In order to implement the provisions of the constitution of the people's Congress system, we need to carry out the election

Reporter: how do we activate the Constitution on the paper, make it really become the jack? The current constitution in which the system is to implement, to promote the reform of the present?
Zhang Qianfan: to re start the political reform, can not rely on the constitution of these provisions. Mencius said "the law alone is not enough". The Constitution itself is not life, don't let yourself get out.
To make the Constitution be implemented, some precondition in the political need. To clarify the ruling party's functions and powers of the highest structure; the leader must have the will to reform, to give up some inappropriate power, to implement the democracy within the party. The reform must be from the party started, gradually began to practise democracy. Basic level party organization, the township party organization, the village Party branch can implement the party election. Now the party's leaders at all levels is the dominant one, there will be the rule of man, corruption and other issues. Like a thin hee's problem is this.
To implement the provisions of the constitution of the system, the first is to implement the constitutional system of the National People's Congress, the National People's Congress to carry out democratic election on real significance. The democratic election of a not up, county, Township People's Congress, the village committee, the owners committee, the neighborhood of these grassroots democracy can first make up. Grassroots voter reform is the most fundamental driving force.

Reporter: the constitution, the National People's Congress is the highest organ of state power, all state power belongs to the people, the people exercise power authority is the National People's Congress and local people's congresses at all levels. But in reality, the good provisions and the constitution of ordinary people feel distant. Do you think, how to achieve the right to the people? What are the current people's Congress system improved space?
Zhang Qianfan: why didn't the people's Congress system is effectively implemented, because we have two sets of the highest authority is the National People's Congress, a provision of the constitution, is a process in the actual operation of the ruling party. The ruling party if people really run and it for the right, don't let it play an effective role. For example, in 2011 the local people's Congress election, many positive independent candidates later disappear from the scene, it is because we are the organization system is not to let them play a role.
The provisions of the constitution of people's Congress is a bottom-up, first by the grassroots voters elect Township People's Congress, then in the county people's Congress, the Municipal People's Congress, the provincial people's Congress election, the final selection of the National People's congress. But in the actual operation process, the ruling party is top-down, is down from a superior command, it overwhelms the bottom-up, let the bottom-up not what the play space. Let's play a role in the bottom-up, the ruling party to decentralization, relax control, stop the organization of the intervention, the intervention is unconstitutional.
Of course, the current system of the National People's Congress in the design of the system is to be improved, such as the National People's Congress is too large, nearly three thousand delegates, every year, so a few days, people's Congress not full-time, etc..

No democratic power is dictatorial powers
Reporter: do you think the event conflicts and group of present Chinese society growing, many from "evil law". What is your definition of "evil law"? How to prevent the "draconian" generation?
Zhang Qianfan: "evil law" and "law" is the dividing standard of public interest, "law" is to promote public interest law, "evil law" is a violation of public interests, it can protect vested interest, help vested interest to grab the public interest. For example, the previous "city demolition Ordinance", to allow the government to the people of the house, this is a bad law typical. The previous "custody and repatriation regulations", it back into the police rent-seeking, blackmail and impose exactions on tool.
Why there are so evil? The key is the people's Congress as the legislative bodies, not really play a role. Like the "removal regulations" city, it through expropriation law a citizen, the regulations to the abolition of the State Council. The provisions of the constitution of our country power belongs to the people, and the people's Congress is the people exercise power mechanism. To ensure that the grass-roots direct election to the legislature, truly representative of the people. The National People's Congress is not as a key channel, people through the law to safeguard their own rights and interests is lost. Lead to national law in actual operation there are many is a violation of the interests of the people, some legislation seems to represent the interests of the people, but in the actual process to implement. To prevent the "evil", let the people's Congress system really run, playing its constitutional role.

Reporter: the current Constitution clearly stipulates that China adopted the "rule of law", the administrative organ must according to law. But in reality, but often appear ultra vires event, event of tort. How to change this kind of administrative power, administrative monopoly dominant mode, to realize the rule of law?
Zhang Qianfan: This goes back to the democratization of the China. Because there is no democracy, no democratic power is dictatorial powers. The role of the NPC did not play, no people to supervise administrative, administrative nor congress elected, but in turn, by the administration to decide people's Congress. So what are the executive said to calculate, it how to monitor yourself? We must break the structure, let the voters to elect deputies to the NPC, the chief executive of your own.

Judicial independence should be the judge's independence
Reporter: in our constitution, judicial organs by the National People's Congress, responsible to it, subject to its supervision. In reality, the judicial organs of people, property, property subject to administrative organs. To promote the Chinese judicial reform, realize the judicial independence, how to straighten out the relationship between the National People's Congress, judicial organs and administrative power?
Zhang Qianfan: on the basis of current mode, the central and local governments, administrative and parliamentary model is more complex, but the legal relationship is very simple, is the independent!
Now the judicial independent two reasons, one is I think the constitution provisions in this regard is not enough, the only such court cannot accept interference, did not tell the judge cannot accept interference. On the other hand, the Constitution provides for the independence of the court, but in reality this point out is not enough. If the mayor of a phone call to the Dean, Dean of the case, how can a fair trial?
The independence of the judiciary must be truly independent, be the judges independence. Dean, the president cannot judge independent judicial intervention. To a lot of internal control to abolish the court trial, the judge, like the committee is divided into various grades and ranks in various competitions, etc.. The judge promotion can watch the performance and not see a case rate, difficult, the court can open discussion, but also is only for reference, not for the judge to the case.
Judicial independence is the independence of the judges. The hearing procedure and the judgment to supervise it. Now the judicial corruption is very severe, in addition to administrative intervention, the biggest problem is that justice does not open. Above the intermediate court should open judgment, so as to prevent corruption, improve the quality of decision. At the same time, improve the system to prevent corruption in the judiciary. I believe that through these measures the quality of China justice can be.

The two or three elections, Chinese elections will be on the right track
Reporter: I noticed that you have in this highly affirmed the significance of the Wukan incident. Some people think that, China grassroots quality is low, the democratic consciousness, democratic election is not suitable for a one person one vote. What do you think? So China and suitable for what kind of election?
Zhang Qianfan: in a relationship to the vital interests of the people of a reform. The village people, their land is the most have a say in how he. Its democracy is small, but it is a success, of course, there are some limitations, but this is not because the quality is not high. But in the process of their adults met great resistance, let their democratic discount.
Our current election has faded completely meaningless election, voters not to participate in the practice of leading political ability, you will not improve, in this case that voters quality is low, not suitable for the election, there is no reason. In accordance with the provisions of the constitution, the constitution is the trust of the people quality, believing that they are the quality of the elections at the basic level. Sun Zhongshan in the beginning of the Republic of China began to engage in the political tutelage, he believed that people at least have the ability to choose their village, county magistrate. Hu Shi 'twenty said, democracy is not an abstract thing, democracy is our exercise in the course of the exercise of democratic rights. People may also choose the wrong person, but the next time you can choose it on. The local elections do not, can learn to make good place. The two or three elections, Chinese elections will be on the right track. I think the quality of the people is deprived of right and wrong port.

"Economic Herald"November 7, 2012