The comparison of the Constitution (turn)

-- -- the original author: Cao Siyuan

[Objective]: why want to compare the Constitution? Cao Siyuan feel very confused! A is said to be very great constitution, even can't protect it down to the ordinary citizen, to the president's dignity and life. In 1967, Liu Shaoji was denounced during the cultural revolution the rebels. The rebels now present to him, make him a bow and scrape shape, then grabbed his sparse hair, forced him to look up photos. A cuff and kick, Liu Shaoji eye, the shoes are lost, only bare feet on the ground. One will come to an end, Liu Shaoji was escorted back to the office. He took out the constitution of the people's Republic, claim rights. But the Constitution can't protect him. According to the "book" world constitution, Cao Siyuan put the 110 countries in the world are compared with the China Constitution Constitution, there are a lot of surprises, are as follows:

1Proletarian dictatorship

   China constitution is a dictatorship of the constitution. Chinese Article 1 of the Constitution says, "the people's Republic of China is led by the working class, the people's democratic dictatorship and based on the worker peasant alliance of socialist countries". Cao Siyuan found that, in the constitution of the world, there are only two countries "Constitution declares the dictatorship of the proletariat", namely Chinese and North korea.

   A popular saying, "the dictatorship of the proletariat is not a vegetarian". Does it eat meat? You're right. Have a look before dictatorship "performance". The 24 political leader of the Soviet period of the October revolution of 14 people were killed, 60 military leaders, 54 people were killed; 1200000 ordinary Party members were killed or sentenced to prison, Stalin executed the Communist Party is 8 times the tsarist Russia period. The Khmer Rouge made more than 3 years of the dictatorship of the proletariat in Kampuchea, even to the nation's 7000000 people, killing 3300000.

2, the sovereignty of the people

   "Sovereignty belongs to the people", the universally acknowledged, constitutions made similar provisions. China article second also said, "all power in the people's Republic of China belongs to the people". The problem is, how the people exercise their power. Many countries constitution had stipulated, the people's sovereignty has two ways of direct and indirect. For example, the Hungarian constitution stipulates: "all rights belong to the people, through its elected representatives and the exercise of sovereignty in a direct way". Chinese constitutional law "provisions, the National People's Congress and the local people's congresses" is the highest organ of state power, "the people in accordance with the law, through various channels and in various forms, management of state affairs".

   For Chinese, they only know their own power is "representative" exercise, don't know there are direct exercise of power to say. Chinese cannot directly exercise the right of public opinion, to review government officials, government behavior; cannot exercise direct voting rights, direct election of senior officials and a referendum. If a dictator (such as Suharto) control of a representative body, the national public opinions will not be expressed, should not call every day to work, people in dire straits, the only way to change is to go outside the system.

   In fact, National People's Congress of the "Representation" is limited and not infinite, if authorized representative, that is not "representative" but "instead of". The representatives of the people can be on behalf of the people, politics, but it does not prevent citizens directly express their views. In some of the major decision-making, should direct voting decisions by citizens.

3Separation of the three powers

  Separation of the three powers is the cornerstone of most countries in the world of the constitution. The structure USA constitution even for three with mark right. Constitutions specifically stated, on behalf of the people's sovereignty is legislative, administrative, judicial powers of three institutions, three rights shall not be concentrated in one institution. Separation of the three powers, checks and balances, is the basis for the governance of the country. In addition to Chinese outside, when only 7 countries in the world of the constitution, has not established the separation of the three powers.

   According to the description of current China constitution, China does not speak of "separation of the three powers", but "bicameral" (people's government, the people's court, the people's Procuratorate) authority on the only (people's Congress) is responsible for. Human history has proved that, any countries should be the separation of powers, but not the highly centralized. One without any constraints, the supreme power, the core will result in painful disaster.

   Deng Xiaoping said, "over concentration of power, more and more can not adapt to the development of the socialist cause. Long term not enough understanding to the problem, become an important cause of the cultural revolution, enable us to pay a painful price. Now can not solve ". ----1980 August 18th "party and state leadership system reform"

4The citizen's right to know

   The constitution of the world more and more pay attention to the protection of the citizen's right to know. In 110 countries, 104 countries have "open" clause. Open the content mainly includes six aspects: the open trial, the parliamentary session open, open, open the treaty parties, official economy open, open tender. The parliamentary session open, has become the rule, and as a system established in the mind. For example, the French Constitution: both houses of Congress meeting held in public. The journal published in the Government Gazette to full text. Chinese constitution should be against the world, it shocked the world: the National People's Congress must keep state secrets, but doesn't mention them to voters publicly information obligations. Sovereignty belongs to the people, the people to manage state affairs, the Constitution does not allow them to understand the truth of the matter. This is the logic China constitution.

   China constitution stipulates, "the National People's Congress and the local people's congresses at various levels are democratically elected, responsible to the people, subject to the supervision of the people". Know, represents how the election citizen satisfaction assured? Know, how to recall deputies citizens do not rest assured? Know, how to supervise the people's representative work?

5, constitutional supervision

   The constitution basically provides the constitution supervision system, to examine the unconstitutional act. The constitution, but no supervision mechanism of constitution, the constitution will become a waste paper? The constitution supervision institutions of other countries, many taken by the court. Among them, for a full-time court accounted for 53%, the other judicial institutions accounted for 30%, the Council is responsible for the establishment of the Constitutional Council accounted for 11%, accounting for 7%. China Constitution: the National People's Congress and its Standing Committee is responsible for the interpretation and supervise the implementation of the constitution. However, those who report to the material, can only lie on the NPC's drawer to sleep. There is a joke: now singing and dancing people do things stealthily, someone tube, is unconstitutional nobody tube.

6, Amending Procedure

  Chinese since the 1954 Constitution, are not strictly the procedure of constitutional amendment, no provisions of the constitution to stop the entry into force of the special procedures. America Constitution: "Congress 2/3 members in the house and the Senate when it deems necessary, should put forward amendments to the constitution, or according to the States 2/3 State Council request, a convention to propose amendments". Other constitutional developed country, have put forward specific amending procedure. A good procedure of constitutional amendment effectively prevented the single monopoly power to amend the constitution, to ensure that the Constitution does not tampering.

   In 1975 January, Chinese fourth session of the National People's Congress held a series of secret meetings, the end of the 17 day meeting. The 19 day suddenly issued a communique, said: "the people's Republic of China Constitution" has also been modified.

7Direct and indirect election, the election

  Chinese article third of the Constitution stipulates: "the National People's Congress and the local people's congresses at various levels are formed through democratic election". But the Constitution does not expressly provide direct or indirect elections election. To make the provisions of the electoral law of people's Congress is "". In accordance with the law, at or above the county level people's Congress is the indirect election. Indirect elections are Chinese election. In fact, the election of normal should be directly elected, it can directly reflect the will of the people, truly reflects "the sovereignty of the people". Lenin said, "only the universal, equal, direct election can be said to be a democratic election".

   The scope includes not only directly elected members, some countries even heads of state or government. Indirect elections are not directly by the voters to choose the final candidate, it is difficult to reflect the will of the voters. For example, many people hate Wang Hongwen, Zhang Chunqiao, Jiang Qing, Yao Wenyuan, but didn't stop them "glorious elected". Indirect election fraud, is very prone to threat, bribery, manipulation of elections phenomenon.

8Specification, Party

  In 110 countries, 82 countries have made a specification of the party. Among them, only 5 countries provide a ruling party is in the special position, other countries, not only does not require any party must be in a special position, even the party's name does not appear in the constitution. They are just in the constitution of party conduct norms. Standard is the main content: a party quit, any citizen has the right to set up,. Two, the protection of the multi-party system, not only one party to the ruling position. Three, the principle of separation of Party and country. The party must be separated with state agencies, the party may not stem from the national judicial and military, head of state must suspend themselves in the party activities, military, security and judicial officer can not participate in any political activities. Four, the party involved can only state management way is, as lawmakers, affecting the legislation; as the government is mainly responsible for the people, the party ruling thought in the work. Five, "the ballot box out of power", whether the ruling party, only on the basis of it in the election of the number of votes.

   A handful of countries, has made the stipulation to the status of political parties. For example, the provisions of the constitution of the Communist Party of Vietnam is Vietnam, "the leadership of the state and society". The Cuban constitution stipulates, "the Communist Party is the state and society's highest leadership," also stipulates, "under the leadership of the party, the Communist Youth League members to the trained to become future members". In these countries in the constitution, not only provide a party in a leadership position, but also to the youth as the reserve army. This not only reminiscent of the emperor. He proclaimed himself "emperor", fantasy "II", "III" absolutely the world... Qin Shihuang does not think, to Qin, Qin Dynasty is over.

9, human rights

   A wide range of human rights. National constitutions in more prominent mention: nationality, religious freedom, freedom of the press.

   The constitution of most countries have on the nationality of the content. Most of them are of dual nationality provisions were made, which does not recognize dual nationality is a minority. Chinese constitution stipulates, "where has the nationality of the people's Republic of people are citizens of the people's Republic of china". However, a person to obtain citizenship under what conditions? Lose Chinese nationality under what circumstances? Can have two nationalities at the same time? These problems in the Chinese Constitution did not mention. To make the provisions of the nationality law. Nationality Law stipulates: "Chinese does not recognize Chinese citizens with dual nationality"; China citizens once joined the foreign nationality, will automatically lose Chinese nationality. Many countries have not forbidden in the world. According to the "law is prohibited without permission" principle, many citizens can have dual nationality. For example, American and Hongkong.

   Religious freedom is any country's citizens enjoy basic human rights. Countries on the question of religious freedom, presented "Liangduoliang less". Most countries have provided the citizens have the religious belief and the freedom of religious activities, many countries stipulate religious activities can not violate the Constitution and laws; very few countries only allow citizens have the freedom of religious belief in mind, but did not participate in the freedom of religious activities, a few countries with political and ideological freedom of religion. Chinese constitution stipulates, "citizens of the people's Republic of China enjoy freedom of religious belief".

   Chinese constitution provides that: citizens enjoy freedom of speech, freedom of the press. But the Constitution does not guarantee clause. According to the 2001 published "regulation on the administration of publication": first, only the publisher has the right of publishing activities, individuals have no right to free press; second, through the administrative examination and approval of the establishment of the publishing unit; third, the publishing unit is set up, and publishing activities must accept strict government supervision. Would it not be said: I admit that you have the freedom to love, but with whom you love, I must accept the examination and supervision. Philippines constitution stipulates: "the state of the individual has no right to monopolize the mass media or information communication equipment". The South Korean constitution stipulates: "the remarks, published without approval and inspection". The provisions America First Amendment to the Constitution: "Congress shall make no law establishment of religion, or prohibiting the free exercise thereof, abridging the freedom of speech and freedom of the press".

10, national institutions

   The constitution of the state legislature, head of state, head of the executive, the army commander, judicial institutions make provisions.

   The difference between the "national legislature is unicameral" and "bicameral". The unicameral legislature, is only a set of institutions. The bicameral system, two sets of institutions is the establishment of the parliamentary system. The two set of institutions is generally called the Senate and the house of Representatives, or the house of Lords and the house of commons. The world powers are generally taken a bicameral. As USA, Britain, France, Germany, Japan, Russia, etc.. Bicameral advantages, both care a representative population, and take care of the representative area. It China, if according to population distribution people places, then around the will is not balanced, the damage area of interest; if the provinces allocation NPC delegates, equal rights populous provinces citizens will also suffer. In fact, if Chinese a bicameral system, not only can solve the fairness problem, also can make the legislation more careful and thoughtful, avoid rash, arbitrary decision.

   In 110 countries, there are 76 heads of state is the president. In the separation of the three powers, the power of the president is restricted. China constitution stipulates, "the president of the people's Republic of China on behalf of the people's Republic of china". Since the reform and opening up, China already not the president's translation of "Chairman", and to "President", corresponding to the president. However, in accordance with the constitution, the president Chinese about everything and have no power of decision and the right of veto, only the "right to publish", "right", as the mouthpiece of the NPC and its standing committee.

    In 76 countries the presidential system, the president directly by the voters elected 52; president as Chief Executive Master of administrative power, 66. Administrative leaders how to produce, to him who is responsible for. The head of government by the voters elected, responsible to the voters directly; the heads of government elected by parliament, directly to parliament. The latter has certain dangerous sex. Some people may ask, parliament elected chief executive has what risk? Parliament elected head of government, Parliament set is equivalent to the legislative power and the administrative power in a body, have caused parliament to authoritarian may; if a party controlled a parliamentary majority, so it will have the right of administration and the head of government. At this time, the state power will lose balance risk and supervision.

   The army is who? There is no doubt that belongs to the people. China constitution stipulates: "the people's Republic of China belongs to the people's armed forces". Why are people? Because the army is the people to spend money. If so, the supreme commander of the armed forces, there is no doubt that should be president. Surprisingly, Chinese constitution has provisions, the armed forces of leadership is not to the head of state, President, nor to the people's government, the State Council and prime minister, but a separate agency - the Central Military commission. This is a special case of the world.

   Universally acknowledged, judges must be independent. No judicial independence, there is no justice. China constitution stipulates: "the people's court in accordance with the law to exercise judicial power independently, not by administrative organs, social groups and individuals". But Chinese constitution has two major shortcomings in the judicial system: without the independence of judges establish; no judge appointment procedures. The Hungarian constitution stipulates, "judges are independent and subject only to the law". The constitution of Ecuador, "the judiciary independent exercise of powers".

   Why in the world should have the Constitution? The essence of the constitution is to protect the rights of citizens, public servant: specification of power. It is not the honor roll, and write in no need to what the name of the person. It is not a theoretical one, there is no need to write thoughts in Marxism, what. It is not a history book, no need to trace back the history of capable of evoking praises and tears. It is not the party constitution, you don't need to take a party line, principles, policies written in. The constitution to reflect is a universal value, to write is the general will have no difference in the "public opinion".