Another lecture students about Chinese constitutional He Weifang teachers, colleagues
From this point today, part-time professor at my is your school, so this has been so that I have a very good reason or excuse, the future can come and we ask for advice, learn. I feel very honored to. 　　
The higher education of our country is now in an expanding into the peak, the school is engaged in celebration, Nanjing University of Finances and Economics should say is one where China's financial law as a very important aspect of colleges and universities. School of law, although the set up time is not too long, an academic signs but the teachers here, and my understanding of Shen, have left a very deep impression to the teacher is young and full of wisdom and full of professionalism such spirit. So, to be a member of a glorious school, I feel very proud! 　　
Dr.SHEN introduced just now, I this several years more emphasis on the judicial system and the judicial reform. The study of foreign legal systems I learned later, after graduation, has been engaged in the study of comparative law, basic does not involve domestic law Chinese, knowing little about Chinese domestic law. Many people ask me a lot about Chinese legal issues, such as the family property inheritance. I deny all knowledge of an event, they will feel strange, you not in the law? I said you ask European law especially USA legal questions I can answer, but legal knowledge China I really do not know, but after 1989, the students know this is a very important year -- about 14 years, Chinese experienced a very big event, this event to my great, can say decided then my academic excitement turned to the study of China system. I want to China social system what is going on, our country can move towards democracy in what time, answer to legal system. These problems arouse my interest, my academic steering is from foreign law to domestic law. Because of the past in the Anglo American law understanding more deep, relates to some more, so some concepts related to some system for Anglo American legal related was very interested. 　　
Do you know a knowledge background of international crisis, we observe the Chinese itself to Europe and the United States law, we will find that, Chinese things with foreign things are not the same. This thing, we both political system and legal system was introduced from the western countries. We carried out a reform, we learn from the west, but later we introduce changes, from a man into a donkey, said a person and then the next: "really!", so the translation, the translator can turn people into a donkey. So we see, some of us make the western system to China happened such a strange phenomenon in Huainan and orange orange health Huaibei. With such a common law concept to observe Chinese system, you will find many strange phenomena such as theory, many surprising places. So perhaps it is because of this that I wonder, for Chinese system closer and closer. Since, for the judicial system and the judicial reform of interest, this relationship and common law knowledge background. 　　
You know she is a common method to set up the judicial system as the core of the legal system. In the UK, in American, one of the greatest jurist is often the law school professor, not a judge of the court. With this in mind, I observed Chinese system, I found that the Court issues Chinese seriously -- I feel China court basically no real jurist. Professor of law in general very Gao, they make for the judges' decision is often not necessarily support, they often unwilling to pay attention to him, so the two is often stripped of. I spent ten years of time to explore the reform Chinese court, near section time is basically no mixed things, Shen just introduced when I said there is a lot of books, I really think too highly of me -- I haven't what works, what I fear most is to write books. Write books for me, is like a forty year old woman give birth to her feelings, not written. I write up some small articles, write a thousand words. For example, in the "Southern Weekend", we know that "Southern Weekend" is a weekly, a weekly publication, each year about 50 weekly newspaper. In 1998, I probably wrote his article published in the "Southern Weekend". 　　
Some articles that have some social interaction. Newspapers published articles are usually at the Department of justice, for instance I of demobilized soldiers attacked the court -- I think we China, why not a strange phenomenon -- no medical experience in the army of people to go to the hospital directly when the doctor, and often those without being trained in the law of the the officer directly to the court when the judge. I think this is a very strange thing. Of course, this article raises some attacks, the army also gave me a lot of pressure -- "Liberation Army Daily", "China defense report" in the first edition of the four period of the whole space to bomb savagely to me. This problem so I put on is the quality of judges, is one of the countries which what kind of man can when the judge question. Judge what ought to have an educational background requirements? Or what man can do the judge? You know this problem is still a crucial problem, -- the court circles all judges and judicial work personnel engaged in sad, for bachelor's degree has been strictly of the 260000 legal education people accounted for only 15%, only 15 people in 100 people. This level of judges often come up with some very strange things. For example, Shanxi county (name) the people's court vice president Yao * *, is called "blind" -- three of illiteracy, legal and rogue! Said he is illiterate, even their names are often not strokes strokes, are often wrongly written character. Even he cannot write his own name, one can imagine! Shaanxi County in Fuping province (name) the people's court a judge called Wang * *, he was there yesterday and the judge panel, second days suddenly put on the robe of the... This is a situation I am amazed! We see Western court, Western judge which one is a kind of educational background? There is not a qualified judge group, we would not have to form a judicial mechanism to make people trust, there is no way to justice. We must change this situation! So, I used to always have a doubt, is China political reform can succeed? I have stressed that an incident fourteen years ago, largely because the reform of the political system and cause. For the reform of the political system we are also very sensitive, the reform of political system is often very sharp -- the party we how to do? China Communist Party in the country is what? The party's power can be restricted? Why the party's power can be said to be unbounded, meticulous? Changes cannot be? ... so the party's reform has always been very sensitive. Can't say. One often have problems, will wear a hat. So this problem should be a little away from me. So in the reform of political system and people's Congress system problems. The system of people's Congress is going to push her? How to change him? There is also not easy for everyone to explain many problems, or is not easy to explain clearly. I think these events, such as "Sun Zhigang" event -- Guangzhou a Hubei Chinese university graduates are being killed. Department of public security, civil affairs departments should not shirk the responsibility! Guangdong area try to suppress this news, has been depressed for a month! Until a brave journalist stood up, on this matter to be exposed, causing an uproar in the country. We are very angry! The three doctor graduate students and the Peking University, to the Standing Committee of National People's Congress wrote a proposal. Requirements of the NPC Standing Committee as the patron saint of our constitution, the State Council promulgated on 1982 "city vagrants and beggars detention and repatriation measures" judicial review. Whether it violated the Constitution? Is a violation of the "legislation law" of the people's Republic of China? According to the "legislative law" provisions, all related to restrict the personal freedom of a citizen rule, must be made by the National People's Congress and its Standing Committee enacted into law, should be included into the scope of the law to be adjusted. "City vagrants and beggars detention and repatriation measures" are clearly formulated by the State Council department regulations, the regulations exist, is with the effectiveness of the. But obviously is a violation of the "legislation law" of the people's Republic of China, and no one to examine such things. Three PhD students stand up! Put forward their appeal. I see a young man stood up, I also unwilling to lag behind. We feel it is our legal person responsibility. We also propose some suggestions: the NPC Standing Committee set up a special investigation mechanism. You see the "people's Republic of China Constitution" seventy-first stipulates, "the Standing Committee of the National People's Congress and the National People's Congress when it deems it necessary, organize investigation committee on specific questions, and according to the report of the Committee of inquiry, make corresponding resolutions". This is in order to legislation, but also to a necessary means to supervise the state organs of power of npc. The students remember the "Kelly incident": now in the course of the investigation, the conclusion seems to also did not come out. -- weapons experts, defense minister Mr. Kelly not clear the Dutch act, which caused a very big crisis. The British immediately set up a special committee of the parliament, a be of noble character and high prestige judges do chairman of the special committee to investigate. Even the British Prime Minister Blair, must also come to this committee to explain, in a specified time, place explain the problem, referred to as the "double"... This can show a National Council of Supreme power. Such a committee is very important. "Sun Zhigang incident" occurred, Guangdong Province local made a conclusion of the investigation, but the program we think manufacturing is not one of the most basic program -- conclusion made is the case of Guangdong Province -- the public security departments and local civil affairs departments are involved in this investigation report. How can we believe that such a report is a kind of justice, public? So we request the Standing Committee of the NPC for such a special investigation. Our constitution promulgated from 1982 since, to date, the committee never once used. Never had such a committee -- he looks power is very large, very beautiful. But he is still sleeping, so we can call her sleeping beauty. Is such a mechanism, we hope the "Sun Zhigang incident" to activate a mechanism, hope this committee set up parallel to its power. We have drafted a report, or proposal. After the draft, a friend said, you must be concise, not too long -- standing for something that old man too long can not see, didn't look away! But some people say, no.! No can short! Must take the necessary point clearly! -- this thing, and not look very simple, we're going to give him a demonstration, then should launch more scholars to signature, and then the 3000 law professors petitioned the National People's Congress Standing committee. I said no, too many people, give a person a kind of crowd trouble feeling. Our party's don't like mob. So we have five personal signature, proposed that a special request. We continue to try various devices to understand the situation inside, inside the friend can try various devices to push? It also said: "the good friend! We were pushing, you outside shouting. Collaborate from within with forces from outside, we must put it into!" But now it seems that, our government has made a very good response -- in June 18, 2003, office of the State Council meeting, the abolition of the State Council promulgated in 1982 "city vagrants and beggars detention and repatriation measures". In addition to making "city vagrants and beggars rescue way". -- we obtain a partial victory! Call several friends, to congratulate me. The meaning can't be underestimated -- the people's request, and the requirement is an angry, government responded positively to the requirements. This situation can be said to be the first time since 1949 -- never we demand the abolition of a rule, you ask he abolished, sometimes the more you require less he abolished. Such a development would reflect the new Central Committee, a new government respect public opinion, thoughtful people, no matter the interests of the masses, and represents the fundamental interests of the overwhelming majority of the people the spirit of China. But on the other hand we regret, the NPC Standing Committee how to now is quiet? Not a sound? We couldn't see him any positive response to our request behavior. This let me feel very strange, don't understand. So this is a political problem, not the reform of the political system, it's difficult to stimulate the vitality of. The reform of the political system also involves the problem of freedom, especially the political rights of citizens. We see these rights as the constitutional promise very diversified -- such as we have the freedom of press and publication. The people's Republic of China citizens like Americans have freedom of speech, freedom of press and publication. Each of us can enjoy such freedom. But when, do you really want to go to the exercise of this right will find: the door hung a sign, writing above: "this way!" You can't get it right! Inside -- in this country, are clearly defined, and that is all the media are not allowed to privilege. We see in western countries, the vast majority of the country's newspapers, television stations are private to do, and we are by the state to do. You know, if the country control the media, it means that the government may apply to the people's Publishing in his favour information and filter the unfavorable information -- we see good in a situation. For example, during the cultural revolution, we live in misery, but our newspaper every day tell us -- front page headline reads "the enemy in one day bad, we are getting better and better every day"; "our situation is not good for small, not good, but good!" "; we should cherish our motherland, have the whole world in view, we must remember, there are 2 / 3 of the people living in dire straits, we need to liberate him!" When we were young, we were taught that A. When we were about ten years old, I live in a state of "happiness". As we know, we China is the world's most "rich", born under the red flag, long in the water. We must go to the people's Liberation American... You know, this is a painful results. Press the control so that we can not understand the outside world, we can only tell us what is the official information, we can know what the information. So there has been criticism that "Pravda" newspaper of the Communist Party of the Soviet Union -- "Pravda" in addition to the day's date is the truth, not a truth, but sin lies at! We don't have the real thing, this is a question we media management, then we can change this problem, let people really enjoy the freedom of speech and press, they can easily do newspapers, they can easily do radio... This is completely to the! But our constitution, this right in our law is not implemented. We have freedom of religious belief, but our freedom of religion confined to a so-called orthodox faith government approved -- Christianity, Buddhism, Taoism, Islam... That freedom of religion include misbelieve freedom? This point in our constitution is not very clear, very clear provisions. Of course, this problem is worth to think -- what freedom of belief Is it right? Only includes belief in the government allowed the freedom of religious belief? What is freedom of religion? As the freedom of speech Is it right? We can only say the government agreed to what we say is the freedom of speech? You heard about an American and Soviet, the Soviet socialist countries, two people flaunt their freedom of speech -- Americans say: "you have such a freedom of speech? I can go to the front of the White House, when the US president's face, shouted: '* * * * US imperialism!' Our president to take I can not, he would never dare to send the police to catch me! This is the freedom of speech!" The Soviets said: "this has what strange? I also have this freedom!" The man said: "I can go to the front of Moscow Kremlin, when our general secretary of the face, shouted: '* * * * US imperialism!'" So look, our freedom is that the government allows us to say, is called freedom! For example, we have the demonstrations of freedom, you know the demonstrations were in a democracy inside, people express their related affairs, especially the common way of dissatisfaction with the government behavior. In western countries, the demonstrations is homely food, when you went to London to visit can be found: their congress or in front of the Chinatown gate, or, often demonstrations. They are out of place, the police to protect, to maintain order. And they went every day there shouting, today this wave of people shouted, tomorrow the wave and shouted, it is with the government not to! But we seem to be no such demonstrations of freedom: bombed Iraq when America, all over the world to protest, I have two friends a world police on the behavior of such America expressed dissatisfaction, they also want to protest. The two friends to apply to the Beijing Municipal Public Security Bureau, a time, two times, two times, three times... Always keep on carving application, until the final approval. Approved to specify a demonstration time, location, number and so on. In accordance with the application, set in Tiananmen square, then the procession pass by Wangfujing street, then turn right, to the USA embassy, we must put our protest letters to the embassy to USA. Oh. Sorry, this interfere with stability and unity, we give you the parade site Beijing Ritan park". As we all know, Ritan Park, a small park. Have a friend on the Internet said "it is not easy! Yesterday I have in my living room swim three laps! Living room tour also count!?" Public Security Bureau said: "then count the number of marchers, 200 people too much, to be reduced to 100. The time from afternoon to finish within one hour, so you have four points to five points can swim. In addition during the parade, no shouting slogans, banners, but not allowed to interview!" This parade means no one can make a sound. But the government has finally approved the parade, not easy! So they go back later to inform each other of the press. Results second day parade, the Public Security Bureau call: "please come". Then I went to the. "Who told you to inform the press?" Organizers said: "the law there is no restrictions we inform the press? Not a slogan, not a slogan, not to accept their interview on the line! They take pictures, photo camera, we let the world people know, we in Ritan Park to swim a trip!" "Can't! You violated the discipline, so the number you parade decreased from 100 people to 50 people, to noon 12:00 1:00, you go back and ready!" Results the man angry: "me not to swim!" The results, an opposition to the Iraq war March we China people only organization will be aborted, regrettable. Our constitution promises to give us right where to? Our political rights to also have the opportunity to exercise? You know, my students of Peking University is the most loving demonstrations, but they often apply, or not, even if finally approved, you can go traveling north, but north north is a village! Difficult to be obvious to people of the reform of political system. But I think we can through the reform of the judicial system to promote the reform of political system. For example, we can create a good, judicial system, can strengthen people for justice, for a trust court. Then the ecology will be the country's political system changes. 170 years ago, a famous thinker of France in the Democratic American when he said: "in the America, transformation of almost all the political problems will sooner or later become the legal issues, the court to solve." So judicial means is not only a kind of civil disputes, judicial special criminal cases, and he often involved in the political field, become a political problem. We all know that the separation of the three powers doctrine, judicial power is not just a dispute case, processing power, and that he is a political power, a right of a very important right of the so-called three. When America incumbent president Bush and former vice president Mr. Gore two people fight, for statistical issue of votes, the dispute the two candidates, the final solution is to resort to the law. We all know the presidential election controversy in many countries is to solve the problem by the gun, Chairman Mao taught us to say: "inside gunpolitical power". Of course, no way to legally, I can use the gun, gun to overthrow you, overthrow the three big mountains, the establishment of a new China, we are in such a way. But among them, by the court to judge political conflict that has become a practice. We also hope that through such a good, restrict the judicial system of our country to change the political ecology, to make our people in this country can also through the justice to create a more civilized society, more free society. This is my years of judicial system has always been in the hope of. So I said, we can change the value of the type specific manner, we can build a system to gradually make the country to become a true our country be in power. For example, the state power is limited, then the limit of power and protect civil government rights can almost be said to be two sides of the same coin. The fact is this. Power is the greatest damage -- if the abuse of government power, such as buildings, such as Nanjing residents, interest conflict between large! People finally have no way, but to the square self Immolation! They couldn't find a real way to solve the problem! Then the government of the people's power infringement, can be said that this time, the society inside most worthy of abandoned problem. We have just said that he is the two sides of the same coin, but now it seems, in the middle of our current judicial system to do the field is not enough, because now is becoming more and more obvious: many injustice comes from our political system issues of justice, that is to say the two issues are intertwined together, we can't take him simply to say our true justice will eventually solve the defects of political system and the defect to make up, if the political defects to be improved, not to make up the words, we can not achieve the judicial justice. Some time ago a Yangzhou gangster case, after the final judgment out, everyone was shocked. What is this all about? Even the cause for the judicial justice attention. Then its roots, we the judiciary in dealing with such sensitive major case, there is always an invisible hand to manipulate us -- "Southern Weekend" once upon a time there was an editor wrote such a sentence, particularly moving is "there is always a force allow us to tears." So we can say "Chinese judicial circles there is a kind of strength, let us realize judicial justice". Behind them is political things this power. Because the judicial weakness, justice can't put a case a fair, open, transparent solution. Liaoning Province Higher People's court verdict on the inside of Liu Yong should be sentenced to death with a two-year reprieve, the reason is "according to the specific situation of... In this case..." but the circumstances of the case in the end what is the specific situation? Not at all specific! This is a very abstract expression. So what is it that we court cannot openly show ourselves to reason? We know there is a heavy fog -- "Chen Kejie case", such a major case sensitive cases, how the trial? We all know that the people were sentenced to death immediately. This is an execution of the history of the Republic of the highest national leaders, but the trial process in which it was filled with heavy fog, can saying is let a person feel not understand very -- Mr. Chen Kejie as a citizen of the people's Republic, the most radical he enjoys the right of action have been deprived of. As much as, no way to enjoy such rights -- and Mr. Chen Kejie can say is not clear were sentenced to death! Of course I have neither Kin nor relatives with him, I just feel that such a world attention the case, if we are not able to public trial, a fair trial, we will leave a lasting regret. He was sentenced to death, the Supreme People's Court on his review, I quickly wrote a memorial to the Supreme People's court, the Supreme People's Court judicial committee requirements can stand a fair position to the case. Because if somebody's rights are not guaranteed, that every citizen's rights are not guaranteed. Our justice is the justice of the equal opportunity to every individual, so we must guarantee fairness in the Chen Kejie case, but unfortunately, the Supreme People's court does not listen to my words! The Supreme People's Court of judicial committee reportedly came from my letter, mutual smile, that means you have a look the student, the student still here to ask for justice?! This case has no justice, no see, show fair. The reason behind this political system is that it does not solve the problem. So we have to walk on two legs, or according to the word of Comrade Xiaoping "with both hands, both hands". The reform of the political system reform and the judicial system must be carried out simultaneously, we must make a push. So, recently started a new things very interesting, that is the whole law includes the whole society, people more and more attention on constitutional issues. This morning, I attended a forum of teachers in our school, we chat, presided over the meeting and a famous constitutional scholar. Common sense, is: constitutional law will be in the next ten years, become China discipline, be Chinese law one of the most important branch of learning. So this is why in recent years, I in turn more and more try various devices to the constitution. We must pay attention to the fundamental law is such a kind of embarrassing, alarming problem, we must put our constitution save, our constitution activation. So, we are here today is the building engineering, we should be building constitutionalism building. Chinese constitutionalism, Chinese constitution, construction of the building process, we found that: whether to find one of the most important, the most important principle. As a pillar supporting the building, I thought of a few big pillar, the pillar is particularly important, so I titled "hold up nine pillar China constitution building". We try to observe, analyze the nine pillar, respectively is: a. confrontational political culture, different people have different political culture, the culture for example: inside a country, college students have the culture of college students, usually tends to be liberated, more radical; but to study the China farmers, Chinese farmers political culture seems like we college students political culture is not; you inside the army, you'll find out pretty closed inside the army, Army soldiers the best there is no thought, no thought is the highest state, so he is to obey their superiors, subject to the supreme leader, this is their only requirement... So this culture is different, and often will affect the operation of the event. We want to establish a confrontational political culture, confrontational political culture is to respect the country inside people's political choice is different, he is built on a modern social intermediate interests diversified basis. Our interests are different, our political ideas is not the same. We need some way to bring a claim our, political demands expression. We know the history of the so-called "three level meeting". Class meeting is actually a prerequisite for development of political and cultural antagonism. We have seen a very important expression of political tradition intermediate since modern times, it is in many democratic countries inside, they must become active to make politics by political parties. Political parties and party politics is almost inherit a class structure of the former, you'll find out interesting is different national parties have a party favor wealthier people or that they are advocating free competition like the economy; the other party is clearly biased in favor of the poor. For example in the America, the Republican front, behind this is the Democratic Party; in the UK, a party, a conservative party. They are a political structure that, it was a little weird! Because he is evolved from the middle class structure. I have visited in USA, Harvard Law School, a research Chinese legal person, he said, just to catch up with the election! He called me: "He Weifang, would you be willing to discuss how the Americans go to the polls?" I say yes, I will! The morning of the second day, he will open a handlebar I connected, and then went to see his vote. The polling station lively like the festival, I can't go, because I'm not USA citizens. After the vote, he says you are interested to know who vote I cast? Then I said of course interested. He said: "I tell you, I was cast votes Clinton, because Clinton had second this seeking re-election." I said: "how would you vote for Clinton? My relatives always scold Clinton, think that the lack of a good!" "You said I vote for? I will not likely to vote Republican?" -- you know their loyalty is the passage. American northeast is rooted in political areas, more and more university. That place is the Democratic stronghold, the Democratic Party will win a majority of votes in that place. The local people are intellectual, the intellectual who is not the kind of the big landlords and big bourgeoisie, spokesman for generations, they are only vote Democrat candidate, don't choose the republican. There is a generation is loyal to the Democratic tradition. Harvard University mainstream color is a kind of "Harvard red". "Harvard red" is a kind of brick red. "Harvard red" some people say that is a blue sky, plus a bit of the Marx doctrine. In this place, he represents a Liberal Democratic Party, or dominant, these things often conflict with each other, the causes of conflict or conflict should be respected, we have a good faith to treat the conflict. For example, a conflict with competition is the most typical, we should try various devices to let people feel that he can be trusted. So get out of speech and on the campaign trail against each other, and in order to face to attack each other, and the television broadcast to the nation. A famous host often host each other candidates debate between the two parties, how so respectable people of this debate is to let a person feel to attack it? -- they was going to attack each other! Because the attack is the effective component of the political system. We study in western countries the so-called litigation against, why can such a state in America? Countries like Britain's happened? Because of their political system is a kind of confrontation -- the British Parliament inside, the ruling party and the opposition MPs batch seated, the middle of a line, when you called cannot cross the middle of this line. Speaker in the intermediate host, both sides to scold. At that time as a prime minister, a national leader, he has no way to avoid the opposition attack on his regular and accused. The famous woman, iron maiden -- Mrs. Thatcher, he in the foreign exchanges is very tough, but, he said: "for me, three things in life that are most fear is: disease, death and parliament." To parliament with the disease, death like horrible things. Thatcher to parliament to answer questions from members of the night before, often can't sleep sleep, eat sleeping pills can barely sleep for a while, this is the spirit of tension! He had no way to stop the opposition questioned. But the opposition is very wonderful, they usually on the government side, the opposition is not power, but they still have to appoint their what justice minister, education minister, to say that the officer was appointed, but no power. That is to say, if the ruling party to make mistakes, no way to the ruling, they can directly governing, without the need for a by election. We speak only under such strict supervision, a ruling party, will be timid and overcautious, will really not to disappoint people. But any so-called Party -- only the party the ruling power, the other did not, he could not produce mutual restriction and mutual supervision real. In many places, I can see American have a collective such political culture -- I've seen a American film: community people together, to vote on a thing. The voting time, you think? Everyone agreed to this thing? They said they agreed to agree, then the implementation of. If someone said that: "I do not agree!" It will ask: "why don't you agree? The things are not bad for us, why don't you agree?" Statement said: "I was don't like unanimously like this!" This is a cultural difference, a democratic political culture. Without a political culture that, there is no way to develop constitutionalism. We say that the notion of antagonism, may show too much resistance, a color that. But I know, in addition to know against, but also learn to compromise. Compromise is a very important part of the culture of the. Compromise is to understand, your interest is justified, no sign of the interests of others unfair. We want to know the difference between the interests, mutual benefit; we should know there is no way to monopolize everything, no organization, no one group can represent all the people in this era. The fundamental interests of the people is diverse. We give a simple example: for example, the prices of agricultural products: we saw rice fragrance, farmers are hard to harvest their rice. The prices of agricultural products, as long as a raise is a damage to the town people, for their interest is an injury; however, the price of agricultural products is always kept so low, how a farmer? You can find this time, between the interests of the workers and the peasants and will appear in a kind of nervous, this is no way to solve the problem. Sometimes we can coordinate, at this time, we must pay attention to is how can we imagine that we can be the monopoly of the interests of others, how can you imagine against them has no survival value? We need to understand that Voltaire's famous saying: "I strongly disagree with you, but I swear to defend your right to speak!" This sentence is often we refer to, that is to say and not others is ridiculous, and he is truth. Two. separation of church and state in our constitution has stipulated that the freedom of religious belief, but the inside does not provide a most important principle is: the separation of church and state! Is also the government and religion, or religious like a division of power. If we review the western constitutional development history, you can see, the church in the development of constitutionalism, the constitutional development history plays a unique, significant role -- through the beautiful church doctrine, to make all the people into the original sin of people -- Mr. Adam and Ms. Eve two people in the garden of Eden was playing very happy, then one day, Ms. Eve cannot withstand the temptation of the devil disguised as a snake, ate, so is the wrath of God's expulsion from the garden of eden. This time, everyone has the original sin. This concept is very important to understand the western culture, because everyone has his original sin means that everyone is not clean. Even if you are the emperor, your king, your life process must also be through continuous sin to support the glory of God, and that you after the death of the doomsday can let you go to heaven. So in the West there, in such a situation, not prone to personal worship. We look at the East West, where can the cult of the individual? I think I have experienced the most serious China history of personal worship -- that is the Chairman Mao worship at that time. Chairman Mao is glittering, Chairman Mao came shining, of course, he has a certain characteristic external people worship and some intrinsic spirit -- Chairman Mao that man is as tall, burly, Chairman Mao's face is not long beard... Poetry also wrote: "the North scenery, thousands of miles Bingfeng, miles...." Oh, this word when the negotiations in Chongqing, in the "Xinhua Daily" published on, even a fool knows: Jiang Jieshi number is fixed, the new emperor was born! The poem is written than it is now much better leaders poem! Mao Zedong's calligraphy is now the leader of calligraphy to write well! ... the cult of the individual in the eastern countries are easier to produce, but in western countries, you rarely found from Western Europe to North America. It produces a living man worship! North Korea still worship! There is a North Korean delegation to visit Beijing, a down a few women are crying, the receptionist was frightened to cry, what? "I -- from leaders embrace more and more far"! The cult of personality is the enemy! If the constitutional government, under the constitution politics can allow for a living person such to worship, it is very terrible! The existence of religion and not only in the doctrine, but in the church itself exists. The church as a group of things, it is meant to restrict the power of the Shi family. We know that living in Europe for a long time is divided into two parts: the Shi family life and civilian life. Shi family life of the highest leaders may be king and emperor, and the spirit of life is not the kings and emperors can decide. Such as law, we have seen many of the things he has spiritual meaning, so he became the ecclesiastical jurisdiction category. Again for instance I saw Shen this computer is good, the display is also good, I want to buy him down, I will discuss with shen. Shen said: "I sell it to you, how about 10000?" I said: "line! Then I go back to paying ". Personal Dr.SHEN on my character is in doubt, Dr.SHEN said no, you take me away, back pay, you give me a promise. And I swear I will faithfully fulfill the contract, the pledge cannot be changed, vowed to put the jurisdiction of contract swear to God to the other side, swear to religious court to. Because we know that is not swear swear to Chairman Mao's, we must swear to god. We all know the inheritance of two types of inheritance: legal inheritance and inheritance. Before a person dead to write a file that is after my death the money how to deal with, this thing is roughly one their own volition or will own the things in the management of power extended to after his death. -- after death still rule the world is not the immortality of the soul? Before -- Chairman Mao when dead, with trembling hands, to the Chairman Hua (Hua Guofeng) wrote six words -- "with you in charge, I rest assured"! Ah! After the old man died, Chairman Hua took the sword, that is to say, who dare to challenge my power? What he fight? The battle that is written by Chairman mao. Of course, then the further reveals some historical events -- the trial in his court had clearly said: "you do not know that piece of paper is cut open, you only know that six words, below there are six words, Chairman Mao wrote a total of twelve words! Name: 'you act, I rest assured; if something, find the.'" This you'll find out, will this thing, extends to you after death of the world after death, is still in the rulers of this world. Don't say it is not a spiritual thing? So a person in the spirit of things in life, is a religious institution of jurisdiction. So in the western countries, more often than not, Shi clan authority, and is often the dominant religious authority. Until today, the western countries, we see very few countries, their leader is called the leader, was appointed god. We have never heard an old German president also issued a "5.31" speech, all Germans in Germany, was an old worker -- Johns said excitedly: "we learn '5.31' speech, we all are strong, we all are inexhaustible energy, we must produce more steel, makes the contribution for the German Socialist construction!" ; we don't know, also don't see any president America put forward the theory of "Three Represents", a country in the American slaughterhouse wall reads: "the 'Three Represents' spirit guides we slaughter!" At the same time, the students, we think, in western countries, Shi clan leaders never pipe human spirit. The spirit of things with the religious authorities to tube. This is called the separation of church and state! If the highest authority of a country in political supreme authority and spirit is actually the same person or the same organization to exercise, a nation is an authoritarian state. This is a very simple reason. Three. democracy of our country is called the people's Republic of China, we are a people be in power country, but the people be in power is not an abstract declaration, but to be specific, in reality the system in a series of intermediate, and system to ensure. Western democracy's history can be traced back to ancient Greek city-state of Athens democracy, we all know that democracy is the basic meaning of the people directly involved in political life. Such a situation in the ancient Greek city-state of Athens age will show everyone the chance to participate in political affairs. Then, he directly caused by the representative democracy, democratic practice later to a representative, because in the vast country inside, no way to participate in social voting. But regardless of is the representative democracy and direct democracy, people must be actively involved in the process of a political state such. Why is it so? What is democracy? It should be said that, without this there is no dignity, really, what should I do? Should not do what? If it doesn't matter with me, think of me as a slave and not as a person, think of me as a capital of the people. So this is for the dignity of the individual requirements of performance. Making process can be established on the basis of democracy of national law, there are extensive participation of the people; the law is not a ruler gift out of rules, but the people themselves to make the rules. That means people's cognition for the laws of this basic fact reflects his will. The following means are more likely to achieve a good social order. Because the social order is good means that people obey the law, why people obey the law? If the theocratic era, we say people because of fear, the law is divine law, people's fear of you, so people obey the law; but if in the feudal era, from the feudal law about, so he fear; so, in the modern society inside, people obey laws in most cases shall be derived from his involvement in the making the process of law, so they are willing to obey the law. In the benefits of democracy because it can put dignity passed on to every people, not be borne by the rulers to. Decision making risk is a very interesting topic, because the Three Gorges of the Yangtze River this dam, this decision must let the people to participate in the. The people involved in actually the last people will not get off the hook, if the Three Gorges Dam problems, that is the people's own responsibility. We now for the understanding of democracy is often too shallow, thought democracy only to benefit the people and not good for rulers, in fact, my opinion, it is good for the rulers of the people, because he is the risk to the people. You choose Clinton, Clinton is a problem in Lewinsky's things, that is your candidate's responsibility, you see left eye! This is a bit like free love and forced marriage, forced marriage, in fact you have reason to complain about the parents, your parents have complained of power -- "what you don't find me a good one, you have a look this broken man". But now we advocate of free love, for example, when the two of you studying at the Nanjing University of Finances and Economics, the two of you know, your own good, I don't have to stop you, you get married, you said that you love is not good, it is their responsibility. This is why Americans are so see Clinton not pleasing to the eye. Hey! This thing got so raise a Babel of criticism of our country, it should also think about these things, our country some individual leaders, newspaper is reported, this is also reported, that also rumors -- the song... Democracy but also reduce the political cost of rights. A responsible party and state leaders no longer to safeguard their rights, because this right does not require him to maintain. Because this is the people's choice, is truly the people's elected representatives. Who dares to such power to engage in illegal activities? Then we commonly call rebels seize power. If anyone and thousands on thousands of voters directly oppose, that is not what good end! So, say not a coup in USA history, in addition to a civil war, which lasted a four years of this presidential election, because the people's choice of a person, he will have a full power regardless of escape military service when he was young, or the bourgeoisie flow tendency, so he only need to complete the exercise their power and do not need to worry about a careerist. You can find, you in some countries is not such, leader is respect in their own power. Because of his power sources are not elected, and not the Democratic sources, he is a leader that you act, I rest assured, you can through the non democratic means to gain power, so others can rob you of your power in the same way, so full of kinds of uncertain factors. So the soldiers impermanence will, no ordinary soldiers, several major military deploy forces, so to try various devices to be the pink of perfection of the dressed up as a moral person, because morality if defective, it will increase his power more uncertain, he may be out. So will always put power into the Babaoshan, must have the highest power grip to the last moment of life, as if to go would be very dangerous. Advance out means you may be overthrown. Were overthrown people to not return to a civilian life. At that time in prison or under house arrest by. We see this case meet the eye everywhere. So, in many countries in transition process, the supreme power, can be said to be full of bloody, very terrible, even to the head of the game. The peaceful transfer of power and democracy, democracy is making a civilian from state leaders met with the military, do not need to wear a uniform at close distance looked like no collar clothes. This means that the military dictatorship, and this is a unique phenomenon under the condition of non democratic. So, if we say that stability is of overriding importance of words, that democracy brings stability is of vital importance. Four. legislative procedure to improve the people's participation in the legislative process. Democracy itself is a technical means to protect. Democracy is a kind of principle, also is a kind of complicated technology, how can let people participate in, how can let different people's interests can be an expression of a very fair, how to protect the minority from the suppression of the majority of people, all these things are required by means of technology to protect. We Chinese good at shouting slogans and not good construct the concrete technology. -- we don't even know how to meet, how the meeting is the meeting? How many meetings are useless, in addition to waste resources did not play what role; already made a decision before we back on the number of meetings, the meeting is just to give you a hand to get a legitimacy; how many times before we meet and have no specific demonstration of what people should be invited to in -- specific to our National People's Congress, for example the number represents the size of 3000 people, he means that the NPC is a may not be the highest authority organization. Because the three thousand institutions impossible -- politics law that consists of a number of important mechanism and a mechanism is inversely proportional to the most important, in the China mechanism composed of seven previous is now nine member Standing Committee of the political bureau. If the Standing Committee of the Political Bureau became 85 people, will know that committees are not important. Sometimes we voted in favor of the need not to write, to abstain from and against the bill requires a pen writing, which means that all have people are bad people! So the legislative procedure; some technical aspects of the things we need to carefully study. Five. judicial independence this is one aspect of your learning laws often emphasize the words, I don't want to talk too much. Six. the protection of private property and perhaps for us, from a young age is a learning theory of socialism, "political economics", "what socialism is bound to triumph over capitalism". As for property values have no way to just understand. Today, we are increasingly aware of the protection, if a society does not strictly a private property of individuals -- countries can take your land to confiscate; countries could have sent the police to your house to see what you see in the dish -- if you look at the yellow disc, the state is very anxious, you'll get an education. We all know that there is an English proverb called: "a man's house is your fortress", he is not allowed to see the police, catch me see yellow disc. Although see yellow disc is not consistent with the mainstream moral, but people see yellow disc power must be guaranteed. The premise is the couple themselves at home in a sneaky way to see inside, not outside, say Nanjing University of Finances and Economics came to classroom hanging screen, open look. Also not making yellow dish in the home, that is a question. If the couple in the home to see the yellow disc was caught underneath, that couples can be arrested -- because no two people have not had than see yellow dish more yellow! We all know what Lenin says, Lenin said what is despotism? "Generally have no tyranny is police defy laws human and divine and people!" The police can defy laws human and divine, the police can be rushed to the people's residential inside, interfering with people's most secluded life, which means people's rights will not be guaranteed! While the people's rights are not guaranteed, is the country's power is not limited, is a kind of anti constitutional state! But we can ask a question to all the teachers and students: "if our country land to privatisation, what should be done?" Because I don't know, for example, the Nanjing University of Finances and Economics Xianlin Campus together, another together to Nanjing Normal University, in accordance with what? There is no price? The selected? All the countries, it means not private, not private land would have no way of pricing! No way no way rental pricing! News seven. and freedom of speech. We should say that the freedom of the press is very important. Freedom of speech is the most basic of all political right in the middle of rights. If there is no freedom of speech, as a person who does not have the value of existence! So often said that freedom of the press is the right to life issues. Our right to live is very important. In fact, the mouth is the most important for the human rights of survival are not only to eat, but also to speak, not only to say the right thing, but also can say the wrong thing. If we can speak one's mind freely, a society can really become a person's social. This is why we have freedom of speech and the press rights as one of the most basic rights -- no freedom of the press, other rights would have no meaning. Now face a big obstacle in the Chinese, is the traditional news misunderstand our -- we think news if the release of words, will turn things upside down, would you like to say what they like. Our comrades tube news called Ding Guangen in the past, some people say is "staring at you, turn you, follow you"! This is our nation for more than 2000 years not to solve the problem. How to cultivate some rational citizen journalism, we should say is a very important sector. * * * * * next after two points I do not want to say, because the latter two wife sensitive, I only speak a few examples. Because today is a happy day, I don't want to say some people to feel too sad, too heavy. Eight. The relationship between the army and the government, the army is simple, the army in a country which is a national constitutional system status is very important. More generally we can use the soldiers in the political life of the status to measure a country's democratic soldier -- position, a national democracy is worse. When we look at the NATO defense ministers meeting of the past, is wearing a suit case shoe, you see the socialist countries of the Warsaw Pact? The defense minister is glittering rank. The army's excessive politicization, also makes great soldier can not ending -- like Lin Biao such a great soldier, Lin Biao is said to work miracles in manoeuvring troops, he chewed soya bean can decider. A great soldier like this, if his life as a military occupation, people will take it as a great honour, may also believe that his daughter is not so much humiliation, his wife leaves group may not be killed in the wendouerhan of Mongolia. But he went to the political. So from this thing, we have to reflect on the relationship between the army and the government. Nine. modern political party system we now see the constitutional state basically is a political party as the spokesman of the different interest groups. The modern political party system means that we should respect different groups, different political parties. To respect different political parties. I don't want to advocate the so-called party regime, perhaps one party inside divided is desirable, as Japan's Liberal Democratic Party that... Because of the time, I report here today. Thank you