Chinese constitution two faces

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  • / Author: Aaron Lewis
In 1898, Emperor Guangxu to accept Kang Youwei and Liang Qichao et al suggested, political reform, Chinese legal modernization career begins. Although the hundred days of reform was the conservative repression, soon died, but in the huge internal and external pressures, the Qing rulers had to be set in one's way in 1902 appointed Shen Jiaben and Wu Tingfang to revise the law minister, Chinese legal modernization career officially started. "Democracy", "rule of law", "freedom" and other western legal thoughts began to enter people's mind Chinese. By the end of 1905, the Empress Dowager Ci Xi sent five inspection political minister visiting Japan, American in investigating constitutionalism, in 1906 July five ministers going abroad to survey six months after the return home, visited fourteen countries, witnessed the western world political and legal life, realize China to survival and prosperity, in addition to constitutional government, no way to go. In September 1, 1906, Ci Xi issued the edict of "constitutional suit", then China embarked on a pursuit of constitutionalism difficult road.
 
   In 1908 August, the Qing government promulgated the "imperial constitution outline", this is a when the version of the China constitution. This is Chinese history the first constitutional document, the content is divided into two parts, including the "Eagle on the power" and "subjects of rights and obligations". This is in fact the outline of constitution in 1889 "constitution" the Empire of Japan modelled, but set the power of the monarch than the Japanese emperor is bigger, people in the constitution is not the people, but is the subject, the Japanese people of lower status than. Constitutional document the spirit is to consolidate the monarch power, the right of the people is just the appendages. It declared emperor of Qing dynasty rule forever the Qing Empire, the emperor sanctity inviolability. The emperor set the legislative, administrative and judicial right at the same time, the world is your world. The constitution is not actually real constitution, is the essence of the name of the Constitution Constitution of contempt. It never give the people a fantasy, it discloses that the outline is the divine emperor will. It is so despised people, finally turn by ruthless contempt of the people. The Qing Dynasty constitution revealed its authoritarian an ugly face to the people, China elite can not accept such a constitution, finally happened Xin Hai revolution, started the people against imperialism.
 
   A section headed by Sun Zhongshan Chinese, accepted the western democracy, freedom and equality, unwilling to accept the offer humble people in the constitution. These citizens freedom and courage Chinese finally overthrew the autocratic rule of the Qing Dynasty, the Qing Dynasty naked authoritarian constitution never lost opportunity for the entry into force.
 
   In 1912 China the Nanjing provisional government in order to limit the power of future president Yuan Shikai, with only a month's time to rush out the first China ROC Constitution, namely the "provisional constitution of the Republic of China". The Constitution on the western democracy and the rule of law theory as a theoretical weapon, to America and French Constitutional mode, constructs the framework of government China characteristics and national rights. But the constitution is destined to be short-lived legal, as can be seen from her name will soon collapse of the unfortunate fate. The constitution negates the presidential system, confirm the responsibility cabinet system. This constitution, in fact, Sun Zhongshan's heart and also did not agree with. The drafting of a young democratic revolutionary Song Jiaoren, the Republic of China era so, can only be counted as a version of Song Jiaoren's constitution. With the murder of Song Jiaoren, the constitution was to cease to exist except in name. "Provisional constitution of the Republic of China" is a strange face, both America free goddess, and French national amorous feelings. This image of the 1912 era Chinese, how strange, how does not adapt. Set up the Tiananmen Square democracy like 1989 statue mercilessly crushed by tanks, the Northern Warlords heel soon crushed "provisional constitution of the Republic of China" China democracy and free dream.
 
   In 1914 Yuan Shikai the military force as the backing, made a film called "Republic of China Constitution" constitutional documents. The constitution, the president is not only a monopoly of administrative, legislative, military and other power, and can be re elected for life. The yuan down constitution have a clear face: that is creating a regal president. History seems to be back to the late Qing Dynasty, and finally in December 31, 1915, Yuan Shikai ordered an official of the Republic of China to the Chinese Empire, began the restoration of the monarchy. Yuan Shikai has completely thrown away the appearance of democracy, he wants to be a real emperor, do not do a regal president.
 
   After China constitutional stage, democracy and dictatorship, freedom and tyranny, the rule of man and the rule of fight a see things in a blur. Although democracy, freedom, human rights and the rule of law began to take root in the earth, but the Constitution in this war-torn land always ill fated. 1946 in the intellectual and social elite from all walks of life under the pressure of the national assembly of the Republic of China, the Republic of China at the end of a constitution. This is China Communist Party said the bogus constitution is Jiang remember law, made famous by Zhang Junmai is actually the constitution, Republican period, the five power constitution in the name of Anglo American constitutionalism. Although Jiang Jieshi made some modifications to the draft constitution, but did not fundamentally at odds with Zhang Junmai adhere to the aim of constitutional government. Zhang Junmai has thus become the "constitution of the Republic of China live up to one's name of the father". The constitution is a western constitutional Chinese faces life world, western democracy and freedom in the concept of the constitution of the Republic of China. The constitution of the Republic of China "in December 25, 1946 by the National Assembly" by January 1, 1947, published by the national government, in December 25th the same year implementation. The American Constitution in the final Taiwan grow sturdily, let Taiwan become a beacon of democracy in asia. Although the constitution has the look of a significant China color, but her soul is liberalism, represented the highest achievement of the Republic of China in search of human legal civilization, represents the true China dream.
 
   In October 1, 1949, the people's Republic of china. The regime in 1949 February issued "on the abolition of the six laws and determine the principles of justice of Jiefang District instructions", said the break with the Anglo American type of constitutional governance concept. The regime will not only Chinese's most prominent liberal intellectuals Hu Shi as a war criminal, will also be the father of the constitution of the Republic of China Zhang Junmai as a war criminal. The regime not only to the abolition of the constitution of the Republic of China, also have no intention to make any constitutional. Only in the Stalin more international vision of the Soviet dictator's repeated suggestion, Mao Zedong was determined to make a Chinese socialist constitution. This is in the people's Republic of China law almost All the world knows. 1954 constitution. This is a significant Mao color constitution, known as Mao written constitution. In 1975, Mao alive before, made a major revision of the constitution. 1954 is the middle-aged Mao Zedong's version, 1975 is the old Mao Zedong version. Chinese constitutional scholars on 1975 gross remember old version of constitution are critical, but on 1954 gross remember be profuse in praise the middle-aged version of constitutional law. In fact the two the Constitution and no essential difference. Not only that, of the two constitution and Hua Guofeng in 1978 1982 constitution and Deng Xiaoping constitution has no essential difference. The constitution safeguard ruling supreme position, the party is higher than that of the Constitution and the law, the party instead of the rule of law, national power monopoly of truth, monopoly of social and economic resources. Communism as a new totalitarian theory, different from other dictators place is: Communist constitution has two faces. A liberal, a authoritarian. This allows all communist countries are deeply into the mire of hypocrisy, the Constitution and the law and, not much, if any. The general secretary of the Communist Party said to abide by the Constitution and the law, liberal followers often extremely excited, confidence rose, leftists are silent; when the general secretary of the Communist Party claims to strengthen the leadership of the party, against the Western peaceful evolution scheme, the left be jubilant, hold about and give oneself airs, streak liberals yo, fell dejected.
 
     In 1982 the people's Republic of China Constitution stipulates that the second: all the power of the people's Republic of China belongs to the people. Such provisions and the Qing Dynasty's "imperial constitution outline" is completely different, shows the principle of the sovereignty of the people, is the democratic nature of the clause, recognize the people's Republic of China in essence is only one of the Republic of china. The 1982 constitution in article thirty-third: citizens of the people's Republic of China are equal before the law. This shows, the Communist China is a republic, not a part of the people enslaved and dominated the other part of the imperial state or dictatorship. In 1982 the people's Republic of China, the constitution of the Republic of the provisions of article thirty-sixth of the freedom of religious belief, the provisions of article thirty-seventh of the personal freedom of citizens, and so on This is not the only one. One of the most famous is the thirty-fifth Amendment: citizens of the people's Republic of speech, publication, assembly, association, parade, demonstration of freedom. This is almost all liberal legal people are familiar with one, or even other liberal intellectuals also know this one. Such is the constitution of the people's Republic of liberalism.
 
   But 1982 of the people's Republic of China on the people's democratic dictatorship of the first article of the clause, clause third of democratic centralism, article sixth of the socialist public ownership dominant force terms are huge scar in the liberalism faces, destroyed the integrality of liberalism. Many people China law the liberalism constitutional provisions China called "Sleeping Beauty", an attempt to awaken those beautiful spirit. But they are wrong. The constitution is a whole, there are huge scar in the so-called beauty can't be real beauty. Secondly, in 1982 Chinese constitution there is a face, a face of authoritarianism, and behind the face is the constitution of the soul.
 
   Chinese constitutional scholars debate in the preamble of the constitution had legal effectiveness, history will show that they did not understand the nature of China constitutional issues. When the dictatorship of the proletariat such false and cruel words remains entrenched in the Chinese constitution, when the "Chinese people will continue in the China under the leadership of the Communist Party" such words are still the strongest reality in our life and in the constitution of the notes, "Marx Lenin" when in the guidelines, Mao Zedong thought, Deng Xiaoping Theory and the 'three represents the important thought of' "autocratic rule is still the country's creed, when our constitution still claimed that" the basis of the socialist economic system of the people's Republic of China is the means of production of socialist public ownership "," socialist public property is sacred and inviolate ", we will see another piece of face in 1982 China constitution. This is a completely different from the liberal arbitrary face. There is no liberal friendly, but here is full of terrible killing free spirit of the text.
 
   The Russian Communist Party General Secretary Zyuganov has such a reflection on the disintegration of the Soviet Union: "the real reason for the collapse of Soviet communism is the three monopoly system of it, namely the Communist thought I want to say is the truth -- monopoly ideology system; that his power is sacred and supreme -- monopoly power real legal system think I have not said; but can even though welfare -- monopoly interests do privilege privilege system." China constitution real soul is not reflected in its provisions, less dependent on sleeping beauty in terms of the so-called, but intentionally or unintentionally hiding in the preamble of the constitution, with the touch on lightly language wrote China modern history the most heavy sum.
 
   A has two faces of the constitution, a broken in a disastrous state constitution, a constitution, a is essentially the authoritarian constitution, a constitution that the spirit of the constitution the name dead constitution, the Constitution can be called "Sleeping Beauty"?
 
   All care about the Constitution and constitutionalism Chinese must have a clear understanding of this.