research in one hundred and ten countries around the world the result of constitution, tell people what is the world trend of constitutionalism.
Cao Siyuan gave the reporter card that read: Director of Beijing Siyuan Social Science Research Center, Beijing Siyuan annexation and Bankruptcy Information Office director.Speech by the moderator, he and several big name: Cao bankruptcy, Cao Dadan, Cao Xianzheng.Cao Siyuan has presided over the drafting China first enterprise bankruptcy law, boldly put forward the protection of private property and the protection of human rights written into the constitution of people's Republic of China, in recent years he has tried to promote the China constitutional reform, the China constitution and constitutional trend world no longer draw further apart.
What is now the world's constitutional trend?Cao Siyuan studied one hundred and ten countries of the world constitution, gets sixteen conclusions, in his speech on eight of them: "Four Haves" and the "four no".
"Four Haves": 66% constitution stipulates the independence of judges; 67% countries have constitutional supervision mechanism; 75% national rules generally implemented local autonomy; 91% of the national constitution provides not only the citizens enjoy freedom of speech, press, assembly, association, parade, demonstration of freedom, but also the specific terms to guarantee citizens the freedom from the lost.
When it comes to the constitutional supervision mechanism, Cao Siyuan said: "the 67% countries in the world have the constitutional supervision mechanism, mainly is the supervision of the court.USA is the highest court of constitution supervision.Some of the special court of constitution, and constitution committee, or the constitution supervision committee, etc..But China no."
Cao Siyuan told the audience, he once again wrote to the National People's Congress, suggestions China establishment of the constitutional committee.He said: "Peng really when Chairman of the research, and shall not be adopted.Miles when the chairman, to study.Li said,
establishment of the Constitutional Commission, the Constitutional Committee Propaganda Department if found unconstitutional doI dare tube?He embarrassed.Finally, through his secretary phoned me: Cao Siyuan, come on, we can not accept your suggestion.Makes China has no constitutional committee, not in most of the 67% countries in the world."
Cao Siyuan in a speech about world constitutional trend of "four not" is: 85% countries do not consider the personal name was written into the constitution; the 87% countries do not take any doctrine to write into the constitution; the 95% countries do not consider the special name of any political party to write into the constitution; 99% of the country's constitution does not provide any dictatorship.
Talking about "dictatorship", Cao Siyuan said: "in foreign constitution, only one country has written to implement 'the dictatorship of the proletariat', that is the Democratic People's Republic of korea.After the comparison, we wrote 'dictatorship', so the domestic and external together, only two countries in the world: the people's Republic of China and North Korea, the 'dictatorship' written into the constitution.This glory?I don't think so.What a world constitutional trend, 1% of the 'dictatorship' was written into the constitution, or 99% not the dictatorship was written into the constitution, on behalf of the world's constitutional trend?"