The constitution is the political system reform consensus

This print editorial office

In 2013 first time magazine Yanhuang Chunqiu


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.

"Constitution" article57Stipulates, "the National People's Congress is the highest organ of state power; the"62The provisions of the National People's Congress15In terms of63The deposed 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.

"Constitution" article13Provisions, "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.

"Constitution" article33Stipulates, "the state respects and safeguards human rights". If this one out, "violence law enforcement", "violent interceptors" bad behavior will not be so rampant.

"Constitution" article35Regulations, citizens of the people's Republic, publishing a number of free 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.

"Constitution" article37Provisions, 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.

"Constitution" article126The provisions, 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.