Constitutional Politics: why not open the peace road?

 

Liu Extension

 

In the2013Years8Month19Day, one can easily lead to the disintegration of the Soviet Union's history matters Lenovo's time, has a website, called "people's forum", published an article, entitled "Constitutional Politics: the road to peace--The Communist Party of Chinese how to walk out of the historical cycle rate", is said to come from""People's Forum·The academic frontier "2013Years8The moon".

Author Wang Zhenmin, is said to have graduated from the law department of Zhengzhou UniversityTsinghua University law school dean, Professor, doctoral tutor, vice president of the China constitution research, deputy director of the Ministry of education of law specialty teaching guidance committee.

This site, use looks like Comrade Jiang Zemin inscription, back up the last blackbody "net".

 

In this article, immediately online boiling, reprint paste million.

Although the author's opinions, the author agree; but its purpose, the author does not agree. So writing this article, and the discussion.

 

In the abstract to say,"The implementation of constitutional politics is the Communist Party of Chinese after60Years of hard exploration, paying a huge price conclusion".

This is not true. Open the China modern history, if we believe that there is a "constitutional politics" concept, is Chinese Communist "constitutional politics" probably dates back to the Soviet era, although at that time our party is the local administration. China Second Revolutionary Civil War period, the worker peasant democratic regime in Jiangxi Ruijin enacted law "outline of China Soviet republic constitution", time is1931Years11Month, the first National Congress of the soviet.

One may be the president of the famous university focuses on constitutional law school, should not have the negligence.

 

Next, the authors say"Not only do we have to talk about constitutional government, but also the construction of Constitutionalism". This is the truth. I guess, "constitutional politics" on the title, in fact did not truly reflect the author's intention, perhaps as it cannot be helped, perhaps to eye, perhaps a "innovation".

As for the"Construction is more superior than the capitalist constitutionalism constitution of socialist political China characteristics", that is the author's perhaps naive, may be confident idea. The actual situation may be, we haven't build"The socialist constitutional politics China characteristics", Chinese has gone"Capitalist Constitutionalism", China has appeared819The scene.

The author noticed, there will be"The socialist constitutional politics""Capitalist Constitutionalism"Compare. In fact, the authors do not obscure, the direct use of "constitutional government" is good, because from the point of view and theory of logic and the whole article, has clearly demonstrated, the author still used the concept of "constitutional government", whether it is socialism or capitalism.

 

The following, we according to author order, by the review.

The first part of the text:"Question: how to break through the problem of historical cycle rate"

 

The authors said,From ancient to modern times, the history of human development, any future regime was founded, regardless of the feudal emperors or the bourgeois government, or socialist regime to"Hooray", hope to long-term and even not stand forever.

 

It's not a correct thing to do actually. All those who know the historical materialism common sense knows: Marx advocates, country is going to die, the regime is so. The Communist Party is the most concern, is the continuous progress of humanity in the productivity promotion, is the realization of communism world. The regime "long live", has never been the aim of communists.

 

The authors say --This is the law philosophy"Goldbach conjecture": human beings have no possibility of creating a strong government, ensure"Jiangshan existence, unaltered forever"It?

 

Perhaps with very limited knowledge and scanty information, I know, there are foreigners say the law philosophy, we Communists "and", not out of "political philosophy from what time". In fact, the potential meaning, just want to say "legal" than "political", the law has "stability" and "eternity"; to avoid such a repeatedly proven historical facts: any "law" in essence, is ultimately to be "political" decision. Communist Party to this point, never Equivocation.

"Jiangshan existence" "unaltered forever", is Chinese feudal emperors look. I don't know, a modern legal edification of people, how to use such words.

Seek truth from facts to speak, in the view of historical materialism, this is bullshit; according to the dialectical materialist point of view, this is not possible. Therefore, the authors say, not conjecture, but a dream. Goldbach guess, but maybe one day, will be the mankind to prove. Feel shy, I studied mathematics, but not in the law.

 

The author cites as everyone knows "Huang Yanpei asked" example.

At that time, Comrade Mao Zedong's answer is,We have foundThe new road. The new road, is democracy.

The answer, is the historical background of the. Comrade Mao Zedong led Chinese Communists, was ready to go the road of "new democracy". Moreover, the answer is very specific regime stability problems, did not involve "long live" problem.

 

We do not want to "long live", is not equal to not pay attention to "consolidate". Because, not the primary stage of socialism and the consolidation of political power and perfect, it is difficult to achieve the lofty goal of communism.

 

The author thinks,"To get out of control of historical cycle rate, completely solve the long-term governance and long period of stability problem, also must start from the system and the system".

 

This, appear wrong. On the side, since Needless to say. The key problem is that the real law, jump out of the historical periodic law, handle the relationship between the party and the people. The core of this relationship is, the Communist Party must adhere to the fundamental purpose of China put one's heart and soul into serving the people, adhere to the mass line of the party.

Obviously, this is not only a legal state, but contains political parties. So, we Communists "law", rather than "the law". In other words, the failure will have legal power failure, success lies not only in the law.

 

    We'll have a look in the author's opinion, after the show "the premise of system":

The correct answer in where?The historical experience and lessons of at all times and in all countries, the political, economic and other multi angle analysis of research, we can draw a conclusion: only practice the rule of law, the establishment of effective political constitution, namely constitutionalism, it may really out of control of historical cycle rate, completely solve the long ruling party and national long period of stability of the system and the system.

Ah, the author finally put"Constitutional politics"Or" constitutional government ". Originally, "constitutional government" is the answer. We see, the author claimed to do"Multi angle analysis of the political, economic and other". In fact, if the "constitutional" really into "political" and "economy" in the background, rather than to the research analysis from the so-called "angle", our conclusions, and the author is really different. See section.

 

 

Text two:Constitutionalism, rule of law sense more fundamental than democracy

This sentence, say the authors of the components, some more. If you stand in the theoretical system of capitalist constitutionalism perspective, it is entirely correct.

 

The custom to:The so-called constitutional politics, is built on the basis of the constitutional politics, may be referred to as"Constitutionalism"Or"Constitution".Author for fear of individual readers confused, to explain in the article again:This paper"Constitutional politics"And"Constitutionalism"At the same time, express the same meaning.

 

Author after all is said and done, or their own said leakage. The above words, save the language complexity and diversity, if I do not understand the true meaning of words, is: constitutional, political.

Since it is a "political", why around, must by "law" in the name? Why the law scholars also deceive oneself and others to think himself in the legal problems of serious?

Therefore, on the "constitutional" struggle, only understanding of legal issues, as the constitutional issues, is superficial.

 

Of those, just sign. "Constitutional" struggle, is the essence of politics.

Because of legal issues, to name, easy on the table a big name; to legal problems, legal scholars talk politics, more say and discourse right; the legal issues of nominal, more covert and confusion to legal problems; the name, more easy to stir the water.

 

We'll have a look the specific meaning of this "constitutional politics" author said:

First, any government, regardless of whether any leaders elected, in any case, have to accept the Constitution and laws, to accept supervision, not abuse of power, not corruption, namely implement"The rule of law"The power law, into the cage to go inside. Even a democratically elected government, its behavior is also subject to rigorous supervision and restriction. People often put too much trust in a democratically elected government, it is easy to unlimited authorization, and reject any external supervision, the supervision how elected governments, to ensure it does not corrupt, not abuse, to prevent the elected government transformed into unlimited government beyond the constitutional law, will become the primary concern of constitutionalism.

Author or in the added a note:The government who produce, how to produce, representative who, in order to who, this is the problem. Constitutional government is the regime.

 

In fact, about the legal supervision of the government and the leaders of the problem, new things and new invention is not capitalism. Review China feudal history for thousands of years in ancient, officials and the emperor, it is common. The system and the system has some dynasties, very complete. Otherwise, how dare a Wei Zheng, a Bao Zheng? Historians have write the truth without fear or favor traditional? This is the best result of political culture Chinese.

That said, every dynasty later period of supervision, it is the chronic problem of deep feudal political system, it is political rather than legal issues. The legal profession, is also not a good and evil law problem, don't also have a lot of numerous ancient and modern case law does not work?

Here, not give up enthusiasm of law: law to solve political problems, help but limited role.

 

The authors said:Second, the constitutional government not only requires the government power must be limited, but also requires the allocation of state power must be scientific and reasonable, coordinated and efficient. How to configure a variety of state power, how to set up national institutions and the relationship between should be what kind of relationship, these should be scientific problems. Any country, must have one of the most suitable for the national conditions, history, customs, natural condition, geographic and economic conditions of the political system, the constitution, the task is to find the most suitable system. Law is a science, political science should be. Make the constitution should also be scientific. Visible, except that the constitutional"The rule of law"Outside, it must be scientific and political, is"Scientific governance". Generally speaking, constitutionalism is"The rule of law"And"Scientific governance"Combination.

 

The author thinks, what the government's power is limited, not to the universe, to the circulation of the human body to, important is the actual boundary. Different classes and strata of the political status, determines the nature, all kinds of power in the state and distribution of all. Here at the "science", is to miss the point.

"The scientist's mission is to find the most suitable systemRats. System, is the result of people's practice, historical inheritance, class struggle. "The most suitable system", then there is No. Constitutional experts, overestimate their own role, as he is not only higher than the politicians, even higher than that of the people.

In the modern age, take the matter seriously "Political science should be", thought may be good, but it is very absurd, the premise is the eradication of class.

"Make the constitution should also be scientific"Point of view, is not to understand the politics of naive view. Don't leave the grand view, should be: constitution making, is a political. Words, words for the constitutionalism is a political figure.

The authors say --Constitutionalism is"The rule of law"And"Scientific governance"Combination, despite the reasonable elements, but in the discussion"Open the peace road"Political issues, is not level. I urge the author to relive the next when we learned the political textbooks, not learning more and more confused.

 

The authors said:Third, although some people do not participate directly in the government, but the state must guarantee the basic human rights, freedom and the basic rights of people to a certain extent.

 

This, the author is talking. Is issued, the authors of the paper, is not the most important, as intellectuals have reflected the most basic human rights? That said, the authors say other "human rights", including opposition to the current constitution of "human rights", as legal person, should know that "not allowed", also should know "consciously abide by".

 

The authors said"Constitutionalism is initially generated in the UK....When the main purpose is not for democracy. Therefore, before the democratic and constitutional".

I don't know, legal knowledge includes the background of the political knowledge and knowledge of history, even in the western political sense, is said to be the first of the Greek polis democracy, not democracy?

The British stand on our own point of view, oneself put in a good word for yourself, our "jurist" also believe.

In reality, some foreigners, found that the use of "democracy" to fool people very hard, "democratic" bad reputation (although some people still feel pretty sweet), and makes up a "constitutional" story. "Constitutional government", became the "democratic" grandpa. In the capitalist political system seems to be mixed, grandson of "democracy" reputation is not very good, but there is a constitutional right "grandpa".

To put it bluntly, it is in the "constitutional" is the general manager of capitalist political theory and practice of the system of meaning, we are opposed to simply treat "constitutionalism". We are not simply oppose the "word", but against the "word" hidden "meaning". We simply accept the "word", the other will be added its "meaning", will be blurred boundaries is non political, ideological and political chaos team will. Since the "constitutional" is a political, we also have to "talk politics".

 

The authors said:Historically, authoritarian governments are easy to abuse of power, but a democratic government may abuse power. The elected government and its leaders may carry the weight of public opinion, contempt for the law, its logic, law is nothing but the representatives of the people(An MP)Creation, and an elected government is the people's own direct"Biological"The. Is the law, or the elected leaders of higher?Of course, is elected leaders people directly elected than people indirectly through their representatives made law has more authority. Therefore, a democratic government may do as one pleases, if there is no strong legal supervision outside, the elected government and its leaders will be above the law, corruption and tyranny. In this sense, constitutional concern with democracy, but pay more attention to the supervision of democratic government, emphasize system to restrict the democratic government and its leaders.

 

According to the author's logic, since "despotism" and "democratic government" "abuse of power", "democracy" and "value" is not on the fifty step smiles hundred steps? In order to establish the "constitutional", forget "democracy" was one of the constitutional faction advocated constitutional universal values thing.

 

The following remarks, even shock the common customs:"Is the law, or the elected leaders of higher?Of course, is elected leaders people directly elected than people indirectly through their representatives made law has more authority."

Not to say that the "constitutional" constitution "high? The front is not"Any government, regardless of whether any leaders elected, in any case, have to accept the Constitution and laws, to accept supervision"?

Our constitutional experts, what on earth are you that what?

 

Then, the author turned around:"Therefore, a democratic government may do as one pleases, if there is no strong legal supervision outside, the elected government and its leaders will be above the law, corruption and tyranny. In this sense, constitutional concern with democracy, but pay more attention to the supervision of democratic government, emphasize system to restrict the democratic government and its leaders."

 

I really don't know, our legal gentlemen, although may not have learned mathematical logic, but the natural logic of certain in life with? Then, the author also What one says is plausible. said"This is the philosophical foundation of constitutionalism and the basic logic".

Read this, I feel so sorry for Chinese jurisprudence! Also deeply felt, was admitted to the University, early implementation of Arts and separate.

Objectively speaking, I think, this is definitely not the writer actually thinking level. Then, the problem, where? I think, the root in the law circle of our scientific community, and even the whole society, there is a group of people, or for loss of self-confidence, lost, or for stand upon one's pantofles and the profit motive, the western scholars advocate that a no analysis, blind worship!

 

By this time, the author also awake, says:Although any political system needed by people to operate, the operator's quality, ability and moral and political quality of the relationship, but the constitutionalism is more interested in, whether the political power by supervision due, design of the entire political system is scientific and reasonable. No matter how good the electoral system cannot guarantee to elect people must have both ability and political integrity of the best, the most appropriate. It is the function of the constitutional government, even in this situation do not worry, no matter what kind of people power, power limits are impassable constitutional and legal regulation, should be performed in accordance with legal version. The eye is covered, regardless of who is in the position of authority, regardless of whether you're elected, constitutional law to supervise you, bound to you, let what you cannot do as one pleases.

 

Political relations, is beneficial to the people's livelihood event, relates to the interests of the masses of the living. In the author's eyes, seems to have become a "political products can touch on lightly". The reason, is because the officials, is a "democratic" elected, not like me, not what the big deal. In fact, contains the western "politicians" thinking. Therefore, the western political designers, had to focus on "system", "system":"The constitutional government is more interested in, whether the political power by supervision due, design of the entire political system is scientific and reasonable".

At this point, "law" has become the golden laws and precious rules, rather than the masses of the people:"No matter what kind of people power, power limits are impassable constitutional and legal regulation, should be performed in accordance with legal version". The author also repaired a, "constitutional government" and "constitution", "legal" different role, be confused.

 

The author talked about the rule of law, constitutionalism, democracy is different "utility". The author here are borrowed from western economics terminology.

"The most ideal regime is of course both constitutionalism and the rule of law, and democracy, such a system the most solid, the strongest earthquake, is the longest;The second is the only democratic constitutionalism and rule of law, less;Again is the only democracy without constitutionalism and rule of law;Worst of all, there is no democracy, no constitutionalism and the rule of lawThe authors said, ".

In fact, this assumption, in reality, there is No. This is in order to enhance the reasoning, in the intentional dirty capitalist political system. In my eyes the Communists, mature modern political system of capitalism, no such. In the real politics, they are com., rather than artificially separated. This is one of our Communist Party against "constitutional" reason.

 

The author then said:That is to say, a country of democracy can be flawed, have"The deficit", not perfect, but not without constitutionalism and the rule of law, can not have"The constitutional government deficit"And"The rule of the deficit". The lack of constitutional government, the rule of law is much more serious than the consequences of the lack of democracy.

 

The author finally used the concept to economics. But in the author's view, seems to be in the wrong place. Say "deficit", is actually a priori to say, any countries do not engage in "constitutional" no, otherwise there will be "constitutional government deficit". The word, is an invention. This logic, is a great invention. If no "constitutional government", many countries will go hungry in politics; even "deficit", will fall, will be conquered. One is not necessarily appropriate examples, if the western colonists did not force the colonial Africa, I want to Africa those indigenous nations, will according to the development road of independent continuous progress, though they never know what "constitutionalism". Even Africa chimpanzee groups, should not the killing of mankind, and independent evolution for thousands of years, have no what problem, natural need not what "human rights" and "freedom" and "democracy" and "constitutionalism".

 

"The Constitution and the constitutional law should focus on democracy, the pursuit of democracy, but should not take the constitution, constitutionalism and democracy these conceptual confusion together", the author as Chinese like.

But in fact, in the west people where, as a theory system, how to share? "Constitutional government", if not doped into "democratic", it must be passive water without source. Separate the unnecessary. Our dictionary, generally write: constitutional, democratic politics. A lot of "constitutional evangelist", or because of "democracy" reputation is getting worse, or "constitutional" ecstasy is not acting, but is separated to do a cover.

 

The authors said:Political science to study power where it came from, attention to democracy, constitutional law also should be concerned about the power is granted, - granted or people award, concerned about the origin of the problem of democracy, but its main mission is to guarantee the scientific configuration and human power technology, power of supervision and restriction of power, should be studied and right knowledge is power, scientific configuration, power supervision and protection of human rights theory. Constitutional law and political science should cooperate, rather than to study democracy, ignoring the study how to supervise power, standardize democratic.

 

Politics is different from the law; constitutional law when the law field. About this in the academic circles, not what objection. Their own theme, cross was normal. But the main mission of constitutional jurisprudence is"Power technology, power of supervision of the scientific configuration and the protection of human rights, should be to study the powers and rights of knowledge, is the power of scientific allocation, power supervision and protection of human rights theory", is a new. "Constitution" is the study supervising and restricting the power of "technology", certainly is not high, but may be a fallacy. Check the Baidu, object on constitutional law, is such a description: the object of study of constitutional jurisprudence, mainly includes the following aspects: constitutional theory, the evolution of constitution, the enforcement of the constitution, the state of nature and form, the state power organization and the basic system, the citizen's basic rights and basic obligations. It should be pretty close. Mr. Wang said too narrow, "supervision" and so on, that is just a small piece of. Objects tell learned, we cannot just say their concern.

 

We repeat this again, "on":Look from the history, the fall of the regime is the main reason of the civil war. The main and the outbreak of civil war is a fair and reasonable solution cannot be obtained because of the long-term conflicts of all kinds, finally led to the civil war. The reason why these contradictions and disputes can not be fair and reasonable solution, because the country is no law, everywhere defy laws human and divine, or the law but the law itself is not fair, or legal equality but there is no way to obtain the very good implementation, people can only self relief, violence is inevitable.

 

Look at the Chinese and foreign history, probably the fall of the regime, often is the internal and external political, economic and. The Song Dynasty was the Yuan Dynasty destroyed, because the "civil war"? The overthrow of the Sadam regime, mainly because of the civil war?

Contemporary called decent country, no law, No. This "no law" hypothesis does not exist.

"The law does not fair", we in the legal profession stem what? No objection?

Weak law enforcement, in the final analysis is not a legal problem, often is the political problem.

Therefore, the fundamental problem is not in law, but in politics, the economy, the external irresistible force.

 

 

As for the author said"Therefore, the legal system and mechanism must be established a set of fair and reasonable, the contradictions and disputes, all kinds of political disputes, are incorporated into the legal track, so that it could achieve sustainable landscape solid, regime", is be not worth refuting.

 

The third part of the article is:"A country, a constitution, a destiny"

 

The authors said:The ancient feudal regime is clearly not able to solve"Its Hing also, Yan dying suddenly"The cycle rate. No matter how wise monarch, regardless of I and his successors how competent, whatever his government to be clean, finally can't break"A man lives with his work. When a man dies his administration will be cast away"The curse of. To Chinese history as an example, from a clear written history began, many dynasties have only a few decades, one hundred years"Life", to more than200Years, only Han(426Years, divided into the Western Han Dynasty, Eastern Han Dynasty)Song(319Years, the Northern Song Dynasty, the Southern Song Dynasty is divided into), Tang(289Years, including21Years of the Wu Zetian administration)Ming(276Years)And clear(268Years)Five dynasties. When the dynasty existed for more than200Years of time, have entered the end, coming to an end, the historical cycle rate in attack, signs of decline has been very clear, until the last fall, crumble, was a dynasty replaced.

 

In fact, this is called "historical cycle" of the law, people Chinese study history, had been found. But different people, different reasons explained. In the author's opinion, the deep reasons lies in the shortage economy, the basic conditions of economic Chinese itself, is much less of the basic economic contradictions, lies in the interaction of feudal politics, natural and geographical conditions and invasive factors. In the world, from the time perspective, China Dynasty compared with some powerful empire life world history is not short, Chinese feudal law was not only lack of relatively perfect. With no "legal" or no "constitutional government" to study history, is demanding in the former, is to be wise after the event.

 

The authors said:A very cruel fact is, country"Rich"Not necessarily"Strong". Proof of two thousand years of the history of the world economy, ChinaGross domestic productLong term total world first, but we are not able to"Rich"A hard power state, no"Strong"Again, does not solve the problem of historical cycle, the reason is not in itself, but a problem of politics. The Qing Dynasty last emperor50Years1861~1911Years)ChinaGross domestic productEven though the total amount is still among the highest in the world, especially in the wake of the second Opium War, the Qing government carried out30The Westernization Movement for many years, the national strength increases,Gross domestic productThe total still ranked first in the world second, is Japan several times, but in the Jia Wu war but failed.

 

China long-term economic leader of the world, this is not a problem. But how can that only "rich" is not "strong" conclusion? The Qin Dynasty although short life but not strong? The Han Dynasty is not strong? The Tang Dynasty is not strong? Yuan Dynasty is not strong? The early Ming Dynasty is not strong? The early Qing Dynasty is not strong? To put it bluntly, but in the west after industrialization, at this time and the ratio, to say Chinese relative is a "rich" is not "strong". The problem is that in the modern, relatively backward in industrial.

This is not Chinese, problem of a country. Colonial, almost all over the world. At that time, almost no country can be spared. In front of this wave, power is not full of subjugation, the world only Chinese.

 

The authors said:The state economy is the flesh and blood, not flesh and blood, is not. Constitutionalism and rule of law is the national skeleton and neural network. No constitutionalism and the rule of law, the state has no skeletal support, there is no ideal value, political order, social anomie, rampant corruption, is a pile of messy, trampled upon the flesh!

 

I think, physical and economic is the foundation of the nation, politics and the law must be compatible with. The authors said, a lot of problem is political, not legal issues. China was backward, look from the surface is a political problem, is the essence of economic problems.

The geographical position China, makes China could not join the western industrialized tide fall over each other and overseas expansion. At the same time, China huge internal market and resource endowment, that the power Chinese difficult to immediately produce naval expansion, such as the Ming Dynasty seclusion.

The Westernization Movement tries to solve, but not the powers expansion speed. Foreign capital expansion, not have the patience to wait, also can't wait. At that time, the world economic development, especially industrial development speed, than any time in history. Powers come China door, had already defeated says to not be clear about the number of small countries and tribes.

China equal alone is biased, block combined with political inertia, could not understand how, advanced force was hit by one after another. This and have what law, especially constitutional, not. The British Empire and other powers, is the perfect constitutionalism in aggression, in the perfection of constitutional implementation of aggression. This historical causality, not man-made barely arrangement.

Trade and capital accumulation, capital expansion, expansion to promote industry, industry to enhance the use of force, the weak force of aggression. Political and legal, but are for this service.

History, including a human productivity writing. The function of superstructure, no economic basis function high.

 

The authors say not clear:With no legal order, the country can be a disaster. Because it is not rich in rule of law or the rule of law is not perfect situation to obtain, no order, no fair;In addition, richer, more conflicts and disputes, if the law can not solve these contradictions and disputes, it can only be solved through violence.

 

According to the author know knowledge of history, the author thinks that: the law often lags behind reality. The law has led to the reality, jurists of self delusion.

China Qing rich and, at that time didn't "Qing law"? Is it right? Men and women with high ideals that China behind, just think of Wu Xu?

I don't know, the author describes the phenomenon, Is it right? A metaphor China realistic meaning. If it is, if I may say so, the western law, would not help much China. On the contrary, it is for us, some from people, regardless of the actual Chinese, copy the western jurisprudence, the law of Western alive, to China endless chaos.

 

The author also said:History has proven time and again, no matter how wise emperor, no matter what the wise ever-young of palaces and tombs, no matter how strong build, no matter how rich countries, no matterGross domestic productHow high(Even the world's first)Finally, don't jump out of control of historical cycle rate. Chinese feudal regime can not solve this problem, on one hand there is no way to realize the organic unity of the monarchy and democracy like Britain, we dare not develop democracy, is not willing to the construction of constitutionalism and rule of law, is the natural result of death.

 

We don't know if Qin Shihuang could draw on the experience of constitutional government, do not know the Emperor may have followed the Greek polis democracy. Chinese has passed through a unique, independent people this way. China historical things, there is no need to use modern western experience and theory ". If the author is today,"There is no way to realize the organic unity of the monarchy and democracy like Britain, we dare not develop democracy, is not willing to the construction of constitutionalism and rule of law", so I said, China won't do. China not to do, not only will not"Is the natural result of death", and will be more prosperous, and finally realize the great rejuvenation of the Chinese nation. We do not agree with the generally speaking that "democracy is a good stuff", and clearly pointed out, "constitutional government" is not a good stuff.

 

Author by example:At the end of the Qing Dynasty, the rulers had instinctively tried to jump out the constitutionalism, domination of historical cycle rate, but did not succeed. The constitutional reform in why eventually ended in failure, resulting in the death of a broken?Not the people and history gives no chance to the Qing government, the opportunities are many, the main cause of failure of the Qing Royal family and the government delayed reform, to establish constitutionalism, be of two about muddle with one's duty, passive, opportunity loss of constitutionalism constitution again, let"Constitutional moment"In their hands they miss. To realize constitutionalism is to save the last straw, determined action, already too late, the outbreak of the revolution has been unable to avoid. If the Qing Royal family and the government to actively promote constitutional, from top to bottom go to, not let people from the bottom up force, it very likely constitutional reform success;If the Qing Royal family and the government decided, strong willed and clear, eliminate all interference, leading the whole process of constitutionalism constitution, to establish constitutional monarchy, the country would not be split perish, territory, sovereignty will not decay.

 

According to the author's opinion, the Qing Dynasty if constitutional, is not nothing? First of all, what time China subjugation? China, never conquered. Secondly, the Qing Dynasty if constitutional success, China can go capitalist country road? Britain would not be force to sell opium, to solve the import of tea and porcelain brings trade surplus? Wool sweaters to sell Jiangnan people not afford to enjoy? Third, the China crisis, not only in foreign countries, but also the internal problems. Why did the peasant uprising of the Taiping Heavenly Kingdom? "Zizheng xinpian" also to capitalism, also put forward the "country with legal system first, according to the legal behavior, initiative do then legal system, legal system and national"; in the absence of the premise of national political independence, it is unable to realize the dream.

 

The authors claim:Has been in a China East japan,19The mid century against the Western powers in the same circumstances, can rise rapidly, has entered the ranks of great powers, the main reason is that in the first Asian formulated the constitution, established the constitutionalism, constitutionalism constitution is successful, the successful completion of the constitutional transformation.

 

In the author's opinion, as long as practical look at history, have a look in Japan after the Meiji Restoration, the initial also is in disarray, have a look the economy from what when trade volume increased, a substantial increase in raw material production?

This point in time, mostly in the1895Years later. This time, the Japanese in the United States. Support, has occupied the north, won Jia Wu naval battles, and then win the Russo Japanese war.1895Years, JapanFrom the China plunderWarLoss of silverAs2.3Million taels, big departmentAgainFor war preparedness.

Implement of imperialism, is the real reason for the rise of japanese. As for what "constitutional" and the like, that is on the side of the war, while a few. The constitutional process in Japan, and Chinese almost, but also dawdle, have no alternative against one's will. The Meiji Constitution, i.e."The constitution" empire of Japan, is JapanAccording to theThe modern constitutionalism formulation of the first constitution,Allegedly copied a lot "Prussian constitution" content, to1890YearsBefore the implementation.

 

The author then thought of constitutionalism zushi ye:At present, the world's oldest political system is the British1689Years"The Glorious Revolution"The establishment of the constitutional monarchy system, has been running324Years. In this320Years, the British had not happened what civil war, realize the long-term peace and development. A system can be sustained for more than300Years still to run well, a country can exceed300Don't fight in the civil war, was a political miracle!

 

No civil war, perhaps is really. But please do not forget: the British Empire has a number of battle outside, a nearly global coverage of the British empire. This is indeed a miracle, but not a political miracle, but the miracle of miracles of capital, war, aggression miracle, not what great. And this can be comparable to the military marvel, Chinese yuan, on land already played.

 

Author exclaim:Why can be so, because the establishment of constitutional system, provides the running rule of legal political, and any disputes can be fair and reasonable solution through the rule of law. It is precisely because of the established the constitutional, political system completely solves the problem of Britain, to be in the"Security"Then, quickly took to the road of big foreign aggression, occupation of overseas colonies. A native only24Million square kilometers of the Western European country, can occupy world3350Million square kilometers of land--The equivalent of 1/4 of earth's land, and almost all of the ocean channel(Open the map of the world, we will find that, most of the islands and the sea channel is English name).

 

In the author's opinion, in fact, this is the inside and outside. Continuous expansion, conducive to the relaxation of internal contradictions; ease the contradictions, is conducive to sustained expansion. Perhaps, today's Britain, as was the constitutional system. Why is only rest on our laurels can do? Recently some people say that Britain is a small country, Britain's prime minister also burst into anger. If according to the authors, the British Empire, should be more than500Years on, on the strength of what can be America and other countries more than one one? Like a mighty season, and no more than the Han Dynasty record. The UK324Years after the Second World War, probably less, some years gradually fading, this and other dynasties is close to the China. The power of constitutional democracy, and not as big as the author said, and Chinese people this political almost.

 

The author also talking about the boss of constitutionalism:America developed history also proved this truth. American second capitalist constitutionalism country.1787Years from the continent of North America13An independent country(State)The50Multiple representatives made today's America constitution in Philadelphia, constructed with USA national constitutional system.

 

Said USA constitution with USA conditions, the author agrees. Otherwise, how can America mighty to one hundred years? America early, through war, against aggression, is a. Otherwise, how to get America now50A plurality of States? Mexico, until now still can not be reconciled.

 

The authors said:The constitutional system has existed and successful operation224Years,200Over the years only to increase27Amendment to the constitution. In short200Years, American leap than all other countries, continue to enter new areas, to increase the population, gathered the best talent in the world, with the most advanced high-tech world, is the world's largest economy, has the most powerful military in the history of humanity has, in70Many countries have troops or military presence.

 

America, is currently the world's first true economic. Give224Years plus50Years enough? At that time, USA have much hope won the first? With the current trend looks, I am afraid it is difficult to exceed the UK big brother records. Say "American leap", that is to USA boast. Were it not for the global collapse of colonial system comprehensively, in powers of slavery countries have independent, USA want more than those who had powers, not be an easy job to the.

"Have the most powerful military in the history of humanity has", is worthy of praise? The army, for what? I didn't see USA troops to help its own people, let alone do not people, didn't do what big live. I see, the main fight, beating others, playing the weak. Recently, and even other troops directly face are not, is the aircraft flying ships, offshore, missile talk, such as the recent plan to attack Syria.

 

The authors conclude:After the establishment of British constitutionalism compared, so far300Many years not to fight in the civil war, USA constitutional republic200Over the years, there has been only one civil war. But only in the past60Years, America in overseas has hit170First battle. Not to say that outside the war is good, but that American can move, consistent foreign, because America in the early years of the Republic had"Security"The American, established in accordance with the conditions of the constitutional system, from the country is beginning to be completely solved the problem of system."A country, a constitution, a destiny"To Americans, USA constitution, to American brings good luck.

 

Said American"Security"Well, the occupation of Wall Street is how to return a responsibility? The financial tsunami, how be to return a responsibility? To the first of the great depression, how be to return a responsibility? Check the USA modern history, embarrassed things really many, not so glory.

It is played in the overseas170Battle, USA probably hit country outside war record. What "to move" "security", is within reach. On the contrary, is the foreign aggression, ease the contradiction. To force to engage in domestic resources, if we do not appreciate, not the Americans too dull?

I America, did not go to see someone say what "America constitution center". At that time, I really do not know someone so worship, the inner wall of the word1857In the first sentence"A country, a constitution, a destiny". If you know, what you got to have a look, feel. America history of 200 years, Chinese than many dynasties time, no where to go. Now that the America countries can "long" words, actually a bit early. If American again like happened in previous years as the financial tsunami, even greater problem, American constitution Is it right? Some responsibility? This, some who are not promising. The "Qing law" "Ming Dynasty law", also hope that as the author begins to say, want to protect "Jiangshan existence", to "open the peace", is also wants to "long live".

 

The author further concludes:The Anglo American countries are able to bourgeois party in power for a long time, the national long period of stability, because the first realization of the constitutional government, domestic political and legal, institutional, any problems including political problem, can be solved by law, any internal contradictions may not deteriorate into civil war, civil war, the British people will no longer call Britons, Americans not to fight the americans.

 

Practice the rule of law, do not mistake. The question is, what is the rule of law. This saying is:"So can the bourgeois political parties in power for a long time, the national long period of stability, because the first realization of the constitutional government".

The essence of constitutional regime, is secretly for large capital services. The capitalist countries, capital services, capital personified human services, is a natural. But if the foreign aggression to stop, if this kind of service can't hold out much longer. Recently, not how to fight the capitalist countries, not see who the economy a big improvement, sway back and forth. Anyway, maybe it is right: the capitalist countries, is not to play their own people, get a stranger, or like a war, World War II that fight each other.

I estimate that in the socialist countries, with body, probably not. The front has said, the socialist national long period of stability, depends on is the Communist Party put one's heart and soul into serving the people.

 

Author to appreciate the language said:To American2000Presidential election recount dispute appears as an example, in the36Day counting disputes, despite fierce struggle, even intensified, but no violence, no army, no one died, the use of the lawyers and judges, they debate in court debate the right and wrong. That year12Month12At night, USA Supreme Court made the final decision, a field in other countries may have evolved into a long time of strife and civil war"Struggle to the throne"The Supreme Court, with the gavel falls and a peaceful end.

 

The author is really a bit naive. These days, do you think the judges are the fireworks in the vacuum, don't eat? You think all forces are in idle wait and wait? The power of capital would really waiver? However, the behind the scenes deal, is a little-known secret. If the decryption is not Snowden's, a lot of people never believe in American intelligence agencies, to the so-called "anti-terrorism" needs and infringing the freedom of others, including the majority of Americans.

 

The authors say with confidence:Indeed, in the American Civil War that these countries do not, even if the occurrence of similar we"The Cultural Revolution"So long time of civil strife is almost impossible, their constitutional system has ensured the success of hundreds of years of peace, political stability, rapid development, and has become a super power in the world.

 

The author suggested that have a look, the last century60In western developed countries in major media reports, which China before the "Cultural Revolution" reports of their young people, have a look, then Is it right? Like China young people crazy. A few years ago, with the American occupy Wall Street movement, the western countries did not respond? Do not use the police?

 

The authors contrast, said:Many of the traditional powers, powers all feel ashamed of one's inferiority in front of these new constitutional state. Many countries for a long time, the restless, political instability and civil strife, civil war and the long-term struggle, anxiety, civil strife often trigger foreign aggression, foreign invasion, the continued loss of national sovereignty, further intensified internal problems, internal always make uncertain, mention foreign enter new areas.

 

We can not deny the role of internal factors. But the internal cause is caused by foreign aggression, why? The real reason is, no foreign aggression, not in strife within. Ah? A country appears within, and even the emergence of civil strife, foreign aggression had reason to come in! This is what the robber logic?

 

The burden of road:Compared with the British300Many years not to fight in the civil war, American country200For many years played only a civil war, Chinese B.C.26The era of Shen Nong, A.D.1911Dynasty, about4500Long years, recorded Wars3791Time.

 

This comparison, is the different period, different background of war together, what persuasive? How do you know China3791Time is the civil war? I said Chinese founding60For many years not to fight in the civil war, right? American repression of black, not the civil war?

 

Author "from ancient times to the present":From the1912Year to date100Years, Chinese also experienced many wars, especially the many should avoid similar"The Cultural Revolution"So long time civil war.

 

I haven't seen the Chinese, serious historians, the "Cultural Revolution" known as the civil war, but playing time is long "". This is another invention of Mr. wang.

 

Not to the point that the author:The reason why there are so many civil war, one of the important reasons is that China has not established an effective system of constitutional government and the rule of law.

 

What is that which "civil war", after the founding of the "Cultural Revolution" Is it right? Just once? Don't China calculation "civil war" began with the "Republic of China"? Please don't forget, "Republic of China", recognized as the world's Chinese, at least from the70Time, itHas become history. Now that China China, non. Now Chinese, is the people's Chinese, rather than constitutional China. It is because of "constitutional government" difficult to stand, Chinese only in the Republic of China, a series of civil war. Civil war, also from the opposite proved the failure of "constitutional government". The kind of authoritarian "Kuomintang constitutionalism", is really difficult to effectively.

 

Author before that:Since the reform and opening up, China for more than30Years of civil war, the war did not happen, one of the important reasons is the30Over the years the development of democracy and the rule of law, making a large number of disputes can be resolved by law is fair and reasonable.

 

Constitutionalism, constitutional, legal, there is mutual connection, but not a thing. Since the "law" in the "development", democracy and the rule of law, have30No "civil war" "battle", there is no "constitutional government", and what is the special significance? Because, remember the author specifically mentioned in front, constitutionalism and democracy, the rule of law (constitution), not to be confused with.

 

The author finally raising the hand:We have to admit, the socialist countries have not very good solve this problem. The Soviet Union lasted less than70Years of time1922~1991Years)Indeed"Its Hing also, Yan dying suddenly"!The demise of the Soviet Union and one of the important reasons, it should be said that is democracy and the rule of law a long absence, not to the construction of socialist political constitution, construction of enduring constitutional system and mechanism. As Comrade Deng Xiaoping pointed out that the serious:"Today we don't improve the socialist system, people will say, why some problems can be solved by the capitalist system, socialist system but can not solve it?This method is not comprehensive, but we cannot therefore do not pay attention to. Stalin seriously undermined the socialist legal system, Comrade Mao Zedong has said, such a thing in English, law, the United States so western countries may not happen. Although he is aware of this point, but not in practice solve the problems in our system of leadership, has led to'The Cultural Revolution'Ten years of catastrophe. The lesson is extremely profound."

 

Originally, the Soviet Union's early death, is derived from "no constitutionalism"! As for the Soviet Union Law "vacancy", is not the marginal.

The authors also cited Comrade Deng Xiaoping and Comrade Mao Zedong's words, to support his argument.

In fact, the author paid no attention, Comrade Deng Xiaoping is"Don't improve the socialist system", that is"Sabotage of the socialist legal system". I haven't had time to check the original. Just as the original, but not the "constitutional government"! It shows that, the old people is that socialism, not capitalism.

 

The author finally some caution:We dare not say that western countries would have resolved the eternal problem, succeeded in finding the jump out of the historical cycle rate control method, because the British system only lasted324Years, the system can maintain a America224Years.300For many years,200For many years in the history of human being is just a.twenty. Perhaps, the near future will be American"The reform of political system"The establishment of the new deal, reform. However, do not see signs of this and may. The capitalist system can solve the problem, the socialist system should also be able to solve, and should be solved better.

 

New policy? We not only need to ask: what is modified, "the government"?

If you had a superficial reform "constitutional", the constitutionalism and so effective, so good, why to reform? Since the people old English Americans would reform these things, why China must learn, to follow?

If change not in front of "constitutional government", which is why our authors, non apotheosis in front of the "constitutional"?

 

    The fourth part of the problem:Constitutional politics China Road

 

The authors said:As mentioned before, how to solve the problem of historical cycle, the proposed the first generation of collective leadership with Comrade Mao Zedong led is"Democracy". But the practice has proved that the national long period of stability, democracy is necessary but not sufficient condition. In some countries, democracy, strong. But some countries democracy after declined, political corruption, social chaos. After the founding of the PRC, we tried"Great democracy"Negative results, toward democracy, that happened"The Cultural Revolution"That tragedy, the national economy is almost to the edge of collapse. The first generation of collective leadership Chinese people to realize national independence, and has established a relatively complete national economic system, its historical contribution is indelible. However, we have to admit, they have not been able to solve the problem of how to ensure the party in power for a long time from the system, the national long period of stability of the historical problem.

 

It seems, the author also some seek truth from facts, at least know "democracy" of a lot of problems: democracy is ineffective, democracy has disadvantages.

Said the first generation of collective leadership have not been able to solve"How to ensure that the party's long-term national long period of stability, the historical problem from system", be rash, is biased, even crazy paradox. In fact, the people's Congress system, the multi-party cooperation system under the leadership of the Communist Party of Chinese, Chinese party must adhere to the mass line, to put one's heart and soul into the purpose to serve the people, already in the system, system and practice principle in solving this problem. However, it still needs further improvement in practice, better stick.

 

The author continues to comment:To Comrade Deng Xiaoping as the representative of the second generation of collective leadership in experience"The Cultural Revolution"Ten years after the disaster, seriously sum up the place"The Cultural Revolution"The reason, to explore to avoid tragedy from happening again, achieve long-term ruling system. Comrade Mao Zedong was compared to give the crack this eternal problem"Democracy"The prescription, the second generation of collective leadership of the solution, in addition to democracy, and"Legal system". Comrade Deng Xiaoping understanding to occur"The Cultural Revolution"The real reason that tragedy is system and system. He said:"All the mistakes we have occurred in the past, though with some leaders of thought, style, but the organization system, work system problems is more important. These aspects of the system to restrict bad guys, bad system can make good people to do good fully, and even go to the opposite.......Not to say that the person is not responsible, but that the system of leadership, organizational systems are more fundamental, overall, stable and long-lasting. This system, whether to change the color relations between the party and the state, we must attach great importance to the party."He also pointed out that:"I have a point of view, if a party, a country is pinning its hopes on the one or two person's prestige, not very healthy. So, as long as the people have changed, there will be no stability.......I think the role of any one individual."He said:"I have never believed in exaggerating the role of any one individual, because that is dangerous, difficult to continue. To a country, a party's stability based on one or two personal prestige, is unreliable, very easy problems."Therefore, we must seriously implement the socialist democracy, strengthen the socialist legal system, the democratization, legalization, so that the system and the law has the stability, continuity and great authority, not by leaders of changes, not because of the leaders and pay attention to force change. In the aspect of solving this eternal problem, given the party's second generation leadership collective way"Democracy+Legal system"This is a huge progress! "Legal system"Is the essence of constructing system, establishment of rules. Any of a long-standing organization, whether government or company, enterprise, social organization, internal rules and regulations must be very perfect, not by force, can the independent body self operation. Otherwise, the internal chaos, or simply take the law of the jungle"The law of the jungle"To solve the internal contradictions, such organizations could not long, not out of control cycle rate.

 

The author thinks, in resolving the "eternal problem", the second generation of collective leadership in the "democracy", with a "legal", is a "tremendous progress".

The author thinks, legal system is actually one of the thousands of years of traditional China traditional politics. Have not heard, China which important dynasty, do not attach importance to legislation.

Need to remind the reader, author think,"Democracy""Legal system(the Constitution) "and" constitutional government ", the two should not be confused.

 

The authors said:The party's third generation of collective leadership with Comrade Jiang Zemin at the core of the banner of socialist democracy and legal system, as well as the Party Central Committee with Comrade Hu Jintao as general secretary to, to push forward the cause of socialism democracy legal system in china. Especially1997The 15th National Congress of the Party established years"Ruling the country by law, building a socialist country ruled by law"The basic strategy of governing the country,1999Years and written into the constitution, from the implementation of the"Legal system"To"Rule by law"Leap, the rule of law is not only the means, tools, more important is the strategic target, is the important direction and value orientation of national development. Focus on the construction of rule of law is not only the public and the society, but into government and leader cadre, use the law to define the limits of authority, regulate the operation of the power, building the rule of law and the rule of law government.

 

The author affirms the ChineseFrom the"Legal system"To"Rule by lawThe "leap"".

The author thinks, although many experts and scholars will China ancient political generally attributed to the "rule of man", but in fact, the political history of ancient China coexisting with the "rule of law". Otherwise, it is not enough to explain why Chinese dynasties, legal system construction is endless, but long-term leading countries in the world. We can say, the legal system, the legislation idea and practice, and the West different, difference is very big.

 

The authors said:Comrade Jiang Zemin1999Years1Month hosted outside people forum, the constitution was amended sections that advice, the constitution is the fundamental law of the state, has the extremely vital role in national life. The constitution is the core and foundation of the legal system, is the fundamental basis for the rule of law. We speak of the rule of law, building a socialist country ruled by law, the first is the constitutional basis for governing the country, nation building. He emphasizes, maintain the dignity of the constitution, to ensure the implementation of the constitution is very important. This first needs to establish and perfect the legal system of safeguard constitution implementation, a series of the principle of constitution through legislation to implement. He said, China's socialist democracy and legal system development, not only the legislative achievements, and law enforcement work has made great progress, the rule of law and social environment are gradually formed."The Cultural Revolution"During the period that a flagrant violation of the constitution of things have gone for ever. But we also must see soberly, in real life, the authority of the constitution has not been fully reflected, the constitution implementation still exist such problems.

 

The author thinks, the constitution is the "law", "administrative constitutionalism". Method, can be used for reference. Politics, not confusion.

The constitution, is the embodiment of politics, is the realization form of politics. This form, specific content without the political attribute of proprietary, we can use. The form is like a box, is holding various kinds of things. In what you say. The preamble of the constitution, the text (chapter, entry), annex and so on, write what, can according to the facts.

Constitutionalism, rule of law is embodied, is the substance of the rule of law. The content, the specific meaning of Western democracy, we can not use. The constitutional government system like framework, is unable to enter the specific things. What is difficult to fill. The constitutional idea of individual freedom, parliamentary democracy, the three powers, judicial independence, is a theory and system. Individual freedom, behind is the capital freely. Parliamentary democracy, hidden under the multi-party system is free elections. Three power balance, behind is the separation of the three powers. The independence of the judiciary, behind is detached from the leadership of the party, etc.. Of these, the development road and socialist political principles, socialist political civilization and political, there are fundamental differences and conflicts.

 

The authors said:2002Years12Month4Day, Comrade Hu Jintao pointed out that all walks of life in the Capital Constitution published twenty Anniversary Memorial performed in his speech to the general assembly, the constitution is the fundamental law of our country, is the general regulations safeguard a country, is to maintain national unity, national unity, economic development, social progress and the legal foundation of the long period of stability, is Chinese Communist Party in governing and rejuvenating the country, unite and lead the people in building all ethnic groups in the country in China socialist legal system guarantee. Implement the strategy of governing the country according to the constitution, the first full implementation. This is a basic task of the construction of socialist political civilization, and also a basic work for building a socialist country ruled by law, takes a long time to catch on, unremittingly to do a good job. Hu Jintao also pointed out, the full implementation of the constitution, must adhere to the leadership of the party, Party organizations at all levels and all Party members should play an exemplary role in abiding by the constitution, strictly in accordance with the constitution.

 

The author believes that the constitution, as the fundamental law of the state, it is in the legal sense of the. Any laws including the constitution, there are times. The constitution, it is the party leads the people to make, but can be accepted in the certain historical stage, the content of the overwhelming majority of the people.

The constitution, not fully reflect our party's political ideas. In the embodiment of politics of socialism, the party constitution is higher than that of the constitution. The constitution, not related to the realization of communism; also did not specify a Chinese leadership by the Communist Party in the text. In fact, the Communist Party is not only Chinese China state power, has decision effect the ruling party, and it is Chinese people along with the leadership of the party, vanguard force.

 

The author points out:2004Years9Month15Day, Hu Jintao all walks of life in the capital was established to commemorate the National People's Congress50Made an important speech at the annual general meeting, formally put forward"According to the Constitution"And"Ruling by constitution"The concept, emphasize"The rule of law, first of all to run state affairs according to law, ruling according to law, first of all to ruling by constitution".

 

The author thinks, the Communist Party of Chinese to managing state affairs according to law and ruling by constitution, but can not agree with the "supremacy of constitution". Chinese Communists, lofty ideals with the common ideal and communist beliefs of the overwhelming majority of the people. The primary stage of socialism constitution, is not included in the Communist lofty ideals, but does not mean that the future is not loaded when conditions are ripe. So, constitutionalist said "the constitutional government is the" universal value "constitutional supremacy", Chinese Communists is not acceptable.

Here, in fact contains the political ideology trap. Constitutional supremacy, means that the constitutional content first, mean curing the constitution content of certain historical stage, means that the curing of certain class interests. This means that, the Communist Party will be constitutional hold political leadership nose.

 

The author mentions eighteen report:2012At the party's eighteen big again, the rule of law is the basic policy that the party leads the people in running the country, the rule of law is a basic way of governing the country, we should pay more attention to play an important role in the state governance and the rule of law in social management, promote the rule of law, accelerate the construction of a socialist country ruled by law. To achieve this goal, we must comprehensively implement the constitution.

 

In the author's opinion, the constitutional government, which is in Marx's theoretic system, into a distorted wedge. The wedges, freedom, democracy, than the more obscure, have more political risk. We have experienced, some people put forward "democratic socialism". In practice, the Soviet Union is the fuzzy front collapse. As for the "constitutional" socialist "constitutionalism", contains the same or greater risk. So, will not give us constitutional "peace", can guarantee ten or twenty years of peace, to be good.

 

The authors say that some people had to dance for joy:2012Years12Month4Day, the CPC Central Committee General Secretary Xi Jinping all walks of life in the capital Memorial constitution promulgated30Made an important speech at the annual general meeting, this paper elaborates the new CPC Central Committee leadership of the constitutional concept. Points out that General Secretary Xi Jinping, the full implementation, is building a socialist country ruled by law and the primary task of the foundation work. The constitution is the fundamental law of the state, is the general regulations safeguard a country, has the legal status, the highest authority of law, legal effect, has a fundamental, overall, long-term, stability. The people of all ethnic groups, all state organs, armed forces, political parties, social organizations, enterprises and institutions, the country must take the constitution as the basic standard of conduct, and for the maintenance of the dignity of the constitution, to ensure the implementation of the constitution duties. Any organization or individual, may have beyond the constitutional and legal privileges. All activities that violate the Constitution and laws, must be investigated.

 

The author thinks, these words without any omission. The problem is, some people prefer to rely on subjective wishes to crooked thinking. Some media, want to took the opportunity to launch a "constitutional dream", but didn't wait out have been stopped. Some of the heart has unwilling, clamoring, refused to leave the matter at that.

 

The authors claim:Comrade Mao Zedong led by the party's first generation of collective leadership can not solve the problem of historical cycle, just put this proposition, and gave half the answer"Democracy"The practice of democracy, but there is no real. Comrade Deng Xiaoping led by the party's second generation of collective leadership to solve the historical problems, given the other half"Legal system", and made great efforts for democracy and the rule of law, have made historic contribution, I sincerely hope that the capitalist system can solve the problem, the socialist system should also be able to solve. The party's third generation of collective leadership with Comrade Jiang Zemin as the core, and the Party Central Committee with Comrade Hu Jintao as general secretary of the further"Legal system"Rise to"Rule by law"Height, clearly put forward the rule of law, building a socialist country ruled by law;And clearly put forward"According to the Constitution"And"Ruling by constitution"The concept, emphasize"The rule of law, first of all to run state affairs according to law, ruling according to law, first of all to ruling by constitution"."According to the Constitution","Ruling by constitution"Natural produce"Constitutional politics"Constitutional politics has stand vividly revealed on the paper.

 

The author thinks: in fact, Comrade Mao Zedong said "no practice democracy", is only the surface, did not see the essence. Said"According to the Constitution""Ruling by constitution"Naturally generated"Constitutional politics", as mentioned before, the simple point is thinking.

 

The authors said:With Xi Jinping as general secretary of the Central Committee of the party, look far ahead from a high plane, know what one is about, in a highly responsible to history and the spirit of the people, once again raised the issue of historical cycle, warning the party and the country, to study and solve this problem. Constitution is closely related to the fate and the future of the nation, the people;The full implementation, is building a socialist country ruled by law and the primary task of the foundation work. After several generations of collective leadership of the difficult exploration, about how to jump out of the historical cycle rate control, make the party can be long-term ruling, countries can long period of stability, the answer should be said has been very clear, that is"According to the Constitution"And"Ruling by constitution"The construction of socialist political constitution, and. The question is, how to build socialism political constitution, there is no determination, perseverance and courage, will, like grasping economic construction, political construction of the constitution to catch up, until the final success.

 

The author thinks, the implementation of the constitution, and accept the constitution, two aspects of the problem. The constitution, is the governing political master. Constitutionalism is the political system, ideology. Not a legal concept we accept the problem, but a universal theory of political concept. Do you think have their own understanding of it, people will according to his understanding of the debate and you, can easily lead to the concept of fuzzy, quarrel, ideological confusion, where public opinion, the team scattered messy. More important, it is by the Western pre occupied the commanding heights of political discourse. Even using the concept of "socialist political constitution", must also be being asked about your "constitutional politics" Is it right? "Constitutional government", "constitutional" you and I "constitutional" have nothing in common, where all have in common? And so on, the theory and the practice question is difficult to answer.

Historically, we advocate the "socialist democracy" and "democratic" argument, in fact the theoretical controversy has not died, is in limbo. We then put the "socialist democracy" is defined as "people's democracy", the situation is much better. But the real problem is the practice, let people awake is practice. Because, the western countries under the banner of "democracy" under the banner of wrongdoing, is too much. They explain how, say impassability. Western democracy, dying.

We cannot recommit the same error. We don't need to, once again plunged into more complex theoretical argument. We can't let them, through a "constitutional" is activated.

 

    The fifth part:Five urgent problems to be solved

 

    The authors said:According to the eighteen report to the General Secretary Xi Jinping on speech and the party, the major problem of constitutional politics in China is an urgent need to address the following five aspects:

 

The authors said:One is how to realize the people adhere to the leadership of the party, be in power and the organic unity of the rule of law. First, how to realize the organic unity of leadership and the socialist democratic party, to adhere to the leadership of the party at the same time, adhere to all state power belongs to the people of the constitutional principle, extensively mobilize and organize the people in accordance with the provisions of the Constitution and the law, the state power by the people's congresses at various levels, through various channels and in various ways to manage state and social affairs, manage economic and cultural undertakings, become the country, their society and their own destiny. Secondly, how to realize the organic unity of the party's leadership and the socialist rule of law. As the ruling party, the party must improve the style of leadership and governance, must be in accordance with the party constitution strictly, according to the constitution of governance. The Party led the people to formulate the Constitution and laws, the Party led the people to implement the Constitution and laws, the party must activities within the range of constitution and law, and truly the Party leadership legislation, law enforcement, law-abiding ensure lead.

 

This, the author has no objection.

 

The authors said:Specifically, including: first, how to make the party's views through legal procedures become the will of the state, how to make the candidates recommended by Party organizations to become the leading personnel of state organs, organs of state power to the implementation of the party's leadership over the state and society support, the state power organs, administrative organs, judicial organs, procuratorial organs in accordance with the Constitution and the responsible for legal independent, coordinated work. Second, Party organizations at all levels and Party members and cadres to lead the rule of law, improving the ruling ability and level, promote the institutionalization, the law governing activities. Leading cadres at all levels, how to improve the rule of law and the rule of law by the thinking way of deepening the reform, promoting development, resolve conflicts, maintain stability, efforts to promote the formation of according to law, failing to find law, to solve the problem of usage, resolve conflicts by good law environment law, promote the work on the legal track. Third, how to perfect the power restriction and supervision system, ensure that the power entrusted by the people is always used for the people's interests. How to uphold the rule of law, administration by law, administration according to law to jointly promote the rule of law, rule of law, government, rule of law and social integrative construction. These are important problems to be solved urgently constitutional politics in China, the problem is to break the historical cycle rate, to solve major theoretical system and mechanism. If these problems can be successfully resolved, we will be able to jump out of the historical cycle rate, achieve long-term ruling and long period of stability.

 

The author thinks, the author discusses the opinion seems to be no ground for blame, but to say"If these problems can be successfully resolved, we will be able to jump out of the historical cycle rate, achieve long-term ruling and long period of stability", seems to be too optimistic. Because, the authors did not mention "the role of the people". I guess not accidental ignored. This is a common disease, many advocates of "constitutional government". In fact, the hearts of their democracy, elite democracy, the right of personal liberty, is that few have the capital and knowledge advantage of democracy, people's democracy and not Chinese Communists said the majority of the people. Naturally, people once started, will simply be regarded as "internal strife".

 

The writer stated:The two is how to establish and perfect the supervision mechanism of constitution implementation. Points out that General Secretary Xi Jinping, China"The monitoring mechanism to ensure implementation of the Constitution and the specific system is not perfect,......On these issues, we must attach great importance to, be addressed effectively."He says, the life lies in the implementation of the constitution, the constitutional authority also lies in the implementation. We will unremittingly to the implementation of the constitution, the full implementation of the constitution to a new level. The relevant supervisory organs of the NPC and its Standing Committee and the state to assume the constitutional and legal supervision, strengthen the implementation of the Constitution and the law of supervision and inspection, supervision mechanism and procedures, and resolutely correct constitutional violations. The local people's Congress and its Standing Committee to ensure the constitutional and legal compliance and implementation in the administrative area.

    In fact, Comrade Hu Jintao2002Year in commemoration of the constitution implementation20Anniversary conference also pointed out:"The full implementation, we must perfect the constitution safeguard system, ensure the implementation of the constitution. We should study and improve the supervision mechanism of constitution, to further clarify the constitutional supervision procedures, so that all the acts of violation of the Constitution can be corrected in a timely manner. The National People's Congress and its Standing Committee, should shoulder the responsibility of supervision of the implementation of the constitution, resolutely correct unconstitutional act;To carry out the constitutional interpretation function, make the necessary explanation and the explanation to the problems in the implementation of the constitution, constitutional provisions have been implemented better."

    1999Years1Comrade Jiang Zemin month also explicitly pointed out that, we should further establish the authority of the Constitution in the whole society, establish and perfect the safeguard constitution implementation of effective supervision mechanism.......All state organs and their staff, must be carried out in accordance with the provisions of the Constitution and the law, cannot abuse of power. Must be very clear, any state organ, organization or individual, not beyond the constitutional and legal privileges. Violation of the constitution is the most serious offense. All activities that violate the Constitution and laws, must be investigated. In this regard, we should take more effective measures, strengthen the effective safeguard constitution implementation, including perfecting the concrete system of constitution implementation, regular inspection and supervision of the implementation of the constitution, timely correct the violation of the constitution, the provisions of the constitution into effect.

 

The author thinks, his views on the operational level, also no problem.

 

The authors said:20Over the years, the general secretary of the three party, the party's central collective leadership, are of the view that we should establish and perfect the implementation of constitution supervision program, the problems of extreme seriousness and importance. Unfortunately, although the three general secretary of the Central Committee of the party emphasizes repeatedly, repeatedly asked, but no substantial impetus in this problem, it has to be solved!

 

I think, the reason is, the political parties and state organs things, do not see more in practice, are not serious. You really want to say it is unconstitutional, "some opinions of the so-called public intellectuals" in violation of the constitution. They openly opposed the leadership of the Communist Party of China, oppose socialism go China characteristic road. These unconstitutional speech, really should be punished.

 

The author thinks:The three is the reform of the political system, scientific allocation of state power, including the National People's Congress and transverse"A bicameral"Rational division of power distribution and the vertical central and local authority. Points out that General Secretary Xi Jinping, we should be in accordance with the constitution of the principle of democratic centralism, the state regime and rules, the people's Congress exercise unified state power, the implementation of the decision-making power, executive power, supervision power of both the rational division of work, mutual coordination, ensure that state organs exercise their functions and powers in accordance with the statutory authority and procedures, perform their duties, to ensure that state organs unified organize undertakings. We according to the constitution of system and principle, correctly handle the relationship between central and local, correct handling of ethnic relations, properly handle the interests of all parties, to mobilize all positive factors, the consolidation and development of democracy and unity, be lively and vivid, stability and harmony.

 

The author's point of view,"Through the reform of the political structure, scientific distribution of state powerNot speak in detail do not know what oneself or others are talking about.

 

The four is how to strengthen the protection of human rights, judicial system reform. Points out that General Secretary Xi Jinping, we will in accordance with the law to protect all citizens enjoy extensive rights, safeguard the citizen's personal rights, property rights, the basic political rights and other rights are not violated, to ensure that all aspects of civil economy, culture, society and other rights are implemented, efforts to safeguard the fundamental interests of the people, safeguard the people's desire and the pursuit of a better life. We shall just to people's demands, and strive to let the people can feel the fairness and justice in each judicial cases, never let the people's rights and hurt people's feelings, damage the trial unfair.

In order to safeguard the human rights, the real"Dimensional stability", it must be the reform of the judicial system, judicial justice, judicial organs exercise their functions and powers of independent guarantee. Justice is supposed to solve disputes and problems, part of their own can not become the problem, clearly the current judicial system in China can not meet the need of protection of human rights and democracy and the rule of law development.

 

The author thinks that,"Strengthening the protection of human rights"Not to the point, don't know who is what human rights, human rights. Human rights and the maintenance of stability, no need to pull together, the two concepts are too big.

 

The authors claim:The five is how to establish and improve China's constitution and constitutional politics, in order to adapt to the implementation of"One country two systems"And the need for national unity. First of all, we enforce the constitution politics, perfect legal system, the development of democracy, will greatly enhance the Hong Kong and Macao people's confidence and support of the country. Conversely, if the democracy and the rule of law in our long-term remain stagnant, even to the back, constitutional politics could not establish, Hong Kong and Macao people's patriotic enthusiasm will be a tremendous blow, people return to more difficult, to achieve national reunification will be elusive. Secondly, we present the constitutional politics not only to deal with all kinds of political issues of the continental interior, including the regional national autonomy and grass-roots mass autonomy, but also can accommodate after the reunification of Hongkong, Macao and Taiwan. On the one hand, the establishment of the Macao Special Administrative Region of Hongkong, put forward a lot of constitutional issues, for example, how to deal with the Standing Committee of National People's Congress constitutional legal interpretation between the power and the judicial Special Administrative Region of the power of final adjudication relationship, problem, development of democratic Politics in the constitutional status of the Shenzhen Special Economic Zone, the national SAR Chinese residents to participate in the national management rights, are the constitutional issues we've never met, we present the constitutional system and the system needs to be improved. On the other hand about how to realize the reunification of the two sides, our basic policy of peaceful unification. Since it is a peaceful reunification, we must face how to deal with"The Republic of China"And"Constitution"And"Legal system"The problem. Our current constitution and structure obviously cannot completely meet the needs of the peaceful reunification of the. How to further emancipate the mind, seek truth from facts, with greater theoretical courage and innovative thinking, the pursuit of maximizing the interests of Chinese people to realize national reunification, construction of the new constitutional structure and theory of need, is a hard task in this generation of Chinese Communist front.

 

Ah! This is the original author really trying to say:Establishing and perfecting the Constitution and constitutional politics. The front counter, reason has said, don't want to.

As for the unification of the country and the constitution politics, is a paradox. This year, Chen Shuibian made without democracy is not uniform, it seems that some similar. The author further, than Chen Shuibian to keep pace with the times, mentioned above a democratic constitutional level, reason is "willGreat enhancement of Hong Kong and Macao people's confidence and support of the country". In fact, I have already said, the central figure of "two systems", each one minds his own business. The implementation of the mainland what system, other people really don't need too much.

I think, building"To construct a new constitution to achieve national reunification and to structure theory", probably a bit early. The ROC "Fa", has feeble.. Comrade Deng Xiaoping said at the beginning of reform and opening up China: unified with the three principles of the people, it is not realistic. I don't know, the author Is it right? Want to borrow the reunification of the two sides of the way, back from Taiwan to the mainland "democracy" and "constitutional government input". If you like, I can still avoid. "One country two systems" this big frame around, don't waste this idea, so sweat. This is not possible.

I guess, the Republic of China's "constitution", should be in a few years ago, it reflects the author's expectation of constitutional spirit. Author Is it right? Want Taiwan to take this into the constitutional, political system,? Best don't take others as a fool.

 

Finally, the sixth part:Should never be constitutional politics and the leadership of the party in opposition

 

This part, should be the climax, should be very exciting.

 

The authors said:In a word, the rule of law, administration according to law, inevitable requirement of managing state affairs according to law, ruling by constitution. According to the constitution, ruling by constitution, the result must be constitutional politics. The implementation of constitutional politics is our through60Years of hard exploration, paying a huge price concluded, is really jump out of the historical cycle rate control, to achieve long-term governance and the only proper course to take long period of stability. The political constitution, can realize the national long period of stability and unity of the Chinese nation and the thriving and prosperous, sustainable development, and from the system and the system ensure the long-term ruling party, which dominated regime never change, to jump out of the historical cycle rate, the real solution to this problem of thousands of ancient.

 

"According to the constitution, ruling by constitution, the result must be constitutional politics", this argument, some are simple and crude. Operational levelAccording to the Constitution,Ruling by constitutionThe problem, and the top of the political constitution, is not to be equated. The reason of the.

"The only proper course to take," says too much hair. We won't forget said: Anglo American constitutionalism, may also have to reform it. Since English is said to be engaged in two hundred or three hundred years of constitutional government, are not sure how to solve the problems through the ages, constitutional get China to will that work?

 

The authors said:The implementation of constitutional politics and the leadership of the party in opposition, is very wrong.

 

In the author's opinion, the constitutional politics and the leadership of the party together, is very wrong. Balance of constitutional politics, means that political pluralism. Political pluralism, and how the party's political leadership is not contradictory, as if not what good method. Because its not democratic centralism, but completely "democracy".

 

The authors have an imposing appearance to say:Because our country constitution itself is formulated under the leadership of the party, each constitutional changes also is the Central Party committee proposed and proposed amendments, the highest form of constitution is the guidelines and policies of the party, is the expression of the will of the party's most rigid. Strictly in accordance with the Constitution Act, is the party's leaders insist, the reason is the most serious illegal, is unconstitutional nature is in violation of Party guidelines and policy is the most important, shook the country and the Party of the.

 

Similar disapproval"The highest form of constitution is the guidelines and policies of the party"Reason, I have said.

"Strictly in accordance with the Constitution Act, is to insist on the leadership of the party", is not only to also do not appear wrong.

"The essence is a violation of the party guidelines and policies of the most important", is forgotten or confused the party formulate guidelines and policies, is itself under the Constitution and laws of the specific content and behavior activity. If there are contradictions, some chicken and egg means, constitutionalism can resolve? The answer is, the same can not be.

Not unconstitutional unconstitutional, nor absolute, depends on the specific situation. For example, people's Congress in the discussion of the Constitutional Amendment issues, will speak at the meeting "unconstitutional". To solicit public opinions on the revision of the Constitution in the National People's Congress, can be in a certain range to discuss "unconstitutional" opinion. That said, the party tied to the "unconstitutional" context, is not. Said it would "shake the country and the party, the" is not on fire.

 

The authors said:China Communist Party as the ruling party is the need for the constitution within the scope of the law, but also because of our constitution is essentially the most important guidelines and policies of the party. But the constitution governing, not constitutional ruling, which will not only undermine the rule of law, in violation of the party's basic line and policies. Judging from the experiences and lessons of Chinese and foreign constitutional constitution, if our party can actively leading constitutional politics construction, establish the rule of law, to really play a leading role in the construction of a country under the rule of law, we will be able to consolidate the party's leadership, and ultimately the leadership of the party and the organic unity of the constitution.

 

There is an implicit focus:"Our constitution is essentially the most important guidelines and policies of the party". This is not true. Because, the constitution is stability, but does not necessarily need to modify. The party's important policy, one is to accord with actual; the two is to continue to advance with the times. In line with the actual meaning, to meet the people's growing material and cultural needs. Keeping pace with the times, mean, any policy of the party is not the ultimate, but reality; realistic policies, and the party's ultimate goal, there is always a distance. In this sense, the essence of constitution, and the guidelines and policies of the Party (especially route) link, is the need to consider.

In the view of the Communist Party, any laws including the constitution, are not eternal significance. The core of law, serves politics, especially the constitution. The so-called universal laws, including the law of universal, there is No. In the age of barbarism, tribal leaders on subjective will kill, is a reasonable and legitimate (then the law may be accepted). In the contemporary era, any leader, not to kill a man's power to decide. But on the battlefield, even in the face of death soldiers, must obey the command.

"Our party can actively leading constitutional politics construction", is not a tenable hypothesis. Moreover, "constitutional politics" or say "constitutional", the political problems with "according to law of constitution", is the two problem areas.

 

The authors said:In particular, we build the political constitution, must be China characteristics socialism political constitution. Total Westernization, wholesale import of Western constitutional system, is not feasible, should be resolutely avoid, also do things by irregular ways, futile, irresponsible.

 

The second part, the author agree, but also respect the. Can the author why not say:"The socialist constitutionalism Chinese characteristics"? Because, the author Sokai Muneakiyoshichi once said, "constitutional politics" is the "constitutionalism".

The key of the problem lies in the,"Chinese socialism"And"Constitutional politics"What is the relationship? Grammatically, it is partial structure. According to the usual understanding, "constitutional politics","Chinese socialism"Is defined. That is to say, first, there is a position difference, for the construction of "constitutional politics"; second, since the "constitutional politics" into the China, how also get to Chinese face, some "Chinese characteristics"; third, "socialism" and "constitutional politics" can grafted together.

The socialism, is the leadership of the party, people take leadership and other specific political content. The political constitution, human rights, democracy, rule of law and political requirements.

The socialist party, is the vanguard, not general multi-party in the party. People take leadership, is the fundamental political position that the overwhelming majority of the people, not including a large force of capital. But in a certain historical stage, not fundamentally in conflict situations, can coexist.

But the Constitution Politics (simply said "constitutional"), the constitutional rights of citizens, is a universal equal rights. People and capital strength once the conflict, is of equal rights. This has shaken the fundamental status people take leadership. Political differences between the Communists and the western political forces, right here.

And the rule by law, rule of law is independent, is about balance. Once the various forces in conflict, how to guarantee the fundamental status of people take leadership? But in the present times, capital strength is a natural advantage. The fundamental purpose of the party constitution of the Communist Party put one's heart and soul into serving the people, and decided China party must stand aside. The party through the constitution of its political leadership, will be able to protect the people take leadership position. That is, we do not accept the so-called "separation of the three powers" of "judicial independence" balance theory of the important reasons.

The constitutional democracy, is actually based on no particular conditions of individual freedom. General political democracy, is actually in order to protect the freedom of citizens, can only guarantee the citizens' personal freedom. So, this seems to be the political equality behind, to cover up the economic power (capital) of different and even very different. Capital strength, in order to safeguard their own interests and the interests of expansion, will become a kind of external weights in politics. The additional weight difference caused by external, will react to the political, and bring with the capital strength of the group, to obtain equal rights in politics. Some advantages and benefits. Therefore, from a legal sense of civic democracy, in the capital strength under the conditions of existence, reality is unequal democracy, it is difficult to safeguard the interests of the overwhelming majority of the people. It is the purpose of the Communist Party of China back and. Natural, and socialism, but also the inherent differences and even conflicts.

To sum up, "grafting socialism" and "constitutional politics", is a let Communists trouble problems, probably harder than solving the "historical cycle". In order to solve the problem of "historical cycle", and the introduction of "constitutional government", is the wrong prescription, the wrong direction.

This problem, in fact no constitutional political trouble, Communists had countermeasures. That is, adhere to the mass line of the party put one's heart and soul into practice, the fundamental purpose of serving the people. General Secretary Xi Jinping led the development of the people, pragmatic and clean the mass line education practice, is toward this goal of a solid step forward. Most people believe that the Communist Party, with the Communist Party, support the Communist Party, and what to entertain imaginary or groundless fears "historical cycle"?

Of course, we also hope that the constitutional faction less play "Sideswipe", domestic and foreign hostile forces are less, less trouble, little challenge. We can save energy, less distraction, more cohesive, solve the Communist Party's own problems. At this level, we need to administer the country according to the constitution, the rule of law, according to a chapter of the party. In this sense, every Communist Party member comprises a party organization, must abide by the Constitution and the law, must act under the Constitution and laws. Of these, good Constitutionalism Faction, should agree.

 

The authors said:Chinese must proceed from Chinese history and national situation, find the political constitution mode China own. A system is good or bad, not to see it like a national system, if the image is good, not bad, the key is to see whether it can solve the specific problem in this particular country.

 

I agree with the second part. As for what "constitutional pattern", such as the reasons mentioned before, or avoid the bar.

 

The author finally some sober:Also pointed out that, the western capitalist constitution is the bourgeois democracy, law, although they also known as the people's sovereignty and people's democracy, but their"People"And we said"People"Is different, their"People"In particular to the bourgeoisie, their democracy is bourgeois democracy.

 

The authors said:Although these years, its democratic form of continuous improvement, more and more like the people's democracy, but not the people's democracy.

 

A specific problem encountered, the author also confused. What is the "people's democracy"! A country's constitution and the law, is to regulate the political main body position and interests. In the presence of class and stratum of society, the political balance of absolute balance, there is No. Especially in the conflict of interest situation, politics must choose sides. One party rule, only choose one side. The multi-party system, will the game. The constitutional faction that should understand, why in the socialist countries, must be the Communist Party is in power. One party, the capital strength will not have greater room for manoeuvre. The Communist Party once the decision problem, responsible will naturally go. Otherwise, people will not agree. People can be blinded temporarily, will not always be deceived. In addition, the healthy power party, always the mainstream.

 

The authors said:Our democracy from the value orientation is the majority of people democracy, workers, peasants and other working people, builders of democracy, democratic scope to expand. Therefore, we can not because of the capitalist countries also have democracy, human rights, rule of law, we can't develop our democratic construction of rule of law, not us, not protect our human rights. Instead, we need to do better, to prove that the socialist democracy and the rule of law and human rights, more superiority, more vitality.

 

These words are good. In fact, Marx, Engels, Lenin, Stalin, Mao Zedong, mentors and leaders, in the year is from the inside of the heart is not accept western "democracy" and "human rights" concept, think they are false. But in practice, socialism will not step into communism, even in the Chinese step not cross into socialism, make the new democratic. The previous ideas, and practical, and practice, there is a great distance. The establishment of socialism, socialist, not to 100 years for the scales of time, is not realistic. In this background, in order to unite various forces to build a socialist, must reduce the requirement, in order to reduce the resistance, condensed phase of consensus, maximum force, borrow to absorb, use. At the same time, but also the need of the struggle strategy. For example, in opposition to the KMT's authoritarian process, China Communists lifted when most people including the intellectuals to accept the "freedom" and "democracy" banner, without distinction is the nature of socialism and democratic. In the ruling, the deliberate attack by hostile forces at home and abroad, to the bright bright socialist freedom and democracy banner. This is a historical continuity. As said, now Chinese has stronger conditions, we don't accept new things, we have the right to choose. That is, whether it is conducive to the China future, to see whether there is conducive to international competition.

 

The authors said:We cannot because they used these words, then don't use these words.

 

This is too simplistic, thinking. Now, we are not along the gas, deliberately odds, is no longer the "enemy in favour, and we oppose" thinking. We choose the principle, is how to maximize the development benefits China, is the strategic commanding point how to occupy the ideological field, enhance political the country's soft power. In the competitive conditions, accept the opponent in the political banner, wise is not big. A revival in the country, to lead the world in the future, do not have their own political unique things, is not. Moreover, the opponent's things, fundamentally speaking, is more suitable for them; and our entire system, there is an inherent conflict, how can we without thinking, indiscriminate rashly accept? Unless, we really have no available materials and their ideas. The reality is, we have everything, including our Chinese traditionally our own things, such as people, such as harmony, such as the rule of virtue, and so on and so on, be too numerous to enumerate; can be reformed, make the past serve the present, bring forth the new through the old. Unfortunately, our current theory, the general lack of self-confidence, self-confidence, innovation thought inherited confidence.

 

The authors said:"Constitutional politics"Or"Constitutionalism"Like"Democracy","Rule by law","Human rights'The same, not because of the capitalist countries have, we can not build"Constitutionalism"The.

 

This is the key. Theory, not to say. An easy to understand example: suppose Long Heying, they are biological. Dragon head, Eagle head; dragon claw, Eagle claw;.... If we can together, "dragon" is called "Eagle"? In the low order bits are the same, the same with the high-order bit, is not the same.

Constitutionalism is a political concept, theoretical system. It is not only the human rights, democracy, legal system and so on, the concept and content of a simple addition, but a history, culture, the soul of ideology. The constitutional government, is the supreme political banner of capitalism. Excuse me, our socialist although very short, history is not deep, is still not perfect, whether it is necessary to lift the opponent's flag? If up, our team's cohesion, centripetal force will be how? About this, the wise choice of our political decision-making, is self-evident.

 

The authors said:They can have their constitutional government, we construct the constitutional nature different from their, must have China characteristics and the nature of socialism. Not because of the western first with this claim, don't let us use this argument, as the constitutional under the patent of capitalism.

 

The "constitutional government", how so good? So, we don't have to work?

In fact, this is a preference of the intellectuals. Knowledge is power,, is a kind of similar capital strength. Naturally, some specific reason, such as the former is not.

It is said Ming Liang, intellectuals especially the elite intellectuals, and most people's difference, also revealed.

Intellectuals advocated, in general, and the masses of workers and peasants are different; interest, is not completely consistent. And also, make the Communist Party entirely with the positions of the intellectuals, is not possible. In this issue, Mao Zedong why the elderly repeatedly emphasized the intellectuals and peasants and soldiers together, to contact with reality, to contact practice, which is also the profound truth.

Why after the reform and opening up, ever so by the people's respect for intellectuals, netizens scolded for "elite" "brick house" "leading Party" legal "party"? Today, many of the intellectual elite, provide for oneself and live comfortably, egoistic, worshipping foreign powers, the fundamental reason, is they did not stand on the position of the masses, but in their own parochial stand, stand in the capital selfish standpoint. Many intellectuals today, has no traditional literati's mind the world vision, take across sentient beings universally feelings. Although the so-called "open to the peace", but not to stand, viewpoint of nature, nature must be wrong wrong way, method.

 

The authors said:Not only do we have to talk about constitutional government, but also the construction of constitutionalism, constitutionalism construction to Chinese characteristics superior to capitalist constitutionalism. Call it"Constitutionalism"In fact, the core, is not the key to the problem is increasingly rampant, we want to supervision and restriction, to fundamentally curb corruption, to safeguard our own human rights, to achieve and sustain national unity, a word to answer general secretary and the Party Central Committee proposed the serious proposition, out of control of historical cycle rate, implementation the long ruling and long period of stability. As long as can solve these problems, if not called"Constitutionalism"Also, it doesn't matter, there is no need for us to endless debate in these nouns.

 

It is strange? Since --Call it"Constitutionalism"In fact, the core is not a problem. Why ask? Where is the heart? The author some cannot read.

Figure poor dagger at. This may be serious. But it is because of the author's words, Lenovo up immediately:"The growing flood to supervision and restriction, to fundamentally curb corruption, to protect our own rights, to achieve and maintain national unity". You see, taste, or be able to see the intellectual heart the potential of a "big me". Especially the "of our own human rights", is really be filled with righteous indignation!

 

The authors said:The Communist Party has been set up China92Anniversary, ruling64Years, to seriously consider and solve this serious problem. As Comrade Deng Xiaoping1980Years of questioning, today we don't improve the socialist system, people will say, why some problems can be solved by the capitalist system, socialist system but can not solve it?Today we advance reform in the political system, the establishment of socialist constitutionalism logical Chinese, ripe.

 

Comrade Deng Xiaoping said, and the author says, how do I, as if not a thing. The truth in front said, will not repeat.

 

The authors said:Should do good organization planning and top-level design, the construction of constitutionalism as scientific problems, to seek truth from facts and scientific attitude to treat.

 

The constitutionalism is the political, constitutional government is not science. The scientific construction of constitutionalism, nature is not with the. In front of the author repeatedly stated that capitalism had constitutional, is science? The scientific socialism, what is it? Perhaps, therefore, the value orientation in his heart.

In fact, the author is know:"Although human politics is often not scientific, but the pursuit of the spirit of science should not give up". At this time, there are few false. That is, from this paper notes.

 

The author is really can't resist:Have a sense of urgency and sense of responsibility, a timetable and road map, complete this arduous task in a relatively short period of time, and to determine, stabilized by the Constitution and laws, and then remained unchanged for a long time. Don't suffer from"Reform fatigue",The reform of the time too long, let a person feel distant, lose confidence.

 

The task, Qing to the Communists, is really enough "arduous". That is, the Communist Party can't finish, also do not want to do. A "loss of confidence" feeling, is right. At that time, the Soviet Union did not have also been Westernizationists "sense of urgency" and the Democratic Socialist "responsibility", leading to the road apart on? Chinese Communists, can not see the "socialist" warning?

 

 

The authors said:We've changed30For many years, can't change30For many years, the reform as a homely food, forever changed. If the political system and constitutional rules in the long-term uncertainty, instability, it is difficult to long period of stability!

 

The Party Central Committee said: reform and opening up is the crux China fate; we should adhere to the basic line for one hundred years.30Years of reform, be unable to bear?

The reform of the political system, there is no turning back. The risk of political reform, far more than economic system reform. Crossing the river by feeling the stones, is applicable. Administering Powers if cooking a small dish, is wrong.

Who says"If the political system and constitutional rule in uncertain, unstable state"? The pattern Chinese political system and constitution, had decided, in Mao Zedong era. If you want to change, want to turn from a point of view, is indeed the "uncertainty" in the long-term.

 

The authors said:Although the establishment of the British constitutional democracy is gradual, but the time to change, they immediately seize the opportunity, goal, accomplish the whole task at one stroke, in fact, only less than two years(1688~1689Years)It established a constitutional monarchy.

 

I ask the British state: what is time? Is tentatively1688Years of the "Glorious Revolution" established nearby when the British constitutional monarchy? The author said the British324Years ago? The British after founding a state, state system and government system hasn't changed?

Since the British after the founding of the PRC has not changed, back hundreds of years, so China founding60Years, also became the world's second middle, why to change? China why now to make "qualitative change"?

You will say, China now having problems. In fact, look at the history of big powers, at this stage, which country is not now China problems? To give a practical example to?

 

Author and pulled into the USA:American constitution, the establishment of the constitutional system, only a short period of four months(1787Years5January9Month)Plus, even if13State to ratify the constitution draft time, also less than three years(1787~1989Years).

 

The authors know Chairman Mao to Beijing and the democratic parties together to engage in "common program" time? To1954Set in the year five four "constitution", is how long?

I forgot, this is your specialty! How to display slight skill before an expert?

Chinese things, not clear; foreign things, very understand. This is a common problem in social science Chinese of intellectuals. Hopefully, this does not include the author.

 

Author:British and American constitutional reform once completed, establishment, into the hundreds of years of political stability. Here, we are not learning English and American constitutional content, but the method of establishing the constitutional way and attitude of resolute.

 

Bullshit. Chinese Communists and the Kuomintang, who also defy who, on the war: Battle of the war. Chinese Communists not "resolute"? There is no "will be left up qiongkou Yong, the school can not sell king"?

There is something wrong with the methods of the people's Republic of China "common program" and "making constitution" means? Review the history of the Communist Party, Chinese down filled with smoke figure, discuss together with the democratic parties, genuine democratic formulated the "common program".

In the formulation of "constitution" of the Communist Party, China solicit public opinion in the country. At that time, the old people are mobilized, unprecedented enthusiasm. Chinese constitution, is China people's common will of.

Fortunately, the author if forget, no longer own textbooks, check the Internet: China great Shengjing in constitution, a vivid description.

 

Author:We are glad that our people and history to us so magnanimous, again gives us a new opportunity.

 

"We", not we. "We", not the people. "We", is only some intellectuals trying to constitutionalism.

People and history will prove, China Communists insist not to engage in "constitutional government", hold, grasp the precious opportunity the great rejuvenation of the Chinese nation.

 

Author:This generation of China Communists ought to politicians Time will not wait for me. decide promptly and opportunely, courage and insight, to the people and the historical spirit of being highly responsible, bold reform of the political system, the construction of socialist political constitution, improve our constitutional system, lead China people and the Chinese nation for thousands of years, move in circles out of the rise and fall of the historical cycle rate, real for the world heart, for Shengmin destiny, peace for future generations. As long as the whole party. The unity of thinking, strong will, careful planning, promoting, do not shake, do not give up, will not give up, we will be able to seize the historical opportunity transient, complete the cause of the Chinese nation socialist constitutionalism!

 

The end of this article, please do not"Will not give up". It has been said, the article has been published, the aim has been reached. As for the effect, it is not the authors.

If you want to further DOSOMETHINPREVIOUSLYUNRELEASED, then according to the Constitution and the law, be the people's congresses at various levels and political association to say. This is a solemn suggestions.

To do anything else, in violation of the.

 

China hope "the peace", but to see how a law. In fact, China just to maintain the stable development of ten years, twenty years, Chinese present troubles include let authors upset problems, nature will be gradually solved. Why so anxious?

We don't believe, I have a suggestion: have a look the authors very worship you country growth history.

Compared with two hundred or three hundred years, Chinese or youth Chinese. Youth China, how can youth without trouble?

Why are we to have our own motherland, lack of trust and patience?

The author is willing to work together with the author, with the national progress and growth, but not in the constitutional government wasUnder the.