"Chinese context and political implications discussed" a word -- to discuss the draft constitution of 82 years as the background of

"Chinese context and political implications discussed" a word

-- to82Observation on the draft constitution as the background of the year

Zhang Jin

"Discussion" is one of the most important words in the political life of China.82It is often considered to be the best constitution, partly because of such a good reason: the draft constitution passed one of the most widely, the most thorough, most enduring "discuss" process.[1]In fact, the "discussion" has become a China unwritten constitutional procedure, this procedure is that the Constitution itself legitimacy democracy according to the important. The draft constitution through extensive and in-depth "discussion", democracy is not only embodied in the constitution of the system, it is also reflected in the constitution produce, the constitution could be called "the people's charter".

But, as Sartori said: "the more we are 'discussion needs', more is to discuss how to discuss".[]In the Constitution30Year on year, back in history to observe once "discussion" is how to organize and expand? In the process of constitutional decision, to participate in the discussion of the "people" as the extent of the "master"? "Discuss" capacity or political implications in the context of how China? These problems, even in today does not lose its realistic significance. Of course, I have no intention to establish a discussion on "value judgment" itself, as the "discussion" is the embodiment of the "Chinese characteristics of constitutional democracy", or that "Chinese from constitutional how far", is not the answer. In short, observation is own, the conclusion is different.

A "discussion", preparation

The constitution is the party under the leadership of the people to participate in the drafting of the. As the draft constitution "discuss" provides thought foundation and organization for revision of the constitution, is the decision makers -- the Party Central Committee -- mission.

(a) "on the basis of the thought of" -- on the basis of, instructions and standards

Comrade Peng Zhen said, "the Communist Party of China eleven session of the six plenary session of the" about the history of the party since the founding of several problems of the resolution "(hereinafter referred to as the" decision ") and this year's meeting of the Twelfth National Congress of the file, get the support of the people throughout the country, to provide an important basis for the repair."[]These files can be modified according to the constitution "", Impose not of the will of the party, but because "the support of the National People's". Not only that, these files will certainly become a constitutional amendment "to discuss" the people need to learn and understand the basic concept. "The resolution" and the "Twelve report" relative to the "constitution" of importance, we can be observed from the following details.

Modify decided to set up the secretariat the first meeting of the committee responsible for in the constitution, constitutional amendment with Hugh work. Hu Qiaomu was appointed secretary general. However, "the main energy when Hu Qiaomu on certain questions in the history of the party on the draft resolution, the Secretariat work is mainly Hu rope grip." "Resolution" draft is completed, "Hu Qiaomu find Deng Xiaoping, say not good, the body needs to rest, not care to amend the constitution to work" the resignation of the constitutional amendment Committee secretary. Later, Peng Zhen assume the task of investigating the drafting of the constitution, put forward to want to Zheng Bijian to participate in drafting the constitution to Hu Yaobang, but Hu Yaobang also to Zheng Bijian "but also to the Central Committee document" as an excuse to be rejected.[]

Hu Qiaomu is no doubt the first person to host the constitution recognized by the central government to revise, but the drafting of the drafting of the Constitution and the party "resolution" happened time conflict. Hu Qiaomu concentrated on the latter, the focus should not only focus on Hu Qiaomu himself, but the central. From this point of view, "the constitution" and "resolution" is important it is self-evident. The Constitution itself is not a "Gang", "resolution" and the "Twelve report" is the constitution "". BecauseHave a history, "resolution", the "big twelve" report, the draft constitution "discussion" is a clear direction, "discuss" differences in only the judgment pointer.

History will not forget, the decisive role of main leaders Deng Xiaoping. The important speech of Comrade Deng Xiaoping and "instructions" is an important basis for the draft constitution "discussion". To discuss the important speech Deng Xiaoping on the draft constitution does not arise with confused the constitutional amendment Committee in. "Discuss" mainly between Deng Liqun, Hu Qiaomu, Peng Zhen and a few other comrades and the Central Political Bureau meeting. Deng Xiaoping are often on the Secretariat to the reading of the Constitution Revision Commission in the "discussion" the major issues involved in the "instructions", for example, "to Marxism Leninism, Mao Zedong Thought in the preamble to the constitution, not to mention the provisions in"; "a new constitution to give people a new look like, agree 'rights and obligations' placed in front of' national institutions' opinions"; "the establishment of national chairman"; "procuratorate still maintain the status quo, not merged with the Department of justice".[5]Comrade Deng Xiaoping to "discuss" opinion "instructions", often cannot be understood as Comrade Deng Xiaoping above the Committee for revision of the constitution, and should be understood to attach great importance to party leader of the constitutional amendment. In China, "leading to" the key factor is itself a cause to promote the. "Hundred year tide" the magazine is this evaluation: "Comrade Deng Xiaoping personally guided this constitution. He look far ahead from a high plane, over in one's mind, decisively proposals for revising the constitution of the drafting of a new constitution, the major problems encountered in the process, especially a series of national system, timely, clearly put forward opinions, the formulation of the constitution play a decisive role."[]

What problem should not or does not need to be "discuss"? In order to avoid the "discussion" into the boundless. "Major differences on how to distinguish the" appeared in the non? The need to establish standard. "Discussion" at the beginning, perhaps thinking is not unified, perhaps by Deng Xiaoping "emancipate the mind, seek truth from facts, looking ahead in unity" speech inspired, "comparison of emancipating the mind the revision of the constitution, many important national system problems are discussed: if can establish 'separation of the three powers' system; is unicameral, or engage in bicameral; is to continue to engage in the system of regional ethnic autonomy, or engage in republics, the federal system; problems and the establishment of constitutional supervision committee." Also includes "the constitution to write on the stick to the four cardinal principles in dispute." []In the face of such great deviation, comrade Peng Zhen established the "discussion" tone, he in the constitutional amendment committee secretariat meeting put forward the concept of "four principles of unity of thinking". Since then, matters in this tone range (e.g., adhere to the four cardinal principles, not to engage in a bicameral system, nor do we separate the three powers etc.) do not need to, but should not be discussed. Not only the four cardinal principles itself not only should not "be discussed", adhering to it or "discussion" of non standard. Xiao Wei Mr. cloud says, "in the constitutional amendment process, there are a lot of opinions, also met many problems, what what to write, how to write? To have a standard to measure. This standard is the four cardinal principles. With this standard, the revised constitution will be smoothly done or easily solved many problems."[]

(two) "to discuss" the organization

"Discussion" to be under the leadership of the party, which is to ensure the "discussion" needs to have a correct direction, is also a "discussion" to further guarantee. However, only emphasize the leadership of the party is not enough, also need to consider the "discussion" democracy, comprehensive, professional requirements, to achieve a comprehensive consideration, in order to play "discussion" benefit by mutual discussion. But the leadership of the party and to achieve dual considerations, depends on the careful arrangement.

1980Years8Month18DayThe speech of Comrade Deng Xiaoping, the enlarged meeting of the Political Bureau of the CPC Central presents a comprehensive revision of the constitution of the main problems and suggestions on Amending the constitution, which must be solved in the comments. The next day, he wrote in the review of the Constitution Revision Commission list: "the constitutional amendment committee list I agree with Comrade Chen Yun's views. People inside and outside the party the proportion of three seven or four six can be."[]

 "Review" and "ratio" is one of the key words.The "right to decide who can enter into discussions", in the overall sense, also to grasp the future direction of "discussion".Visible, in the view of Deng Xiaoping, Chen Yun, to participate in the Committee for revision of the constitution of the people, Party members and people outside the "scale" is not very important, even the party ratio can be low, so that people will think more democratic. It is important, what people can or should participate, must be made by the party and party leaders to "review". As for what, is to become members of the standard we can make nothing of it, butDeng Xiaoping once said, "there are a lot of selecting cadres, standard, mainly two, one is support for the Third Plenary Session of the political and ideological lines, one is the party spirit, not to engage in factionalism."[]The first criterion Deng Xiaoping should be standard, democracy, constitution committee for revision of the comprehensive, professional and also may be the party leaders to consider the standards, but these standards are not seen in any open text, all standards are contained in Deng Xiaoping, Chen Yun and other leaders of the "review" process.But for the constitutional amendment Committee -- especially -- people outside the party, to participate in the Committee for revision of the constitution firstly because of the party's trust, then, in a proper way to return the party's trust is a question that needs careful consideration[11].

"Review" is the result of the Central Committee of the Communist Party of China, not only to the Standing Committee of National People's Congress proposed to amend the constitution "advice", but also put forward a constitutional amendment the committee "recommended list". The "recommended list" no accident, all the National People's Congress appointed as full members of the Committee for revision of the constitution. The CPC Central Committee put forward is a "proposal", but with the political system, Chinese nobody who naively, just think of it as a "proposal". "Review" and put forward the "recommended list" represents the leadership of the party, and "ratio" is a comprehensive democratic symbols.

Obviously, the lofty status in the constitutional amendment committee members are in fact not often participate in drafting the Constitution and daily discussion. This is not because they don't pay attention to this work, but they are too busy working, age has higher reason.So, in the constitutional amendment committee first plenary session, a core group --The Secretariat --They set up. As a working mechanism, which does not need to consider the "proportion", but also with respect to a large number of people outside the party to participate in the Committee for revision of the constitution, the Party issued a directive is also more convenient and more polite directly to the secretariat. In this way, the Secretariat will work under the direct leadership of the party. The Secretary as much as Mr Xu Chongde memories,"We draft a constitution......The democratic process and the leadership of the party in combination. To change a draft to the Secretariat of the Central Committee sent a draft."[12]

The Secretary in the role of the constitutional amendment is important in. Firstly, the Secretariat is the main author of the draft constitution. The constitutional amendment Committee plenary meeting "to discuss" the draft text is provided by the secretariat. Or, the Secretariat is "design and providers discuss framework". Secondly, the constitutional amendment Committee read from various aspects of the draft constitution is of the opinion that after the Secretariat carefully sorted out and selected, and this "sorting and selection" process but also to some extent affected "theme and to discuss". Once again, the Secretariat also invited parties to participate in various constitutional symposium, symposium. This "invite option" certainly not random and arbitrary, invite who attended the symposium will directly affect the "discussion" will form the mainstream opinion of what. So,The Secretariat is perhaps the committee to revise the real "in action" constitution, the Secretariat under the leadership of the party to a large extent the "discussion" about the procedure, content and direction.

Two, discuss the constitutional amendment Committee ""

1982Years2Month27DayTo amend the constitution, the Committee held its second meeting, the meeting presided over by Peng Zhen, Hu Qiaomu made "on the draft constitutional amendments (Draft) description". At the meeting, comrade Peng Zhen said, "on the manuscript can be increased, can be reduced, can be small change, can be changed, can also be overturned," but stressed that "our policy is the actual Marxism general truth and Chinese combination".

According to the committee, group discussions and the opinions of constitutional amendment, the Secretariat of the draft constitutional amendments (Draft) made modification. Among them, 'Introduction' Co11Section, there is10Some modifications are made, also added a provision in all140A (referring to the draft, later formalized by the Constitution138A), a83A revised.[13]

From the changes in quantitative terms, "discuss" achievement. But the revision committee discussed basic does not involve matters of principle. For example, there was some social problems, some couples divorced, both sides do not raise children; also, some son does not support his mother. In this regard, "the Committee for revision of the constitution committee members believe that the constitution must be regulated There were many discussions.". "In this context, the constitutional amendment Committee according to the committee's request, and adding second and fourth paragraphs in the forty-ninth article, the provisions' parents have to raise and educate the minor children of compulsory, adult children have obligation to support and assist parents'."[14]"There were many discussions." matters in general is in some places. "Of these records and discussions of the most direct impression,All the discussion and debate are not about the basic national policy of social structure, the state power organization and the state of the several most important provisions of the Constitution,The rights and obligations of citizens debate has focused solely on the other, details of the local,There is no fundamental positioning affect citizens relative to the state power."[15]

4Month12DayTo21On the revision of the constitution, the Committee held its third plenary meeting to discuss the draft constitutional amendments (draft). Hu Qiaomu made a statement on the draft constitutional amendments (Draft) to modify the. This description is very detailed report according to you last meeting to discuss the comments, made to 'preface' and each chapter and the provisions of the amendment, to did not adopt the views, are also presented. Members who attended the meeting and comrades and9Days, chapters and sections detailedly discussed modification, amendment draft a constitution.[16]

"Discussions" with respect to the majority but does not depend on the most. "Discussion" in the "opinions" can be absorbed by the draft, depending on whether the "adoption", and "adopted" decision of the CPC Central committee. Deng Xiaoping has the best interpretation: "people's views on the course, there is also wrong, to analyze. The correct views the leadership of the party is to concentrate the masses of the people, give appropriate explanation for incorrect opinions".[17]According to this logic, the need for the following treatment on the "opinions": one is to analyze the. "Opinions" as many people, analysis essentially just for the constitution "decision" material. Two is the judgment. Judgment is the result of the analysis, which is on the "correct opinion", which is "incorrect opinions" and "the right to judge and appropriate advice" be adopted. The three is to explain. "Don't take" but to "explain", it reflects the views of the attention, but not like a clay ox entering the sea. Especially when the opinions from people outside the party, religious leaders, to provide patient explanation also contains a kind of respect. Not only that, "interpretation" is not only a process of taking a tactful way to reject the "incorrect opinions and inappropriate comments" way, more is to clarify a path to the correct position of the party.

1982Years11Month23DayTo amend the constitution, the Committee held its fifth plenary meeting. Hu Sheng's constitutional amendment last revision draft explained, the members agreed that the draft and the draft on the instructions. The conference passed on to the five session of the National People's Congress five session "draft" of the people's Republic of China constitution revision bill.[18]

Members of the Committee for revision of the Constitution on behalf of the Chinese elite. The overall impression is the revision of the constitution, in the plenary session of the committee to draft some contents of chapters and sections headed "discuss" content mainly focus on the wording of the Polish and all the minor details. In this sense, the elite contribution to the wisdom, promote constitutional completeness. But for the "decision", "discussion" more important significance lies in the understanding of elite and reachConsensus. "The members of the committee agreed to" demonstrates that the group consensus has achieved the purpose of.

Three, national debate

  Only the elite consensus without the support of the people, the constitution will lose the foundation.1982Years4Month26DayThe National People's Congress Standing Committee, decided to publish the draft amendment to the Constitution and the people of all ethnic groups to discuss the delivery. The public discussion, there are hundreds of millions of people to participate in, continue for four months, than54The draft constitution of the public discussion also long1Months, the scale, the enthusiasm high, hitherto unknown. "All the links in the" discussion, national debate is undoubtedly the most memorable scene, the most classic.

National debate is first a "launch -- response" process. "Start -- response" mode is our common paradigm of political life. "Launch" positive "response" means those who launched the prestige and the people support the launch, also shows that launched the matter itself is popular. After the National People's Congress Standing Committee draft decision delivered public discussion, in order to call on people to actively discuss the draft constitution, the major media have published the mobilization of the article.[19]At the same time, people's warm "discuss" scenes and Party committees at all levels actively launch closely connected.As Comrade Peng Zhen emphasizes, "the draft constitution modification of public discussion, by the Standing Committee at all levels of the organization responsible for the. But to do extensive discussions and the people of all ethnic groups, the proposed amendments, must be in the leadership of Party committees at all levels."[20]­On the mass of the people, since the national debate is the party "start", then "response" is positive, it is first of all a party that attitude, not only is the draft constitution text is concerned; the constitution of the "decision", the discussion itself is also a test, test whether that Party represents the vast majority of the will of the people. The test results is self-evident, have all the people's enthusiasm "response", we can know that one and the same conclusion: Mao Zedong "this draft constitution, seems to be popular".

During the national debate is a democratic centralism, benefit by mutual discussion. "Without democracy, not opinions from the masses, they could not make good route......If there is no democracy, no understanding of information, the situation is unknown......It is hard to avoid is not subjective, it is impossible to reach a unified understanding, unified action, can not achieve real concentration."[21]Through a discussion of this democratic ceremony, on one hand, people express their wishes,Contribute their wisdom, master consciousness be excited, democracy is not an empty phrase.On the other hand, because the foundation had democratic debate, "centralization and unification" has the scientific nature and legitimacy. Therefore, the significance of national debate or the most important is that it is "good form a unified national people's opinion" (Wang Hanbin language).

National debate is a learning and education process. The stand of the party was not all people can understand. This requires the masses "learning in the discussion, discuss" in the study, so as to grasp the party's sweep down irresistibly from a commanding height, passive obedience to consciously embrace. As Comrade Wang Hanbin said, "through public discussion, so that the majority of people on the draft of the guiding ideology, basic spirit and content of the understanding, improve understanding of socialist democracy and legal system, Be in power to enhance the sense of responsibility, but also promote the production and work"[22]

In short, in the discussion of the constitution,A "should be ordered, day of courtesy and music, and the successful completion of education",The masses in which democracy, accept education, raising awareness, enhance mutual understanding.Compared with the America convention very few dozens of discussion, discuss the fields, the organization will send constitutional views, like snowflakes flying letters constitute a beautiful painting of the picture.[23] "The people's cause the people to people's love, the people's power" to get the best description.

Four, "discussions" in Discourse

1, overall satisfaction, local Polish -- an overall impression.

 "Generally believe that the discussions, the draft amendments to the constitution of scientific summary of the historical experience of China's socialist development, reflects the common will of the people of all ethnic groups and the fundamental interests of the, is in line with national conditions, to meet the needs of socialist modernization. The discussion also put forward opinions and suggestions of various types of large. The constitutional amendment Committee Secretariat according to these opinions and suggestions on the draft, and carried out a revised, many important reasonable opinions are adopted."[24]

The above text, we can find a "discussion" question the usual way of expression, namely: sure, the local Polish population. In the discussion of the draft constitution, the speakers are usually in the fully affirmed the guiding ideology, basic system draft text of the correct basis, to put forward their own views "". There is a "general will" attitude, "opinions" will be regarded as "constructive suggestions". The process of the views expressed, the members of the committee, the forum participants constitutional amendment that public discussion is basically this caution, with great care, the attitude of humility. Even as Sun Yefang members to the Committee for revision of the constitution writing, suggests to cancel1978Articles about the leadership of the party and state the guiding ideology of the year in the constitution, also will be emphasized "OnlyThere are China Communist Party leadership Chinese people to achieve socialist modernization, that's for sure. But, finally realize the leadership not to rule by law, the model but on the party's correct policies and the leading role of the party members".[25]

2Understanding and insight, be of one heart and one mind -- a picture

"Discussions" in the comments, and will not be absorbed by the. For example, the vice chairman of the CPPCC National Committee Liu Lantao reflects some CPPCC members comments to Hu Qiaomu, hope to the Chinese people's Political Consultative Conference "in political consultation, democratic supervision" function to write into the constitution. This proposal is clearly and Deng Xiaoping on issues related to the instruction counter.[26]Then, according to Deng Xiaoping Hu Qiaomu spirit of the instructions, to the relevant committee described.

"Hu Qiaomu, we understand that. CPPCC Vice Chairman Liu Ningyi, Sun Qimeng sent a letter to Hu Qiaomu said: "many comrades to modify tree comrades plenary meeting of the third committee is described in the constitution, that it can solve the problem. We hope that the comrades of the tree that's part of the record, issued to amend the Charter Committee of the cppcc."[27]

In the observation of field of vision, in the course of the discussion, almost all dissent, through the description and interpretation can be understood.

In the drafting of the draft constitution, there is such a detail:

One night, comrade Peng Zhen for not sleeping comrades on the draft constitution, Professor Xu Chongde, Professor Wang Shuwen, comrade Peng Zhen put forward to writing in the prologue20Four events century. After listening, "Wang Shuwen 'insight: to overthrow the feudal monarchy, to overthrow the three big mountains, complete all the system reform, the economic development of the four major events, summarizes the20Century occurred in the Chinese great historic change. ' Peng Zhen carefully again and said: 'the first thing, is led by Mr. Sun Zhongshan. After three, are Chinese Communist Party led the Chinese people in Marxism Leninism, Mao Zedong thought, under the guidance of victory. The four cardinal principles, in them! ' Gaoming! Xu Chongde and Wang Shuwen could not but sigh in mind. The four event, occurs in Chinese historical fact, nobody can deny."[28]

Look, what kind of things can be included in the four events, is basically no need to discuss. Commenters first need to "understand" the party know what one is about, and then hit section of a good thing -- "smart!". In the following discussion, discuss the members, experts and scholars are mainly focus on "how to express this warm and four major events". As Huang Yanpei said, "to follow the fact run theory".[29]"Discuss" not opposing positions of confrontation, but rather a heart to think, an effort to make, mutual understanding, actively grasp of, be of one heart and one mind perfect constitutional means.

3Euphemism, and obscure expression -- an expression of Art

Discussion from different angles or positions, can hardly be avoided differences and differences in understanding.Differences emerged during the discussion, also occur. Either support or oppose, discuss the reason to express the Constitution in the process, often aren't the real reason. The real reason to the listeners to "taste", "those words not express".

1982Years to amend the constitution. To write 'Republic of China' have different opinions. Some people think and write easily reminds people of Jiang Jieshi government to slaughter Communist behavior. So, not to mention the 'Republic of China'. However, the majority of people believe that. This is a historical fact, should respect history.[30]

Supporters of the reasons is written on the Republic of China, because "this is a historical fact, should respect history". But it does not explain why not write the reform movement of 1898, the Anti Japanese War, the ten years of the Cultural Revolution? Perhaps the real reason is the inheritance relationship between Sun Zhongshan's political tutelage, party political ideology and adhere to the leadership of the party, and reflect on respect of democratic parties. Similarly, opponents of the reason is,"Easily reminds people of Jiang Jieshi government to slaughter Communist behavior" is also very far fetched, because,The Republic of China is obviously not Jiang Jieshi of the Republic of China, it is a "puppet regime" is not recognized. Anti perhaps the real reason is perhaps not want to form the inheritance relationship between the people's Republic of China and the Republic of China in the constitution, but also to weaken the role of non communists. However, the reasons for and against are inconvenient expression. Here the author provides only a real reason possible hypothesis, the author does not know the real reason is that what. What is the real reason? Yu Benwen is not important. But to be sure, the reason why the real reason and expressed nothing, has nothing to do with the historical fact.

Similar situation also appears in the54This year the draft constitution.

"In the process of drafting the constitution, He Ningxiang and other committee members thought that the Constitution be not easily won, so I hope in the introduction in detail between China's constitution and the constitutional system of the different political forces in the long-term struggle history. Considering the history although the great significance, but not in two words or three can be said clearly. If the detailed narration, is bound to writing lengthy, global with the code will be very inconsistent.[31]

The He Ningxiang Committee's opinion, in82Achieve annual constitution preface. So "writing history will lead to lengthy preface text" opposition, actually does not hold. So, really worth thinking is: in the beginning of the founding of the54Why not write the history of constitution82Why should the constitution writing history? Why He Ningxiang and other members of democratic parties want to express the history of struggle in the introduction? They want to express is a kind of history? We can't know for sure. But can measure is, they want to express history may not (or not) under the leadership of the Communist Party's struggle history. And in the82In the preamble to the constitution, we saw the history is mainly under the leadership of the Communist Party's struggle history, historical conclusion is drawn: without the Communist Party there would be there'll be no new China, only socialism can save Chinese. So, we can understand why54The constitution is not to write history, because at the time of the writing of history at least not half sentence conclusion. This measure may be subjective, regardless of54What is the reason the Constitution does not write "long struggle history", to be sure, it has nothing to do with "long".

So, we see, we see in the discussion of the reasons are not the real reason, real reason sometimes hidden in the most participants discussed quietly understanding. Of course, I have no intention Overgeneralization, but stressed that one of the main means of expression. In fact there are more intense sound, such as in the discussion, the committee's speech, but this just a few.

Five, "to discuss" the significance -- a political art

"Discussion" is such a grand and limited participation process. For such a huge "discuss" participation in the group, critics say,"Such a large constituent organizations,Immediately shows the characteristics of new China constitution:The process of constitution making is a process of power factor is greater than the wisdom of elements. The constitution more concentrated,Individuals will be able to effectively play its one's ability and cleverness and foresight,And too many organizations first consideration is the control of these organizations,Only the essential to command and mobilize these organizations and social power,Is the real determinant of the constitution."[32]The researchers will USA convention analogy with the. Our constitution drafting process has obvious characteristics of "power", but, in the main drafting the Constitution too complex, distributed, so that the vast majority of participants are not able to put into a full range, essential to this work, from the "legal" angle, this is a defect. However, this analysis may ignore a premise: in China, party and party leaders are believed to be set "power and wisdom elements" in a body. The leaders of the party is the most "have farsightedness", and this "have farsightedness" sometimes is based on the party organization and have "collective wisdom", sometimes leaders themselves beyond the ordinary insights based on. And, our constitution "decision" did not think America assembly model is praiseworthy, because it is one of the few people's democracy, we must use "the huge constitutional organization group" to "our democracy is the majority of people democracy" to provide proof of politics. "The first is a discussion ""The art of politics""The law, not technology". This "political art" can be understood from the following three aspects.

 (a) "-- discuss" process of consensus building.

"Discussion" based on a cognitive: the social from all walks of life, people of all ethnic groups are consistent in the fundamental interests of the. So, "discussion" is not a Sartori said that "any objection, the background of dissent and opposition."[33]We have "opposition and dissent", but not "the opposition". Even those "opposition and dissent" is based on "the fundamental interests of the agreement",Expression of euphemism in unity, harmonious atmosphere."Discuss" not open, free debate, but has a premise, implied a certain in the first constraint "discussion", is based on the spirit of the document study, based on expanded understanding of party leaders "instructions".In this sense, "discussion"Not to quarrel, confrontation, but a process by persuading, propaganda, education, and other means of unifying the understanding explanation.In the "discussion" in the process, various "incorrect ideas" is correct and eliminate, deepen the understanding of the "right" understanding,"Discuss" as "the swamp of the wind, it with fresh air to drive away the miasma".[34]The party's "consensus" provider role in the discussion, the Committee for revision of the Constitution and the social from all walks of life discussion can be carried out together with the parties and the intellectual elite consensus, national debate can condense the consensus of the people.Since the party to represent the fundamental interests of the people is certain, then, discuss the ways ""The realization of "the will of the Chinese people to the correct position of the party," up "has become the biggest significance discussion".

(two) "ceremony -- discuss" democratic participation.

"Discussion" and "democracy, but the primary focus on democracy" is "participation" rather than "decisive". It and "classical era expression of citizen 'assembly' of the 'discussion' semantics is different", it is "more of a flexible concept, removed the 'battle' strength".[35]Participants are not to become a member of "" decision, but by way of powerful, make their views to the maximum extent caused the attention of policymakers, participation purpose even reached. "What about"? What decision? Perhaps is not important, important is the drafting of the democratic parties, the intellectual elite, the people have the opportunity to varying degrees in the Constitution in the constitutional democracy, from the interpretation. National debate itself and the right sense of the "referendum" independent. People actively participate in the "discussion" more is not a right but a responsibility, excitation is a kind of call and mobilization of sense of responsibility, sense of mission, is a response to the party's call "echo board" and "resonance box", "the rise and fall of the world expect everyone to do his duty" modern narrative.

(three) "program to discuss" -- the collection of information.

"Discuss" process is not what Dahl said "the freedom of expression not only means that we have the right to speak to our point of view, it also means that we have a right to hear the views of others".[36]All kinds of information and opinions "discussions" in the constitution, is not at all between the "discussion" participant information complete interactive transmission. It is generally one-way, from "the organizers to discuss" (Secretariat) will be a variety of complex collection of ideas, and the key to the central reporting, providing reference for decision makers, "let us know some sounds and such, so the society." (Mao Zedong language). In this sense, the "discussion" is a constitutional "decision makers" The information gathering process.

Have to admit, to30"The draft constitution of years ago to discuss" as the object of observation, may not show all the implications of "discussion" of the word, but it is for us to understand the "discussion" China context and political meaning of a word meaning the specimens should be no problem.30Over the years, once the "discussion" has become history, but we can do not have a long history. In fact, history is never far away.

 



[1] According to82In the drafting of the constitution of Comrade Wang Hanbin recalls, "in the drafting of the Constitution in the process, the Central Political Bureau and the Secretariat of the Central Committee held a special8Discussion at the meeting, the committee to amend the constitution held5Meeting modification, including3Time is the chapters and sections are modified one by one, and were among the people4This month, it drew the five session of the five National People's Congress adopted." (see "hundred year tide" magazine article: "a1982The process of drafting the constitution of the year (a) -- an interview with Wang Hanbin",2011No.2Period, the4Page) Mr. Xu Chongde also said,1982Years of constitutional preamble "both from the conception or from its content, rhetoric to evaluation, it is a high level of work. It comes from the numerous expert hand, batted, changes of the draft, is the crystallization of collective wisdom." (Xu Chongde: "people's Republic of China constitution history" (below), Fujian people press,2005Year edition, No.480Page)

[] [Beauty]Joe·Sartori "new democracy", Feng Keli, Yan Kewen, Oriental press,1993Year edition, No.3Page.

[] Peng Zhen: "with regard to the draft report" to modify the constitution of the people's Republic, contained "constitution" selected materials, The Open University of China press,1985Year edition, No.168Page.

[]Relevant facts see "hundred year tide" magazine article: "a1982The process of drafting the constitution of the year (a) -- an interview with Wang Hanbin",2011No.2Period, the7Page.

[5] Liu Zheng: "Deng Xiaoping and1982Year "," constitution contained the people's Congress of Shanghai ",2006No.3Period, the54Page.

[]See the "hundred year tide" magazine article, "a1982The process of drafting the constitution of the year (a) -- an interview with Wang Hanbin",2011No.2Period, the4Page.

[] Cai Dingjian: "history" -- course of legal system construction of new Chinese, China University of Political Science and Law press1999Year edition, No.140,141Page.

[] Xiao Yuyun: the "birth" of the current constitution, Peking University press1986Year edition, No.94Page.

[]Liu Zheng: "Deng Xiaoping and1982Year "," constitution contained the people's Congress of Shanghai ",2006No.3Period, the54Page.

[]The Central Committee of the Communist Party Literature Research Center: "since the third plenary session -- selected important literature" (on), people's publishing house,1982Year edition, No.163Page.

[11]The author thinks, the other eight parties China are collectively referred to as "Democratic Party", not primarily because these parties more "democratic" than the Communist Party, but the eight parties as evidenced by the presence of "democracy of the Communist Party of the mind". Therefore, the constitutional amendment Committee in a large number of members of the democratic parties participate in, is the embodiment of the spirit of democracy in the party constitution amendment, a kind of respect is the Communist Party of the Democratic parties. There is also a should not be overlooked details: the Communist Party is both an old friend and an important symbol of democratic personages of Comrade Song Qingling was appointed deputy director, then,1981Years5Month16DayEighteenth meeting of the Standing Committee of the Fifth National People's Congress passed the "on the award Comrade Song Qingling of the people's Republic of China honorary chairman, honorary title decision". Perhaps is related to health reasons (process in the constitution of discussion, comrade Song Qingling has serious illness), seen from the publicly available reports and memories in the article the author did not see Comrade Song Qingling published opinion in the discussion in the constitution. Comrade Song Qingling in the discussion whether published opinion, I do not know for sure, but it is not important, important is her symbol symbolizes the great respect -- the Communist Party and the Democrats be too strong to break the friendship and the Communist Party of the Democratic personages.

[12]See the "hundred year tide" magazine article: "the making of Peng Zhen and the current Constitution -- an interview with Professor Xu Chongde",2001No.3Period.

[13]See the "hundred year tide" magazine article: "a1982The process of drafting the constitution of the year (a) -- an interview with Wang Hanbin",2011No.2Period, the10Page.

[14]Xu Chongde: "history of constitution of the people's Republic of China" (bottom), Fujian people press,2005Year edition, No.504Page.

[15]Qin Qianhong: "seek truth Chinese Constitutionalism -- Comment on Professor Han Dayuan from the historical point."1954Years of constitution and China constitutionalism "(Second Edition)", "Journal of Henan Institute of Political Science and Law" load,2009No.4Period, the190Page.Professor Qin look for54The constitution of the "discussion" and hair, I think,82Its "discussion" about the same.

[16]See the "hundred year tide" magazine article: "a1982The process of drafting the constitution of the year (a) -- an interview with Wang Hanbin",2011No.2Period, the10Page.

[17]Load "Deng Xiaoping anthology" (one nine seven five -- one nine eight two), people's publishing house,1983Year edition, No.135Page.

[18]See the "hundred year tide" magazine article: "a1982The process of drafting the constitution of the year (a) -- an interview with Wang Hanbin",2011No.2Period, the10Page.

[19]Such as the people's Daily editorial "mobilize the whole people" (discussion draft constitution1982,4,29), Guangming Daily editorial "everyone" (discussion draft constitution1982,4,28), Liberation Daily commentator's article "actively discussing the draft amendment to the Constitution ("1982,4,30), the Liberation Army Daily editorial "study and discussion" (the draft constitution1982,4,29); followed by some scholars in the related magazines and newspapers published articles, actively cooperate with the mobilization of the people to participate in the constitution are discussed, such as Zhang Youyu in Wen Wei Po published an article "why should make public discussion draft constitution" (1982,5,12), Jiang Bikun published an article "a discussion on the significance of the draft constitution in the Hubei daily" (1982,6,10)

[20]"Series of interviews -- Wang Hanbin1982The process of drafting "constitution, carrying Henan law net, Http://www.hafxw.cn/Article/rwzx/yxfxj/201104/201908.htmlDate of entry:2012Years8Month28Day

[21] SSchram: Mao Zedong "conversation" with the people, from the[Beauty]R·MacFarquhar, Fei Zhengqing: "Cambridge of the people's Republic of China -- Chinese revolution revolution1966-1982",China Social Science Press,1992Year edition, No.15Page.

[22]See the "hundred year tide" magazine article: "a1982The process of drafting the constitution of the year (a) -- an interview with Wang Hanbin",2011No.2Period, the10Page.

[23]According to Mr. Xu Chongde memories, only in the southwest border of Guizhou Province, organized2286Discussion. Hohhot lock factory is a worker named Wang Yinxiang wrote to the National People's Congress, proposed in the related land use four point proposal. The letter, he feared the slow journey, miss time, hurried to the post office for second days, with 1/4 of the monthly wages ane nearly200Word telegraph described his own advice. The National People's Congress constitution working group received Wang Yinxiang's advice, decided to adopt his views in a point.Http://history.inewsweek.cn/story-34.htmlChina newsweek. Landing date:2012Years8Month10Day

[24]Peng Zhen: "with regard to the draft report" to modify the constitution of the people's Republic, contained "constitution" selected materials, The Open University of China press,1985Year edition, No.169Page.

[25]See Xu Chongde: "history of constitution of the people's Republic of China" (bottom), Fujian people press,2005Year edition, No.365Page

[26]Deng Xiaoping in1980Years9Month27Daily review CPPCC National Committee's first meeting to amend the Charter document instructions: "in the revision of the articles of association of the Chinese people's Political Consultative Conference, don't get into a power mechanism. The Chinese people's Political Consultative Conference can discuss, criticize and suggestions, but no right to inquiry and supervision of government. It is different from the National People's Congress, this point please note."11Month12Day, and instructions: "long-term coexistence, mutual supervision, originally said, refers to the relationship between the Communist Party and the democratic parties of the. The implementation of the government 'supervision' right, has its fixed meaning, the CPPCC should not have the authority to write, not for good."See "Deng Xiaoping (Chronicle1975-1997") (on), the Central Literature Publishing house,2004Year edition, No.676Page.

[27] See article: "Hu Qiaomu light82Six major contributions to modify the constitution", Http://history.gmw.cn/2011-08/29/content_2547019_4.htmDate of entry:2012Years8Month15Day.

[28]Hao in this: "for the Republic of the fourth constitution make painstaking efforts", set "democracy and the rule of law"2002No.10Period, quoted from metaphor: "in the view of legal culture of power", Shandong people's publishing house,2004Year edition, No.115Page.

[29]In the54This year's draft constitution, "said Huang Yanpei, a noun, about the system of the constitution, of course, take time to study, the light from the noun it is easy to make a subjective, but discussions should grasp the main points, mainly to master the new Chinese four years since the establishment of the facts, I think now it, there should be two, a is the requirement of a Chairman Mao, two is the requirement of the people's government. Theory should follow fact run. Xu Chongde: "history of constitution of the people's Republic of China" (on), Fujian people press,2005Year edition, No.211Page.

[30]Zhang Chunquan: "the rhetoric psychological process to draft Constitution -- a case Chinese" preface "portion of the text and modify as an example," carrier "Journal of Bohai University",2007No.5Period, the130Page

[31]Xu Chongde: "history of constitution of the people's Republic of China" (on), Fujian people press,2005Year edition, No.177Page.

[32] Qin Qianhong: "seek truth Chinese Constitutionalism -- Comment on Professor Han Dayuan from the historical point."1954The Constitution and constitutional government "China years (The second edition)"Carrier", "Journal of Henan Institute of Political Science and Law,2009No.4Period, the190Page. Although, Professor Qin Qianhong analysis54In constitution, but82The Constitution in the sense and54The constitution is the same.

[33] [Beauty]Joe·Sartori "new democracy", Feng Keli, Yan Kewen, Oriental press,1993Year edition, No.95,96Page

[34] [Beauty]Joe·Sartori "new democracy", Feng Keli, Yan Kewen, Oriental press,1993Year edition, No.81Page

[35] Wang Renbo: "the constitution Chinese -- an interpretation of the" five four constitutional process, load "run silent -- Chinese constitutional road", Peking University press,2004Year edition, No.53Page.

[36] [Beauty]RobertDahl: "democracy", Li Baiguang, Lin Meng translation,Feng Keli school, the commercial press,1999Year edition, No.105Page.

 

                                                  In this paper, in addition to the fourth part of "Tribune" published in 2012 Sixth