The eight two constitution provided by the parties must abide by the Constitution and the law, the provisions of any party no longer as national institutions, the Party established as a key principle of the constitution under law. The Party established under law principle, is the great progress of the people's Republic of China.

   The party under law, is with respect to any party, the constitution has the supreme authority, any political party must abide by the law, did not override the constitutional and legal privileges, any party in violation of the constitution or laws, they must bear, in order to maintain the authority of the Constitution and laws.

   The party under law, emphasizes on the external constraints of the parties, any party cannot override the country, even if the party's self constraint problem, not only has the statutory election and so on mechanism for political party and its member must bear the behavior caused political responsibility, but also the party and its members, in violation of the constitution or in violation of the law, its behavior actionable.

 

Party A, under the law, the principle of the party is extremely important, but also extremely solemn commitment to the party

 

       1949Years later, the party is not under law soon by the Chinese Communist Party as a political principle, but experienced twists and turns,1980In the early 1980s in the reflected, become party principles China Communist extremely important and extremely solemn political commitment.

   (a) the relationship between the Communist Party and the constitution Chinese after 1949 the party constitution, from the point of view, there are three forms: the only party members have the obligation prescribed "strictly abide by the law"; the party in the law; the party under law as the principles and commitments

   Promulgated since the five four constitution, to the twelve closing, which in1956Years,1969Years,1973Years,1977Years and1982By the five party constitution. The first three party constitution, is after the five four constitution was promulgated, before the seven five constitution was promulgated by the.

   Eight party constitution through, the five four constitution has been promulgated and implemented for two years. But the constitution makes no mention of "constitution", there is no natural "abide by the constitution" and the expression, only stipulated the party members have the obligation to "strictly abide by...... The laws of the country". "On the revision of the party constitution report" also said: "the draft requirements, every Party member strictly abide by...... The laws of the country,...... All Party members, regardless of their position or, all without exception....... The Central Committee believes that, on any credit, any position of Party members, are not allowed to exception...... Violate the law...... Regulation, has the special significance in today." No mention of the party and the Constitution and what is the relationship between the.

   According to the Eighth Party Constitution through context, said party has the obligation to "strictly abide by...... The laws of the country ", does not mean that the party under law. There are four reasons:

    One is to obey the law, say, does not mean that contain abide by the constitution. According to the five four constitution, the Constitution and the law are two different concepts, "law" does not include "the constitution". Five four the provisions of the constitution of National People's Congress "to modify the authority of constitution" and "laws", "citizens must abide by the Constitution and the law". Visible, "said comply with national laws," is not equal to that contained in abiding by the constitution. And the Eighth Party Constitution, the drafting and adoption process, very serious, according to the "on the revision of the party constitution draft report" said, "is discussed by Party organizations in all localities and changed into", the Chinese Communist Party leader and the dominant party constitution modification, is no stranger to the five four constitution. Because33Members of the constitutional drafting committee members, public identity as a member of the Communist Party of China, have20Name, except he and Gao Gang, the rest18Per capita for eight representative, and was not elected Central Committee was elected alternate member of the Central Committee, the Standing Committee of the Political Bureau of the eight, is full of the constitution drafting committee members, and Mao Zedong is "every chapter, every day, every one of the draft constitution,...... Personally participated in the discussion." Therefore, the eight Party Constitution did not mention in the Republican Party must abide by the constitution, not negligence.

   Two, requirement Party member to abide by the laws and requirements of parties to abide by the law, requires parties abide by the Constitution and the requirements for Party members to abide by the constitution, is not the same. Because the parties in violation of the constitution or legal responsibility and accountability, and individual party members in violation of the constitution or legal responsibility and accountability are related but not identical. This is a company law, not only let the staff responsibility as the top.

   Three, although the party members have the obligation that the eight "strictly abide by...... The laws of the country ", but because the country is not effective judicial system and political system, to ensure that any member of the Communist Party of China especially the leader in violation of any law can be accountability, so for general Party leaders and the implementation of its instructions, is only a weak argument. Otherwise, the anti rightist campaign, the people's commune movement launched by the Central Committee of Communist Party of China, they did not make up.

   Four, from the1949The people's Republic of China, the seven five constitution,25Years, called "the people's Republic of China * * law" law, can be counted on one's fingers, critical code of criminal procedure, the code of civil procedure, the penal code, civil code, are lacking. Originally, the law is not perfect can strive to perfect, but during the anti rightist movement, perfect the legislation calls, also known as a rightist fallacy to suppress. For example, jurist Yang Zhaolong1957Years5Month9Published in the "Daily News" on the "important code of our country promulgated" why not, became "politics and law circles rightists fallacy". What is more,1958Years12Month20Day, the party's central political group to the Central Committee of Communist Party of China, Mao Zedong's report made clear: "criminal law, civil law, procedural law, according to the actual situation in our country, has no need to set the."

   Moreover, the CPC Central Committee1949Years2Month announced that abolishing "Six Laws", indicating the judicial work is no longer in the six laws as the basis, requirements "before the new law is not systematically release, should be based on the policies of the Communist Party and...... On the basis of". Even the times cited "evil law is not" this sentence saying Dong Biwu also said, "do not think that the new law is not complete, the old law may temporarily used"; "if all traditional old, think even reactionary law is better than no law is good, why want revolution?" So, in the old law has waste the scarce, even if you really want to "strictly abide by...... The laws of the country ", there is not much to abide by the law. This is the stronger party the right to take advantage of a weak point, provides a huge space.

   From the Anti Japanese War, to make the five four constitution, and then to the Eighth Party Constitution by the occasion, great changes have taken place Chinese Communist party.1940Liu Shaoji also said: "some people say: the Communist Party to seize power, to establish the Communist 'Party'. This is the rumors and slander a malicious." And when the five four constitution, the preface was written "in china...... Has been formed to Chinese Communist Party leadership...... The people's Democratic United front". With the rapid change in status, the law or not, will become the key factors affecting Chinese constitutional fate.

   Later people when it comes to the party in law, easy to think of the cultural revolution. In fact, the party in the law, it is not the cultural revolution of the fresh. During the cultural revolution, the constitution had already become useless, lack of legal authority. Some remarks of Communist Party leaders, can intuitively reflect this point.1957Years3Month17Days of Mao Zedong, chairman of the CPC Central Committee on strengthening the ideological and political work of school to Zhou Enlai, the letter said, "University, middle school are required to strengthen the ideological, political leadership and improve the ideological political education course,, to cut, to restore the middle school politics class, cancel Kenji<Method>Course, to make up new ideas, the political textbooks". In the1958Years8Month21One day, Liu Shaoji advocates the person said, "the law can only be service reference. Nanning eight conference, two meeting, the decisions of the Beidaihe meeting, everyone to do is law ", Mao Zedong said," the constitution is me to make, I also remember the "," each of our resolutions are law, the meeting also method". According to Professor nephew son-in-law Jiang Bikun Liu Shaoji memories, in1959Years3Month, the then chairman of the NPC Standing Committee Liu Shaoji said to him, "you young constitution making be wasted".

   The nine and ten by constitution, but the party in the law on this fact, the authority of a political party, prominently displayed.

   The two party constitution, even a "law" are not, not to mention the observance of the law or the constitution, the. But self authorized party in the country. The requirements of the party constitution, "organs of the dictatorship of the proletariat, the people's Liberation army,...... Must accept the leadership of the party "; the ten constitution says:" state organs, people's Liberation Army and the militia,...... Must accept the unified leadership of the party." And the two party constitution stipulates: "the chairman, vice chairman of the Standing Committee of the Political Bureau of the Central Committee and the leadership, set up a number of necessary competent agencies, unified treatment of party, government, Army Daily work." The ten through the "report" on the revision of the party constitution even said, "the relationships between organization level, industry, agriculture, business, science, military, politics, Party seven, party leader all, not parallel, but not the opposite".

   This fact to deviate from the principle of the sovereignty of the people. The people's Republic of China all constitutional, not in second is in article third are the same thing: "all power in the people's Republic of China belongs to the people."

   With the rapid change after the death of Mao Zedong's, "party in the law" gradually weakening, "the concept of the party under the law" is increasingly clear. Even the1977The eleven through the constitution, although still self empowerment "state organs, people's Liberation Army and militia,...... The absolute leadership of the party must accept ", but also mentioned" Chinese Communist Party members to abide by ""...... The law".

1979Years9Month9On the "CPC Central Committee on the firm assurance of criminal law and criminal procedure law, to implement the instructions", "Party organizations at all levels and all Party members, cadres, should take the lead in compliance with the law", and "from the Central Committee of the party to the grass-roots organizations, from the CPC Central Committee and chairman of every Party member, must do." This is the CPC Central Committee document put forward clearly for the first time, not all Party members must comply with the law, and the party organizations at all levels must abide by the law.

       1981Years6Month27Day, the eleven session of the six plenary session of the Central Committee of the Communist Party "Chinese agreed on certain questions in the history of the party since the founding of the resolution", further put forward: "the party organizations at all levels and other social organizations, must be in the range of constitution and laws." Clear all levels of Party organizations and other social organizations "like", is a great progress in the history of Chinese Communist party.1982Years9Month6The twelve day, and then the "activities of the party must be" in the Constitution and law into the Constitution (hereafter no matter what the party constitution amendment, this point has not been changed), while "consciously abide by...... Provisions of the state laws "as the duties of Party members. Before, the twelve report said: "the new constitution about 'activities of the party must be' in the Constitution and law regulations, is a very important principle. From the central to the local Party organizations and members, all activities are not the same to the Constitution and the law."

   Compared with eight, eleven party, twelve Party Constitution requires not only the members of the law, but also increase the regulation of the party must abide by the law. Twelve party constitution is no longer as nine, ten, eleven party constitution that empowered party in the country. In the history of Chinese Communist Party, this is the first time to form the authority, established the "party under law" which is an extremely important political principle, made "the party under law" which is an extremely important political commitment. And whether you can do it, is a matter of political credit event.

   Look at the eight Party of the Communist Party of China outside the existing rules, although the party under the law of this principle in the textual representation is slightly different, but are in the general or specific provisions for confirmation. No one party can claim on law privilege party, allowed to exist above the law of the party members. In other words, any form of party in the law phenomenon, are now all parties of the Charter, is also the commitment of all parties, draw further apart.

   (two) the China all political parties, from its articles of association, said he is established in the civil autonomy on the basis of non-governmental organizations, national institutions and non. This is from the party nature that party under law

   In reality, different political parties, have different political influence, but from the constitutional and legal point of view, they are non-governmental organizations, national institutions and non. This point, also for the party, accepted. Party folk or non government, mainly reflected in three aspects, namely, the voluntary, quit the party by party a free.

   On the Chinese Communist Party, in1949After all the years passed, in addition to1969Years,1973Years and1977No free say to three party constitution the miles, every other party constitution are very clear, a Chinese citizens join or quit the party, based on personal choice.

While the membership problem, also directly reflects the difference between the party and the state organs. The so-called "refers to the party, party to Party organizations to pay for the career of the party and the party's activities". Since the1956Since Li Department of CPC party constitution, all Party members to "pay Party membership dues". Ways of raising the funds, in forms have been affirmed by the party a party and non Party principles of the party by tax raises, underlines the party, the party organization is not not, said the national institutions, any party positions on the party who are not counted as public servants.

   It is because of these characteristics of the political parties, said that "the party masses not to issue orders left and right power of the Communist Party of China twelve big report, nor the administrative organization", it is said to accurately describe the non government of Communist Party of China folk or.

   According to the current constitution, the other party of the Communist Party of China to join the party quit the party outside the voluntary, free, the party by Party A, and also the basic principles they proclaimed. Of course, these parties and the like, nor the power organization or administrative organizations, national institutions.

 

Two, the party under law, the constitution is the eight two most important principle

 

   The party as a constitutional principle in the law, in the1949Years later also experienced thirty years of twists and turns, became the constitutional consensus, a consensus, and ultimately reflected in the eight two constitution. If each political party constitution process establishing the party under law principle is a kind of political commitment, then, the eight two Constitution Party under law established as the external constraints of all parties and mandatory requirements.

    (a) from the "common program" to the five four constitution, are not "Party established as a constitutional principle in the law"

   "Common program" by Mao Zedong called "we are the fundamental law of the state at". The preface said, "where each unit, in the people's Political Consultative Conference of the people's governments at all levels and the people should abide by". However, as for the "units" in the people's Political Consultative Conference who does not comply with what to do, whether to pursue the responsibility, to accountability, accountability procedures how to start, so these, "common program" and no provisions, and since there is no relevant laws to regulate this problem. Therefore, "all should abide by" lack of operability, stay in the slogan level.

   In fact, the "common program" authority is not respected in practice. For example,1953Years6Month15Days of Mao Zedong, chairman of the CPC Central Committee Political Bureau in the speech on the outline, there was such a:

   Some wrong views: (a) to establish the new democratic social order; (two) the transition from New Democracy to socialism; (three) to ensure that the private property.

   The "common program" is not only the preface is written, "China people's Political Consultative Conference agreed to the new democratic...... As the political basis of "the people's Republic of China, and the first one said" the people's Republic of China for the new democracy...... Country ", third said" the protection of workers, peasants, the petty bourgeoisie and the national bourgeoisie...... Private property".

   Can say, the problem in law, always exist in the "common program" period. In the "before" the common programme,1949Years2"CPC Central Committee on the abolition of the Kuomintang on the six laws and determine the principles of justice of Jiefang District instructions" announced that in the "no new laws and the policies of the Communist Party" equal law. The future is so practice. In accordance with the "common program" provisions, "state power belongs to the people. The people exercise state power organs at all levels of people's congresses and people's governments at various levels". "The Central People's Government of the people's Republic of law" to the Central People's Government Committee exercise "formulated and explained the laws of the state authority". Accordingly, such as what is the crime of criminal law provisions, the problem is what kind of punishment and so on, the Central People's Government Committee shall be to develop and explain. But,1950Years3Month18On the "CPC Central Committee on the suppression of counter revolutionary activity indicator", not only to define what is "crime", but also "capital punishment or a long prison term" and so on, is actually a political party in the promulgation of the criminal law. The same year10Month10On the "CPC Central Committee on the suppression of counter revolutionary activity indicator", not only in the "provisions are formulated as follows" with "when killed, shall be sentenced to death" and other statements, and the provisions of "the court work, should be to handle the counterrevolutionary cases as the focus". "In the sentence, the party must pass through the provincial, municipal, district Party committee and the entrusted party approved. Such as have especially important molecules, it must be reported to the Central Committee for approval."10Month19Day, public security minister Luo Ruiqing at the second National Conference on Public Security Department said, "it is party committee". Next year5Month, he in the third national public security conference said, "the movement to suppress counter revolutionaries in the Chairman Mao and the Party Central Committee under the direct command". This implies that the party in the national legislative, administrative, judicial basis set three right in one.

   And when the five four constitution, the party situation in the law, and not be changed.

   The five four constitution stipulates that citizens must abide by the Constitution and the law, the personnel of organs of state must obey the Constitution and the law, and no mention of political parties must abide by the Constitution and the law. "On the draft constitution of the people's Republic of China report" no mention of all parties including the Communist Party, abide by the Constitution and the law, but said: "the constitution is all people and all state organs must comply with the." "Chinese Communist Party members must play an exemplary role in abiding by the Constitution and all other laws."

   Mao Zedong before the five four constitution once said, "the constitution is the fundamental law". But thought-provoking is,1954Years respectively as chairman of the people's Republic of China, chairman of the National People's Congress, premier of the State Council of Mao Zedong, Liu Shaoji and Zhou Enlai, are the constitution drafting committee members, he also served as chairman of the committee drafting the constitution, but according to Mao Zedong "collection", "selected works of Mao Zedong" fifth volumes, "since the founding of new China, Mao Zedong presentation", "Zhou Enlai anthology", "selected works of Liu Shaoji", "Liu Shaoji" since the founding of the presentation, they passed in the five four constitution, can't see who publicly stressed Chinese party must abide by the constitution. Do not emphasize this consistent, I am afraid that non negligence.

    (two) from the seven five constitution to the seven or eight constitution, "the party become the core content of the Constitution in law"

   Five four different and constitution Drafting Committee, draft1970Constitution (constitution only seven five years on it slightly modified) and1978Years constitution committee, none of the non Communist Party members to participate in.

      1970CPC Central Committee established the constitution Drafting Committee, the57Members of the Communist Party is uniform, and the lowest one party posts and alternate member of the central committee. And submit a session of the five National People's congress discussion1978Years down, "is the drafting of all the comrades headed by Hua Guofeng, China Communist Party Central Committee Political Bureau of the Commission to amend the constitution".

   Five four years without a constitutional provisions mentioned "Chinese Communist Party", and the color of the Constitution and the constitution of seven five seven or eight strong, so the Chinese Communist Party in state institutions -- this is the constitution of a political party made a mandate for permanent, all written constitution in the China, this it is There was no parallel in history., in the world history of constitution is also rare.

    The scientist Wu Jialin1986In the "law" article12An article published in the said:

In the formulation of the constitution of 1954, the party organization is not state organ of this point is clear, so in addition to the preface, the Party leadership is not involved in the constitution, this paper, this approach is appropriate. But in the 1975 constitution, such provisions are everywhere, for example, the constitution has stipulated: "chairman of Central Committee of the Communist Party of China national command of the armed forces"; "the National People's Congress is in China under the leadership of the Communist Party of the highest organ of state power"; National people's Congress, "according to the Central Committee of the Communist Party of China proposal to appoint and remove the premier of the State Council and the member"; etc.. In accordance with these Provisions, the party does not become the organs of state power? But above the highest organ of state power "on organ" miles, about the known as "the highest organ of state power."!

   A total of seven five constitution30A, a6Referred to the "China Communist" preface altogether8Section, there is4"The Communist Party of China referred to in paragraph". For example, "Chinese people's Liberation Army and the militia is the leadership of the Communist Party of China army of workers and peasants" (fifteenth); "basic civil rights and obligations, support the leadership of the Communist Party of Chinese......" (twenty-sixth)

   A total of seven or eight constitution60A, a4Referred to the "China Communist Party", the total8Section, there is3"The Communist Party of China referred to in paragraph". For example, "China Communist Party is the core of leadership of the people throughout the Chinese. The working class through their own vanguard China Communist Party leadership over the state "(the first paragraph of article second);" the armed forces of the people's Republic of China by the chairman of the Central Committee of the Communist Party China command." "Chinese people's Liberation Army is the leadership of the Communist Party of China army of workers and peasants" (Nineteenth); the National People's Congress, "according to the Central Committee of the Communist Party of China proposal, decision of the State Council Prime Minister" (twenty-second); "citizen must uphold the leadership of the Communist Party of China" (fifty-sixth).

   Can say, both the seven five constitution and the seven or eight constitution, cannot be seen from the restriction mechanism and procedure Chinese Communist Party and its leaders in where. And Zhang Chunqiao1975In the "on the revision of the constitution" in the report said that "to strengthen the institutions of the state unified leadership", it is to make the party from control.

    (three) eight two party constitution will be established as a constitutional principle in the law

       1980Years9Month10Day, three session of the five National People's Congress to amend the Constitution by committee members, Xie Jianying as the chairman of the committee, deputy director of the Peng Zhenren Committee, Song Qingling.9Month15Day, announced the formal establishment of the constitutional amendment committee. Member of the Communist Party of the constitutional amendment committee member is not uniform.

    Before this, how to treat the relationship between the CPC and the Constitution and the law, have government of common concern. If1979"The Central Committee of the CCP about year resolutely ensure that criminal law, criminal procedure law to implement the instructions" request "Party organizations at all levels", including "the Central Committee of the party must observe the law", this is the party's own viewpoint to self constraint, then the NPC Standing Committee Chairman Xie Jianying, vice chairman of NPC Standing Committee Peng Zhen et al. Committee for revision before and after the establishment of speech under the constitution, and modify the committee's work in the constitution, is from the legislative level of.

   A party member is put forward under the law.1979Years, Xie Jianying in the thirty anniversary of National Day speech said, "from the party leader to each party member", "...... Everyone is equal before the law,...... Will not be allowed to override...... The law on the privilege ", and pointed out the need to" blockage careerist, conspiracy theorists can usurp...... The state power vulnerabilities". This conclusion, both to exchange and enhance the legitimacy of governance, and Mao Zedong in these countries, government agencies, military court, procuratorate does not hold any office based, and only for self1965Years1Represents the month after never held a meeting of the third National People's Congress, but he as a party leader, but can use the state power of the president, chairman of the National Defense Commission Liu Shaoji on historical lessons of death etc..

   Two is to put forward the party under law.1980Years4Month18Day, Peng Zhen in the National People's Congress Standing Committee meeting of the forum said:

Someone asked: is large, or which class Party committee secretary of the Party committee, which? Of course, is the law. No matter which class Party committee, more regardless of the responsible person, if his opinion is not in accordance with law, that is his personal opinion. Everyone must obey the law.

   Three is to put forward the party, state and don't.

      1981Years3Month7Day, Peng Zhen said: the views of the party after the highest authority approved, into law, decision of the state; otherwise, only the views of the party.

   Subsequently, the constitutional amendment Committee Deputy Secretary General Zhang Youyu in the1981"Social science," sixth years Chinese period also published an article:

   Some people ask the question: "is the method, or the party?" I think the answer should be: "method." Our country's method is to represent the will of the people, by the organs of state power set,...... Party committees at all levels and the Central Committee of the party can't abide by the law, the party organizations at all levels must be in the range of constitution and laws. If it is found that the law needs to be modified, should take the specific views of the party, and the plan, proposed the highest organ of state power of the National People's Congress or its Standing Committee amended, but not through the legal procedure, it will be put off any.

   In the1982No.3Period "Qinghai social science", Zhang Youyu has published articles, further expounds the relation between the CPC and the Constitution in the draft constitution:

   The constitution of 1975 and the 1978 constitution, written by China Communist Party to achieve proletarian leadership; to Marxism Leninism, Mao Zedong Thought as the instruction; the Party Central Committee and chairman of the national command of the armed forces; the State Council for the Central Party committee proposed the nomination. In particular the 1975 constitution has a, said the National People's Congress is the highest organ of state power in China under the leadership of the Communist party. Now a constitutional amendment to modify the terms of the above,......

   In the article, he said that the draft constitution avoids the party as a national institution:

To amend the constitution, some comrades put forward, can refer to the 1954 Constitution practice, the leadership of the party was written into the preamble; others proposed, may provide the leadership of the party in the provisions, also provides for the implementation of the party's leadership within the range of constitution and law. The draft amendment of the former type, the leadership of the party was written into the preamble, instead of writing to do so in the specific provisions,, can avoid the party as a state agency, avoiding the first two constitution appeared. The constitution of 1975 the party in the national institutions in writing, the provisions of National People's Congress is the highest organ of state power, but also stipulated that is under the leadership of the party, the party became the highest "supreme". This is obviously wrong.

   In military terms in the constitution, Zhang Youyu said the past regardless of Party and government:

   The draft of the revised "national institutions" in a chapter by writing a "section Fourth" provisions of the Central Military Commission, "the people's Republic of the Central Military Commission, led the armed forces." And the provisions of the Central Military Commission "the chairman". These Provisions, which changes the existing constitution the armed forces of the people's Republic of China by the chairman of the Central Committee of the Communist Party and government Chinese command that regardless of the circumstances......

   The framers had realized, maintaining the authority of the constitution, the key lies in the party under law.1982Years9In the same month, Peng Zhen constitutional amendment Committee Secretariat staff talk, talking about some people say the constitution is good, but will not be able to execute the question said:

Put a lot of this problem, can modify the draft statement says in the constitution. "Once bitten, twice shy of three years". We have vigilance is good, under certain conditions, a bad thing can be turned into a good thing. "Many negative things about the Great Cultural Revolution", has begun to lead to positive results. The general principles of the draft constitution, the preface is written all the party, group must take the constitution as the basic standard, any organization, individuals are not beyond the constitutional and legal privileges.

   Four is the party in violation of the Constitution and the law must be investigated. Served as the constitutional amendment Committee Deputy Secretary General Wang Hanbin recalls:

   From November 27th afternoon, five session of the five National People's Congress divided group to consider the draft amendments to the constitution....... The general political department director Liu Zhijian on behalf of the constitution, the light must obey not yet, still have to write "for all acts of violation of the constitution, must be investigated". We think, write this article is good, but do not. What am I gonna do? The ask for instructions of Comrade Peng Zhen, he said: should write....... After the study, increase the provisions of article fifth of the Constitution: "in all activities that violate the Constitution and laws, must be investigated."

   The founders' for the party to pay under law principle efforts have not been in vain, the principles embodied in the1982Years12Month4Through the constitution. The eight two constitution does not appear in a clause "China Communist", i.e. the party, the state don't, any party is not a state agency, "Party leadership" and "ruling" both connected and different: the "Party leadership", but also denied the Constitution and the seven or eight constitution that permanent seven five the ruling practice of authorized. According to the eight two constitution, obtain the ruling status, shall continue to be recognized by the statutory procedures for a session. This point, is the party principle in the law is very critical, but also on the implementation of the principle of people's sovereignty.

   And1954The only stipulates the "staff of state organs must...... Obey the Constitution and the law "(eighteenth), the eight two constitution not only in the" master "of the fifth special provisions," all state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law. All activities that violate the Constitution and laws, must be investigated." "No organization or individual may be beyond the constitutional and legal privileges", and emphasize particularly on the last paragraph of the preamble: "this constitution...... Is the fundamental law of the state, has the highest legal effect. The people of all ethnic groups, all state organs, armed forces, political parties, social organizations, enterprises and institutions, the country must take the constitution as the basic standard of conduct, and for the maintenance of the dignity of the constitution, to ensure the implementation of the constitution duties." These statements, not only establishing the party under law principles, but also to protect the constitution provisions for a party obligations, one should not shirk its responsibility.

   However, clear and implement this principle of the lack of relevant system very much, for example, to investigate all activities that violate the Constitution and laws, at least: one cannot do without the party and its members to ensure that the behavior in the mechanism with actionable, and judges must be independent of political parties in order to ensure the judicial justice; two is a clear political parties corporate identity, to establish and perfect the legal system of the party, Party activities follow the law; three is to cannot do without reform of the electoral system, people's Congress system and so on, in order to pursue the party and its members in violation of the constitution or the law of political responsibility in the system; four is to cannot do without the guarantee of freedom of speech and press, political parties and its members in order to behavior, avoid the "people" of the sharp eyes and long here.

   Nevertheless, should see the party under law this constitutional principle itself, it has laid a good foundation for the development of China constitutionalism. The cornerstone of the building, from the point of view of the process, is the Communist Party of Chinese consensus, is the consensus of the Committee for revision of the constitution, is a national discussion of consensus, but also more than 3000 NPC deputies consensus -- because the vote by the eight two constitution, issued3040A vote, only3Zhang Qiquan ticket, no one vote.

   Of course, the party constitution principle under law is one thing, to put this principle into practice, is another. But can really implement the party under law principle, is the key to can realize the constitutional democracy, the rule of law. Because if there is no party under law, there would be no constitutional democracy, will not have the rule of law, it is difficult to improve the ruling legitimacy.

                                                                                                    Published inIn 2013 fourth time magazine Yanhuang Chunqiu

                                                       (editor Wu Si)