Lecture information

Speaker.

Professor Gao Quanxi, Beihang University School of law

Host.

Associate professor Fei Shancheng of Zhejiang University Guanghua School of law

Distinguished guest.

Associate Professor Jin min Zhejiang University Guanghua School of law

Associate Professor Zheng Lei Zhejiang University Guanghua School of law

Associate professor Zheng Chunyan of Zhejiang University Guanghua School of law

Lecturer Lan Rongjie Zhejiang University Guanghua School of law

Feng Anbo of Zhejiang University Guanghua School of law, jurisprudence postdoctoral researchers

Jurisprudence doctoral students Li Rui Zhejiang University Guanghua School of law

Time: November 25, 2011 (Sunday) 14:00 - 16:30

Location: Zhejiang University Zhijiang campus building five, floor two

Lectures finishing

Yin Tingting: in charge of the speaker report record

Cao Yanhua: be responsible for free discussion record

Yin Tingting: in charge of the system

(and the administrative law science master's constitution of 2011 grade were Zhejiang University Guanghua law school)

Be the speaker

Fei Shancheng.

Dear teachers, students, good afternoon everyone!

Today we are very honored to once again invited to Gao Quanxi professor. In October 24th of last year, 25 days, Miss Gao is in river side for two lecture, this is his constitutional trilogy, the first, second do last year, this year is third.

Today to attend the lecture of our law Zheng Lei director, for teacher Zheng Zheng Chunyan, criminal procedure law professional teacher Lan Rongjie, legal theory postdoctoral researcher Feng Anbo, and so on, are welcome to attend the lecture.

Please have the following high teacher to give you a speech, everyone welcome. (applause)

Gao Quanxi.

One, the prologue

Very happy, also very fortunate to be able to once again to the Zhejiang University law school to some of my research for everyone to do a report, also very grateful to Professor Fei, Zheng Lei teacher, and teacher Chun Yan, you the teacher of my reception and offer me again to Zhejiang University law school to talk about their ideas platform. After the said here last year to about two lectures, to his brother met in Beijing, he said that you didn't tell me how to say hello to my "home" into your constitution (laughter). Indeed, in this before I returned to the teacher sent a message, I said I just to Zhejiang University, tomorrow to participate in the vice president Luo Weidong presided over a "300 anniversary of the birth of Hume Symposium", take this opportunity to drop by the law school again.

1, why is the "trilogy"

Why say it again, because I had an idea, last year I was in several university law circles have continued to make war, revolution and the property of the lectures, but only in Zhejiang University, Mr. Zheng Lei gave several lectures I dubbed the "constitutional three Department song" series name, Trilogy there is three, two of them I have in each university told and have already published, one paper "war, revolution and the constitution" published in the "Journal of East China University of politics and law" in 2011 first; another piece of "wealth, property rights and the constitution", published in the "rule of law and the Jilin University social development" in 2011 fifth. If the trilogy only two lecture, that can let a person feel I take a trilogy, but no trilogy. I don't think it a good idea, but I also finished the third article "the mind, religion and the constitution", is a magazine review period; and Liang Zhiping teacher appointment in December 10th to "Hong Fan comments" also make such a lecture. The Zhejiang University, this article, firstly in this place, to the original title "trilogy", I take the initiative to talk about and teacher Zheng Lei this time, to give a lecture to reflect my systematic ideas here, can draw a full stop for my lecture at the University of Jiang campus Guanghua School of law. Therefore, I feel very happy.

2, why say "political constitution"

Words to be said, in recent years the rise of the so-called political constitution, I think it is the research on a new method of problem consciousness, the mainstream of constitutional law is different from the traditional textbook on new. Not long ago, I went to the Chinese University Hong Kong at the meeting, invited by the Law School of City University Hong Kong to do a special lecture topic is "rise," the mainland political constitution, I talk about the evolution of recent years, the political constitution, a total of about five part lecture:

First, political and constitutional issues of concern consciousness of the political and social background.

Second, the main representative figures in recent two or three years, the political constitution of made in China, and caused a series of controversy.

Third, the political science of constitution is different from the mainstream or the standard constitution, Constitutional Analysis of textbook ideology of constitutional law, the concerns and concepts, such as people's concept, constitutional right concept, revolutionary concept, representative concepts, judicial constitutionalism, constitutionalism and socialist politics, history of ideas and methods about the research of these problems on the issue of. Time is limited, I only made the list.

Fourth, focus on the political left and right in the constitution, this is I always want to emphasize.

This time I went to Hongkong, and Chen Duanhong has been talking about this problem. In a sense, he and I thought in the methodology, and the concern is the same. Although we are friends, but friends, academic to the academic, whether in private or formal occasions, and in a formal essay, I mention that I and his clearly different. In my "from politics to normal politics" (China legal press 2009 Edition) in one book, the first article "from the political constitutionalism to judicial constitutionalism" door of technical secondary school has a part of critical end Hong's article is regarded as the representative of the political constitution "theory Chinese constitution as the root of this method and advanced" ("the constitution as the fundamental law of the state and the advanced method", "foreign law" in 2008 fourth period) five so-called fundamental law, interpretation focused I took out seven or eight words I and his difference. Later in Beijing I held academic discussion of a "nation building and political constitutional", meeting later in the "Journal of strategy and management" was published, then all of Taiwan scholars Qian Yongxiang, Chen Yizhong, Zhou Baosong of the Chinese University Hong Kong, East China normal law, Xu Jilin Liu Qing, the Beijing academic Yao Zhongqiu high, Tian Feilong, Maria, I think the political constitution is divided, I would say is the difference between the right and left.

Fifth, and finally, I also said, the political science of constitution and the standard constitution, Constitutional Analysis of a prominent different, we tried to study Chinese constitutional thought attention extends to Chinese modern history, so I gave two typical examples, one is Chen Duanhong article this article specifically on the "common program", although not a long and minute statement, but the "common program" is a historical problem as the constitution or constitutional out, here is not like history as renovation problems, but implied a PRC Constitution to what way as the founding of basic problem, he some esoteric argument. The so-called "esoteric", this problem is very sensitive, the so-called "common program" and "the five four constitution" exactly is what relation, the New Political Consultative Conference and the old people's Political Consultative Conference is what relation, and the Chinese people's Political Consultative Conference and later the people's Congress is what relation. In a word, he believes that the "common program" is a very worthy of concern, research involves to the constitution of the people's Republic of origin, this is a.

Another example, I recently wrote a pamphlet on ":" constitutional moments, the original subtitle is "to examine the Qing emperor edict from his" political constitution perspective, is our common concern and my understanding of political science of constitution. Some people think that the political constitution theory many vain things, these are not closely related to constitutional law and constitutional law that stuff, or not relates to what textbooks. What do these things have value, then I'll take a sample, can not only explain the Chinese constitution and behind the question, is also applied to the China modern history.

Chen Duanhong on the "common program" is good or bad I would not comment, this is an attempt. The booklet I is the study of the ROC national foundation problems, I will expand on this problem tonight, that is why I think the Qing emperor's imperial edict "shine" is a constitutional significance of a file, it and the "provisional constitution of the Republic of China" jointly constitute the basis of the construction of the. My booklet has ten words, letters on the 368 words, I was completely science from the perspective of my understanding of the political constitution to explain, I think such a political constitution or play, such a kind of thinking on Chinese modern constitutional history, fully able to some new research style and ideas. The traditional both legal history and constitutional law is now mainstream in dealing with these problems is weak, even involved, just a few words, rather than academic research. So I think the political constitution research field and concern or have a brilliant future.

Study on the political constitution, it just is a beginning; the comparison is a pity Chen Duanhong to Hongkong politics. In Beijing, there are still a number of young people working on this aspect. On one hand, generally want to do the work, the compilation, is a political constitution of quasi textbook, which is similar to a principle of things; on the other hand, is what I have done work for many years, next year should be able to finish, I chose a constitutional moment six countries, the six countries that are similar Chinese turning period -- including before the glorious revolution, the British USA founding period, the French Revolution, the Russian Revolution of October that the bourgeois revolution, the Meiji Restoration in Japan -- the law of literature, each country a volume, there are 300 words. In general has been handed to the draft, so I'm done a full five years, each volume has a sub editor, and then select some legal information (at the time of the original data).

Here I mainly introduce the development status of the political constitution. I have always said that the academic development is diverse, Chinese constitution in all areas of research in depth, it is All flowers bloom together., competition, development and interaction between stimulation theory, is a very good scene. For example, the normative constitution study done in the past few years is also hard to Brahma, professor and teacher Zheng Lei launched "the principle and technology of" constitutional review is a set of books, Professor Han Dayuan explained research team of constitutional jurisprudence is more powerful, I think these academic phenomenon is quite good.

3, why talk about "religion"

The above background, why do I talk about attention to religious issues. To make fun of his brother said, when you're explaining the political constitution, why should the standard constitution with our. I said, as of now the status of constitutional jurisprudence, inevitably will mention the advantages and disadvantages of the standard constitution. The constitution has the trilogy, problem consciousness is, I always feel that the constitution is not created out of thin air, not a few people hold a meeting to work out a statute is constitutional, it certainly and social transformation of. The reason some people together for a meeting, the signing of the agreement, or privately reached a tacit agreement, or by the Convention and certain procedures set out a thing, it is not simply a paper on things, is certainly contains significant social change, some of the major social, economic power. These forces makes some people somehow, some way to the constituent assembly meeting, secret agreement even privately do, what is the force behind these phenomena? This is our constitution should first concern, namely the constitutional power. Ackerman's representative work "we the people" of concern is the constitutional power, the power is a kind of public power, the power to make a thing formed, then this thing to create an order, especially a political order, this is the concern of the constitution should. Then, starting from the problem, I think there are three kinds of force is the major force of the constitutional indispensable.

The first kind of strength, I think is the modern social and economic strength, I call on the issue of property rights constitution. From a legal sense of property rights to the constitutional meaning of property rights, this is a kind of modern social economy and people's desires, the most core strength associated with human life, life. Without economic strength, the power of wealth, the modern constitution and modern society is impossible to construct. Therefore, the constitution is the inevitable and wealth change and economic change of the social economy in the associated. The changes in China for thirty years, to the present political reform is also on the agenda, has become an important issue, is thirty years of economic reform makes the social political order change. Although the economy is the study of economics, but the constitution of economy, is the wealth transfer as a property right, is a kind of constitutional property rights, rather than a sense of civil law, this is the first content.

So, we see with the social change, there is also a modern country and the constitution or the related issues, namely the revolution. Any kind of modern constitution and a revolution is associated, regardless of revolution is English, French, Russian style and post China revolution in the country, and from the colonial separated like USA revolution, is always associated with the derived from political revolutionary social revolution, this is the constitution the country can produce important power. If the reasons for revolution is the revolution, why it happened, and war, and war and civil war civil war, rebellion, is called as such Xin Hai revolution. The warlord was not called civil war, rebellion, because does not have the constitutional significance of rebellion, but the revolution is the meaning of the constitution, it involves competing for legitimacy. Why will cause a civil war, from the western society back up is the earliest religious wars. The war between the states evolve into civil war, after the civil war led to the revolution, is the problem I processing, modern constitution is associated with these revolution. This is the second question.

I think the third problem actually is also very significant, but the China on constitutional law, US, on research is ignored. In fact, the third problems, namely, the religious problems, is very important. As we know, the relationship between politics and religion is a major theme in western country's founding, no relationship is not the modern western countries. From the earliest religious wars, the rise of the new education after the civil war, Britain, France, American founding and is closely related to religion, this is only the external form. This article has thirty thousand or forty thousand words, add notes, basically clarified the relationship between religion and the constitution. Our modern constitution in dealing with the issue of religion is a constitutional principle of what, it is relatively complex, process I can only roughly trace its evolution. This time I only said a few points, I will put my few articles about the political constitution of paper together a book next year, the title is not ready, because the press is reminiscent of an eye-catching title, but the subtitle is "political constitution", big home if there is interested can read. I think the concern of constitutional law, focus on constitutional issues, focus on a country basis problem, if you don't focus on religion, I think your research is not deep, your understanding of the constitution is still some lack of.

Next, I will talk about why religion and constitution. One of the key is not from the religious point of view of religion and politics, but from the perspective of constitutional law of religion and politics, namely the relationship between politics and religion. My lecture is divided two parts.

Religion and the constitution of two, classical political in

We know that human society, in general, there are two social forms, namely the classical society and modern society. Of course, in the west, there in the middle ages, the medieval feudal law is very important, it is important, as I said, the feudal law is very important for constitutionalism. Of course, the feudal law here, not of our ideological said feudalism that kind of discourse, the feudal law is a not equal and free legal, it is a hierarchy, but the hierarchy is a free content. These are not what I want to talk about the content. I want to say is the following two key,

1 why classical constitutional has a mind to settle the problem?

About the relationship between religion and the constitution, the Constitution and the people first, what is the relationship? Constitutional law is the study of power allocation, is the study of the protection of human rights, which is contemporary constitutional told two basic of our content, its two basic functions. But if we go deep traces, which we traced constitution in human early, then what is its function, we find two just said is not enough. Our understanding of the constitution should be put in a broad sense, the modern society to understand the constitution must have a constitutional text, the text is the law, are a series of content; if, in essence, what is the content of the constitution, not is to construct a social political system and political order? In ancient times, human beings have social, the social life is the relationships among the crowds will, on this relationship norms is constitution, is the so-called classical sense of the constitution. I first present the problem here, what is the classical sense of the constitutional function, actually and religion. In the early days, both Chinese society or in western society, the constitution is actually a settle the soul sustenance role. People are people, because there is a spiritual activities, not a group of animal, not some flying sand and rolling pebbles, one has a moral emotion, this group of people together to form a society, the formation of a certain social order, the most concentrated expression of this order is a country, especially western city-state, in China of course is the three generation of the system, some small states. The city-state has its own constitution, the core of its constitution is not the content of the modern sense of the balance of power (the power to several departments to exercise power), nor the protection of individual rights, the constitution is the first such as secular life of the human mind has a final spiritual sustenance, to protect the people gather together. In addition, special emphasis is that, in ancient society, whether in the West or Chinese, with particular emphasis on sacrifice. We look at the "book of Rites" in the system of sacrifice, and then look to the west, especially in the Kulangle "wonderful description of classical city-state" in one book, I recommend you to read. This book is basically the Western city-state classical religious meaning of the constitution revealed, the reason is that people can become one, because have a spiritual sustenance; the heart is mainly embodied in the ritual, has become a spiritual sustenance because there is a common family, a common national God, or family ancestors to worship. True citizenship is able to participate in the worship of rights, the core of the classical period the contents of the constitution is the citizen to participate in the common ancestor of the right to worship. Citizenship is not what we now understand voting rights and other kinds of rights, is a kind of sacrifice right. Therefore, we see the ancient Greek, Rome the biggest punishment against a citizen, not sentenced to death, but expelled from the country. Look deeper, out of the nations will lose the right to participate in the symbol, becomes ghost；wandering souls, to not mind ownership of individuals, there is no protection. So, out of the city is more than sentenced to death penalty, which indicates that the natural life has no meaning. One's real life, as life of citizen, citizen's life is eligible to participate in the worship in the city-state. This sacrifice is classical religion, in this into a mutual relationship, namely the polis exists, which is capable of providing a live together in a political guarantee for everyone.

The city is to condense everybody, that is what we all want to live in a city state, was not on the gun, not the city-state has military strength, can make you win together; but our city to establish a religious common confessing, this religion is our common ancestor, common blood, shared a temple, to participate in worship. These things make the city people to think, this city is their real political home. We can see the role of religion. If we this group of people, with a gun and we together can also set up a home, but the home we are not accepted; but if we this help people believing in a highly out of objects, we can honor and dedication spirit, and the country is sacred and respected for this object, then scattered in various community citizens that the country has the legitimacy, the legitimacy, even sanctity. People can completely loyal to the country, and even to the national interests and sacrifice, dedication. Here we can see that the classical religion is to sacrifice the form, its core is the key, the religion is the foundation of state is based on the. Otherwise, it is not the city, but a gun under the strongman.

Can be seen from the evolution of classical political lies in the city-state which sacrifice class and the ruling class, even between the monarch, knights and nobles of the struggle. We see the classical political struggle, not the so-called Marx's class struggle, the slave and the slave, although these struggles are the potential in the classical society, more important is the struggle between citizens. Citizens struggle between the performance for the rulers Worship class and who has the authority of the samurai class struggle. Struggle here, sacrifice stratum is leading the country's leadership class, or the king of worship the king and his is the leading class, or a group of nobles are the leading class? Their first duty, facing the country is dedicated to common ancestors and the gods. Struggle is in this place. We see these all is in the use of religion, because religion is to put all the people to gather the strength of spirit, is the legitimacy of their location, the blood and the true spirit of everyone together. The question is, who has the authority? We see the classical political society a series of revolutionary (revolution in Rome, Solon reform, later the Rome Republic to the emperor system evolution), religion has played a major role. You read this book ("classical city-state"), or read China classical books, that sacrifice is country. Chinese ancient also said: "affairs of state, sacrifices and Rong", namely the sacrifice and the military, but the core is the sacrifice. Why sacrifice into national priority, because the sacrifice is master this country was able to get people to the network together with the strongest bonds. Grasp the gun is not enough, the gun violence to gather the people together, but people may not be able to truly loyal to him, but the power of the spirit of the people worship through setting up. But what it is sacred, classical religion.

I pressed him further, why the sacrifice so much influence on every one of the people will? If the sacrifice of no value, just like a sacrifice and who will attend? Now the sacrifice no force. But classical thought, the gods, ancestors and the city where God is his life, and left him, his life is no sustenance, so the sacrifice spiritual influence on him. The ancient people of theism, he thought that if there is no God belief, then the people become the ghost；wandering souls, who was for nothing. The whole significance of life, that is the spiritual sustenance. So just city-state that spiritual ritual, the ritual role to bear up. The object it's related to the spiritual pursuit of personal spiritual needs and the other side of the world. It's related to the other side of the world and the secular world through the city-state of public worship. In public worship, constitution stipulates a series of rules, constitution memorial. Here came, who is entitled to exercise public memorial ceremony, how to allocate the power, which relates to the constitution said the distribution of power, judicial administration, division of property, and even the court decision. That is the core content of constitutional level second. The core content of the constitution, the constitution is to strength of spirit, and the spirit strength from religion, from the citizens of the city of faith loyalty. This is the classical social content. As you can see, as the ancient people and this is their real life. If there is no religion, they have lost the meaning of life. People are people, that is because he has faith heritage. But the classical social too far away from us, said quite verbose.

On the religious friends 2 classical regime

Next I added a content, going on. As we all know, between classical social states and states, is friendship relationship. Cruelty is the city between the city if destroyed, the city's people were slaves, so you have to fight for the city. The reason is not strong in the city-state of private rights, if only to the private right, once the city destroyed, even the nobility or the king also reduced to slavery, so they want to fight for the city. Between the Gucheng state and city is going on, why would the war between the city-state, the deep reason lies in the distinction and difference between the city, not by a law of peoples all together into a city-state. Their religion, gods of different. The war between the States, it boils down to is the Pantheon war, is between the gods and the God of war. Because faith is not the same, so that even among the people of peripheral blood relationship, trade are consistent, as in war. The internal cause is that religious differences. So we see, the most cruel war, the war is not compromised, the wars of religion. Now become a religion, is the war between civilizations. We think, why between Christianity and Islam incompatible, but the internal religious, be irreconcilable opposed to various sects, seems to never compromise? This is the religious nature, decided to friend and foe. So we see a problem that faces the classical society.

I said here is more abstract, if you want to study this piece of content, read some books will understand. Now the society these problems remain unresolved, such as 911, human bomb, in fact or and beliefs about. Sino US conflict, conflict between Christianity and Islam, the final is the war of civilizations, the clash of civilizations is behind the religious problems. Religion is a very important issue in the constitution. Religion and constitutional issues are very important in America inside, needless to say, the key is outside. No studies this problem in China, but the Communist Party is a new religion. The leadership of the party is not a new ideology, is a kind of new theology. The constitution will show a new church state relations. On constitutional jurisprudence, is a specialized research of constitutional preamble preamble preamble, this study cannot be explained by standard constitution, the constitution of science to study, in a sense, the school is a kind of church state relations. The past is the Pantheon, near modern is Jesus Christ, our God is the red thing, in fact, we are in a statement, the relationship between constitutional law and religion are very close.

Three, the early religion and the constitution of modern

Here, I went to the Middle Ages logic process. We know that the medieval theocratic political form is. We see Berman's "religion and revolution," a book, which is about the Gregorian revolution content. In the secular world, the relationship between monarchy and the Catholic Pope power of the feudal, is one of the most important problems in medieval history. This problem is very complex, the investiture contest, Gregory revolution and other issues, the content is too much, I hereby unsavory. Theocratic state is never complete, true theocratic state. True theocratic state in heaven, in the secular world does not exist, because the feudal monarchy exists. But the form is capable of theocracy, because these people are Christians, they obey the law is unified. I talked about the medieval is actually composed of three legal system, namely the church law, feudal law and German law, jurisdiction, they are not the same. Here I shall not talk, I was mainly about evolution, is the modern problems. There is a paradox: the major problems in fact religious reform, at the same time it is also a great contribution.

We can say, the modern countries in the religious reform, established the modern constitution of core principles and modern social core principles -- individual freedom, individual property rights and a series of rights, if we want to back up these rights from religion, from the Protestant Reformation. The new education reform is one of the most important contribution is established completely autonomous individuals, in theory and Practice for the personal rights opens the door. Because the Protestant is about individuals from a traditional, classical national citizen and country together to freedom, and the feudal hierarchy, different subjects of serfs, completely opened up person in the church, in the presence of God is an independent, free and independent. The Protestant individualism completely opened out before, under the feudal system, the individual is free but not independent, he is bound to the feudal law. In the classical social, personal and national com., individual rights are rarely concerned. If you read the tragedy and history of ancient Greece and Rome, will understand that didn't have our individual rights. New Christian leader a personal justification by faith, to develop personal independence. In the constitutional meaning is it the past personal ideas, transform a person's freedom of religious belief, religion by an obligation into a right, which is the starting point of modern constitution, which is of great significance. The relationship between modern constitution and religious belief I talk, the Protestant Reformation, to make a lot of individual rights, especially the right to religious freedom rights in the constitution. We see that many countries now constitution, first of all provisions of the right to worship freely.

We know, freedom of belief content consists of three major key is freedom, freedom of mind; two is the freedom of speech, because faith to express, it is social. Buddhism and Christianity or other religions in the most different is, Christian mission is to preach, this is the God given Christian Mission -- to alliance, in the world to activities, so he asked the right of free speech; third is the right of association, is the political freedom, and even the most important rights in the constitutional rights. Compared with the property rights, political rights, the constitution of human nature is more significant, they are all derived from religion there. We are going to talk about the relationship between constitution and religious so-called, constitutional rights in the most basic rights, the core is extended from the origin of some of the claims of religion or Christian over, embodies the freedom of belief.

The core of freedom of religion, including three aspects we said above. There is a problem, they think America First Amendment to the constitution embodies the influence, the first clause stipulates that "the State shall establish national religion, religious activities" independence from political state, became a believer myself form social groups. The state could not use their power of state religion, the establishment of religious or active concessions on religion, country to maintain a neutral attitude. This had become the first, is because before the state and religion entanglement produced a series of wars with the modern state, resulting in a series of disasters. The different denominations are intended to have a dominant power in the country, caused the bloody war. So, finally, the constitution to achieve a religion out of, or out of state power, become a kind of social organization. This is a half sentence meaning specified: church state relations in religion and state be separated, firstly to set up this separation. Second, it's the second half sentence about the State shall not interfere with the freedom of religious belief, we mentioned the freedom of belief and a series of spiritual right, right of speech, the right of association, the state should not interfere; that is to say, separated from the national religion, religion into an organization in the society, then the state as a kind of public power to different religion should be equal.

Back to the relationship between the Constitution and religion, we see the modern state, the first level relation between constitution and religious, first from the constitution established the non intervention of the state religion, the principle of separation of church state relations in the. This is the first principle of modern constitution. So we see, for example American constitutional amendment first established the basic principles of a modern country, a country may in some religion as its state religion, not to make a series of provisions of a religious in the exercise of state power. Associated with this, as in USA constitution, the State shall give some church school offers, by national tax to support the church school. The second point, the modern constitution and the establishment of the right to freedom of belief, is the individual can be unrestricted in their religious freedom, as freedom of association, or even the creation of religion. No so-called cult, such as we now think of Falun Gong is a cult, because the concept of the word cult is not constitutional, but the concept of theology, is the concept of religion. Religion can say I am you bad, and the government itself is neutral, it does not have the power to say that a religion is good or bad. Some people may ask, since the country regardless of religious affairs, the religion is not good or bad, yes. How to distinguish between religion is good or bad, is that religion can freely, but restrictions shall not engaged in commercial activities, not fraud, not resort to deceit, can only be engaged in religious activities, such as faith, preached, charity. In the religious competition process, bad religion has been expelled. Similarly, the cult is not to cult AUM Shinrikyo cult conviction, for example, murder is murder, commit criminal law; tax evasion is tax evasion, is also against the law. Can not say that believe in a religion, think the religion is a cult and found him guilty, in foreign countries is not the crime. Founded religion, without faith, there is no meaning of existence. The vitality of the religious believers, nature will be more and more, the true religion is becoming more and more development; the so-called cult nature will be eliminated, because it is difficult to accumulate and development through religion, money will make the criminal law.

The first amendment to the constitution, America good deal with the relationship between religion and the state in modern society, is a country not to set up the national religion, a religion in politics, or the national level does not have priority rights or privileges, are completely equal in front of state power, national neutral and make no exception to all religions, this is the first article. Second, all citizens can have freedom of religion, can be engaged in Missionary Association, all kinds of activities. The first amendment to the constitution basically deal with the relationship between religion and state power in a modern country, deal with the relationship between a country's citizens and society, this basic in the constitution of a lot of. Research on constitutional law scholars are aware, this is not my point of talking, I want to talk about is another thing, from the political constitution I is more concerned with one of the following questions.

As mentioned before, provides a spiritual sustenance of the political community of classical social constitution for the people, and since American constitutional amendment to a country neutrality, personal beliefs into civil society completely independent of individual activities, individuals are willing to believe what you believe what, countries do not have the religious meaning has, which itself is just a normal power, power from the parliament of the people selected, and then select a set of power system. USA is bicameral, other countries may be unicameral parliament, elected a, then a president, power can be exercised by the courts, judicial disputes, we see that the state is now. But I'm from political constitution is more concerned with another question, a country and society such Is it right? Really so? Now the treatment is such a scene, you feel the same way, so it is stated; but I think behind another layer, namely, after all, is a spirit of the animal, man's religion is the belief activities alone personally engaged in the general civil society is not able to completely satisfied, so in the back we can see, as has been pointed out, like in western countries, to USA as an example, it has been behind a secret senior law background, a theocratic political background. Then, we face a problem now, if a group of people back to the classical society, so the modern economic diversification, the development of the society, individual rights advocates, but could not be a monolithic whole like have a common belief (the belief into a single state in one country, city have a common public memorial ceremony, you have a spiritual satisfaction), and now has become a secular society, country into a secular institutions of governance, citizens can put their faith in their own emotional sustenance in the activity, but this activity Is it right? Can meet the internal religious appeal? As can be seen, when a country facing social transformation needs cohesion, simply by election, by advocating the rights of the individual are sometimes difficult to gather consensus, people sincerely rights and rights offer betting. The biggest problem I tried to explain that the rights of the individual can be condensed into a social community, our modern pure the constitutional system in the society, sometimes it's role is limited. We see, when USA face a crisis, such as the 911 event, in fact raise is a USA spirit, behind American spirit is in fact a kind of faith. But one country's strength of belief sources, what is faith? In the tradition of Western society, very easy to put the power of faith as a Christian theological background.

In fact, we see the western society there is a famous saying "American constitutional amendments for the relationship between politics and religion USA set up a wall, blocking the national and personal religious contacts; also opened a hole". When American facing social transformation or crisis need to mobilize the people spirit, a senior law behind the background as a source of individual rights. When we trace back to the personal right, property right, most people naturally has the right to life, the right of belief, but if we continue to deep back, namely tracing these rights of faith is what, if these problems are not addressed, this right is empty, often lead to nihilism.

I just said, individual freedom of belief is the basic right in constitution guarantees freedom of religion, but need to have faith, not a belief materialist or nihilist would not have the freedom of belief problems. In fact, we can see the constitutional guarantee of human rights, is a human rights. Human rights refers to the Christian faith behind, is the Christian God in the background of traditional culture. By faith the talent is different from natural animal, countries should support this belief, make the person has the right to citizenship, the belief to be maintained. We are engaged in religious activities has been settled, but faith is what, this is ultimately a dependent one the other side of the world, and behind the other world is the so-called theological background. Furthermore, theological background in the West was Christian background. Now the problem is, no Christian background for our group of people, if we are given the right of speech, right, right belief (these are our basic rights), then we will be facing this problem, namely what is faith. If there is no such thing, the constitutional guarantee of all Is it right? So-called people (but dogs). Sometimes into deep thinking, a variety of property rights, the right to life, liberty, if not a spirit behind to support it, the constitution is not much meaning, security is not let these people live pig like life.

If the constitution is a constitution, has much meaning constitution. Research on constitutional law scholar may not be so thinking, do not ask these questions, because they feel the life right, property right is a natural right, faith, the rights of association are required. The form that of course it is, but if asked to guarantee those rights that citizens will eventually become a what kind of person, if the constitution is just make citizens become one big pig's words, I think this constitutional significance. Will think that these are all natural rights mainstream constitutional law may, however, I must ask what are these things, we must have the thinking, at least on the constitutional history of thought people should think. These rights can exist, the western society to answer is, to make citizens become a different from the pig people of faith.

We then asked a little, why the collapse of Rome, the worship the God of the people of Rome to the Christian tradition. The main cause of collapse of Rome there are a few points, secular reason is Rome area is expanded, many citizens, management difficulties, civil claim to share rights, colonial too many citizens revolt, etc.. These are just a set of words, such as swelling population, poor financial war, secular reasons, these reasons is correct, but cannot solve the problem. There is one main reason is, Christian led to Rome's death, but also defenders not Christian lead, because the Romans finally to Christianity, but Christianity makes the original Rome citizens lost their virtue, that sort of thing into early Christian patristic theology. The problem is, the citizens of Rome why corruption, why will lose to the Christian? Historically, the classic form the belief to worship a god mode, ancestors, national God has overcome the Christian side beyond the God, so citizens spiritual power is weak, all citizens finally corrupt. I have the article says that corrupt people, that overwhelmed, public religious force is not strong, Christian ate away it, makes it not the spirit, the spirit of Rome collapsed, Rome people's corrupt, then this country collapse. There are religious factors in the inside.

However, if Christianity is simply patristic theology is not, then we see, Christianity became the scholastic philosophy. I have studied, the meaning is very complex, because of the time, I will not talk about. The ancient Greek Rome classical period, people depended on the ancestral God, God to modern society we have not superstitious these gods, because these things strength is not strong enough. Now also in the face of a doubt, that is the people of god. The people of God? People how to become a God? People how to worship God? This involves the civil religion problem. If a Christian tradition, there is no civil religion. What is the civil religion, is the senior law background, to the basic individual rights constitution behind the guardian. The rights of the individual to deep back, is a kind of theocracy, is the spirit of faith, is the guardian of a group of people of faith in the world as the citizen they exist.

For not a Christian nation, ultimately, is to bring people into the civil religion. From the beginning of Rousseau, began to explore this issue, until now has not been resolved. Here I also talked about China tradition, we have no Christian background, the US Constitution and religion is what relation, I tried to create something from the traditional culture, whether in the constitutional monarchy, beginning from Kang Liang Confucianism or Confucian civilization itself is religious significance, perhaps with a quasi religious significance? I think, the constitutional rights in behind it, or to protect people's life constitution, constitutional provisions if there is no spiritual support behind the words, the constitution will quickly decay, the function of constitution is to end with a question mark. Chinese at this stage is, the constitution makes people into "pig", even in the country's political party system, we become almost couldn't survive. We need a right protection, enable us to live a normal life of a pig. But the key problem is that we don't pig, the constitution to provide for a spiritual sustenance for us, the spirit is what, we need to think about this question; if you do not consider this problem, the constitution even good constitution, is also not enough. Similar to the senior law background things behind us should have, but no. The Chinese nation's traditional or provide us a lot of resources, because the traditional classical political Chinese there are many etiquette civilization. We are to De Li and civilization tradition Nippon founding, from the civilized world order, to create the relationship between the Constitution and cultural relations, constitution and religious (the religion is not like Christianity).

I emphasize that the mind, religion and constitutional issues. The constitution of course first treatment is a political order, political order behind certainly relates to civil rights, the rights of citizens to go behind relates to a mind to settle. If do not have a spiritual sustenance, what is that the citizen, it only material things citizens pursued? The Constitution not only maintain the material abundant, that's not the goal of the constitution. We need a can make people to the material life has not been settled, the so-called rich power deprivation of life, also want the norm system constitution can provide the spiritual home of a set of. There is a risk: who say the spiritual home of the provided is true? How to identify what is true spiritual home? This into what, is the power or other? This is the most difficult problem. We Sing revolutionary songs is the spiritual home, the spiritual home to perhaps the disaster. I would like to bring the matter, because this is a constitutional question, it requires the help of traditional. There is a tradition, a spirit in the west, the great theologian said that the constitution is on earth of God's power and interests, Sing revolutionary songs people perhaps because not enough strength and broken. In the past the respect of Kong Fuzi has not work, for Chinese, facing the biggest problem is the belief in something, where, it need not to need? I think that is needed, but where they came from is too difficult to answer. I think, relatively speaking, when people think of, or the human mind in something. In China five thousand years of civilization tradition, there are some things people need to understand. If there is no or not realized these things, that Chinese deserve is a group of pigs. If Chinese unwilling so, so we have to think about what the constitution is that, despite constitutional textbooks never said these problems. I am willing to put things behind civil rights to back, after all these constitutional issues should be thinking of the constitution, theorists, philosophers need to think. Of course, the study of constitutional jurisprudence is needed, and I always think technology something very important, but only the technical support is not enough. China has over one billion people, the constitution to provide political order to so many people, worthy of constitutional experts when the responsibility does not consider the human spirit is how to return a responsibility? I would like to ask these questions, because these problems are really no one really to ask questions, this is I regret. I have always said, research on the constitution of man to have ambition, to have deep thinking.

The above is only personal opinion, is my feeling, use this opportunity to put these questions to report, I hope everyone criticism.

Free talk

Fei Shancheng.

Just the high teacher spent 1.5 hours, took us all to the constitution spirit home, thinking about our mind things is what things, spiritual sustenance, of course we need constitution is the soul or spiritual sustenance, you may also be what is in the heart of things, you may also have a lot of ideas there are also many, may not clear place, we can put forward to ask to high teacher.

Li Rui (research theory of law, students):

I secretly and high teachers feel very clearly, the lecture hair confused. So, high teacher said no one do the relationship between law and religion problems Chinese constitutional scholars, it looks like it. But the jurisprudence about twenty or thirty articles on the relation between law and religion, may not know the high teacher. Since we generally think of jurisprudence theory accomplishment is low, so the book is not worth a look. In fact, law and religion in the last century 90's, in 1994 1995 when there are a lot of people say this question, what is the beginning of discussing the problem of objective? Is our legal laws is very serious, how to change this situation, is to achieve a legal belief the theory. Was he the teacher, translated "law and revolution", "law and religion", Liang Zhiping teacher said Westerners law-abiding is because they have the background of christianity. But then there are voices of opposition, the law can not be reason to believe. But now this argument petered out, less people talk about this problem. My personal view is that law and religion are two different things, reason I had also written two or three pages, very simple, one of the most important points are: first, if the theory of law faith holds water, Berman said that if the words, it is only in the context of the west, was established in China cannot. Second, is the former Christian Tertullian (Tertullian) said a word, why I believe it, because it is utterly ridiculous. He is originally Christian Jesus's death and resurrection defended. The death of Jesus, that is true, he is really dead; after several days, the resurrection of Jesus, that is true. Why do I believe it, because it is sheer absurdity, so I have no doubt of it. That is to say any one believed to have a cannot be explained by knowledge and common sense of things, so I think the theory of law faith, law, religion and belief to pull together, do a little bit unclear. Moreover China culture is not a religion, but a very secular culture, if is a pig culture, we didn't have enough to eat, such as fifty or sixty's, also starve to death many people, it is a great progress, now that the constitution should have a kind of religion background, it may be too demanding. Moreover, we are not saying the constitution must have a religious background, religious background, it can in real life a bit role we have been very happy, but in fact the constitution is not what role in reality, such as election coming up, we have the right to vote, but we all know that the right to vote it's no use, are false. Who can be elected, who don't choose we already know, how be to return a responsibility, elections and we do not have what relation, we just follow the play, but also a waste of our time, that's the way it is. This is a little of my point of view. I care about is the constitutional, religious and spiritual relationship between it and China, high teacher in the course of the lecture, intermediate about Chinese problem, began to say things from the west, the middle is said to Chinese, but did not say a few words, and return to the west of the. So I was a bit confused, don't know Chinese situation and western question is how, I think it is two kinds of circumstances, Chinese problem to China, West to the western, this is two different context.

Zheng Lei.

Then the high teacher talk, talk about feelings. High teacher lectures always inspired me, and was inspired by the systematic, every time listening to teacher lectures, almost on-the-spot scattered related just egged into being an article. (laughter) last year to high teacher constitutionalism occurred trilogy before two, forming a small article, ("we at what age -- a brief analysis of the norms of constitution and politics of constitutional law fundamental differences", "Journal of Soochow University (PHILOSOPHY AND SOCIAL SCIENCES EDITION)" 2011 third.) The religious dimension of constitutionalism occurred, around the high teacher topic, I would talk about five levels, the shallow display of constitutional jurisprudence scholars related thoughts on religion and religious problems. (laughter.)

History 1, religious status

The evolution about religious constitution status high teacher review, I try to use such a line cord to brief rehearsal:

First of all, religious play three major roles that in classical politics, (1) to put the heart, is a sustenance issues. This is a fundamental role, based on the role of religion as a red line, integration of city. Around this thread, it plays a role in two (2), civil rights, or the core of civil and political rights of citizenship, embodiment. As we know, the civic and political rights in a typical modern is the right to vote, vote; but in that era, is the worship of the qualification and the right. (3) third, also on the basis of this, the religious monopoly source of political legitimacy, the legitimacy foundation of city become integration. This is the three play the role of religion in the classical political in.

The two layer is too important, sources as the core embodiment and the civil legal status of the device, it goes beyond the original role of religion is the soul. On the extension line, various political forces of competition, which is directed at the religious discourse right. For example, use fight for territory in ancient Central China this parable, in fact, one is the foundation of legitimacy, the so-called: "lose kingship, one by one of the world total. "In the religious monopoly the source of legitimacy, the religious level competition is heating up. Because religion is too important, everyone in the context of legitimacy for the religious discourse packing up at the same time, also for the worship of God, and the channel of communication control, for the monopoly of man and God given communication qualification status, so that the pope in the Middle Ages the private monopoly and God direct communication channel. Can say, because religion behind the two layer is too important, in a sense, the process of the competition or the outcome, the original function of the first layer is to suppress. Religious reform theme, say from a certain meaning, is the two separate entities. For example, recently starring Nicholas Cage recently released a new movie "Season of The Witch " (season of the Witch), comparison of the tidal students may have seen (laughter), is about the topic. Nicholas Cage starred in the religious reform fighter, like there is such a sentence, "It is not your church, it is not your god" (this is not your church, this is not your God). In the middle ages, personal communication with God's channels, was Pope monopoly, the Protestant revolution broke the monopoly, as God's chosen people, can communicate directly with god. The origin of religion in freedom of soul, which was restored.

Modern constitution in religious terms generally includes two aspects: the first aspect is the free exercise clause, the second level is the relationship between politics and religion clauses, both with the religious reform and religious settle origin is directly related to the effect of the mind.

Specification 2, China connotation of article thirty-sixth of the constitution religious freedom clause

In my second topic next, is to regulate the standard clause structure from the connotation of religious freedom in China in terms of article thirty-sixth of the constitution religious freedom. Religious freedom is basically two aspects, one is the freedom of religious belief, the two is the relationship between politics and religion. High teacher just mentioned America First Amendment to the constitution, it can be through the dual structure to study, one is free to practice, the two is the separation of church and state.

In the aspect of freedom of religion, the connotation of the norms of national relative similar, mainly includes three aspects: one is the inner freedom of belief, this is a kind of absolute freedom, it is said inner freedom is free, you can hate me, hate, as long as you don't act, the law no way. Two is the religious freedom of action; the third level is the religious freedom of association.

We look at the "constitution" of thirty-sixth, a total of four models, the first citizens enjoy freedom of religious belief, second speak any state organs, social organizations and individuals in matters of religion shall not be forced, and may not discriminate against. Talking about the connotation of the freedom of religious belief, often blurt out a sentence pithy formula, you can shake head a doggerel: everyone has the right to freedom of religious belief and believe it or not, everyone has past religious now non religious or non religious believers in the past now free, everyone has past believe that teach, now believe that teach or past believe this teaching, now believe that the freedom of speech, etc.. In fact, this is a level of religious freedom, the freedom of religious acts; there is even no mention of free thought, not to mention the free religious association. Freedom of religion is to let some people quiet, afraid, mainly because of the free religious association. Some time ago, Islamic Eid al Fitr, this is one of Islam's three holiday, we gathered together to celebrate the festival. The online graphic reported the event around the. We saw some details in the picture afford much food for thought, such as a picture shot a lot of people gathered in a field on the outskirts of Gansu in Lanzhou held the Eid al Fitr scene. Attention, why don't they to a temple or conditions more suitable place to go, and the choice of a piece of land in the wild, not the money, or this year popular wilderness, obviously not, why, you know (laughter). This is the freedom of belief level.

There is also a level is the relationship between church and state level, this is the constitutional liberty clause second levels, it has different forms in different countries. A method for the separation of church and state American; Germany was neutral form, that is to say countries refuse to separate religion and state affairs, but to treat every religion; and of course, a very interesting to distinguish the mode, is a socialist country, here, religion is considered less developed productive condition of opium, this also can say is the separation of church and state model of an individual. The relationship between church and state of another class, is the national religion, Anglican mode can be divided into two kinds, one kind is the Church of England, a result of English Protestant Reformation is resulted in the Church of England mode; another is an Islamic country, country education mode, can see Islam teach the national constitution, such as opening the Afghan constitution came into force in 2004, wrote: "we the people of Afghanistan, firmly loyal to Allah, rely on the law of kindness, beliefs of islam". This is a typical form of state model.

Our country's political model, is a basic problem that deserves research, analysis of some religious behavior evaluation China church state relations, government of many scholars take the separation of church and state USA mode, which is the fundamental analysis impassability. But the "constitution" of thirty-sixth religious freedom in terms of the relationship between politics and religion connotation is afford much food for thought. Just high teacher mentioned, in the relationship between politics and religion issues, modern constitution consciously establish a wall, the wall may be American so impenetrable wall, possibly with a filter screen wall, such as Germany, to make a long story short is to set up a wall. Please note, this wall even filter type, it is a one-way, filters, or fear, is the national interference citizens religious freedom. But what about "constitution" article thirty-sixth paragraph third and paragraph fourth of the literal meaning, it is about the state protects normal religious activities, religious bodies are not subject to any foreign domination, which is obviously a wall, but it is the reverse, at least technically is a wall opposite. However, we also cannot by this point, it established the China theocracy or is the separation of church and state relationship. The relationship between politics and religion Chinese can involve a lot of problems, because the constitution of religion is not a theology, need to expand the understanding, from some kind of meaning is that it is equivalent to the customs. A text learning our primary school textbooks, Premier Zhou in the Dai Water Splashing Festival, which is the national leader in the religious activities in some way, the problem China at least must be put in the ethnic relations to study. As for church and state, together or separately, this is a big topic, you can do a large paper. This is also the high teacher mentioned is a very meaningful topic no expansion. I have no special system, but some scattered thoughts. The above is the connotation of "constitution" thirty-sixth freedom of religion clause.

Other research on the constitution of 3, freedom of religion

Research on Constitutional Law on religious freedom, and not limited to study on the regulation of the connotation of the.

This field of research, is not no one study, but there are a lot of people think, at least there are many people who want to study. For example, about religious freedom constitutional significance in undergraduate teaching, I have been stressed, I speak of religious freedom so important, sometimes open courseware first came out of a pig, then tell me the freedom of religious freedom and the thought is important in that, this is the difference between man and pig, one can look up at the starry sky, can go to the yearning some spiritual sustenance, explore the transaction, this analogy and just the teacher also adopted such as coincidence point. I also translated a collection of papers, there may be published recently ("the religions of the world human rights: the 1994 Atlanta conference report", Shanghai Sanlian bookstore), Zhejiang University doctoral students try some this dissertation. The high teacher said constitutional scholars do not pay attention to the religious, there may be different.

However, seeing from the surface is not study people. This is just like the teacher said, this issue is too important; often have such a phenomenon, the more important things, the more space co.. Research and politics in constitutional law, especially. The reason is why religious freedom is always the most terrible enemy, because there is a man of faith. If you hate a person, is at his money, he gave you the money, this contradiction is resolved; you are directed him to the beauty, he put the beauty for you, this contradiction is resolved. But you came to the belief, it is not the physical strength to get. This may be the reason of constitutional jurisprudence on the subject of religion is showing a flourishing.

However, the modern constitutional jurisprudence is definitely not a person into a pig, "the constitution" is not present. "Constitution" article thirty-sixth, in the normative connotation may literally reflect some limitations, but this limitation is not hard, can through the interpretation of the operation, the high teacher's content is included, it is completely possible.

4, the essence of Religion: spiritual sustenance, the value consensus.

High teacher talked about "problem, related, we can reflect on a problem, is what is the essence of religion.

As mentioned earlier, heart is the basic functions of religion, as reflected, the regime's legitimacy source of religion as the political rights of citizens, is extended out on this basis; especially in the modern society, elections and democracy has replaced the role of the two dimension. Associated with this basic function, religion is actually a spiritual sustenance, a common value problem, which is the most in need of our time. "In a sense is an attempt to make value specific to act as the value consensus. In the process of forming value consensus, it is the important connotation of value consensus is what, as it is how to achieve the value consensus process.

Not only are we trying to, our great, glorious, right Chinese Communist Party are trying, do you not see the "socialist core values" refining, what do you mean, you may not know it, but you may have heard this a few years to say, it is valuable for. The September meeting of the seventeen session of the six plenary session, the theme is the development of socialist culture, the problem consciousness is refining the core values of socialism, although not explicitly extracted, but it stressed the importance of the socialist cultural construction problems. And there is one big word is Chinese characteristics, a few weeks ago Liang Zhiping teacher lectures also mentioned, Chinese features you may not know what is the connotation of it, but why "China characteristics" is very important, its purpose is very clear, essence of transformation of transformation period is the foundation of legitimacy of the discourse process, conversion in this discourse, to win the initiative is very important, therefore, to use a name a generalization, but in practice it's connotation continue development. The scientists are actively thinking about the summary of this topic, but they sometimes is very limited, the value consensus and not the constitution, or all the scholars can think or conceive, we can only in the natural time, just the time, Qia Ruqi put it summed up. Besides, the seventeen session of the six plenary session has not been summed up by the constitution, is the thinking, not out of. This is just the high teacher about constitutional scholars function orientation of a different view, may not necessarily be.

5, the three freedom and Trilogy

Fifth aspects, is a problem to want to consult to the high teacher, high teacher just said trilogy is a series of name I graffiti sketch. "Zuo Zhuan" trilogy and the high teacher's words closely related: "affairs of state is to worship and military", "sacrifice" is today's worship, religious, spiritual, "Rong" is the last year the revolution, there is a very important is the property rights issue.

It is easy for us to associate, is the three largest free modern constitution first to write into the constitution, including economic freedom and spiritual freedom two in the trilogy is a corresponding: the core of economic freedom is a property, the typical form of spiritual freedom is freedom of religion, but a personal freedom here is can't find a clear relation? The dislocation, do not know how high the teacher think, thank you.

Li Rui.

I said just now missed the point, I write a paper recently, is about the legal belief, just say against it but did not say how to build it, as we say don't theory of law faith, there are people out for the legal nihilism, if not the law of faith, the faith of what. In fact, it's not so. The law as a tool, tool of law theory seems to be approved batch smelly, but the law is not a tool that what it is, is it is a kind of divine religious thing, to put it in that such a height, it is a tool, it is a tool for people communication. Only under the rule of law, the legal norms, to realize their own interests we can better, such as we go shopping, go to the trade, this is not a practice of the legal process, the law in the transaction process is to play the role of a tool, so do not talk about the theory of law faith does not mean the legal nihilism, the law as a tool, but this tool is not a party, a faction of the tool, but the people's tool. Of course the reality is a party or group that name to the interests of the masses of people, it seems to become the law instrumentalism became a private device of a party or group, rather than a male. This is the first point, is that the law is everyone's tools, and private, not a party or group private tool.

In addition, the law is the embodiment of the public, we will reflect, not a party or group interests expression. Therefore the law is not of faith, does not mean that the legal nihilism, it is not empty, because it is as people's will and the people's tool exists.

Gao Quanxi.

We talk about all the good. Yes, I was writing this article is to find some constitutional document, just Xiao Li about from the jurisprudence, did a century earlier, legal Is it right? Should be believed in, about which Liang Zhiping and others had this article, is pondering this question from different perspectives, then on this background and related issues, are you talking about this issue is less, is the question that seems to have solved the problem from the angle of jurisprudence, because the focus or orientation problem consciousness is weak, may not to the deep cause in my opinion. What it does, as we've just Xiao Li said, we Is it right? Law-abiding, in the country under the rule of law, the law on social order, enacted laws, how to treat it, is to take the instrumentalism or true faith, said that faith is faith, from then on it as just another kind of analogy sense of the law, not purely as a tool, but rather for the will of the people or the public interest, form a system, developed by the common council, is it really reflects the legislators will will and interests, should be a kind of authenticity that, such a legal faith is not today I talked about the religious belief, it is example with some belief in words, but only a modification on the use, concern is the law Is it right? Truly reflects the legislators or people or other real intention, and not against these intentions formulated. Later, jurisprudence has solved this problem, regardless of the reality Is it right? So true, but as the law must reflect the will of the people and ideas, through certain procedures. I think this problem in theory seems to have no what can ask, but this is not true of law belief, legal faith is not the law to the belief of law that treats as the Bible, but the law itself which hold things and the people's spiritual life is a kind of what kind of relationship. The civil law general or common law is not what is too large and this relationship, only is the constitution, because the treatment is a political problem, is the problem of state power, and the individual as a citizen's civil rights issues, legal issues and others are for example we do business together, do trade, I owe you a lot of money, I killed a man, I robbed and other issues, the inside and the problem of belief did not close, relatively speaking, only the soul of life part of constitution and the relevant. I want to understand from this meaning

Li Rui.

I inserted a, used to say Chinese how, Westerners say Confucianism, that we have a tradition of Confucianism or Confucian cultural tradition, then we have the Confucian tradition is not such a foundation of faith, or is the foundation of the soul: the constitution, to what do law, the Constitution Constitution can do things, we must replace Confucianism does not do this kind of thing, but now there is a view, is grafted them, without the necessary, can take the constitution as a system, then the things that.

Gao Quanxi.

The problem is that, a Confucian thing or a traditional norms in people's hearts and virtue moral thing, if not into the national political or ethical aspect, sometimes it in modern society, it is not power. Why now rise to political Confucianism, Confucian constitutionalism, now Jiang Qing also has a series of ideas, he also want to put between the traditional this set of etiquette, civilization, human Renyilizhi letter these things, be incorporated into the national system, of course, this Is it right? Can do it, is another thing, I think it may not do

Li Rui.

I think this is not to be, why, for example, a movie "by storm", a spy heart touching help writers and so on, but then somebody has done a survey of the history, someone asked the museum curator, there is such a thing at that time, was there multi agent, there is not a spy done this thing, the answer is none, never have so many people. Included in the cultural revolution, so much harm people during the cultural revolution, now there are a few people out to apologize again, let the murderer out to apologize, said I don't want our children to do such a thing, so there is no way to do, you do not have an ethical assumptions, not to confess it, not to be too honest, don't harm it and so on, there are a few people do it?

Gao Quanxi.

Xiao Li said not to do, we won't ask these, we ask, if the structure of a system, but if not to people's mind to provide a site of words, that the constitution it is what meaning, Confucian couldn't do.

Li Rui.

This is not the thing to do, the constitution is the specific provisions of sorts, but these spiritual things need not to worry about what the constitution, religious do?

Jin Min.

In the final analysis, (the mean) is the Kaiser to Kaiser, and God what belongs to god.

Gao Quanxi.

So, this thing, but American first amendment is dealing with this problem, processing problem is that it Is it right? Can really distinguish, now has many problems, such as the French red scarf case, some of the so-called Kaiser things China, feeling that something just we this Kaiser is not enough, if the legitimacy of normal enough, it is Kaiser to Kaiser, Jesus to Jesus, but when we think that legitimacy of Kaiser or the exercise of power is not enough to change your crooked, or you want to achieve a new change, that power comes from where? If the power does not come from Jesus's words, that Kaiser will go to kaiser. We assume that make it rigidly uniform current running status, must be each to one, but in some problems occur disputes, especially on both sides, Kaiser power from where there is doubt, at the same time the Confucian or theology is off topic, also want to intrude into the modern politics, the religious ceremony for every citizen to comply with this wanton, Jesus crossed the line, became a national religion color, it also has a problem. The question is how to balance, from the principle of speaking is such, if the normal society is balanced, of course is good, but we found how to do when the spirit to maintain order in the modern society and the legal political order has greatly distorted, problems in this place, if no distortion, the social good, we agree with the society, the moral advances, Renyilizhi letter, relatively good in daily life, the government power operation section of society, so good, so is the Kaiser owned Kaiser, Jesus to Jesus, originally is very good, the problem is there are times we live in now, when people will be distorted, and some people think Kaiser is too absurd to wanton, some people think the theological things too hard, put politics this all crowded, this can happen.

Li Rui.

Just gold teacher summed up my point of view, it is not so, (laughter.) so, you said Kaiser, Jesus is still under the Western background story, but in Chinese never had this kind of Kaiser, Jesus this thing, everything is emperor.

Jin Min.

You can't confined to the literal understanding.

Li Rui.

No, China situation and Western culture is not the same, I also referred to write an article on the whole, Chinese traditional politics and religion is not the separation of church and state. Now Chinese Communist Party the great glory of the right, why the right, because it is the truth, right, so it is the sacred status, through the red, red and the choir is not about it, they sing we Sing revolutionary songs, a truth. So it has fairly positive correlation, in this case, is a characteristic of the China, so with the Western paradigm to explain Chinese situation, I think the explanation is very limited, so how do we explain is a problem for me.

Gao Quanxi.

This is worth exploring, indeed, Chinese the etiquette system, with things mechanical Western here is a problem, but it a series of different, even if you said is the leadership of the party, it is to the operational framework under a system of government or constitution, even if it is not truly implemented, it was this suit the needs of modern people, you put this suit modern people all take off too, so it is necessary to have the basic institutional framework of a modern society, even if it is the Islamic countries also need to have a basic modern parliamentary system, the presidential system, judicial system, it it also needs a set of props, in general I think, complete with traditionally Chinese is not correct, but the direct use of the West Chinese transplantation is not correct, China is in the transition period, so the ancient and modern Chinese and Western connects in together.

Gao Quanxi.

Questions about Zheng Lei, I was not thinking about writing this argument corresponding to the three problems, I jump out from the ideological point of view to see, of course you this question, I also think about the right to life, in my property, I also said that the property cannot be understood as a matter property rights, property rights, it has several layers, the first layer of human life occupies itself is a kind of possession. In fact, there are two kinds of production, is a kind of possession and reproduction of human life. I am the life right, reproduction is a right of inheritance. There is a wealth of material, right. Of course there is a spiritual right. Some of the early works of my reading, actually called freedom, freedom of expression, in a certain sense is also a kind of property right, the property does not mean it is a material, is something people have, so my mind on speech, my body and my things, all I have is a right. So I think that put this on the property, put it on a level about, I'm talking about, but the logic thinking about my three freedom you mentioned is not so, you this question, I don't have a good answer.

(Zheng Lei: Rock's property rights.)

Gao Quanxi: Yes, my property right is the sense of Rock. Indeed, it contains life, free speech, can be named property, but this is is a concept in the history of the political thought, a confusion which is my face. Often some of the concepts I writing, sometimes is a concept in the philosophy of mind, in the history of political thought, in them and the concept, categories of law is sometimes related, sometimes also has the very big difference, and this is my own discipline due to background, so I faced the problem, first the I should note, on the other hand, if not pay attention, I also can only so. Other professional people according to his logic to narrative, personally, I use these concepts, sometimes is the concept of political philosophy, the same word, not the concept of constitutional jurisprudence. I said I was the constitution. This is not modesty, jokes, is really a layman, lies in the constitution which set of specialized terminology, concepts, special special logical thinking, I do not have completely, I sometimes wonder if fully equipped will not bind human thought, so here the first is a difficulty, I say themselves according to their own ideas, I do not know is good is bad, I was faced with this problem, not only this article, all my posts are facing this problem, it is not a complete strict constitution of things, concept terms are not, but involves a lot of problems in this area, these problems with the constitution. It seems to be difficult, so this is a young man in the future to further research problems.

Jin Min.

Li Rui said just now that I misunderstood his meaning, is the Kaiser to Kaiser, and God what belongs to God, I say you need not confined to the literal understanding, Kaiser to Kaiser, we know that Kaiser represents the secular, and God what belongs to God, God represents what ah, what is the high teacher in the straight talk ah, is the mental problem the problem of mind, the problem we exist, may not believe in Jesus we, our traditional is not so high, but the teacher he would like to point out that he wanted to talk about the problems we exist? I meant to pay attention to the question of problemmatique behind the high teacher tonight lecture presented, and not just from the literal to understand whether or not there is the problem of Kaiser - Jesus.

Li Rui.

I'm not literally, I think China and the west is not the same.

Jin Min.

To, is not the same, you might think that I misunderstood what you mean, but I think we should first understand the high teacher wants to talk about the question, what is his problematique. The last time Liang Zhiping teacher, beam teacher talk is a ritual and law problems, in fact he really care about is moral and legal issues, from Austen, Bentham began to separate the moral and legal problem two, but in fact the two be inextricably involved. In fact, the teacher would like to talk about is our legal circles, people always want to only legal problem solving our legal circles on the line, the moral, ethical, religious problems not to our legal people to care about, such a state of mind, treat law as a self-sufficient subject, other things is the layman including high teacher said. The legal person China mainland Is it right? There will be a sense like this: spiritual religious issues, questions how much relationship with our laws, we need only to legal matters right on the line. Liang Zhiping said the teacher how many times we want to put moral issues out of the area of the law, but in fact the moral and legal problem is not you want to put the moral out and, Pound also talked about the separation of morality and law is not what great things, but once again the two problem is still not open. Back to the religious and legal issues, and God what belongs to God, the Kaiser owned Kaiser, can separate is good, but the problem is how can Kaiser to Kaiser, and God what belongs to God, religion and law can not really separate, including American is the separation of church and state provisions, but in fact it did not do so, if we look at the Huntington's "who are we? "(Who Are We?) , you'll see exactly what it is a country which is a Christian, country, do not think there will be so simple, not to say that there is a separate clause two really separate, if in our Chinese context will be like, we are not a Christian country, we also have our tradition, I like Li Rui, I want to hear what the teacher on this problem of high response, we return to the ram age may, during the cultural revolution after the down hole store, then we may have to go back, this is a problem for us, if Kaiser's problems can in the common good, without the help of God, of course, to the satisfaction of all, but in fact it is difficult to distinguish between the two. After all, I don't know if I have misunderstood high.

Gao Quanxi.

I think at one level can be separated, but the end is not divided, the West has a set of models, our model where is it, I can now say not clear, the Confucianism that a, Jiang Qingna a, I am in favor of a part, but I feel it is very difficult, not what is this a set of Chinese, I also feel very sorry, but Communist for that one, I don't agree with. We as a Chinese, always feel that there should be something like this, but in where, I do not know, I hope, if not, to tell you the truth Chinese is very tragic,

Jin Min.

When it comes to the leagl reasoning problem, Atia and Summers in "the form and substance of Anglo American Law" (Form and Substance in Angro-American Law) in the legal basis for formal basis and real basis, substantial basis (substantial reason ) is divided into two kinds, one is the substantial basis first level, we generally within the framework of the law can be solved, as for secondary substantial reason, namely the substantive basis second level, in fact is the high teacher said senior law background, the back of the teacher talk, the law itself is not know its weight and legitimacy problem, that is the substantial basis problem belongs to the second level the.

Fei Shancheng.

There are the following which students have questions to ask?

Student Yuan Denghua:

High teacher hello! As a graduate student, in fact, many of our classmates of the constitution faith is hardly, my personal experience is, Kaiser and God is not there, if really want to implement the constitution must be to have faith, this is a prerequisite for me. If the constitution needs spiritual resources, my personal feeling is that many things can be inherited confucian. we put western things take over, local and no what can replace it, westernization is not the spirit of the constitution, the resources we where to look for them, and if they cannot find them, we are not a god missing people, really into pigs.

Gao Quanxi.

(laughter), I think should have the confidence, Chinese traditional civilization 5000 years off, I believe that there is indeed a force, this force how to comb it out, reconstruction, this is we need to slowly. The 5000 year civilization does not break, we know that the tradition of classical civilization has been cut off, India civilization is not the ancient India, Greece, Rome is not, China thousands of years down the line, I think is behind some spirit, the spirit of how it extracted or dig it out, we have the fierce towards traditional now appears to be wrong, but make up for this, Jiang Qing too much, I think is wrong, how to dig it out, this is the contemporary people thing, from the aspects of contemporary people slowly for some, from the bottom of my heart, social history, traditional pieces together to construct, currently only in this way, not the king "direct drive" "disagree, but history and tradition and evolution, may prescribe, I also.

Yuan Denghua.

The constitution is to take over from the west, for example, I want to write something, I use a pen, can I take this pen away, I rethink the reconstruction of a pen, is from the original things in a more suited to our constitution, and that if we can not find the corresponding to a spiritual resource and the constitution spiritual resources, so why do we want it?

Gao Quanxi.

You said that the constitution is from outside brought, it just says the text, form into a constitution is opening, how many, this may be to take over from the foreign, imitation, but you need to know any kind of system has some rules, the system to exercise restraint, in all previous dynasties political community are there. Our group of people together, the exercise of political rights, to play the gangster, at sixes and sevens is not possible. But the western constitutional survival mode, display and its making method, the people's constitutional right of echo, the ruler of the binding is this from the western learning, but in the tradition is not to say that for thousands of years, this group of people is a mess, not to say that a pot of porridge, it also has the order, not dogmatic said this thing also has the Constitution in traditional society, but the constitution at the time we don't call it a constitution, but called etiquette, called ordinances, called the ancestral family even called follow the Providence, it is to have these things, but these things are not, to reform, I think Chinese and Western to combine. If completely westernized, then we will become a wilderness nation, from another world, took a constitution, we get the sand like things together, not so. We have thousands of years of history, we have our civilization, this civilization that was once very shine with great splendor, we cannot dogmatic understanding of the constitution.

Fei Shancheng.

Teacher Gao's report is wonderful, he is concerned about the relationship between constitution and behind the constitution, religious spiritual sustenance, it is very valuable. Recently on the Internet there are often people Lei Lei language such as "is to speak for the party, or for the people to speak", inter provincial hunt netizens, "is to lead people to tell the truth", our constitution in this context the implementation is difficult, no constitutional belief, we Is it right? Back then, even before the "left" when we have some kind of belief. What is the constitutional spirit behind it, it is still need to think of the problem. Today's lecture is over, thank you!