The constitution from the perspective of Mao Zedong and Liu Shaoji

      Huang The clock("Spring and Autumn Annals" deputy editor in chief)

Original: "spring and Autumn Annals"2013No.7Period

 

Established in the eight two Constitution Party under law principle, is to learn the lessons of history in the past thirty years. Before the people's Republic of China, because of the party in the law in the political system, form a kind of yin and Yang system: Constitutional side system is a set of practical system, operation of the power of another. Under this system, one of the extreme events occur, is Chinese Communist Party Chairman Mao, down to the people's Republic of China President liu. This event, highlights the party in the necessary method of.

 

A,1949-1959Ten: establish the key unique system

 

1 The formation of the party system in the law of the

Since the1949Years9The implementation of the Central People's government, the "common program", to1959Years of Mao Zedong the outgoing president, ten years, Chinese constitutional formed and developed a unique system of yin and yang. "Common program", the five four constitution and constitutional law area system is one thing, the actual operation of power is another matter.

One is Chinese, the Communist Party in the national institutions, quickly established a top-down integrity, rigorous, centralized organization system. Early in the1949Years11Month, the CPC Central Committee Political Bureau, through the "CPC Central Committee on the organization of the Communist Party decided China Party committee of the Central People's government.". That same month, "CPC Central Committee on the establishment of the Communist Party of China decision" requirement in the Central People's Government: "where the Party Central Committee all relevant government decisions, must guarantee the execution, shall not be violated."

Two, China gradually in the country to establish a strict "nomenklatura" system, and the appointment of personnel of the people is important form of. In the1951Years3Month28Day, Liu Shaoji puts forward in the first National Conference on Organization: "cadre of our party in management of our party, the appointment and removal of the deployment of non Party cadres and other problems, must also be published opinion, therefore, for non Party cadres also needs to be managed directly or indirectly."1953Years11Month, "decision" CPC Central Committee on strengthening cadre management job requirements "gradually established in the central and the party committees at all levels of the Organization Department of the Central Party committee under the unified management and all levels of each part of the cadre management system".1955Years1Month, the CPC Central Committee decided to name the CPC Central Committee issued by the cadre management table, put forward "in the future, where included in this position the table name cadres appointment and transfer, shall be reported to the approval of the central government". The decision also asked the local Party committees at all levels to develop their own management cadre job name table, so that the unified management system.

Three, the exclusive in the military, diplomatic, intelligence and other state organs in the free development of Communist Party members, establishing Party organizations, with no party or if the party organization, any state organ will not work.1950Years7Month19Day, the CPC Central Committee "resolution" the activities of the organization of the democratic parties, "the democratic parties not in the people's Liberation Army including security forces, army and military organs, schools and army enterprises developing party", in intelligence, revolution, the old university personnel training and make, the consulate, "do not organize activities". But the Communist Party members and the number of the party organization is rapidly expanding, the absolute high proportion in the leading bodies at all levels.

Four is the national fundamental policy, the government must report to the CPC Central committee.

"In order to make the work of the government to avoid out of danger, the leadership of the Party Central Committee",1953Years3Month10The central government issued the "CPC Central Committee on strengthening the authorities of the Central People's government system to the central reporting system and strengthening the central leadership over the work of the government (Draft)", requirement:

The work of the government in the future all the principal and important principles, policies, plans and important matters, shall be subject to the prior approval of the Central Committee, and by the Central Committee discussed and decided or approved, before execution. The major problems of implementation and the work of government departments in the central government decisions and instructions, shall be regularly and promptly to report to the Central Committee or the request, in order to obtain the central often, direct leadership.

Five, establishes the top-down government party communist system, and the government can not issue orders left and right of the Chinese Communist party.1953Years of Mao Zedong put forward "centralize power on major issues, small power dispersion. Party Committee decision, the parties to do". All major issues shall be determined by the party committees at all levels, the work of the government, the Communist Party committees at all levels prevailing in leadership, will the government work is divided into a number of "export", such as industry, politics and law junction mouth, is responsible by the Chinese Communist Party committee in charge of secretary of the Committee or.

Contrasting with this is, the government lacks the authority of the Chinese Communist party. Leading Party group of Ministry of Finance1955Years1Month11Day on corruption and theft of state taxes, the tax cadres in the State Council and the Central Committee of the Communist Party to submit the report, the State Council approved the request of the provincial Party committee report.1Month13Day, Mao Zedong wrote: "this please the government ordered Party's point of view is wrong, and more than one so, please correct."1Month17Day, Mao wrote: "by the State Council to the Provincial Committee ordered way wrong, such internal commands, like with the Party Central Committee issued by the State Council to be signed."

So, the party in the country, formed a control a not found in the constitution, mechanism of all state power. For this put aside of the constitution, not without opposition. However, the voice in the anti rightist campaign was severely suppressed.

 

2 Strengthen the party system in the law of the

During the anti rightist movement, even "regardless of Party and government", "government", "all for human rights" and so on, are as rightists "g.m.". The problem of party power constraint in a box under the constitution. Since then, the party system in the law on further strengthening. Mao Zedong's personal authority, soared.

According to Bo Yibo's memory,1958Years2Month18The Central Committee of the Communist Party, Mao Zedong in Nanning meeting said: "Political Design Institute in where? Zhang Bojun said the State Council had finished, he was not satisfied, he shall have the right to participate in the design. Our political bureau member can have the right to participate in the design? For the past five years plan, in fact is not entitled to participate in the design. I was the president, also did not participate in the design." Mao Zedong criticized: "there are people who want to power in hand, let the party have little clout. This is not concentrated. Focus only on the Political Bureau, member of the Standing Committee, Party committee, Secretariat, there can be only one core."

Then, Zhou Enlai in5Review of the two meeting held in eight months: in economic work, some major problems not timely to the central reporting, no more often to the central system reflect the situation. Zhou said, "Chairman Mao is the representative of the truth".

1958Years2Month19Day, the CPC Central Committee General Office issued the work method of Mao Zedong wrote "sixty (Draft)" (in the hair[58]84Document). The "sixty" in the hair was not published.

"Sixty" clear the Party of political, military affairs directly in charge of overall. For example, "above the county Party committees at all levels must grasp the work" the construction of socialist, columns, handicraft industry, agriculture industry fourteen. "Above the county Party committees at all levels should work" industrial socialist, and columns have yield fourteen indicators. "Party committees at all levels should work" agriculture socialism, also included the yield index fourteen.

"Sixty" the leadership of the principle: "centralize power on major issues, small power dispersion. Party Committee decision, the parties to do. Do have won, not from the principle. Check the work of Party committees, responsibility." The so-called "centralize power on major issues", refers to the "main power should be concentrated in the central and local Party committee collective". "Sixty" also said: "if everything to do first secretary? Can not be. Events must ask."

1958Years6Month8Days of Mao Zedong, the CPC Central Committee decided to establish the financial, political, scientific, cultural and educational affairs, each group notice draft instructions and modify. Notice in accordance with the draft, the CPC Central Committee of political science and law, finance, foreign affairs, science, culture and education group were Chen Yun, Chen Yi, Nie Rongzhen, Peng Zhen, Lu Dingyi. The leader the candidate, Mao Zedong made no changes. Mao modified said notice:

The Party Central Committee decided to set up a business, politics, foreign affairs, science, culture and education groups. The group is the Party Central Committee, the Central Political Bureau and Secretariat, directly report to them. Fundamental policy in the Political Bureau, specific arrangements in the secretariat. Only a "Political Design Institute", no two "political design institute". Fundamental policy and specific deployment, are unified, regardless of Party and government. The specific implementation details of government agencies and decision making and the party. The fundamental policy and specific deployment, government agencies and leading Party group to recommend, but the decision of the CPC Central committee. Government agencies and the party and the Party Central Committee has the right to check. (BOLD said Mao's modification -- cited note)

This is on top of the State Council, the Supreme Court, the Supreme Procuratorate, set up a "and" mechanism.6Month10Day, the CPC Central Committee issued the "notice on the establishment of Finance and economics, law, foreign affairs, science, culture and education group". Since then, the administrative and judicial organs of the state, the National People's Congress and its Standing Committee to be responsible and report their work, to be responsible to the CPC Central Committee and all levels of the leading organ. Follow suit places, such as in Shanxi, leadership of the CPC Shanxi Provincial Committee members a clear division of labor, "Secretary of agriculture, industrial, Secretary of education secretary, Finance Secretary, political secretary said"; "the work have emphasized 'secretary command', in order to reflect the absolute leadership 'Party'. In the organization of work in strengthening the party rule, the organization departments of Party committees at all levels party cadres and grading of unified management of the system".

In the1959Years4A meeting on two session of the National People's Congress held on the eve of the Communist Party of China, held the eight session of the seven plenary session of the central committee. Mao Zedong wrote an outline of the speech at the plenary session: "power is concentrated in the Committee and the Secretariat, I was handsome Shuai, Deng Wei." Deng Deng Xiaoping, the general secretary of the CPC Central committee. Hair done system arrangement outgoing president still can be in power.

 

3 Commander of ownership

1949Years9Month27The Central People's government organization law passed, "the Central People's Government Committee of the people's Revolutionary Military Committee Organization, thought the highest organs of state military"; "people's Revolutionary Military Committee unified jurisdiction and command of the people's Liberation Army and other armed forces".9Month29Through the "common program" also stipulates, "the establishment of a unified army" of the people's Republic of China "by the Central People's government, people's Revolutionary Military Commission command".

That is to say, the Imperia does not grant any political party or other social organizations.1949Years10On organization of the people's Revolutionary Military Commission, member of Communist Party members are not uniform, a CMC vice chairman and6A military commission public identity is not a member of the Communist Party of china.

But in the "common program" into effect at the beginning of, it appeared the National Commission of the CPC Central Committee and the Central Military Commission coexist. The people's Republic of China was founded, the General Political Department of the Military Commission of the Central Committee of the Communist Party of China is still called the general political department,1950Years4Month, was renamed the Central People's government, the people's Revolutionary Military Commission, the general political department.

The national military work of the fundamental policy, is decided by the Political Bureau of the CPC Central Committee and secretariat. Intervention in the Korean War is an example. According to Zhou Enlai "Chronicle" records:1950Years10Month5Day, the CPC Central Committee Political Bureau meeting to discuss the Korean War and aid Korea, Zhou Enlai expressed strong support for Mao Zedong to North Korea's claims. The next day, week in and senior cadres conference pointed out: "now the Korean government has repeatedly asked us to send troops to help, how can we from ruin? The Party Central Committee, Chairman Mao has been determined, so this is not considered not to question, but consider the problem how to win in the army."10Month8Day, week to sue on behalf of the CPC Central Committee meeting "war and Soviet Union to provide Chinese military assistance and provide air cover to the volunteer army".

Visible, before the five four constitution was promulgated, it has been firmly established under state command name, actually belong to the conventions of political parties.

1954Years9Month20By the constitution, nor does the commander right granted to any party or other social organizations, but the "Regulations of the people's Republic of China belong to the people"; "the people's Republic of China, the national command of the armed forces, served as chairman of the national defense commission."

The constitution promulgated in eight days,1954Years9Month28On the Political Bureau of the CPC Central Committee made "on the establishment of the party's Military Commission decisions", pointed out that "that the Central Political Bureau, must be the same as in the past, the establishment of a party's Military Commission under the Central Committee Political Bureau and the Secretariat, to shoulder the entire military leadership", and decided to Mao Zedong president, Peng Dehuai of the CPC Central Committee the Central Military Commission of the daily work.

Five four the provisions of the constitution of the National Defense Commission was false.1954Years10Month6Day, Peng Dehuai in the title problem about CMC directly under the Ministry to Mao Zedong's report says, "the National Defense Commission is the advisory body properties". In accordance with the provisions of the relevant resolutions of the Political Bureau of CPC Central Committee and the Central Military Commission, the National Defense Commission was characterized as "United Front nature organization".

1958Years2Month, general office of the CPC Central Committee issued the "work method sixty (Draft)" in put forward, "party to catch the military. The army must be placed under the leadership and supervision of Party committee".4Month, the CPC Central Committee issued the "on the strengthening of local Party leadership over the armed forces and the local party and army close relationship between instructions".7The enlarged meeting of the Central Military Commission, through "about changing organizational system resolution (Draft)", provides that: "the Military Commission of the Central Committee of the CPC Central military departments is the unified leadership of commander in chief of the army, is the chairman of the Central Military Commission Agency, is the commander in chief. The Department of defense is the name of the Central Military Commission of foreign. Matters Military Commission decided, which require the approval of the State Council, or by the administrative name issued, signed by the Secretary of defense." In this way, the Ministry of national defense of the people's Republic of China, became one of the Central Committee of the Communist Party of the actuator.

That is to say, the seven five constitution "chairman of the Central Committee of the Communist Party of China national command of the armed forces", and the seven or eight constitution "the armed forces of the people's Republic of China by the chairman of the Central Committee of the Communist Party, China command" in1958Years has become the five four constitution than custom.

On the party's allegiance to the further development of allegiance to the man.1956Years11Month2Japan, in second, two division of the military club, Peng Dehuai see hanging on the walls of the "military first" oath "I'm under Chairman mao......" He said, "there's something wrong with this way of writing," "now the army is a national, not just in which personal leadership. We are materialist. Chairman Mao died who led?" Peng's views did not lead to a change in the military oath.1963Years9Month28The provisions on the two NPC Standing Committee amended by the "China people's Liberation Army military service regulations", Chinese people's Liberation Army "in the Communist Party and Comrade Mao Zedong China under the leadership of the people's army", "Mao Zedong Thought officers must study hard".

From the system point of view, Mao Zedong holds the military, not because he was president, but because he is the chairman of Central Committee of Communist Party of China, the Communist Party of China and chairman of the Central Military commission. This system not only violated the constitution, but also there are serious holes. One is the five four Party Constitution without restrictions on the president and vice president position, so the Constitution also optional independents and members of the Communist Party of China any legal parties outside; two is the chairman of the CPC Central Military Commission and chairman of the national two duties difficult also became and outgoing; three is the president is a member of the Communist Party of China, the improper state the chairman is not resigned chairman of the CPC Central Military commission. Therefore, in the president because of the absence of death, resignation, removal and other reasons, the vice president succeeds to the office of president for health reasons, or long-term can not work by the vice chairman acting chairman of authority, and the election of a new president, vice president, there may exist in the Central Military Commission and chairman of the president or acting president in the long or short time is not the same person phenomenon. Because the command is crucial, vulnerability may lead to the crisis of the state.

 

Two, the constitutional angle: Chairman Mao overthrows the president Liu

 

Mao Zedong in the outgoing president, from a constitutional perspective, it is no longer "leaders", but he bypassed the five four constitution, political party leaders to identity, continue to wield state power.

 

1 A judicial precedent

Mao Zedong1954Years9Month27Elected president, in accordance with the five four constitution, the president in office for four years, should be in the Office1958Years9Month27The end of the day. And Mao himself in the legal term, also has repeatedly proposed don't want to take the next president. Wu Lengxi said: "Chairman Mao to resign as president, early in the1956Years of eight just before the central interior proposed."

But the two session of the National People's Congress meeting1959Years4Months before the first national meeting, the term of office for the president unconstitutional, than the constitutional term, many for seven months.

In the period Yixian Mao full term has not retired, the eight session of the six plenary session of the1958Years12Month10Through the "eight session of the six plenary session of the Communist Party of Chinese agree with Comrade Mao Zedong him not to become the next president of the people's Republic of candidate proposals decided to put forward" (hereinafter referred to as the "decision").12Month17The Xinhua News Agency published on the plenum communique.18Day, "people's Daily" published a front page of the decision and the Committee bulletin.

"Decision" and the meeting communique announced, hair "not as national chairman, chairman of the Central Committee of the Communist Party do", "does not prevent him to play a leading role for the state to continue". "Decision" also said: "Comrade Mao Zedong is the people of all ethnic groups in sincere love of proven leaders, in that he no longer served as national chairman, he is still the people of all our ethnic groups leader. In the future, if there are some special cases need when he served as the job, still can according to people's opinions and decisions of the party, and he served as national chairman." "Decision" requirement, "the party committees at all levels should according to these reasons, in the appropriate meeting of the party, the people's congresses meeting, in industrial and mining enterprises workers rally, in party and government organs, schools, troops of the meeting, to the Party cadres and the masses fully explained, so that we understand this thing reason, and not to be misunderstood." (BOLD said Mao's modification -- cited note)

Whether the behavior to make the bulletin and the decision itself, or bulletin and the contents of the decision, it is against the constitution of five four. It appears, is the party is in the constitution. The eight session of the six plenary session of the bulletin and decided to give the party chairman has beyond the constitutional privilege. This privilege is the hair will become in the people's Republic of China "and the president".

12Month18Day, "people's Daily" published on the front page bulletin and the "decision" at the same time, in the second headlines with banner headlines "Chairman Mao will lead us" associated with it. The report says, "the people of the whole country warmly discussed and agreed to the recommendation of Chairman Mao and the Party Central Committee's decision". "Many people pointed out in the discussion, the Chairman Mao not president, chairman of the Central Committee of the party do...... This does not preclude the Party Central Committee Chairman Mao Zedong as comrades, for countries to work to play a leading role in his wise. In the discussion, we think that although Chairman Mao did not serve as the next national chairman, still is a great leader of the people of all ethnic groups is loved." The report also said:

The eight party in the Sixth Plenary Session of six12Month10After a day by the decision, in order to let the people in the newspapers do not feel suddenly, delaying a decision announced the time step by step, first held a conference call, the decision conveyed to the people of all circles. From the11Day, in the ethnic regions of national authorities at all levels, to all people's organizations, democratic parties, factories and mines, the rural people's communes, all units, each are big in primary school, shops, business community and neighborhood residents, religious, returned overseas Chinese and ethnic minorities have successively held the meeting, conveyed this decision, discussed the national. Discussion into every corner of the country, the country people of all ages and both sexes residents generally heard convey and warm to participate in the discussion.

So vigorously to convey this decision, in order to "not to be misunderstood". Let every corner of the country to the people, including the "people's congresses" know, hair no longer when the president or "people of all nationalities leader", will play a leading role in the country "continue to work".

 

2 Besides the constitution "title"

1959Years4Month27Day, Liu Shaoji was elected as the president. The outgoing president of Mao Zedong, the two session of the National People's Congress, not held any other national office.

4Month28In Japan, "people's Daily", the hair has a constitution does not "new title": "great leader Chairman Mao Zedong Chinese people". A headline, is published by the Xinhua News Agency27Daily News "Liu Shaoji was elected chairman of the people's Republic of China". Reports say, "great leader Chairman Mao Zedong China people attending the meeting today", and cited the "decision" of the words: "in him is no longer served as national chairman, he is still the people of all our ethnic groups leader."

Below is the edition, "cheers to elect new leaders". Abstract this report said: "the people of the whole country warmly embraced the eight session of the six plenary session of the decision...... We deeply realize: Comrade Mao Zedong do the Party Central Committee chairman...... Does not prevent him to play a leading role for the country to continue the work of."

When Liu Shaoji was elected president of the day, the state news agency and the central authorities reported explicitly declared, is not in the "leaders" of Mao Zedong, only one party of the president, is "to the people of all ethnic groups, leaders" and "the great leader of the people Chinese".

Since "leaders" openly speak "Chairman mao". For example,1959Years9Month, Premier Zhou Enlai in the inscription written in "China youth leadership in the great China Communist Party and Chairman Mao"; President Liu Shaoji said "in the Communist Party and Comrade Mao Zedong China leadership in Congress to celebrate the ten anniversary......" Chairman Zhu De of the NPC Standing Committee1960Years9In the banquet speech said: the people of all ethnic groups in the CPC Central Committee and chairman mao.......

1965Years1Month3Day, Liu Shaoji was elected the third president. The second president office again extended, and for1Year zero8More than a month.1Month4Day, "people's Daily" headline "Liu Shaoji was elected chairman of the people's Republic of China" said, "great leader Chairman Mao Zedong Chinese people attended this meeting". The two edition published an article entitled "peripheral" unity in the party and Chairman Mao's "Xinhua news agency, Shanghai three". According to the five four constitution, the National People's Congress has "the power of supervision of constitution", but the three session of the National People's Congress meeting1Month4Also called resolution through the "conference call...... In Chinese Communist Party and Chairman Mao Zedong's leadership "and so.

Since the1959Years to1965Years, in Chinese people also appeared in two "President": "Chairman Mao Zedong" and "President Liu Shaoji". Six years of the "people's Daily", every year10Month1On the front page, with the most significant position, a portrait right and left side by side "Chairman Mao Zedong published" and "President Liu Shaoji". However, status, stick out a mile.

 

3 "Good soldier to Chairman mao"

1959Years4Month27Day, Liu Shaoji became president, in accordance with the five four constitution, now in command of the armed forces of the state by liu. However, when Mao Zedong still is the chairman of the Central Committee of the Communist party.

Mount Lu after the meeting, members of the Central Committee of the Communist Party to change.1959Years9Month26The Central Military Commission issued "about CMC members of the notice", said the decision of the CPC Central Committee Political Bureau, chairman of the Central Military Commission for Mao Zedong, vice chairman Lin Biao, He Long, Nie Rongzhen.10In March, the Central Committee of the Communist Party of new held the first meeting of the standing committee. According to attend Wu Faxian memories, Lin Biao declared, "the new military exercise collective leadership, all problems after the discussion research, validation report to Chairman mao". Lin also said: "the major problem of collective discussion, finally all must ask the Chairman Mao, Chairman Mao decided by."

President Liu Shaoji is the vice chairman of the Central Committee of the Communist Party, but he was not in the Central Committee of the Communist Party members list. According to the five four constitution has no powers of the national command of the armed forces of the CPC Central Committee and President Mao Zedong, but the right palm command, and according to the constitution should have authority to the national command of the armed forces of President Liu Shaoji, will exist. The formation of Beihai fleet, are examples.1960Years5Month4Days, the Central Committee of the Communist Party's report said, the headquarters of the general staff and the Navy Party committee recommended to the Qingdao naval base, formed the basis of Beihai fleet.5Month5Day, the CPC Central Committee General Secretary Deng Xiaoping instructions: "to agree, show the president's approval."5Month8Day, Mao Zedong on instructions form Beihai fleet report: "do."

1959Years10Month, Lin Biao spoke of a country under the rule of law is a taboo word: "people's Liberation Army as a tool for political struggle." This means that control the army can use the military to the political struggle. The following year, Lin Biao proposed: "the glorious tradition of our army is: loyal to the party, loyal to the people, loyal to Chairman Mao, this is the people's army the essence of the problem, if away from the three 'to the' army, degenerate, into the Chairman Mao, anti party, anti socialist forces."

Forces loyal to Mao continuously strengthened.1960Years10Month21The enlarged meeting of the Central Committee of the Communist Party, the "on the strengthening of the Army Ideological and political work of the decision", "must be great red flag" hold high Mao Zedong thought, "Chairman Mao called on everyone to read books, listen to the words of Chairman Mao, according to the instructions of Chairman Mao, as a good soldier of Chairman Mao", "politics, namely with Mao Zedong Thought command. Party committees at all levels and the political organs should convey and implement the Party Central Committee, Chairman Mao's instructions, as the paramount duty".

1963In the army a large-scale issuance of "Lei Feng diary", the upsurge that lifts study Lei Feng.2In August, Lin Biao wrote an inscription: "learn from Comrade Lei Feng's example, as a good soldier of chairman mao".3Month, Zhu De inscription: "learn from Lei Feng, as a good soldier of chairman mao".1965Years, Wang Chieh was the tree as an example.11Month8Day, "people's Daily" the editorial said recently deceased soldier Wang Chieh "is a good soldier of chairman mao". On the same day, "Liberation Army Daily" editorial as "good soldier to Chairman Mao's learn from Comrade Wang Chieh" as the subtitle. But the Liberation Army Daily editorial series "Wang Chieh diary", in which a section of the title of "Chairman Mao said how, I do".1965Years11In August, Lin Biao puts forward, "the supreme instructions of Chairman Mao's book as we all work".

In this way, not as the president of the Central Committee of Communist Party of China is still the Chairman Mao Zedong, the commander of the armed forces supreme. Violation of the constitution, to put up a pageantry. Future "red flag" magazine editorial in the criticism of Luo Ruiqing, that he said, Mao Zedong's words as the supreme instructions "does not conform to our system".

 

4 The institutional consequences: Chairman Mao overthrows the president Liu

1964Years12Month15To1965Years1Month14During the day, the central working conference, held a, Mao Zedong said to Liu Shaoji: "you have what fantastic, I move a little finger can bring you down!"1966Years8Month, the eight session of the eleven plenary session of the Central Committee of the Communist Party of China "decision" on the Great Proletarian Cultural Revolution, and re elected by the Standing Committee of the political bureau. Liu Shaoji ranked in the Standing Committee of the Political Bureau, from second to eighth.

1966Years10Month23Day, Liu Shaoji reviewed the central working conference, enumerate all sorts of "mistake" he made, said "I made during the cultural revolution in the wrong route, and later returned to Beijing from the great teacher, our party and people's great leader, great commander, great helmsman Chairman Mao, corrected by the hair the president himself", and said "I fully support the party's eleven plenary session...... The central organization change. Comrade Lin Biao is in all aspects are far above me, the other party comrades are far better than i".11Month9Day, the regiment level Liu Shaoji of the CPC Central Committee Work Conference on the review, issued to the county.

Liu Shaoji was denounced, raid, restriction of personal freedom. According to Liu Shaoji's secretary, Liu Zhende recalled, "along with the continuous upgrade of his criticism, to the type and quantity of his file gradually reduced, until the stop", and the telephone is removed, so that Liu Shaoji is in a kind of "no work, no file can be read, do not eat sleeping pills and can't sleep sleep" state.1967Years8Month5Day, Liu Shaoji in the Zhongnanhai was interrogates was taken back to the house, he took out the "people's Republic of China Constitution", protest and said: "who dismissed my president? To judge, but also through the people's congress. You do this, is an insult to our country." The five four constitution to protect Liu Shaoji.1968Years10Month, the eight session of the twelve plenary session of "traitor, traitor, approved a scab Liu Shaoji crime review", make "forever Liu Shaoji expelled from the party, revoked all positions inside and outside the party" decision.

The people's Republic of China President Liu Shaoji was chairman of the CPC Central Committee with Mao zedong. If1949Years after the enforcement of constitutional change, Liu Shaoji in the identity of a party, including a decline in status or even expelled from the party, most will only weaken its influence in the public affairs, does not affect the legal authority to own and exercise. But in "the party environment in law" in different.1969Years10Month, Liu Shaoji "in serious illness forced from Beijing transferred to Kaifeng 'care'",11Month12Day died. He had not a relative, until1972Years, his wife and children will know he has gone. While the vast majority of people, but I do not know the president's death. Arrived1974Years, Changchun young workers Shi Yunfeng wrote "Comrade Zhu Shaoqi...... Good health.

 

Three, Chairman Mao down political lesson president Liu

 

1 A source of political tragedy that party in the law

On Mao Zedong's "error", people often say "hair get tenure".

Actually,1949Year "common program" and the Central People's government organization law of the Central People's government chairman, has no time limit, but only in the hair5The chairman of the Central People's government; the five four constitution has tenure provisions to the president, but no term limit, Mao's although overtime, also not to5Years. Add up the two at the time, only9More than a year, than in Washington when the president's time, only less than two years. And outgoing president, hair is only second, the third National People's congress,1975Years later, even the fourth session of the National People's Congress is improper. From a constitutional perspective, Mao never "for life".

Hair1976Years9Month9Day died is the position of chairman, chairman of Central Committee of Communist Party of China, the Central Committee of the Communist Party of the CPPCC National Committee honorary chairman, are non national public service. Therefore, the so-called Mao's "life tenure", only refers to its as Communist Party posts. But this is only a party.

On the basis of the five four constitution, the president is head of state, commander in chief of the armed forces, if not to resign or be dismissed as National People's Congress, regardless of which party person, to overthrow the president, only the riots, assassinations of illegal methods available. As the heads of hair party can bring down the commander in chief of the meaning of the constitution, rely on, is the party in the law system. Chairman Mao overthrows the president Liu political tragedy, is essentially a party in the law of the tragedy. Only the implementation of constitutional democracy, and ensure that the party in the state, under the constitution, can eliminate the institutional basis of this kind of tragedy.

 

2 The eight two Constitution: state owned by the state, party to Party

The party in the law, without legal procedures can wield state power, the power in the constitution, which is the result of1949Years after a series of political tragedy is one of the important reasons. The eight two constitution is a foundation in learned that lesson. State owned by the state, party to party, any party not extrajudicial privileges, you can override the country, even to the country when the property.

As Hu Qiaomu said, "can not be interpreted as ruling party directly into the regime is the national machine". Any party shall not have and exercise only state organs can have and exercise of powers. If a party is the ruling party, in accordance with the eight two constitution, legal state power is not granted to party, but to specific access to a national office people to exercise, but as a public man, not to confuse the staff members and public identity.

The eight two Constitution clearly different political leadership and the ruling. According to the constitution, any party members to get seats for National People's Congress, President, prime minister, ministers, the president of the court and other staff, must be approved by the statutory election and appointment procedures. If not through the election, will not generate the deputy to the National People's Congress, mayor, mayor, governor, President, National People's Congress and the government organization. The electoral mandate, is any political party and everyone around but one off. While the president, prime minister, ministers, governors, mayors, director and other important posts, in the qualification, in addition to age, deprivation of political rights and restrictions, and no party limit. That is to say, in the eight two constitution, no there is no natural, put things right once and for all, according to the election to determine the ruling party.

 

3 The operation of power must be under the Constitution Constitution by the method body, duty, right by the legal

Because of the implementation of the party system in the law on the long term, for many major issues of judgment, not according to the constitution of the "GB", but according to the "party standard".1949Years later, buckle "manipulation, usurped the throne, his army's" hat on head, is "s party basis". To Liu Shaoji as the representative of the eight session of the CPC enlargement of the twelve plenary session in the communique "...... Manipulation, usurped the throne, army of the bourgeois headquarters said, "is the example. In accordance with the "Xinhua Dictionary" to explain, ", is to use improper means (power or status)". Since the constitution is the "basic law", what is "usurped the country, government, military, in" standard is only the constitution, rather than the "party standard". Otherwise, it is easy to confound right and wrong.

In order to prevent loss of state power "in", must make the power in the framework of the constitution should work operation, put an end to the Yin and Yang system. One is the national authority according to the constitution, only through legal procedures waste legislation,Any social organization including political party, is above the uplink state organs to make the Constitution gives the power of state organs. Two, the national office place independent, not with any social organizations including political party offices confusion. The three is to obtain the constitution, elected or appointed national office, must through the constitutional legal procedures, and duty, right, responsibility, have the right, have the right to have the responsibility, and the civil servants what party members independently. Four, no matter what kind of political party positions as, not as the public cannot exercise statutory powers corresponding to the public, and the public is the civilian office. Five is the five four constitution, based on practical experience, the central government officials elected class inauguration and outgoing period, should be fixed in a month, the residence is fixed, as the symbol of state power, not with any party including political party with a residence, corresponding to the use and duration.

 

4 Soldiers loyal to the Constitution

As mentioned before, as president, Liu Shaoji is the commander in chief of the armed forces of the country's leadership, but he has been down, one of the main factors, is the national armed forces on the issue of yin and Yang system. Soldiers are "good soldier" Chairman Mao, Liu Shaoji as commander in chief is no force can rate.

1966Years10Month25Days of Mao Zedong, the CPC Central Committee work conference said: "the great cultural revolution this fire is put me up." The fire burned up why?1967Years3Earlier this month, Chen Boda in the army cadres of the speech on the conference was very clear: "without the people's Liberation Army, was not the Great Proletarian Cultural revolution. The cultural revolution is possible, is the dictatorship of the proletariat, is in the people's Liberation Army protection." The same year10Month19Day, the CPC Central Committee approved Lin Biao's "eight · nine" speech, Lin Biao said that launching the Cultural Revolution by the two conditions, the second is "by the PLA forces". According to the eight CPC expanded twelve in plenary meeting communique said, is "the people's Liberation Army in Chinese support", "the bourgeois headquarters and around the agents destroyed" represented by Liu Shaoji "".

Because of this, the eight two constitution learned the lessons of history, the army belongs to the state, and the provisions of the armed forces "must abide by the Constitution and the law". Zhang Youyu1982Published the article said, the draft amendment to the constitution changed the seven or eight constitution "provisions of the armed forces of the people's Republic of China by the chairman of the Central Committee of the Communist Party and government Chinese command that regardless of the circumstances".1987Years, and in the "law" published an article that the China:

......1982Years of constitutional amendment1975Provisions of the constitution, the NPC is the highest organ of state power, not under the leadership of the party organs at lower levels; the people's Liberation Army belonging to the state, not by the CPC Central Committee and chairman of the party and army command "".

 

5 Constitutional democracy in the inner party democracy

Tame the power is one of the indispensable goal China modernization, is the atomic bomb explosion, satellite and so on are irreplaceable.Historical experience shows that, the satellite Tianyi, difficult to tame the power. Because you can't tame the power, Chinese suffered the anti rightist movement, the great leap forward, the cultural revolution and so on huge political disaster.

In Chinese,To tame the power, one must ensure that the party is in law. Without a firewall between the party and the country, totally dependent on inner-party democracy, dangerous and unreliable. Even if the democracy within the party, also can not replace the constitutional democracy. In compliance with the constitution, democracy inside party is more or less, is the head of tenure or restrict term system is arbitrary, individual or collective leadership, this is the Party of the party. No matter how political situation, for the whole country, constitutional democracy in the inner party democracy, separation of powers and checks and balances in the collective leading, so that any party cannot override the country, so that the party is wrong -- whether this wrong inner-party democracy or Democratic Party not based on, are difficult to directly into the national disaster. Even from any political party leaders have trampled on the constitutional thought, in the framework of constitutional democracy, also cannot defy laws human and divine. Party History Research Center of the CPC Central Committee as vice chairman Liao Gailong said:

In this system, leader of the country's power is not unlimited, but is restricted by the Constitution and laws, by the legislature (Congress) control and judicial organs, by the public opinion control. He can't abuse of power seriously damage the legal system. If he does, it will be ousted.

 

6 The party under law, is the political struggle must follow the principle of

1949Years later, a long-standing difficult problems Chinese solution, is the political civilization, or the political constraints within the framework of the constitution. Can say, since the establishment of the people's Republic of China, to Mao Zedong's death, Chinese political struggle was never able to get rid of "the struggle against the cruel, merciless blows" bloody gas. Chairman Mao overthrows the president Liu is just one example.

1980Years10Month25Day, Mao Zedong Deng Xiaoping said: "who does not listen to his words, he wanted to look at the whole." And Peng Zhen1979Years9Month1Japan also said in the Party School of the CPC Central Committee's speech: national chairman, grasp and then grasp; vice president, general secretary of the party, to the whole as a whole. What vice chairman, deputy prime minister, vice chairman, Commission National marshal, what party members, members, cadres, model workers, what people, what the objects of united front, to the whole as a whole. You can raid, can catch, can capture, can be locked up, can be framed, easy to smear, can be non torture, can kill.

Because of the Communist Party of China is aware of the political struggle of savage, the eleven session of the fifth plenary session through "guiding principles for inner party political life", put forward a "party" in violation of national laws are not allowed to use "means to treat the party"; "to be absolutely prohibited the use of" fascist "means to solve the problems within the party." This is an effort to struggle in the Party of the Communist Party of China civilization. "Party" double ", not be unconstitutional? "

But for the country as a whole, the key political civilization, to follow the eight two establishment of the Constitution Party under law principle, any party can not only through the manipulation of state organs to the cruel political struggle, andAs a social political organization, political parties, both to members and non party people, also cannot directly exercise to national legislative, administrative, judicial organs exercise the power, and the power to use to carry out political struggle.

                          (editor Du Jin)