Wang Shijie, Qian Duansheng with "comparative constitution" Du Hougan

 Liu Lianrui  Shihezi University

On the constitution philosophy book, I rarely read, just read Wang Shijie, Qian Duansheng, "comparative constitution" one book, feel the country's dignity and prestige is so sacred, unshakable national rights. A constitution is the state and the law of the people, now I feel they can pick up the constitution to protect themselves from time to time. A long time ago I of the constitution is a blind, and now I realize that the constitution as the state regulations, any country, nationality, family don't have discipline that is out of order. From the philosophical sense, is from the original sense, the constitution is not only for the people living there, and it should be for man's good life. In the national consciousness, the constitution is the law to guarantee the people's rights, is the book, its effectiveness is supreme. However, Chinese society, how many people's constitutional rights have been trampled underfoot? For example, the right to social security, the right to education and the right of labor and so on; and these were trampled rights have through constitutional protection and relief, the answer is negative; then establish China unconstitutional censorship, is a long process, not a constitutional review system of the country, just as no the Constitution, then the rights of people from what is guaranteed!  

The book mentioned in the Constitution requires continuous improvement and improved, some people are very concerned problems: such as Chinese dictatorship; option of nationality; the protection of human rights. A dictatorship it reminds me of a few pieces of terrorist events in the history of the world during the Stalin period, 1935 January to June 22, 1941, the former Soviet Union, about 20000000 people were persecuted, of which seven million people were shot, killed in more than 20000 authorities in order to kill and kill agents. They were instruments of dictatorship, and according to the need of the dictatorship, allowing no explanation became the object of dictatorship. I have read about this period of history, a lot of people There were many discussions. Many people think that Stalin was a tyrant, although there are great contributions to his early Soviet independence and national economic development, but if a monarch committed inhuman things, mistakenly killed many innocent lives, by the later generations will condemn. Even if he has a great contribution to the country, but its legacy is not always arrive. With Mao Zedong as, I think he is like Stalin brothers. Despite the significant contribution of Mao's Cultural Revolution China, is to Chinese economy destroyed, the intellectuals is a catastrophe, is a non rational blow to decent people.　

Option of nationality, which is a lot of Chinese concern. Because there are a lot of Chinese all over the world now, and the effects of the Chinese in the world is our country people be obvious to people, like many Chinese entrepreneurs, they have a powerful network of resources and spiritual wealth, many prestigious Chinese entrepreneurs who have their own enterprise Kingdom, this is many people cannot be put on a par with entrepreneurs the. There are a lot of Nobel level of Chinese scientists, their achievements make us greatly. There are many outstanding Chinese in service for developed countries, they are his nationality. Cough! In the rapid development of Chinese economic period, China need scientists and entrepreneurs and so on a series of talent is so lack. If China single nationality of kinship based selection is modified, admit the dual nationality or multiple nationality, there will be a large number of outstanding Chinese will choose to return the development or investment. Such rapid and stable development of Chinese economy will point the day and await for it, everybody knew in Hongkong this international metropolis, the world's richest, scientists, entrepreneurs and so on have a foreign nationality, they are also from the double or multi nationality. Because of their early to go abroad to study abroad, through years of hard work and then put a lot of technology wealth brought back, and made great contributions to the local economic prosperity.

The protection of human rights, I think of American talked about this. One of the America is one of the world's focus on human rights in the country, USA let me greatly to pay special attention to children. Their children's education by the national special attention and care. I read some news in the media recently, some school classroom in Guam on America destroyed by rats, their classroom now to rebuild. Their children if eating bad food affect their health, these food manufacturers will be subject to heavy penalties. Because American real to the protection of human rights from a person from childhood until the old man died, and most states America law there is no death, only a life imprisonment. This is also the protection of human rights, which is also the highest respect for human rights, and respect for life. And Chinese is not, the issue of human rights Chinese in world politics is not very perfect, Chinese on child education is not enough, China subsidies on the education of their children have no special funding, Chinese now no lot of school children, especially the poor area need not talk more. What our children better than America human rights protection of China, we now children can become a man of tremendous promise future of the motherland, the construction of our country have security, that our nation will be more united, Chinese life level will strive for further improvement. The constitutional judicialization behind the public opinion, is the desire for the implementation of the constitution of the people's will is strong, mechanism can be discussed, but the people will not be. Therefore, must reverently through its commitment to democracy, Consensus Democracy and strengthen the practice of procedural justice channels, the reform and perfection of constitution implementation system, real life paper of democracy and the rule of law, judicial constitutionalism in political and legal principle, is also a problem. True democracy is the rule of law (including the stability of law, the independence of the judiciary and the protection of human rights based and promoter). The [3] rule of law also only in democratic control of power (is the degree of the size of the problem, rather than have no problem) and its supporting social and economic base country, to establish and develop. Attempts to restrict judicial constitutionalism democracy, not only will lead to the atrophy of democracy, will also destroy the legitimacy and effectiveness of the rule of law itself. On its own, about the democratic process it tried to discipline, judicial constitutionalism is based on suspicious norms and empirical assumptions, the rule of law and the rule of the debate continued, intellectuals called liberal, humanitarian, but avoid refused to rule of law, which in Taiwan is fairly common, because of the traditional influence of intellectuals cultural consciousness and several special caused the results. One is the cultural awareness of karma, involves the characteristics China value system, internal transcendence China culture introverted virtuous. The second is involved Ancient Chinese Literature Search human errors, by the West tide impact Ancient Chinese Literature Search thinking, will be the same as the rule of law and the rule of error, difficult to enter the mainstream. The third is involved in the judicial image bad. The government and people of the judicial reform in the late in order of priority, certainly will cause judicial justice unbearable smell ask. In these cultural factors in the search, we are in urgent need of judicial reform, heavy tree image.

The constitution, the best is fair and in-depth understanding and tick the choice of human common constitution philosophy, to feel, to observe, understand and express here the most fundamental constitutional problems and the political and legal environment; analysis and creative use of constitution concept, governance practice from history and current affairs often with variable, pain and music, experience and lessons learned, regulate mining, refining and play resources (Principles and rules of the system), to alleviate or resolve the fundamental problem. Thus, the Constitution can gain experience based reality, only then may obtain massive historical legitimacy, can both explain and critique the effectiveness.

Although my knowledge can not fully understand the views of Professor Jiang, read the full text, still a lot of harvest, to broaden their horizons, develop good thinking habits of great help.