The constitution is the political system reform consensus [Yanhuang Chunqiu]

(New Year message)The constitution is the political system reform consensus 

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  After thirty years of reform, political reform lag caused by defects in economic reform increasingly, social unrest gradually accumulated, to advance reform in the political system is a pressing matter of the moment. But how to carry out the reform of the political system, Public opinions are divergent., so far no consensus. Archaism cloud: move slow. No consensus, is set to? So, our current political reform "and" more "positive", lack of. In fact, the reform of the political system of the consensus already exists. This consensus is the constitution of the Republic of china.

   Although the current constitution is not perfect, but as long as it is implemented, China's political system will be a major step forward.

   "The constitution" stipulates that the fifty-seventh ", the National People's Congress is the highest organ of state power;" provisions of article sixty-second of the National People's Congress has 15 functions; sixty-third is to remove president, premier of the State Council and other leaders of power. "The constitution" stipulates the state administrative organs, judicial organs, procuratorial organs are produced by the National People's Congress, responsible to it, subject to its supervision; the armed forces of a country belongs to the people, State Central Military Commission led the armed forces.

   We must frankly admit, the National People's Congress did not become the highest organ of state power, "the constitution" these Provisions are not implemented.

   "The constitution" stipulates that the thirteenth, "the state in accordance with the law to protect citizens to inherit private property right". If this one out, malignant events will not emerge in an endless stream violations of private property.

   "The constitution" stipulates that the thirty-third, "the state respects and safeguards human rights". If this one out, "violence law enforcement", "violent interceptors" bad behavior will not be so rampant.

   "The constitution" stipulates that the thirty-fifth, citizens of the people's Republic of China, published a wide range of freedom of speech. If this one out, all kinds of illegal restrictions on the media will not exist, but not "to their words". The freedom of speech and publication, the corruption of power, also have the necessary public containment.

   "The constitution" the thirty-seventh regulation, citizen's personal freedom shall be inviolable. This article if really implemented, there will not be Chongqing style "black" and Beijing the Anyuanding type persecution petitioners black prison.

   "The constitution" the provisions of article 126th, the court in accordance with the law to exercise judicial power independently, not by administrative organs, social groups and individuals. If this one out, won't have so many not be accepted, not filing the case, would not have so many miscarriages of justice.

     Political system reform is to establish a system of checks and balances, is to guarantee the rights of citizens. "The constitution" in the protection of human rights, the restriction of state power is very rich in content. The "constitution" and the reality of the control, you will find the current system, policy, law and government behavior, and the difference is very far away. Our constitution is basically a virtual.

   A country under the rule of law, in the design of political system must be based on the constitution. The nominal constitution, is not only to Chinese people's credit, but also to the international community of dishonesty. China does not stand without the letter, the dishonesty of the situation must be changed. Twelve since the party constitution has stipulated: "the activities of the party must be" in the Constitution and law, which is "the party under law". "The party is an important constitutional principles and political principle in the law". Do the "party under law", all sorts of drawbacks can avoid conflict constitutional name system and operation level of the actual system of.

   The constitution is the fundamental law of the state, in accordance with the constitution of the supreme authority of constitution, the reform of the political system, there will not be, should not be controversial.

   Since the constitution is the reform of the political system of the consensus, we should act, the dummy constitution into the system, the reality of the legal system, it should be for all the existing unconstitutional, law, policy change, which is consistent with the constitution. In this sense, the reform of the political system is essentially a "constitutional action".

    The law alone is not enough. The implementation of the constitution, must have the corresponding system guarantee, such as the establishment of the system of constitutional review: or the establishment of the constitutional court, or set up a special committee in the National People's Congress, or will the judicature of constitution. The establishment and implementation of the system of the constitution, the content itself is an important political system reform.

   Although the current constitution does not have to be perfect, but, as long as we put the constitution implementation, one step forward in political system will. In the basis of political progress, the future revision of the constitution, the constitutional amendment is new to political system. So, is the gradual reform. The gradual reform, is through constitutional means to continuously improve the political system.

   For many years the nominal constitution not only has brought huge benefits to a few people, also formed a complicated and difficult to deal with the interest group. "Constitutional action" will meet resistance. General Secretary Xi Jinping said recently in Guangdong Inspection: we want to "dare kenyinggutou, dare to take risk Tan, not only to break the idea obstacle, but also the courage to break the interests curing barriers". With this spirit and courage, national efforts, under the interaction, "constitutional action" will be successful.

    The new year, the new leadership, the new leader of some new style happy. In the new year, our most hope is in a multitude of things, there are practical action in the implementation of the constitution.
 

 

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   Yang Hengjun to recommend to you the "Universal Declaration of human rights" (source: Xinhua News Agency)

   Today is world human rights day, I want to write a short essay, so once again find outXinhua website on the "Universal Declaration of human rights",But, when I once again after reading, but do not know how to start. I have read many times? Do not know, sometimes in order to find the data will be read in it, sometimes specially find out to read, every read, all can have the new feeling, can even find new impetus.

  I once and human rights advocate friends to chat, I found, among them is a most people didn't read this article in the Chinese government official website can be seen everywhere on the human rights "Bible", I'm really sorry for them. Maybe they think of human rights, is not the talent, who don't know? Have the necessary expertise to read? Wrong, human rights is a natural right, but it was not until 61 years ago, "the Universal Declaration of human rights" was released.

   Today I from the website of Xinhua ( Http://news.xinhuanet.com/ziliao/2003-07/01/content_947858.htm ) have to reprint this article, please see my friends again, I haven't seen a good friend to read it again, in front of this declaration, my word is redundant.

   Just after you read, I want you to control your life, as well as various events Chinese in reality, if you are a careful reader, I even asked you, you remember the names and events, gently written on the back, each rule for example article 5: in the back, you can write "hide and seek" and many died under torture people; Ninth behind? Feng Zhenghu, needless to say, there are actually more names; remember Sun Zhigang? Do not remember it doesn't matter, because read the thirteenth article, you must remember, because there are several billion wandering without Hukou migrant workers brother's name should be written in the following. As for the violent demolition, people die resistance more numerous to cite the example of, so, seventeenth will have many names...

  Often a young friend of mine asked me, he is not brave, don't want to take the risk, in this case, can do what do everything in one's power of preaching the "human rights"? Today at least, I can tell you, to not read the "Universal Declaration of human rights" friends recommend this article, blog, forum, QQ, MSN chat, of course, conditional can also print down, to the neighbors don't understand Internet friends reading.

   I wish everyone in the world human rights day happy, and meaningful! -- Yang Hengjun in the world human rights day sixty-first

Video: Have you read the world human rights declaration

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   In December 10, 1948, the United Nations General Assembly by the 217A (III) resolution and the promulgation of the "Universal Declaration of human rights". The historic "Declaration" after the enactment, Congress asked all member countries to publicize and political status, "regardless of the country or territory, mainly in schools and other educational institutions to spread, display, read and explain." "Declaration" as follows:

Preface

In dignity of all members of the human family and of the equal and don't move right, is the foundation of freedom, justice and peace in the world,

In view of the human rights ignored and insulted contempt has been developed for the brutality, the outraged the conscience of mankind, and a person who enjoys freedom of speech and belief and freedom from fear and want the world to come, has been proclaimed as the highest aspiration of the common people,

In view of the fact that in order to make the human not to have no alternative against one's will rush into danger for rebellion against tyranny and oppression, the protection of human rights by the rule of law is necessary, to the need to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations has reiterated their basic human rights, dignity and value and the equal rights of men and women of faith in the Charter of the United Nations, and the determination to promote greater freedom in the social progress and the improvement of the standard of living,

Whereas member states have pledged themselves to achieve, in cooperation with the United Nations to promote universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms for the full realization of this pledge has great importance,

Therefore, now Congress issued the Universal Declaration of human rights, as all people and all countries in a common standard of achievement, so often Ming each individual and social institutions to read the declaration, strive by teaching and education to promote respect for rights and freedoms, and by progressive measures of national and international, make the rights and freedom in the member states themselves people and in the territories under their jurisdiction people obtained the universal and effective recognition and observance.

Article 1

Man is born free, equal in dignity and rights. They are endowed with reason and conscience, and in a spirit of brotherhood.

Article second

Everyone is entitled to all the rights and freedoms set forth in this declaration, without distinction of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status of any difference.

And not because of a different person belongs to the state or territory's political, jurisdictional or international status and different, regardless of the territory is an independent territory, the trust territory, non self governing or under any other limitation of sovereignty.

Article third

Everyone has the right to life, liberty and security of person.

Article fourth

No one shall be held in slavery or servitude; all forms of slavery and the slave trade, shall be prohibited.

Article fifth

No one shall be subjected to torture, or to cruel, inhuman or degrading treatment or punishment.

Article Sixth

Everyone has the right to recognition as a person before the law in any place.

Article seventh

Everyone is equal before the law, equal protection of the law and are entitled, without any discrimination. All are entitled to equal protection, from any act in violation of the declaration of any act of discrimination and incitement to such discrimination.

Article eighth

Anyone when the constitution or the law gives his basic rights are infringed, the right by the competent national tribunals for such violations as an effective remedy.

Article ninth

No one shall be subjected to arbitrary arrest, detention or exile.

Article tenth

Everyone is entitled in full equality to a by an independent and impartial tribunal to a fair and public hearing, in the determination of his rights and obligations and of any criminal charge against him.

Article eleventh

(a) Everyone charged with a criminal offence, the public trial at which he has not been to defense on until proved guilty according to law, have the right to discriminate against innocent.

(two) any act or not act, at the time when under national or international law does not constitute a crime, shall be held guilty of a criminal offence. Penalty Law on crime applicable.

Article twelfth

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to enjoy the protection of the law against such interference, or attack.

Article thirteenth

(1) everyone has the right to freedom of movement and residence within the borders of each.

(two) everyone has the right to leave any country, including his own, and to return to his country.

Article fourteenth

(1) everyone has the right to seek and to enjoy in other countries asylum from persecution.

(two) in the purposes and principles of the real due to non political crimes or violate the UN's behavior while being prosecuted the case, this right may not be invoked.

Article fifteenth

(1) everyone has the right to a nationality.

(two) any person shall be arbitrarily deprived of his nationality, nor denied the right to change the nationality.

Article sixteenth

(a) in adult men and women, without any limitation due to race, nationality or religion, have the right to marry and to found a family. In their marriage, during marriage and at its dissolution of marriage, should have equal rights.

(two) only after both the free and full consent to marriage.

(three) the family is the natural and fundamental group unit of society, and is entitled to protection by society and the state.

Article seventeenth

(1) everyone has the right to own property alone as well as in association with others.

(two) any shall be arbitrarily deprived of his property.

Article eighteenth

Everyone has thought, conscience and the freedom of religion; this right includes his religion or belief, and individually or collectively, in public or private, to manifest his religion or belief in teaching, practice, freedom of worship and discipline.

Article nineteenth

Everyone has the right to freedom of opinion and expression; this right includes freedom without interference free; and through any media and whether to seek, receive and impart information and ideas of frontiers.

Article twentieth

(1) everyone has the right to freedom of peaceful assembly and association.

(two) any person may be compelled to belong to an organization.

Article twenty-first

(1) everyone has the directly or through freely chosen representatives participate in the administration of their rights.

(two) everyone has equal access to public service in his country's rights.

(three) the will of the people is the basis of the authority of government; this will shall be expressed in periodic and genuine elections, but elections which shall be by universal and equal suffrage and free voting procedures, by secret ballot or equivalent to.

Article twenty-second

Everyone, as a member of society, has the right to social security, the realization of economic, social and cultural rights necessary to free development and have the right to enjoy his personal dignity and personality, this is achieved through national effort and international cooperation and in accordance with the organization and resources of each state.

Article twenty-third

(1) everyone has the right to work, free choice of occupation, to just and favourable conditions of work and to protection against unemployment.

(two) everyone has the right to equal pay for equal work, without discrimination of any kind.

(three) each person, has the right to just and favourable remuneration, ensuring for himself and his family an existence worthy of human dignity, and supplemented if necessary by other means of social protection.

(four) everyone safeguard their interests and the right to form and join trade unions.

Article twenty-fourth

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay right.

Article twenty-fifth

(1) everyone has the right to enjoy the required to maintain the health and well-being of himself and of his family's standard of living, including food, clothing, housing, medical care and necessary social services; in the event of unemployment, sickness, disability, widowed, aging or in other can't control in case of loss of earning capacity, have the right to enjoy security.

(two) mothers and children are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article twenty-sixth

(1) everyone has the right to education, education shall be free, at least in the elementary and fundamental stages should be so. Elementary education shall be compulsory. Technology and the occupation education shall be made generally available. According to the result of higher education should be equally accessible to all.

(two) education to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. Education should promote national, racial or religious group understanding, tolerance and friendship, and shall further the activities of the United Nations for the maintenance of peace.

(three) types of parents their children the education, has the priority right to choose.

Article twenty-seventh

(a) cultural life, everyone has the right freely to participate in the society to enjoy the arts and to share in scientific progress, and its benefits.

(two) everyone to due to his writing of any scientific, literary or artistic wound of the moral and material interests, enjoy the protection of the rights.

Article twenty-eighth

Everyone is entitled to a social and international order, in this order, the contained in the declaration of the rights and freedoms can be fully realized.

Article twenty-ninth

(1) everyone has duties to the community in society, because only his personality is possible the free and full development of.

(two) everyone in the exercise of his rights and freedoms, subject only to the legal restrictions, the only aim to identify such restrictions indeed is to ensure the rights and freedoms of others to give due recognition and respect, and adapt to the legitimate needs of morality, public order and the general welfare in a democratic society.

(three) the rights and freedoms of the exercise, in any case shall not be contrary to the purposes and principles of the United nations.

Article thirtieth

Any of the provisions of this declaration, shall not be construed as implying for any state, group or person has the right to make any aimed at the destruction of any of the rights and freedoms of the activities set forth in this declaration.