[from my "law" (China University of Political Science and Law press, 2011 six on July Edition), see the book 120th - 148. ]

 

 

The second part Constitutional Revolution

 

Article10Article On the Constitutional Revolution

 

Abstract: the essence of constitution revolution, the Communist Party leadership to write into the constitution text to solve the problem of compatible with democracy, regulate in under the premise of ensuring, achieve the dual purpose of strengthening and improving, which is based on "political monopoly competition", that is to ensure that the introduction of competition factors under the premise of the Communist Party, political the mechanism of improved. The three major political system of China, there are only 1/3 into the constitutional text, the remaining only in the preamble mentions, and the "rule of law" does not meet the requirements for. Therefore, the rule of law when from the constitutional revolution; the rule of law, must from the constitutional revolution.

    Keywords: Constitutional Revolution  The political basis  Monopolistic competition

 

Abstract Making revolution in the Constitution is to make the leadership of CPC compatible with political democracy by putting it into the main body of the Constitution, so that it can be ensured and regulated, strengthened and improved at the same time  The revolution's basis is "monopolistic competition in political field", i. e., to introduce competition into our political system on condition that CPC monopolizes political power, thus improving the current political mechanism. In China, there are three fundamental political systems, but only one-third of them has been put into the main body of the Constitution, with the rest just mentioned in the preface This is far from being enough in light of "Running the Country by Rule of Law" run the country by. To rule of Law, we ought and have to start from making revolution in our Constitutional law

Key words: revolution in the constitution; political basis; monopolistic competition

 

 

Jurisprudential basis, constitutional revolution

 

    What is the Constitution? Logically speaking, constitution is a law, has the general characteristics of law. Therefore, to understand the concept of constitution, first of all to the general concept of law to explore.

    However, on the "what is law", as this century English semantic analysis jurist Hart said, is a theory of law is "long life problems puzzle" "".[1]

    In Chinese and the former Soviet Union, the concept of law, the usual definition often highlight two points: first, law reflects the dominant economy class will; secondly, is the rose to national legal class will, namely national regime established norms promulgated mandatory effect, etc..[2]

    Admittedly, this is the legal concept of the classic Marx doctrine, but there is a drawback that can not be ignored, it is partial surface. This concept is not suitable for the customary law, is also not suitable for church law and business law, it is not suitable for international law. According to this understanding to talk about law, international law, to declare the church law, business law and customary law is not a law. This is absurd. Therefore, in our study the Constitution and the constitutional revolution problem, it is necessary to "what is law" seriously clear.

    To do this, we must to Hart in "the concept of law" a book that the legal concept of "three regular issue" to give the scientific answer. The three argument is: legal and moral obligations differ? What is the difference between the law and backed by the threat of command? What are the rules and to what degree can become legal? My answer is:

    First, the law is a code of conduct and social requirements of its members and other subjects must follow, otherwise, will be any means necessary to its existing social conditions may use or any necessary measures may take the punishment; morality is generally accepted as members of society should follow the code of conduct, and offenders conscience stricken and the public opinion sanctions. Needs to be pointed out is, although the legal norms have so-called "mandatory norms" and "arbitrary norms", but in the final analysis, the arbitrary norms "arbitrary" refers to is legal as the actor in particular (premise) conditions and (or) within the limits set by providing a set of optional room just, do not allow the range limits and regulations (premise) conditions have any breakthrough. Therefore, in the author's opinion, the "mandatory rules of law" and "arbitrary norms" of the major difference lies in whether the behavior person provisions for the free world, not in the specification itself is mandatory. In this sense, the law about "arbitrary norms" and must abide by and cannot be violated, which also has the effect of mandatory norms mandatory. In other words, all legal norms can be considered a mandatory standard. This is the law and the German law (that is the fundamental difference between moral).

    Second, the law is open to the public in the "mainstream" system of norms, and the group backed by threats. Commands, requirements and regulations is "quasi norms non mainstream" anti social organization or the underworld organization. This is the biggest difference between the two.

    Third, the biggest difference between rule of law and the rules of etiquette, the rules of the club, football competition rules and other rules of the game is, it is an independent, complete the mainstream society determine the rules and principles of the system and public order, and not without social authorized specialized agencies, occupation group or other organization. Determined by the internal rules, the more different scientific principles and principles on the rules of grammar, logic rules and social system and public order independent.

    Accordingly, we can on the international law and domestic law jurisprudence on the unity of "law" is defined as follows:

    "The so-called law, refers to an open in mainstream society determine the rules and principles of the management system and public order, norms of behavior that the behavior of each social main body must obey. In other words, the so-called law, refers to a certain stage of development of human society is formed for the rights and obligations between the members and members and social public power or formulation of regulations of obligation." In short, "the law is or the formation of human society in the process of the development of the effectiveness of mandatory rules."

    Obviously, this definition all aspects can make the law says in Hart's will and any other non legal norms to distinguish.

    So, this definition would conflict with the classic Marx's legal concept? Can't. Because, it is higher than the domestic law and international law the two more specific legal concept, level of abstraction. According to Marx ascending from the abstract to the concrete research method, after the unification of legal concept, can go up a level, on the international law and domestic law in some more specific concept were obtained. Relationship between the concept of these two levels varying degrees of abstraction is: general concept provides the general framework, specific concept provides more, more detailed content, information and clues in the premise of not violate the general concept of. So far Marx activists about the legal concept of the classical formulation is specifically designed for the concept of domestic law and international law, teaching about the definition of international law provides a specific legal concept. Fundamentally speaking, the two party and the unity of legal concepts are not contradictory any logic.

    So, we see the unification of legal concepts, legal concept is the most abstract, abstract to concrete in the rising process of the bottom level; domestic law is from the abstract up to a higher level of specific process; and as the domestic law of the constitution, is the abstract up to the higher level of concrete. Then, the constitution is a kind of what kind of "law"?

    Now, the usual argument is a All the world knows., "the constitution is the fundamental law of the state". Admittedly, this is correct. But at the same time, it is necessary to point out, this is not a comprehensive understanding of the constitution, because it is only from the Constitution and other domestic law perspective, but even in this respect, it is not all the characteristics of the constitution.

    In fact, the relationship between the concepts of extension of constitution and other department law, constitution is a general method, the mother law and basic law. The so-called "general method", is said to provide the basic frame and the general guiding principles for other domestic legislation in constitution; the so-called "parent law" means, the Constitution contains seeds of other domestic law and the specific norms; and the so-called "fundamental law" refers to the constitution, the all his home legislation is the leading and dominant role in command, has the highest legal effect.[3]

    On the other hand, is the concept of the nature of constitution, constitution is the confluence will the sovereignty of a country's or concentrated expression. Generally speaking, the domestic law of a country is the reflection of the sovereign will, because the constitution is the general method, the national parent law and law, so it is the sovereign will of the confluence and the most concentrated expression.

    Here, it is necessary to make a simple description of the understanding of sovereignty. In the author's view, sovereignty(sovereignty)Refers to the maximum power(supreme powers). From the jurisprudence says, power itself is not a right,Use English to express is:Power itself is not right (s). As a kind of intangible benefits, and other material and non-material interests, power is just the right object. If we will "rights"(right or rights) Understanding of the word "necessary and sufficient qualification for the" object of legal subject, then the "sovereign", namely the sovereignty, have actual possession, use, disposal or angels have a whether to have the right. For example, the feudal autocratic monarchy reigning time, can be said to be a "sovereign", but from the legal analysis, is not the true sovereign all. The legal ownership of sovereignty, namely ownership ought to be a law, in any era in any case always belongs to the people, do not be deprived. The tyrant can deprive the sovereignty of the people, and the usurper exercised in their hands, but never may deprive people of the right or natural law jurisprudence on the rights of sovereignty.

    Look at the problem from this point of view, the so-called constitution, when there are three categories:

    First, when the "sovereignty" is to usurp the sovereignty of the people of personal or oligopoly, constitution, if any, as "sovereign" will the confluence and the concentrated expression, must be the autocracy of decoration and masked form. A typical example of the "constitution" in the Qing Dynasty, the processing on the eve of constitutionalism farce out and not implementation of the "imperial constitution outline" or "nineteen major tenets" is also. And France1814The German Empire, the Constitution and the Japanese Meiji Constitution and so on, also belongs to this category.

    Second, when the sovereign is the sovereign from the people there for the people to regain sovereignty revolutionaries, constitution, if any, will be the victory of the revolution of the recording and performance results. Lenin led the October revolution victory after the constitution, is this column.

    Third, when the sovereign master in the legitimate owner of the hands of the people, the constitution is composed of people of all classes, class or social group and its political representatives of political contract. Most countries in the world today is this kind of constitution. But since the return of sovereignty often occur after including the national independence, the revolutionary war, people's revolution, so most of the constitution has some characteristics of second kinds of constitution. Such as1949Years of people's war of liberation the decisive victory of new political situation held the "Chinese people's Political Consultative Conference common program" and the subsequent1954Constitution is the. There are American constitution and many other once after the revolution the baptism of the national constitution are more or less with second, three two characteristics of constitution. But in general, the more remote distance revolution time, the characteristics of political contract is more obvious.

    It can be asserted that the people be in power, age, constitution is the essence of political contract. Most countries in the world today, the constitution of its dominant feature, are political contract. Our Constitution also forward this direction.

    As everyone knows, the French early Enlightenment scholar Rousseau has proposed "social contract theory", that the people are or should be through the contract society, establish a public authority, the management of public affairs. This theory has become an important theoretical weapon of the French Revolution and the thought origin, and had a positive influence on later scholars.

    But, we should see, the real social contract, the principle, only produced in the beginning of the formation of human society. Later, this intangible social contract for differentiation state and class, the torn and trampled. And when the bourgeois revolution, people regain sovereignty, on the one hand, the so-called "social contract" is not a general law, general law, but the country's mother law and basic law, i.e., the "constitution"; on the other hand, the constitution is not only the general "social contract", but political social contract, namely "political contract". It and the "social contract" is the difference between the three:

    First, it is about the national regime and its composition of the contract, namely about national contract, rather than the general social contract.

    Second, it is the minority is subordinate to the majority, the will of the majority is of course the force for a few contracts, but not every member of society has the right to freedom to decide whether to accept (or autonomy) product.

    Third, it is the formation of a contract between the components or the people of every class, class or social group and its political representatives, or agree on all political forces after to be approved by the people's or its representative organs of the contract, rather than a single individual directly negotiated contract.

    Obviously, the point is not to deny Rousseau "social contract theory", but according to the "social contract" the hundred years of the development of the world history has been published, especially in the Marx, under the guidance of Lenin's theory of the state, in the new historical conditions of Rousseau thought an inheritance and restatement. In the author's opinion, such understanding of the constitution, while conducive to reform and the constitution of revolution in our country.

    Safeguarding the people's rights and awarded the national public power, is the two major tasks for the constitution. A good constitution should maintain the necessary balance between the two. This fact, that many people mistakenly believe that "people's rights" and "power" is the two in a peer to peer category at the same level. The actual situation is not so. Before that, power and other material and non-material interests, is the only object of right. Since it is so, "the subject to exercise state power" must also be granted in accordance with the law the corresponding rights, or do not have the right to exercise the authority, or can only exercise the powers illegally; and the "people power" also has its own specific objects, such as survival or survival conditions, freedom, equality, dignity, participation, development means and enjoyment means etc.. Otherwise, the legal rights of null contents will not have any pursuit of value.

So, as the constitution of political contract, at the same time provisions of individual citizens enjoy the legal rights of its vital interests, also stipulates that the state organs to exercise the right to public power. Here the "rights", as said, is that "the subject to object legally sufficient and necessary qualification". In order to ensure that the "right" can be implemented efficiently, the constitution will also "obligations" (namely "all kinds of legal relations in relation to or not necessary to enforce" legal action on) harsh on the people and public authority head. Look at the problem from this point of view, the constitution is the "rights based" or "voluntary standard" is not very important, because the world is no rights and obligations, nor no obligations.

In fact, in this matter, for us really important only one point, that is: on the same subject, between the rights and the obligations of balance. If the balance, is a good law; such as imbalance, is evil. From "the Taoist theory of law"(The Taoist Theory of Law)Perspective, "method" to "Tao" for good, "method" is "Tao" as the evil law. "Evil law is also the law", but not "Dao" support, even if be forced to temporarily, after all "law will be illegal". Here the "Tao", after the author of Marx's philosophy of law by the reformation of the Chinese ancient traditional philosophy "category", namely, the nature and the human society the objectiveThe totalLaw. Because of the objective law is not violated, if violated, sooner or later will be subject to the law of punishment, any legal people make is not with "Tao" is the objective laws violate or deviate from, otherwise will be punished, will be modified. Such "the Taoist theory of law" principle, but also the constitutional revolution of important legal basis: the location, method depends; Tao refers to the trend, law. Therefore, the constitutional revolution to.

    Is that a "constitutional theory", the constitution is just the results reflect and record, but does not create new system. Stalin1936Years11Month25DayTalking about "about Soviet constitution draft" in the report, "the great differences of the creed and constitution. Program that there is no thing, is to reverse in the future and to win things, the constitution, should say is have some things, is now have access to and have to strive for."[4] Admittedly, Stalin on the constitution is different from the program is correct, one of the disadvantages of the current constitution of our country is the programmatic requirements slightly too much. However, we can't say that the Constitution can only be "has some things, is now have access to and have to strive for". In fact, both the second constitutional revolution as the record results, or as the third constitutional political contract, has created a. The former is a system innovation winner made according to the revolutionary programme and target, the latter is the political parties of the contract according to the similar to the outcome of the negotiations (including the result of a compromise) the system innovation of the. Accurate understanding and understanding of this point, we study the problem of constitutional revolution, is vital to. Without any initiative action, constitutional revolution also have what use?

 

Two, concept and motivation of Constitutional Revolution

 

    What is the constitutional revolution? The meaning, but refers to the constitutional innovation, including the innovation of two constitutional theory and constitutional system. Because some components of theory innovation has been included on the constitutional revolution the legal basis analysis front, others to criticize in constitutional theory of the bourgeoisie to talk about, therefore, emphasis is now to be discussed, is the constitutional system of innovation.

    So, why our constitutional system to innovate? Also need some what kind of innovation?

    The past to discuss civil revolution once said: "the future" as a constitutional revolution, "now" is in need of a civil law revolution. "Constitutional Revolution task is to solve the 'Communist Party leadership from the legal theory and legal system, compatible with multi parties co-exist' preferred, and modern democratic politics requires political competition supervision mechanism of civil law, and the task of the revolution is to solve the 'public ownership dominant from the legal theory and legal system, compatible problems component coexist' and the modern enterprise system and market mechanism."[5]

    Obviously, the reverse order of the above paragraph about, can be moved for the constitutional revolution problem discussed in this paper, because the constitutional revolution and civil revolution, and the necessity of its motivation, are existed in the reality of our society. Because of Chinese is a socialist country, the leadership of the party is the guarantee of political guarantee, the nature of the state. Therefore, a fundamental policy to strengthen and improve the leadership of the Communist Party is the relationship between the destiny and future of our country. The task of the revolution, fundamentally speaking, is to uphold and improve the leadership of the Communist Party of Chinese, so as to improve our national reality and political operation mechanism.

    Strengthen and improve the leadership of the Communist Party, as a slogan, already not fresh. But as a scientific subject, but it is still worth studying.

    Some people think that, the leadership of the Communist Party of the existence of a fact, not subjectively want problems. What is more, that the leadership of the Communist Party can only be strengthened, not improve; such as for the improvement, will weaken the. This will strengthen and improve the leadership of the Communist Party in opposition to the view, vast market in quite a few people there. However, the metaphysical way of thinking, after all, is wrong, the anti science. If the transformation of the mode of thinking, you will find: strengthen and improve the leadership of the Communist Party under the leadership of the Communist Party are complementary to each other and are inseparable, further said, "strengthen" and "improve" can even be mutual, reciprocal causation means.

    This is because, on the one hand, not to strengthen the leadership of the party, the party's position not to ensure, can not easily change, improve and improve the party's leadership, a "change" may "change" into the mud, like the former Soviet Union's Gorbachev do that. But on the other hand, do not try to reform, improve and improve the leadership of the party, it is impossible to make the Party leadership really consolidated and strengthened, and only continue in the "drum" and "hoop". But the tighter restrictions, hoop, the more the people's right to receive, the ruling party and the state machine is more difficult to be overcome the disadvantages and correct, the potential and the problems exposed more and more, the opinions of the masses is greater, leading to top decision makers and more have no confidence in the success of the reform and grasp. While the lack of confidence is not assured, more not trust more afraid to change. Not only that, due to the bottom of my heart is not practical, will take more measures to be "drum" "hoop" more closely,...... The formation of malignant shield ring, forming a circle. On the contrary, if can be in to ensure that the leadership of the party is not threatened, and gradually strengthen the party to change, so that the party can be in accordance with the "General requirements governing the country according to law" the democratic administration, scientific administration, administration according to the law, standardize the administrative -- which is the essence of the constitutional government, then, the leadership of the Communist Party can be improved, and in turn effectively consolidate and strengthen.

    Of course, is not easy to do this. It demands that we should from strengthen rather than weaken the leadership of the Communist Party of the purpose, actively think of ways to reform, improvement, improvement, improvement (not to) the leadership of the Communist party.

    Then, what is called "strengthening instead of weakening," "and not get rid of" the leadership of the Communist Party? Gorbachev is the former Soviet Union "reform" of the situation, to modify the constitution of the Soviet Union sixth and cancel the legal leadership, the leadership of the Communist Party is to weaken and break. If you do not do so, even if there are social hostility against the Communist Party, the leadership of the Communist Party, also have a constitutional and legal obstacles to overcome, he and Yeltsin later announced the cessation of the activity is unconstitutional and illegal behavior, once the contest of strength can be activated after the legal liability. This would make the anti party and anti socialist elements did not dare to act rashly and blindly, or at least the party and socialism are the defenders of the hands more a legal weapon.

    This is from a negative to remind us, in the trend of the democracy and legal system, an important way to strengthen the leadership of the Communist Party, the leadership of the Communist Party is a clause in the Constitution and relevant laws. Only in this way, can we ensure legal under the leadership of the Communist Party, for the reform, improvement, improvement and improve the leadership of the Communist Party to establish the necessary legal framework and under this premise, thus at one stroke to strengthen and improve the leadership of the Communist Party of the dual purpose. This will be the constitutional revolution, namely the reform and institutional innovation of fundamental to the constitution. Constitutional revolution is the only way out of the vicious circle of the vicious spiral. Only the constitution revolution to strengthen the leadership of the Communist Party at the same time, to lay the foundation for improving and perfecting the leadership of the Communist Party and left the room, which in turn helps to strengthen and consolidate the leading position of the Communist party. In addition, there is no other way.

    Some people say, leadership of the Communist Party of China, not have been written into the new Chinese has formulated the Constitution? Why are the constitutional revolution?

    To this, my answer is: Although the new Chinese each constitution have China Communist Party leadership and the leadership to write inside, but basically as a programmatic specification rather than operational specification was written into the constitution. It is one of the worst part of the whole1975Constitution written into some of the leadership of the Communist Party of operational terms (such as a premier candidate shall be prescribed by the Central Committee of the Communist Party, the nomination China etc.), specific provisions of the constitution, there were no other decent. In order to1982The existing constitution formulation as an example, although after several amendments, the China CPC led multi-party cooperation system and Political Consultative Conference System, is still only in the preamble to the Constitution written in several languages, is no corresponding provisions in the text.

    As everyone knows, the Political Consultative Conference of the multi-party cooperation system, the system of people's congresses, the leadership of the Communist Party and the people China Chinese system is China's three major political system. These three systems, commonly known as "three fundamental political system", is called "the three basic political system". Before the establishment of the basic system that, as they should be, behoove to be written into the constitution as the fundamental law of the state, and not just written into the preamble, but to set up a special chapter, special section or in some provisions written into the text; if said after the establishment, as the basic system, should also be defined by the basic legal documents such as, respectively formulate "the people's Republic of China Law on political parties", "the people's Republic of China governing law" and "China people's Political Consultative Conference", and also in the constitutional text in the legislation according to the regulations, such as regulations: "people's Republic of China shall China CPC led multi-party cooperation system, China people's Political Consultative Conference specific system shall be prescribed by law" and "the Constitution (referred to as" the CPPCC National Committee ") is the highest organ of the State Council, the Chinese people's Political Consultative Conference local Committee for the local State Council organs, its organization and functions and powers prescribed by law". Two phase comparison, might as well the basic norms and legal framework by the constitution is determined, and then by the law on the details to be provided as well.

    Therefore, China's current constitution, is not impeccable. On the contrary, the three system only 1/3 (that is, the system of people's congresses) to write into the constitution text, and not be the pink of perfection, the other 2/3 are still in the constitutional text outside. The text of the constitution that don't criticize? The constitution theory of this constitution, constitutional system and the shouldn't be revolution?

   1999Years3Month, the two session of the nine national people's Congress constitutional amendments: countries "to implement the basic policy of governing the country by law, building a socialist country ruled by law". It should be said, this provision is very good, also very timely. But, I always think, only this one is not enough to solve the problem. The rule of law, including many aspects, but the most important is to face to face from the angle of law and the leadership of the Communist Party of China position in national political life and leadership issues, the most fundamental is to China Communist administration according to the law to provide constitutional norm that can be operated as a basis, the relationship between the party's leadership and problem solving the masses of the people be in power by constitutional means pattern and the trend of the democratization and China has embarked on the road of the rule of law. Because of this, we say: the rule of law, when from the constitutional revolution; the rule of law, must from the constitutional revolution.

    The reason for this is because, not a constitutional revolution, the leadership of the party without relying on, people's democracy could not implemented. In this case, the so-called "rule of law" if not bad, at least there will be incomplete, as a result, it becomes the only law people, punished in accordance with the law, according to law, in accordance with the law, the law officers, governing the officials by law...... And so on and so on, but not for the Communist Party "constitution", the policy provides the constitutional basis and regulate, and therefore it is not "rule of law" was really means. Thus, the rule of law is important, but whether the real rule of law does not depend on whether the four words are written into the constitution, it depends on whether the law content required or system specification was written into the constitution, and in strict accordance with the provisions of the Constitution and relevant laws governing the country.

    Needs to be pointed out is, the current constitution, constitution system and constitution theory is the situation at present, it needs to be revolutionary, fundamentally said, is mainly due to the dominance of bourgeois constitutional theory of influence. It was not easy to understand: a socialist country under the leadership of the Communist Party, more than half a century, quite a number of constitutional experts is a communist or accepted the years Marx's education, and most of these are new Chinese own culture scholars, how will our constitution, constitution system and constitution theory the bourgeois constitution theory dominated, domination and influence, that he had to have a constitutional revolution?

In fact, this is not a bit strange. Because, in fact, we have been unable to carry out and complete the implementation of socialist democracy and the constitutional need constitutional revolution. The traffic in China's constitution, in Marx's words, just to illustrate the bourgeois constitutional theory, and not according to the mastery of the essence of the Marx doctrine (namely the dictatorship of the proletariat as) new theoretical criticism and created after the sublation of bourgeois constitutional theory. Look at the problem from this point of view, I called the constitutional revolution, was not to Marx's constitutional theory of the criticism, but to the old bourgeois constitutional theory to critique and sublation, innovation and on this basis, put forward no new Marx doctrine of constitutional theory. Then, under the guide of this theory, we can build a suitable for China's national conditions, the people's socialist constitutional system and constitutional system.

So, what in the constitution theory of defects of the bourgeoisie, so that only the revolutionary transformation can be used for me? And, these defects is how they affect our constitutional theory and the Constitution?

    As everyone knows, the bourgeois constitution and constitutional theory, was produced and developed in the doctrine and the Western Europe feudal dictatorship struggle, which itself has a certain revolutionary, is a revolution of human legal system history and legal thought history. If we had the feudal ruling order as a habit law on the meaning of the Constitution (besides English, law, Germany, Japan and other countries also really the birth of feudal constitutional documents and constitutional system), reasons and will defend the feudal system as such constitutional theory, then, also can say, the bourgeois constitution system and constitution theory is the birth of the first constitutional revolution. In this revolution, give tit for tat the bourgeoisie and the feudal autocratic rule and order, hit the "liberty, equality, fraternity" banner, shouting "democracy, lawTreatment, the slogan of "human rights expression, including the working class of the" third grade "the will and desire, take sound opinions, said of a great teacher. The constitutional revolution, with its great contribution made a historic monument.

    However, see the dialectical scientific perspective, errors and its limitation has also historically cast. Because of this revolution is completely for the bourgeois and capitalist private ownership services, the so-called "liberty, equality, fraternity" and "democracy, lawTreatmentHuman rights, "political ideal and idea, also is completely with the bourgeoisie in the eyes of the" people "or" the personification of capital "for the purpose, and not really put the capital press object and value (i.e. source at the bottom of the society, workers and other people) when people look at. For the latter, these attractive things, if not pure deception, but at least it is deceptive illusion.

    In fact, to talk about the bourgeois constitution theory of deceptive is far from enough. As with other such as economy, politics theory, the key of bourgeois constitutional theory is that, in general, abstract freedom equality, fraternity and democratic, lawTreatmentHuman rights, to cover its class essence. The "free" as an example. The bourgeois freedom, and it is said that the freedom of universal freedom, equality, freedom, without any special restrictions or specific meaning of freedom. This of course is a powerful weapon against the feudal autocratic ruling order. However, since the flag up anywhere in the world, we have not seen this kind of freedom, as we have seen only the white horse, horse and never seen the abstract general "horse".

    In the ideal Kingdom bourgeois, people are exploiting the workers to make money, free, but there is no workers are not exploited freedom. Of course, you are not free to apply for and obtain employment, fried squid boss freedom, a freedom of roaming, frozen hungry and die free, also has a fund-raising run enterprises when the boss free. We are free and equal, others can do you can do. But, in fact, although the asset class at the scholars have been made everyone can be held, everybody can when the shareholders, as the new boss of Capitalism (once called "people's capitalism", now called "in this doctrine") theory, but if really everyone equal when the boss, capitalism it will fundamentally unable to survive, and who also should not become a boss. Just imagine, if everyone is the boss, everyone has a lot of money worries about the flowers do not go out, who will be for livelihood and employed by other bosses when workers? So, how to start the capitalist production? The third industry and how to provide service and make money? A simple truth: brothel "be willing to" not to enrol prostitute girl, not open for business, to make money. Other industries is the same.

    In fact, under capitalism, not only can't all be the boss, but also impossible to most people to become a true sense of the boss. On the contrary, in addition to small business with a small capital, so do not have to hire people from business owners, is always only the majority of people working in the city, a few people rely on the majority of working people. As for the productivity, but also can benefit the workers, but that is fulfilling Marx's famous phrase, namely: the capitalist class has sufficient financial resources, can the workers chains and shackles forged longer, to hire the slaves can also enjoy more wealth and freedom.

    In addition, what? Only means great productivity of the capitalist mode of production and distribution will no longer suitable for profitable motive stimulation developed, thus to Datong to prepare the conditions for human society. Infinite capacity, large accumulation of commodities, the consumption of the rich is not finished, the poor can not afford, enterprises underemployment, idle equipment corrosion, resources wasted, workers can not find the living, bring home the bacon work! All of this, not because of poverty, but because of the rich. This is peculiar to capitalism poverty, namely "rich poverty". The capitalist absurdity here. In capitalist society, the rich only consumption economic capacity, no natural ability consumption; the poor only consumption natural ability, no consumption capacity of the economy. More importantly, the rich rich ability to pay and not by their own, but by the poor to their creation. Conversely, the poor ability to pay poor are not by themselves, but by the rich create for them, because they were created with labor and sweatshop wealth as profits are capitalists away, make no money consumption. And not enough consumption support, will not be able to carry out subsequent reproduction, capitalists can not further investment money. The resulting social reproduction is difficult to realize, resulting in a recession, depression and crisis. In this case, in addition to the well-off to Datong, what is the way out?

    Besides political freedom. This means that allows the bourgeoisie free party, multi-party system. The parties according to the number of votes rotation Republicans, rough look very fair. However, the proletariat, unless combined with state power together and never separated, that is firmly in control of the regime, the dictatorship of the proletariat, otherwise, dominate in a gold right country, it is very difficult to have the strength and the bourgeois election contest. Well, the proletariat has an absolute advantage in number, a one person one vote elections look favorable to proletarian political party, and the bourgeois political parties adversely. However, unless in the Republic of San Marino that small, casual walk around the propaganda out, the party's claim otherwise, not by the mass media and spend money like water, it is very difficult to make millions of voters to vote for the party candidate ticket. Imagine, no money to do propaganda, how can voters know which party is able to represent their interests, will and desire? So, the bourgeois was very clear: not afraid of you people, but I have no money. Money talks. In a completely free multiparty elections, even the rich can not win the election?

Some people might say, western capitalist countries of the election have public support problems. Admittedly, indeed. But this is only the bourgeoisie and bourgeois political parties competing situation. Because of the economic strength is not much difference between, policy advocates public support has become the determinant of success or failure of the election. Once the election contest between proletarian and bourgeois political parties, especially when the political party of the proletariat cannot get state regime "special" help "one-sided" and funding to the bourgeois political parties "fair" competition, the proletariat and its party is almost doomed to failure. Because at this time, the election funds strong or not must exceed the policy is correct or not and become the first factor.

    Thus it can be seen, economic freedom and political freedom in the abstract general for the bourgeoisie and its political party and the proletariat and its party significance is how different! It also shows that, in general, abstract equality, fraternity, democracy, freedom, lawTreatmentHuman rights and its derivative principles, such as private ownership, the multi-party system, the separation of the three powers, individualism as a symbol of bourgeois constitutional theory, how is not suitable for the working class and the working people of specific freedom, equality, fraternity, democracy, lawTreatmentNeeds, human rights, need not suitable for constitutional reform in socialist countries!

    At this point, that is, the bourgeois constitution and constitutional theory on the impact of China's constitution and constitutional theory, not or not mainly manifested in our constitution and constitutional theory also provides or publicize them that a set of things, but in our constitution subconsciously think they set it. Is correct, that dare not boldly, take the essence, the essence of the dictatorship of the proletariat of the Marx doctrine was written into the constitution, and the constitution theory we also seem to be unaware, no criticism, no reflection, no countermeasures, that constitutional scientists subconscious that they set it is right. What is more, even in their own books and articles that a tendency in favor of!

    Here, I called the constitution of the socialist countries not essence of Marx's concept and the dictatorship of the proletariat was written into the constitution, is not written into Marx's words and uphold the dictatorship of the proletariat, bourgeoisie against the repression of words like ". Such phrases and words are in the former Soviet Union, in China, in North Korea and other socialist countries in the constitution, but not the essence to write into operational specification.

    Lenin has expressed this idea, he said, the essence of the dictatorship of the proletariat is not violence, or is not violence.[6] This paragraph of word, the one-sided understanding and promote the theory of proletarian dictatorship is rife, led many people to struggle, to understand its meaning. But it is easy to understand. Why? Because of the dictatorship of the proletariat, is to achieve and maintain the working class's proprietary regime, which by its power to achieve and conservative working-class economic interests and other interests. To achieve this point and the ground, of course, does not require the use of violence; only when the use of non - violence can not be, to use violence. So, of course we should say the essence of the dictatorship of the proletariat is not violence, or is not violent.

    From the theory of Lenin, we can see, the socialist constitution and constitutional theory should take measures to fundamentally, to ensure that the working class and the working people's proprietary regime, so as to ensure that the working class and the working people's economic interests, social interests and other interests. This requires us to the constitutional revolution, the bourgeois constitutional theory of abstract freedom, equality, fraternity in general, democracy, lawTreatmentHuman rights, rewrite the proletarian and socialist freedom, equality, fraternity, democracy, lawTreatment, human rights. Causes and necessity of human history the second constitutional revolution, right here.

 

Three, the content and form of realization of the Constitutional Revolution

 

    However, the reason the constitutional revolution even more important is that: on the one hand, as I have said before, because the constitution as the flag and to think that bourgeois constitutions and constitutional theory has some truth, so it is not the essence of the dictatorship of the proletariat (the proletariat political party of course legal leadership and ruling status) as applicable specification was written into the constitution, on the other hand, because after all, is a socialist country, after all, to the political party of the proletariat to governance and leadership, and not because of election and the loss of the ruling position and the leadership, so in life, in practice, in the actual operation of the regime, had to put aside the Constitution and the law and take since various effective measures to ensure that the proletariat political party's ruling status and leadership, and did go beyond -- than explicitly written into the Constitution and regulate to brutal much.

    This caused the law out of touch with reality, two skins phenomenon operation of constitutional norms and regimes are not coordinated "". Originally, the victory of the revolution at the beginning, do no ground for blame, because to "rule of law" to have a preparation and implementation process. In addition, just in the political party of the proletariat regime and the Constitution and the law and order has not been established and perfect, also there is no a better way can be used to consolidate the ruling status of the party. But, in the long term, despite the legitimacy of its moral not to talk, only the practice effect is declining. The rule by people, not the Constitution and the law as the basis and be regulated directly by the party governing way, that is not a fundamental approach, is "not the way", the results can only be long-standing deep, deep, the public opinion basis regime weakened, entered the vicious spiral and circle!

    It is we see in this case, the party, put forward "ruling the country by law" and "building a socialist lawTreatmentNational "claims and to write into the constitution is very timely, correct, how wise, the great!

    The question now is, since it is going to rule the country by law, it must be the essence of the proletarian party and the dictatorship of the proletariat's leadership or the ruling status was written into the constitution, and not just written into the preamble, the text but to write into the constitution, to be provided to the operational specification. So, on one hand the dictatorship of the proletariat and the leadership of the party is ensured, on the other hand, the operation of appropriate constraints and regulation, the democratic, scientific, standardization, legal system, so that the entire country's political operational mechanism gradually out of the circle, entered a virtuous cycle.

    This is suspends in front of US Constitutional Revolution task, the key is to make the dictatorship of the proletariat or proletarian party of course leadership and modern democratic politics construction goal compatible, and bourgeois constitutional theory tick to the class nature of the part of the contents of compatible, thus suitable for people's needs, suitable for the socialist the new freedom, equality, fraternity, democracy, lawTreatmentThe human rights, constitutional principles and theory.

    In this way, the constitutional revolution content is determined. The main principles and theories are two: one is "the national market economy" principle and the "national market economy" theory; the two is the "principle of political competition" and "political monopoly competition theory".

    About the market economy country "". This is a concept and the postwar West Germany the new liberalism represents Hayek's "social market economy" opposite to the theory of. Language itself is not the invention, but was criticized the Liberal Democratic Party of Russia Vladimir Zhirinovsky on the first day of the first use of the. The writer borrows, purpose is to express "should have the characteristics of socialist market economy". "The essence of national market economy" is:1State owned economy dominant);2State regulation of the market);3State control of capital).

    The last one, in the current development of private economic atmosphere, estimated that there will be people who don't agree. But it is not the invention, but revolutionary forerunner Mr. Zhongshan the teachings. Mr. Sun is a bourgeois democratic revolution programme, he put forward the "moderate capital", the Marx doctrine of economists and jurists, when not too against?

    "Complementary national market economy" of the three points, indispensable. The lack of it, is not the nature of the socialist market economy. In contrast, Hayek's "social market economy", its characteristic has three: one is private ownership economy as the foundation; two is a negative state intervention in the market; three is the support and help of private capital. This is the difference of two.

    In the "national market economy", "the state owned economy dominant" this is a decisive. A non state-owned economy component in the national economy the main and dominant position, make the public owned economy dominant position is very difficult. Near10Years, our thought is a misunderstanding, think state-owned economy even withdraw from competition, public ownership can still play a dominant role in national economy, even think that even if the public sector of the economy in the national economy is not dominant, Chinese market economy also is "socialist market economy". In the field of economics research, our country western scholar -- "old Chen Dai", who had been published in "economy studies", some people stubbornly persist in western economics the wrong things, insist to privatization theory is a sharp criticism. But some people don't listen, not only does not change, but in the reform of state-owned enterprises is faced with difficulty, more determined the "privatization of state-owned enterprise reform is the only way out" of the faith. This is blocked state ownership premise of socialist market economy to explore effective measures (i.e. civil revolution road). As a result, in addition to pick up, theory innovation difficult, in practice, fall into a wrong path. This wisdom wasted, unfortunately, alas, poor, pathetic!

    Of course, the public ownership economy occupies the leading position in the national economy people oppose, especially to permanent dominant state-owned economy in competitive industries and the economy of individual privately owned to fight a decisive battle against, this is a very natural thing. The reason is that, so far, the micro economic benefit most state-owned enterprises in China has not reached the average level of individual and private economy. It is necessary to take measures to solve the problem. But this is the civil and commercial law reform and innovation (i.e. "Civil Revolution") task, do not belong to the constitutional revolution. Moreover, this revolution in the theory of "homework", have been completed, including the "division of property and administrative separation", "property and", "trust management system" and "the special right of claim", etc.. However, although not of the constitutional revolution content, like many other was not constitutional specification due to various reasons was written into the constitution, the civil and commercial legal system innovation can also be written into the constitution. In this way, "the national market economy" as a constitutional principle, also has its own micro economic foundation and the civil and commercial law foundation.

    However, the national market economy itself, in the whole of the constitutional revolution in the status, only the economic base. Constitutional revolution leading not in the economic system innovation, but the political system innovation, namely the guiding political monopoly competition principles and political theory of monopolistic competition under the constitutional reform.

    Here, the so-called "political monopoly competition", is the author of the economics borrowed and after a suitable transformation of the concept. The implication is that, in accordance with the law to ensure the premise of Marx's ruling party, the political competition mechanism.

    Political monopoly competition can have the following two different operation mode:

    The first is Lenin once conceived but failed to realize socialist multiparty system "".[7] This model and Gorbachev engage in a concept of "humane democratic socialism" under "multiparty" completely different. It is required by the basic requirements of the theory of the dictatorship of the proletariat, according to the law to ban all anti socialist and anti socialist tendencies of the political parties and organizations, there are only allowed to socialist parties, and only refers to those who believed in Marx's scientific socialism but vary in the socialist party in the strategy of governing the country specific, not including according to various vulgar socialism theory formation of political parties or factions.

    The second is specific to the Chinese special conditions, the people under the "one party dominant, multi-party politics" system, namely the Communist Party representing the fundamental interests of the unity of the working class and the masses of working people in power, while allowing the democratic parties in the premise that the Communist party political leadership and legal ruling status of equal competition into the NPC, CPPCC exercise participation in the right seats, and China Communist Party and the democratic parties must implement appropriate or proper party competition.

    In the political monopoly competition, "competition to monopoly of power, monopoly to competitive advantage". "Complementary monopoly" and "competition", will be far better than the western countries "multiparty democracy".

    Generally speaking, for those trained in the modern western democratic thought influence people, difficult to understand the political monopoly competition principle, necessity, is recognizing the inevitability of wielding state power, safe and effective, its core is the importance of the political monopoly; and for our party has held leadership comrades, accept the difficulty of political theory and monopolistic competition, is the necessity of introducing competition mechanism, understand the necessity and feasibility, harmless, its core is the importance of political competition.

    First, we explained the necessity of political monopoly problem, now, the need for political competition, it is necessary to explain slightly.

    Political competition is important and necessary, because:

    First, there is no political competition, a country's political life will Ten thousand horses stand mute., lose one's vitality, lack of angry;

    Second, no political competition, a long course, the ruling party will not hear the voices of criticism in the course of time, easy to relax to own request,, will lose its fighting capacity and competitiveness, then the loss of the ruling ability;

    Third, no political competition, not only the ruling party, and each party will gradually lose its vitality, ordinary, cachexia, muddle along, attempt nothing and accomplish nothing;

    Fourth, there is no political competition, it will be impossible to realize the survival of the fittest, go bad preferred political goals;

    Fifth, no political competition, there is no choice people and their representatives, and thus it cannot really be in power by the masses of the people and their representatives;

    Fifth, no political competition, people's power and rights have no, cease to exist except in name, it can not implement effective supervision to the party and the state organs;

    Sixth, no political competition, each part of body of the party and the country will inevitably breed corruption, shelter evil people and countenance evil practices, and rely on self-discipline to clear;

    Seventh, no political competition, it is impossible to form moderate decentralization country needs machine safety operation mechanism and balance;

    Eighth, no political competition, will damage the party and the government image in the people and status, moral legitimacy and potential threat to the ruling party for a long time, affect the national long period of stability.

    Here, the astute reader might have noticed that, although we write quickly but stray from the theme from first to last, but want to argue, is nothing more than the above second kinds of political monopoly competition model, namely in keeping and maintaining the present political system is essentially the same pattern, introducing political competition factors, the mechanism and the mechanism of operation of political change in china.

    The research focus on the political monopoly competition in second modes, mainly because, on the one hand, as Chinese, behoove to should first consider Chinese reality, people, consider the reform plan which determine the fate of socialism and Chinese and prospects; on the other hand, after the former Soviet Union and Eastern Europe in the the changes, Chinese is existing in the world some socialist countries in the largest and most influential country, her prosperity, will help the world socialist movement out of the trough. If so, the current the constitutional reform and constitutional revolution, also should take this as a target model. Believe it works, not better than the first (i.e. Lenin's vision of a "socialist multiparty system") inferior, rather, only better.

    On the constitutional revolution content, passing for a specific institution as example, illustrate.

    As everyone knows, the principle of the system is an important part of a constitutional system. Since the "three powers" criticized, socialist countries generally do not use America style presidential system. But, pass some capitalist countries in the "cabinet" is also not suitable for socialist democracy, because a figure head under the system of the liability cabinet is a multi-party system based. In a multi-party system, the queen, the emperor, weak president nominated or appointed prime minister, Prime Minister and others, is to the Senate Majority Leader for a particular candidate, or at least to a union parliamentary majority and agreement is a prerequisite. In this case, the bourgeoisie in the use of the "democracy" is mainly reflected in the parliamentary election voters, not reflected in the Council of the prime minister, Prime Minister's election.

    In contrast, under the conditions of socialism, especially the socialist countries such as Chinese, proletarian party is the ruling party of course, if you take some measures in the legislation would always be the first people's Congress of the party. First, in this case, if has also implemented a figure head under the system of "the responsibility cabinet system", then, the leader of the governing party is behoove of heads of government. It will be deprived of any possibility of people and their representatives in the selection of be in power, draw further apart and the construction of socialist democratic political goals.

    Second, if not to the supreme leader of the ruling party as the only candidate by the people's Congress from the ruling party leaders in free elections to heads of state and government, heads of state have no legal right to nominate candidates, and only the election results came out form the power of appointment. The Fuehrer himself is a decoration.

    Third, if still by the heads of state to exercise the nomination, the titular head of general in a weak position, the nomination is very easy to fall into the hands of others, is not known to the outside world power control, resulting in a "covert operation". You know, the possibility of the world and not just an ordinary citizen's legitimate rights and interests are violated, there will be servants of the legal power and rights (such as the right to nominate the right head of state, heads of government of the nomination of heads of government of cabinet members of the nomination, and all levels of local government heads of government members, and so on) exist the possibility of illegal violations or actual stripped off. This latter "tort", for countries and people, its disadvantages far outweigh the before one kind of infringement, and to conscientiously overcome and prevent.

    From after the people's Republic of China enacted some of constitution, product second, three constitution belongs to the "Cultural Revolution" period, no head position.1954Years of new China first constitution president and the National People's Congress Standing Committee exercise authority with heads of state, is the so-called "collective head of state". This is a reprint of the Supreme Soviet of the collective head of state, called to prevent individual dictatorial, for individual centralization hypocritical disguise, is a major failing of constitutional creation.1982The current constitution was born, the head of state is virtual, but after President Li Xiannian and President Yang Shangkun two term, since the1993Year, the supreme leader of the ruling party as head of state results, appears in practice to the real head of state evolution, is of great realistic significance and far-reaching historical significance.

    Chinese is a unified multi-ethnic country, safeguarding unity and governance of the country responsibility be weightier than Mount Tai. Since ancient times, the objective need a strong leader to power, to form a weak branches strong, coordinated and orderly operation of the power distribution pattern. If the titular head of state, will be placed in a weak position, and welfare as a child's play is to take the fate of the country and the people! Therefore, the author advocates to the presidential system, the heads of state of the modern democracy and legal system has become the real power and entity responsibility "uncrowned king" and "when the family".[8]

    Imagine, when people or its representative body elected head of state has no authority is not actual responsibilities, people on the head can have what on? While the head of government is in power, in DOSOMETHINPREVIOUSLYUNRELEASED position, but he was not the people or its representative body elected, but by itself has no real power of nomination, again by the people's Congress approved. This time, the people's representative has not actually choice, can only be approved without delay. This is because, although the Nominee (heads of state) is a phantom, vulnerable, but play an important effect on the nomination process, while other determining factors or the strength of character. In this case, the heads of government will focus on its nomination to the role of the strength of character is responsible for determining or. So, the people and their representatives for the generating process of national leaders will be difficult to grasp, especially not be nominated decision responsibility.

    If the power of the Principate, things would be different. Although the department heads, but after all, the people and their representatives for the heads of state and state behavior can have certain control measures. This is a figure head system deals and the black box operation is much better.

    In addition, I claim to the presidential system, there are two more important reason:

    First, as a figure head system of constitutional rights, which leads to a politician once elected head of state, to realize their own political ambitions, will put aside the constitutional power grab, the rule of strategy, even in order to establish the individual authority and fee with machine Machiavellian, use unscrupulous divisive tactics discriminate against those who hold different views, and at the cost of consuming a lot of this can be used to cure anything valuable time and energy, is not the country and the people's blessing.

    Second, heads of state will be the necessary constitutional power and duty collection in a body, is conducive to a certain extent, the people to its supervision and accountability. On the contrary, the decentralization of power to "grasp several carriages" hand, liability correspondingly by this among several people, it seems more than a person have the highest leadership to democracy, in fact is not a true democracy, but a disguised "oligarchy", it not only embodies the democracy, but also not conducive to the public supervision and responsibility for their. Can say, this is a "collective leadership, collective name for" under the cover of the worst senior leadership system, must conduct a thorough reform. And the president, is to overcome the disadvantages of the way.

    Of course, due to China is a big country, the governance of state affairs is very heavy, and we are opposed to the "separation of the three powers" of the concept of "unity of parliament", I is not advocating American that typical presidential system or discretionary presidential system, but similar to (but not equal to) the two sides. Strong presidential system, that is, half semi presidential cabinet system, or the president under the leadership of the responsibility cabinet system. The heads of state innovation system, is a part of the constitution of our country revolution content.

    As for the form of constitution revolution, to be returned to us in this first part of the "era of people be in power, the constitution is essentially the proposition of political contract.". Since the constitution is a political contract, the realization of constitutional revolution, when the Communist Party and the democratic parties Chinese through political consultation agreement, forming a new constitutionMethodThe draft, after discussion, modification by the National People's participation, in accordance with the prescribed procedures for people's Congress approved the promulgation.

    For this purpose, the author has drafted a new "draft constitution of the PRC (scholars proposal)", a total of19Chapter,171Article. The constitutional text, structure is as follows:

    Sequence  Words

    First chapter  General provisions (article1-12A)

    The second chapter  The rights and duties of citizens (article13-25A)

    The third chapter  The political party system (article26-37A)

    The fourth chapter  The state structure and administrative division (section38-48A)

    The fifth chapter  The highest organ of state power (article49-59A)

    The sixth chapter  The highest organ of the State Council (No.60-66A)

    The seventh chapter  Head of state (article67-71A)

    The eighth chapter  The Central People's Government (No.72-78A)

    The ninth chapter  Judicial and procuratorial organs (article79-90A)

    The tenth chapter  The Constitutional Council (No.91-98A)

    The eleventh chapter  The local government and grass-roots political power (article99-108A)

    The twelfth chapter  The regime of regional national autonomy (article109-115A)

    The thirteenth chapter  The community autonomous organization (article116-118A)

    The fourteenth chapter  The relationship between levels of government (article119-125A)

    The fifteenth chapter  Our organization (the national production126-131A)

The sixteenth chapter  The basic national policy (article132-162A):

The first section  Defense, diplomacy (article132-137A);

The second section  Economic policy (article138-143A);

The third section  Education, culture (article144-147A);

The fourth section  Labor and employment (article148-153A);

The fifth section  Social undertakings (article154-162A)

    The seventeenth chapter  The relationship between international law and domestic law (article163-165A)

    The eighteenth chapter  The national flag, national emblem, the capital (article166-168A)

    The nineteenth chapter  Supplementary Provisions (article169-171A)

                        (1999Years5Earlier this month,2005Years7On draft)

 

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --

 

Note[1]Hart: "the concept of law", China encyclopedia press1996Years Chinese version, Article1Page.

    Note[2]:[Su]Yaweici with "the general theory of law philosophy and social problems --", Liaoning people's Publishing House1986Years Chinese version, No.93Page;[Su]Alexeyev "the general theory of law" (the book), publishing house of law1988Years Chinese version, No.102Page.

    Note[3]Yu Chau: "the rule of law and rule of constitution", "social science"2005No.1Period.

    Note[4]: "selected works of Stalin", 2, people's Publishing House1979Year edition, No.398Page.

    Note[5]Yu Chau: "on civil law revolution", "social science"1997No.12Period.

Note[6]Lenin: "great pioneering work", "selected works of Lenin", people's publishing house, No.3Version, the4Roll, No.9-10Page.

Note[7]See also: "the international communist movement"1984No.1The period of high discharge; Lenin in the original carrier "the complete works of Lenin" Chinese first edition, the26Roll, No.318Page and other places.

Note[8]Yu Chau: "our head system reform of" carrier "," Tsinghua law (Tsinghua University Press) sixth series, No.213Page-225Page.