Our constitution should be how to adapt to the trend of world constitutionalism?

Cao Siyuan

As everyone knows, Mr. Sun Zhongshan has a famous saying: "the world trend, go forward with great strength and vigour; Shun Chang, inverse of the dead." Today Chinese to reform the political structure, can not adapt to the world trend of constitutionalism; and to have a clear trend of world constitutionalism to foreign countries, not the constitution of.

I had the privilege of according to the Chinese Qingdao Publishing House1997Edition of "World Book" constitution contained Chinese and other110A comparative study of national constitution, quite harvest. We would like to choose some of the research results, to share with interested friends.

What is the trend? Although this is not visible, tangible physical, a trend is estimated. I selected the sixteen issues were investigated, in order to110Countries as the base, calculation of relevant national proportion (%), flow can stick out a mile   

1  56%In a referendum in the national constitution, China has not yet;

2  66%The national constitution provides for the independence of judges, at present our country has not;

3  67%A constitutional supervision institutions of the country, the citizens of our country puts forward many suggestions, have not yet achieved;

4  69%National recognition or not to ban dual nationality, our country still prohibits double nationality;

5  74%The constitution of the state without preamble, otherwise4%Countries (including China) constitution preface Scientific Constitution of a damage;

6  75%The state constitution generally implemented local autonomy, our country constitutional law provides only regional autonomy has been practiced in places where ethnic minorities;

7  76%The State Council (or constituency Representative Office) the introduction of direct election, our country is in addition to the county, most only engage in indirect election;

8 85%Countries do not consider the personal name was written into the constitution, and Mao Zedong's name from1975Year was recorded in the constitution;

9 87%Countries do not take any's name was written into the constitution, China is the socialist, Communist, materialism and so on are impressively into the enforcement of the constitution;

10 91%The Constitution stipulates that citizens have freedom of religious belief and religious freedom, China's constitution does not contain religious freedom;

11 91%The state constitution provides not only the citizens enjoy freedom of speech, press, assembly, association, parade, demonstration of freedom, and the fundamental rights and specific provisions guarantee citizens freedom from failed. China's constitution lacks safeguards citizen's basic rights and freedom of the person.

12 94%The State implements the separation of the three powers, the constitution of three powers lack of provisions.

13 95%The State shall open, China's constitution does not establish long-term political affairs open principle;

14 95%Countries do not recognize any party political privileges, China is not the relevant provisions;

15 98%The constitutional protection of human rights, China in this regard is recent progress;

16 99%The state constitution does not provide any dictatorship, only Chinese and Korean constitution dictatorship clause.

It should be said, the vast majority of the state constitution orientation in the sixteen issue, reflecting the contemporary world constitutional trend.2004Years3Month China NPC adopted amendments to the constitution, in Article33Add a new paragraph: "the state respects and safeguards human rights", in the text conforms to the world trend of constitutionalism; but on other issues, shows the date China between constitution and constitutional trend world gap, and the direction of the current China constitutional reform forward should follow.

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