As everyone knows, China and the United States are the world of the "big country", but in the "big country" meaning there is a fundamental difference -- a both in the territory area, economic and military aspects are fully deserve to be a world power because of but the true meaning of "power"; and the other one as the world developing countries, the "power" and "large" in the sense that it simply refers to its vast territory, large population, there is no much economic and military power.

   There is no doubt, China and the United States in the history, culture, politics, economy, law, ethics, values and so on exist significant differences, or even different style, it has significance to the field is extremely broad, selection of wedge point comparison is very wide. But I still wish from the legal laws -- the perspective of Sino US comparison. The reason has two: one is the objective existence of the constitution as the most concentrated after all is the materialization of a nation, culture, humanities, ethics and many other historical elements reflect, reflect and solidification; on the other hand, as a human consciousness of constitution is also supporting base of national political structure, economic system and so on various realistic factors, thus the Constitution in the process of development of a country is having the connection of history and reality function. In each of the organic part of constitution and especially in its preface as well, because the preamble of the constitution is to concentrate on the main points of the constitution, stipulates the nature and direction of the constitution, in a sense can be said to be the spirit of the Constitution and the soul! So the comparison also has fully and reasonable economic double value and advantages of the United States Constitution preamble.

   One, from the constitutional preamble length comparison

   The preamble to the constitution USA with punctuation marks for 94 words, China constitutional preamble is 1792 words, the latter is the former 19 times stronger.

   If other aspects apart from preface regardless of from the space perspective, American constitutional preamble preamble to the constitution as Chinese it carefully and generous, a bit rough and poor. But on the other hand, it shows the Americans come to the point, say without mincing words not in all the minor details heavy content light form light weight process for practical, bold and rugged, as the founding of those who signed the "Declaration of independence" of the great American. Think that year in the face of a lot of text text for the signature of the declaration of independence on the error of those great sign makers just sloppy work to be crossed out and then fill in the correct words that were signed by the then rush into and for the declaration of struggle. Today in the American Library of Congress people can still see that have signed the original multiple corrections of the declaration of independence, of course, this in our view is the lack of seriousness and serious "low quality" presentation now has become American people to Jane to nothing to replace the spiritual wealth.

   Two, from the preamble to the constitution of the content comparison

   Look at the American preamble to the constitution, which contain two questions very limited:

   The constitution of the subject --;

   Objective to formulate the constitution --.

   The whole text contain preface the main constitution that "we the people of the United States" text is small but it the constitution has the full legitimacy in theory and logic. China as the saying goes "words will not ring true name is" if the constitution is not "the people of the United States" this subject but what other people -- such as Chinese feudal society of the emperor emperor or say repeatedly repeatedly claiming to represent all the people while actually just on behalf of some organizations own it cannot make the Constitution be people generally recognized, accepted and voluntary compliance authority. Then a group of the same structure, tone, similar to the similar parallelism sentence explains the constitution of the objective and the constitution should follow the tenet. This is in the legal value orientation American only constitution is to maintain the "the people of the United States" this "whole" rather than "a part of" the interests of the people.

   Unlike American preamble to the constitution, the preamble to the constitution China is copious and fluent contain multiple problems, it can be concluded as the following nine aspects of the problem:

   Evolution -- Chinese and Chinese original ecology and its modern development;

   After the founding of new China -- achievements and its causes;

   -- development future and goals;

   -- Analysis of the next period of time the situation;

   -- the Taiwan issue;

   -- the patriotic united front and the political consultation system;

   -- principles to deal with the relationships between the Han and minority;

   Chinese -- treatment principles of international relations with the other countries in the world;

   Objective -- the Constitution and legal status.

   But to do in-depth analysis from the aspect and inherent logic can be seen in the preface mainly expounds three problems, i.e.:

   The Communist Party leadership China -- on the national basis and rationality;

   The basic form of the leadership of the Communist Party of Chinese -- the national or political "the dictatorship of the proletariat" and economic "socialist public ownership";

   Objective to establish the constitution --.

   On the basis of the discussions established leadership, the Communist Party of China dictatorship of the political system of socialist public ownership economy system in the law, resulting in the whole established basic framework of socialism.

   Three, from the language attribute the preamble to the constitution of the comparison

   American constitutional preamble, wording, flat and the simple, clear semantics, politically neutral, neither the passion and romantic literary language, nor the political language is the language that the opposition and conflict narrative legal language specification mild. Extremely short but describes the comprehensive, system integrity, rigorous logic, inclusive.

    The preamble structure can be summarized into three sections, namely, "we...... In order to...... Develop and establish......" In turn, the behavior of the subject, purpose and the behavior of specific content, sentence fluency, make smooth reading, such as "the Yellow River water to the sky" natural and momentum. "In order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure to ourselves and our posterity the blessings of liberty." The sentence is in the constitution of the objective and Everything is contained therein. all-embracing, majestic and grand! Can be said that a American constitution without a no word is not affected by this restriction and direct or indirect services for this purpose. Here, the elastic and limit the limited words and infinite meaning, the connotation of the rigidity of the perfect combination of.

    The concept of China constitutional preamble is the lack of essential attributes of legal language should have such as the narrative on the level, tone gentle, tendency of neutrality, logical rigor, showed highly literary and political, the former in order to give people a lot of imagination, the latter. People feel extremes, or clear, either this or that type of confrontation, conflict and struggle. Such as: "the most glorious country", "shine with great splendor culture", "the glorious tradition of revolution", "turn the world upside down great historical change", "wave upon wave of heroic struggle". "long-term arduous and tortuous armed struggle", "the life of the people has improved greatly", " prosperous, democratic, civilized socialist country", " important historical role" has a strong literary; but such as "finally overthrew the rule of imperialism, feudalism and bureaucrat capitalism rule, achieved a great victory in the new democratic revolution", " China people have taken control of state power, become the masters of the country", " system of exploitation of man by man has been eliminated, the socialist system. The people's democratic dictatorship led by the working class and based on the worker peasant alliance, in essence, is the dictatorship of the proletariat, has been consolidated and developed "," China the victory in the new democratic revolution and the socialist cause of achievement, is the leadership of the Communist Party of Chinese China people of all ethnic groups, in the Marx Lenin doctrine, under the guidance of Mao Zedong thought, uphold the truth, correct mistakes, overcome many hardships and dangers and made." "The people of all ethnic groups, Chinese will continue in the Chinese under the leadership of the Communist Party, in the guidance of Marx Lenin doctrine, Mao Zedong thought, Deng Xiaoping Theory and the important thought of 'Three Represents', to uphold the people's democratic dictatorship, adhere to the socialist road |", " China people and try to undermine China's socialist system of domestic and foreign hostile forces and hostile, must fight." And so on have a sharp political.

   Four, from a legal and political a comparison

   USA constitutional preamble is reflected by the law completely, and China preamble to the constitution reflected more in the political and legal.

   Can not be denied that it is impossible to completely separate the law with human consciousness of political, because between the two is mutually distinguishable dialectical relationship and connection. Take a political decision has certain effect on the law from the point of relation between, in a sense can be said that the law is the embodiment and the confirmation of the political achievements; on the other hand, the law also has a counter effect on politics, specifically the law the basic rule of a national political life to to ensure the orderly and healthy development of political life. For example, restraint law about the election and Party activities abroad on elections and political behavior is such a case. But the law and politics is not the same thing, between the two has essential difference. From the point of view of modern politics essence is the highest level of individuals, groups, classes, parties and other social subjects to express and protect their own interests and that the game between the political level, the game of the interests of political interests, political rights and political status, obtained the leadership of the state to become the ruling is the corpus is engaged in the political game in the pursuit of the ultimate goal of the most concentrated; and the nature of law is the game rules common abide by the various social subjects such as politics, economy, culture subject subject subject and so on various interests game. As a kind of game rule objectively requires to follow the law basic purpose or the soul of the law should be the human pursuit of value sense of equality. Can say everyone is equal and the basis of the rules of social behavior and thus achieve good social order is the law of the highest value pursuit -- although the absolute equality in real life is not really can achieve, but as the goal of law in the law to be clearly defined, but the important value of the significance of the flag.  

   Though the law cannot do without political, but the real law is always independent of politics. As the one of the love of husband and wife, while his wife, a husband and wife, but the couple are always are two independent individuals and not Become.

    It is between law and politics are the essential difference and independent of each other we say "USA declaration of independence" is a political document based on, and "the constitution of the United States" is a legal document. Obviously, politics, the law is the law, not to be confused in legal and political also cannot replace each other with this or that. As everyone knows, in the court the judge only on the basis of legal cases but not in terms of political judgment is not to, otherwise, the court will not be court! Similarly for a specific case we can say that a party's behavior is legal or illegal can not evaluate their is a political or violation of the political.

     Five, from the legislative purpose of constitutional preamble on the provisions of comparison

   The legislative purpose of the preamble to the constitution USA provisions "to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure to ourselves and our posterity the blessings of liberty"; and Chinese constitution preface clearly the legislative purpose is to take the form of law "confirm" many "achievements" of the main China the leadership of the Communist Party, the proletarian dictatorship and socialist public ownership; and the "Regulations" nation "basic system and basic task".  

   If the various political subjects in social life is a "political arena" athletes, then the face of various political subjects numerous benefits constitution as is an objective, neutral and impartial referee role, its focus is a national including all political entities, all the people "common interests" rather than individual groups, class, group or class of "individual interest", nature is not a monarch autocracy benefits "". Especially in the grand background of modern social and political independent already became the consensus of people keep between law and politics. It is equal standard reflect and maintain the common interests of all the people of the citizen individual or collective political, economic, cultural, social behavior. Because the law is the soul of everyone is equal and therefore as a political category class struggle or class dictatorship theory there is a world of difference is be misfits. Such as "the ruling class and the ruled class", "people's democratic dictatorship", "the dictatorship of the proletariat", "dictatorship and dictatorship", "the people and the enemy" and so on the concept and the theory of politics may have its rationality in law without the slightest according to and logical. Clearly in the law has no people and the enemy, no ruler and ruled not, nor dictatorship is dictatorship and the other, instead only the law against the difference! And even if the offenders with law is law that "High King" at the foot of man and enjoy equal rights and equal status, such as their personality and dignity, also have to be legal and respect and protection.

   The ruling party and the opposition party in the legal perspective, the citizen and government, workers and peasants, between rural and city, employee and boss and so on is a conflict of interest, which will become a political character, political participant; but their relationship is not class struggle or theory class dictatorship that ruled and the ruled, oppression and the oppressed, fight at outrance, feel irreconcilable hatred for sb. extreme opposite relation, but an equal legal status as the conditions for the existence and co prosperity coexistence relationship. There is also the state's legal logic meaning is no longer as the "ruling class" and "a class oppression, another class" "tools" but in order to safeguard and promote the welfare, freedom and happiness for all people and the existence of common. From this point, the state will lose its existence foundation and rationality, behoove to should be people abandon.

     Compared to six, from the preamble to the constitution of value orientation

   The preamble to the constitution America reflected the value orientation of "a more perfect union", "justice", "domestic tranquility", "public welfare" and "ensure ourselves and posterity the blessings of liberty", apparently here all the pursuit of the goal is to "public interests in our the United States of America people" of the "all" as the starting point and the ultimate point. But any protection stipulation is not for the rulers of their own position and interests forever; compared with the preamble to the constitution of China has prescribed some principles of the constitution, as the supreme body constitution, any society within the limits prescribed by law, to establish the rule of law is the rule of law, etc., but at the same time and add some provisions in the constitution basic principle of equality before the conflict and the supremacy of the constitution, the constitutional value orientation showed strong "one-sided affirmation and protection of specific political groups, ideology and system", "one-way" to dilute the constitution should be "equal" righteousness.

   Through the above analysis, we can see that both the preamble to the constitution of value orientation in space, content, language attribute, connotation of legal and political, legislative purpose and consequent on the constitution, there are significant differences, but the essence of the fundamental difference lies in the ultimate value of the constitution purpose and the consequent pursuit of different.

   The preamble to the constitution of the America correctly handled the relationship between politics and the law, which will be separated from political and legal, ensures the independence of the constitution, legal status as the supreme of constitution has laid a solid foundation of theory and logic, but also through the development objective of the provisions of the constitution of the value orientation of the constitution, and this value orientation and the constitution, "everyone is equal before the law" and "law supreme" is the soul of the consistent without conflict in China; instead the preamble to the constitution but not limits the political and legal well differentiated to blend in, at the same time, the provisions of the content and contains the basic contradictions and "the law of equality before the law supreme" conflicts between this constitutional soul, thereby damaging the dignity of the constitution, authority and independence, the rule of law for the realization of China's constitution of fifth stipulated in "the people's Republic of China, building a socialist country ruled by law" goal has hindered the opposite sex the.

    Read China historical drama people know there is the so-called "imperial sword" in the Chinese of the old drama. There are two meanings:

     One is the emperor to hold the "imperial sword" officials for offenders -- regardless of how high the officer can first cut and then played;

     Two is the "imperial sword" can not only cut official civil illegal but also can cut road king.

     But actually there can be cut, and cut Jun this "two blade" of the "imperial sword" does not exist, the reason is very simple: no one emperor heart Diken put his head to his down to "keep" -- although this is "Chen Jun let death means have to die and die when they shouted:" Xie Zulong's humble officials. But today, the law is really really has a "two edged sword" "". In this sense, all countries in the world all of what is called "law" "law" the final outcome can only be two:

    On the legal front -- all men are equal to make the law become "all the people" of the law;

    In the eyes of the law -- some people equality so that the law can only be part of the "people" of the law;

    Obviously, such as the former may be in the right and self-confident is fully deserve name,: law; and if the latter then so-called law is only fit for: the waiter.

    The law or the law, or not the law, and between the two there is no third states. A foreign jurists on legal implications "for all sort of legal law......" Its meaning is this.

2007-2-1 completed