-- a professor he

Six, Prof ideas about the relationship between constitution and political parties and some remain in the pre modern

Lao he majored in western legal history, historical knowledge speaks not wrong based on, but he talked about the modern constitutional government, still want to know more about the western constitutional government of modern development. In fact, do not understand the old royal on constitutional development in the world trend, has weakened the he published on China constitutional issues of value.

The old royal back to my micro-blog said, "the party power scope through the constitution adjustment belongs to the typical political confusion." This is the old royal seriously divorced from reality, some dogma. The party power is the very complicated things, often between right, power or authority. The content of the right of parties in other countries are not the same, in general, the party can have the right, authority, should not have the power (i.e., there should be no public power). But this is not true, the main political parties established western democracy, rule of law, there are more or less have some according to their nature, belongs to the category of power elements, such as America major party elected and voting to determine the American presidential candidate of "right" in the National Congress, belongs to this kind of. This approach constitutes America constitutional convention, and the constitutional convention is one of the origins of the constitution. Visible American already in the Constitution Party power range adjustment.

Since the Second World War, regulate the activities of the political parties with the Constitution (to a large extent can be said is that adjustment of party power range) is an important development trend of constitution. The German Federal Constitution (Basic Law) article2Provisions, "should be involved in the formation of people's political party. Political freedom. The organization shall comply with the principles of democracy. Political parties should publicly explain the sources of their funds and property and use ";" according to its purpose and its members and political behavior, basic order intent to injure or abolish liberty, democracy or intention to harm in the Federal Republic of Germany's, unconstitutional." The current Spanish constitution article6Also states: "the parties reflect the political pluralism, listen and express the will of the people, is the basic channel of political participation. The party in respect of the range of constitution and laws. The freedom to create and activities, its internal structure and function should be democratic."

China party system in Europe and America have a fundamental difference between the Communist Party, China fixed long-term ruling, grasp the enormous economic, political and other aspects of any political parties in the western countries are far unable to match the resources, is in fact to hold great "party leadership". This is a change in the short term may not facts. So, China to constitutionalism, success lies in whether the Constitution explicitly party power range and on the basis of the legislation explicitly party power exercise program, so as to limit or restrict the party power co..

The old royal negative political parties they also reflected his contemporary constitutional country party system is not know. He also said: "in the micro-blog party belongs to the Corporation, its activities must follow the relevant social organizations law." Lao he said so, may not understand the constitutional development of the following three kinds of circumstances or trend:

1The modern state will generally be rights and civil organizations political freedom of association. Such as the German Basic Law Article9Free to confirm citizen, and the21The confirmation of civil organization of freedom. And as before, the Spanish constitution article6Article organization political freedom, but in the22The provisions of the freedom of association content. If considering the situation and trends, I think China existing constitutional freedom of association is including the organization of Party of freedom, is a need to do has the power to interpret the Constitution in order to determine the specific meaning of the terms.

2Because of the organization of political parties and associations in the constitution has been divided, therefore, the law on political parties of modern state and corporation law tends to separate. Germany, Spain, Russia, the middle of the last century after the rise of democracy, rule of law, have special law of political party established in corporation law, Germany1967Published in Russian political partiesRom.Si2001The publication of political party. According to statistics the author Professor Liu Honglin "party politics and party specification" one book, the existing62Countries announced or have announced "party law", in which Europe19Countries, Asia20In China, Africa19Country.No special law of political party and some countries or regions, but in the election law, corporation law, political funding law is to regulate the activities of parties in terms of.

3Using special adjust Party party law right, ensure that the party under the constitution, the state. From Germany, Russia and other countries the situation, the law of political party is the main content of further clarify the party constitution status, based on the constitution of the social function, organization principle, financial, registration procedures, the social and political activities and the principle of internal procedures, rights and obligations, the right line, unconstitutional responsibility, the rights of Party members. To ensure that the parties in the range, now more and more countries have established the object including political party effective unconstitutional censorship. In order to ensure the party does not override the country, are generally required in the justice department or the Department of the interior to the registration authority for registration and regularly report the party organization and personnel information, but also to the country every yearThe tax authorities to submit the financial statements of the party.

In conclusion, according to the reality China party power particularly strong, to the comprehensive and effective implementation of the constitution, the Constitution Party a particular need to adjust the scope, special law of political party is different with the association method and develop, to regulate the political behavior.

The old he will pay more attention to the new development of all countries in the political party system in terms of the constitution, not staring at a few old constitutional state.

Seven, social constitution and anti constitutional faction, pie pan Xian sent substantial differences in Philosophy

The old royal to the society constitution activists misunderstanding, one of them is that we will only socialist constitutionalism as discourse strategies. He said: "she sent you for the Constitution Constitution clearly in the preamble content reflect the characteristics and the specific terms of no maintenance of Italy, bear in mind always is full of universal rights and freedom, why a 'Socialist Constitutionalism Faction' banner?" This is the misunderstanding. Here I must first explain the guiding ideology, the preamble to the constitution mentioned in the constitutional process have been carried through all the terms in the behind, the implementation of specific provisions in the implementation of the Constitution can be, there is no specific provisions from the constitution separately maintained the preamble to the constitution of the problem. Besides, some of the content that the constitution of our country is in political problem or question of fact, not a constitutional issue. Therefore, in the eyes of our constitution, the old royal here mentioned is a pseudo problem. It has been already more.

Secondly, since China constitution to socialism as the identity, social constitution sent implement adhere to the current constitution, of course, the symbol for the flag. Mainly for the use of banner to distinguish between different groups of people, social constitution banner in Chinese together all sent to the current constitution under the banner of reform, especially the comprehensive reform of the political system.

In addition, social constitution school emphasizes protecting basic rights of constitution confirmed, that do not need to distinguish which reflect the universal (or universal) value, which does not reflect the universal value. But should explain, social constitution faction is that universal values, usually because the universal value, but there is a common part of contemporary values. Personality is common, there is no common personality. The universal value is the objective existence, denied the existence of no positive significance.

The old royal on the agency sent more people constitution misunderstanding, because we adhere to the socialist constitutional discourse is only strategy, aims to Huyou "non legal revolutionary cadres". So, he said, "I admit the need of social changes have some kind of discourse strategies, also respect some moderate friends are difficult to promote, but you also don't underestimate the intelligence authorities"; he also reminded me not "cheat". The old royal mean, like social constitution sent is just hanging agency "sheep", sold his pan Xian "dog", is to give the "non legal revolutionary cadres" with LSD, let them be willing to engage in multi-party system and the separation of powers, checks and balances and other Western constitutional content. Not at all! She sent the internal constitution that although the differ in thousands of ways, but they and anti constitutional faction and pan constitutional advocates have principle distinction, the difference is mainly manifested in the two fundamental issues:

1Three party constitution of the CPC's ruling status of the party the right attitude and different constitution: Agency sent admit or at least do not deny that the constitutional status of the long ruling, but according to the provisions of the Constitution and the spirit of the Communist Party of China to clarify the party right, legislation or constitutional specific limits or restricts party power; anti constitutional advocates the long ruling and opposition, clear party power range, restriction or limitation of right opposition party, that the party should always enjoy the absolute and unlimited power; pan Xian sent does not recognize the long ruling constitutional qualifications, in the constitution of the Communist Party of China should continue to lead off and walk socialism road, allow multi-party competition ruling status.

2Civil three party constitution of basic rights in different attitudes. The citizen basic right safeguard clause agency constitution sends the request as soon as possible the comprehensive and effective implementation of the constitution as soon as possible, including the formulation and implementation of the press law, press law, freedom of religious belief of law and security law; the current anti constitutional faction advocates continue to maintain the existing near the state of emergency, continue or long in fact freeze constitution of some basic rights safeguard clause no legislation, implementation, or if the legislation but in fact equivalent to ban; pan constitutional faction urged to guarantee basic human rights, but they don't take the China constitution as the basis, also don't ask the basic realization of rights constitution safeguard clause, but the protection of human rights "universal standard" or European standards based on request.

In addition, there are many important differences between the three group, but I think that the above two aspects of the most fundamental difference.

There is a need to explain, has always been anti constitutional politics and not say through their ideas, anti constitutional advocates a list of my in each paragraph, I according to the relevant article summed up. If they think I have misunderstood, want them to do justice to himself.

(to be continued)