Chinese have no constitution?

Read the introduction to the constitution "-- Introduction to" feeling

Some people read law books of British people, can not find the "constitution", laughed at for the British said: "you have no constitution?!"

The British be indignant, said: "we have a constitution!"

Some people read law books Chinese, found the "constitution", admiring the Chinese said: "wow! Do you have a constitution!"

Chinese wry smile, but said: "we have no constitution!"

Teacher, please forgive me for opening such humorous reading feeling, because this is the British constitution and Chinese constitution to give my true feelings.

Why Britain has no written constitution, the British constitution confidently said that their own countries?

Why Chinese and written constitution, and Chinese but reluctantly said that their country is not the Constitution?

See the "Introduction" of constitutional law, coupled with their own knowledge, I think, although Britain has no written constitution, but he has a constitutional law, constitutional customs and constitutional cases, the most important, is that they know the constitution is the guarantee of the interests of the people.

And China, in fact there have been "constitution", but the lack of the rule of law, namely "good governance". As the "notes" and stated, "good law in modern countries should, from a 'parent'. This parent name, called the constitution. Unfortunately the constitution is not law; since the constitution, it is the legal reformer Shen Jiaben said 'there and not abide by the law, although the hair is good, and so are not' situation."

Failed from Chairman Liu Shaoji "constitution" for adults, toSince the reform and opening up government90%Land Acquisition Act of violation of the constitution. The Constitution in the treatment of state organs and civil rights violations in the case did not play much role, which has violated the constitution significance. As "constitution" in the introduction to say, the meaning of existence of constitution is to limit the power of the state, safeguard the citizen's power, however, in real life, "the top ball", is to allow people to lose faith in the constitution!

The constitution, the basic law is the rule of law, is the highest law countries legal system. This argument, is probably the high school political lesson lesson will be learned. But no matter what, when we repeat these words, there seems to be a little guilty, said people and listen to people who are not willing to much.

 When President Liu Shaoji was criticized and denounced, grey-haired subjected to corporal punishment, he took out a constitution, expect the constitution to protect him. But, in his hand when the president power, the Constitution does not protect the common people, so, this time also can't protect President, when the constitution is really do not. Contractor believes that the Constitution be, let the constitution to say, so in any case, the common people, President it, then have the constitution to protect you. If the contract do not recognize the constitution as the supreme law cannot be violated, just make a way, supporting a scene, how to protect you you make a few pages of a book?

However, Chinese "constitution" through a scene, and is a dramatic supporting one, that is --Qi Yuling case (Chinese constitutional litigation case). Why is the dramatic?Just checked on the Internet, "or" education law has provisions on the protection of the right to education, why here for an ordinary civil litigation to invoke the fundamental law of this? The other is not to say that the constitution relationship is generally vertical? There must be a party is a national or state organs, in this case the defendant is the individual citizens, and no state organ. If the relationship between the individual citizen and personal, the premise should be related to major public interests.

Say so, I do not deny that Chinese is a written constitution,Our constitution is well written, but the Constitution does not work, is the Constitution on the paper. So why is governance and constitutionalism is not written on paper, but if a living, can be the implementation of the law.

So, I think, Chinese constitutional reform and how toWritten in the Constitution on the paper implement. Just asConstitutional law professor Lin Laifan said: "let the teeth to grow, if not bite a constitution, the constitution is the constitution of the paper." The real constitution to teeth to grow, to punish those who destroy the constitution, that is the constitutionalism. Now Chinese constitution has no teeth, is what is on paper, so in the end is the constitutional head a ball, or even the ball is not the top.

Many people say that, in Chinese, prosperity is good, the constitutionalism is a waste of money tamper. But, I don't think so.

Really get rich, constitutional system is to be free, the primary function of constitutional system is able to contain the national extractive strong, can make the national wealth to everyone, this is the rule of law, the spirit of the constitution, the spirit of the constitution is to resist the power of the state to extract on private wealth, defend each person owning wealth. Only the law will eventually achieve true prosperity, this is the real wealth. Everyone have a good life, wealth, social vitality, each person can free labor, create, legal protection of their work, this spirit is the spirit of the constitution, freedom. So, I think, from the deep logic, the rule of law in the position to be higher than in rich, constitutional is the primary goal of modern China. Of course, I do not oppose the national tax revenue, tax standard measure, not how much, tax right is good, sometimes more, sometimes less, its purpose is to assure the effective exercise of public power. But whether it is appropriate not to say, but people say.

So, look at a country prosperous or not, is not to see how much of itGross domestic productBut how, constitutionalism, its constitution in real life status, also is to see it "has no constitution"!

In the end, sincerely hope that the country can really put the Constitution and implement, truly "a constitution"!

Reference.Lin Da: "where the constitution from the self-confidence? "

Blue Network: "Chinese law55Anniversary: bumpy road The socialist legal system has been basically formed "

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