On the party's leadership: important amendment of the Constitution in 1982

Gao Kai

Spring and Autumn Annals magazine in 2011 eighth period

　　The world is well known, the people's Republic of China is the leadership of the Communist Party of China. The leadership of the Communist Party and the people of all ethnic groups Chinese Chinese, after a long arduous and tortuous struggle, established the people's Republic of china. China Communist Party from a revolutionary party into the ruling party. So far, the Communist Party has more than the number of8000Million people, in government agencies, enterprises and institutions and social groups, Communist Party members occupy a large proportion, holds an important position. In accordance with the party constitution, Party members must perform the organization decided, therefore, as long as the leadership of a decree, the firm response, the country will also act. In this sense, the Communist Party leadership Chinese on state, in fact is without a doubt.

However, the current constitution of our country (1982Years) and no clear provisions of the state constitution by the leadership of the Communist Party of Chinese. This is why?

Some people say:"1982In the preamble to the constitution of multiple wrote Chinese Communist Party leadership, the leadership of the Communist Party is enough to prove that China constitution". The author thinks, this is a misreading of the constitution.

The preamble to the constitution is an important part of the constitution, it is mainly about the legislation passes, historical background, the purpose of legislation, but it is not the constitutional text, but a constitutional; is to explain and illustrate the constitution, guide people to the correct understanding of the constitution, in order to facilitate maintenance and application of the constitution. The preamble to the constitution of the proposed national fundamental policy, but it is not the constitution text.

In the preface of three references to "the people of all ethnic groups under the leadership of the Communist Party" Chinese China, is the language descriptive use, about the historical facts and looking to the future, and not of the law.

　　1982The years of the constitution, is divided into four chapters, the first chapter of "master", the second chapter "the fundamental rights and duties of citizens", the third chapter "national institutions", the fourth chapter "flag, national emblem, the capital", a total of138A, all using the standard legal language, this is the law. But, from the first to the last one, any clause does not appear in the "communist" one word, also there will be no natural "leadership of the Communist Party of China" regulations.

Why write this? Why is defined China the leadership of the Communist Party is not in the Constitution in the text? This is certainly not the word omission, but the older generation of Communist Party leaders and lawmakers over in one's mind results.

In order to analyze this problem, it is necessary to recall1975In constitution, the constitution is the "Cultural Revolution" period, make the leftist line rampant. It emphasizes the "continuing the revolution under the dictatorship of the proletariat," negative "that all citizens are equal before the law", to promote the party, ruling the country by the party. The constitution of a total of only30A, in its article2Article, article13Article, article15Tiao Hedi16Article, are expressly provides that "the leadership of the Communist Party of China", and even in the first26Article: "the fundamental rights and duties of citizens," first is "support the leadership of the Communist Party of China".

What is more, in the1970Years9Month6The nine day, the second plenary session of the constitution of the "draft", the text is written in "basic civil rights and obligations, support the Vice Chairman Mao and his comrades Lin, support the Communist Party China". Because soon after, Lin Biao "with broken halberds defeat," the draft these references into historical laughingstock, only in the formulation1975Constitutional to "support" Chairman Mao and Lin Biao half sentence.

The "Cultural Revolution" after the end, under the auspices of the Hua Guofeng, made a1978Years of constitution. Because of the existence of "who" thought, the law of the constitution is still in "the leadership of the Communist Party of Chinese" words, still stipulate that citizens "must adhere to the leadership of the Communist Party of Chinese".

　　1982Years after the Communist Party of China constitution is the Third Plenary Session of the eleven, cleaning up the "Cultural Revolution" error, making the ideological basis of bring order out of chaos. In the National People's Congress adopted the law not long ago,1982Years9Month, China Communist Party held its Twelfth National Congress, the meeting adopted the new party constitution, the new constitution stipulates "activities of the party must be in the range of constitution and laws". This is a very important principle, is the history of a landmark decision, the twelve major political party's report also understand that: "the party not to issue orders left and right of people power organization", "from the central to the local Party organizations and members, all activities are not the same to the Constitution and the law". The new constitution of the party presided over the drafting in Hu Qiaomu1982Years9Month13Date interview with Xinhua News Agency reporters said: "the party is the leading force in the country and the people, but it does not override the state and the people, the party is in the range of constitution and laws".

The party within the country, the party among the people, the twelfth Party Congress put the relations between the party and the country, but also put the relationship between the party organization and the masses of the people. It is in the correct guiding ideology,1982The emerge as the times require.

　　1982Years of constitution making two years ago, the National People's Congress accepted the recommendations of the CPC Central Committee established the Committee for revision of the constitution, absorption and experts, scholars from all walks of life to participate in, after serious discussion, through the draft amendment of constitution. The NPC Standing Committee announced the "draft" and the organization of public discussion, soliciting opinions from all sides, on the wisdom of the masses. At the same time, authors also attaches great importance to the legislative experience of foreign countries, the constitution was not written about "the leadership of the Communist Party of China", is refers to the foreign experience to develop.

At that time, the NPC Law Committee, was under the leadership of instructions refer to more than one hundred countries constitution, found in the world, with the exception of a few authoritarian state, no so-called "democratic" country, in the constitution state by a party or a big leadership.

"People's Republic of China" has the meaning, is the national rule by the people, by the people's common management, otherwise not worthy of being called "the people's Republic of". Citizens shall enjoy the rights prescribed by the Constitution and laws extensive democracy and freedom, but also provides the citizen must obey a party or a big leadership, it also called democracy? This is the "reverse the relationship between the owner" and "public servant". Any country in the world has the ruling party, any is in office the party to the carrying out policy, mobilize the people together to achieve the party's political ideal. However, whether the people support the ruling party, this can only be done by people's voluntary choice, and not by the legal provisions. The legitimacy of the ruling party, is Is it right? Was supported by the majority of the people, the masses of the people can choose you, also can not choose you; used for you, may not support you, support all lies in the people's voluntary. The party should improve the ruling ability, to study and propose the correct policy, task, to strengthen the link with the masses, Party members should play an exemplary role, to do the mass persuasion, enlist the support of the masses of the people, however, the decision in the hands of the people. All state power belongs to the people, must not use the law to limit the democratic rights of the people.

The Communist Party of China once Chinese revolution and construction made great contributions, enjoying great prestige among the masses, the party leader Mao Zedong had been hundreds of millions of people hailed as the "red sun never sets". But, never make a mistake in the party and the leader does not exist, "the great leap forward and the great famine" in which about thirty million people died of starvation, the "Cultural Revolution" hurt hundreds of millions of families, these are the leaders commit extremely serious mistakes. At that time, if there is a political mechanism, can resist the error is good.

After the "Cultural Revolution", the author has a lot of meetings to attend the National People's Congress, see, hear the host work Peng, Xi Zhongxun, Yang Shangkun, Peng Chong is really the central leading comrades, good thinking, discuss the lessons learned, to prevent the "error of this kind of" cultural Revolution "repeat. They told you countless times, must strengthen the socialist legal system, rule of law. That is to say, to the "rule of man", against the "ruling the country by the party".

It is the ideological basis in summing up the experience and lessons on, bring order out of chaos, revise1982In the constitution, categorically removed1975Years and1978All about "the leadership of the Communist Party of China words" constitutional text, delete the "citizen must uphold the provisions China Communist Party", the deletion of the Marx, Lenin, Mao Zedong and other personal name, no matter how great these characters, constitutional compliance is "people to" principle, refused to political parties and individuals at the national and the people. 

The new constitution provisions deleted "communist" one word, is a "political parties". As everyone knows, the Communist Party of Chinese toll a hundred times in the eight democratic parties, contribution to the country more do not know how many times larger. But China Communist Party in1982Has been included in the "year of the party constitution", which embodies the party regardless of size, are equal in legal status, but also reflects the China Communist Party does not have any special interests, all in the interests of the state and people.

After these modifications, the constitution of our country take on an altogether new aspect. In accordance with the law, the new constitution once through, the old constitution shall be abolished.1982Years12Month4Day, the fifth session of the National People's Congress passed the fifth meeting of the current constitution, on the day of promulgation. The old constitution already does not have any legal effect, but strangely, some people are still in use1975Some error language year in the constitution, whether this is extremely "left" trend "inexorably hangs on."?

General Secretary Hu Jintao to sum up the experience in said: "a party in the past does not equal the present advanced; advanced, now advanced, is not always advanced." This is a scientific summary of our party in the new generation of leaders to seek truth from facts, and1982The current constitution thought is come down in one continuous line. Our party must rely on the proper course policy, efforts to rely on all the comrades in the party, relying on the style of work hard and perseveringly, rely on the continuous reform, advancing with the times, to win the broad masses of the people consciously support, and should not attempt to use the law to the leadership of the party is fixed.

Comrade Deng Xiaoping has opposed the "ruling the country by the party", in his1941Years to write the article pointed out: "we oppose the Kuomintang party and the country's one party dictatorship, especially to oppose the Kuomintang pernicious influence spread to our party". At present, some people still insist that the Constitution stipulates "China the leadership of the Communist Party", is to use legal requirement for people must support China Communist Party, this is the "yidangzhiguo" concept.

Our country present1982It is a good constitution. However, there is a good constitution it is not equal to the constitutionalism. Peng Zhenzai1982The draft amendment to the constitution of the year "report" said: "the Communist Party of Chinese with people of all ethnic groups, with the democratic parties and people's organizations together, work together to maintain the dignity of the Constitution and ensure its implementation; he also said:" to ensure the political organization, all the people grasp the state power, become the country master ";" in law and in fact, ensure that our citizens enjoy real freedom widely". He is in many places, to be "real", "real", is to remind you to prevent some people may use "false" and "disguised" means, in the overtly or covertly, resist and violating the people's democracy, freedom and rights?