Beginning from the "constitutional rights of our citizens awareness"

Common article says China's constitutional rights of citizens consciousness,Do not attach importance to the constitution,Do not use the constitution to protect their basic rights. The author believes that the constitution of our country has stipulated the basic rights of citizens, but many people don't know they enjoy basic rights which the constitution, even if know, also on these rights indifferent indifference, not on the maintenance of your own or another's constitutional rights. China got nearly a hundred years of constitution, constitutional society was not built, because without the active participation of citizens, lack of private demand power, so the construction of constitutional government will stop.

Chinese is not a constitutional society, participate in the constitutional government construction China citizens by constitutional basic rights and claims the enthusiasm is not high, it is well known fact. But Chinese citizens really constitutional rights consciousness weak book? They did not use the constitution to protect their basic rights desire? China citizens should bear the historical responsibility for the implementation of the Constitution in unsatisfactory condition, or the construction of constitutionalism and the extent of our ordinary citizen participation has correlation much? I think, this is we need to discuss the topic.

People unwilling to oppression and enslavement, hope the independent life, as far as possible from the external restriction, this is man's biological nature, whether Western or what color people, don't ask how long his national history. Since entered the class society, the oppressed classes in order to get rid of sets in chains, based on the nature of desire revolt, launched around the right. The history of human civilization for thousands of years, is thousands of years of human history of struggle, to improve their social and economic status of the endless struggle. As America famous jurist Edgar Bodenheimer said: "history has shown that, for the recognition of individual rights desire at any time can not be completely eliminated from one's mind." No one is born to be a slave, Chinese with other civilized society's people, but also the pursuit of rights of desire and behavior. In life day and the thoughts of divine rights strong Qin period, Chen She had "goufugui, do not forget the dream", and then put forward the "military and political leaders in peasant uprisings, Ning gutty" proud slogan. Then the peasant uprising, "and poor, spreading the wealth" is the battle of the most bright banner. That is to say, since ancient times Chinese never willing to people, their awareness of the rights or some. The invasion of the Western powers in the late Qing Dynasty, the Chinese first look from the western culture, as the constitution of the bourgeois revolution important contribution to humanity, which entered the Chinese perspective. The establishment of civil rights and state management, make having foresight of Chinese excited, respected times to, also leads to constitutional law civil demand. It is because demand was strong constitutional folk, to the late Qing Dynasty rulers know nothing at all of the constitution will be sent about going abroad to study the constitution of princes, will have China constitutional history.

Chinese traditional culture of the Chinese nation and tolerance of character, and the feudal dynasties of past ages extreme corruption and high autocracy, the rights of ordinary people become the talk of desire. In modern society, human rights, rule by warlords and Red Terror did not pay much attention to the protection of human rights, the rugged muddy road improvement China human rights. Weigh the advantages and disadvantages of gains and losses in the case, not talk about national affairs, they live the best choice for people alive. In the west, the constitutional rights is not since ancient times, the citizens of western countries also has a long history of oppression, the constitutional rights of citizens is thousands of years of struggle to achieve. Because of the strong historical factors of Western feudal forces the weak and the civil society, the western capitalist mode of production to develop. The bourgeois revolution to success in Europe, is a combination of various historical factors, rather than Chinese cannot of bourgeois revolution, history shows that, to the development of capitalism is the historical rules should not be violated, not to transfer to the will of the people, the development of China society of the late capitalism fully proved this point. If the invasion is not the Western powers interrupted the natural development process Chinese society, Chinese into a semi colonial semi feudal society lopsided, improvement of human rights conditions China will also with the development of history into the same orbit.

With the Constitution! Very excited Chinese thought can live the lives of Westerners, like Westerners to official chanting against, they were soon found it was just a hoax.1908Years of the Qing government's illiterate "imperial constitution outline", Yuan Shikai grab Jack "ROC Constitution State", "the period of the Republic of China during the political constitution", not the Constitution itself to consolidate power tool is a constitutional right not to be. After the founding of new Chinese, the ruling class of the constitution is the twists and turns, our current implementation1982It called the most, however, have basic rights stipulated in Constitution be implemented without much in practice. One hundred years of constitutional history, a hundred years of bitterness, numerous civil rights campaigner for watering the tree on the Constitution Constitution is the deep love, hate cutting! Countless hopes and illusions into bubble, the plot is still can't let go.

As Comrade Mao Zedong has said, the constitution is the product of democratic facts, the first democratic constitution after the fact, some. After the founding of the new China we established democratic regime, but the long-term autocracy tradition and diffuse in the thought of rule by man, caused the civil rights situation and there is a certain gap between democracy and fact.Professor Deng Zhenglai says, "no law of life in an absolute sense submissively to hear and obey to the human".China's current constitution, it is the product of the system design. "The law alone is not enough", there is no democracy factual basis of constitution, its itself does not cause the Democratic reality. The history of the Kuomintang government's "five power constitution", is a very good proof. The long history of the monarchy, democratic reality not just as one wishes, China citizens of the constitution of enthusiasm also one can imagine. Liu Shaoji declared "I condemn justly and severely with the constitution of the people's Republic of China is the president", only to be red at. The president's constitutional rights did not protect and respect, let Chinese indulge in elaborating on the constitutional rights of citizens? "Die without official, so don't complain," behind the right. There is a unspeakable difficulties.

So the author thinks that, we should review the enthusiasm, not citizens, but as people's regime, for our country to arouse people's awareness of the constitution, should make what kind of contribution? Our government is the product of the revolution, is the countless martyrs with revolutionary ideals, the pursuit of equality and freedom of bloodshed and sacrifice the outcome of the struggle. We have reason to build is superior to Western democracy, our citizens have reason to enjoy more fully the rights of citizens. That Chinese quality is not high, China not suitable for constitutional argument, there is no basis in fact. Edgar Bodenheimer said: "any worthy of being called the basic value of law, must pay attention to some beyond a certain social and economic structure of the basic value of relativity. In these values, the more important is the freedom, security and equality....... A completely ignored or simply ignore any one or more of the value of the basic value of the social order, cannot be considered a true legal order." Singapore and Hongkong are all Chinese society, put aside ideology and values that do not say, in the concrete implementation of constitutional rights, such as in the general election, the election, the officials accountability system, media supervision of public opinion reflects the political elements of human basic value, Singapore and the Hongkong better than we do. South Korea and North Korea, the same is a nation, the shift from military dictatorship to democracy, constitutionalism construction achievement be obvious to people, the attention of the world, while the latter is a type of Stalin's regime, we can say that the two countries people have a difference? The constitutionalism construction process in these countries and regions, the government plays an important role in!

Why the constitutional rights of our citizens awareness is not high? Not because of the current constitution is not good, but still can't guarantee their constitutional environment to achieve these basic rights. Beautiful promise not fulfilled does not have any meaning. To enhance the citizen constitution to protect their basic rights of enthusiasm, should first improve the degree of democracy in China, to form the Democratic fact. To achieve these, you should implement the basic rights of constitution confirmed, specific constitutional rights should be reflected in the basic law, and in social life is guaranteed. Just from the legal level citizens enjoy the right to confirm what, do not stimulate the citizen's enthusiasm, as the British jurist wearing snow said:"Has the government to a document that freedom of the person shall have the right to exist, is not difficult. The most difficult thing is how to appear in the. If not implemented, such that little income."

The constitutional government lies in implementation of constitutional rights, to implement the constitutional rights, first of all to limit state power, improve and expand the civil rights, scientific planning constitution. The modern society to understand the essential meaning of constitutionalism is to control state power, safeguards the rights of citizens of the Democratic system. The state power has to guarantee the rights of the people, the "left" supremacy of sovereignty, theory of people's rights, can only provide the theoretical basis for the monarchy and the rule of man. The country is the people's state, only the state power to control the harmless people's rights within the limits, in order to ensure that the government does not harm people do not cause. All damage the basic right of the citizen and government, fundamentally speaking is in violation of the spirit of the constitution, shall be settled through the corresponding institutions and procedures.

To implement the basic right of the citizen constitution, the second is to strengthen the enforcement of the constitution. To strengthen the implementation of the constitution, the constitutional rights of specific.Because the constitution right concept, political, operability is not strong, soIn reality, people in the nature, constitution is equivalent to the general political party, group charter, the program, conceptualization, and the constitution as a method, with universal binding force and coercive force of the state. The constitution is the constitution as articles in the ideological consciousness and discipline category, gradually formed the constitution is not law, does not have the force of law concept, that violate the civil law, criminal law, crime is illegal, and in violation of the constitution is indifferent, It is often seen. that illegal phenomenon, it is completely indifferent, because this is a technical level people's constitutional rights awareness is not high. For example, people do not have equal rights in the constitution as a legal right, and only a kind of natural right. Professor Jiao Hongchang said: "equality, initially only a legal concept, and later with the development of society, regarded as legal principles, and then become an independent legal right. Equality only as a kind of legal right, to get judicial remedy." Like the equal right of constitutional rights in the legal idea and legal principle stage, can not be specific law, this is not the important reason of judicial protection. To strengthen the implementation of the constitution, to strengthen the judicial application of constitution in,Fortunately, the application of Chinese Constitution in this respect has taken a welcome step.2001 Qi Yuling v. Chen Xiaoqi and other violations of the right to name, the right to education case, opened China's constitution is applied in judicial precedent, the epoch-making milepost type. The implementation of the constitution, will increase the people's constitutional consciousness, cultivating the idea of democracy and law, especially the common sense of civil rights and civil servant law concept. Practice has proved that, by the law to guarantee the basic rights of citizens, to promote the process of socialist rule of law in China has a positive and far-reaching significance.

The bitter Chinese enslaved, never like this can enjoy so much right, never like today, have more expectation to their constitutional rights. However, the basic rights of constitution implementation requires our citizens of the basic rights of Constitution for the positive, we need to raise the level of social development, more need the protection of the state.

                             2006-6-29