Examining the "constitution of the Republic of China"

Far case: This is an article written ten years ago, never the collection of income I published, the reason is if the closing of this article, the book can not. But sometimes they turn out have a look, feel that despite ten years in the past, but small is not out of date, turned out to post on the blog, a naive local views, but not change.

 

Before writing this article, to say a few words is not a topic, that is me to the word "people" understanding. For a long time, my understanding of the vocabulary of vague, this time in order to clarify the concept, I checked the "modern Chinese dictionary". The "people" interpretation of the word dictionary is as follows:

People: the basic social members to the masses as the main body.

To tell the truth, see the notes, people's concept in my mind is not clear, therefore I have consulted several related entries. Entry and notes on other as follows:

Subject: the main part of things; the philosophy of practical ability; the law refers to the natural person, legal rights and obligations of the legal person or country.

Object: ① philosophy refers to objective things outside of the main body, is the object of cognition and practice; the law refers to the rights and obligations of the subject, including articles, behavior etc..

The masses: refers to the masses of the people; ② refers not to join the Communist Party, the Communist Youth League organizations; ③ means not in positions of leadership and people

Mass: the masses; the people

According to the several entries for further explanation of the word: "people" of the word in the annotation "subject" should be in accordance with the "main body" the first comments to understand. The word "people" can be further explained as: the masses as the basic social members are part of the. Here, I have a question, the working people are the main part of the society, what is the main part of the society? For this point, I'd have a little speculation, later I will mention.

We further put "three comments the masses" also into the "people" in the comment, the results are as follows:

The masses of the people as the main body of the social basic members. In order to themselves as the main part, obviously not logical. Obviously, "the first note the masses" in the entry should be regarded as synonymous with "the people" of the solution;

② refers to the basic social members as the main body not join the Communist Party, the Communist Youth League organizations. This solution from the logic is said in the past, but consider carefully is out of the question. The social status of the China is Communist Party as the ruling party status is undeniable (reasonable regardless of the Communist Party), how can it become the minor part of the society?

The basic social members with not as human as the subject of leadership positions of.

Here I want to insert a little with the relationship, that is I to this note masses word has a strong antipathy. The annotation of the official position of a clear color, be misfits and "peace, democracy, freedom, human rights and other world philosophy". It shows the feudal culture for thousands of years of inexorably hangs on. incorrigible, also shows that the China situation: ideology and idea behind leaders get in by every opening.

Said a gossip, we continue to visit the "people" of the third notes. This annotation logically impeccable, the Chinese based reality, most officials can be divided in people (I don't agree with people's this kind of title, but in order to facilitate the description, this word here provisional Convention "), to a large extent, they have come to the opposite of the people. But it is this group of people, grasp the trend of the China.

The above clarifies the meaning people not clear, but more fuzzy. This suggests that a problem: people with chronic illness word itself can not be removed. These are our consistent position that is based on, in any society, on behalf of the people or most people issue orders left and right itself is absurd. Because the people a word in the past dynasties is false, even more so in a pluralistic society. I think I even in a plural society "if people" one word is redundant, and the other one can replace sb. vocabulary has long been ignored. The word, in the "modern Chinese Dictionary" in the notes are as follows:

Having or taking a nationality, and enjoy the rights according to the law of the country and the man of duty.

The beginning of this article is a bit long, but as a first step to examine the constitution, it is necessary to. Because after the clear only in the concept behind the narrative, won't appear stiff.

My first point is a citizen to replace frequently appear in the "people's Republic of China Constitution" in the word "people, including the emergence of the people's Republic of China" in a word people.

After the first point out, this paper will examine the some provisions of the constitution.

In the preamble to the constitution, tenth segment is expressed as follow: the cause of building socialism must rely on the workers, peasants and intellectuals, unite with all the forces that can be united. The workers, farmers and intellectuals of the ranking is very delicate, so we can go back to have a look at the beginning of this question I asked, what is the secondary part of society that is? With this, we can draw the conclusion that, the secondary part of society (of course, in the eyes of some interest groups) is undoubtedly the intellectuals. But a common problem once again been overlooked, that is the intellectual (I mean those representatives of social consciousness, the writer not included) is the motive power of promoting social progress and the historical development of the contempt of knowledge, or to a group of interest artificially to the knowledge plus various frame of the nation in the future, you can imagine. Therefore, I suggest that the constitution here: instead of building socialism must rely on intellectuals, workers and peasants, unite with all the forces that can be united. Don't underestimate this seemingly simple sort, there is a national attitudes to knowledge.

The first paragraph is about the state system description. The Constitution says: the people's Republic of China is the people's democratic dictatorship led by the working class, and based on the worker peasant alliance of socialist countries. Chinese what is the class which led, in a believer in "power in the barrel of a gun" of countries is not deliberate. But democracy and dictatorship in this two sense relatively words in the same sentence really puzzling. As the fundamental law of the constitution, how can be so contradictory definition to the constitution, which have a great significance. But my folly, but want a clearly defined, either democracy or dictatorship, as always, than this stultify oneself expression looks more comfortable.

Article second the first paragraph, paragraph third of the following provisions:

All power in the people's Republic of China belongs to the people.

The people in accordance with the law, through various channels and in various forms, management of state affairs, manage economic and cultural undertakings, the management of social undertakings.

These statements seems highfalutin, but in fact it prohibitively difficult, such as the most simple right to know, it is very difficult to obtain the safeguard. As a provincial capital city residents of I, don't know the city leadership is how to step by step through the election of Cheng Xudeng leadership position. Another example is the petition right in innumerable, corrupt officials today, impeach officials not only risked his jail time, but the possibility is very small, the joke, you want to very difficult behead. I really do not know how the constitution as the fundamental law implementation.

In the second paragraph sixth: the constitution of the socialist public ownership abolition of exploitation of man by man, to let each person do his best, the principle of distribution according to work.

In fact, in the premise of the public ownership, distribution according to work is almost impossible. Today, the concept of "a secure job" in people's idea is ingrained, the household registration system is largely limited to people to let each person do his best and distribution according to work. Without an open, dynamic system, let each person do his best and only the distribution according to work is a piece of paper empty.

Article nineteenth paragraph second, paragraph third of the following provisions:

The state runs schools of various types, the popularization of compulsory primary education, secondary education, occupation education and higher education, and the development of preschool education.

The state develops educational facilities, illiteracy, the workers, farmers, state functionaries and other workers in their political, cultural, scientific, technical, business education, encourage self-taught.

Article forty-sixth the first paragraph also stated: the citizens of the people's Republic of China have the right and obligation to education.

Compulsory education, in my understanding, should be completely free, but the actual situation is not so. Chaos collects fees the phenomenon of primary education has reached alarming proportions. Scholar Xiao Xuehui in "Education: necessary Utopia" in one book: "the city even university teachers, for a child of primary and secondary school, also overwhelmed the economy. Other income lower industry, especially the poor farmers and no fixed occupation of the city, not to mention." So I have a deep experience, my hometown is a still not out of poverty in rural areas, many families because can not afford expensive tuition fees and early to take their children out of school. Whenever I went home, my heart will not stop worrying, this is a group of no future children, these children how to support China future?

About compulsory education, there is a serious problem, it's compulsory education still exist "because the state of the children education quality serious uneven resulting in unfair". "The national primary and middle school students Tou Zaijing, Tianjin, Shanghai every body capitation fees is several times the remote, backward provinces. As for those most in need of more remote villages education investment, rather than the big city is more low state, many local education is almost "cook a meal without rice". In addition, between urban and rural area in education, school conditions on the enormous gap, strong contrast between conditions and key schools and non key schools, key class and non major class. These means, already enrolled children do not enjoy the same study conditions, the state to which part of the children is to provide the high quality of education, to another part of children is the low quality of education. However, it is just a part of the situation of children often have many disadvantages, need more care rather than being disguised abandoned. This man-made unfair because of increasingly strong tendency to the poor rich and particularly bad, also very big harm to children". (Xiao Xuehui: "Education: necessary Utopia")

In the same book, Mr. Shaw also points out three disadvantages of modern education, the first point is the already mentioned cease to exist except in name of compulsory education; second is "all through a political utilitarianism from education, training objectives to the teaching content, curriculum arrangement of primary and secondary education, the children's personality and desire without respect, they are as arbitrary kneading mud pie, according to the specific political need to be created. Then, according to the arrangement of teaching content is inevitable, the forced indoctrination is the most basic principles of teaching". Apart from the compulsory education at present is to cease to exist except in name, even if is completely free education, children should also have the power to choose an open instead of closed, free rather than imposed. This short-sighted aims of education and educational policy impact on our national future obviously, it makes people become narrow utilitarian, said that education is the great obstacle to national development I think not much;

The third point is "university because of lack of academic freedom, teaching freedom and the loss of it as an academic and teaching autonomous centre". Our university was a good start. The last century at the beginning of Cai Yuanpei, Mei Yiqi, Hu Shi, Luo Jialun, Jiang Menglin, Zhang Boling, Zhang Shouyong such a large number of world perspective of educators created a good start for our education. But this situation suddenly lost night in 1949, the independence of University of a sudden loss of without involuntary discharge of urine. At this point we can no doubt, our higher education forward but not backward.

The present educational circles have an argument prevails, that is "the industrialization of education". To tell you the truth, I do not oppose to "education industrialization" this argument, but there is one point, "the industrialization of education" in Higher Education in the compulsory education, elementary must be completely free of charge. At the same time, in the "education industrialization" at the same time, we must put education to university education, to give real educator to do, the politicians Whip Stream out of the school. At the same time, establish a sound credit system in University, to ensure no wealth beyond the talented poor children are not out of the gate.

Article thirty-fifth: citizens of the people's Republic of China, published speech, assembly, association, parade, demonstration of freedom.

This point seems to be flawless, but the actual situation is what kind of? Single said freedom of speech and press the two blocks have been plaguing me. As an intellectual, I know you have rights. But the growth in Chinese environment, I would be training to know what words can say, what words can not say. This did not happen on my personal such an individual who, for decades, this "silent conspiracy" has become a collective unconscious. The intellectuals become the ruling vassal, the critical consciousness and independence as well as other valuable quality although not lose without involuntary discharge of urine, but also have very little. For the status of science one of the few people who have those qualities in the society can only in the edge area. This situation does not think of nothing, but think carefully, if people have this situation to continue, but led to a national slump. See, this is a how terrible?

In the third paragraph of the forty-second: work is the glorious duty of every able-bodied citizen. Workers in state enterprises and in urban and rural collective economic organizations shall treat their work as the masters of the country's attitude. The state promotes socialist labor emulation, reward model and advanced workers. The State encourages citizens to take part in voluntary labor.

There is a word is questionable, that is "the State encourages citizens to take part in voluntary labor". Article sixth paragraph second in the "provisions of the socialist public ownership abolition of exploitation of man by man", the public ownership has been described in front of the pros and cons, either, but I read that there was felt something was wrong, and I think that statement at least is not complete, should be added the words "destroy the country or individual group in the name of the national system of exploitation of man". Because the state as a machine is meaningless in itself, Max Webb has been in his works express this meaning. If the State encourages citizens to take part in voluntary labor, so whether we can ask where fruit citizens to take part in voluntary labor will flow? If there is a good system as the guarantee, the fruit will also return to the citizens, that is the advocate make an unnecessary move; if does not have the good system security, the fruit will be a power by interest groups or individuals, it would be unreasonable.

Wrote here, I could not help but think of Hu Shi said to teach young student's words, words I remember clearly, it is said that the youth to pursue national happiness, not to the pursuit of personal happiness. Because the country's purpose is to make his civic life happiness. That is, the "citizens" instead of "people", it seems the framers of the Constitution's own heart is very clear, people of the word to fuzzy is fuzzy, to false is false. In contrast with this is the second section of the seventy-sixth: the National People's Congress should maintain close contact with the units that elected them and with the people, listen to and reflect the opinions and demands of the people, to serve the people.

This is not a "citizen" appear, full use of the "people" this meaningless words, control to read, is really interesting, funny.

Article forty-fifth the first paragraph: the people's Republic of China citizens in old age, illness or incapacity cases, have to obtain material assistance from the state and social rights. The national development and enjoy the right to social insurance, social relief and medical and health services.

The inside of the first appearance of "state" and "society" of the two words is too vague. In my hometown, many old people of bleak, not to say that children are not filial piety, but they simply do not have this ability, these old people do not know where to get help. And they say the country or society is empty, rather than let them to the local township government or village committee to receive pension more affordable. In fact, the state is simply not set up such institutions, even in the city, such as old-age insurance and medical insurance is only a part of the patent.

Article seventy-fourth: the National People's Congress, license without the chairman of the National People's Congress is not in session, meeting group, permitted by the Standing Committee of the National People's Congress of the National People's Congress, shall not be liable to arrest or criminal trial.

But the article fifth paragraph third, paragraph fourth and the following provisions:

All state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law. All activities that violate the Constitution and laws, must be investigated.

No organization or individual may be beyond the constitutional and legal privileges.

Obviously the contradiction between the two, the latter reflects the "fair sense of equality before the law", while the former is a privilege consciousness. In the feudal society and "the prince of crime and the common people with the crime", do not understand why the constitution will put such clause written into full of strong sense of privilege.

Through the survey, I found that the constitution as the fundamental law, there are many vague or stultify oneself place in formulation, in actual operation, many do not have the maneuverability. But careful pondering over, these places have a lot of subtlety, it is not the maker's carelessness or knowledge incompleteness caused, that is social justice Chinese and a democratic legal system of distance.