Huang Erwen: the change of social economic system from the Chinese amendments to the constitution of the

 

Recently, deputy director of the center for constitutional and administrative law studies at the Peking University,China constitutional Association vice president Zhang Qianfan, in"People.com.cn forum "online conversations with friends, then" people.com.cn "sent a text version, the title is:" China constitution society vice president Zhang Qianfan on 'life and the authority of the constitution is to implement'"(Http://live.people.com.cn/bbs/note.php? Id=57121205101410_ctdzb_062).Talk on the content of many. In the net friend ask our constitution implementation, Zhang Qianfan said that such a statement:

"...... There are four constitutions,1954Years of constitution,1975Years of constitution,1978Years of constitution,1982Years of constitution,1975Years of constitutionIt becomes a part of the constitution,It is not a constitution,1978The corrected some problems during the cultural revolution of the constitution, but by the cultural revolution, has been to1982Back to the years largely54In constitution, the1954The basic framework of the constitution of the year again adjusted "(Citation blackbody is added).

This word"1975Years of constitution......It is not a constitution"One particularly attract sb.'s attention. Especially in the"Not"Before adding to the complete denial of"The fundamental"Two words.

Here, the first problem is,1975It is not a constitution?

To clarify this problem before, is bound to involve1954The nature of its.

As we know, the constitution is the fundamental law of the country, reflects the basic relations of production and maintenance of existing social relationship, politics, put forward the goal and task of the future of the country on the other hand, promote the development of economic basis. The constitution has to consolidate the existing economic foundation promotes the development or change the role. This effect reflects the emphasis on Marx's philosophy of the superstructure is determined by economic base and counteractive views on the economic base.

1954Years of constitutional law, China's socialist economic system has not been fully established, therefore the Constitution in the existing economic basis decision factors -- the ownership relations, points out that in the "preface":"From the founding of the people's Republic to a socialist society was built, which is a transition period. Countries in the general task for the transition period is the progressive realization of socialist industrialization of the country, gradually completed on agriculture, handicraft industry and the socialist transformation of capitalist industry and commerce." In the "master" in fifth of the,When the people's Republic of China, the ownership of the means of production "mainly has the following kinds: national system of ownership, namely the ownership by the whole people; cooperative ownership, namely collective ownership by the working people; individual laborer ownership; capitalist ownership" (note here that "capital home ownership"). Clearly pointed out in article sixth, "the state economy is the socialist economy under ownership by the whole people, is the material foundation of the national economy's leadership and the country to achieve socialist transformation. The state guarantees to give priority to the development of state economy". In tenth years, "according to the law to protect national capitalist ownership of the means of production and other capital ownership." But at the same time, clear the "capitalist ownership" policy: "use, limit and reform": "through supervision by administrative organs of the state management, leadership of state economy and the masses of workers, the capitalist industry and Commerce has a positive effect to the beneficial to the people's livelihood, is not conducive to the negative effects of beneficial to the people's livelihood limit them, encourage and guiding them into various forms of state capitalism economy, gradually to replace the capitalist system of ownership of the whole people ownership."

From these excerpts, we can see,1954Constitutional accurately summarized at that time (liberation) main economic relations China social economic basis, reflecting the society exists the capitalist relations of production (mainly summarized as "capitalist ownership"), and put forward the "capitalist ownership"Objectives, tasks and policy reform. Obviously, this is a transition from New Democracy to socialism property constitution, its mission is according to the will of the people, promote the China society transition to socialist public ownership.

This constitution was released two years later, i.e.1956Years, China society on the "capitalist ownership"To transform the task completed. So far, the socialist relations of production -- the core is two kinds of state ownership, socialist public ownership and collective ownership -- in China basically established. But the superstructure including ideology (broadly speaking is the cultural field), to adapt themselves to the socialist economic base, also need to transform. This transformation tasks used ten years of time also is far from complete, but growing resistance.

In this case, finally broke out of millions of grassroots labor people to participate, participation, mainly for the superstructure including ideology "Cultural Revolution" -- can be said, after the "Cultural Revolution" started, from the masses of the people for many "capitalist roader", "Professor", "academic authority" attitude and the radical approach, also can reflect the masses of the people of Chinese leadership before the superstructure, government agencies, law education and health literature system (tendency in bureaucracy, and pressure from the masses, to start the outcrop of the bourgeois way of life, and from time to time showing tendencies towards capitalism -- in short, hinder social development), there exist serious dissatisfaction, anger; intense movement forms, can indirectly prove before the resistance is much.

So, after nearly ten years of hard work, paid a great price, has completed the transformation of the superstructure. So far, Chinese from the economic base and the superstructure, a complete set of the socialist system is established basically. Now, of course, need to have a constitution to consolidate twenty years of socialist economic and political revolutions achievements, and promote the continued development of China society. This creates a new constitution, which is the current ChinaThe constitution society vice president Zhang Qianfan completely negative, think"It is not a constitution "1975Years of constitution.

The front from the historical point of view, reviews1975The historical process of years constitution produce. Through the following excerpt, roughly about the constitution survey, in order to make the proper evaluation of it:

General programme""There are two main types of fifth of the people's Republic of China at the present stage of the ownership of the means of production: the socialist public ownership and the socialist collective ownership by the working people".   This article accuratelyReflects the China economic foundation of the relations of production, -- there are two forms of public ownership:Ownership by the whole people and collective ownership. With this match, there are some other terms, such as:

 "Article eighthSocialist public property shall not be infringed. The state ensures the consolidation and development of socialist economy, to prohibit any person by any means, disrupt the socialist economy and the public interest.
Article ninth country to implement"He who does not work neither shall he eat","Let each person do his best, distribution according to work"Socialist principles.
The state protects the right of citizens of labor income, savings, houses and all kinds of life data.
state allows non agriculture of individual workers in urban streets organization, rural people's communes unified team production arrangement,Engaged in within the scope permitted by law, do not exploit the individual labor. At the same time, we should guide them gradually embarked on the socialist road of collectivization."

These terms reflect the legal status, distribution and individual workers at the. In the field of architecture, the Constitution also made relevant adjustment, the national system for example, in ensuring the democratic rights of the people there:

"All power in the third people's Republic of China belongs to the people. The people exercise the power of agency, is the people's congresses of workers and peasants as the main body to represent.
people's congresses and other state organs, will be the implementation of democracy.
all levels of people's Congress election, the Democratic consultation. The electoral units and constituencies, have the right to supervise and in accordance with the provisions of law to replace their deputies."

"Thirteenth big sound, big, big debate, posters, is a new form of the creation of masses of socialist revolution.The state security of the people use this form, resulting in a both centralism and democracy, both discipline and freedom, both unity of will and personal ease of mind, be lively and vivid political situation, in order to consolidate the leadership of the Communist Party of China on countries, consolidate the dictatorship of the proletariat."

In addition, the core of leadership of the Constitution also specially equipped with a clear national and punish traitors and collaborators terms:

"Second China Communist Party is the core of leadership of the people throughout the China. The working class through their own vanguard China Communist Party leadership over the state.
"The fourteenth countries to safeguard the socialist system, to suppress all treason and counter revolutionary activities, the punishment of all traitors and counter revolutionaries."

In the chapter of "the basic rights and duties of citizens", is to protect the basic rights of citizens:

"Citizens enjoy freedom of speech, press, assembly, association, communication, parade, demonstration, the freedom to strike, a religious belief and freedom not to believe in religion, the freedom to propagate atheism.
The citizens' personal freedom and inviolability of the residence. Any citizen, not by decision of a people's court or the public security organ for approval, shall not be liable to arrest."

And: "citizens have the right to work, has the right to education. Labourers shall have the right to rest, when old, ill or disabled, have the right to material assistance.
　　 Citizens for national office working personnel of any illegal, have put forward written or verbal accusation against the right to state organs at all levels, no one may create difficulties, obstacles and take revenge."

Wait.

The above is just extract the some provisions of the constitution, of course can not reflect the panorama of the whole constitution. But enough to explain, the socialist economic base has been established, and the corresponding superstructure, has initially established.

In fact, the expression of the constitution content very systematic, complete, each part has the organic relation in logic, reflect the social economic and political relations. To consolidate the socialist system from the economic base and the superstructure and to promote its development plays the role of. In particular, this is a truly representative of the vast majority of people will China, has a very wide range of people's democracy, safeguard the interests of the working people China accounted for most of the constitution,Is China history (the first socialist constitution1954It is a socialist transition to the new democratic constitution, also can not be called socialism constitution).

From the view of the form, the constitution issued legal procedures, state government, democratic politics and maintenance, this mission, all complete elements; language very refined, and in fact it straightaway, as Chinese first socialist constitution, a truly reflect the will of the people of the constitution, which is the very rare.

In a word, 1975Constitution of generalization, concentrated a shine with great splendor of history, its historical position, no one can deny, of course also includes Zhang Qianfan.

Next, we'll look at1982Years of constitution.

Look at the master:

"Article 1The people's Republic of China is the people's democratic dictatorship led by the working class, and based on the worker peasant alliance of socialist countries.

The socialist system is the basic system of the people's Republic of china. Prohibit any organization or individual to undermine the socialist system.

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

The National People's Congress and the local people's Congress is the highest organ of state power.

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

(note, here the deleted1975Second years of the constitution,"The Communist Party is the core of leadership of the whole China Chinese people. The working class through their own vanguard Chinese Communist Party leadership over the state "content)

"Article thirdNational institutions of the people's Republic of China shall apply the system of democratic centralism of the originalThen......

"Article twelfthSocialist public property is sacred and inviolate.

The state protects socialist public property. Any organization or individual is prohibited to use any means appropriation or damaging of state or collective property."

In the respect of system of ownership:

"Article SixthThe basis of the socialist economic system of the people's Republic of China is the socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. The socialist public ownership, abolition of exploitation of man by man, let each person do his best, implement the principle of distribution according to work.

During the primary stage of socialism, the public ownership as the main body, common development of multi ownership economyThe basic economic system development, to the distribution system in which distribution according to work as the main body, a variety of modes of distribution."

Wait.

These terms, basically can illustrate the properties of this Constitution: the spirit, is the maintenance of the basic principles of socialist public ownership, it is still a socialist constitution. Not like Zhang Qianfan said"Go back to54Years of the Constitution -- "54The essence of constitution is democratic constitution, which is based on private ownership, admitted that "state capitalism", "capitalist ownership" legitimate (admit private legal). 75Years of constitution is notAdmit "state capitalism", "capitalist ownership" legitimate, and75The same year the constitution,82Constitution also does not recognize the "state capitalism", "capitalist ownership" legitimate. This is the essential difference between the two.Only in some clause,82Years of constitutionThe concept of representation is not rigorous or ambiguity, conflict with the principle of general spirit, in general, and even some logical contradictions, some wrong views have an ulterior motive, so that people can use these concepts, ideas, she explained, to explain the concept of capitalism. Zhang QianfanSee thisTendency, and to dance for joy, reflects Zhang Qianfan's position.

Through the above comparison, as well as to1975Review of constitutional history process, we can make the following judgments:Zhang Qianfan said1975The "can not be counted as a constitution", there is no reason. At the same time, Zhang Qianfan said1982Years of constitution"Go back to54Year ", said a constitution that reflects and defend the socialist constitution returned to public ownership based on private ownership and democratic constitution, nor the fact -- despite the fact that the Constitution does concealed appeared the tendency, reflecting a thousand sails hope. But the fundamental principle, the constitution is still the nature of socialism.

Then, as theDeputy director, research center for constitutional and administrative law at Peking University, vice president of Chinese constitutional society Zhang Qianfan, for what reason to deny1975Years of the Constitution? Why deny the Republic's first socialist constitution?

Literally, vice director of the Beijing University Professor, deputy director of the research center, and China constitution society, of the "Cultural Revolution" very disgusted, but because the constitution published in the cultural revolution period, will be called the "Cultural Revolution" of the Constitution in the name of denied the largely inherited1975In the spirit of the Constitution1978Constitution is a negative attitude.

The online search "Zhang Qianfan", Baidu business card paper, degree:Carnegie-Dr. biophysics at Carnegie Mellon university,Doctor of University of Texas-Austin governmentThe academic aspect:America Philosophical Association (1998So far, America Political Science Association ()1997Year to date) membership;Representative works are: "USA constitution", "Introduction to market economy legal regulation", "America constitution and government system","The western constitutional government system", "system"-- is also an elite returnees, constitutional leader class figures, and Mao Yushi, wonFord foundation -- East Asia Research Fund (1998Years)! The list of topThree books, two speak USA constitution, a film about the market economy, in addition to say constitutional works.

It seems he might know a little USA constitution, but the suspect is,What is the relationship between American constitution and China constitution? Maintenance of the ruling class, constitution and regime, law philosophy, from form to content are different, the form is few, the substantive content can be directly applied No.Therefore, he probably doesn't know China constitution, at least, do not know China revolution and Chinese history, especially the China in modern and contemporary revolution. In addition, he may know some USA philosophy, western philosophy, but may not understand Marx philosophy. He only knows the mechanical analogy, copy bourgeois American constitution to say, talk about property rights, human rights, democracy, and not by his denial of the touch on lightly1975Years reflect the social constitution, accounted for Chinese most people's human rights and the most extensive people's democracy, and not to America led western the hypocrisy of the world human rights and serves for the small number of people false democracy, soThe constitution of the advanced level and academic level is far more than the sum of all the America ever since; the philosophical foundation, is the contemporary also includes America history and Western any philosopher, statesman never.He did not know, he denied that touch on lightly1975Years in the constitution, is leader of the revolution, China people of the people's Republic of China, the State Party, army founder Chairman Mao Zedong and his comrade in arms Zhu De, Zhou Enlai released under the auspices of Mao Zedong, which contains the crystallization of decades of experience and wisdom of the battle. He denied and it is not just the "Cultural Revolution" for ten years, including ten years before the cultural revolution, and Chinese under Chairman Mao Zedong people in work hard and perseveringly, fight a bloody battle for decades to create the most important results of the establishment of the socialist system of the people's Republic of china.

We recognize that, along with the era of progress and social development, any constitutional should be modified, for exampleUSA founding presidentWashington presided over the formulation of the first constitution of the United States of America USA "constitution" for Zhang Qianfan to indulge in elaborating on Democracy says very little. The word was later modified to add. Therefore, the constitution should be amended, in order to better adapt to social progress and development, reflect the will of the people, the currents of history.1975Years of constitution is no exception.

But, in fact, from1975Years of the constitution to the1982In constitution, although the increase delete, general clauses, and in the regime frame restored the president set (this recovery has some problems, such as the core leaders tend to pluralism, to the Party leadership is a weakened, and so on -- due to involve too much content, this paper does not discuss), but in some link, there have been some historical retrogression, rather than progress.

I do not say this to completely negate1982Years of constitution. On the contrary, I have repeatedly stressed,1982In constitution from look on the whole, is still a good constitution, is a socialist constitution. Pointed out that the constitution than1975Constitutional regressed in some important link, the defect, it is in order to overcome the deficiency, prevent malicious people to explain, to resolutely defend the right core -- the socialist principles, to avoid certain people to use the constitution to be restored back tools and means, make the socialist constitution a step backward the bourgeois constitution. As for a country, the constitution is very important, it is the general programme, all legal total origin, while the law is on the national compulsory force -- the police, the army to ensure its implementation.

It must be clear1982The constitution ratio of years1975Constitution of the setback, produce what kind of defects, and thus the impact of. But the problem itself is a very important task, requiring extensive, in-depth study. Only by the author of a person, an article, it is difficult to tell the full. Therefore, here is the first to propose some personal opinions, so as to play a valuable role.

The excerpts, we have proved1982It is a socialist constitution, because the basic spirit, it is the basic principle of safeguarding the socialist public ownership. Then to discuss is the ratio of the constitution, the1975Constitution of the backwards? What is the impact of what happened, tendency, and won the praise from Zhang Qianfan?

The following a few examples:

1982It says in the preface,"The socialist transformation of the private ownership of the means of production has been completed, the system of exploitation of man by man has been eliminated, the socialist system has been established","In China, exploiting class as a class have been abolished", and on this basis, cancelled1975The "continuing the revolution under the dictatorship of the proletariat" formulation and political requirements, at the same time in the general programme cancelled two Yuan Di"The Communist Party is the core of leadership of the whole China Chinese people. The working class through their own vanguard China Communist Party leadership over the state "-- the Communist Party of the national unified political leadership has been weakened.This kind of "exploiting classes eliminated" theory, is the anti Marx's point of view, no matter what it called "signs, how China", it must be wrong, inference leads, is obviously backward.

At that time, if only from the economic perspective, "capitalist ownership" in China has indeed been cancelled and was declared illegal, but the class is not a purely economic concept, more embodies a political concept: in Chinese, individual private economy is still affected by the traditional private concept;, the spontaneous generation of bourgeois ideology exists generally, want to take the capitalist road there are a lot of people. When these people find the agent in charge of the Communist Party, began to influence the China policies, regulations, political line, in order to few people seek personal gain, the Communist Party of the Communist Party membership "agents" in fact has become "the vanguard of the bourgeoisie".

Such a state, namely society there exist foundation, agent regime, agents can be hidden to put forward its own line, principles and policies, to promote social change to the anti socialist direction. This group of people, to seize property for the purpose of exploitation, seemingly isolated individuals, loose, narrowly personal interest in this chain tightly tied together, and have their own "vanguard" organization -- the ruling party political representative, so in the class structure has tended to complete, and what is not a new exploit class or newly born bourgeoisie? These people expect and regularly for private profit by using public power, economic encroachment on public property, exploitation of people, openly communist party identity linked to government workers, from eating too much, to enjoy privileges, engage in malpractices for selfish ends, corruption and bribery. Any system cannot guarantee that no such people exist, and the formulation design and the people themselves may be involved in the system (as some "legal person" can influence the establishment China individualism view of law), no one can guarantee that they are not involved in the design and some do not allow exclusion masses supervising system how can the system of exploitation, that has wiped out?

In the face of this state of society, to defend the socialist public ownership, we must admit that "socialism class, class contradiction and class struggle", must be to prevent the restoration of capitalism in the most important position, we must strengthen the leadership of the party, strengthen the socialist revolution in various fields, to the dictatorship of the proletariat (the people's democratic dictatorship) as a means of to safeguard the socialist revolution. By the way, here said the dictatorship not only refers to the traditional instruments of dictatorship -- the police, the army, the judicial system, including the people's hands of democracy(At the same time it is the dictatorship)Weapons. Do not do this, have made socialist achievements will gradually lose.

So,1982Constitutional thought "the exploiting classes have been eliminated", is an obvious error in judgment. Another mistake: the negative "under the dictatorship of the proletariat revolution", -- this is to give up an important weapon of the socialist revolution and the hands of the people of the goal in the near future.

The direct effects of these two errors caused by the error estimation, is a misleading comparison class power, underestimated the enemy class forces, relaxed due vigilance, thus weakening the leadership of the Communist Party, weakened the people to consolidate the socialist public ownership of the strength and determination.

China are not isolated to life on earth, but by private ownership countries surrounded by; even in the home, the opposing classes. Formed in two thousand years Chinese private ownership under the traditional culture, colonial culture, slave culture and the force of habit as the background, and the foreign imperialist cultural invasion of foreign aid, rather than just seize power only on the economic base of the transformation of the China, their strength is much stronger, so there is always a possibility of the reactionary classes subversion. Ignore this possibility, will weaken or even give up on the enemy to fight, weaken or even give up the people's democratic dictatorship, and then affect the economic base of socialism, there is no doubt that you will pay a heavy price.

From the1982The promulgation of the constitution, from which has been30Years. In the countryside, almost nobody can understand"Rural collective economic organizations of the double management system of household contract management as the basis, the 'master' (No.8A) "is what meaning, simply understood as" household responsibility system ", to understand more farmers will be as" sub Tiandan dry". Thus, muddleheaded30Years,The socialist nature of the collective economy is almost all gone, hundreds of millions of farmers back in the China continued for thousands of years of isolated, scattered, backward individual mode of production. In the city, "from" rural experience, will be a large number of state-owned enterprises "contract" to individuals. These "personal" is often interested in the state-owned enterprises "management" bankruptcy, so a large number of state-owned assets into private property. Now.1982Years are throughout the city of the vast majority of state-owned enterprises are no longer exists. In their place is like bamboo shoots after a spring rain out of the so-called "private enterprise" -- foreign capitalists to set up a business, the first to go through the stage of the primitive accumulation of bloody, this process often tens of hundreds of years, China "private entrepreneurs" just a few years time, they dug won the "first pot of gold" from the state assets, and through the original capitalism have stock market, make the enterprise funds, the rapid expansion of the scale, the emergence of the "breathtaking jump". But this jump, it affects China system, affecting the Chinese foundation -- with the collective organization members into isolated individual farmers and workers of state-owned enterprises "laid off",1982Years of constitutional protection "the alliance of workers and peasants" is already close to collapse, the most important "nation building", basically is to cease to exist except in name.

Here, we have to study is1982Years of the constitution plays a role in this process.

The first thing that happens is power under the leadership of the Communist Party -- which of course and cancelled gradually weakened1975Second years of constitutional dedicated"The Communist Party is the core of leadership of the whole China China people "( related contents in the preface in, but not obvious) and more leadership to restore the president. At the same time, the people's democratic dictatorship force is also gradually weakened -- it and1982The partially deprived the people's democratic rights, the people working people grass-roots direct excluded from the political power (only indirectly "represented") on. In this way, the public sector of the economy foundation of socialism began to lose the state protects -- which of course and1982To encourage the development of private economy in constitution. In this way, farmers and workers laid off it is unavoidable, the collapse of the alliance of workers and peasants has become a large probability events, inevitably so, National Foundation began to waver. While1982Years after the constitutional amendment, it is those who officially announced that were destroyed, no longer exists the reactionary class, consciously misinterpret some vague concept and wrong views, the constitution legislation, legal coat for his encroachment of the state-owned assets, to provide a legal basis for the shake the foundation of the national behavior. So we can say,1982Defects in the constitution of the years, shake China has just set up a few years, still need to be stable socialist system, plays a negative role in promoting.

Here need more in-depth discussion of the people's democratic dictatorship question already involved. The insertion of this discussion, because there are many claiming to be Marx's person, only know that the dictatorship of the proletariat and the people's democratic dictatorship is synonymous with, do not know the people's democratic dictatorship is itself a new constitution and polity, the dictatorship is narrowly understood as simply refers to the state machine -- legal system, police, army violence, professional organizations; it seems the dictatorship of the proletariat and the traditional private ownership countries in the form of exactly the same, but for a name, for some executives, so Chinese can all copy foreign constitutional forms. This kind of understanding is very wrong. At that time the Communist Party leaders presided over the highest level of development of this constitution, there is clearly the wrong understanding. They are not clear, the two rule -- the dictatorship of the bourgeoisie and the people's democratic dictatorship is different -- in the form of: the people's democratic dictatorship is the grassroots people widely involved, (1975It embodies this point, including the public security system, must accept the supervision of the masses,"The people's courts at various levels are responsible and report on its work to the people's congresses at the corresponding levels and its permanent body","The prosecution and trial of cases, allWe must implement the mass line "); butPrivate ownership of national dictatorship, such as America, without exception, do not allow the grassroots labor the masses to participate in the national management, management functions completely by a few full-time personnel control, must have the condition of professional management functions primarily to be rich; terminology of complicated procedures and obscure and exclusion of ordinary working people in the outside, in short by money, is a kind of operation and services in the money, decadent, monopoly bourgeois dictatorship. In short: the people's democratic dictatorship people represented in the dictatorship of the bourgeoisie; exclusion of people, it is the difference between the two biggest dictatorship form. Because of this fundamental difference, so the two under the dictatorship of the state system --"Position of each social class in the country"The regime -- "The regime's forms "(two as defined in the" new democracy ", Mao Zedong) were all different. Since the people's democratic dictatorship itself is a broad popular participation in the new constitution and polity, so for the Western Constitutionalism Faction's constitutional pattern, in both form and content can be used for reference, there is almost no copy place. Conversely, the people's democratic dictatorship form once change, will inevitably affect the substantive content.1954The western constitutional trace is obvious, but it is based on private ownership of the constitution.1982The form to appear1954The tendency of Western Constitution -- close, also inevitable tendency to move closer to the substantive content of capitalism. This is the ultimate cause of Zhang Qianfan the American constitutional and political experts out of bourgeois constitutional position to notice and to be praised. He will no doubt hope dictatorship China completely westernized constitutional -- a monopoly bourgeoisie of the masses of the people, one percent to ninety-nine percent of the dictatorship of the proletariat. So he must be thoroughly negative1975Years of socialist constitution.

Because of this, we have studied the necessary link state actually occurred1982Effects of the revision of the constitution of the people's democratic dictatorship.

1982In the "constitution of the people's spirit" and discussed the people's power and authority of the section, cancelled"The worker peasant soldier representative for the main("1975Years of constitution third) qualifications, also cancelled contains"Da Ming, large discharge, debate, posters, is a new form of the creation of masses of socialist revolution.The state security of the people using this form "in terms of the content(1975Years constitution article thirteenth).

In this way, the highest authority in the Chinese representatives of the people, the people of China most working people that the worker peasant soldier representative may not accounted for the majority, they can only be represented, -- that claim to be "on behalf of the people," a small number of people "on behalf of". At the same time, use the"Da Ming, large discharge, debate, big "provisions have been canceled. This means that the working people in grassroots again to make the application of the "big four", will not getNational Security (legal protection, security, etc.). To use"Speech, publication, assembly, association, parade, demonstration of freedom"Power, there are many conditions. Such as economic conditions is limited in the basic common laborers published their comments through the freedom of the press (in short, no money out, thus deprived of speech), the opposite,The "big four" the Democratic weapon is the low cost of weapons, any oneOrdinary workers are ready for use, the freedom of speech, the first real human political life history, rather than American that money and political environment of rich people can speak one's mind freely poor without speak false freedom of speech.

Therefore, the two to cancel, damage and compression of the China people's democratic rights, to a large extent, equivalent to the deprivation of working people's democratic weapon. The Chinese state government -- the people's democratic dictatorship will cause negative effect.

Look again at the thirty year practice results: at present, the highest authority in the Chinese -- on behalf of the people's Congress, and representatives of smaller proportion, the remaining number of only a few percent, also most was the director, grass-roots private enterprise boss -- i.e.1954Said its "capitalist class"Occupied. Synchronization with this is, on behalf of the people's Congress, government officials, experts and scholars, the proportion is more and more big, many of them were later history proved that the corrupt officials, traitor, traitor, returnees elite -- alias "fifth column", as a result, the Chinese democratic politics, of course, is a backwards. The possibility has become a reality

The above relates only to the Democratic Politics -- the people's democratic dictatorship of the form and content of China, in1982Years in the constitution, there are some other backward, not one one listed here. Make a list of backward case, is just to illustrate, the Constitution does exist certain defects, in order to derive how to deal with the problem, the constitution.

The following will focus on that, why despite the setback, resulting in some defect, I still continue to emphasize: This is a good constitution, is a socialist constitution?

On the one hand, we extract, prove that the basic principles of the constitution, general spirit is socialism. Using these correct principles, can counter some hostile forces on the constitution of certain terms, part of the contents of the malicious misinterpret, make new, correct understanding. Even the existence of local error, also can be in accordance with the general principle of right to regulate, description and correction, avoid causing new errors, causing a greater loss to the country and the people; on the other hand,1982The current Constitution -- is a lot of regulations is Chinese now the implementation of the "root" (published a revised several times, with the constitution as the basis, to do a large number of legislation, not detail).1975Years of constitutional rule with1982Published, constitution has been abolished, that is1982Constitutional instead, currently only as a theoretical basis, to be the reference in jurisprudence, cannot become the direct legal basis. Therefore this part1982The socialist principle of constitution, there is the broad masses of the people. Only can bundle all the existing laws is the most important weapon, can be used to fight against any violation of the laws and regulations of socialist principles. The masses of working people in the near future, no doubt should be familiar with this weapon, including its defects. Because of the need to use this weapon time is approaching.

Recently, the General Secretary Xi Jinping all walks of life in the capital announced the thirty Anniversary Memorial constitution implementation meeting, made important speech, especially points out:"Any organization or individual, may have beyond the constitutional and legal privileges. All activities that violate the Constitution and laws, must be investigated."-- this can be summarized as,"All the unconstitutional act must be investigated".

So, over the past thirty years have been what major unconstitutional act must be investigated?

The most important is,1982The spirit and principles of socialist constitution in was wantonly trampled, socialist public ownership has been greatly weakened, in accordance with the"The public ownership as the main body "," distribution according to work as the main body "the subject position has significantly reduced to a subordinate position, private ownership," distribution according to capital "," the right "into" subject";1982Years is countrywide state-owned enterprises, has been greatly small private enterprises instead of; a large number of state-owned assets loss, not only into the hands Chinese private boss, also an alarming amount, continuous, long time to go abroad; the people's democratic rightsBe seriously weakened; the foundation of a country "the alliance of workers and peasants" collapse.

Behind this kind of phenomenon, all exist unconstitutional act very serious -- a serious violation of the constitution of the socialist principles.

""Of course we investigate unconstitutional act shall be subject to the most serious violation of the Constitution -- that is a serious violation of the principles of socialism, will Chinese into capitalism abyss; in order to China society gradually, fully restored in the socialist system (including the people's democratic political principles) and realistic foundation. To do this, any other unconstitutional act are relatively easy to be held accountable. First of all, not completely investigated these major violation of socialist principles of behavior, or only for some small fish and shrimp, leave behind the capital predators; or just in some parts of the economy circle, avoid relates to development and political issues,1982The year of the constitution"Socialist public property is sacred and inviolate"ItWill become an empty promise,"Investigate unconstitutional act"AlsoWill become an empty promise. If you want to truly thorough investigating unconstitutional act, it is necessary to thirty years all the legislation (diplomatic, commercial, banking, securities trading, various administrative regulations) unconstitutional, some major cases traced its legal loopholes and source, workload and amazing, so, if you do not follow the mass line, not the broad masses of the people support and participate in, with only a few politicians personal power, to finish this difficult job, is simply not possible. But because this is Chinese people eager to return to the socialist system Chinese most convenient way, you can get China masses support.

Thus, the General Secretary Xi Jinping said"All the unconstitutional act must be investigated "this sentence component how important! To practice this sentence, the difficulties faced by more than people think!

So far, the vast majority of people China, do not understand this sentence component, also do not know to practice this sentence is how difficult. Summarized the difficulty here, simply, thirty years of entrenched! But first encountered the difficulty lies not in the size of the workload, so heavy. But in the west, "the constitutional faction" law system leader from the education system starting, operating for many years, has a step by step in China formed a "climate". Exceeded the number of students they teach10Million (of course, these students is not all "Constitutionalism Faction"), many of which have been party identity, and into Chinese judicial system or government agency positions; could be said to be the first to the media as ferocious, constantly and openly display their arms around political demands of Western constitutional law, and "support each other", "Baotuan heating", by "building momentum," "stalker", showed a strong attack tendency. There are patriots will appear China political environment of this special "groups" vividly described as "law party". They have a program -- some clauses in the constitution of the west is their program; organized alumni gatherings, micro-blog --,QQGroup, is their public organization; a propaganda tool -- the southern weekend for a class of control the traitorous traitors by the western media is their propaganda tool; they have funds -- USA planted various funds in Chinese provides funds for their. Only one point, the group for some strategy, not yet claimed to have found a party, but that is just one name, there is not much difference in its nature and a political party.

At present Chinese legal and media resources, a considerable part of it lies in the hands of "legal party". But in fact, "legal party" is not terrible, -- Li Zhuang people, including Zhang Qianfan, are nothing more than the actor, a clown, to remove these vermin is not big. So many people fear, feel difficult to cope with is "large group of legal party" background -- due to manipulation of unconstitutional legislation has a vested interest. This group resources, power, the same striking; its long history, but also hidden deep, complicated and difficult to deal with various relations, extremely complex -- travel overseas financial oligarchy, anti Chinese government, some of the country's intelligence bureau, bureau of investigation, the spy organization, involving some government officials in China, some Communist Party leaders and their children. As for the unconstitutional act will inevitably touch "legal party" behind the vested interest group's economic interests, the General Secretary Xi Jinping extremely elegant and valuable one sentence, will certainly caused a strong vibration in the dark group. They want to undermine, design block is inevitable, "investigate" the implementation of, will encounter great resistance, but also can imagine:

"The law party" up front, behind a very large interest groups "anti gun, stab in the back". This situation has many similarities and the Eight Power Allied forces invaded Chinese hundred years ago when the state: when is the outside look at fiercely as a tiger does the Eight Power Allied forces armed, with foreign spies, missionaries like fan the flames, create disturbances are similar -- the western missionaries with Western religions gathered disciples, aggression China cultural practices and now "law party" open the spread of Western constitutional politics almost formed a sect of the state; and when the minister known only in corruption and bribery, rather than one, the Boxer Movement to help the foreign invaders to suppress the people spontaneously formed, also refused to give up vested interest, being a traitor, and now this Chinese certain government officials for corruption handle pinch in foreigners hands, to hire oneself out to help the imperialists to suppress the reflection, China social bottom working people return to socialism, "common prosperity" for a person with breadth of vision, blocked a patriotic speech network channels, and those corrupt officials in the Qing government suppressed the people behavior really can be said to be run in the same groove.

But now, outside of the "new eight Power Allied forces" entirely behind the scenes, covert operations, command Chinese "legal party" and.

"The party is in law" be most willing toReceptionPlay the Muppet characters, the direct cause,There are many unconstitutional laws, regulations, rules, regulations, they had concocted out of. Once traced up, backbone understood, so can only throw the helve after the hatchet, do the last fight. But the key is behind the huge interest group -- to the huge economic interests, they will go to all lengths, fought against. Public praise, behind the shot put; is people face to face, is behind the ghost -- in the next period of time, all the human world schemes and intrigues, political scandal, ghost trick, as long as it is beneficial to achieve their goals, are likely to cast out, let a person impossible to guard against -- and therefore, can be expected, the future will be unprecedented fierce struggle.This is the General Secretary Xi Jinping "hold all the unconstitutional act"The biggest obstacle to face.

"For all the unconstitutional act"! -- this sentence weight is too heavy!

But now almost all the leftist leader did not fully understand the meaning of this sentence.There are those who want to return to socialism, undivided attention on "common prosperity" road of the masses of working people, can only be buried in the survival of the struggle, perhaps has not heard of this sentence. But those interest groups were pushed to the front of the stage "legal party than labour", people are much more sensitive.

They certainly know "investigate unconstitutional act" meaning.

Chongqing black, had told them, as long as the Communist Party to rely on the masses of the people, have the power to destroy their will still keep going by painstaking effort thirty years woven into the "black screen", break them and political chaos, seized power in a dream. This lets them traitors, pain in the heart. So, "legal" party leader and the disciples and followers collective jumped out, and they associate oneself with undesirable elements using the media, think through a flaw in the process of capturing the black (no defects is concoctive fact, lies, making "flaw"), with the "procedural justice" as a kind of weapon, tapping one point, not the rest, in an attempt to completely negate the significance of the black Chongqing, Bo Xilai.

But in my opinion, judging from Zhang Qianfan's recent performances, "sally forth in full strength to legal party", Demons and monsters danced like mad., have plenty of fight in sb., against Chongqing, in addition to punish someone as a warning to others, is also quite a number of diversionary taste, its real aim is not entirely in Chongqing, and in Beijing.

There are three months time, Chinese new people's Congress -- the twelfth people's Congress will be held in Beijing, which may involve constitutional issues. Therefore, the "big man law party" and behind them within the party, including overseas financial oligarchs, political group, the real target, in addition to China government posts, is China Constitution: if the constitutional amendment "success", the thirty years in the Chinese engage in privatization achieved "achievements" the curing down, and then complete overthrow the socialist system and political goal Chinese hidden writing China constitution, roads Chinese regression the emergence of socialism great obstacles -- a variety of legal obstacles, rather than a procedural obstacles. People should be forced to break through the legal obstacles, face is only the police and the army, the real enemy is immensely proud to stand beside the stand, laughing at how you fratricidal fighting, but unscathed. Once they successful constitutional amendment, Xi Jinping "held unconstitutional act" on the basis of lost, or completely changed taste, may have failed completely.

Judging from the current situation, "legal party", is indeed a great hidden trouble China current political life. To fight and vested interest group, of course without first and "legal party" ". Xi Jinping "held unconstitutional act", also will be "legal party" open blocked. The revision of the constitution as they wish, should be their main goals recently.

Due to the current situation of Xi Jinping, unlikely to harness the power of the masses, to take a similar line of action -- after all, Bo Xilai some leaders are still on the stage. If after three months, in the government after the change, the situation is still no change, and the constitution to the bad direction do change again, then, everything is still the same forever just under the "system" in circles like before, elite still firmly hold the "democracy" and "media" -- in order to play the rich with money in command of the "freedom of speech", working people's real freedom of speech to be killed, the masses of the people more difficult to participate in the China democracy. This state continued, "legal party" finally showed no signs of it crumble, Xi Jinping is likely to have been "making law party" and "rope" bound hand and foot (like the Soviet Union, several anti Gorbachev split the Union before the Communist Party leaders, government officials, want to use military means to stop Gorbachev. Split, and always consider is unconstitutional, the president authorized, trembling with fear, be bound hands and feet, just because the tanks crushed a few young people into disarray, was finally Yeltsin stepped in, was completely failed, so), and before long, "legal party" of the plot they can all succeed. The masses of the people and to break the law of new manufacturing in the constitution, a very difficult.

This indicates that, maybe in ten years, in term of Xi Jinping, socialist public ownership in the China is likely to be wiped out, the people's democratic dictatorship China may also be completely bureaucratic comprador bourgeoisie fascist dictatorship substitution. By then,1975For years the constitution "the peace of four" democratic weapon will naturally failure, quit the stage of history.

But Chinese people could not forget once in Chinese be in power, a feeling of exaltation upon fulfillment of the day -- although only a short few years, but already imprint is engraved on my heart., because that several years have told China people, public ownership of socialism is not only a beautiful myth, can become a living reality.

So China people never give up the socialist road, always like a dog tail, humiliating life. In this way, the armed seizure of power is the only option for Chinese people's revival of socialism. Thereafter there will be a screen that can be avoided, should not appear very, very tragic scene.

Ten years is not long, most people under the age of sixty are still alive, may be able to see the kind of tragic situation: a broken, fratricidal fighting, become destitute and homeless, the alien invasion, the country, everywhere, shed blood like water....... But why must we wait for that day?

So, please be sure to pay attention to, in front of this period of time, will try to take some time to spend some effort to research Chinese constitution, familiar with Chinese constitution, do not wait until the "legal party" and Western "Constitutionalism Faction"Within the party with some agents, as they wish successful constitutional amendment, then everything on the socialist revolution will be put on the cloak of legitimacy, people will completely lose the constitution this most important weapon, and then to return to socialism will be very difficult, or even bleed; "common prosperity" in a long period of time will become China people's nightmare.

It has been very urgent, only three months time to prepare!