-- a professor he

         Tong Zhiwei 

Three, party newspapers and journals published anti constitutional statements, victims of the first constitution

Chinese is a lack of democracy, rule of law tradition of the country, from time to time anti constitutional voice is not surprising. Old he says "the sound of the recent" for constitutional and in some newspapers published behavior has the anti constitutional nature, I fully agree with this.

In terms of content, some party newspapers and journals published an article on negative constitutional, apparently wants to deny the Constitution on the parties must abide by the Constitution and the law ". All activities that violate the Constitution and laws, provisions must be investigated "and the citizen's basic rights. Therefore, the current constitution is the party newspapers and journals the biggest victims of anti constitutional statements. In the case of be, any person has no reason not to maintain the current constitution and the current constitution of negation.

Should see, some party newspapers and journals published anti constitutional speech very wrong, but these newspapers published behavior, and can not represent the. In the party and government regardless of the circumstances, the elements of the ruling party newspapers and journals of the public power, its owners are civil servants, the funding due to state budget, they should strictly abide by the constitution, to respect the constitution. They published anti constitutional statements, actually violates the spirit of the constitution, from the angle of constitution and the ruling party, the Communist Party discipline violation, no moral legitimacy. But I noticed, published anti constitutional speech but is the organization system in the minority to lower level institutions, not on behalf of the cpc. Because, from the constitution, the general by party whole generation or the representatives of the CPC Central Committee, should at least be Central Political Bureau Standing Committee to represent.

Also note, some professors and scholars as citizens, they have freedom of speech, press, have the right to express their views on the constitutional and political issues, even if the provisions of these opinions and the contents of the constitution is completely opposite, the constitution should be tolerated. Citizens' freedom of speech and of the press, including criticism of the constitution law, the ruling party and state institutions in any department, officials of freedom. Lao he know, individual citizens only illegal and illegal responsibility, lack of constitutional and unconstitutional responsibility. All the democratic, legal state system do citizens and the constitution. Therefore, anti constitutional statements, blameworthy is the embodiment of the public power of Party newspapers and journals, and the author of the article is, the latter acts in nature it belongs to express different academic point of view.

Four, the current constitution is the fundamental law of only relying on the protection of basic rights

The old royal inappropriately staring at the preamble to the constitution is not put, ignoring the advantages of the current constitution and great implementation value. Democracy, the rule of law in any country in the world, the implementation of the constitution only and be consistent from beginning to end point, is to implement the basic rights of these provisions. Chinese constitution educational circles that the current constitution is a good constitution of the main reason, it is the constitution fully confirmed the basic rights of citizens, constitution provided basis for the effective protection of basic human rights.

Includes the current constitution mainly confirmed the basic rights of citizens or basic principle: all citizens are equal before the law; the state respects and safeguards human rights; the universal right to vote and to be elected; speech, publication, assembly, association, parade, demonstration of liberty; religious freedom; freedom of the person shall not be violated, prohibit illegal detention or deprivation or restriction of citizens in other illegal ways the personal freedom of citizens, unlawful search of the body; human dignity is not violated; inviolability of the residence; the secret communication freedom, inviolability of rights; criticism of state organs and functionaries; the right of private ownership of property and inheritance rights; labor rights, the power and the rest of right to education; the right to public trial and the right to counsel.

Some people will say, these Provisions did not deliver the lot. Indeed, these basic rights cashed a part, many did not cash, not even out some basic rights protected by the essential clauses. In our strict law system countries, this is indeed a great pity. However, the implementation of the basic rights of citizens constitutional safeguard is a world without end, like any country. So, in this respect, the protection of basic rights China starting point of the low countries, had to vertically, not horizontally, as long as today than yesterday, the day before yesterday good point on the line. Of course, we must resolutely oppose retrogression.

As an ordinary citizen, in the face of strong public authority, we in addition to the requirements of power under the constitution, the law and make a sound, nothing, can do nothing. The constitution has the disappointment, should try to change. But if the ruler does not want to act constitutionally, ruled homeopathy also deny the constitution, finally suffer a great deal must be ruler. So, as the rulers of the people, be sure to see the actual effect of the current constitution in legal life. For example:

-- according to the constitutional freedom of speech and of the press safeguard clause, we can be justifiably requires the development and implementation of the press law, law of publication.

According to the constitution, safeguard clause -- freedom of association, we can be in the right and self-confident to formulate and implement the association method.

-- according to the Constitution guarantees freedom of religion clause, we can be logical for the formulation and implementation of guarantee of freedom of religious belief method.

-- according to the current constitution, we can not to move or retreat to in accordance with the requirements of the principle of rule of law and respect, the principle of protection of human rights to amend the law, improve the basic rights protection status. And so on.

The guarantee of fundamental rights clauses of the constitution, not ruling would not implement can not implemented, but in the end can be implemented in the extent, or to look at the national fight for these rights. The guarantee of fundamental rights clauses Chinese constitution, is the most formal commitment to national in the protection of the rights and freedoms of. The Communist Party of China not to understand, to betray promises to assume great risk and political moral failure, will seriously damage the interests of the ruling. More importantly, the growing desire to guarantee the basic rights and safeguard the rights and freedoms of the individual efforts, also can take the form of public power constraints.

Five, the re constitution than in the current constitution under the control of power, to guarantee the basic rights more unrealistic

Professor He Weifang said: "the reason for a long time has the Constitution without constitutionalism, the promise of the rights in the Constitution and the provisions of the balance of power is difficult to implement, such as social structure in reason, is the key which reflect the ideological doctrine content become a stumbling block to shake." He also said, "of course, this is a not easy to walk the road. However, no convenient way of constitutional construction; only through difficulties and hardships, can be accumulated bit by bit to our old China toward a better tomorrow." From the context, the old he called "a not easy to walk the road", it refers to remove the preamble to the constitution of the ideology in the "stumbling block", go to the road.

If I didn't guess wrong, old he wanted was removed to the socialist and Communist constitution position of leadership, also is to give up fixed the ruling status, allow multi-party competition. Lao he should know, in terms of content, this is not the reform but a revolution, in form, is not a constitutional amendment but the re constitution. This is not realistic, Lao he never discussed the realistic way of achieving this goal.

It is hard to understand, the old royal clearly advocated "the accumulated bit by bit to our old China towards a better tomorrow", but I do not know why he is not willing to through the accumulated bit by bit to reform to achieve the purpose of restricting the power, protection of basic rights in the constitution. Indeed, now the ruling power in the constitution almost no organization boundary, the exercise of power and lack of external constraints, lack of security and constitutional recognition of individual rights and freedoms of citizens largely. This is a very bad to solve the difficult problem.

However, although this issue is tricky, but after all, the ruling party has promised to problems to solve. From the current constitution and the party constitution of the Communist Party of China has, in the formal promise not to seek beyond the constitution, legal privileges, has promised in the Constitution and law. In this case, the ruling and opposition parties to work together, the ruling party power is placed in the control of the concrete system, is likely to do. In contrast, if the ruling party to abandon their has been firmly fixed ruling status, than asking them to exercise the power to accept the Constitution limits the difficulties many times. Just imagine, if people do not have the ability to the ruling party has officially promised things, how could they let the Chinese do it resolutely opposed!

The constitutional faction to remove the existing constitution, the expression of ideology "stumbling block" opinion, even though there may be conducive to the accumulation of democracy, the rule of law and the guarantee of human rights, but it certainly is not conducive to the accumulation of specific institutional improvement, because they do not seek those Yan Geshi Shi Xianfa. Conversely, if fully respect the constitution, more actively promote the existing constitution to restrict public power, guarantee the implementation of basic rights, it can promote the constitutional idea of progress, but also conducive to the achievement of little drops accumulation system reform in public power constraints, to guarantee the basic rights.

(to be continued)