Follow and carry forward the spirit of the constitution is the precondition for the construction of a harmonious society   

AbstractTo:Comrade Hu Jintao basic description of the socialist harmonious society, for us to correctly understand, grasp and actively building a socialist harmonious society points out the direction of. The historical range current China society is in the social transformation and social transition from authoritarian society to profound constitutional society, at such a historic moment, follow and carry forward the spirit of the constitution, has become the premise condition China people toward a harmonious society by the constitutional social basis of the. 

Key word.The spirit of the ConstitutionHarmonious societyDemocracy and the rule of lawThe political civilization

  The party's sixteen sessions of Fourth Plenary Session proposed the goal and task of constructing the socialist harmonious society. Comrade Hu Jintao at provincial and ministerial level leading cadres to improve the ability to build a socialist harmonious society seminar pointed out: "the realization of a harmonious society, building a better society, is always a social ideal of mankind diligently strive after, also is a society ideal includes China Communist Party, Communist Party relentless pursuit of Marx. According to the basic principle of the Marx doctrine and the practice of China's socialist construction experience, according to the new features of the new stage in the new century and new requirements of China's economic and social development and the new trend of China's society, we are building a socialist harmonious society, should be the democratic rule of law, fairness and justice, honesty and friendship, full of vitality, stability and order, man and nature in harmony." The important speech of Comrade Hu Jintao, clear outline of the socialist harmonious society and magnificent prospect, for us to correctly understand, grasp and actively building a socialist harmonious society points out the direction of. "Democracy and the rule of law, fairness and justice, honesty and friendship, full of vitality, stability and order, harmony between man and nature", Comrade Hu Jintao is a basic description of the socialist harmonious society, but also can be said to be the six criteria. How to realize the grand blueprint of building a socialist harmonious society? This is the major task that needs from different areas, further discussion. The historical range current China society is in the social transformation and social transition from authoritarian society to profound constitutional society, various social contradictions and interests collide, various ideologies and cultures clash, at such a historic moment, exercising governance has become the inevitable choice of the times, follow and carry forward the constitution spirit has become the premise condition Chinese people toward a harmonious society by the constitutional social basis of the.

  Characteristics and appeal, the socialist harmonious society

  The construction of harmonious society is the ideal of mankind since ancient times, many thinkers, politicians at all times and in all countries to achieve social harmony as his own political ideal, but they understand harmonious often have different meanings. The harmonious society of socialism harmonious society and the former we want to build the dream of today, at least the following differences: the socialist harmonious society is established on the basis of promoting the development of the productive forces, which is its economic nature; harmonious society of socialism is in democracy and science on the basis of the effective management of the society, this is its political characteristics; socialism harmonious society is a complex social division of labor, there are plenty of interpersonal relationship, therefore can not rely solely on ethics to maintain relationships, more need to use laws to regulate the organization, regulating social relation and adjustment of human behavior, which lay a harmonious socialist society is a rich, full of democratic and scientific spirit of the rule of law culture this is a cultural feature of it. Because of this, the harmonious society is the ideal of ancient only even "castles in the air" fantasy, and a harmonious socialist society is a beautiful blueprint can really put into practice.

  We must construct socialist harmonious society today, mainly in the following aspects of the appeal:

  One is the people's own harmony. Man is the subject of the social development, people's personality is the important basis for the harmonious development of the society, therefore, fundamentally speaking, people's own harmony, is to achieve comprehensive development of human freedom; the people's harmony, is to have a sound personality, and a correct world outlook, outlook on life and values, to correctly handle the relationship between man and nature, man and society, really integrate into the natural, social integration, integration into the collective.

  The two is the harmony of man and nature. The natural environment is the prerequisite and condition of human existence. But the human nature to provide the resources are non renewable, all kinds of resource development and the nature of human needs can provide must adapt to. We have had the disharmony between man and nature in the pursuit of development and progress, the destruction of the ecological environment restricts the development of economy and society, but also influences the people's living standards and improve the quality of life. Therefore, leave the harmonious development with nature of the road, to protect and improve the ecological environment, the development of recycling economy, improve resource utilization efficiency, it is the rational choice that we re-examine the relationship between man and nature is made after the. 

  Three is the man and man and between man and society. This includes not only the relationship between individuals, groups and groups, including the relationship between the individual and the group. The relationship between people, to a certain extent is a kind of interest relationship. Therefore, proper coordination and correct handling of relations between various interests between people, is the key to realize the harmonious relationship between man and man. At the same time, the relationship between man and man is the embodiment of the relationship between man and society. Human is the main body of the society, all kinds of social relations between people and established in the process of social practice. But once established, social relations and are fixed and system, the relationship between will regulate and influence people. Therefore, the development of human and society are always interacting with each other, mutual restriction. The harmonious development of man and society have become the people's pursuit of the ideals and objectives.

  Four are all key elements within the system of national harmony. The state is an organic whole covering economic, political, cultural and many other interrelated, interdependent, mutual influence, mutual restriction factors. The harmonious society must be between the various elements of economic, political, cultural harmony, harmonious society. The first is the relationship between economic, political relations and ideological relationship harmony, that is to develop the productive forces, relations of production to adapt to the superstructure adapts to economic basis and need, realize the coordinated development of social economy, politics and culture, the common progress of material civilization, political civilization and spiritual civilization. The second is between each area, all sectors of the domestic industries, harmony, also belong to the category of harmony between the elements within the system state.

  The intrinsic value of core two, the spirit of the constitution is the humanist

  The humanism thought, is an important concept is widely used in the culture, religion, ethics. We often speak of this, that is people-oriented. It is different from the official this, is also different from the people. The officer of the, is the official this. The deep reasons for this phenomenon is the official privilege system of feudal. The officer of the people concerned, is a great progress. Because the people will recognize the importance of the "people". However, there are people this is officer of the corresponding, the final purpose is still ruler, its final objective is the officer of the. But this is not, this is not the people and government of this, "official" and "the people", we are all the same, "people", "official" also is a person, everyone should be treated equally. So, the relative to the people, is not only the extension of a quantity, more important is the change of the matter. After World War II, the western world in view of the Nazi contempt and cruelty of human experience, out of reflection of the human condition and the modern state of personal injury may result concerns, to embody the provision in the constitution, will have the dignity of existence as the core of the intrinsic value, as the highest value of constitution the pursuit of the spirit of the constitution, constitute the main body of the.

  The constitution at the highest norms of the socialist China is China communists led the people to create, is Chinese Communist Party led the people towards a well-off society must be based on state regulations. According to the Constitution Act is the symbol of political civilization, in accordance with the law and rule is the core of political civilization. The intrinsic value of the core of people-oriented, has also been embodied in our constitution. China's new constitution amendment in one of the most notable features, is more fully reflects the rights of citizens, attention and protection, strengthening the people-oriented concept, the constitution people oriented intrinsic value core and the highest value pursuit highlights. Mainly in the:

  One is the human rights into the constitution. A constitutional amendment to establish "the state respects and safeguards human rights" principle, the human rights rises from a political concept as a legal concept, the subject of respecting and safeguarding human rights by the party and the government increased, highlighting the humanistic spirit, for the protection of human rights, promote China's constitutional government industry, has a very important significance. This change is the biggest characteristic of the constitution to modify the terms of a more focused and prominent to the guarantee of human rights, and the new central collective leadership "power for the people, benefits for the people, an emotional tie consistent ruling idea" for the people. To modify the provisions, some indirect relates to this problem; some provision is directly related to the problem. Directly involved includes provisions on property right change. The most basic part of human rights is property rights. Human rights generally includes three parts: the right to life, liberty, property right. Protection level our original legal property is relatively low, and no system, amend the protection of the citizen private property is greatly strengthened, therefore, the realization of other rights and freedom of citizens have a material basis. Second directly relates to the content is added a "the state respects and safeguards human rights" terms, this is the most directly involved. There is a clause directly relates to the "state of emergency", the security issues of the right nature is also a state of emergency. If there is no "the system of state of emergency", it is likely to lead to a violation of human rights. Under state of emergency state if not the very means of disposal, no guarantee of human rights; the very means if not into the legal track, no guarantee of human rights. Therefore, the "martial law" is amended as "state of emergency", reflects the ruling thought the government's people-oriented and attaches great importance to the protection of people's interests and basic rights.

  Two is the private property into the constitution. Since the reform and opening up, along with economic development and the improvement of people's living standard, people have private property have varying degrees of increase, more and more people have a private means of production, people to protect their property has a more urgent request by law. This revision, one is the provisions of the state protection of private property right duty; two is the use of "property rights" to replace the original provisions of the "ownership", defined the concept of "private property", the private property right has become the basic rights of citizens; three is provided for all lawful private property is protected, the lives of citizens are protected by the citizens of the production data, data are protected; four is the regulation on private property expropriation, requisition system.

  Three is the social security system in the constitution. Social security system is directly related to the vital interests of the masses, is the objective requirement of socialist market economy, is the important guarantee of social stability and national long period of stability. Amendment to the Constitution in article fourteenth of the Constitution in one paragraph is added: "the State shall establish and perfect the level of economic development of the social security system." This amendment will effectively promote the social security legislation, better protect citizens' basic rights of survival is difficult group.

  Three, follow and carry forward the spirit of the constitution is the precondition for the construction of a harmonious society

  The socialist harmonious society is a society ruled by law. Ruling the country by law, building a socialist country ruled by law, fundamentally speaking, is the rule of constitution. The constitution is the fundamental law of the state, is the general regulations safeguard a country, is to maintain national unity, national unity, economic development, social progress and the legal basis of long period of stability, is China Communist Party in governing and rejuvenating the country, unite and lead the people of all ethnic groups in the country in China construction socialist legal system guarantee. Since the 15th Party Congress explicitly put forward the "ruling the country by law, since building a socialist country ruled by law, the rule of law" concept has been gradually win support among the people, the consciousness of the law to an unprecedented height, the whole social psychology from the original expectations of the government to gradually transformed into law look. Sixteen report of the construction of socialist political civilization as China's political system and democracy and legal system construction goal, this and our country constitution spirit is completely consistent. Comrade Hu Jintao as general secretary, had personally presided over the collective political bureau of the Central Committee of the people's Republic of China Constitution "learning", emphasizing the rule of law, and resolutely in accordance with the "constitution" to govern the country. Comrade Hu Jintao description of a harmonious society, the first mentioned is the "democracy and the rule of law", "social justice".

  The construction of a harmonious socialist society is not empty, must rely on the basic carrier eventually fell to the practice, the basic carrier of the constitution is the construction of a harmonious society. The core content of building a harmonious socialist society is the construction of democratic politics, democracy is institutionalized, standardization and procedure is the dominant part of it, and these factors in the formation and persistence, not only needs to have the objective material conditions as guarantee, but also depends on the tacit democratic cultural factors to nourish and support. No advanced democratic culture, there is no advanced socialist political civilization, the construction of a harmonious socialist society is impossible. The generation and propagation of democratic culture and advanced, the most fundamental way is to take the constitution as the basic carrier. The people's sovereignty principle, constitution is upholded uphold the leadership of the Communist Party principles, the principle of rule of law, general principles, the principle of power restriction and supervision, civil liberties and rights protection principle should unremittingly in the civil widely spread the spirit of the constitution, to win support among the people, be widely recognized and accepted. In this sense, the construction of a harmonious socialist society must follow and carry forward the spirit of the constitution from the start. Only follow and carry forward the spirit of the constitution, to improve the ability of constructing socialist harmonious society, in order to correctly handle various social contradictions, maintaining social stability and unity. Because our country is now in the system transformation, restructuring and social transformation process, but also a variety of political and social problems are prone to periods, the employment problem, the problem of corruption, inequality, social security issues, is the current people to reflect strong hot issues. The Communist Party as the ruling party, must be in accordance with the goal of constructing the socialist harmonious society, adhere to the spirit of the Constitution and the law, guide correctly and handle various social contradictions, to ensure the coordination and harmony of the whole society.

  Chinese Academy of Social Sciences "in 2004-05 social situation analysis and Prediction Research Report" said, the current China economic and social development is in the period, the best in recent years at the same time, can not see, some social problems existing in China is still very serious, such as farmers and city residents caused by social contradictions still exist, between urban and rural areas between regions, industries, between the income gap has widened further, the employment situation is still facing long-term difficulties, corruption phenomenon is still more serious, sustainable growth by resources, energy and environment seriously restricts etc.. We are currently in the social harmony is also facing a serious challenge to the new since the reform and opening up. If these problems the delay is not decided, is bound to affect the social stability and development. Therefore, to achieve social harmony, we must make scientific plan from the strategic and long-term perspective, to solve the above problems and contradictions in the face. The Central Committee of the party has clearly put the democracy and the rule of law, fairness and justice feature as the most important feature of a harmonious society, the rule of law to the pursuit of the ideal goal is the social harmony. There is no legal adjustment and support, can not be goal of social justice, the realization of harmonious society has become an empty talk. So, we should carry forward the spirit of the Constitution and the law, improve the legal management level of the whole society, promoting the construction of political civilization, build a socialist country ruled by law, and promote social harmony and stability, safeguard and promote the development of economy and various social undertakings, and realizing the grand goal of socialist modernization construction, completed the construction of harmonious society historical mission, build a prosperous, democratic, civilized socialist country.

Reference.

[1]Hu Jintao: the major leading cadres at provincial and ministerial level increasing the ability of constructing the Socialism Harmonious Society Symposium on speech, people's publishing house, 2005 June

[2]Jiang Zemin: the comprehensive construction well-off society, create a new situation in the cause of socialism Chinese characteristics -- report Chinese, in the Sixteenth National Congress of the Communist Party's people's publishing house, 2002

[3]Hu Jintao: all walks of life in the capital of the people's Republic of China Constitution published to commemorate the twenty anniversary of implementation of the speech on congress, December 5, 2002 "people's Daily"

[4]Xu Chongde: adhere to the "three represents"To deepen the study on constitution, new horizons, 2002 third

[5]Zhou Yongkun: the political civilization and the development of Chinese constitution, law, 2003 first

[6]China Academy of Social Sciences: 2004-2005 social situation analysis and Prediction Research Report, Chinese Youth Daily, December 14, 2004