Socialist constitution is essentially people to restrict the ruling party according to the law of the fundamental law

Socialist constitution is the basic law of the people's essential constraints ruling party of governing the country according to law
Socialist Constitution is a Constitution That the Ruling Party Consciously Restrain Authority and Run the Country by Law
Liang Weihua
Liang Wei-hua
(Enping radio and Television University, Guangdong Enping 529400)
(Enping Radio & Television University, Enping Guangdong China 529400)

[Abstract] analysis with the view of historical materialism, method of production and development of modern constitution, constitution originated from the masses through the struggle from the law ruling or the ruling class to wrest the democratic rights of the constitution, not the ruling class, unless people become the ruling class; the constitution is to limit the power of people or the ruling class power is the fundamental law of the state in essence, the opposite will, the Constitution not a performance of the ruling class, the more is the embodiment of the will and interests of the people, power of the supreme source of constitution validity from the people's struggle, the provisions of the Constitution of the people's basic rights, the purpose is not to limit the masses of the people, but in order to delimit the ruling class or ruling power line. Socialist constitution is the legal victory of socialist revolution, is the comprehensive embodiment of the vast majority of people will ensure that the people enjoy, most highly democratic, the most complete freedom and maximum benefits, participation in governance of their country's constitution; socialist constitution essence is people's control of the ruling party constitution, it is the ruling party the conscious control of power according to the law governing the legal provisions of the state, is the people's authority, organization and their mutual relations, constraints and norms of the state organs and their staff according to the law of the country the law.
Abstract: According to this article, the socialist constitution is the lawful victory achievement of the socialist revolution, and totally reflects the will of most people. It ensures that people can discuss and participate in government and political affairs, and that people are the real maters of their own affairs, and enjoy the highest democratic rights, the fullest freedom and the most benefit.The socialist constitution is such a constitution by which people restrain the ruling party to be in power by law, the ruling party consciously restrict their authority and to be in power by law, people restrain and standard state organs and state personel to run the country by law. This is determined by the socialist essence and the party's nature.and it is also the profound lesson given by the Kuomintang, the Communist Party in Russia that lost power and the cultural revolution in our country
[keyword] socialist constitution; people; control; the ruling party; ruling the country by law;
Key words: socialist constitution; people; restrict; the ruling party; run the country by law;

  The modern constitution originated in the masses of the people through the struggle from the law ruling or the ruling class to wrest the democratic rights of the constitution, not the ruling class, unless the people become the ruling class. The constitution is the people used to limit the ruling or the ruling class power is the fundamental law of the state in essence, the opposite will, the Constitution not a performance of the ruling class, the more is the embodiment of the will and interests of the people, the highest source of constitution validity on the people fighting force, the provisions of the constitution of the people's basic rights, its purpose is not to limit the masses of the people, but to delimit the ruling class or ruling power line. 1
   After the first World War, with the success of the October revolution in Russia in 1918 July, the birth of the first socialist constitution "the constitution", then broke the capitalist constitutional rule all the land situation. After the Second World War, more than 10 socialist countries in eastern Asia and Eastern Europe new successively have established socialist constitution, human society, constitutionalism construction entered a new historical stage. Socialist constitution is the legal victory of socialist revolution, the masses of the people through the revolutionary struggle of power, in the form of law of capitalist private ownership over the overthrow of struggle achievement determined to ensure that people really be in power, become the fundamental law of the state. The constitution is not the bourgeoisie proprietary, because of the nature of socialism, the socialist countries have more and more must establish a fully reflect the will of the vast majority of the people, safeguard people's interests to ensure that the people enjoy the constitution, democracy, the full freedom, participation in government.
   A socialist constitution is the constraint, the ruling party to ruling the fundamental law of the state
   This is the essential requirement of the socialist system, is determined by the nature and purpose of our party. The general principles of the Constitution explicitly confirmed the nature of our state is "the people's democratic dictatorship led by the working class, and based on the worker peasant alliance of socialist countries. "The working class is the leading power of people's democratic dictatorship, and the working class is the vanguard -- their Chinese Communist Party to achieve the country's leadership, put one's heart and soul into serving the people is the fundamental purpose of the Communist Party of China, apart from the working class and the broad masses of the people's interests, no special interests of its own, so the party should and must be subjected to the supervision by the masses of the people. In order to make the socialist democratic system is not affected by man-made destruction, we should establish the constitution as the fundamental law of the state authority, make any person, any organization, including the ruling party must strictly obey the inviolability of the authority. In front of the Constitution and the law, Chinese Communist Party and other party, organization, must be in the range of constitution and laws, Party organizations at all levels and all Party members must play an exemplary role in abiding by the constitution, in strict accordance with the constitutionally, consciously activities within the range of constitution and law. So the "constitution" expressly provides: "all state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law. "" any individual or organization may be beyond the constitutional and legal privileges. "And Chinese articles of association of the Communist Party in general clearly stipulates:" the activities of the party must be in the range of constitution and laws. "
   The lessons of history is profound, is a China Kuomintang lost control of mainland. Has hundred years history Chinese Kuomintang, was founded at the beginning of the mission is to be the advanced Party leadership Chinese revolution, the guiding ideology is Sun Zhongshan's "nation, civil rights, people's livelihood" three people's principles; at once is a flag China revolution, with the support of the masses, after all the arduous and tortuous from small secret organizations only 20 people became the overthrow of the Qing Dynasty, won the national regime, has the most powerful armed ruling party, but the KMT although full of "revolution", "country", but "ruling the country by the party", regarded the world as property, remove those who disagree with sb., gradually lose governance and corruption phenomenon, transformation into a large, loose, uneven, some good and some bad groups, corruption, corruption, inefficient in the Kuomintang regime's most distinctive feature; after the victory of Anti Japanese War prestige and strength the Kuomintang and its leader Jiang Jieshi reached the peak, but no timely innovation, but corruption, the ruling party to lose power supervision, lead to improper political, economic and military operations, accumulation misrule deteriorates further, ordinary people wish to be done and the disappointment, despair and even hate, Jiang Jieshi and the Kuomintang The public opinion basis regime in power finally reached its peak when the collapse, lost the mainland regime had to flee Taiwan.
  The two is the Soviet Communist Party lose regime. The Communist Party of the Soviet Union in the only 200000 party, won the October revolution; in the development to the 2000000 party, defeated the mighty German fascists, achieved the victory of the war; but in the development to the 20000000 party, but lost power. The leading group in the late Stalin, and Khrushchev, the Brezhnev era, the highly centralized political system so that the inner-party democracy and people's democracy is damaged, Party members and the masses of the people be deprived of the right to speak in the supervision and in fact. Because of the loss of the masses of the people on the supervision of the party, the party degenerate into Privileged Bureaucratic interests, party and state institutions become the original meaning of "bureaucratic", the leadership of the Party group from the public servant to be master of society, from the faithful representative of the interests of the people into the rule of the people, the people to safeguard the interests of the people the power to maintain the rule of the interests of the group in power, the public attitude for or against a big problem. It is the relationship between alienation and opposition, led to a 93 year history of the Communist Party of the Soviet Union in the no war, no invasion case collapsed, founding 74 years of human history the first socialist country in the fall; the disintegration of the Soviet Union, Communist Party of the Soviet Union was dissolved and banned as in the past, people defend the Soviet regime that shed blood sacrifice to defend the party, most of the Soviet people, including most party members, cadres and soldiers completely indifferent, showed amazing indifference, which shows that, for the Communist Party of the Soviet Union collapsed, party, masses is the default. Communist Party and Soviet subjugation lesson tells us, lose the support of the masses have lost the legitimate foundation of the ruling party, the ruling party is the maximum risk supervision from the masses.
   The three is in the party's Third Plenary Session of the eleven former especially during the "Cultural Revolution", China Communist Party as the ruling party, for "activities of the party must be" in the Constitution and law does not solve the problem, for the cause of socialist construction, the party's prestige caused incalculable loss, the lessons of history is heavy the. Make Chinese Communist sixteen Fourth Plenary Session of the "CPC Central Committee on strengthening the party's ruling ability construction decision" pointed out: "the political party of the proletariat seized power is not easy, to wield the political power, especially long-term control regime more not easy; the ruling status of the party is not innate, not put things right once and for all. We must be vigilant in peace time, strengthen the sense of hardship, deep draw on some of the world's ruling party promote decline success or failure experience, more consciously strengthen the ruling ability construction, always for the people hold good politics, power well. "But the key is to implement the rule of law, the abolition of the rule of man, the ruling party and its leaders activities in the people's supervision.
  Two, the socialist constitution is the ruling party to restrict power constitution
  Establishing the party for the public, ruling for the people is the fundamental purpose of our party, ruling the country by law is the key, is our party to the people throughout the country to achieve the overall interests and the overall will the most important guarantee in the law. The party proposed the law that changed my party governing mode, namely, the ruling party in the way and the government changes in the state power mode of operation. We should give full play to the role of the core of leadership party is always the overall, coordinated work, and avoid the formation of the party, the party on behalf of the law phenomenon, this is the understanding of the party since the reform and opening up in the ruling way more and more clear, more and more conscious. The Constitution and the law is the embodiment of the party's views and the people's will is unified, since the Party led the people to formulate the Constitution and laws, the party must develop their own activities in the scope of the Constitution and the law, the party must take the lead in strict compliance with and implementation of the Constitution and laws, the party must also ruling according to law. The constitution of China political security, the Communist Party is Chinese exemplary and leading to comply with and implement the constitution, only our party truly exemplary and leading to abide by the Constitution and laws, to establish the authority of the Constitution and laws, other political parties, organizations and the masses, will consciously abide by the Constitution and the law, which is the constitutional guarantee to carry out the. The Communist Party's leadership and support the people to be in power, the most widely mobilize and organize the people to manage state and social affairs, manage economic and cultural undertakings, safeguard and realize the fundamental interests of the people. The leadership of the party, the people be in power and the rule of the law, is an important advantage of the socialist democratic politics, is our country socialist democratic politics of the most fundamental characteristics. The leadership of the party is the fundamental guarantee that the people be in power and the full implementation of the rule of law, people be in power is the essential requirement of socialist democracy, the rule of law is the basic policy that the party leads the people in running the country. The party must be in the range of constitution and laws activities is not to change the ruling status of the Communist Party, on the contrary, is to maintain the leadership of the party, enhancing the party's ruling ability escort, to prevent some individuals, Privileged Bureaucratic interests harm to the entire system, order and people's national rights. Activities of the party must be in the range of constitution and laws, this is China Communist Party as the ruling party in dealing with the relationship between the state and the constitution, legal aspects must comply with the rules, the important experience is China Communist Party in the process of socialist construction, long-term summed up, the basic requirement of this rule is: any activity all Party organizations and all Party members, must follow the provisions of the Constitution and the law as the fundamental basis, and not conflict with the Constitution and laws; all must take the lead in the play an exemplary role in abiding by the Constitution and the law, safeguard the dignity, to ensure its implementation. The people's Congress system is our party for a long time people's political power construction experience of our party, is the implementation of leadership on the state of affairs of the major characteristics and advantages, the party should respect, support the National People's Congress shall exercise authority, Party organizations at all levels should respect the people's Congress and its Standing Committee by the Constitution and laws as the organs of state power and legislative status accept the supervision of the NPC, and the masses of the people, the people's congresses at various levels and the standing body become a powerful people's authority. China Communist Party must be at the party's views into the will of the state through legal democratic procedures, to be good at reflecting the will of the state law into the will of the people through the exemplary role of Party organizations and members take the lead; the party's policy only through the legislative process of the organs of state power is absorbed and adopted, can rise to the will of the state, to become law. The party's twelve big through the constitution emphasizes "the activities of the party must be" in the Constitution and law, so as to make this important principle becomes the "party".
  Three, the socialist constitution is the constraints and norms of the state organs and their staff according to the law of the fundamental law of the state
  The core of the rule of law is the rule of constitution, if in real life people do not abide by the constitution, the state organs and their staff do not implement the constitution, so it is a good constitution is a mere scrap of paper, in the process of building a socialist country ruled by law, the key and difficult point is how to establish the power restriction mechanism, so that the operation of state power, law system, preventing the abuse of national power. The so-called rule of law, refers to the state organs must be based on the Constitution and the law will embody the people to exercise their power, the state authority act into law, institutionalized track, including the strict rule the country according to law and according to law, meaning, focus on standardizing is the state organs and their staff activities, in accordance with the law problems to solve is the state organs and their staff. China's Constitution clearly stipulates, all state organs, armed forces, political parties, the armed forces and public organizations, enterprises and institutions must abide by the Constitution and the law, any state organ and its personnel, organizations and individuals shall not enjoy any privilege beyond the Constitution and the law, and all activities that violate the Constitution and laws, must be investigated. Our national institutions established in accordance with the provisions of the Constitution and relevant organization law, their activities of the organization must implement the Constitution and laws, must abide by the Constitution and the law, must be in accordance with the law, must maintain the unity and authority of the socialist legal system; especially the state administrative organs, as the executive organ of the state power, its function is implement laws and decision authority. If a state organ and its functionaries violate the Constitution and the law, thus causing losses to the state and the people, to be held liable under the law, should bear the legal responsibility. In order to implement the rule of constitution, we must further strengthen the supervision of the administrative organs, judicial organs and procuratorial organs of the authority; further strengthen supervision and internal organs of the state; to strengthen the supervision over power in terms of decision-making and execution and other links, strengthen supervision and democratic supervision, give full play to the role of supervision by public opinion. Through supervision laws, regulations, rules and regulations of the state organs at all levels of the legitimacy and rationality of the specific administrative act, supervise the implementation of state organs and their staff the legality and rationality, on the staff of state organs are law-abiding, honest in performing their official duties of supervision, safeguard the state organ and its personnel, legal right, exercise the authority effectively. To prevent the abuse of power, ultra vires and phenomenon, and pursue the legal liability of offenders, to realize the rule of law, building a socialist country ruled by law.
  The important principles and the fundamental purpose of the constitution of our country will contact with the masses, serve the people for organizing activities of national institutions. According to the provisions of the constitution, all state organs organizations must proceed from the interests of the masses, according to people's will and desire to work, in close contact with the masses, listen to the opinions of the masses and cries, clean government, to serve the people. The "constitution" provisions, administrative organs, judicial organs, procuratorial organs by the people's Congress, to the people's Congress and its Standing Committee is responsible for the supervision and. The implementation of our constitutional authority to exercise the supervision authority is the National People's Congress and its Standing Committee, the review of constitutionality of various legal documents; the National People's Congress has the power to alter or annul inappropriate decisions of the Standing Committee of National People's Congress; the National People's Congress Standing Committee have the right to cancel the formulated by the State Council with the constitution, in contravention of the laws of administrative regulations, decisions and orders, have the right to revoked organs of state power of provinces, autonomous regions, municipalities directly under the central government formulated with the constitution, laws and administrative regulations conflict with local regulations and resolutions. Local people's congresses at all levels in their respective administrative areas to ensure compliance and enforcement of the Constitution and the law. People's congresses and their standing committees at all levels should further strengthen the link with the masses, to better represent the people, and accept the supervision of people; we should uphold and improve the system of people's Congress, improve and perfect the election system, strengthen legislation, legal supervision and supervision of the work; to combine the major decision of reform and development with the legislation, and gradually form deep understanding of the people, fully reflect public opinion, centralization of decision mechanism of the wisdom of the people, promote the scientific and democratic decision-making, improve the decision level and work efficiency, security legislation and policy to better reflect the will of the people. The constitution which fully embodies the spirit of the principle of democratic centralism, the correct solution to national institutions with the masses, the relationship of organs of state power and the state administrative organs, judicial organs and procuratorial organs. Therefore, the broad masses of the people not only to improve conscientiously abide by the Constitution and the law, and supervision of all levels of state organs, organizations and social organizations enterprises implement the constitution. Improving all people especially the cadre of leaders of all levels and all employees of the state's constitutional consciousness and concept of law, is an important way to strengthen the authority of the constitution, to protect the implementation of the constitution.
   To sum up, we can give the socialist constitution with a historical materialism is a scientific definition: socialist constitution is the legal victory of socialist revolution, is the comprehensive embodiment of the vast majority of people will really be in power, to ensure that the people's political participation on political science and his country, enjoys the most highly democratic, the most complete freedom and interests the constitution. Socialist constitution is essentially the masses constrained the ruling party, constraints and norms governing state organs and their functionaries of the rule of law is the fundamental law of the state, the ruling party consciously restricting power constitution. The rule of law and not bourgeois proprietary, socialist countries can and must implement the rule of law; rule of law not only is not opposed to socialism and the socialist rule of law, but also in development, should be more perfect than capitalism. Propose and implement the rule of law, so that China's socialist democracy and legal system construction and development to a new stage, we must take effective measures, the gradual elimination of the provisions of the Constitution and the actual situation is not entirely consistent with this should not be the disjoint phenomenon, the real socialist constitution from the Constitution on the paper become real constitution.

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