Peking University Law Professor, doctoral tutor Gong Xiantian:Who in the hell is lawlessness?--Analysis on the government shut down the site behavior

 

Author:Gong Xiantian2012-12-16

Source:The East is red social network  

Http://www.dfhsk.org/a/guoshipingshuo/2012/1216/3196.html

 

    Our times, with the rapid development of science and technology revolution,"The information society"This word is no longer fresh, contemporary science and technology"The greatest invention"Said the Internet, not only for the dissemination of information fast velocity anomaly, participation main body is extremely unique advantages and the ways of communication widely, instant, synchronic, greatly facilitate the people the exchange of information, knowledge of science and technology communication and all kinds of thoughts, ideas, theories, theory and the communication, interaction and exchange. It broadens people observe the world vision to There was no parallel in history. speed, the revolutionary impact on the state of mind of people, thereby greatly improving the change the mode of thinking, people's life style of people, breaking the original work habits, improve and innovate the living environment of people; it not only provides a convenient channel for new for a large number of citizens and groups in safeguarding their legitimate rights, reflect and express personal views, opinions and demands, but also for the party and national decision-making more scientific, comprehensive, the system provides a more rapid and smooth channels of information and more comprehensive public opinion foundation.

    If the media the past monopoly capitalism period of development is mainly based on the plane and the electron carrier based, so, as a new era of media carrier of international financial monopoly capitalism period, known as the information technology to support a full range, no center, interaction, diversity, material carrier of anonymity and system the--Internet; Internet operation and play a role, will require the Communist factors and more; the information network technology's life, with a public property and share the essence from the day of its birth, contradiction and that privacy it operates with the traditional social wealth and exclusive more intense and sharp. The socialization of the required degree of progress in the development of science and technology in the new era with the front of the new leap and public property can not curb the increase of Internet information technology, in all this be jubilant, revolutionary dance for joy, confidence and high spirits at the same time; be private concept and exclusive people mind intention firmly bound, the traditional media can be filled with rumors of those forms of protection may not see the sun, dare not face all private, exhibiting sorrow, anxiety and fear, in this latest very revolutionary productivity before, began to be on tenterhooks, act with confusion, confusion that driven to distraction, not surprising.

    Internet information technology and society caused by the revolutionary change, is the women and children to talk, the world knows. China currently use the Internet citizens as early as far more than Yishu, people often use this as a kind of social civilization and progress of the phenomenon about the. However, in our country"NPC and CPPCC"After the end of the world, there is a frightful to the ear of events, i.e.4Month6To start the day, there are more than 80 websites have been government departments forcibly closed.

   The citizen, legal standard words and deeds, is the country's constitution and laws; for Party members, plus "the constitution of the Communist Party of Chinese" and discipline. In this paper, only this event block behavior according to China's constitution, the law and the constitution, are analyzed from the legal, discipline, Party's point of view, in order to teach at all levels of leadership and Comrades, especially party building experts and scholars all, be wrong and wrong, please criticize it.

About the large number of off the site of reason, according to the letter of the information provided on this site, there are mainly three: one is to publish a large number of illegal information; two is to attack the state leaders; three is false on eighteen. In the closed "Dongfanghong" network, said one reason only, he said"Found to have illegal information you online". When they ask what illegal information, they"Don't explain".

 

A block, in violation of the administrative law and the basic principles of administrative legality, contrary to the government under the rule of law spirit, the people's Government of severely tarnished reputation

Undoubtedly, close the legitimate operation website behavior administrative punishment behavior belongs to the government.

    (a) block in violation of "the people's Republic of China on Administrative Punishment Law"

    Close the legitimate operation sites, according to China's current law, species belonging to the "administrative punishment law" of the people's Republic of China the eighth administrative penalty of fourth"Shall be ordered to suspend production or business"In the closed.

    Our country's administrative punishment principle, law circle generally summarized as the following three, i.e.:1In accordance with the law, the principle of. Should be given administrative penalties, implemented by the statutory administrative organs in accordance with legal procedures.2The principle of fair, open. The administrative punishment must be based on a violation has occurred as the basis, punishment and violations of the fact, nature, circumstances and level of social harm. Give the law, regulations and provisions of administrative penalties for violations of law must be published. Unpublished, shall not be used as the basis for administrative penalty.3, principle of combining punishment with education. The implementation of administrative punishment, and correct the illegal acts, shall adhere to the principle of combining punishment with education, educate citizens, legal persons or other organizations to consciously abide by the law.

    "Administrative punishment law," the people's Republic of China for administrative punishment decisions, legal, the specific provisions of the principles and procedures of administrative punishment: thirtieth"Citizens, legal persons or other organizations to act in violation of the administrative order, shall be given administrative penalty according to law, administrative organs must ascertain the facts; if the illegal facts are not clear, no administrative penalty shall be imposed."

　 So, the government closed the legitimate operation site (to himself that the behavior of the closure legal operation website behavior referred to as"Blocking behavior"), to investigate whether or not? I can make nothing of it.

  "Administrative punishment law," the people's Republic of China thirty-first"The administrative organ before making a decision on administrative penalty, shall inform the parties make the facts, reasons and basis for the administrative punishment decision, and notify the parties shall enjoy rights."

　  Blocking behavior law enforcers tell the reason has three: one is to publish a large number of illegal information; two is to attack the state leaders; three is false on eighteen. However, for these three facts, the law enforcement are not provide relevant evidence and any legal basis.

    First, a"Release a large number of illegal information".When the administrative relative person (legal representative asked website)"Where the illegal information"When? Blocking behavior law enforcers made no answer, but let the administrative relative person"Self-examination"! The so-called self inspection, i.e."The sentence first"In the case, not through the investigation and Study on the first sentence, apparently belonging to the illegal behavior.

    "The one who claims the burden of proof"Is a fundamental principle of legal rights and obligations of the bear."Since the card illegal"And"A witness against himself"Do not all have the same violations of the law basic principle?

    Second, the so-called"Strike leaders".First of all, this is not the law makers should say official language, which is not the language of the law, no legal basis. Like the"He beat","His curse"And so on, can not be any punishment, only to violate the law of behavior, such as"Hurt","Killing","Insult","Slander","Framed"After the requirements and meet the legal requirements, can be in accordance with the law sanctions, with only the so-called beatings, curse, free and legal, moral, discipline and. So-called"Strike leaders"In our country, do not define any law, of course, did not give any provisions of punishment of aggressive behaviors, which in legal free. Secondly, blocking behavior law enforcers also does not provide the so-called"Strike leaders"Any facts and evidence.

    Third, the so-called"False assessment eighteen"The more absurd.First of all, as everyone knows, in our country, any violations, must be a violation of the protection of the law"Direct object"The behavior, a direct violation of the specific social relationships. Obviously"The Eighteenth National Congress of the CPC"These concepts are quite broad, the content is very much, but it does not constitute a specific social relationships, it is not the direct object. Secondly, no blocking behavior law enforcers details was shut a website published what or which is an article"False assessment eighteen". Third."The Eighteenth National Congress of the CPC"The Communist Party is on behalf of Chinese elect their own party, according to the usual practice in Beijing2012A meeting held."False"According to the Chinese dictionary, the popular explanation:1Illogically, unrealistic. 2At random."So called"Absurd criticism"Is for"The Eighteenth National Congress of the CPC"The"Unrealistic, unreasonable, arbitrary and random"Comment on. The relationship between the party and the people's political life once in five year event, even if some published articles belongs to this kind of talk, which is called"Absurd criticism", what harm to society? It is a violation of a law and regulations?

    Not to mention the general citizen, is the so-called era"Elite"Wearing a golden crown, experts, scholars and professors, including senior leaders, prominent appear in public political arena in the world, are they in the"The Eighteenth National Congress of the CPC"Prior to the"The Eighteenth National Congress of the CPC"Arguments must be"Practical, reasonable, not arbitrary and not random"The?

    Besides, the selected"The Eighteenth National Congress of the CPC"Representatives and leaders, undoubtedly belongs to"Public figure"They are of the same general, legal protection of citizens personal rights in the last, there is a rigid distinction between. Just because they enjoyed certain privileges to the national law, so they should bear the social public opinion supervision duty. For their comments, as long as it does not violate the Constitution and the law, such as Article thirty-eighth of the Constitution"The personal dignity of citizens of the people's Republic of China are not violated. Prohibition of civil insult, slander and false accusation by any means."Does not constitute the provisions of our criminal law, such as insult, libel, framed by the behavior, is allowed, for their misdeeds report and expose, do we not prohibited, but the advocates of? In official corruption crimes so rampant, construction of a clean and honest administration situation is so grim situation, because netizens comment, exposing a or some leaders and articles, even with the so-called"False statements", but, as long as there is a little element of truth, policymakers have to listen to the disclosure obligations, without any close the site right! They are not"To serve the people"Social public servant? Is there a"Social public servant"Is not allowed"The owner of the society"Discussion and criticism? Unless you"Public servant"Do deceptive guise, when"The master"Is the objective truth!

    Article forty-first of the constitution expressly:"Citizens of the people's Republic of China for any state organ or functionary, have the right to criticize and make suggestions; for any state organ or functionary of illegal acts, complaints, charges or complaints rights to the relevant state organs,......For citizen complaints, charges or report, the relevant state organs must ascertain the facts, responsible for handling. Any person may suppress and take revenge. The staff of state organs and civil rights violations by the loss of the people, have the right to compensation in accordance with the law."

    We are not in the feudal society, is the leader and expose to grade level or official size, small leadership, can let netizen exposure level even insulting, leading advanced, will not permit exposure; we are not in a capitalist society, by virtue of their power or capital, to manipulate public opinion tools, to expose what others can expose himself, is not. Even though we are"Characteristic socialist"What kind of relationship, should be clear."The socialist society"Is a genus of,"Socialist society"Is the kind of, some properties of the genus, not all attributes, genus, species must have! The socialist equality of civil rights, not only is the actual should be, and the constitution of our country there are clearly defined, namely the second paragraph thirty-third of the constitution:"Citizens of the people's Republic of China are equal before the law."

    The same for the incumbent leaders, do not allow the criticism of the masses, expose the approach is different, over the years, some people through websites and newspapers, and cooperate with international and domestic hostile to our practice of socialist glory China Communist and planted hostile forces and insurgents, clear violation of the Constitution and the constitution, theory foundation wantonly tampering and shameless castration of the guiding ideology of the party--Mao Zedong thought, with the most vicious language and the most obscene words, tried to demonize us a founding father of a country and the people all over the world. The great leader Mao Zedong on love, all rumors, insult and defamation can, a serious violation of the law, excuse me, you have to take what measures? You for your letter of the website? A few years ago the close relatives of the parties concerned to the judiciary mentioned reputation right infringement litigation, you been?

    "Administrative punishment law," the provisions of the people's Republic of China thirty-second:"The parties shall have the right to make a statement and defense. The administrative organ shall fully listen to the opinions of the facts, reasons and evidence, put forward by the parties concerned, shall review; if the facts, reasons or evidence are established, the administrative organs shall adopt. The administrative organs shall not by the parties themselves and aggravated punishment."

    Blocking behavior law enforcers if deprived of the parties Chen Shuquan and the right to defend themselves, also do not talk to heed the opinions of the facts, reasons and evidence, the party proposed natural a contemptuous disregard what review?

  "Administrative punishment law," the provisions of the people's Republic of China thirty-sixth"The administrative organ that citizens, legal persons or other organizations should be given administrative penalty according to law behavior, must be comprehensive, objective and impartial investigation, collect relevant evidence; when necessary, in accordance with the provisions of laws, regulations, can be checked."

    Excuse me black behavior law enforcers: you are"A comprehensive, objective, impartial investigation"Too? You get out, see the sun website illegal"Fact"And"Evidence"?

"Administrative punishment law," the provisions of the people's Republic of China thirty-ninth"Administrative penalties in accordance with the provisions of law thirty-eighth, shall make a written decision on the administrative penalty. The administrative punishment decision shall specify the following matters:

(a) the name or the name, address;

(two) in violation of laws, regulations or rules of the facts and evidence;

(three) species and the basis for administrative penalty;

(four) and the deadline for implementation of the administrative penalty;

(five) refuses to accept the decision of administrative punishment, ways and time limit for applying for administrative reconsideration or bring an administrative lawsuit;

(six) to name the decision on administrative penalty and the date of decision.

The written decision on the administrative penalty decision of administrative punishment must be stamped with the seal of the administrative organ."

Article forty-second"Administrative organs shall be ordered to suspend production or business......Administrative punishment decision, should inform the parties have the right to request a hearing; if the party requests a hearing, the administrative organ shall organize a hearing. The party shall not bear the cost of the administrative organ shall organize the hearing."

    Excuse me black behavior law enforcers, you made on the website of the"The written decision on the administrative penalty"? In accordance with the law, you make a written decision on the administrative penalty is a matter of legal provisions shall be included? You inform the parties have the right to request a hearing?

No. No. Or not!

   This is enough to prove that: the so-called lawbreaker, not by the website legal representative government shut down or the legal representative, but the implementation of block behavior of the government.

  (two) block in violation of the administrative law and the basic principle of administration according to law

    As everyone knows, the basic principles of administrative law are all links throughout the national administrative activities, is the common principles of administrative law norms reflected. In accordance with the law said, the basic principles of administrative law and it is divided into three, namely the administrative principle of legality, the principle of administrative rationality and the principle of administrative emergency.

    The principle of administrative legality. Also known as the principle of administration according to law or the principles of administrative law. Refers to the administrative activities must be based on law, strictly comply with the law. In particular, the principles of legality, administrative law requires that all parties must strictly comply with and carry out the constitution, laws and regulations, all administrative activities must be based on law, any subject of administrative legal relationship can not enjoy extraterritoriality, ultra vires acts in violation of the law is invalid, the norms of behavior should lead to corresponding legal consequences, all illegal administrative subject must bear the corresponding legal responsibility.

    The principle of administrative rationality, refers to the administrative legal relationship litigant behavior, especially the behavior of the executive, not only to legitimate but also reasonable, also is the discretion of administrative organs to be sensible, reasonable, appropriate, appropriate. Generally, request the administrative rationality principle1Administrative behavior, must conform to the laws of the objective;2Administrative behavior, there must be a reasonable motivation;3Administrative behavior, should consider the related factors, and does not consider the independent factors.

    In addition, there is a principle of administrative emergency, it is in some special emergency situations, the need for national security, public order or public interests, the administrative organ may take no legal basis or conflict with the legal measures in limit condition. That is to say, the special situation difficult to operate in the normal constitutional and legal system, the administrative organ may take the necessary emergency measures, even if the measures do not have legal basis or conflicts with the law, it shall be deemed effective. Here, the limiting condition is:1The immediate risk, unmistakable. It is USA Holmes--The Brandeis principle (i.e."The principle of clear and present danger"So-called"Clear and present danger"Applicable principles in the field of administrative law;2Afterwards, by the competent authorities for confirmation;3Right, should be subject to supervision organ;4The exercise of emergency powers, should be appropriate, should be negative damage control in degree and the minimum extent.

    In America, according to the constitutional protection of citizen's freedom of speech,1919Holmes inSchenckV.UnitedStatesIn the case of the"Clear and present danger"(ClearAndPresentDanger) standard of judicial review, Holmes ruling that:"In any case, the problem lies in the use of words are in the nature of such circumstances and verbal whether to initiate the clear and present danger, to lead the Congress shall have power to prevent occurrence of the essence of sin. This is a matter of urgency and the degree of the problem."Since then,"Clear and present danger"Become strict censorship standards on freedom of speech and expression of the constitutional court, if not the clear and present danger of speech will be protected by the constitution, in other words,"If a law is expressed in specific information or ideas to suppress or punishment with public value, so only the government to the Supreme Court to prove, remarks have caused a great sin'Clear and present danger'The court will decide the law, constitutional". (Fan Jinxue: "on USA judicial review of the substantive standards" to see the legal information,2011Years12Month13DayHttp://www.chinalawinfo.com/index.aspx)

    The principle of administrative emergency is the principle of administrative legitimacy principle, rationality principle, it is not free from the principles of administrative law, but a special and important content of it and the essential supplement.

    The above three principles, in front of that have been shut down the site as a violation of the basic principles, namely the principle of administrative legality, since it violates the first principle, that is not on the second principles. You can apply the principle of administrative emergency?

    There is no doubt, for the third principles, closed network behavior is completely contrary to the.

    According to the constraints of the application of this principle:

    First, the immediate risk for unambiguous, also means that there is"Clear and present danger". I would like to ask in2012Years4Month, national security, public order or public interest there is a clear and present danger? Must be closed more than 80 sites to eliminate this risk? Not at all!

    If say at that time (2012Years4Month) national security, social order and public interests are at stake, that is: violation of the Constitution and the law, and the proportion of the loss of national economy dominant position of the public ownership increased; privatization leads to social polarization, polarization between the rich and the poor peasants and social status, become increasingly deepened; the State Council continues to introduce vigorously support non-public economic (private economy ") after the development policy, the start of the year our country economy completely, completely privatized unconstitutional measures are being increasingly accelerated implementation; including the world bank world capitalism manipulation out of the report"2030Years of Chinese: led to the construction of modern, harmonious, creative high income society ", economy of our country, further colonization of crime is more and more obviously; after privatization wildly beating gongs and drums in the economic field, busy years China's economic foundation, has undergone fundamental change, social production no longer in order to meet the people's growing the material and cultural needs of socialist principles, and gradually developed and deepened as the principles of capitalism the pursuit of profit at the same time, in the realm of the superstructure, in"Strategic plan by hostile forces for westernization, differentiation of China did not change"Under the premise, accompanied by the political system reform, people to meet and cooperate with the international capitalism"Westernization","Differentiation"Our country's criminal conspiracy, advocated and promoted the"Universal value"View, obsession and praised the so-called"Constitutional democracy", worship and preaching western bourgeois freedom, equality and human rights concept, not only completely deny the cultural revolution, and completely deny the socialist system of our country, the people's democratic dictatorship Chinese negation, negation of the leadership of the Communist Party and Marxism Leninism and Mao Zedong thought, causing great confusion in the field of thought and culture, so that the social moral decay faster and faster more and more cases, social security, social crime is more and more serious, official corruption is more and more difficult to contain; in recent years, the criminal annual new produce millions every year, public security case occurred in more than 10 million pieces, group events and social frequent,......This is the danger of our society and the source of danger.

    However, Chongqing in the past few years, because the constitution, party and government leaders according to legal policy, in accordance with the Central Committee and the General Secretary Hu deployment and instructions, emancipate our minds, use their brains, the implementation of a series of measures to win common feelings of people, not only to Chongqing to visit the Central Political Bureau Standing Committee of the 2/3 affirmation and praise, also make the most of the citizen benefit; not only the local leaders by the masses love wholeheartedly, Chinese party and government reputation in the masses of the people of Chongqing have been restored to some extent; the Chongqing incident, in the"NPC and CPPCC"After the end of a press conference, as the country's prime minister, not only for his term of office, criminals sentenced by the year75Wan Zengzhi100Million, public security cases, by the year500Million to1200Million"Achievement in one's post"No reflection of Italy, but named Chongqing City"We must reconsider". The fact there was one-sided public opinion, especially in Chongqing in recent years has been knocked down and destroy the evil forces, trying to confuse right and wrong, confuse right and wrong, as the corrupt cadres and unscrupulous businessmen suffer the punishment and complain about for justice to cover up, or is likely to cause problems for Chongqing decision-making and treatment failure risk central leadership.

    Later the site was closed, was to the Constitution and the law as a weapon, published to defend the basic principles of the constitution, resist and oppose completely complete privatization, support Du Jianguo as the representative, are patriotic people against the World Bank report and expose the evil conspiracy against the import of genetically modified crops, such as paper, at the same time, both praised Chongqing exploration of the article, there are disclosed including leaders close relatives in the economic field occupies the important position and to control the amount of information of social wealth, and it is this kind of soon to be off the site, then published articles in pointing out and telling, to remind and warn the people of our country where the real danger! It is not their website raised alarm and sound the alarm?

    In accordance with the principle of administrative emergency, blocking behavior is not different and run counter to one's desire?

    Take the illegal closure measures for social early warning site, is to cover up a few leaders and corrupt cadres betrayal of Marx doctrine, the words and deeds, say yes and mean no, crazy"Universal value"Crazy worship capitalism, wantonly slander, socialist, but put on a pair of loving people to help people face, actually do cheat people harmed people's activities? Is it for their truth is laid bare and feel what risk?

    Obviously, the latter said risk, after all, is a dangerous minority, personal danger, while the former said danger does the law, risk is related to national security, public order or public interest!

    Closed network behavior, whether to a few people or someone danger was revealed, and the state, social and public risk to ignore?!

    Second, it should be the right agency to confirm. Emergency risk even if there was no unambiguous, if somewhat legal concept, it should be corrected, but not confirmed. Six or seven months have passed, yet"DANGER"Already did not exist? But the site is still closed.

    Third, supervision by competent authority. China's administrative organs who supervised? The constitution authority (NPC) and judicial supervision of administrative organs, including the Communist Party organization is the supervision organ. However, for such illegal acts the government shut down the site, six or seven months is not a department to supervision!

    Exercise fourth, emergency power should be appropriate, should be negative damage control in degree and the minimum extent. Negative damage control? Instead of controlling, but also because of the government's violations continue again and again, in fact damage in a widening. 

    In addition, the establishment of administrative action is the validity of administrative act as the premise. Some conditions for the establishment of administrative act must have, is called the effective elements. Common elements to establish various administrative acts are mainly:1The subject, the legal behavior, the administrative organs and there are legal basis, have the qualification of administrative subject.2, behavior must be in the executive authority, ultra vires is a basic principle of administrative law.3The legal content, behavior. The behavior of the content to be possible, clear, in accordance with the provisions of public interest and the law.4Act in accordance with legal procedures.5Act in conformity with the statutory forms.

    The administrative behavior of the administrative organ only with the above conditions, only effect. The implementation of this block behavior, namely the lack of the relevant government departments3, No.4, No.5Elements, so the administrative behavior can not be established, administrative act is null.

    The validity of administrative act includes1To determine the force. After the founding of administrative behavior, not in accordance with the law shall not be arbitrarily changed or cancelled, namely the unchangeable force.2, binding force. The contents of administrative act related to binding, including the binding force of administrative authorities and shall be binding on the administrative relative person.3, executive force. After the founding of the administrative act, the administrative organ shall take measures, make the contents of administrative act can be played fully realized, also known as the implementation force.4, credibility. Refers to the administrative relative person for the state administrative organs to implement the administrative behavior trust and loyalty degree, it is directly related to the extent of the validity of administrative act.

    Because the blocking behavior does not have elements of valid, so it has no such effect, however, here the author needs to be emphasized is, it is a great damage to the credibility of the government is.

    Through the above analysis, the censorship act violates the basic principles of administrative law.

    The state administrative organs, shall perform the following obligations:1, implement the Constitution and laws, in accordance with the law of obligations;2, protect the legitimate rights and interests of citizens and social organizations, actively and effectively for the people service obligation;3, assume legal responsibility, and accept supervision according to law, to correct the improper, illegal behavior and in accordance with the law, compensation, compensation obligation to.

    The control block behavior fact and law and the general principle of law, the administrative organs of the state did not win any reputation of law-abiding, but they have largely lost credibility.

    So-called"The basic principle of administration according to law"The following, according to the State Council promulgated March 22, 2004 "comprehensively promote administration according to law" compendium of expression:"The basic principle of administration according to law. Administration according to law must adhere to the unity in the leadership of the party, the people be in power and the rule of law of three; to safeguard the fundamental interests of the overwhelming majority of the people as the starting point of the work of the government; to maintain the authority of the constitution, to ensure the unity of the legal system and government decrees; we must take development as the first task in governing and rejuvenating the country, adhere to the people-oriented and comprehensive, coordinated the sustainable development concept, the promotion of economic and social development; to rule by law and rule by morality organically, to vigorously promote the development of socialist political civilization, construction of spiritual civilization; to promote administration according to law and deepening the reform of the administrative system, the transformation of government functions organically, adhere to the unity of innovation and step by step, not only to embody the spirit of reform and innovation, but also has the plan, step by step to classified advancement; must adhere to administration according to law and improve administrative efficiency of unity, it is strictly according to law, and actively fulfill their duties."

    In contrast, the government promulgated the document"Basic principle'And their close net behavior, who violate, who abide by, obviously, I no longer say.

    As for the judicial organs, although capitalism legal system as a whole and fundamentally is to safeguard the interests of the bourgeoisie, but as some judicial procedures and technology development is the product of social civilization, but not class specific attributes, eighteen present"The system construction in a prominent position, give full play to the superiority of China's socialist political system, and actively learn from the achievements of political civilization of mankind, we will never copy the western political system."Among them, learn from the achievements of political civilization of mankind, I think, is included in this. In the case of development of the legal system of USA effect, namely from Maxwell (Shepard v.SheppardV.MaxwellIn the case of), because the media over the public before the court hearing and the court of appeal, and improper behaviour in court, the defendant actually lost's right to a fair trial. Thus American Court: the court and the court all the facilities by the court, judges should have the responsibility of strict control of the court and the court premises environment to ensure that the media and the public do not interfere with the accused to a fair trial. Including judges can be by several procedures to eliminate adverse effects, potential reported: (a) has postponed the trial of the case until the danger of prejudice; (two) if the relevant reports have not filled the whole state, the case transferred to another county, or the introduction of jury to replace the transfer case from another county area; (three) pre audit supervision of the jury pool, to ensure that the defendant's innocence and not have the preconception candidates not selected the jury; (four) isolated from the witness or at least warn them before testifying don't listen to media reports for litigation; (five) ordered a new trial; (six) issued a restriction command, all the parties against the case make a tendentious statements to the media.

    For events in Chongqing, several major trial of the case, the relevant organizations and bodies not only thought out whole public opinion may affect the interference judge justice, for domestic and foreign manufacturing rumor sites laissez faire, but only the illegal exclusion and outrageous pressed until the public opinion quickly close the published website, is this fair the? The judicial authorities not only deferred trial, but the acceleration, in a very short time close attention of all over the world, the influence of foreign-related cases, isn't that strange? During the period, actually had the netizen questioned the defendant is"False"The anecdote! This is not a mockery of the rule of law and the rule of law? All of these not to our legal system to open a big joke?!

    (three) the censorship violation of government under the rule of law spirit, the people's Government of severely tarnished reputation

    First, the censorship violates to the solemn commitment of the people

    1997Years9The party's Fifteenth National Congress"Ruling the country by law, building a socialist country ruled by law"The basic strategy,1999Years3Ninth the second session of National People's Congress's constitutional amendment to the constitution, namely, the "people's Republic of China Constitution" article fifth"The people's Republic of China to implement the rule of law, building a socialist country ruled by law.1999Years11Month8Japan Prime Minister Zhu Rongji is the State Council promulgated the "decision on comprehensively promote administration according to law";2004Years3Month22Wen Jiabao as prime minister, the State Council promulgated the "Outline" comprehensively promote administration according to law, after six years2010Years10Month10The State Council issued "on the strengthening of the rule of law government construction of opinions", in the meantime, the CPC Central Committee2004Years9Month19Through the "on the strengthening of the party's ruling ability construction decision". The literature systematically expounds the guiding ideology, basic principles and basic requirements of administration according to law, stipulate the state organs and all the staff of the goal and responsibility,At the same time that the Party Central Committee and the State Council to implement administration according to law and building a government under the rule of law of the confidence and determination, this is a solemn commitment of the whole Party and people, but also contains people's hopes and expectations, it is the Party Central Committee and the central people's government executive ability and credibility of a specific test.

    It is directly related to the several files and blocking behavior of the local list, in order to control, have a look who break the law?

     "A decision" comprehensively promote administration according to law:

     1999Years11Month8The State Council pointed out in "a comprehensively promote administration according to law" in the decision:"The 15th Party Congress put forward: the rule of law, is the basic policy that the party leads the people in running the country. The two session of the nine national people's Congress constitutional amendments'The people's Republic of China to implement the rule of law, building a socialist country ruled by law'Thus, the basic strategy of governing the country according to law is the fundamental law of the state security. Administration by law is an important part of the rule of law, to a large extent is of decisive significance to implement the basic strategy of governing the country according to law."

"Decision" pointed out:"Governments at all levels and departments must unify the thought, renew the idea, improve the understanding of the importance of administration according to law. The rule of law reflects the new era of fundamental characteristics of the ruling party leadership, is from the overall situation, all the long-term rule. Administration according to law as an important component of the basic strategy of governing the country according to law, reflects the basic characteristics of administrative authority operation way, important aspects of itself is the embodiment of the ruling status of the party and the ruling function, also is the work from the overall and long-term rule, governments at all levels and all departments of the government. The use of administrative power, fully embodies the nature of national political power, closely relates to the social public interests and personal interests, is the cause of socialism with China characteristics of success or failure. Governments at all levels and all departments of the government staff, especially leading cadres, to strengthen our party's ruling status, the maintenance of state power height. According to the nature of the socialist state of our people's democratic dictatorship, comprehensively, deeply understand the spiritual essence of administration according to law, fully understand the significance of administration according to law, enhance their awareness of law, and constantly improve the ability and level of administration according to law."

   "Decision" also pointed out:"Governments at all levels and all departments of the government leadership to recognize their historical responsibility, take the lead in administration according to law. The administration according to law as a major reform, development, stability, to truly implement each aspect, each link of the administrative activities. To fundamentally change the already can not adapt to the rule of law, the traditional concept of administrative requirements, work habits, methods of work. Governments at all levels and all departments of the government and its cadres, must strictly abide by the Constitution and the laws and regulations, strictly carry out the policy of the party and state, discipline, take the lead in accordance with the law, law making, processing issues according to the law, effective leadership, supervision, support the local, the departments in strict accordance with the law."

    "Decision" also pointed out:"Conscientiously fulfill the duties conferred by the Constitution and laws, in strict accordance with the statutory authority and procedures, management of national affairs, economic and cultural undertakings and social affairs, do not neglect of duty, and not ultra vires; not only to protect the legitimate rights and interests of citizens, but also improve the administrative efficiency, to safeguard public interests and social order, to keep the government running efficiently on legal orbit, push forward the smooth development of various undertakings."

    Especially the "decision" pointed out:"Comprehensively promote administration according to law, must be the law, be strict in enforcing the law, illegal. All administrative actions at all levels of government and government departments and their staff must comply with laws, regulations, and earnestly do according to the law, strict enforcement of the law. Government, administration according to law, must be just and stern, enforce the law strictly, never allow the breach of privilege, law enforcement, favoritism. We must resolutely eliminate corruption in law enforcement, adhere to the correct departmentalism and local protectionism regardless of national interests and the fundamental interests of the people. To break the law, regardless of what units, what people, are to be severely punished according to law, warn others against following a bad example."

    When it comes to strengthen the supervision to the administrative enforcement of law of the time, "decision" point"Governments at all levels should conscientiously......Accept the people's supervision, the supervision of public opinion."

    As everyone knows, according to the basic principles of the rule of law and our country's practice, usually the State Council promulgated the legally effective documents, in does not expressly abolished before, its effectiveness is continuous, so the Prime Minister Zhu Rongji period published "on comprehensively promote administration according to law" is undoubtedly the decision after the government is completely applicable. The following two files and blocking behavior Wen Jiabao prime minister the State Council promulgated the control of.

   "Implementation outline for comprehensively promoting administration according to law"

    The State Council2004Years3Month22Promulgated the "comprehensively promote administration according to law that outline":"To comprehensively promote administration according to law, building the government governed by law.......Uphold the party's leadership, adhere to governing for the people, faithfully perform their duties conferred by the Constitution and laws, protect the citizens, legal persons and other organizations of the legitimate rights and interests,......Comprehensively promote administration according to law, after ten years of unremittingly efforts, the basic realization of goal of building the rule of law"

    "Adhere to governing for the people, faithfully perform their duties conferred by the Constitution and laws, protect the citizens, legal persons and other organizations of the legitimate rights and interests,......Comprehensively promote administration according to law, after ten years of unremittingly efforts, the basic realization of goal of building the rule of law"

    "Laws, regulations, rules and the comprehensive, correct implementation, the unity of the legal system, government decrees, citizens, legal persons and other organizations of the legitimate rights and interests effectively protected, violations have been corrected in a timely manner, sanctions,......The scientific and democratic, standardized administrative decision-making mechanism and system formed basically, the requirements of the people, will receive timely reflect.......Administrative management be open, fair, justice, convenience, efficiency, integrity."

   "The administrative personnel, especially leading cadres at all levels, the concept of administration according to law is obviously improved, and respect for the law, respect the law, abide by the laws of the atmosphere is basically formed; the administrative capacity increased, good use of legal means to manage economic, cultural and social affairs, can properly handle various social contradictions."

    Please note, laws, regulations, rules and the comprehensive, correct implementation, the unity of the legal system, government decrees, citizens, legal persons and other organizations of the legitimate rights and interests effectively protected, violations have been corrected in a timely manner, sanctions. The requirements of the people, will receive timely reflect. Administrative management be open, fair, justice, convenience, efficiency, integrity. Respect for the law, respect for law, abide by the laws of the atmosphere is formed basically, it said only listen to the others?

    The basic principles of administrative law, "compendium" put forward:"Administration according to law must adhere to the unity in the leadership of the party, the people be in power and the rule of law of three; to safeguard the fundamental interests of the overwhelming majority of the people as the starting point of the work of the government; to maintain the authority of the constitution, to ensure the unity of the legal system and government decrees."

    Is to safeguard the fundamental interests of the overwhelming majority of the people as the starting point of the work of the government? Basic constitutional rights is not the fundamental interests of the people? If not, then why call basic rights?

    On the basic requirements of administration according to law, "compendium" in legal administration, reasonable administration, also rules:"The procedure. Administrative organs to implement the administrative management, except those involving state secrets and to be protected commercial secrets, personal privacy, shall be disclosed, listen to the citizens, legal persons and other organizations; to strictly follow the statutory procedures, ensure the administrative relative person, the interested party's right to know, right to participate in and relief of the right to. The working staff of the administrative organs to perform their duties, has interest relations with the administrative relative person, should be avoided."

    "The procedure"? The block and a little program idea?

    "Outline" provisions"The unification of the power""Illegal administrative organ or the improper exercise of authority, it shall bear legal liability in accordance with the law, to realize the unification of power and responsibility. In accordance with the law, have the right to do law enforcement protection must have the responsibility, with the power supervision, illegal infringement shall be prosecuted, compensation."

    Please see:"Power comes with responsibility, with the right supervision, illegal infringement shall be prosecuted, compensation."This is a good thing! But, isn't suitable site was closed?

    Especially the "Outline" also stipulates:"In strict accordance with the statutory procedures for the exercise of power, duty. An administrative organ, the administrative relative person interested person adverse administrative decision, it shall inform the administrative relative person, interested persons, and give the statement and hearing; administrative decision, should inform the opposite person to the Administration entitled to apply for administrative reconsideration or bring an administrative lawsuit rights according to law. On important matters, the administrative relative person, any interested party requests a hearing, the administrative organ shall organize a hearing. The administrative organ to exercise the discretion in the administrative decision, it shall explain the reasons. To solve the administrative organs in violation of the interests of the masses of the people exercise power infringement problems."And"Strengthening social supervision. People's governments at all levels and departments to protect the citizens, legal persons and other organizations, the implementation of the supervision of the administrative rights according to law, broaden the channels of supervision, improve the supervision mechanism, and create conditions for the supervision over the implementation of the citizens, legal persons and other organizations. To improve the masses to report violations of the system. To attach great importance to the news supervision of public opinion, to seriously investigate, verify the news media reflect problems, and shall make timely treatment."

    Please the reader's own control, the author without them.

   "On the strengthening of the construction of rule of law government.":

    2010Years10Month10Issued by the State Council on "on strengthening the construction of government by law opinion" point out"In the new situation to thoroughly implement the basic strategy of governing the country according to law, and comprehensively promote administration according to law, further strengthen the construction of the government under the rule of law, we hereby put forward the following opinions."

  "Opinions" on the significance and urgency of strengthening the construction of government by law, points out that the:"Implement the basic strategy of governing the country according to law, to promote administration according to law, building the rule of law government, is our party governing revolutionary changes in concepts and methods, it has an epoch-making significance."

   Is a revolutionary change, and is of epoch-making significance, the rule of law, administration according to law and building a government under the rule of law, to mention how high they are also, say what also Qihao! The control block, do how?

   "Opinions" pointed out in the domestic and foreign environment is complex, social contradictions increase up to and including unfair enforcement, administrative not as arbitrary as the problems are more prominent, wrote:"To solve these problems, we shall further deepen the reform, strengthen the system construction, strengthening the supervision and restriction on the administrative power operation, promote administration according to law, building the government governed by law."

    This is clearly written"Strengthening the supervision and restriction on the administrative power operation"True, but once the supervision, especially the people's national supreme organ of supervision, greatly reduced! Even thousands of citizens signed letters of the letter on many occasions, not like a clay ox entering the sea no news?

　 "The current and future periods, to thoroughly implement Scientific Outlook on Development, conscientiously implement the basic strategy of governing the country according to law, and further increase the "Outline" implementation efforts, the construction of the rule of law government as the goal, innovation system and mechanism is the administration according to law as a breakthrough to enhance global, leader cadre consciousness and ability of administration according to law, improve the quality of system construction, to normalize the operation of administrative power, to ensure the strict implementation of laws and regulations as the focal point, and comprehensively promote administration according to law, and continuously improve the credibility and executive force, to play a greater role in order to ensure sound and fast economic development and social harmony and stability."

    Block behavior is to improve the credibility of the government was greatly weakened or lost the credibility of the government?

    Especially the "opinions" on the strict fair and civilized law enforcement issues, said:"To strictly perform their duties according to law. The administrative organs at all levels should consciously in the Constitution and law, and strictly in accordance with the statutory authority and procedures for the exercise of power, duty.......Efforts to improve the credibility of the government, no laws, regulations, rules, shall not make affect the rights and interests of citizens, legal persons and other organizations or increase the obligations of the decision of administrative organs"

　  The blocking behavior which has a law, regulations, rules?

    On the standardize administrative law enforcement behavior, "opinions" put forward:"The administrative organs at all levels should strengthen the consciousness of the procedure, strictly according to the procedure of law. Strengthen the process of system construction, refining the law enforcement process, the enforcement process and procedure, procedural safeguard. To deal with the administrative relative person equality, the same situation equal treatment. The means and measures of administrative law enforcement agencies to deal with illegal behavior appropriate to moderate, try to avoid or reduce the damage to the interests of the parties. The establishment of administrative discretion benchmark system, scientific and reasonable quantitative thinning, administrative discretion, perfect rules, strictly regulate the exercise of discretion, avoid the arbitrariness of law enforcement. Perfecting administrative law enforcement investigation rules, norms forensics. Adhere to the civilized law enforcement, not manhandled parties, shall not infringe the dignity of law enforcement objects."

　  Are these the only paper writing, says on the mouth?

    At the same time, "opinions" and intensify administrative supervision and accountability:"Consciously accept supervision.......Widen masses channels of supervision, safeguard the people's supervision of the government's rights according to law. Improve the masses to report complaints system. Attaches great importance to the supervision of public opinion, support the news media to illegal or improper administrative acts of exposure. For the people to report complaints, the news media reflect problems, the relevant administrative authorities shall carefully check, timely and dealt with in accordance with the law, and the results will be announced to the public."In addition to the accountability issues, wrote:"Strict administrative accountability","Adhere to the Mistakes must be corrected whenever discovered, has the responsibility to ask"Etc..

    Block is protected people's government supervision rights or pressing, strike, retaliation, deprivation, destroy the people to supervise the government rights?

    Second, block behavior is the opposite of people's government's prestige and the image

    According to the "administrative punishment law," the provisions of the people's Republic of China fifty-fifth:"Administrative organs to implement the administrative punishment, in any of the following circumstances, correction by the superior administrative organ or the relevant department shall, to the persons directly in charge and the other persons directly responsible shall be given administrative sanctions: (a) there is no legal basis for administrative penalty;......(three) in violation of the statutory administrative punishment procedures."

    Blocking behavior obviously with the above two kinds of circumstances, the relevant departments shall be ordered to correct? The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions made?

Step back and say, even if the State Council is not separately issued the documents, should also fulfil the constitution had stipulated obligations:

    "People's Republic of China Constitution" of the "general" provisions:"The constitution to the legal form of struggle of the people of all ethnic groups that China achievements, defines the basic system and basic task of the nation, is the fundamental law of the state, has the highest legal effect. The people of all ethnic groups, all state organs......The country must take the constitution as the basic standard of conduct, and for the maintenance of the dignity of the constitution, to ensure the implementation of the constitution duties."

    "People's Republic of China Constitution" article fifth:"The people's Republic of China to implement the rule of law, building a socialist country ruled by law. The national safeguard the uniformity and dignity of the socialist legal system. All state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law. All activities that violate the Constitution and laws, must be investigated. No organization or individual may be beyond the constitutional and legal privileges."

    "People's Republic of China Constitution" article twenty-seventh:"All state organs......The system of responsibility for work, carry out staff training and examination system, improve the quality of work and efficiency, oppose bureaucracy. All state organs and functionaries must rely on the support of the people, keep in close touch with the people, listen to their opinions and suggestions, to accept the people's supervision, and strive to serve the people."

    Perhaps, some people will say, blocking behavior is the behavior of local government, independent of the central government.

    First, the relationship between local government and central government, the constitution expressly provides that the constitution, article eighty-ninth"The State Council shall exercise the following powers: (four) the unified leadership over the work of local organs of State Administration at different levels,......"In other words, the central government for violating the law and discipline the behavior of local government, can not shirk the responsibility of leadership; second, if there is no central government directives or instigate, local government any staff of this large-scale, long period, decisive and block action rapidly absolutely does not have the guts, determination and verve!

     This includes data for the behavior of law, the central government's prestige and the image not only suffered serious damage, but also to blame the responsibility! Besides, the State Council has repeatedly issued documents, repeatedly promised during the ruling of law and promised ten years to build a government under the rule of law? Promise promised repeatedly and repeatedly fails, it does not become lie and cheat? What is the credibility of the government?

    Third, block behavior deviated from the hair yellow "to" Yanan spirit

    China's famous democratic personage Mr. Huang Yanpei and Mao Zedong in Yanan had a deep talk, this conversation led him to write a book back from Yanan, called "Yanan return", in the book he recalled his and Mao Zedong's this conversation, is the famous about"The cycle rate".

Mao Zedong asked:"Mr. Ren, these days you through what one sees and hears, how do you feel?"

Huang Yanpei said the appropriate:"I was born more than sixty years, what you don't say, the eyes to see, the so-called real'Its Hing also, Yan dying suddenly', a person, a group, a, a local, and even a country, many units are not able to escape the cycle rate of power. When the first concentrate one's attention on, there is no need of the heart, not a person is not hard, maybe then difficulties and hardships, only from the dead in a lifetime looking. Then the environment gradually improved, the spirit will gradually down. Because some long, natural inert attack, by a few acting for the majority, to conduct form, despite the strong, can not be reversed, and cannot be remedied. Also in order to expand the area step by step, it expands, some for the natural development, some exploits to demand driven, development, to the cadre talent gradually impoverished, difficult to cope with the increasingly complex environment when, back up, it tends to be weak control force. A history,'Zheng Huan Cheng'Also have,'When a man dies his administration will be cast away'Also have,'Can take insult'Also have. In a word can not jump out of this cycle rate."

Mao Zedong answer:"We have found a new way, can we get out of this cycle rate. The new road, is democracy. Only allow people to supervise the government, the government would not dare lax. Only when everyone up responsible, don't renwangzhengxi."

Huang Yanpei and the dialogue of Mao Zedong, person"Cave in"By the later generations, even cited as a classic of political power construction. As everyone knows, hair yellow "to" Yanan spirit is the basic spirit of our Communist Party anti-corruption, is to develop people's democracy, as far as possible, try various devices to allow the people to supervise the government, everyone up responsible, avoid corruption of national subjugation and the possibility of.

     The block, not allowed and suppress the people to supervise the government, not only against the law, but also the fundamental deviation"Cave in"The spirit of.

 

    Two, block in violation of constitution, violations of the fundamental rights of citizens, a serious departure from the nature of the regime of socialist countries

    First, principle block behavior was a violation of the Constitution

    "People's Republic of China Constitution" article second:"All power in the people's Republic of China belongs to the people.......The people in accordance with the law, through various channels and in various forms, management of state affairs, manage economic and cultural undertakings, the management of social affairs."In the second paragraph twenty-seventh stipulates:"All state organs and functionaries must rely on the support of the people, keep in close touch with the people, listen to their opinions and suggestions, to accept the people's supervision, and strive to serve the people."Article forty-first:"Citizens of the people's Republic of China for any state organ or functionary, have the right to criticize and make suggestions; for any state organ or functionary of illegal acts, complaints, charges or complaints rights to the relevant state organs,......"

    The government closed the legitimate operation site, cut up with a considerable part of the masses, cannot listen to the views and suggestions of their right, meanwhile, will deprive them of their right to supervise government and national staff. 　　

    Second, block behavior completely deprived of basic civil rights--The right of free speech

   "People's Republic of China Constitution" stipulates clearly that the thirty-fifth:"Citizens of the people's Republic of China, published speech, assembly, association, parade, demonstration of freedom."Freedom of expression is the first basic constitutional rights of citizens. Close the web site's behavior, is deprived of part of speech of citizen right. Obviously, the freedom of speech is a basic civil rights prescribed by the constitution of china. It is the premise of citizen according to the wishes of their own constraints in does not violate the law and social ethics, the right of free expression of ideas. Protection of citizens the right to free speech, a provision is the international law and the provisions of our constitution. To promote and improve the democratic politics, discovery and dissemination of knowledge, cultivate and improve the quality of citizen, has become a consensus.

    Published article right on the site, according to the world the consensus of scholars, which belongs to the right of freedom of speech in the right to freedom of expression and communication rights. Blocking behavior, is deprived of a considerable part of the fundamental rights of freedom of speech.

    The nature of the state third, block behavior and the people's democratic dictatorship diverging

    China's Constitution clearly stipulates the legal position of the people in the country and the society. The people's democratic dictatorship of the state protects the people. Comrade Mao Zedong pointed out early:"The state protects the people. The people of the country, people can be in the range and the whole scale, uses the method of democracy, education itself and transform themselves, make oneself influence from the domestic and foreign reactionaries of (the now is still very large, and will in the long period of time in the memory, can not be quickly destroyed), the transformation of their own from the old society to bad habits and bad thoughts, don't make them into the reactionaries of the wrong road, and continue to move forward, to the socialist society and Communist society.......The method we use in this area, is the method of persuasion of democracy, rather than forcing method. People broke the law, he too should be punished, but also to be in prison, also have the death penalty, but this is the number of individual cases, and the reactionary classes as a class dictatorship, is the principle of distinction.""On the people's democratic dictatorship"

    "Our country is the people's democratic dictatorship led by the working class and based on the worker peasant alliance countries.......Aim of this dictatorship is to protect all the people's peaceful labour, to build China into a modern industry, modern agriculture and modern science and culture of the socialist state. Who is to exercise dictatorship?Of course, it is the working class and the people under the leadership of the. Dictatorship does not apply to the people's internal. People not to his dictatorship, not by a section of the people oppress another people.......Among the people is democratic centralism. Our Constitution:Citizens of the people's Republic of China, published speech, assembly, association, parade, demonstration, religious beliefs and so on freedom. Our Constitution also provides:State organs to implement democratic centralism, state organs must rely on the masses, the personnel of organs of state must serve the people. Our socialist democracy is any bourgeois countries may not have the most extensive democracy. Our dictatorship, is the people's democratic dictatorship led by the working class and based on the worker peasant alliance. This shows that, democracy within the ranks of the people, by the people working class unity of all the rights of farmers, first of all, towards molecular reactionaries, the reactionaries and against socialist transformation and socialist construction of dictatorship. By civil rights, in the political aspect, that is to say the rights of freedom and democracy.""On the correct handling of contradictions among the people"

    Without the people's democratic dictatorship socialist national power security, there is no all rights and freedoms of the people.

    1999Years11Month8The State Council in the "on comprehensively promote administration according to law" that was decided correctly points out"According to the nature of the socialist state of our people's democratic dictatorship, comprehensively, deeply understand the spiritual essence of administration according to law, fully understand the significance of administration according to law, enhance their awareness of law, and constantly improve the ability and level of administration according to law."

    Blocking behavior, adopt an approach towards the masses, upside down enemy, confuse right and wrong, people as enemies of the people, they don't naturally or half unconsciously to stand up on the enemy's position?

Excuse me, large scale, long period, illegal close relates to affect many tens of thousands of Internet users and website information exchange, communication and supervision of the government, in accordance with the nature of the state of the people's democratic dictatorship?

    

    Three, block party chapter in violation of regulations, undermine the principle of democratic centralism, serious damage to China Party's reputation

    First, in violation of the Constitution on the block to adhere to the democratic centralism expressly

  "Provisions of the constitution of the Communist Party of Chinese" master:"Adhere to the principle of democratic centralism. The democratic centralism is the focus on the basis of democracy and democracy under centralized guidance combined. It is the fundamental organizational principle of the party, is the mass line in party life. We must fully carry forward the democracy within the party, safeguard the democratic rights of Party members, give play to the initiative and creativity of Party organizations at all levels and the general Party members.......Enhancing the sense of organization and discipline, everyone is equal before the discipline in the party. To strengthen the supervision of the party's leading organs and leading cadres of the party, and constantly improve the inner party supervision system. The party in his political life in the right to carry out criticism and self criticism, ideological struggle, on matters of principle to uphold the truth, correct mistakes. Try to cause both centralism and democracy, both discipline and freedom, both unity of will and personal ease of mind and be lively and vivid political situation."

    In fact, our Constitution also has provisions on democratic centralism, and regulations that "people's Republic of China Constitution" the first paragraph of article third:"National institutions of the people's Republic of China shall apply the principle of democratic centralism."

    "The constitution of the Communist Party of Chinese" also stipulates that members must fulfill the following obligations:

    "Close ties with the masses, to the masses the stand of the party, failing to consult with the masses, in a timely manner to the party reflect the opinions and demands of the masses, safeguard the legitimate interests of the people.""The party's basic principles of democratic centralism is: (six) the party forbids any form of personal worship. To ensure that the activities of the party leaders in the supervision of the party and the people, while maintaining all represent the interests of the party and the people of the leader's authority."

    Also, the leading cadres at all levels must have the following basic conditions:"Correctly exercise the power entrusted by the people, in accordance with the law, honest, hardworking people, make oneself an example, hard work and plain living, close ties with the masses, adhere to the mass line of the party, and consciously accept criticism and supervision of the party and the masses, self-respect, self-examination, self motivation, oppose bureaucracy, oppose any breach of privilege, to gain the unwholesome tendencies."

    The constitution of the Communist Party of Chinese control "have a look", block behavior, can say the government has no discipline?

    Second, block destroys the government scientific decision

    Only by adhering to democratic centralism, state organs can be scientific decision. And adhere to the principle of democratic centralism to:"Regardless of party, should have a democratic life, full of that is to say, to seriously implement democratic centralism. To really put the question open, let the people speak, even scold yourself, let others say.""In a word, let a person speaking, the sky won't fall down, he will not fall. Don't let people talk? It is a day to collapse."(Mao Zedong speech (January 30, 1962) in the expansion of the central work conference)"Work attitude. Good, bad, right, wrong, have to listen to. Especially for those who opposed it, to listen, to let her finish."("the rural socialist education movement of the problem", the CPC Central Committee Political Bureau convened a national work conference summary of the discussions, January 14, 1965)

    Excuse me, blocking behavior without damage state organs scientific decision? There is no serious damage Chinese Party's reputation?

As everyone knows, our party, government must obey the leadership of the Communist Party of China, the Central People's government to obey the leadership of the CPC Central Committee, and the government is the organization of the party and its principal responsible person is a member of the Communist Party, the Central People's government or the central Political Bureau Standing Committee Leaders?

 

    Four, the mouth sealing, blocking block people's mind thoroughly corrupt behavior, Chinese communist style

    First, the serious violations, damage relations between the party and the masses, corrupt Communist Party of China fine style

    "The constitution of the Communist Party of Chinese" "general" provisions, the construction of the party must firmly implement the following basic requirements:"Third, adhere to put one's heart and soul into serving the people. Apart from the working class and the interests of the masses, do not have their own special interests. The party at any time to the interests of the masses in the first place, with the share sb.'s joys and sorrows, keep the close contact, does not allow any party from the masses, above the masses. The party following the mass line in their own work, doing everything for the masses, all rely on the masses, from the masses, to the masses, the correct position of the party into the conscious action of the masses. The biggest political advantage of our party is in close contact with the masses, the biggest risk after the party is in office is divorced from the masses. The work style of the party, the party and the masses is of vital importance to the party contact problem. The party unremittingly against corruption, strengthening the construction of party conduct and construction of a clean and honest administration."

    Party conduct problem, contact with the masses of the people is of vital importance to the party, is the social consensus.

    Comrade Mao Zedong had said:"We Communists from another remarkable symbol of any other party, and is the most broad masses of the people have the most close contact. Put one's heart and soul into serving the people, not for a moment from the masses; all proceed from the interests of the people, not from the individual or small group interests; consistency responsible and accountable to the leading bodies of the party to the people; this is our starting point. Communists must be ready at all times to stick to the truth, because truth is in the interests of the people; the Communists must be ready at all times to correct mistakes, because mistakes are not in the interests of the people.......Note that every comrade of each work link, don't let him from the masses. Education every comrade to love the people, listen attentively to the voice of the masses."("on coalition government")

    1941Years11Month6Days of Mao Zedong in "in the Shaanxi Gansu Ningxia border region Council speech" also pointed out: the Communist Party for the nation, for the benefit of the people's party, which has absolutely no interest. It should be supervised by the people, and must never go against the will of the people. Its members should be in the masses of the people, and never should be among the people. The Communist Party is not a small figure gain sectarian, small groups. The Communist Party is to have a genuine and sincere desire to state run. But we still have many failings. We are not afraid to admit mistakes, we must correct their problems. We should strengthen education within the party to remove these defects. We also pass and people outside the Party of democratic cooperative to remove these defects. Such a crossfire, can we cure, can really set up state.

    Comparison with the party constitution and the teachings of Chairman Mao, excuse me, blocking behavior and China Communist Party meet?

    The second letter of the masses, mouth, blocking people's mind, is not the Communist Party style, are deliberately creating social unrest

    British writer Evelyn•Beatrice•Holzer1906Years to complete the biography of Voltaire, which wrote in the "Friends of Voltaire":"Although I don't agree with you, but I will defend to the death your right to say it."As the interpretation of Voltaire's belief. Although do not agree with the views of others, but to defend the right to express one's ideas, is to let people talk, freedom of speech has been proved the most frequently cited quotations. However, it is generally understood to be applicable only to people's internal. But even for the enemy, is not the main or only by force, which rely on violence, but also with the argument, namely the persuasion and education. And among the people, with violence, forced, not convincing, especially for a large number of people, it is definitely not the communist style and the people's government!

    1957Years7Month9Day Comrade Mao Zedong once said at a conference of cadres in Shanghai:"I believe, we Chinese most is good, the Chinese nation is a great nation. Our nation is very reasonable, very warm, very clever, very brave. I hope so a situation: is centralized and unified, also be lively and vivid, is concentrated, and democracy, both discipline and freedom. The two, not just the hand, not only discipline, only focus, their mouth shut, prevent them from speaking, was wrong and no criticism. We should encourage people to speak, should be lively and vivid. All good criticism, blame, no matter how you sharp, how painful scold a meal, no crime, no, don't give yourself into trouble. Small shoes that wear uncomfortable."

    Letter of the mouth, blocking people's mind, prevent them from speaking, is not a communist style, are deliberately creating social unrest!

    Third, block behavior is typical of metaphysics and idealism

    The so-called scientific concept of development, from the philosophy and in essence, is the development of Marx's view of materialist dialectics. On this view, the author proves without too much, only from the book "Lenin's state and revolution" one book following two words is not difficult to know, he wrote:"All Marx's theory, is the use of theory of development the most thoroughly, the most complete, the most thorough, most abundant content to investigate the modern capitalism. Naturally, he had to use this theory to study the coming collapse of capitalism and communism in the future development of the future.""But the socialism and communism in the science of the difference is very obvious. Usually said the socialism, Marx called it a communist society"The first"Stage or lower stage. Since production has become a public property, so"Communism"This noun can be used here, as long as you don't forget this is not the full communism. Marx's interpretation of these great significance, is he here also thoroughly using materialist dialectics, namely the development theory, the communism as developed from capitalism in."

    As everyone knows, the fundamental laws of materialist dialectics is the law of the unity of opposites. It tells people, look at everything, solve any problem, must see the contradiction of both sides, we must see the positive, but also to see the opposite, not only to see Affirmative, also want to see the opposition, because any specific things just like this. The only way of dialectical thinking, can help to reduce and overcome the one sidedness, simple minds and rigid. The dialectical thinking, any decision, not only to listen to Affirmative, mainstream, the dominant or majority views and opinions, ideas and opinions to listen to the opposition, non mainstream, non dominant or minority party, also is the so-called Mao Zedong advocated"Set the opposite"And Chen Yun advocated"Assuming the opposite"The thought pattern. This mode of thinking, in the final analysis, is to teach people to try to get the objective world exists actually reflect the comprehensive, system and some more close to the objective reality, but only the views and opinions of the opposite, that is easy to neglect, and ignore the opinions and suggestions into decision makers view and to study, to for more complex problems to find the scientific and feasible solutions and the correct conclusion.

    About"Set the opposite"Problems, Mao Zedong and Chen Yun is a brilliant example of our.

    Mao Zedong is the inheritance and development of Marx Lenin's Philosophy Master, his philosophy thought of Lenin continue to advance. Mao Zedong pointed out in "on the correct handling of contradictions among the people in question","Think of Marx philosophy, the law of the unity of opposites is the fundamental law of the universe. This rule, whether in the natural world, human society and people's minds, are universal."He said "contradiction":"The unity of opposites is conditional, temporary, relative, and opposite mutually exclusive struggle is absolute."In the "culture of proletarian revolution," said:"All things are the unity of opposites. Five fingers, four fingers, thumb to the side, to the other side, this just pinched together. Completely pure is not, that many people don't get. The impure as its nature, the society. Completely pure it is not nature, not the society, not to the dialectical law. Impure is absolute, pure is relative, which is contradictory unity.""Since the founding of new China, Mao Zedong manuscript" article11Ce Di86Page) in "learning Marx's epistemology and dialectics" in an article said:"Dialectics is the core of the law of the unity of opposites, other areas such as quality and quantity, the negation of negation, contact, development and so on, can be explained in the core rules.""(" the Mao Zedong8No.326326-327Page) Mao Zedong in philosophy is a big contribution is that he put forward clearly"Set the opposite"Thought, this is have no predecessors. This point of view, is consistent with Marx's classic writers, mutation is very attach importance to man's conscious dynamic role and things are inseparable.

    1958The two meeting of the eight years and after a period of time, Mao Zedong more about this problem. He put forward"Set the opposite", both as a philosophical proposition, but also as a leading and working method initiated. As a philosophical proposition, he stressed the dialectical thought and dialectical method contained. And he said, what thing to put forward two measures to compare, this is the dialectics. Or is the metaphysics. From the method of leadership and decision-making method of speaking, he thinks, consciously set on the opposite side, there will be more, there is debate, can avoid one sidedness. He said: railway line, the factory, the Three Gorges dam location selection, there are several schemes. He criticized some comrades"Do not know the comparison method, do not know how to set up the facade". Also, bring it up, it exposes the opposite. Respect the materialism, dialectics, is to promote the argument, to listen to the opposite opinion. Said, he was the opposite, often fight with their own, sometimes midnight think impassability, midnight is figured out. He stressed"Set the opposite"Dialectical thinking, is used in the method of decision-making and leadership of the prominent cases.

As everyone knows, comrade Chen Yun, has always attached great importance to and has repeatedly advocated the learning and the use of philosophy. He used"Assuming the opposite"Method: to set the correct decision.1987Years7Month17Day, Chen Yun on the ability to listen to different opinions that:"If there are different opinions, to listen to. Discussion, absorption correct, refute the wrong, so their ideas more complete......If there is no different opinion, oneself also should assume an opposite, let everybody to refute. Money can't buy oppose the views of people. Have objections, can be caused by his own thoughts."(Chen Yun: "responsibility and learning philosophy", "Liu Shaoji Zhu De Chen Yun Zhou Enlai Mao Zedong Deng Xiaoping thought work anthology" the Central Literature Publishing House1990Year edition, No.491 492Page) assuming an opposite caused by their own thinking, thinking, research to be on their opinions by setting the, so as to make their own decisions tend to be objective and correct.

Comrade Yao Yilin Chen Yun spoke of making the case, said:"He (Chen Yun) to discuss problems, always put the most'The left'In the middle, and right most comrades found together, to everyone to express their views. He asked everyone to speak one's mind freely, can be mentioned'Left opportunism'The degree, can also be referred to'Right opportunism'The degree of. He is careful to listen to various opinions, learn from each other, comparative analysis, draw on the advantages and avoid disadvantages, to draw the correct conclusion from the. A major problem, is often a dozen people to discuss several days down. You agree not to face the situation, he often assume a number of different views, let everybody a to barge. He is such a democratic style of work, I feel deeply."(see Zhu Jiamu, "I know the Third Plenary Session of the eleven") which reflect both the democratic and scientific decision-making style of Chen Yun, also shows Chen Yun's dialectical thinking ability.

   "Set the opposite"Mode of thinking, in Mao Zedong1958A series of speeches years, talked about the three kinds of meaning. The first meaning: absorption in the opposite views and opinions can be made to consider the issue more detailed, more comprehensive, more thoughtful.1958At the beginning of the year, Mao Zedong in Nanning conference of senior cadres to teach"Set on the opposite side, welcome to the facade"To do so, you can"There are always two ways to compare". ("in Nanning conference speech outline" (1958Years1Month16Day), "since the founding of Mao Zedong" the manuscript7Ce Di17Pages) this is a correct understanding of objective things on both the story.

    Second kinds of meaning: the opposite impact is helpful to the progress, make people innovation."......Some comrades ignore rectification, and emphasizes the posters, make double reverse, so set on the opposite side, out of the one hundred million poster, forced to be altered.""Eight (in the two meeting of the speech (Abstract)" (1958Years5Month8Day), "long live" Mao Zedong Thought Wuhan version)"I have always been of the opinion that the opposite, no opposite, who also don't do."(in the fifteenth highest state conference (1958Years9Month5Day,8Day), the7CE) new things are forced out."......At that time you said food no crisis, I look to also can say is a crisis......This oppression, hit your mind, make cooperation."(ibid.) this is the newly emerging things conditions.

    The first speech at the two session of the eighth, Mao Zedong said,"The opposite, is to the objective existence of things can be set up. Objective things that do not exist, are not set.""Eight (in the two meeting of the speech (Abstract)" (1958Years5Month8Day)) this refers to set up the first two connotations of opposites.

    Third kinds of meaning: the new creation in relation to the existing old things, the old order, itself is a kind of"Set the opposite". In the two session of the third speeches (eight1958Years5Month20Day), he said, nature does not exist, but the material conditions, can use artificial way to set up the opposite building, such as repair dams, factory. The material basis, to find the law can artificially set opposite.

    Mao Zedong had always liked in the social field, in the ideological and cultural aspects of new in order to be different, he advocates do away with all fetishes and superstitions, out of their own way, efforts to promote social change. This is also arranged opposite. Because"Yes"And"No"Relationship is the relation of unity of opposites is the most basic world (or predicate"Contradiction"The ancients called"Yin-Yang"),"Yes"(innovation) relative to the"No"(no) is set on the facade.

    The first speech at the two session of the eighth session of Mao Zedong, about how to set the opposite before, he said,"The negative things to their own. Dialectics of Greek metaphysics, medieval, renaissance. This is the negation of negation. So it is China. Contention of a hundred schools of thought of the Warring States period, this is the dialectics. In feudal times, classics, this is metaphysics. Now called Dialectics......Lenin's dialectic, part of Stalin's metaphysics, dialectics now, negative is negative......This is an objective existence. It is important to the opposite. Is the objective existence of the opposite."He made the negation and negation of negation with respect to their previous condition known as the opposite of. His thought is arranged opposite from"The negative things to their own"The common understanding and. This is like saying "me" that said"Also, the move also. (the above, reference and quoted Li Qiao: ""Set the"On the scientific decision-making is very important ", study times; and the author unknown authors network article:" me "moral" and "philosophy of Mao Zedong Thought)

    Heteroglossia is still in perfect silence, all sorts of gossip or stand up, speak one's mind freely or What I say goes., let people talk or letter others mouth, arranged opposite or destroy the opposite, is the dialectic thinking mode or metaphysical thinking mode, is the faith in the masses, rely on the masses, to the masses of the materialist conception of history still don't believe that people only believe in yourself idealist conception of history, in this block behavior, don't look not clear?

    Block acts not only violated the state constitution and the law, severely damaged the relations between the party and the masses, ruined the party's style of work, in violation of the Scientific Outlook on Development, also deep social unrest Hidden danger.

    Finally, say"False debate"Eighteen and internationalism problems.In accordance with past practice, a National Party Congress opened, often invite other countries to attend the meetings of the leaders of the Communist Party, because communism is essentially international career, not a state own thing, is to say to listen to other countries for their own country Communist Party Communist Party opinion, this opinion may have is the so-called"False debate"However, it is very good. The Japanese Communist Party delegation to visit China in the beginning of China's reform and opening up, some members said, the Marx doctrine is not your country, you said the class struggle is not, but our country but are raging class struggle! (in fact, our country did not announce the class struggle is not, this member is misunderstood.) However, to hear such words, not only no harm but quite instructive.

    "Bluntly, we convened"Eighteen"Large, not only to allow and encourage our people and our party members and all sorts of gossip"False debate", and there should be more broad-minded world vision and proletarian internationalism, let the world political parties and friends"Absurd criticism"! Only in this way, in the glorious history of international communist movement, there will be a better text China Communist party. Some Communist Party leaders, the closed different communism, foreign no mention of proletarian internationalism, but partial and imperialism so-called"To pull together in times of trouble"With the capitalist country leaders, unusually hot, apparently with the Party of the working class members of the title is extremely disproportionate.

    Let us read the relevant contents include eighteen, several National Party Congress report:

    Chinese Jiang Zemin at the Sixteenth National Congress of the Communist Party's report:

    "Adhering to and improving the socialist democratic system. We will improve the democratic system, enrich the forms of democracy, expand orderly citizen participation in politics, and ensure that the people in accordance with the law......Democratic decision-making, democratic management and democratic supervision, and enjoy extensive rights and freedoms, respect for and protection of human rights.""To deeply understand the people, fully reflect public opinion, pooling the wisdom of the people, to cherish people's decision-making mechanism, to promote the scientific and democratic decision-making......."

    Chinese Hu Jintao at the Seventeenth National Congress of the Communist Party's report:

    "In deepening political restructuring, we must keep to the correct political direction, to ensure that people be in power as the fundamental, to enhance the vitality of the party and state, to mobilize the enthusiasm of the people as the goal, expand socialist democracy, build a socialist country ruled by law, the development of the socialist political civilization.""Adhere to all state power belongs to the people, from all levels in various fields, expanding the orderly political participation of citizens, extensively mobilize and organize the people to manage state and social affairs, manage economic and cultural undertakings. Adhere to the basic strategy of governing the country according to law, establish a socialist concept of the rule of law, to realize the rule of law, safeguard the legitimate rights and interests of citizens.

　 Expand people's democracy, ensure the people to be in power. The essence and core of socialist democracy is that the people be in power. We need to improve democratic institutions, enrich the forms of democracy, expand its channels, democratic election, democratic decision-making, democratic management, democratic supervision in accordance with the law, safeguard the people's right to know, participate in and express the right to supervise.""Promoting scientific and democratic decision-making, improve the information and intellectual support system, enhance the transparency and public participation in decision-making,......

Improve the mechanism of restraint and oversight, ensure that the power entrusted by the people is always used for the people's interests. Ensure that the correct exercise of power, must be exercised in the sunshine.......A sound organizational laws and rules of procedure to ensure that state organs, in accordance with the statutory authority and procedures for the exercise of power, duty. Perfect all kinds of public service system, improve the transparency of government work and credibility. Focus on strengthening the supervision of leading cadres especially leading cadres, property management, key positions, sound of inquiries, accountability, economic responsibility audit, resignation, recall. Implement the intra party oversight regulations, strengthen democratic supervision, play a good role in the supervision of public opinion, enhance supervision force and effect."

    Chinese Hu Jintao at the eighteenth National Congress of the Communist Party's report:

    "We must maintain the people's principal position. China socialism is hundreds of millions of people to their cause. To play the master spirit, uphold the rule of law that the party leads the people to govern the country's basic strategy, extensively mobilize and organize the people to manage state and social affairs, manage economic and cultural undertakings, and actively participate in socialist modernization construction, and better safeguard the people's rights and interests, ensuring people be in power.

    The people's democratic expansion. The democratic system more perfect, democratic form more rich, people's enthusiasm, initiative, creativity, further play. The basic strategy of governing the country according to law, the full implementation of the rule of law, the government basically completed, the public credibility of the judiciary continue to improve, to respect and protect human rights effectively.

    Accelerating the socialist democratic political institutionalization, standardization and routinization, at all levels and in all fields to expand citizens' orderly political participation, to realize the rule of law.

    Political reform is an important part of the overall reform. We must continue to actively and steadily push forward the reform of political system, people's democracy more extensive, more fully, more perfect. We must uphold the party's leadership, the people be in power, the rule of law, to ensure that people be in power as the fundamental, to enhance the vitality of the party and state, to mobilize the enthusiasm of the people as the goal, expand socialist democracy, speed up the building of a socialist country under the rule of law, the development of socialist political civilization.......Pay more attention to improve democratic institutions, enrich the forms of democracy, ensure the people's democratic election, democratic decision-making, democratic management, democratic supervision according to law; pay more attention to play an important role in the state governance and the rule of law in social management, to maintain a unified, national dignity of the legal system, authority, and ensure that the people enjoy extensive rights and freedoms under the law.......

    Comprehensively promote the rule of law. Rule by law is the basic way of governing the country. To advance the science of legislation, strict law enforcement, judicial justice, the law-abiding, adhere to equality before the law, guarantee law, be strict in enforcing the law, illegal.......To promote administration according to law, and earnestly do strictly regulate the fair and civilized law enforcement.......The Party led the people to formulate the Constitution and laws, the party must activities within the range of constitution and law. No organization or individual may be beyond the constitutional and legal privileges, must not be allowed to speak on behalf of the law, the right pressure method, the.

    Deepening the reform of the administrative system. Administrative system reform is a necessary requirement to promote the superstructure adapts to economic basis. According to the establishment of Chinese socialist administrative system, and further promote the separate separation, separate, separate the conduct of public affairs, government, service government construction function, science, structure optimization, clean and efficient, the satisfaction of the people.......The innovation of administrative management, improve the credibility of the government and the executive power, to promote government performance management.......

    Perfect the power restriction and supervision system. Persist in using the system for the right job managing people, safeguard the people's right to know, right to participate, the right of expression, right of supervision, is an important guarantee for the correct operation of power. To ensure the decision-making power, executive power, supervision power restraint and coordination, to ensure that state organs exercise their powers in accordance with statutory authority and procedures. Adhere to the scientific decision-making, democratic decision-making, to make decisions, to improve the decision-making mechanism and procedures, play the role of ideological base, establish and improve the decision-making accountability and correction system. Usually involves the vital interests of the decision should be fully listen to the opinions of the masses, which damage the interests of the masses of the practice should be resolutely prevent and correct. Propulsion power open, standardization, perfect the public affairs, public affairs, judicial publicity and in areas of open system, perfect inquiries, accountability, economic responsibility audit, resignation, dismissal system, strengthen supervise within the party, democratic supervision, legal supervision, public opinion supervision, let the people supervise power, power operation in the sun."

    Finally, let us go under Comrade Mao Zedong at the party's Seventh National Congress report two words as the end of this paper:

    "Countless revolutionary martyrs in the interests of the people sacrificed their lives, so that each of us alive people think they feel, what do we cannot sacrifice personal interests, what mistakes cannot abandon?"

    "Thousands upon thousands of martyrs, for the interests of the people, in our ahead bravely sacrifice, let us raise their flag on their blood, go ahead!"  

Note appended.

This paper, reference and reference the author of the article:

Time of flightPeking University doctoral dissertation: "on Internet freedom of speech--Starting from the relation network risk of speech and public order "

Li Qiao: ""Set the"It is important for the scientific decision and the author of "unknown authors network article:" me "moral" and "philosophy of Mao Zedong Thought

Professor Chen Daoying Qin Qianhong, Wuhan University School of law"Law of cyberspace: limits of freedom of speech--America related experience "," review of the concept of freedom of expression on the USA "

Professor Fan Jinxue of Shandong University School of law: "the substantive standard" on USA judicial review of the Law School of Fudan University, Professor Hou Jian: "freedom of speech and its limits"

China University of Political Science and Law professor Liu Shen, stone: "two standard America press freedom control and reference"

Professor Jiang Mingan of Peking University School of law:"Sincerity is the basic criterion of government under the rule of law manage politics"

Ning Sun"Countermeasures to perfect the protection of freedom of speech in China" ("heaven and earth" in Shandong province public website article)

Ren Dong LaiSir: "American compilation of the history of constitutionalism, the influence of USA25A judicial case "

Wang Zikai, former vice president of Peking University law information network and the Beijing municipal Party Committee Party SchoolComrade to provide information, and the other authors,The relationship between the one one, not stated in the paper.

    To the author, the author would like to express our heartfelt gratitude, and put forward criticism on the paper.

    If you want to be better, more comprehensive and more detailed understanding of relevant views, please consult the author through network article.

                           

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