The new chairman of the board, Mr Xi said according to constitutional rule, seems to be the prelude of "rule of law". Mr. Deng's legacy "constitution" in 1982, as the Napoleon legacy is the largest of the "French civil code". Of course, Deng Xiansheng never seriously pursued his constitution, and Napoleon's "Civil Code" as the promotion of saber Napoleon to almost the whole of europe. Mr. Deng is proud of the reform and opening up, has died after 1991, since the "reform and opening" is no longer the purpose of "invigorate", "feeling the stones" goal is not the "River", but resist the democratization process of excuses, this is Mr. Deng's misfortune, but also the National tragedy. If in accordance with the constitution of the country, then today's Chinese is democracy, at least from the country into a political party own destiny.

   In 1982 the "constitution" genius is the "Party leadership" empty, just as history writing "preface" instead of "body", as the French constitution will "Declaration of human rights" as "the preface". In 1982 the "constitution" flaw is the military command of out of state authority, which at the time was to Mr. Deng behind the control of military plans, like the ancient "military events have never temporary measures to pay her award", many later amended the constitution has not been corrected. In fact, the national chairman of the Central Military Commission with authority and power, which is a complete state, accord with "international practice" is also in line with "Chinese characteristics".

    The sovereignty of the people-- "constitution" stipulates that the second"All 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", this is actually" sovereignty belongs to the people "the classic expression, agree without prior without previous consultation with the British" parliamentary sovereignty ". Only need to supplement the provisions of "those who have not been deprived of political rights according to law adult citizens belonging to people", then the legal concept of "people" and "citizens" political concept of integration.

    The party under law-- "constitution" stipulates that the fifth"All state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law", this is actually a" party under law "clearly, and the only way to Britain's" king under law ". In conformity with it, it should be promulgated "party law", clear the parties need to civil administration departments registration, the funding of political parties, Party raised by civil activities shall not violate the legal prohibition of political parties, all foreign non binding resolution. Once the party into folk organization and no longer entrenched in national law, then China also the Party of private property into the normal state.

    The protection of private property-- "constitution" stipulates that the thirteenth"The lawful private property of citizens are not violated", stating this is actually" the protection of private property "standard, namely property is protected not because it belongs to the" public "or" private property ", but because it belongs to the" legitimate "property. The corresponding should be promulgated "property law", citizens lawful private property protected by law, not according to the law and obtain the reasonable compensation should not be infringed. The protection of private property is the foundation to guarantee civil liberties, otherwise the establishment can then state the name of plunder, and a control national party can be any private property into the property and personal property of Party members and cadres.

    Market economy-- "constitution" stipulates that the fifteenth"The State practices the socialist market economy","The state strengthens economic legislation, improves macro regulation and control", indicating that the China essence of market economy is legal economy. This means that only the law expressly authorized, the government may intervene economy, that without legislative approval gamble "four trillion" or "20% transaction tax levied on" approach, obviously belong to the "abuse of administrative power". The government is just law enforcement rather than the legislature, even if the need for administrative legislation, also need the legislature delegated legislation or legislative authorization, and shall not exceed the scope of authorization legislation organ. "Five countries," the administrative organs beyond practice legal authorization exceeds the legislative power, obviously belong to the invalid of illegal behavior.

    The Democratic hearing-- "constitution" stipulates that the twenty-seventh"All state organs and functionaries must rely on the support of the people, keep in close touch with the people, listen to their opinions and suggestions, to accept the people's supervision, and strive to serve the people", which means that the state organs and their staff have the obligation to accept public supervision, listen to their opinions. Fit is promulgated "people's supervision law", a clear national legislation needs to be "poll", "administrative decision hearing to democracy", the court "people jury", so that "people's opinion" as the basis for national policy. Where the "poll" less than half of the state organs, the main responsible person should take the blame and resign; where the "poll" below the national office working personnel half, should resign. Only in this way, can guarantee that they "serve the people".

    Military state-- "constitution" stipulates that the twenty-ninth"The people's Republic of China belongs to the people's Armed ForcesAccording to the "constitution", "second"The National People's Congress and the local people's Congress is the highest organ of state power", then the armed forces of the state belongs to the people's Congress of all. Fit is promulgated "national defense law," "the people's Armed Police Law" and "people's police law", the people's Liberation Army belongs to the National People's Congress, the president as commander in chief, the Defense Department is responsible for the administrative affairs; the people's Armed Police belongs to the national people's Congress and the provinces (autonomous regions, municipalities directly under the central government) the people's Congress, by the State Council and provincial (autonomous region, municipality directly under the Central People's Government command) respectively, by the Ministry of justice and the judicial department (bureau) is responsible for administrative affairs; the people's police belonging to the National People's Congress and the provinces (autonomous regions, municipalities directly under the central government, the people's Congress), by the national Ministry of justice and the province (autonomous region municipalities directly under the central government), public security department (bureau) respectively, command, by the National Security Bureau and the local public security bureau is responsible for the administrative management. Only in this way can avoid the army became the folk organizations private armed, a threat to national sovereignty.

    Political freedom-- "constitution" stipulates that the thirty-fifth"Citizens of the people's Republic of China, published speech, assembly, association, parade, demonstration of freedom", this shows that the citizens of speech, press, assembly, association, parade, demonstration for freedom rights without any deprivation or in disguised form deprivation. American "constitution" the first amendment simply prohibited by limiting the freedom of religion, freedom of the press, freedom of assembly, freedom of petition law, the China's "constitution" regulations need to clear the citizens to exercise the power unless endanger national security, public safety or the safety of others, shall be protected by law, the government only the "registration" duty, without the "approval" of power. Once the exercise of the basic rights of citizens need government approval, the government deprives the citizens to express freedom of will, which the government into a sovereign authority from the "organs of public service for the people".

    Freedom of religion-- "constitution" stipulates that the thirty-sixth"Citizens of the people's Republic of China enjoy freedom of religious belief"This shows that free citizens to believe in, protected by the constitution, the government shall not following a law to limit or a disguised restriction on the exercise of. Citizen since have the freedom of religious belief, so religion belongs to private affairs, all religious organizations belonging to the voluntary organization, unless the endanger national security, public safety, the safety of others, shall be protected by law. This also means that whether the belief of communism theory, only private affairs, the government can not be forcibly in schools, enterprises and institutions to promote "atheism" or "theory of communism".

    Personal freedom-- "constitution" stipulates that the thirty-seventh"Citizens of the people's Republic of China enjoy freedom","Unlawful detention or deprivation or restriction of citizens in other illegal ways of personal freedom, unlawful search of the body of citizens", it indicates that only according to the legal procedure and the legal authority to execute, personal freedom is not restricted, otherwise it will belong to" illegal detention "or" illegal search ", need to undertake illegal and even criminal responsibility. In this way, the public security organ, the procuratorate, the court outside agencies or units of restriction of freedom of person, belong to "illegal detention" behavior, including Party Discipline Department "double" behavior. The party needs activities within the law, rather than the internal discipline against national law.

    The public welfare-- "constitution" stipulates that the forty-fifth"The people's Republic of China citizens in old age, illness or incapacity cases, have to obtain material assistance from the state and social rights"This shows that the public welfare, which belongs to the national and social obligations. The state provides pension, unemployment, work injury insurance, disease and private charity, has become the foundation of public welfare. Both charity or the Red Cross, all belong to the folk charitable organization, the volunteers are engaged in public welfare activities, not by government officials to intervene.

    Compulsory education-- "constitution" stipulates that the forty-sixth"Citizens of the people's Republic of China have the right and obligation to education", the compulsory education China accepted source in Prussia."". "Compulsory education" of the so-called "obligation" is not the obligation of parents, but the duty of the government, another way it is "free education". Compulsory education and freedom of religious belief is matched by school education, is to cultivate qualified citizens rather than cultivate some believers. Therefore, "civic education" instead of "the Party of education" has become the inevitable.

    To pay taxes according to law-- "constitution" stipulates that the fifty-sixth"Citizens of the people's Republic of China to pay taxes in accordance with legal obligations", this not only shows the tax belongs to the fundamental duties of citizens, also shows that the provisions of the tax law can only. Fit is promulgated "tax law", clear tax collection, determine the right defined by law. The current China 18 main tax has 16 is the State Council "illegal" collection, apparently with the "constitution" and "legislative law" in conflict. In addition, Deng Xiansheng of "policy" open "indiscriminate collection of fees" gate, should also be closed, i.e. fee outside the administrative fees will be abolished, so as to avoid the administrative organ oversteps legislative power.

    The constitution supervision-- "constitution" stipulates that the sixty-seventh Standing Committee of the National People's Congress exercises"To interpret the constitution, supervise the enforcement of the Constitution"Authority, this also means that the Standing Committee of the National People's Congress is the Constitutional Council China"". In view of the Standing Committee of the National People's Congress to the professional knowledge of legal recognition of the National People's Congress and its Standing Committee law "unconstitutional", therefore can compromise, issued "interpretation of the Constitution Law", by the Supreme People's court to explain the constitution, the Standing Committee of the national people's Congress, the Supreme People's court "interpretation of the proposal" what the law constitution, declared "unconstitutional" null and void.

    Democratic election-- "constitution" stipulates that the ninety-seventh"Province, municipality directly under the central government, districts of the city by the people's congresses at the next level people's Congress election; the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, the town of representatives elected directly by voters", this shows that" below the county level direct election "belongs to the" constitutional obligations". With suitable should be "the province tube county", "the city tube Town", which in addition to the provincial capital (capital) city, deputy provincial city, cancellation of units at the level of cities under the jurisdiction of, so "democratic election" also can get into the vice provincial units. In accordance with the "election law" is issued, the candidates recommended by the political parties in half, half the voters have recommended, this is actually a "German pattern" of a kind of follow.

    The independence of the judiciary-- "constitution" stipulates that the 126th"The people's court in accordance with the law to exercise judicial power independently, not by administrative organs, social groups and individuals", the independent trial belongs to" people's court "basic rights. In conformity with it, should be promulgated "people's court", a local court do not belong to each other are provided directly to the Supreme People's court, on the other hand, the trial court judge in charge of implementing regulations, the former avoids independent trial court by interference, which judges become judicial body. Of course, the president has the right to treason, malfeasance crime amnesty, so as to avoid the "court tyranny".  

   The author's words: the political legacy of Mr. Deng in fact than many people imagine to be more abundant, if in 1982 the "constitution" thanks to implement, Chinese is a democratic country. To make a "constitutional" effective rather than a mere scrap of paper, the key is to ensure that the citizens' right of litigation and court trial power. On the one hand to reduce litigation threshold (court only review the form of the case, cancel the administrative disputes, personal injury, small debt, labor disputes, the constitution litigation costs), on the other hand, need to expand the court authority (police court decision, the court decided the punishment light crime criminal arrest, labor disputes, labor court the administrative court decision of administrative behavior includes the administrative legislation is reasonable and legal, the Supreme People's court decides whether the national legislation in violation of the Constitution), so as to ensure the law from the ravages of series of national fear.