New democracy, socialism and Internationalism:

Revaluation1954Years of constitution

Liu Shanying

 

 

Abstract:Mao Zedong and the Central Committee of the Communist Party abandoned the new democratic nature of the "common program", the direct reason decided to draft a new constitution that Stalin's constitutional proposals. Stalin's constitutional proposals had been accepted, in alliance with the bourgeoisie and with the Soviet Union, between the new democracy and internationalism, balance with the Soviet Union and internationalism. Formulate1954In constitution, is a key step from multi-party coalition government to the one party government. The new constitution is not the new democratic nature and belongs to the socialist type, that Mao Zedong changed the original idea, decided to advance to socialism transition. Due to the lack of theoretical preparation and the governance of the country the necessary knowledge, experience, Mao Zedong and the Central Committee of the Communist Party for the understanding of socialism, is based on the Soviet model of superstition,1954Constitutional confirmed this knowledge and be anxious for success is not mature attitude. Then the left leaning mistake foreshadowed.

Key word:The common programme,1954In constitution, the pattern of the Soviet Union, Stalin, Mao Zedong

 

One, the problem

1953Years1Month1Day, "people's Daily" editorial put on New Year's Day "to meet the great task in 1953":

1953 came. In 1953 made three great tasks to the people of the whole country: first, continue to strengthen the Korean War, for greater success; second, the first five year plan the implementation of national construction, completed and exceeded one nine five three annual construction plan; third, to convene the National People's Congress, the constitution, the national construction plan.

Obviously, this editorial is the embodiment of the intention of the CPC Central Committee leadership. The problem is, in the "common program" as temporary constitution just over three years, and work well, no one on the public objection circumstances, why should the National People's Congress meeting in advance, to replace the existing political consultative conference, and proposed by the newly elected national people's Congress passed the new formal the Constitution (i.e.1954In Constitution -- the author note), to replace the "common program"? Mao Zedong in1953Years1Month13At the twentieth meeting of the Central People's Government Committee in the speech, why do the "according to":

According to oneAHand, is "common program" provisions of the. In three years, the mainland's military action has ended, the land reform has been basically completed, each people have organized national elections, held working conditions are ripe.[1]

What say here "provisions of the common programme" refers to the "common program" provisions of article twelfth:

The people's Republic of China 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 people's congresses at various levels by the people's method produced by universal suffrage. The people's congresses elected people's governments at all levels.[II]

To understand the "common program" Twelfth literal meaning, be without rebuke, consistent with the requirements of democratic politics. The question is, why put forward at this time to "common program" Twelfth? At this time for its "common program" twelfth, what is the adherence to the "common program" or deviation? It is suspected of deviated from the political consensus between the "common program" for the political subject?

"The common program" clearly identified: "China people's Political Consultative Conference representative of the will of the people, declared the establishment of the people's Republic of China, the organization of the people's own central government." Since it has been identified in advance "Political Consultative Conference on behalf of the national will of the people", why in just three years later, that the conference can't seem to "represent the will of the Chinese people", people's congresses and must be a bottom-up, be inopportune or inappropriate new constitution as a "common program"?

Than the "common program" as early as two days through the "China people's Political Consultative Conference Organization Law" sixth stipulates: "all the people's Political Consultative Conference China conference, held once every three years, convened by the national committee." Provisions of the "once every three years the meeting", the obvious meaning is a meeting more than a political consultative conference. If the various political factions in the people's Political Consultative Conference knew in advance that the "implementation of the National People's Congress the power" of the Chinese people's Political Consultative Conference can only exercise three years this power, they will then be most willing to support the leadership of the Communist Party of China dance for joy, to participate in the Chinese people's Political Consultative Conference, provides the legal basis for the establishment of the new regime, to prove that the new regime is "deputies to the National People"?

Therefore, before the end of the Chinese people's Political Consultative Conference "represents the will of the Chinese people" historical mission, ahead of the end of the "common program" as temporary constitution status, class basis in advance from the people's democratic dictatorship[3]The Communist Party, Chinese might fall into the deviation from the original political contract. Before the conference was held, with Democrats to ask Mao Zedong playing mahjong is like playing the "uniform" still love playing "peace", Mao Zedong said love playing "peace", "and the like". This seemingly entertainment a question and answer, in fact, not playing mahjong, but to test new Chinese Mao Zedong want to establish whether the establishment of a "uniform" China communist one party system of government, or the establishment of a "peaceful" combined with the other party coalition government party school. Only the "peace", make the most of the democratic parties and democratic personages in the new government to be formed, the Communist Party of China to get the support of most democratic parties and democratic personages. If only rely on military action to defeat Jiang Jieshi government, the win also is only a military victory, did not prove to be the people's recognition and the common aspiration of the people, can not prove that the Communist Party of Chinese for military actions of the Jiang Jieshi administration's represent the opinion of "have no felling". So, in addition to Chinese Communist Party achieved military struggle, also must obtain a political victory, defeat opponents in politics. A critical step in the Jiang Jieshi administration, is the same for democratic parties and democratic personages on their side. Democratic parties and democratic personages stands on either side, to a great extent, represents the public stands on either side. In a certain sense, who won the democratic parties and democratic personages, who will win the public opinion and political legitimacy.

Therefore, the Communist Party of China and the Kuomintang military struggle in outside, also began to fight for the democratic parties and democratic personages.1948Years4Month30The CPC Central Committee issued a "memorial day," five one "Labor Day Slogan", one of the fifth call: "the democratic parties, people's organizations, the community leaders, promptly convene a Political Consultative Conference, discuss and implement called the people's Congress, the establishment of a democratic coalition government."[4]According to the law, the CPC Central Committee's "five one" call the CPPCC was held, the democratic coalition government, and Mao Zedong said "peace", is a political offer to take the matter seriously. Democratic parties and democratic personages in response to the "five one" call, made a statement, in succession from overseas to the control of the Communist Party of the Kuomintang, Jiefang District, to participate in the Chinese people's Political Consultative Conference, is the democratic parties and democratic personages of the CPC Central Committee "five one" offer political commitment and practice, proves that the contract is established and the actual performance of the contract, the official text the political contract is1949Years9Month29The common programme based on the Political Consultative Conference of the "". Now the new China has just set up a little more than three years, the Chinese people's Political Consultative Conference opened just a session of Central Committee of Communist Party of China, put forward to make the election, open the National People's Congress, make a new constitution to replace the "common program", the Is it right? Will let the human have the trust of the people, stood up in the democratic parties and democratic personages from all walks of life to guess, is not to be burn the bridge after crossing it doubts? The Central Committee of the Communist Party and how to explain?

This is one aspect of the problem, namely the "common program" in the provisions of the law, whether can, a political contract basis for the formulation of a new constitution.

The second aspects, namely, hold a national election whether conditions are mature problem. Mao Zedong thought, military operations had ended, the land reform has been basically completed, people from all walks of life have been organized, this is the three prerequisites do national elections. These three prerequisites have legal basis? Seem to be. According to the "common program" in the fourth paragraph fourteenth: "where in the military action has been completely finished, the land reform has been completely implemented, each people have been fully organization, shall hold general election is held, the local people's congress." Visible, the three conditions of Mao Zedong said is according to the "common program" fourteenth paragraph fourth. However, the Mao Zedong said "conditions are ripe" and "common program" fourteenth paragraph fourth careful comparison, can be found, "common program" provisions "held a local people's Congress" conditions, Mao Zedong, graft and transplant, became "do the election work conditions are ripe". "Common program" provisions are "local", Mao Zedong said is "the national". Writing is the difference between the two words, the specific connotation is the distance of a thousand miles. So, Mao Zedong said "conditions are ripe" no clear legal basis.

Mao Zedong's speech is careless, or to the "misunderstanding"? From the objective situation at that time, China the weak economic recovery just walking on road with countries America world number one power of the Korean War underway, who wins, is to continue to fight or make peace, there is no final conclusion. Mao Zedong still1952Years12Month20Day to Volunteer Army Party committee issued a "Central Committee on prepare all the necessary conditions and resolutely smash the enemy landing instructions" Adventure[⑤]. Also, Taiwan has not yet been liberated, Southeast situation not steady,1952Years12Month28Days of Mao Zedong has issued a "Central Committee and Central Military Commission on strengthening anti enemy attack Fujian coastal instructions"[6]. The world is far from tranquil, and even can be said that, the country was in danger, who can guarantee that USA war only in Korea, but not on the mainland China launched against? Chinese intervention in the Korean War slogan is "to protect our homes and defend our country". In this situation, how can the country like a bystander General Ban Taiping's national election? There must be some other reason.

The third aspect of the problem, do national election, held in the National People's Congress, is bound to abolish the "common program", ending its historical mission, and replaced by the new constitution? It is self-evident, the Constitution requires a National People's Congress held National People's Congress, but not necessarily the Constitution can not be. Otherwise, the National People's Congress held once a year, not every year to the Constitution? To go a step further, even held a national election, held the National People's Congress, "common program" can't adjust the social, economic, and political relations? "Common program" Is it right? Coexistence with the National People's Congress is not in harmony? If there are some conflicts between the two places, Is it right?, through local modifications to make them compatible, like the Constitution? To the outside of the question, to sum up, there are four main points: one, what is done according to? Two, do this have what effect? Three, it may have, there's no difficulty? Four, do this to some parties, class, group Is it right? Advantage?[7]

In addition to the Democratic Party in the Republic, thousands on thousands of ordinary people is an urgent need to develop a new constitution? Historically, at that period of history, what the constitution, there is no concept, not to mention the initiative, generally require a constitution.[8]

For the analysis of the above aspects, a conclusion can be drawn: the end of "common program" historical mission at the time, replaced by a new constitution, not fully, can open reason. Public reason, if the balance to the facts and law, also is not established, people apparently did not put forward to make the constitution calls.

So Is it right? Internal Communist Party produced strong to abolish the "common program", a new constitution requirements? The policies of the Communist Party of China, spirit, file transmission, has always been differentiated. Some words are suitable for the party, some words are suitable for the party to speak. On the outside to speak, for Huang Yanpei and the party representative personage, and with outside the general public speaking, but there is a difference. Within the party, also the scope, level[9]. Then, the CPC how to treat the "common program" in the historical period, Is it right? Desperately want to abolish it? From the party high level leaders of inner speech, as1952Years10Before Liu Shaoji's visit to the Soviet Union, it is not abolished the "common program" idea, instead is the requirement of Party members and cadres, the bourgeoisie to comply with the "common program".

1950Years6Month6Day, Deng Xiaoping in the Communist Party of China Chongqing second conference to criticize those who do not study and apply the "common program" members: "unfortunately today, just some Communist Party members do not use the common programme not learning. People outside the party the common programme by heart, can copiously quote authoritative works when discussing work and policy,, full reasoning. And some of our party members often do not know what to open, and some even finally took to be savage and absurd."[⑩]

1952Years6Month19Day, Zhou Enlai in the United Front Department of the CPC Central Committee meeting of the National United Front Department conference speech pointed out: "the bourgeois into what look like? Is to enable them to act in accordance with the provisions of the "common program", to be suitable for the new democratic economy, suitable for the new democratic political requirements, suitable for the new democratic culture requirements....... Reconstruction results, will make them go on "common program" provisions of the orbit."[11]

1952Years9Month5Day, Mao Zedong in reply to Huang Yanpei in a speech said: "as a class (refers to bourgeois -- the author note), at the present stage, we should only be instructed them to accept the leadership of the working class, or accept the common programme, but not the limit."[12]

Visible from above, from the "by Mao Zedong to reply to Huang Yanpei stop when the common programme", whether it is from the objective situation is subjective, whether it is from the party decision-making layer or to the Democrats outside the party, so that ordinary people, none of them put forward to replace the "common program" to the new constitutional requirements. Or, even if there is, also did not rise to a leading requirements. But why can over a period of time is very short, "people's Daily" New Year's Day editorial that the people's Political Consultative Conference and the common programme "in the past is absolutely necessary and completed the transition history task approach, is not suitable for the needs of the construction period now"[13]?

Apparently, published in the new year before the society in the "people's Daily", the Central Committee of the Communist Party has made a new constitution decision.1952Years12Month24The first day, the Standing Committee of the CPPCC National Committee held its forty-third meeting, discussion of CPC1953The convening of the National People's Congress and people's congresses proposal. On behalf of the CPC on the proposed Zhou Enlai explained. He said: "according to the provisions of the common programme", China's political system is the people's Congress system. In the new China was first established, in the National People's Congress meeting conditions are not available, the CPPCC plenary session by the implementation of the National People's Congress authority; in place, by the local people's Congress on behalf of the people's Congress authority. Now, the conditions are ripe, in order to adapt to the new era of national task, must meet the National People's Congress and the local people's congresses. Therefore, the proposal by the National Committee of the CPPCC, to the Central People's Government Committee proposed, in the1953The convening of the National People's Congress and the local people's congresses at various levels, and begin the process of drafting the electoral law and the draft constitution and other preparatory work.[14]

From the "common program" into the constitution, change in the Liu Shaoji visited the Soviet union.

 

Two, the new constitution and the "common program" Moscow round

The Central Committee of Communist Party of China to change the original idea, suggestion immediately convened the National People's Congress enacted a new constitution, the decisive factor is Stalin's advice, or is indicative of[15]. Zhou Enlai at the forty-third session of the Standing Committee of the CPPCC National Committee on speech,1953Years "people's Daily" New Year's Day editorial, Mao Zedong speech at the twentieth session of the Council of the Central People's Government on the surface, is the reason, is the central had decided after receiving Stalin suggests looking for reasons inside, otherwise cannot explain this kind of sudden change.

1952Years10In August, Liu Shaoji rate of the CPC delegation to attend the nineteen, in accordance with the requirements of Mao Zedong, in20By letter to the Stalin of a few problems "request", on the convening of the National People's Congress and the constitution, Liu Shaoji wrote in a letter:

Chinese people's Political Consultative Conference at the first meeting1949Years later, for three years, recently have held second meetings. And if in the plenary session of the second CPPCC has not held, it should be in the next year or until later years held the first National People's congress.. Because people's Political Consultative Conference in the country has very good letter [reputation], all the democratic parties are willing to hold the people's Political Consultative Conference, not actively request the convening of the National People's Congress, the national election preparations are also some not, therefore, we consider the plenary session of the second CPPCC convened next year between spring and summer, while the National People's Congress in three years to hold onto.

In Chinese the party constitution of the problem put forward. Of course, if the constitution should be held the National People's congress. But in the Chinese whether or not to rush to the Constitution also can consider. Because a common programme China already, and it among the masses in all segments have good prestige, in the transition period to the common programme is the fundamental law of a country can be passable. If in the current constitution, its most especially on the relationship between bourgeois and petty bourgeois or to repeat the common programme, what basically does not change in the name, but the provisions of the form and the common programme to change it. Therefore, we consider whether the transition period can temporarily not in the constitution at present, with the common programme instead of the constitution, the common programme can be amended in the previous CPPCC plenary meeting or the National People's Congress, to be China current class relations have changed after the basic, China after entering the socialist, again making the constitution. And then we basically can develop a socialist constitution.[16]

From the contents of Liu Shaoji in the letter, Mao Zedong's view: one, now do not have held a plenary session of the second National People's Congress, but the Chinese people's Political Consultative Conference held, if you want to open the National People's Congress, three years more appropriate. Secondly, good prestige among the masses in the common programme in each class, no need to draw up a constitution; even held a National People's Congress, did not need to draw up a new constitution, the abolition of the common programme, but can be modified on the common programme. Thirdly, after entering the socialist Chinese, then make a socialist constitution. In other words, after entering the socialist before, China can always apply the common programme.

Can say, this is the most real intention of Mao Zedong, Liu Shaoji et al. Look at the people's Political Consultative Conference, the National People's Congress, the common programme and the new constitution. With the previous Mao Zedong, Zhou Enlai in public speaking be quite different, opposite conception. Here, in no way reflects the so-called "conditions are ripe", "must be held in the National People's Congress and the local people's congresses", "and begin the process of drafting the electoral law and the draft constitution and other preparatory work" intentions. On the contrary, Mao Zedong, Liu Shaoji wanted to keep the "common program", in the transition phase "common program", until after the Chinese into socialism, and then consider the development of socialist constitution.

Stalin related to Liu Shaoji in a letter how to react?10Month26Day, Liu Shaoji to "Mao Zedong and central" telegram, report the details of the meeting with Stalin:

He said: if you are not ready, the National People's Congress may not hold, and the Chinese people's Political Consultative conference. But the Chinese people's Political Consultative Conference is not elected by the people, this is a disadvantage, on the outside, if someone tries to attack at this point, people will not know....... He agreed to our plan to prepare the constitution.[17]

Stalin agreed with Mao Zedong, Liu Shaoji et al. But Liu Shaoji in the Telegraph said "Stalin agreed to our plan to prepare the constitution", the exact meaning of Is it right? Agreed with Mao Zedong, Liu Shaoji said after entering the socialist constitution, Liu Shaoji could not be determined.10Month28Day, Liu Shaoji put forward the constitutional issues in the talks with Stalin:

I asked Comrade Stalin should be prepared by the constitution, is refers to the socialist nature of the Constitution? His answer: not. I said that at this stage of the constitution.[18]

It seems that Liu Shaoji was wrong. This let Liu Shaoji feel very difficult to accept, Liu Shaoji tried to adhere to the previous position, explaining the necessity to apply the common programme to Stalin:

In the common programme at the beginning of time, people had doubts about whether we really want to implement the common programme, but three years we really implement the common programme, therefore the common programme among the people and parties Zhongwei letter is very good. If the Constitution in the next two or three years, is bound to repeat the common programme, acknowledge the property and exploitation of labor capitalist legal. But after seven or eight years, we have to nationalize the venture capitalists, to develop the socialist nature of the constitution, seem to be some not good.[19]

Liu Shaoji's interpretation of no effect, but to "Comrade Stalin said a long words, and insisted his views":

If you don't make the constitution, no election, the enemy can be used two statements for propaganda against you to the masses of workers and Peasants: one is that your government is not elected by the people; the two is that your country is not the constitution. The CPPCC is not elected by the people, they may say your regime is established in the bayonets, self styled. In addition, through Congress the common programme is not elected by the people, but by the party put forward, other political parties agreed to things, people can also say that your country is not legal. You should (Chinese enemy and foreign enemies) take away these weapons, not to give them these excuses.[20]

It is difficult to understand Stalin's idea, put forward by Stalin is actually the legitimacy of a form. At the time of the China, the coalition government under the leadership of the CPC also no one mentioned the legitimacy. Precisely because it is combined with the parties, so in essence, to solve the "public opinion" and legitimate questions. People on the "common program" identification degree is very high also, Liu Shaoji was repeatedly explain. Don't have to have a vote, and then a constitution, in order to avoid being "legal attack the enemy"? Then, the constitution is a what kind of constitution? Stalin said he agreed with Liu Shaoji "mentioned in the letter of opinions with the common programme changes to the constitution".[21]The context, the meaning of Stalin is very clear, is to the Communist Party of China held a national elections, a new constitution, the validity of the packaging of the organs of political power and the "common program", so that they can "take these weapons" from the enemy, in order to avoid the "enemy" of the attack.

More concern is, Stalin also make every move only after mature deliberation suggestion by the election results to the Soviet style one party system of Government: "if people are the result of the election, elected members of the Communist Party majority, you can organize a party government. The other party voted in the election, but you in the organization of the government can give the other party to favor, it is better for you."[22]

Although Stalin in the conversation has repeatedly claimed that "I don't know about China situation"[23], "I am not familiar with Chinese situation"[24], but he still "my opinion to tell you"[25]. In Stalin's strong insistence, Liu Shaoji retreated from the original position, said: "in the1954Year of election and the constitution, I think there is no special difficulties"[26].

Thus, within the time of a many month, the CPC Central Committee changed the original intention, and not at the time Chinese political, economic, social situation has changed what mutations, but Stalin's "advice" and "stick" to the CPC Central Committee to the political turning, decided to1953The convening of the National People's congress. The latest edition of "the history of the Communist Party of Chinese" second volumes that the CPC Central Committee changed the original intention is to accept Stalin's proposal.[27]However, on this point, the Central Committee of the Communist Party was not to say a word, but in other reasons to explain the social.

 

Three, "on the people's democratic dictatorship", "common program"

The union of the two balance and tilt

According to the traditional view, Mao Zedong in1949Years6Month30Published "on the people's democratic dictatorship" of the people's Republic of China founding documents, it discusses the nature of the state of new China is established, and discusses the new regime must be based on and the petty bourgeoisie, national bourgeoisie's united front -- that is the basis of the alliance, is a united front. The proletariat regime is not alone. The structure form of government is a coalition government, but not like the Soviet Union, the establishment of Communist Party government. The new democratic political system that is Mao Zedong thought. "On the people's democratic dictatorship" laid the theoretical foundation for the formulation of the "common program".

The academic circles ignore "on the people's democratic dictatorship" as another important part of the programme, namely -- and the socialist camp headed by the Soviet Union design the foreign policy in the coming new China the alliance. If with the bourgeois alliance is the home of the united front and the Soviet Union, so the alliance can be said to be the international united front of the new China. With the Soviet bloc alliance, can acquire new Chinese needed to secure international environment, and the Soviet Union camp in all aspects in the new Chinese assistance and support. Therefore, Mao Zedong in "on the people's democratic dictatorship" clear expression of the two union:

Up to now, Chinese people have gained the main and basic experience, this is two things: (a) in China, arousing the masses of the people. This is the unity of the working class, peasant class city, the petty bourgeoisie and the national bourgeoisie, under the leadership of the working class, to form a united front in China, and thus to the establishment of the people's democratic dictatorship led by the working class and based on the worker peasant alliance of the country; (two) in foreign countries, and waiting for the world to the nation I and people of all countries, the common struggle. This is combined with the Soviet Union, and the people's democracies, together with other countries of the proletariat and the broad masses of the people, formed the United Front international.[28]

And Mao Zedong in "on the people's democratic dictatorship" to publicly show that the new China foreign policy "one-sided" to the Soviet Camp at the same time, the number second, Liu Shaoji is a secret visit the Soviet Union, establish the Sino Soviet Alliance with Stalin about the matter. In foreign policy, Liu Shaoji put forward the four principles, the article (two) said: "in the international affairs and the Soviet Union and the new democracies stand in a new, against the danger of war, to safeguard world peace and democracy"[29]On the relations between the two parties, Liu Shaoji relayed the Mao Zedong and the Central Committee of the Communist Party's opinion:

Comrade Mao Zedong and the Central Committee of the Communist Party is this understanding: namely the Communist Party of the Soviet Union is the world communist movement command, and the Communist Party is just a front army headquarters. According to local interests to the interests of the world, we decided to the Communist Party of the Soviet union...... At some point, if the party and the Communist Party of the Soviet Union dispute, our CPC our opinions in the note, ready to obey and resolutely implement the decision of the Communist Party of the Soviet union.[30]

After Stalin rejected the words, Liu Shaoji second days this cable Mao zedong. Mao Zedong complex Liu Shaoji, still insisted that this was "a really need not form need disposition or attitude, the disposition or attitude, do not take any written resolution or recording, but should not be announced to the inside and outside the party. So, you and Stalin and the horse brother to discuss, if they think it is necessary, you can undo the notion of text from the written report, but we actually do so, in order to facilitate the development of the Communist movement."[31]

"On the people's democratic dictatorship" as the two domestic and international alliances are written into the "common program". On the Sino Soviet Alliance wrote in the "common program" twelfth, stipulates: "the people's Republic of China and all the world peace loving countries and peoples, freedom, first of all with the Soviet Union, the people's democracies and the oppressed nationalities, standing in the international camp of peace and democracy party, jointly oppose imperialist aggression, to protect the lasting peace of the world."

Before and after the founding of a period of time, between two domestic and international alliance, the first consideration is to consolidate and the Democratic Alliance, because only in this way, only the most democratic party unity on the side, rather than by the Kuomintang to the past, in order to provide political advantage and legitimacy in China to build. As for the Sino Soviet Alliance, must to the founding of the United Democratic Party as the premise. No power in hand, he signed with the Soviet Union alliance between the two countries? Another aspect, before the liberation, has twenty-two years of experience in armed struggle, this is the advantage, while in the governance of the country is inferior. Armed struggle is taking a forces besieged city road, the road of the Communist Party of China rural work, the decision to launch the handy, but for the city work especially big city such as Shanghai, Tianjin, is a confused, even.1949Years of Liberation Army siege of Shanghai, The enemy approached the walls. for several months, but the Shanghai occupation be uncertain, the reason is that the occupation of Shanghai City, because of the lack of management experience, can not guarantee600For the million people. In view of this, the CPC had to change seven second plenary session on the main contradiction Chinese society after the seizure of power is the contradiction between the proletariat and the bourgeoisie of the judgment, advocate the use of capitalism, to the bourgeois, otherwise unable to manage large city. Liu Shaoji to the investigation, in order to guarantee a smooth take over the city, to ensure market supply, to avoid layoffs and shoot the Communist Party of China, pointed out that it is necessary to appease the bourgeoisie, the Bourgeoisie "meritorious exploitation".1950In the Third Plenary Session of the seven CPC explicitly proposed in the city "do not hit out in all directions," to be eased in some respects, concessions.

During this period, the domestic and the bourgeois alliance with international Sino Soviet Alliance, the two are balanced in the balance basically, the focus is slightly biased and bourgeois coalition. But since the outbreak of the Korean War, Chinese war, the union of the two balance will have to tilt the Soviet Union greatly. The military forces in the face of modern equipment, Chinese us, absolutely no chance of May, only rely on the assistance of the Soviet union. The China troops reached between China and the Soviet Union, the Soviet weapons and equipment conditions. Sudan also provided air cover for Chinese forces, while protecting the Beijing, Tianjin and other important city against American air attack. In the economy, Chinese is to start the first five year plan and construction, one of the most important projects almost entirely by the Soviet Union to provide capital, technology and expert support. The construction of the Korean War and the first five year plan, greatly enhance the Chinese dependence on the Soviet union. "To the Soviet Union to study" has become the only can choose new Chinese construction road, "Soviet model" or "Stalin model" inevitably fully transplanted to Chinese construction, and then to Chinese future development road of hidden trouble.

Stalin has tried four times to put forward the suggestions or instructions "". The first is Liu Shaoji in1949Years of secret visit to the Soviet Union, the second is Mao Zedong in1950Years to visit the Soviet Union, the third, four time is1952Liu Shaoji visited the Soviet Union is the two time that Stalin mentioned. Afford much food for thought is, Mao Zedong and the Central Committee of the Communist Party of Stalin's two previous proposals without obvious negative feedback, to. But in the1952Years, Mao Zedong, Liu Shaoji adhere to the "common program" failed, finally had to change their mind to accept Stalin's proposal that the constitution, in between the two allies and desire for balance lost, but from the bourgeoisie in favor of Stalin and the Soviet Union, from the "common program" to the new constitution, from the domestic league to Sino Soviet Alliance, from nationalism toward internationalism.

Chauvinism tendency of Stalin and other Soviet leaders also affect the decision, let the decision to abandon the "common program", a new constitution important factors. Soviet leaders thought in the monopoly advantage in the interpretation of Marxism Leninism, be opinionated "center of world revolution", skeptical of Mao Zedong put forward the new democratic theory and the people's democratic dictatorship, the Chinese coalition government in an American democratic parties and democratic personages express doubt, suspicion of Mao Zedong's "second Tito", is a nationalist, rather than an internationalist.1949Years12Month, accompanied by Mao Zedong to sue the Soviet embassy general counsel Kovalyov submitted "on a number of policy of the CPC Central Committee and the practical problems of" report to Stalin, said the CPC someone dear beautiful against the Soviet Union, the Central People's government, Democrats accounted for a large proportion of. That China does not rely on the working class, but with special respect to the bourgeoisie[32]. In order to obtain the recognition and support, Mao Zedong had to follow the Soviet Moscow that he was guided by the road internationalist. Accordingly, Mao Zedong and the Central Committee of the Communist Party had to from the new democracy and the people's democratic dictatorship stand back. Mao Zedong complain in reviewing this history: "under pressure from Stalin, engage in Northeast and Xinjiang two spheres of influence, the four joint venture." "What the brothers, just say, is actually his party, the cat and mouse party."[33]"Stalin loves to put on airs"[34]. "Why was I asked Stalin to send a scholar to see my article? Is it right? I do not confidence, have to ask you to see even the article? No matter what? No, please have a look you to Chinese, China is really the Marx doctrine, the Marx doctrine or half-genuine and half-sham."[35]

At the time of the environment, judge Marx's criterion is whether it meets the "Soviet model"; what is the internationalist rather than Tito type nationalists? The evaluation criterion is whether listening to "Soviet elder brother". In order to seek Stalin's trust and deepen this trust, Mao Zedong and the Central Committee of the Communist Party must make all kinds of gestures showed that consistent with the Soviet union. If Liu Shaoji1949Years of secret visit to the Soviet Union, including some bourgeois democratic personage restraint on the Stalin coalition government China, when1952Liu Shaoji again visited the Soviet Union, the Stalin coalition government for China already impatient:

Your present government is a coalition government, therefore, the government not only to one party is responsible for, and shall be liable to the other party. So, it is very difficult to protect state secrets....... The other parties, the government responsible to the other party, the national important problems can not be with the other party to the other party, a lot of people are related and common, they know, equal to the Anglo American know.[36]

Stalin wants to prevent the "leakage" as the reason, cut off the possibility of Chinese and common, to ensure Chinese completely on the Soviet side. Stalin suggested: "if people are the result of the election, elected members of the Communist Party majority, you can organize a party government....... The party lost the election in the election, you should not make the United Front was broken, you should continue to work together with them in the economic."[37]Stalin tried to clean up the Anglo American dear in the coalition government and bourgeois democratic personage out through the election, the coalition government into one party government, the Sino Soviet Alliance out of the CPC and the democratic parties alliance. Or more precisely, the CPC and the democratic parties Pro Anglo American alliance only stay in the economic level, the political will to almost can not influence the Sino Soviet allies to weaken.

This is Stalin's repeated four times, keep on carving "advice" of the Communist Party of China hold elections, held the National People's Congress, the key reason for the constitution. Even the "common program" among the people and the party "prestige is good", even "the constitutional nature is a crude product"[38], even if it's just "the common programme changes to the constitution"[39], even "bound to repeat the common programme"[40]Stalin, the plan is to repair the constitution of the path along the cliff, absolute guarantee of the dark side of the Chen Bin station in the Soviet union. Stalin's advice led directly to the rapid change of the CPC Central Committee and the original Mao Zedong, decided the constitution. This reason, is not convenient to discuss the issue, people see is disclosed that can.

Analysis of Stalin's intention, there is no real constitution is not important, whether the constitution about people's rights, also not be considered. The constitution is not a weapon, a so-called enemy "can say you no national law" weapon. The Constitution can "take these weapons from the enemy, don't give them these excuses". So what is the enemy in the pick up these weapons and excuse, not to Chinese constitution initiated condemnation? No one else, only Stalin. He said the enemy would pick up weapons and excuse, the enemy does not pick up, Stalin is always hold not to put, "insisted his views". In this way, "on the people's democratic dictatorship", "common program" in the design of the balance between the two allies, inevitable tendency of the Soviet side.

 

Four, the general line of the transition period in the Constitution

According to Stalin's suggestion, constitution is the "common program" directly into the constitution, is "the constitution", is a "crude product". The Central Committee of the Communist Party to accept Stalin's proposal, decided to1953The convening of the National People's Congress, the constitution. According to the ideas of the original Mao Zedong et al., "common program" is the nature of new democracy, the constitution granted is new democratic nature.

However, the ultimate truth is, Mao Zedong Thought: "our constitution is of a socialist type."[41]Liu Shaoji pointed out that the "report" on the draft constitution of the people's Republic of China: "this is the socialist constitution, and not to the bourgeois constitution."[42]In a new democratic society[43]But, by and the implementation of a socialist constitution, seems to stultify oneself. This kind of contradiction is how to produce?

The National People's Congress of the CPC Central Committee held in decision, shortly after the constitution,1953Years3Month5Day, Stalin suddenly died. The "common program" directly into urgent psychological pressure of the new constitution, Mao Zedong once come to nothing in the heart. Not open the National People's Congress, whether a new constitution, at least not imminent. So, the three tasks of new year's Day editorial in people's Daily said of the task, also seems to be no need to complete the. History is just such display,1953Years is not held by the National People's Congress, a new constitution work. About the Korean War, Mao Zedong hoped to make the war to continue. But lost the support of Stalin, the Soviet leader of group opinion and Western and new, and preoccupied with internal affairs, the Korean affairs began to turn to the armistice negotiations. In the interior, the consolidation of party unity, clean up Gao Gang, Rao Shushi group inner party struggle.1953Years is a very important thing is the idea of the transition to socialism surfaced and put into practice, put forward the general line for the transition period. Obviously, the general line for the transition period is not in the original1953The three major tasks of list.

The specific content of the general line for the transition period is:

From the founding of the people's Republic of China, the basic completion of socialist transformation, this is a transitional period. The general line in the transition period and the total task, is in a fairly long period of time, gradually realize the socialist industrialization of the country, and gradually realize the agriculture, handicraft industry and the socialist transformation of capitalist industry and commerce to the state. This general line is a beacon illuminating all our work, the work left him, will lead to right or "left" errors.[44]
    The general line for the transition period is referred to as "a change", namely the three transformation of industrialization and. Industrialization is the development of productive forces, the three transformation is the transformation of production relations. The general line for the transition period, marking the historical development of new China occurs ahead of the steering. The original idea of a new democratic society development stage, adjusted to the historical stage of the transition to socialism. The original idea10To15Years after the beginning of the transition to socialism, adjusted for10To15Years (about three five year plan period) completion of the socialist transformation[45]. Obviously, a National People's Congress and the constitution basic withdrew1953History of years, while the general line for the transition period strong intervention1953Years of work arrangements, and rise to the "Lighthouse" illuminate our work, or work out it would make a mistake.

So, also need to develop a "at this stage of the constitution"? The constitution of course need to develop, because the constitution of the task has been to the community informed through various channels. Although Stalin died, the constitution recommendations into Stalin's wishes. Because of the socialist camp careers, Mao Zedong must inherit the legacy of Stalin, which is conducive to the consolidation of Mao Zedong, promotion and the role and position of the CPC in the socialist camp. However, in Mao Zedong's heart, this time to the constitution, is not originally conceived the "common program" into the constitution, as a "rough" constitution, but a part of the general line of the transition period, the constitution of the constitution. The total line is a beacon, a new constitution should follow the beacon how-to direction. So before a constitution is a new democratic constitution, a constitution is the "constitution of the socialist type". The two constitution are also planned in the1954The constitution, but the nature of the two has changed fundamentally.

Literally, the general line for the transition period include the development of productive forces, but also including the transformation of production relations, but in the understanding and implementation of the actual, the focus is on the socialist transformation. The essence of "Party's general line in the transition period, is the production of socialist ownership becomes our country and only social economic foundation."[46]"What is socialism, mainly to see the ownership."[47]However, even if the general line for the transition period is to eliminate private ownership as the "essence", but in the historical period, as long as the socialist transformation is not complete, China society is still new democracy. The1954Years of the constitution referred to as China's first socialist constitution, it is with socialism future coat, set in the new democratic social torso.

From Marx's point of view, the general line for the transition period the ownership transformation as a substantial change of the social nature, does not meet the basic ideas of productive forces decide the relations of production. Not implemented in industrialization, even without the productivity, still remain in the small peasant economy level, we carried out the socialist transformation on such a basis, to build socialism in the base of small-scale peasant economy, is established on the socialist misunderstanding, it is not a kind of metaphysics, there has been little into populist socialist mire suspicion.

Through the above analysis we can know, in Is it right? Formulation1954This year the constitution, Stalin played a key role. In the1954It will become a kind of what kind of constitution of this issue, Mao Zedong plays a decisive role. Stalin's idea is to directly to the "common program" into the constitution, the Constitution in the ownership problem is still a new democratic constitution. Mao Zedong in the ownership of the constitution to socialist.1954The nature of the constitution is not socialism, precisely, it is the China society to the socialist constitution, is the socialist revolutionary constitution, is a revolutionary constitution. If the essence of Stalin's suggestion is the "common program" constitution, Mao Zedong initially accepted Stalin's proposal is to accept Stalin's proposal, then1953The general line of the transition period after years, Mao Zedong is discarded substance -- "common program" proposed by Stalin, and the general line for the transition period to be replaced. The problem is proposed to Stalin, it was the inspiration for the Mao zedong. If there is no Stalin's advice, even Mao Zedong in1953Put forward the general line for the transition period, nor will the constitution, the constitution of the general line for the transition period. The maximum possible is completed in the socialist transformation has been completed, after the socialist, to establish a socialist constitution.

If the proposal is accepted Stalin's two league scales tend to the Soviet Union's results, is a product of inter state relations and inter party relations, Mao Zedong is passive and outside political force to draw distance, retreat from the coalition government's position. So,1954Finally made the constitution, is the pursuit of Mao Zedong advance into the socialist results, the pursuit of the Communist Party and the party will dilute the bourgeois political power links, the coalition government has started ahead of disintegration process. The train was for the "common program" constitution and start, but in the end is loaded on the general line for the transition period. Although the final content of the Constitution and Stalin's proposal, but Stalin borrow the Constitution and the implementation of the one party government is part of the implementation of the recommendations. In the1954The new government of, still retained the combined form of government. Just outside the party who has been from the vice president and vice premier of the State Council standing down, this is a key step towards one party government.

 

Five, the conclusion

1954The constitution is the two year the United Front between the two allies tilt the balance of the product. Stalin's advice led directly to the1954Making process in the constitution. Start the constitutional process is the influence of Stalin the great nation chauvinism factors, but more important reason is that the Korean War, the first five year plan construction started to strengthen the new factors such as Chinese dependence for the Soviet Union, the Central Committee of Communist Party of China Mao Zedong and had to make a choice and ultimately choose to tend to the Sino Soviet Alliance between China and Soviet Union in the coalition government alliance, replace the "common program" to the new constitution.1954It has become a "socialist" constitution, rather than the new democratic constitution, is to change the original idea of Mao Zedong, pre start the socialist transformation, the socialist transition.1954Years of the constitution is actually endorse the constitution as the general line for the transition period. Because it is a transition, so it is contradictory. In the1954On the one hand, "the national constitution, in accordance with the law to protect farmers from the land ownership and the ownership of means of production", on the other hand, "countries take limit and gradually eliminate kulak economy policy"; on the one hand, "the state in accordance with the law to protect the handicraftsman and other non agriculture individual worker ownership of the means of production", on the other hand, "the national guide and help the individual handicraftsman and other non - agricultural individual workers to improve the management, and encourage them to organize production according to the principle of voluntary cooperation and supply and marketing cooperative"; on the one hand, "the state in accordance with the law to protect the capitalist ownership of the means of production and other capital ownership", on the other hand, "the national to take advantage of, restriction and transformation of the policy" of capitalist industry and commerce, "gradually with ownership by the whole people instead of capitalist ownership". In a word, is the side of the protection of private ownership, while also eliminating private ownership. So, what is the private property is protected by the constitution, or eliminating private property is protected by the Constitution? Or, what is the protection of private property is unconstitutional, or eliminating private property unconstitutional? It is because of1954The relevant provisions of the constitution of the year stultify oneself, so it is difficult to play the constitution validity awkward position.

Needs to be pointed out is, Mao Zedong put forward the general line for the transition period is built on a basis of understanding to socialism on the very shallow, is the socialist construction "Soviet model" or "simple transplantation model of Stalin". The so-called Soviet model, is simply a single public ownership, planned economy and distribution according to work. Mao Zedong and the Central Committee of the Communist Party after the victory of the revolution in China how to build socialism without sufficient theoretical preparation, their preparation is the new democracy, the people's democratic dictatorship and the coalition government, rather than socialism, the dictatorship of the proletariat and the party government, they put the socialism as a distant, future events. With respect to the socialism, Mao Zedong's understanding of new democracy to be mature, but not very mature. If it is very mature, Mao Zedong and the Central Committee of the Communist Party will not easily give up the new democracy and to the transition to socialism. Now looking back, Chinese nearly thirty years in the blind toss in the very great degree is the superstition superstition Soviet model, single public ownership, planned economy and distribution according to work. Reform and opening up to bring order out of chaos, dial is a superstition Soviet model caused by out of, return to a variety of system of ownership, market economy and a variety of modes of distribution of the right track. Only in this way because it is in line with the China level of productivity development and China conditions.

The new democracy itself is a correction to "follow the path of the Russians", because from the Soviet Union, the Communist International Scientific dogmatism, the revolutionary road to find a China, nationalization of the Marx doctrine, beyond all expectations of victory in the revolution. But after coming to power, Mao Zedong and the Central Committee of the Communist Party to build the new Chinese dazed, but to the Soviet Union to ask, ask Stalin, a "learning from Soviet Union, the climax of the" wrong "to establish idea of criticism of the Liu Shaoji new democracy", head into the Soviet model in the mire. The new Chinese before thirty years of history, is largely a learning, imitation of Soviet model. The general line for the transition period, is actually a "transition to the general line of the Soviet model of socialism";1954Years of the constitution is actually confirmed "legal documents to the general line" Soviet model of socialism. So the relationship between China and the Soviet Union, from construction period to the general line for the transition period, the proposed constitution, is to take a parabola. The Communist Party of China is the starting point of the parabola, fully to the Soviet Union will follow in sb.'s footsteps, to the party's cause, bring great frustration, however, the Soviet Union was passing the buck, Chen Duxiu, Qu Qiubai, Li Lisan become suffer for the faults of another victim. Yanan period, Mao Zedong began to "explore Chinese Marx doctrine", gradually deviated from the Soviet Union dogma, summarize China revolutionary experience, confidence is presented as "new democratic heresy" theory and route[48], the victory of new democratic revolution, walked to the vertex of a parabola. But shortly after the founding of the PRC, from1952Year, because of the extreme lack of governance experience and talent, in the face of great achievements in socialist construction of the Soviet Union, Mao Zedong and the Central Committee of the Communist Party is almost impossible to have the ability to challenge the Soviet model, loss of self exploration of confidence, strengthen the learning from the Soviet Union pattern "of confidence":

Some foreign bourgeois newspapers disappointed to discover that, our country announced in our draft constitution of the road, the road is the Soviet Union "". Yes, we are walking on the road is the road, which in the US is not a bit of doubt. The road is in accordance with the law of historical development of human society is the inevitable way to. To avoid this road does not go, is not possible. We always think that Marx Lenin is a universal truth.[49]

Since the Soviet model represents the "rules" of historical development, is the "Marx Lenin" "universal truth", Chinese how can give up such a shortcut does not go, but to create a violation of the "law of historical development" China characteristic socialist road? So give up again new democracy, "follow the path of the Russians," has become the history of the development of the "inevitable". Parabolic finally returned to "follow the path of the Russians" track.

1954The constitution as a part of the general line in the transition period of the written constitution, providing a legal basis for the China are three great socialism reconstruction. Only the socialist transformation of the thing, is achieved complete victory, but is achieved through peaceful means, to write a great deal about. However, the view of historical perspective to relax a little, the general line for the transitional period to socialism is no doubt the Soviet model of socialism. A single public ownership, highly planned economy will inevitably lead to high centralization of state power and personal worship, will inevitably lead to the deprivation of farmers, will inevitably lead to the lives of the people of shortage, will inevitably lead to the loss of personal freedom and rights, contrary to the purpose of the. In fact, the new China left leaning mistake started from the general line for the transition period, rather than the usual from1957Year. Since embarked on this path, by quick mentality under the highly centralized, in the presence of errors, behind, great leap forward, the people's commune, the cultural revolution and it is very difficult to avoid. The author believed that, if Liu Shaoji can do the draft report, estimated that he is not confident that this is a representative of "rules" historical development path. If we say that "rules" of historical development, the law of historical development that is the one that reads, "this way." the four Chinese characters "". In a sense, Deng Xiaoping said to what is socialism, how to build socialism, also want to liberate a thought, its exact meaning is to free the mind from the Soviet model of socialism. Deng Xiaoping era of reform and opening up is not from the beginning of reform and a single public ownership, the height of the planned economy and highly centralized?

1954The constitution is the product of the Soviet model year superstition dogmatism and left leaning emergency. When the general line of the transition period in1954When the constitution, the original plan was10To15Years to complete the socialist transformation. By left leaning emergency, socialist transformation in1956Years of completed, Chinese became a socialist country. At the same time, the social productive forces almost without any substantive progress, socialism is not based on large-scale socialized production, but based on small-scale peasant economy. Mao Zedong socialism had criticized the populism tendency, did not think of themselves in the mentality of quick success, he became the object of their once accused. Liu Shaoji in the1954Years "on the draft constitution of the people's Republic of China in the report" laugh at those who pretend to be "left" faces[50], did not think of themselves to be mocked "Trotsky Chen Duxiu molecular".

1954The starting point of the constitution is the general line for the transition period of the constitution, which is the essence of "transition", it is normative "transition period", once the "transition" -- the completion of socialist transformation, China become a socialist society, the constitution had lost their effectiveness, that is to say1956Years of time will lose the effectiveness of the constitution,1954Constitution become the new Chinese history the shortest life a constitution. And since then has been to1975Years, nearly20Years, China has no constitutional state.1954It just shows the general line for the transition period is very important, the superstitious Soviet model copy the Soviet model is very important, can not explain the constitution is very important, otherwise, why to China20Years in the free state constitution not take it seriously? So Liu Shaoji in1967Face red guards attack out advocate the rights of the constitution, is1954Years of constitution, it is a loss of the legal effect of the constitution.

Of course.1954Constitution not historical achievements. In order to develop the constitution, must hold elections, held in the people's congresses at various levels, therefore, the fundamental political system of people's Congress system China -- from established.