How far are we from Constitutionalism

-- Memorial82Constitution30Anniversary Symposium

Invitation

 

         Hello, sir/Ma'am.

 

   In December 4, 1982, the fifth session of the National People's Congress passed the fifth meeting of "the people's Republic of China Constitution" and promulgated on the same day. This is a great event in the history of the reform, it marks to construct the normal national economic advance is the constitutional basis for formal, but also opened the era of China's reform of legal system construction of the big screen, set the legal construction of lawful sex foundation and boundary. However, this is not an isolated and completely fracture innovation events, a structural regression but in political decisions and the fundamental law on the significance of the five four constitution even "common program". It is in the regression with connotation of the reform process, the new Chinese documents is the continuity and legitimacy in the constitution, reform was always in the reformist rail relatively conservative forward, but did not evolve into another radical revolution. Loosen the historic view, the 82 constitution is not only rooted in 1949 since the new China constitutional history, even rooted in since 1911 "to the Republic" of the modern Chinese constitutional history, can be traced back to 1840 since the modern state China transformation whole historical vein construction. Since the 82 constitution was, Chinese won the reform of construction stability during the period of 30 years, in the rapid economic and social, the livelihood of the people, the rule of law, and many other aspects of forming a "Chinese experience" and has larger scale and structural significance.

   

   However, it is a "constitutional reform", a ruling party leadership system under the constitution. Legal construction in the past thirty years despite the achievements, gradually system scale, but the "law of autonomy" phenomenon is prominent, the specific legal effect has gradually encountered fundamental law (Xian Zheng) level of the barrier, the judicial reform is also striking one snag after another, difficult to obtain structural break. The 82 constitution in the preface and the general program wrote the constitutionalism system elements of extremely rich connotation, but the process of its orderliness, procedure and system is not significant. "Constitutional reform" has established a "constitutional appearance, rational logic revolution exit", and commitment to the country under the rule of law and the protection of human rights to pursue, but the 82 constitution and political ideal and the right blueprint is still far from our real life, mutual stimulation group events and stability maintenance system and malignant interactive reminds us on the Chinese constitutional system reality. Academic research on the 82 constitution, a constitution, the constitution of sociology, the standard constitution, constitutional interpretation, the political constitution science and other route, but there is no constitutional theory has sufficient value consensus, advantage and reasonable explanation of constitutional framework. Comparison of the Constitution and the constitutional meaning of "judicial constitutionalism" from the system barrier, and the 82 constitution emphasizes "essence and principles of democracy" are out there, so there is a big discrepancy between theory and practice and Chinese constitutional transition of propositions. And the new "political constitutionalism" in theory construction and system theory is still not mature. One hundred years of Republican constitutional transition remains to be seen, before the key pass Three Gorges along the Chinese history. Has not been significantly improved the system of practical and academic status in the 82 30 anniversary of the constitution, as the fundamental problems of Chinese politicians and academics.

 

   On the occasion of the era background and historical moment, humanities and social science of Beihang University, Institute for advanced study (referred to as the "Beijing University of Aeronautics and Astronautics high research institute") and "magazine" agency to strategy and managementApril 14, 2012Saturday.In "strategy and management" magazine jointly held the theme of social meeting room"How far are we from the 82 constitution Constitutionalism -- Commemorating the 30 anniversarySymposium. This seminar will invite domestic constitutional research field all elite scholars related topics on 82 constitutional in-depth discussions, expect to sum up experience, build consensus, face the problem, thorough theory, 82 constitution better implement expansion and a rational and China constitutional transition to provide the necessary intellectual framework and practical guide.

 

   This seminar will set but not limited to the followingResearch topics:

(1) the 82 constitution and the 54 constitution, "common program" relationship and its significance

(2) revolution, reform and constitutional government: the perspective of the evolution of the 82 constitution

(3) the implementation mode of the 82 constitution and its criticism

(4) the 82 constitution and Constitutional Convention

(5) four and the amendment of the 82 constitution principles

 

    The organizer invites you to constitutional experts carefully prepared papers or speech outline, around but not limited to the topics on the deep and rich thinking and debate rational, discuss to the 82 constitution based China basic theory of constitutional proposition and proposition system. Conference record release by all participants, after finishing the revision of editorial department will be published in the current "strategy and management" magazine.

 

The theme of the conference:How far are we from the 82 constitution Constitutionalism -- Commemorating the 30 Anniversary Symposium

Meeting time: April 14, 2012 (Saturday) 10:00 - 18:00

Venue: Beijing Diaoyutai State Guest House 16 floor conference room 01 (Beijing city Haidian District Fuchengmen Road No. 2)

Organizers: Research Institute of Beijing University of Aeronautics and Astronautics"Strategy and management" magazine

 

    Contact: Guo Qionghu "strategy and" executive editor,Tiger@topvip.com13910761066

              Tian FeilongDoctoral University Law school,Tianfl2008@163.com, 13581676417

    Subject / outline received mailbox:Tianfl2008@163.com

 

Research Institute of Beijing University of Aeronautics and Astronautics

"Strategy and management" magazine

March 7, 2012

 

 

Attached:The list of scholars (16 people)

Gao Quanxi (Research Institute of Beijing University of Aeronautics and Astronautics)

Xu Zhangrun (Tsinghua University law school)

Ren Jiantao (Renmin University of China, University of International Relations)

Zhang Qianfan (Peking University law school)

Yao Zhongqiu (Research Institute of Beijing University of Aeronautics and Astronautics)

Ma Ling (Law Department of China Youth University for Political Science)

Zhang Yan (Renmin University of China law school)

Yang Limin (China Youth University for Political Science law school)

Li Honglei (Academy of Social Sciences Institute)

Zhi Zhenfeng (Academy of Social Sciences Institute)

Wang Qinghua (China University of Political Science and Law law school)

Liu Yi (Beijing Institute of Technology law school)

Bi Jingyue (Beihang University School of law)

Zhai Zhiyong (Research Institute of Beijing University of Aeronautics and Astronautics)

Zhou Lingang (Tsinghua University law school)

Tian Feilong (Peking University law school)