Speaker.Cai Xia (Department of the Central Party School professor party)

Rong Jian (Research Fellow at the Zhongshan University Marx philosophy and research China modernization)

Su Xiaoling (senior media person, writer, influence China network president)

Time: June 19, 2013 (Wednesday) at 7-9

Location: south side hall in a palace hall in Peking University Library

Moderator: Zhang Qianfan

Zhang Qianfan: Thank you for your participation in the constitutional forum citizen eighteenth stage, is also the last time this semester, students have entered the review stage, the coming holiday. The recent domestic situation is strange, we do not have to do too much publicity to the lecture, so today know this, people tend to a little less. From the beginning of May, the domestic fashion anti constitutional sheer fallacy, logic is very ridiculous, you know. Constitutionalism is a very simple thing, is the implementation of the constitution. Learning the general secretary is already very clear, last year the 30 Anniversary Memorial repeatedly stressed that the implementation of the constitution, the implementation of the constitution is the constitutional government. Constitutionalism, constitutional political name, neither surname "company" is not a surname "endowment". But there are still the Queen's scholars are to give it ", said the constitutionalism is capitalism, socialism can not engage in constitutionalism. Also have a file to unfriendly attitude towards constitutionalism. Fortunately, today is not the same as before, is that what you believe before what sheer fallacy; this time out, there are a lot of criticism and even names online, so far I have not seen anyone agree with these arguments.

Today to discuss "implementation of the constitution", also is the constitutional government is to reform from the bottom. We are pleased to have invited three scholars. Although they are not the constitutional experts, is a study on constitutionalism. First, the Central Party School professor Cai Xia "senior beauty". She is very young, she said, "senior" refers to the study of the party building of very senior. She began to engage in political studies from 1985, during this period published many monographs, published "the unspoken rule", "promote inner-Party democracy" and a series of articles, has extensive social impact. Now the Party School professor of Department of fellow, but also the national and Beijing municipal Party institute. Professor Cai is famous for its "in recent years, I found that the Central Party school teacher often than outside the teacher and university teacher dare to speak

The second is tall, many fans Rong Jian professor. He was not sure whether to come tonight, so the propaganda did not put him on, and if he was to write up, people will be more than today, because of his micro-blog has plenty of fans, is said to have 2 million, the impact is very large, then be rather baffling block, is now slowly recovering. Believe tonight after the lecture, and will be a lot of fans. Mr. Rong is the research on Marx's philosophy origin, the research on Marx's philosophy of Tan Xianzheng, the constitutional how could only capitalism is not socialism? Obviously absurd. He was a PhD in NPC Ma Zhe professional, 89 years for special events as everyone knows no thesis defense. 90 in the sea, the sea travel, very successful. Commercial success later returned to the academic, wrote a series of articles, very influential, published "democracy", "Marx's creative exploration" and other books, the recent research on revolution and Reform on the Internet had a tremendous response.

The third is the influence China network editor in chief Mr. Su Xiaoling! His name is misleading. Xiaoling experience is also very legend, do enterprise workers, manager of a bookshop, a professional writer, did the Journal editor. From the age of 17 newspapers, the underground activities (field laugh). Published "the journey of life", "tragedy", "spring has asked the sky", poetry, prose and essay writings.

Very happy today have three outstanding scholars to join us in the discussion, the following please welcome Professor Cai Xia. She's topic is "constitutionalism is not about doctrine", welcome!

Cai Xia: you all good students! Very honored, didn't go to school to the north, to the north and all students can discuss problems today, in my very honored, round a dream of their own, finally in Peking University Library to sit down, this is a good thing.

I told Zhang Qianfan the teacher reported speech topic is "constitutional doctrine" -- not about whether capitalism, socialism, conservatism, liberalism, not about doctrine constitutionalism.

Under this topic, I want to discuss three questions:

A, constitutional and doctrine about?

I am not specialized in research, on the theory discussion to consult a lot of students, teacher here, just from the life of common sense that it does not have a relationship with the doctrine of human political life, is even reflected in the objective laws of social life, is a requirement of the law, some of the practices of human in practice feel the rules, follow these rules of the form, into what is now called "constitutional" noun things, nothing to do with the doctrine. Why now talk about constitutional government will these words with capitalism, socialism, conservatism, liberalism to speak? Besides the origin of academic discussion, the Chinese society to talk about this issue, mainly the concept of rigid thinking conservative has not changed, what are the conceptual, slogan, to talk about these things abstract from the concept of empty, so the argument, and get these arguments blocking the development of democratic politics in reality, we must abandon this kind of thinking.

Why to say no to constitutional doctrine? What is the essential meaning of constitutionalism? Is the guarantee of human rights. How can we protect human rights? There must be the rule of law, the rule of law to protect human rights. People gather together to form the society, form the society should have public power of public affairs for the treatment (Management), it must be a power is how to produce, who is the power of these problems. In the long-term development of human political life, some nations and countries and gradually get rid of autocracy, the public power of society is people, each person, each person to a part of their powers, the formation of public institutions and public affairs management and service, to produce of public power. The source of public rights is people, so the people be in power. In this connection, the core content of human rights, democracy, constitutionalism is the rule of law. So what is the constitutional government value? Two: one is to limit the power restriction, we now speak of state power. We all know that the state is not empty, is the system of political power. Who holds the power in these institutions? Is determined by the control and operation of state power. In real life, the power of the people in the position of strength, without the power of man were in a vulnerable position, so power is likely to become power will infringe the public interests, violate the interests of everyone here. This will limit the power, normative power. Restricting and regulating the power to be hurt by the power, the power to do what it should do for the public interest. So the basic function of the value of constitutional government is to limit the power of. This is a hand.

The constitutional function value of its second aspects, is restricted in the sense of democracy. The society is complex, the society is in the interests of the diverse, involve the public interest in public affairs, must have different opinions, is a pluralistic society. We refer to the basic right of every person must be fully respected, and the realization of human rights protection. Despite how correlated with the level of economic and cultural development of national implementation degree, related to the construction of rule of law, but the basic idea is: everyone has equal rights. In the social public affairs processing, there is a majority and minority relationship between democracy, if unchecked, some people may be the name of most of the nominal harm minority. While everyone may be due to different things became a minority position, if not correctly handle the relationship between majority and minority, the right of every person, each person's survival and security can not be protected.

So the constitutional function value is two: the restriction of power, limited democracy.

What are the guarantee of human rights? I think it is the rule of law. So the basic elements of the implementation of the constitution cannot do without the rule of law. The rule of law to regulate the power, regulate the majority of behavior, must have the problem of how to implement it. Constitutionalism is the basis of the sovereignty of the people, the power is the power of the people, it is people how to make the effective operation of power. It can not avoid the election -- this is one of the basic elements of constitutionalism. The election is to establish the delegation relationship, the election is directly elected or indirect election, generally speaking is the combination of direct and indirect election. Because in real life, population size limits the democratic mode of operation, small range can make direct democracy, but the big crowd, range impossible what do direct democracy, must engage in indirect democracy, representative democracy had so. Representative democracy also needs the rule of law to establish requirements and operation.

The representative organs, in the West called Parliament, in China call people, it is not the same as the name, the actual exercise of all is the representative, expression of public opinion, a major business decision. We're going to the Western parliamentary system and the system of people's Congress Chinese distinguish, say that is capitalism, socialism we are, so there are different in nature, which is a lie, cannot make out a good case. If you want to have what different, frankly speaking, our system of people's Congress is now all the more, the position is empty, the function is virtual, not really play as public opinion, expression of public opinion, public decision-making organs of sovereignty, this thing is really not the same and abroad. So the reform of the system of people's Congress imminent. The representative system is that we speak of the National People's Congress, I think there is no big difference.

The two is the constitutional government is to limit the power of. Now many people say can not engage in the separation of the three powers, comrade Xiaoping said "no separation of the three powers". However, the separation of the three powers is a kind of political model, is a phenomenon but not essential. Grasping the essence through the phenomenon, the separation of the three powers behind what we can not do, must. What things? Behind the separation of the three powers is balance. Decentralization is to balance. We know, excessive concentration of power will become a scourge, to prevent the scourge of the public power, prevent the abuse of power crime occurs, it must be the necessary checks and balances of power. This balance is two aspects: one is the different function between the power relations between balance, so the decision of legislation, execution and judicial separation. The checks and balances are needed, no socialism, capitalism points.

In fact, the principle of checks and balances in all aspects of social life are, why? Because it is the fundamental law of human social life, is not a matter of principle. The simplest example is sports. We all know that set the rules of the game are not when the referee, referee who cannot go to play football, play can not make the rules, sports have decentralization problem? Must have.

For example, under the condition of planned economy, the socialist planned economy period (some people think it is the authentic socialist), a unit for money, obtained the leadership there signing, got to sign to accounting where reimbursement. Accounting at the signing, give you do Zhang audit down without any question, the cashier will give you the money. The signature is a person, also is the decision maker; below is the audit, supervision of a person, accounting; executive is a person, to give you the money. This Is it right? Three right? Is it right? Division? Under the condition of the planned economy which unit has no such department?

For example, a few years ago I do rural democracy to Chengdu television, said service villagers committee, the villagers to carry out democratic supervision, among them one very important is, the village committee director took the money to buy things for reimbursement, reimbursement villagers supervision group supervision, which is already divided powers. However, in the supervision within the group also balance each other, the farmers Village Banking Group official is separated into five parts, each person take 1/5 chapter, five people agree, the five petal chapter with a rubber band tied up, this chapter to cover Sungdo Aki, money can come back. If a man put the money is not reasonable, do not want to render an account. So the balance principle in the social aspects of life are in use, do not care about socialism, capitalism, liberalism, conservatism. To investigate the regularity of the phenomenon in theory, the formation of theoretical analysis and discussion is the first liberal scholars put forward, but it does not mean that something is liberalism proprietary, is actually the people rule phenomenon in the social life found, understanding, expressing, improving action in conscious awareness, and that. So I think this thing is not a matter of principle.

Besides the multi-party system problems. Some comrades say that the constitutional government must engage in multi-party system. So, said firmly not to engage in multi-party system, said to engage in multi-party system, it is also very common. I think this is all thinking Abstract concept. The party was produced where? The multi-party system is not to say that there are three party, the five party to a multi-party system. This should be the party arising from the point of view. The party is generated from the society, the multiple differentiation of social interests, have different interest groups have political requirements to express their interests, realize their own interests, thus people to organize for their own interests, thus forming a political organization. The highest form of political organization is the party, so the political party is the different interest groups spokesman, is representative of the interests of the voice. The party is generated from the society, the sound can have a significant impact? It depends on two points: one is the political parties as spokesmen for the interests of social groups on behalf of the interests, whether it is universal? If yes, send out the sound, the public support, the party will have influence, will have the power; two is the game depends on the social interests. Interaction of interest game social interest groups, promote social forces continue to grow, the party gradually grow.

A country, political generation Is it right? Because you are willing to, or unwilling and stop it, kill it, the party will not produce? No, not at all. The party is determined by the society. Political party system is not determined by the subjective desire, but by the competition of different social forces as the foundation decides the party strength size, a country's political party system finally formed. So the political party system is the change of things, there can be no provisions which one political aspirations, static, forever, this is not possible. You look at India, Gandhi led the people of India out of British settlers only one party, but to the 1993 election formed two party, long a big party of India formed two party nationwide now, India and regional parties, here is not to say. The British had typical is a two party system, the three party phenomenon in recent years in the election. Japan is a party, the party assigned, but in recent years the election, Japan has a two party system. So the political party system is not human, is the process of social development, is the social strength development and the result of the interaction process, is a historical movement.

As for our country, if not admit that our country is the multiparty system, then we put the democratic parties into what? In fact, China is already a multi-party, objectively is a multi-party system, our problem is the relationship between the party and the party is what kind of relationship, it is worth studying. Whether to achieve political equality between the parties to be worthy of the name, the common participation in national life, play their respective role of political parties, this remains to be clarified. So the multi-party system is divided into socialism, capitalism, this cannot explain China reality. If you deny the China is now a multi-party democratic parties, unless that is not a party. Of course, now the democratic parties Is it right? Party, in my view, can be worthy of the name of the party is far worse, or to treat it with the point of view of social development.

The basic elements of constitutionalism said, regardless of the socialism, capitalism, is the social life rules, basic requirements, achieving social benefit through decentralization and balance of power, the party system roughly balanced, in the interests of the interests, the interaction process with the effective implementation of the constitution guarantee the realization of the basic right of every person, promote social equity and justice. The constitutional essentials in this place, the value orientation in here, so don't care about socialism, capitalism, this is the first layer of meaning I want to say.

Two, the Communist Party of Chinese people's subjective defects

Why are said to be on one's guard for constitutionalism is? That "constitutionalism" not to talk about? I think this and the relationship between China Communist People's subjective defects, congenital defects in our country constitutional construction difficult.

Defects in where? Since the modern times, the practice of human history to modern democratic politics are the two major types, western scholars have written a book on "sister revolution": one is the American Revolution, one is the French revolution. Human and democratic politics, different practice these two paths, left us thinking and systematic achievements is very rich, which reflects the civilization achievement of democracy and law, also reflects the defects are exposed to process of democratic progress and democracy in practice, which to us today how to understand, grasp the Democratic democratic grasp the political, constitutional have very important influence.

The Communist Party of Chinese has different evaluation for sister revolution. The premise of Anglo American Revolution and the French Revolution itself is the common thought, namely, human rights, sovereignty of the people, all people are created equal, but the final results are not the same: USA to become free and democratic constitutionalism, the constitutional form the separation of the three powers of the state regime, achieved social stability over the past 200 years. The French Revolution was a mass revolution, destroyed the old system, speak of democracy or democratic, then formed the French more than 100 years continuous social unrest. The French Revolution and the revolutionary ideological premise America in common, but formed the different evolution history, thinking this is worthy of our good.

Then we look at how the Communist Party is Chinese USA revolution and the French Revolution? American revolution we as capitalism, the bourgeois democracy; the French Revolution as the people's revolution. Why? Because the French Revolution is bottom up against the nobles, against the king. Marx, Engels is looking from the perspective of class struggle, spoke highly of the French Revolution, one class overthrows another revolution, the theories and practices of the French Revolution promoted as the Communist democratic outlook. Later by the Soviet Lenin succeeded. While the foreign to Lenin is how evaluation? "Lenin is the Robespierre of the east".

I have put the American Revolution and the French Revolution did a comparison, I think the distinct difference between the two revolution and different outcome, left us three lessons and thinking. First, the revolution can destroy an old world, but it is difficult to accomplish the historical task of building a new system. America revolution to overthrow the British colonial rule, the representatives of 13 states to sit down and do system innovation and system construction, the construction of a new United States of America, in the war of independence, the Americans are brave soldiers; but in the constitution, soldiers became builders. The French Revolution is about to destroy and non construction. After the revolution of new system can not be effective if the establishment and operation of the French Revolution, so people make continuous social unrest, the society to run. This is the first.

Second, if not a constitution based on the rule of law to control and security, even if we have the slogan and the principles of good will not be. America revolution "Declaration of independence", the French Revolution's "Declaration of human rights" reflects the respect and protection of human rights thought. But the French Revolution, the "Universal Declaration of human rights" as a kind of ideology to shout, but there is no rule of law to protect the constitutional basis, so then can't enter the new social normal operation order, is the formation of a society of terror. The French Revolution is about human rights, freedom, equality, is about love, but in fact the revolution has become in the name of the majority of terrorist, bleeding, the Holocaust, is actually anti human rights, democracy in the opposite direction.

Third, to the realization of human rights, the protection of human rights, it is necessary to effectively establish the separation of powers system, this to get rid of autocracy to democracy is very important. The French Revolution can put the king to death, but did not destroy the absolute power, absolute power is wholly intact transfer from King hands to the revolutionary leader hand, causes the absolute power of new. Our country has the same problem. We can destroy an old system, but did not really change and destroy the absolute power, but the absolute power from rulers go now called party. So the autocratic political still deep. In this case will go to extremes, revolution destroyed the old monarchy, but with a new form of tyranny and may recover, than the old autocratic more autocratic, more absolute. So all of these things is the French Revolution and the American Revolution left us a lesson.

The Communist Party of Chinese under the influence of Marx's theory of class struggle, think highly of class struggle, class struggle is the French Revolution obvious characteristics. Chinese communist revolution destroyed by the old system, but does not take into account the real respect for and protection of the human rights of each person. Then the ruling after decades of the leadership of the party, achievements in national construction, but also made a lot of mistakes. Serious error, including the expense of unnecessarily during the cultural revolution and hurt many people's life, so only after the end of the Cultural Revolution Deng Xiaoping said "to the construction of democracy and legal system", hence "the great cultural revolution about human rights, trampling on democracy, human rights are not guaranteed". This and our democracy defect relationship. Today is the constitutional government as capitalism, the actual exposure Chinese Communist Party for what is called the democratic political understanding very superficial, original. In this issue, China Communist must emancipate the mind, must be the objective law of real political life in human society, not to the objective law into what socialism, capitalism, conservatism, liberalism and other concepts. If the law of development of productive forces in the economy is objective, market economy is not capitalism is not the name of the agency, so after 30 years of reform and opening up, China social development went to Ida, we should emancipate the mind, admitting the objective law of human political life in the field of the same surname isn't endowment not surnamed socialist. Only in this way, can we really understand what call what name is the rule of law, democracy, constitutionalism, what is called, can truly promote the system reform, system innovation, to protect the basic right of every person, so that everyone can live in safety, freedom from fear.

Three, today's Chinese propulsion is urgent constitutionalism is particularly important

In 2008 I went to Spain were investigated for half a month, back after six months of sleepless nights, night can't sleep, why? Because in the study of Spanish scholars introduced us to Spain after general Franco's death is how peaceful democratic transition. This made me think a lot: in 1975 Franco died in November, 10 months after the Chinese Communist leader Mao Zedong's death in September 1976. In the 30 years after the death of Franco, Spain completed the transition of democracy peace. In our country, after the death of Mao Zedong, with 30 years time to complete the economic recovery, growth to fast development now. Today, in the rapid economic and social development, multiple differentiation, Chinese how peace promoting democratic transformation of this problem that we must face the legislative agenda on, this is a big problem we cannot avoid now the. Then heard Spain introduced this situation very seriously, in Spain before I make a lesson, if you are interested can look at Linda's "Spanish travels", a book dedicated to the Spanish transition to democracy in the process, all forces, perplexing contradiction between comrades group's internal struggle, but they finally completed peaceful transition process of democracy. I put the democratic process will now face the Spanish democracy and China made a comparison, the results of six months he did not sleep well. Why? Because I have felt a "four node" no solution, what does this mean? Mean Chinese may happen in the future social turbulence. The first half of the year this is particularly bad, always thinking, want to seek four no solution can become a solution. Urumqi in July 4, 2009 prompted me to write a article. Urumqi happened that night killing innocent riots let me feel if you do not really pay attention to solve Chinese how peaceful democratic process problems, the Urumqi incident in July 4th is not a city problem, has the potential to become a nationwide.

Here I present the four no solution, and we hope to explore:

A peaceful democratic reform, democracy needs of society and the ruling group joint efforts, ruling and opposition to work together.

In peace and promote the democratic process, the original Spanish government dominance made their own transformation, the Communist Party of Chinese can make a conforming to the historical trend of the consciousness is very important. Why do you say that? Before Franco died, he told to the young state power back to the new king Juan Carlos. In general Franco dictatorship period, the old king was in exile, general Franco Juan. Carlos raised up, to Franco before he died, he made clear that the future national full back to Juan Carlos. The new king Juan. Carlos ascended the throne after the opening of the new Suarez as prime minister. One thing they do is to a referendum in Spain, what is inherited Franco's autocratic system or engage in the democratic political system. In a referendum, 78% of the citizens to participate in the referendum, 94.2% of the people in favor of political reform, the establishment of democratic system. This makes the original general Franco's old people saw the autocratic political It is all up with, and they want to win a new living space in the future of the democratic process, so these people have out their own party, seek the future political living space.

So, China Communist Party will have the courage and the courage to seek their own future in the democratic process in the new political space, rather than the old hold 28 years of bloodshed as legitimate reasons and basis of ruling? Frankly speaking, 28 years of bloody revolution, Rong Jian father and my father are involved in the bloody revolution, but have to say this is parents sacrifice struggle, no relationship between now and the people in power. Now in power who have no blood, so it cannot be put in front of people sacrifice their power struggle as a reason. The people in power want to do now is whether the people to do really well, really for the benefit of the people. If now in power who himself from 28 years of blood that is out there, forming the basis of its legitimacy now ruling through their own efforts, so China Communist political space greatly. However, some people in the party that you mention constitutional democracy is a threat to his power, his own closed. This thinking if not change, will take China Party's own death, can cause a lot of problems. Thus, the Communist Party has been Chinese for party a so-called "regime and periodic law" the political alert, is actually "political rule of the rise and fall of the periodic law regime" autocracy rather than democratic rule. "The rise and fall of the regime of periodic law" is a premise: "Da Jiangshan sit Jiangshan" surname surnamed Zhao, power or Lee, is the home of the world political power can not be lost. Take this statement warned party members and cadres to prevent power loss, it reflects the profound impact of traditional autocratic political culture on the Chinese Communist party.

The two is the Spanish promotion social justice help to provide a relaxed social environment for peace promoting democracy. The social environment can we do now? Four no solution only the easiest solution. Spain began the rapid economic development in the 50's of last century, to 1977 per capita reached $3260. One is the economic development, on the other hand, the social gap between the rich and the poor, and many social contradictions. But Spain before Franco died will gradually establish a social security system, establish labor negotiation mechanism, social dialogue mechanism, including the mechanism and further develop union government, enterprise, the three party talks, the gradual release of news public opinion environment. Gradually improve the social security system gradually established, social equity and the extent of the situation, when the Spanish advancing democratic politics, the people directly involved no, but by the far left, far right parties entrusted left, right party negotiations, parties to the negotiation results left, right political orientation, far left, far right parties. The old society, people also feel. The process of democracy in Spain looks the public is not present, but the actual presence, they default to the results. Because the degree of social equity gradually improve, social security is the bottom line, it is the political reform Spain provides the environment public relatively loose can accept the result of political negotiations.

And now the problem of our country is a great gap between rich and poor, social contradiction is very sharp, so Chinese society is almost everyone talk about politics. In fact, the society is a division of labor, let the politician politics economy, people do business, a scholar of meditation do knowledge, we do a line, this is everybody "live and work in peace", which is not good? But in our country, people from all walks of life in politics. Why? Because of the social environment is not easy, and social gap between rich and poor, and the social security system has not been established, especially the human rights law to protect the safety of the bottom line has not really set up, so everyone is the lack of a sense of security. This makes the social environment is not easy, as long as it is possible to make the reform movement of various contradictions like a volcano erupting as burst out. Wang Qishan recommend everyone to see "the old regime and the French Revolution", this shows that he is worried about. The Communist Party of Chinese to seek relaxed environment to promote democracy? Four no solution is the best solution.

The three is to reach a political settlement on the basis of consensus? Spain in promoting democracy, people of different political tendencies to reach a consensus on major issues, we reached a consensus: Spain is the two Spanish people in Spain, all to the national interests, this is the first. Second, how to promote the democratic process? Must have the political reconciliation, the foundation is to protect human rights, respect for the basic rights of every individual, the formation of a national consensus on this basis, make everybody can accept the constitution. Thus, the Spanish home no matter what kind of political parties are committed on the constitutional basis, in the rule of law within the framework of cooperation, peace promoting democratic politics. These two basic consensus is very important. Then we can compromise on some issues? Also our constitution has no national accreditation, Is it right? From top to bottom, that the constitution reflects the common will of the society? We Is it right? Can in the constitutional basis of rule of law, within the framework of cooperation, compromise, rational construction, promote the democratic process? Our country the rule of law in the constitutional issues, on this basis, is not very solid. From the ruling party itself is concerned, whether the constitution as the supreme authority we? Now also don't have to do this, we are in fact regards man as the highest authority. When the ruling party and the government itself does not have the highest authority to uphold the constitution of words, so the eyes of ordinary people is not the law. So some party members and cadres with political power to force pressing social people, society has no right to no money but a life, so the underlying people may tell you desperately, so a violent confrontation, which makes democracy might have emerged in the process of violence, society may be in turmoil.

The four is the Spanish peaceful democratic process, once soldiers trying to a military coup, subversion of the Democratic process. Then the king of Spain Juan Carlos published a minute speech at the palace, to quell the coup, since then no force can stop the Spanish democracy. Spain has two power beyond the secular society, which belongs to the structural strength: one is the king. The king of Spain is the country's national symbol of personality, the king can transcend the secular society of different parties, different interest groups dispute, impact on various groups, various parties, is as a symbol of national sense of personality, we all obey the king. A religion, religion is another structural forces beyond the mundane life. It does not exist in these two things in our country, we have neither the king nor religious, not the party into the secular society, beyond the representatives of the whole nation and the whole nation members are accepted and recognized symbol of a nation. Therefore, in secular life (political party is in secular life) between different interest groups, interest conflict of interests, the interests of the game interaction needs a system framework of peace to resolve, the best things is the constitution, constitutionalism, democracy and the rule of law. In order to avoid social unrest, only the constitutional government to do, everyone agrees that the supreme authority of constitution, under the constitutional government system, the common rule of the ruling party, the government on the cooperation of the parties, to promote the National Democratic construction. To avoid the turbulence of possible future, there must be one thing we all know, abide by. So the constitutional government, constitution is very important for our country behind the Democratic process. So must be rejected capitalism, socialism that empty concept, opposite thinking, really put the national interests in the first place, the fundamental interests of the great rejuvenation of the Chinese nation in the first place, we must strive for constitutionalism and call, and call, to uphold the constitution, the implementation of constitutional body line, thank you everyone!

Zhang Qianfan: Thank you for the wonderful lecture of Professor Cai Xia, her perspective is very wide, but only one theme: it doesn't matter with doctrine constitutionalism. If no constitutionalism, China society will continue to be volatile, this isn't good for anyone, including the ruling party itself is not good. Chinese ah is not religion, do not believe common sense, do not believe the truth, just believe in yourself, believe in the power of. Chinese started from the late Qing Dynasty, the opportunity is power loss. If the constitutional government, in fact, the best of the Qing government, but it did not; to the Republic of China, the Kuomintang constitutionalism of the best, but it is not; now to the Communist Party, it shall.

Below please Mr. Rong Jian, his perspective is very unique. As we all know, the 1949 there was a "common program", but this is the constitutional scholar collective blind spot, too much attention to the "common program", no attention in 1946 had a "common program". That time is "old Political Consultative Conference", the New Political Consultative Conference more representative than 1949, so 46 years of "common program" more than 49 years of the "common program" better. Mr. Rong from this perspective, and to explore the possibility of cross-strait interaction and Chinese constitutionalism, welcome!

Rong Jian: Thank you very much "professor invited to lecture at Peking University, the teacher not to the North Cai learned man's yearning for the north. 30 years ago I gave a speech at Peking University (then I read a graduate student). After 30 years in here with everybody feel very honored to do an exchange. Today about constitutional issues, thousands of teachers also introduced the current problems, a series of unacceptable for us sheer fallacy in this half year, actually has challenged our bottom line, the bottom line. From their theory, with a view to understand the constitutional discourse on the ruling party during the 40's. The people's University professor Yang Xiaoqing think, the last century 40's Mao Zedong in Yanan constitutional promote will be published the inaugural meeting of the "new democratic constitutional government" article, told about the constitutional theory, she also recognize this account; but in her case, the constitutional idea or hair at the time of the story is a strategic discourse, the regime did not count. So the netizen asked: the Communist Party this not deceive people? So it is necessary to come back to have a look the history of 40 years. I wrote an article "back to the" common program "(1946)", this article is written in at the beginning of the year, "spring and Autumn Annals" was published, consensus network, network, influence China love thinking three sites are in the headlines sent out, two days before the Hong Fan a seminar also do some speech.

The first problem is related to the Communist Party of China in the 40's: constitutional discourse about whether there is sincerity? Is it right? Lie? According to the literature, the Communist Party said in this period a series of discourse about constitutional government is sincere, not to deceive, cheat the other Democrats, cheat all the Chinese. It depends on the social condition at that time, contrast relations are depending on the time of various political forces. The war is about to gain a decisive victory, after the Anti Japanese War China on the reconstruction of the country, the Communist Party and the Kuomintang have come up with their own programme. In 1943, Jiang Jieshi took out a program, called "Chinese destiny", two key words: one is free, one is the rule of law. The political report "Mao Zedong made in 1945 on the" seven coalition politics, one of the core idea is democratic or constitutional.

If we compare the two text, you can see the text of the Kuomintang Communist Party than text more radical. For Jiang Jieshi, to Sun Zhongshan in accordance with the "three people's principles" unified China, "the three people's principles" construction China, have a road map to the construction of constitutionalism, which is known to the military, political tutelage, constitutionalism. The so-called political tutelage core, was attributed to a unified national government decrees and orders. Jiang Jieshi said this, of course, is targeted mainly according to the Communist Party armed forces and the Communist Party was established.

During the Anti Japanese War imminent victory, the contrast between the armed forces is 4:1, the 4000000 army, the Communist Party has 1000000; both parties have similar population, area 300000000, the base 100000000 (when 4 million Chinese). In contrast of this power, the Communist Party is facing the problem: it can separate the world down, if down, it will never engage in constitutionalism. If you do not come down, depending on the armed forces to not be in power do? What kind of way to get a space for one person in the state power? This is the practical consideration of problems. So, during the period of 1940 - 1945, the Communist Party speak a lot of constitutional language, including the construction of democracy. The American expedition to Yanan, see Yanan's political situation is very satisfied, very clean, full of youthful spirit, said the full of vitality. On the comparison between the power situation, the Communist Party to participate in the construction of the coalition government according to constitutional democracy way, with the strength of a spell.

Then, put forward the concept of the coalition government, how to establish a united government? And put forward the concept of "the common programme". In the official history textbooks, speaking of a "common program", everybody thinks generally refers to the common programme form of Political Consultative Conference in 1949, the "common program" 1949 edition, its core is to establish the absolute leadership of the Communist Party, on the premise of democratic parties to participate in the political pattern allowed. However, Chinese first put forward the "common program" in 1946, the "common program" in 1949 and "common program", are two entirely different versions, properties vary greatly.

On the eve of the victory of the Anti Japanese War, Jiang Jieshi asked Mao Zedong to Chongqing negotiation, negotiation results in the formation of "Double Tenth agreement", according to the "Double Tenth agreement" to determine the 1946 January convene a political consultative conference. According to my understanding, the Political Consultative Conference is equivalent to USA Philadelphia conference, a preparatory constitutional function. The Political Consultative Conference to form a common programme, according to the programme of the convening of the national assembly, the national assembly through the "constitution of the Republic of China", state governance mode is determined according to the constitution. The Communist Party is to attend the meeting made ideological preparation and organization of the preparation. On the thought, 1945 years ago, put forward a series of ideas, put forward a new phase of peaceful democracy slogans. In order to participate in the Chinese people's Political Consultative Conference, the Communist Party put forward the draft programme, namely about "program" the draft peace.

The Political Consultative Conference held in January 16, 1946 January 10, 1946, "Xinhua Daily" published an editorial: "the common program". The common programme is the Communist's statement does not agree, the kuomintang. After 16 days of meetings, the programme is not called the common programme, but called the "programme for peace and national reconstruction". However, "the draft programme" peace basically is proposed by the Communist party. That is to say at the meeting, the Kuomintang does not have its own draft, when the Democratic Party put the draft, the draft party. Draft involves more than 10 proposals, such as the national assembly, local autonomy, democracy, freedom of speech, of all the content of the constitutional government has, the core issue is the relationship between the state and political democratization. The first requirement is, nationalization of the military, and political democratization. The Communist Party put forward to the political democratization, and the nationalization of the army. This involves the issue between the two parties of the armed forces. In the Army national issues, the Kuomintang finally has made the biggest concession to the army integration, according to the Communist party. Originally the Kuomintang including all democratic parties put forward is the army mixed reorganization bill, only the Communist Party does not agree, it think that mixed compilation down, the control of the army is not independence, it is independent integration, according to the proportion of downsizing the army. In this problem, the KMT did compromise, the party reached a preliminary consensus scheme of nationalization of the military.

The end of the Political Consultative Conference, the Communist Party won a major political victory, all the basic requirements are met, the KMT is not happy. According to this program, this should be the General Assembly held in May 5, 1946, through the "constitution of the Republic of China". For the implementation of the programme of the Communist Party to do the three aspects: one is to ideological mobilization, indicating that the party can now do not fight, can with the Kuomintang parliamentary struggle. Two is the cabinet list to the Kuomintang, the vice president Maodang, Zhou Enlai when Vice President of executive yuan, and prepare the command authority in Huaian moved from Yanan (Huaiyin). The three is the army lay offs, the Central Plains military about 300000 army was cut by 100000. This shows that the Communist Party at the time of the "common program" a high degree of recognition, because this program to meet all the requirements of the Communist party.

On the contrary, the not so think, in 1946 March the Kuomintang held its six plenary meeting, the Kuomintang rightists and the conservative opposition, think that the KMT did not get any benefit in this CPPCC session, all are cheaper by the Communist Party take away, in the party formed a joint programme for negative strong voice. The common programme finally went bankrupt, in my view, the Kuomintang should bear the primary responsibility, because the agreement reached on the Communist Party and the Kuomintang was willing to perform, but not willing to. Chen Cheng gave Jiang Jieshi a military analysis report, found in the 3-6 months through military means to destroy the Communist party. The two sides strike violently. Fight, most will decide in a contest on the battlefield. In 1949 the founding of the Communist Party out of the mainland, the new regime, in 1949 the New Political Consultative Conference, the Communist Party clearly put forward the "common program", "common program" officially unveiled. In the later history compilation, "common program" is the 1949 version, in 1946 the "common program" is a history of garbage, discarded the corner, almost entirely forgotten.

Now to understand this period of history, digging again 1946 "common program" has what significance? The history of this period has passed, in my view, Chinese from constitutional transition just one step away, just miss the person or opportunity. It was a very good condition, in addition to the Kuomintang and the Communist Party, the third party, and power that is democratic parties, the political environment is very conducive to the construction of constitutional framework. Because of the time I can't fully developed on the issue of speech, we are interested can search the Internet I of this article.

Back to reality, in the current situation has not been possible to establish a constitutional framework? My topic is "back to the" common program "," not to go back to the 1946, but can refer to the principles and spirit of the 1946 re built constitutional framework possibility. From 1946, the situation, do not have the force equilibrium between the same, it is a party, the political environment we know, here not much said. If this power relationship relaxed to the cross point of view, it is not the same. In fact, the confrontation between the parallel relations still exist now, since 1946 the political ecology has not ended, the Kuomintang was the ruling party in Taiwan, it had the army. If open to cross-strait political pattern observation, can see that there is a constitutional framework. This year, the Kuomintang and the Communist Party has four high-level dialogues, Xi Jinping has met with general secretary Wu Boxiong. Jiang Bingkun recently proposed open questions about political topics, hope that through folk echoes and pushes the discussion to the relevant problem. The DPP political veteran Zhang Junhong proposed in 2008, unified Chinese based on democracy and the rule of law, namely the "one country, one system" theory. You may have noticed, yesterday, Xu Xinliang proposed the establishment Chinese Council claims, is directly related to the institutional arrangements.

In my opinion, if the pattern on both sides of the point of view, to 1946 "common program" is of practical significance, the common programme is put forward by the Communist Party and Kuomintang, which is not present, it is the Communist Party can only use the precious spiritual wealth. In accordance with the common programme to build a constitutional framework, not only solved the problem, political democratization, and solves the unification problem. Ma Ying-Jeou said, if the continent is democracy, freedom, the rule of law system, they are willing to talk about the unification problem. On the constitutional unified China, how it is a great contribution, not only won the Nobel peace prize, and it is history.

China under the present circumstances, full of possibilities, the possibility is not to say that by conscience or a concept understanding and lead, the actual from various government advocated force. I always think, a party of an organization is absolutely impossible to decide the fate of a nation, the era of the past. The maximum pressure is now the ruling party is facing the people wanted change, people have also faced, various social contradictions, which is hitherto unknown. 80 years of social crisis floating on the surface only, the north can become the center of the storm. Now, the North has been completely marginalized, contradiction and crisis center is in the basic areas of society. This is the ruling party must face the reality, the reality is not closed his eyes can not see does not exist.

Therefore, the China future transformation should keep optimistic attitude, China have to solve these problems, wisdom, also have real power to solve these problems. If the ruling party will be able to see this trend, the real return to the constitutional source before it had advocated, it is able to have lost the people to gather together, to lead the country peaceful political transition, the ruling status does not necessarily lose. Now no major political forces a to fight it, 1946 there are dozens of party, now is not the case, it can easily dominate the transition process. These I will, thank you!

Zhang Qianfan: Thank you, Professor Rong sword wonderful report. He convincingly demonstrates, the 1946 "common program" reflects the sincere desire now ruling party constitution, it is also a kind of "literacy", because I also and Yang Xiaoqing similar views, 45 years after the Communist Party Constitution is just a PR strategies, is said to the Americans to listen said to the, to Yanan literature youth listen, for a large number of Chinese trust. Now Rong sword so I said, the ruling party is really no need to think so bad.

Unfortunately, China constitutional lost many chances, 1946 may be the last chance, the results just miss the person or opportunity. But Professor Rong sword and a little hope, the Kuomintang was rushed to the Taiwan, can not come back (the scene laughter)? 87 years, you know what happened in Taiwan, I was as a student in USA. At that time I wrote a review, if the KMT to good to be back.

Rong Jian: I add, Mr. Wu Jiaxiang proposed a detailed, 87 years of United Front Department asked the Kuomintang ashore on the third cooperation, said the former two cooperation failed, looking forward to the third cooperation problems. This problem is proposed.

Zhang Qianfan: if so, Chinese constitutionalism will get a new life, through the third cooperation towards the third republic. So far we have had two Republic, the Republic of China was established in 1911, 49 years have not completely eliminated, now confined to the Taiwan islands. In 1949 the Second Republic had great turmoil, now need to rebuild the republic. Whether through the co-operation between the two parties to the Third Republic, will now the ruling party has no courage, boldness, determination. I'm still not convinced, general secretary is not so confident. If really confident, it should be a historic step towards.

Please have the following third spokesman Mr. Su Xiaoling, for a period of time before he wrote an interesting article, read a little to Professor Cai Dingjian wrote "democracy is a way of life". His subject is "constitutional dignity survival mode", welcome!

Su Xiaoling: today, Professor Zhang let me speak to Peking University, like the two teachers, felt very happy. 1980 years in Tiananmen square, I gave a speech (field laugh), the happier today is second times. Have the intrinsic relation which, over the past 24 years, I'm still not a citizen. The past cannot bear to think of the past, Mr. Zhang said at the age of 17 I started publication, underground publications, the results by the public security clampdown, I have to say is, I said no, is a lover of literature. They must have, because there are anti Communist speech. This year, why people on when a citizen has the very strong desire? This is because we had a very long, the citizen expectations process! In the face of this so strongly anti constitutional countercurrent, me and Zhang Qianfan, Rong Jian, Cai Xia and other teachers have published articles countered. Fortunately, we had a small victory, very happy!

The so-called constitutional, a way of living is a citizen, not what name and surname of the problem. Some scholars like the mysterious or demonized, causing mass on the constitutional misunderstanding. Fortunately, the netizen is strongly opposed to the voice of our constitutional government, support, this is very encouraging. That is to say the netizen has awakened, know to defend their rights in some way, the power to put into a cage, the individual right to everyone. In fact, this is a very simple reason, in China up is very complex. Who caused it? Of course, is the ruling party by the. If the 1946 began to implement, to today where at the north also speak of this thing? No need to, we can talk with you about something more interesting. Just now, two teachers from the political science, historical perspective of constitutional issues, I may be more sensible point, this speech is mainly aimed at this stage happens on their own point of view.

We all know that several months Chinese thought what happened. A few articles repeatedly thrown out, his face arrogant, seems to be strangled in the cradle of constitutionalism! In the days without falling down, and many in the press we think ahead, at least we can sit in this place easy to talk about this topic today. Objectively, the society is a step forward. How can put in the past? Some scholars oppose constitutional government, to Chinese experienced a constitutional appeal for more than 100 years still refuse to be cowed or submit the twists and turns, showing a hitherto unknown disdain and slander. This light said is pride and prejudice, that is the focus of evil and evil! It has been separated from the people for justice's normal thinking track, naked pursuit of freedom, the light and happiness goals draw further apart and human. So from the past and to lose logic and legal remarks excessive wither in Scrabble the weapon of criticism. Fortunately, China ideological circles and benign respiratory, voice and refute the. Of course, more important still is the strong resistance from the majority of Internet users. Indeed, people on the constitutional consciousness than perhaps elite theory is more important. Why do you say that? For a long time I think China intellectuals have a question: do not connect to the earth. Some leftist theorists seem to be "down to earth", because the hair color, there is emphasis on the so-called social justice view. Liberals have always ran the fundamental problem, and the most fundamental problem is the problem of individual rights and freedom, constitutionalism, achievement of civil society problems. But ordinary people do not understand, we say these "known" not to do the decent thing, there are a lot of misconceptions. Through the constitutional safeguard and our expression, so that we and many of the underlying the feelings of the people with a connection process. So I told Miss Zhang said, this is very good, is a thing very happy: finally able to fit and public appeal connections to find together, think that we are talking about constitutional government with the details of their lives including human dignity together. This is so we can win important point.

In the eyes of the people of a certain kind, constitutionalism is unacceptable, because it has to do with "capital" name, so it should be included in the other register, into a cold! They forget, if not Mr. Deng Xiaoping give up extreme prejudice of capitalism, the thirty years of reform and opening up, today's Chinese will no doubt be absurd thirty years ago is still continuous, evil. Strangely, some people today, seems to capitalism to gnash the teeth in anger. Whether it is true or false hate hate, many advantages are they really don't understand capitalism, is profoundly welding in today's Chinese body, and obviously improving our backward social signs, its key role in promoting the transition and progress of the irreplaceable?

Well, according to Marx's view, capitalism would eventually doom, farewell to the world. If this as a law of social development, this is also very normal. As the Oriental agricultural civilization, thousands of years will failure. But capitalism to enter the dying is not just now, many elements of human civilization are still required to obtain extracted from its body, including economy, politics, culture, art etc.. Moreover, let Marx to hate with gnashing teeth "every pore drop full of dirty blood" commercial capital, the crime has been transformed into economic contract of humane and moral tension, exploitation once that inequality has been as voluntary mutual reciprocity of modern social relationship and get replaced, protection of the state the constitution. Can stand in a despotic cultural and economic traditional context, to criticize another free and open society, and attack is the core value of most universal recognition, it is a typical of the simpleton, no logic and non rationality.

Said China need not constitutional, is obviously contrary to historical knowledge, trying to subvert the value of justice. For hundreds of years, it is a real China dream - the people, especially those in the whole nation, humiliation and suffering in the struggle with soul feel, to life to pursue justice, freedom, the ideal of people's China dream! Constitutionalism is China dream, this study general secretary and Obama dialogue said China dream and dream is the same American. We need to do some articles, to bring more people to the constitutional way push.

"Not as a" constitutional government, be like "antique" as my long years. A long time, that too much Chinese simply forget to have this sort of closely related with their life work: the ought not to some power in the cage, will should have the right to give each person, no matter what he is! However, powerful entity constraints, restricting the huge vested interest, the people began to bring in 1215 by the British system, and in 1787 by the American political system design of comprehensive practice good, always difficult to transplant success.

In fact, today's Chinese said, constitutionalism is practical rather than theoretical issues. Because of our theory is not a theory construction, or, we just used to maintain the legitimate existence of power and capital, or to the vulnerable groups of preaching or perfunctory, leading to the loss of political, cultural, economic and social moral bottom line, even the most basic, is our common to enjoy the so-called "universal values" also suffered some scholars China struggled to criticism! Therefore, in the past one hundred years, and liberalism, constitutionalism in the political wrangling in the all a hideous mess, vague. The Communist Party of China after the founding of the PRC, especially since 1957, a chaotic political movement, the theoretical circles also abruptly into not only would answer the servility aura. When the progress of human society knowledge concept has been blurred, the people and the society of China and suffering can not be blindly and thought and behavior way?

A fantastic is, today's China did not get rid of bad luck this theory, all kinds of seemingly sacred, politically correct things will constantly filled with our social audio-visual. Even common sense is hard to find! It is no wonder that this year's "people's Daily" on the first day of the new year a revision, in its official micro-blog said: "the new year, we will try to tell the truth, to write the truth......" But the "Global Times" each period are lies. Recently, the influence China network special open up a column, questioned the "Global Times".

Some people insist that the constitutional idea is capitalism, rather than socialism, social management mechanism actually constitutionalism is a standard of right, is an inevitable choice of civilization. Just Rongjian professor has reviewed the history of the Communist Party of China, also hope to solve the problem by the orthodox position, need the legitimacy, to get more support, so throw constitutional claims, finally abandoned.

And today, but no one knows who will start the constitutional button, we like to put constitutionalism do, everyone began to enter the constitutional practice, promote social progress, but now No. Because, the full implementation of the practice was also quite difficult: call a person sad is, in this huge society has 1300000000 people in, we do not see a truly modern citizenship. Because, people also tightly restricted in the absence of any legal significance of the "people" category, not free speech, not independent of politics, not private property, and the rights of a modern citizen should have too little! Therefore, in a long period, people can not help to look into the past, even miss Republic: news and views relatively free, no party newspaper ban limit. Most of the media responsibility is to criticize the government or politicians not; major education in university is to realize national independence, personal freedom, discern the truth of enlightenment; the glorious duty of intellectuals is the advanced thought introduction or advocating Western nations, including the Marx doctrine, liberal, anarchism and so on. They try to enlighten the public from the state, nation and even find themselves and other each individual's future. But the constitutionalism, has begun to show its charm. If Yuan Shikai is not eager to proclaim oneself emperor, promote maybe formed in the provinces where the conference board, can be the first constitutional republic Chinese of achievement. If Sun Zhongshan did not become the Kuomintang regime, may still have a chance in the completion of the establishment of a multi-party system after the war of resistance against Japan democratic government. If history dating back to the early, so, maybe Tan Sitong and Liang Qichao were also to support a constitutional monarchy of Emperor Guangxu, start the game? More than one hundred years, almost all the oppressed and deprived - party, industry, gang, groups, no matter what they are, what social role will naturally seek free existence and development rights, but the power to the powerful ruler, a collective has gain, can to stop the democracy, freedom with the social progress demands, including the legitimate pursuit of the implementation of constitutional politics. It is no exaggeration to say, today because of lack of constitutional government officials as a result of the widespread corruption, emerge in an endless stream of rural social group incidents, has been fully deconstructs the authenticity of the ruling idea, also the collapse of the legitimacy and the legitimacy of the regime. We will often see frequent group events in the media, a few days ago I came to find me, said the local a town government to engage in a high-voltage wire project, the villagers to stop, the results sent more than 300 police, the security forces were crushed, very sad. This authority is not restricted by the. Constitutionalism not more than, tyranny. No constitutionalism, tyranny cannot control.

I think, even Marx himself, also never deny a necessity of social development in the process of constitutional government. In fact, any theory is grey in the face of reality, whether they belong to, who invented what doctrine. If they can not effectively prevent a conflict problems, but still to restrict people's freedom, deprived of human rights, the laissez faire government power, leading to social injustice, lead the civilized history backwards this phenomenon It is often seen. So, people have the right to criticize, modified or re selection. The Communist Party of Chinese in Marx theory as guidance, it is thought that the thought fully in line with the Chinese nation's independence and freedom. But for more than half a century of practice, has proved the final result is not ideal, or choose the road of people would give up halfway restless, and can't go on. But in order to continue a certain historical or retaining political face, hold the cease to exist except in name of racism continues to carry on the. People didn't understand is, from the west, by human practice has proved difficult to achieve (or temporarily cannot achieve) of the Marx doctrine, in a class of scholars China mind seems to be a religious theology, sacred inviolability. And the same is from the west, but in most countries and regions proved effective social liberalism, why was regarded as great scourges? Seek truth from facts to say, Marx, and not because of the natural limitations in the Oriental practice and lose its existence value, it still receive the deserved position in the West today, and it's true. No one will be as it used to be people will work together with the modern authoritarian, dictatorial, do not respect the contains its academic spirit of humanitarianism. The people of Marx, he is the more human political scholars academic value, theoretical basis and not as a source of power. Now give up no less than Marx, I think the most important issue is the legitimacy of the regime. This is the fundamental problem, so had Marx not to put, because they want the legitimacy of so-called. There seems to be no Marx, no legitimacy.

Objectively, we have learned many authorities do not know the fickleness of the world, is not I do not know the suffering of the people, not suffering, not scholars do not know society depravity, not knowing the rage; nor even know that first demonstrated the common achievement of human civilization belongs to, namely constitutionalism is the core of the universal value for the vast majority of benefits thought on security, free, comfortable, happy life of the people. Of course, no they are not is a non principles, not of human knowledge, is not without honor or disgrace ". So, in many large table words also tend to leak is very serious, even with no chink in one's armour. The problem is, a hand power together with the off the shelf interests to give up easily, that is not a year for ten years can think of things, human greed had become a property, coupled with the tradition, the Confucian culture, agricultural civilization and so on element accumulation of color, smell, from different angles to support a society of old system, old ideas and old moral tenacious followed, it caters to people are reluctant to challenge the power of tyranny, encounter injustice, uneven, unfortunately, always hope daily ecological silence, muddle along. Unless a situation:! (not to this step can be silent, endure, China for thousands of years is that virtue) so, the historical tragedy to have a sustainable development. So, the harm the old system forces us to think deeply, when everyone with "Dutch act habit drug", the National more sufferings are unlikely to become the recovery and revitalization of the historical motivation and reason. So, still need to all entrance from the practical problems, to review social bad logic; also have a look the constitutional cognitive Is it right? Up unnecessary levels on the NIMBY.

Against the constitutional person, always take "the reactionary forces" to deconstruct the discourse of the appeal of democracy and freedom. But, regardless of whether they are rumors and slander, people have to calm calmly deal with, because fiction is the lack of political power. Our academy has a large team of scholars, but not the face of a constitutional theory. They are just like how to explain the legitimacy of the ruling party there, they can't study real problem. Not long ago, Professor Zhang wrote an article "to dare to face the real problem is proposed Chinese", don't avoid real problem. But now the magazine, the media often say are false, there is no value issue, many readers called "socialism in the errors in the". So we have the responsibility to deconstruct it. I often talk about, our scholars more sad. So many scholars, stand together can become a forest, with the strength of competition, but many pseudo theory.

Zhang Qianfan: a house is not a man.

Su Xiaoling: Yes, we have been castrated, like a eunuch like, so our national culture is the culture of eunuchs, the emperor says what. From the US as a people to become a citizen, the purpose of the constitutional government is to make each of us citizenship. Now we are not citizens, most is "quasi citizen", we want to be a man with dignity, we should all work together. Hope that in ten years, twenty years later or earlier time have we become citizens, to become a true citizen in the protection of the state constitution of. Hope to be able to carry forward the spirit of Peking University Beijing University, Beijing University is now not the spirit, this is terrible, fortunately there scholars like Professor Zhang Qianfan, this is the lucky place, look under the Zhang Qianfan teacher of enlightenment more people engaged in constitutionalism. Thank you!

Zhang Qianfan: I hope that parents can afford the North Xiaoling expectations of Beijing University, is also the social expectations of Peking university. Thank Xiao Ling very passionate speech. He gave me the most impressive is his passion. From the age of 17, now and over fifty years old, than I am old, but still very passionate, with a young people's vitality. Just tell Chinese "eunuch culture", a euphemism is a act as an elder, campus young students is quite sophisticated, "mature". We should learn from Xiao Ling, have an eternal vitality.

The following time interaction.

Ask: the last time I heard Rong professor's lecture, but sorry not to have to ask you a question, have this opportunity, thank you! I really want to ask is, you say that there are Chinese now have a balance of power, what do you think the balance of power is what kind of, and not just say what problem, more important is the question of what to do, thank you!

Rong jian:On the one hand we are pessimistic, Xiao Ling also said the teacher, we see a lot of problems, not to see the man and the way to solve the problem, this is our pessimism. On the other hand, we are optimistic, back to your question, strength in what form, the first is the wisdom of the people has been opened, which is the conversion of a large time; second is the technical strength, the Internet up, solves problems. 30 years ago or even earlier, Yijiuliuji years said the information revolution information revolution, do not know what is the state, now you can clearly see the development decision society is to rely on technology, used to rely on violence, money, and now because of the Internet, micro-blog appear, appear even further communication tool, so people information unable to control AC. Qin Shihuang Fenshukengru, pit more than 400 scholars, burn some books, the whole country's voice gave out, may now? Impossible. As for what we do, issued by the voice of everyone sinks into the powerful current of the voice, this is everybody can do it. For example, Sue teacher do site, write articles Cai teacher, a teacher in the church, these are concrete strength, because of their presence, we have reason to optimistic about society, thank you!

Question two: Thank you teachers, I am learning methods, there are anti constitutional countercurrent let me know this year, so catch several constitutional lecture, my own position is held, I gave Cai Xia the teacher's question is, a value of constitutionalism is to balance the interests of society, but now the social stratum is cured, the ruling party's perspective to the constitution implementation class problem solving? To honor the sword teacher problem is, you say party in good faith is proposed constitutional democracy, sincerity is very passive sincerity? Su Xiaoling to the teacher's question, the constitutional government is the Chinese dream content dream or wake up Chinese face reality? Thank you.

Cai Xia.I try to answer your question, the social benefit of curing is very grim reality. Before and after 2000, China social market economy fast growth, social structure changes, the traditional social structure structure to a modern social evolution to occupation, division of labor is the basis of social class to start generating, this is a very great thing in China society. Break the social class divisions hierarchy structure based to stratum structure to occupation division based, which means that social class between the circulation began. A system of fair competition environment of the market economy, people as long as you work hard, can be through their own efforts to change their own destiny, which makes many of these students have hope for the future. It is very important to give the social justice. If there is no justice, no new class, the fate of people will change in the process. After 2000, the interests of curing phenomenon in our society appears, the people are the most important right inequality. From the constitutional perspective, I do not know whether we notice eighteen said "three fair": one is the right to a fair, a fair chance, one is the rule of fair. The eighteen report of the "three fair" is very good, but need to have the rule of law to protect, the rule of law to implement. The implementation of the rule of law, the first to limit power, now interest is cured, frankly is the power to use its special status in control of social resources, through the social resources control people's fate and the distribution of interests, interests caused curing. In this sense, especially to promote the construction of constitutionalism, to limit power.

Second, the rule of law construction, are now talking about, do not know now law still need good, evil law argument, I personally don't think legislation is the rule of law, not. The legislation and regulations is fair. If the set rules, system, law itself does not reflect the fair, itself is to protect certain privileges, or for the preparation of some unreasonable to maintain the old system, defects, the legal system is the evil law. I don't know whether this is professional. So to promote the construction of rule of law, especially we modify the NPC Law now, wish everyone to participate in, to make our voice heard, so that the law of formulation and revision of the process to become a public opinion expression, aggregation. The so-called public opinion now tend to engage in the construction of rule of law, set some departments have the authority and the deprivation of terms to harm the public interest. For example, some departments said that because of air pollution, sewage charges levied incredibly want legislation car now. My first impression is the use of various names put her hand into the old people pocket the money of the common people, the law is the manifestation of social justice, safeguarding the public interests or the service for the departments and some interest? I say these, thank you!

Rong jian:I used to micro-blog had sent a message: if the devil is willing to engage in constitutional government, we are willing to cooperate with the devil. This possibility, become a Buddha immediately lay down the butcher's knife, motivation, or ideas or, in fact, is not important, important is the objective form of power forced the rulers made the right choice. The Communist Party is a constitutional faith in the 40's, the glorious history of ideological resources it can mining, then change is another problem. Thank you.

Su XiaolingThe relationship between constitutional government and Chinese: dream, I think the official put it China dreams and we said the constitutional in nature are different, not the same. The so-called Chinese dream is a continuation of the past, has not changed in essence, we hope that the dream and the constitutional Chinese are interlinked, is the common value of the world view. We are doing research on transition process, hope to be able to both sides, both intellectual or folk, and tall, authorities can theoretically, even compromise. Good politics is the process of a compromise, not fight at outrance. I told several central Party school teacher exchanges on this issue, we are not going to have a fight at outrance struggle, as long as willing to dialogue, cooperation. Intellectuals do not put the ruling party as the enemy, he was seriously ill people, we want to save him, rational to face him, his tolerance, forgive him, so long as all the political forces to work, to promote the constitutional way, no matter how hard to do. Thank you

Question three: Thank you! My question to Mr. Cai, said the Urumqi event is under the despotic system of democratic political events or simple social violence? Now for the development of political reform and economy is a kind of what kind of relationship, would not say that because of the political reform hinders economic development, some of the difficulties encountered in the process of development? Political reform would like apple mobile phone, their continuous updates, sell very well now, but they still can not only update, its upgrade, thank you!

Cai Xia.The events in Urumqi to analyze the reasons, I heard the story feels very heavy. Urumqi in the evening and second day case, if society has no order, how terrible? In that case, there is no rule of law and order, everyone will be extremely unsafe. I think people one hundred years of age is 18 years old is a lifetime, a lifetime, some people may be 18 years of life on the end of that night in Urumqi. If there is no rule of law to protect the safety of people, society does not guarantee mechanism of normal social order, it will make everyone has a lot of uncertainty, perhaps this tragedy and tomorrow will fall on your head. To the people, you don't know him, nothing to do with him, but in such circumstances, may not clear the lost his life. I think Urumqi's situation, the urgent need to have a long period of stability Chinese order. Long period of stability order is not political, rely on the rule of law. So everybody needs to enhance the consciousness of rule of law, improve the legal authority. From the ruling party, advance the peace process, the first is the responsibility of the Constitution and the rule of law authority said the country's highest authority, which makes us from top to bottom, from the ruling party leader, the leader of the country, the party itself to all citizens, all in accordance with the law to do, use the law to regulate the social aspects of the relationship, the coordination of social interests contradiction. Things according to the law to do, there will be a relatively safe social environment, avoiding turbulence and killing. Urumqi after the incident, prompted me to write more China and Spain, Urumqi, a city in the future in the country I was afraid. Chinese without the rule of law culture tradition, social or subjects or violence China, in the absence of democracy, or homage, slavery, surrender to power, when the subjects; or without any rule of law consciousness, into the mob, the mob is not only damage the power, will hurt her innocent people. The things we need to attach great importance to.

Question four: I am from law school, Professor Cai Xia's opinion, the constitutional government is the restriction of power. A real problem I want to ask you is the four professors, in your view, in China context, how to go Chinese constitutional road? Thank you.

Zhang Qianfan.Different people have different way, I can't represent you, just my own point of view. I think that is the most fundamental, Ruth constitutional China by ourselves. The small Ling just told us to do in this country the citizen, no man is truly, 100 percent of the citizens. Even if we tried, but the vote is not guaranteed, freedom of speech is limited, the freedom of citizens is to discount. This is not our own, but we still have to strive for, efforts, gradually from the subject to citizen. Several professors at various opportunities, the Kuomintang and the Communist Party, the third forces finally failed, why? In the final analysis is China always put constitutional fate in the elite, whether communist or the democratic parties is the social elite, but at last found if no people rise, the constitutional government would not come.

Question five: Thank you teachers, my question to Mr. Cai, you Chinese Communist democratic outlook of congenital defects, leading to now very afraid of constitutionalism, use your word is "be on one's guard for". But in 50, 60 years, the Communist Party of Chinese isn't afraid to talk about these things, very bold to talk about these things, including 80 years of political reform have also opened, "constitutional also referred to the National People's Congress in 2008 report" (may be nearly ten years in a report to the NPC only talk about constitutional government). In addition to you just talk mentioned from the root, including history, history, political context, what is the reality? In addition there is a nosy question, can answer can not answer, the recent anti constitutional article in "party", "red flag" on your presentation, as a professor at the Party School of the teacher Wang Changjiang said, including a lot of popular words, Party School in this area has no rules, principles or discussion in the comments and other magazines have what different? Thank you.

Cai Xia.Said the people subjective with birth defects, mainly is the lack of research on theories of democratic politics of our country, the ruling party, the democratic political understanding is very original, very rough, thought that as long as the most main is called democratic. In the Yanan period, the Communist Party of China "Xinhua Daily", including Mao Zedong speech, in comparison with the America democratic politics mode, but also understand That's it. True to the ruling party to establish a new system of the state, the state set up after the framework of how to run effective mechanism, it needs to carefully study the Democratic politics. This involves the relationship between the power of the ruling party and state power, which involves the relationship between the party and the state power function of the function of the system, but also relates to the relationship between the party and the society, which is the basic relation between political party studies. If not properly according to the objective laws of view, is still regarded as a political leadership, the revolutionary war led to understand the concept of ruling behavior, will not consciously to deal with all kinds of problems with the war thinking, thinking the fight, the new system also continue the fight at outrance authoritarian political inertia influence, how true to realize the people be in power, you will encounter great resistance and difficulties.

Rong sword teacher research on Marx s theory of state, have a profound knowledge of the theory, we are interested can look at him a few year published in the "Chinese social science research" on the article. China Communist Party did not study and understand deeply the state theory of Marx, we to the regime's understanding is often the state is the instrument of class rule, and the effect of small-scale peasant economy, autocratic society, Imperial Concept of the Communist Party of China extremely deep. Therefore, set up in the national new institutional framework, how can people be in power, the democratic politics in China how really run without a good research. We have a lot of people think that the Chinese Communist Party led the revolution victory, it is the people's support for the party, the Communist Party of China course, on behalf of the people. Therefore, the party instead of people to be in power.

This relates to the Party leadership theory. What is leadership? What is called the ruling? Leadership is about the ruling party's influence, cohesion and political appeal, and the ruling should be incorporated into the legal category, mainly about the state power must use the law to limit to specification. The ruling is a legal category, leadership is a political category, two different things. At present, the ruling way confuse these two things. In addition to the confusion, a country's national power is the dual function, a political functions -- autarchy, is a social function, public service, public management. Now with the development of society, people be in power of the state power means that the social function of state power is more and more heavy, the functions of the dictatorship to relatively reduce, but the Communist Party of China is in the process of the revolution to seize control of the State Party, thinking of class struggle long has always been to the functions of the dictatorship in the first place, so the political function, the state to society function does not fully distinguish, replace the rule of nature with political. Now turn the rule by law, the party will have people think will not affect the party's leadership, will not shake the stability of the regime, it is not clear in theory, this is a very important problem.

Our party is in office, what way of ruling, we need the construction of constitutional democracy, it is important to keep in touch with the development of inner-party democracy together, this is about my own research. After the Communist Party of China wield state power, as the leading national construction task, China between Communist Party of two sections of people caused dissent, strife between political power struggle, which led directly to the ruling way now. During the war, the Communist Party's leadership Chinese armed revolution up, a part of the backbone of the army. But don't forget China Communist Party there are quite a number of outstanding member of the Communist Party's underground in the city, they have culture, understand modern society, knowledge of the city. The party came to power, the leadership of military struggle. No, in the city engaged in underground struggle within the party the cadre to city economy, understand the society is going on, this part of knowledge is the cadre of leaders of the party underground work. So when the construction task on the agenda, the ability and effect of this group of people will surely show and play out, but the regime is to bleed come, so the differences between military struggle inside the party born cadres and cadres doing underground work appeared, which relates to the power, which is in the ruling who really power. This relates to the problem of power within the party, relates to the State Party, on the understanding in the construction of modern economic rules of the understanding of social development stage, a lot of differences. A split in the party incorporated in them, and the lack of democracy, the wrong judgment problem etc.. So, there are various factors, resulting in the present situation.

In fact, one party ruling, what what is leadership, various complicated factors influence each other gradually formed. From the 1949 to the 1982 constitution, China regime in evolution, 30 years Chinese regime has changed for four times. From the perspective of various factors are doped theory, this is not a few words can speak clearly. From a practical point of view, a party in power for a long time, the highly centralized power, market economy caused by the power of money in the right, some people in the party were new and old vested interest.

New and old vested interest is a good stuff for Party members and cadres, for a party is a heavy burden, why? From the party's image and status, vested interest seriously undermine the political identity and political status. But if get rid of vested interest to win the trust and support, they will violate the interests of some people in the party. In this connection, a political party in reality, if you want to advance the reform of democratic politics, constitution, constitutionalism, is bound to have a party and the interests of certain people how to decouple the problem. Here a weakness of human nature, everyone has, the party is composed of people, the party is not sacred, to overcome the weaknesses, it may get rid of vested interest burden, can go to the battle-front without any burden lead everyone together to push forward the process of democracy.

This problem is not solved, vested interest, will use the politically correct slogan blocking the construction of constitutional government, blocking the process of democratic politics. So, I think now speak of emancipating the mind, there are some in my party where people do not know the liberation thought, what is the trend not to know the historical trend of the reform, but why does not step forward? The key is to be interests tied hands and feet, interest kidnapped party, the so-called theory, political correctness slogans into the status quo of defense. This may be the biggest problem in reality.

There is a lack of some confidence, Rong sword say confidence is very important. The time I will speak so much.

Question six: ask Rong teacher a question, I think the common programme you study recently, a Taiwan scholar refers to a data: if the constitutional government system reform, whether it is willing to accept unity? 70% of the people surveyed were willing to accept, I was very surprised: since between the two sides of the issue is no longer a China, two China problem, but the political system, the Ma Ying-Jeou administration may have third cooperative negotiation during his tenure, whether can you see? Future party again rotation opportunities will lose?

Rong jian:Your problem is not easy to answer, do not know that they will not play this card, but we can do some analysis. In such a situation, Taiwan can be what kind of? The continental extrusion to it, to the international space squeeze no, but Taiwan only keep a thing can be standing on high ground, namely the democratic system, which is only able to take advantage of the mainland. Now the Kuomintang has more and more aware of this point, the DPP knows this point. Strictly speaking, just open, the mainland economy relies on the Taiwan, now Taiwan economic dependence on the mainland. In this case Jiang Jingguo lift the ban on political parties, and newspapers, the establishment of democratic structure in Taiwan, to maintain its own existence, and also is likely to return to the mainland. For the scholars, this is the reality that before, if only the formation and training, based on the political power, it is a very long process.

The cross-strait unification is a common history of cross-strait politicians view, they all emphasize this point, in a Chinese under the premise, what can be discussed, why not talk about politics? Before the cultural, economic problems are discussed, leaving only a political problem. Has now spread to, to talk about political issues. How to talk about political issues, in my opinion, the framework can go back 46 years to 46 years, the common programme is ready, can not change a word is used, it contains the terms are teacher every day shouting something to strive for, such as local autonomy, nationalization of the military, freedom of speech, freedom of association are defined. Standing in the common program position, standing on the Communist Party before his favoured position, that is its proposed programme, is the theoretical resources of existing Communist Party can be used, is the great spiritual wealth.

The Communist Party to achieve the biggest worry of constitutional government is what? Nothing but is worried about the loss of power. In the constitutional framework, power who takes the helm is decided by the people to make. If the open such a political system, establish an elected system, the ruling party can be very difficult to say in the table. But this is not insurmountable, it needs many forces, one is the constitutional idea constantly, constantly telling is effective; second is the formation of the social various forces; third is to promote the deepening crisis, social contradictions to the transformation. I don't believe any conscience, make democratic transition decision is of course very difficult, including the Jiang Jingguo such a great man, it is very painful to make this decision, he was the Democratic Progressive Party spirit. In this historical juncture, not according to our idea of a decision of social development, is a dynamic equilibrium formed by various forces determines a social transformation conditions. Hope China find such a path. Before the historical experience, now has a real experience offered Taiwan democratic practice of off the shelf, plus wisdom, parties, I believe can get out of a road. Thank you!

Zhang Qianfan: if you simply look at the domestic situation, people often pessimistic, but have a look have a look of Hongkong, Taiwan, Hongkong, some of the events of the attitude and enthusiasm, and let us have some reason to be optimistic. Before the parties caused Chinese no constitutionalism, let us lose many opportunities, if the two parties can be together again, of course, will come to a successful issue. But I personally think, imagine such a thing Fruits fall off when ripe., we don't do what, just waiting for a decisive leader enlightened, was born, a period of maturity occurs automatically, somewhat optimistic. China constitutionalism has lost so many chances, from such a law: the idea of constitutionalism are the opposition, but once the opposition to the ruling party, will not make the constitutional the (field laugh), even can not speak, also very confident "". The teacher mentioned just now Rong, Chen Cheng to Jiang Jieshi that, 3-6 months can destroy the Communist Party, is really a joke. Chiang is listening to these words, too confident. If Chiang knew 1949 results, also not hurriedly constitutionalism. So sometimes to have self-confidence, sometimes also can not be too confident. The party and the government now seems to be too confident, of course, I don't know whether I really confident, people lack of confidence.

As I mentioned, constitutional government Chinese either through what mode or pattern, finally all must depend on the China citizens themselves to achieve, simply relying on the negotiations is unlikely. This is of course important external factor, but not the internal cause, external cause is not alone. Like Mao Zedong said, internal factors are decisive, external factors play a role through. The two cooperation between the Kuomintang and the Communist Party History failed, because each party has its own considerations, are dominating the China refused. If they still do as one pleases, China constitutionalism is not hopeful. The anti constitutional countercurrent encounter protest so powerful, we have reasons to believe that, at least Chinese citizens in mature, China consciousness of constitutionalism in the growth. So we should instead thank the anti constitutional countercurrent (field laugh). Positive mention constitutional, social effect is sometimes not so obvious; some people openly anti constitutional, touched the vast majority of people's bottom line, like a person who usually take care of health, once there is something wrong with it seriously. Now more and more people find that the constitutionalism is important, who can't say no is not. This incident reflects the Chinese citizens progress, this is the ultimate hope China constitutionalism.

Thank you very much wonderful speech today three speakers, thank you very much since the assistants our one semester of hard work, thank you for your participation. See you next term!