In 2012 02 months 28 days 09:49Tencent public

 

Old Mr. Guo Daohui who was one of the rule of law

Yanshan forum 151 constitutional forum six

ThemeThirty --82 Constitution: Retrospect and Prospect

Speaker: Guo Daohui (famous jurist, China law professor)

The critics:

Wang Zhanyang (Central Institute of socialism political science department director, Professor, China economic reform institute researcher)

Song Fei (Chinese International Law Academy of Social Sciences researcher)

Host.Zhang Qianfan (Peking University law school professor, tutor of doctoral students)

Host.Tencent charitable foundation the National People's Congress and parliament research center of Peking University Law SchoolUndertake.Tencent comments

Time:February 23, 2012 (Thursday) 19:00 -- 21:30

Place:Sigma B1 small theatre

There are points [82] Constitutional ProblemsThe 82 constitution the biggest weakness is the lack of a clear judicial independence, the two is the rights enumerated in the constitution of missing, there are three constitutional rights without corresponding legal guarantee. Some obvious violation of constitutional tort legislation should not be corrected, legislative actions cannot be guaranteed by the constitution, civil rights and lack of constitutional protection.

Two points [] what is socialist constitutionalismThe core elements of human rights, democracy and the rule of law (Xian Zhi). The realization of these core values are the means of restricting the power. Only realizing the socialism is the socialist constitutionalism. Marx did not say only a socialist.

Three points [Communist Party should become a Constitutional Party]The Communist Party is not only a revolutionary party, the ruling party, but also into a constitutional party, in fact, this is the party constitution, the constitution. The leadership of the party to the constitutional framework, rather than in the constitutional government. And the Constitutional Party is the formulation of standards of the Communist Party should be fully accepted formulation, the formulation of the constitutional party.

Four points [constitutionalism is to safeguard human rights]The choice between countries, social two main body, should be social. But if you do choose at the national, social and personal three subjects, not social supremacy, but individual first. That is to say that the individuals in the society in the first position in the value main body, the constitutional government to individual human rights on the most important position, constitutionalism is to safeguard human rights.

Five points [the party to rule by law, rule of Constitution]The leadership of the party into control, jurisdiction, dominance is wrong, the Communist Party as a political leader, cannot override and issue orders left and right to the state power, rule of law, rule of constitution is the task of the party.

 

 

Zhang, Guo, Wang, song four teachers

 

The 82 constitution of flash point

Zhang Xiang.Thank you for your visit to Yanshan auditorium, today very honored to have invited four scholars very famous scholars, here thank Zhang Qianfan teacher put constitutional forum held in Yanshan great hall, guests have "law people" of Guo Daohui teacher today, the host is Zhang Qianfan of Peking University teacher, central the school teacher Wang Zhanyang, and the Academy of Social Sciences, Song Fei teacher, I take time to miss Zhang Qianfan.

Zhang Qianfan.Good evening,everyone. Constitutional forum for holidays stopped for a period, very happy now resumed, and very happy and Tencent Yanshan auditorium to cooperate again. Today I have invited Jiang Ping, Li Buyun and the famous "three one of the rule of law" by Professor Guo Daohui. In fact, Guo old should be the three of them older, 84 years old this year, but you see he is very healthy, vigorous, agile thinking. I was very impressed at the, a few years ago I in Beihang University hosted the Guo old lecture, it is about "the rights of citizens and social power", this is Guo Lao new title, lecture finished with questions from the audience, asked Guo old why to live a long and healthy life. Guo old answer is three words: to tell the truth. This sounds very puzzling, because we know that in Chinese truth more may be in trouble, too much is not only health and longevity, possibly counterproductive, so today we can ask Guo Lao, why tell the truth but can live a long and healthy life? This encourages us in an often do not speak the local why telling the truth is a very meaningful. To tell the truth may pay the price, Guo Lao also paid the price, but in the end he obtained the health and longevity. Is that not many of us seek but fail to get it?

Guo old this life also can use "this three word summary speak the truth". The man is a graduate of Tsinghua University, after graduation in Tsinghua office, was a member of leading Party group of tsinghua. As everyone knows the story of Premier Zhu Rongji we are classmate party membership. When I joined the Party of the old man, he was a "hot blooded youth". Now it is "haired youth", this is the Internet for his comments: Guo old age, but the thought with the young people like agility. Both then and now, his features are criticized the ruling party. In in the flames of war era, Guo old criticism of the ruling party; later changed, he still keeps his personal independence of conduct style, continue to criticize, it paid the price. In 1957, against the "old Guo anti rightist", it was called "the right". In 1979, the reform and opening at the beginning, the man is 50 years old, was transferred to the National People's Congress, where he worked for more than eight years, has experienced Chinese rule of law and constitutional development. Today invited Guo age 82 constitutional review and prospect, he is the best person to make, because he personally participated in the 82 constitution. At the age of 60, he went to China "law" as president, continue to maintain his style. He should be "editor in chief China law" the national publications by far the most vocal. I am also very lucky, the first article was published in Guo Lao Ren editor.

Over the years the Guo old has maintained his color, very not easy, eighty years old but still keen thought, after eighty years of age has published several monographs, constantly thinking about reform of the China. Very fortunate today, please him 82 constitutional past achievements, existing problems and future development direction, especially now speculation very hot "constitutional socialism", let us welcome Guo Lao give us lectures! Applause.

Guo Daohui.Good evening everyone, thank you for the invitation of Professor Zhang Qianfan, thank youTencent.comInvitation. This topic is Professor Zhang Qianfan proposed, I first on this topic published a few thoughts. "Man", personally I was twenty, twenty years old to join the Communist Party, at the age of thirty "thirty down", the Communist Party is our party the whole down. To reform in 1979, Peng Zhen released from prison (before liberation by six and a half years, the Cultural Revolution was sitting his party's nine and a half years in prison, he out) when the director of the NPC Law committee. Without what person, his former Secretary Wang Hanbin wants to call me in the past, so I am 50 years old "monk" in legislation.

The 82 constitution, did the thirty preliminary established, 32 years after the founding of new China, 1982, the 82 constitution, it can be said that the fourth constitution (constitution, the 75 constitution of 54, 78, 82 the Constitution Constitution), is one of the better a constitution, and reform. Open 30 years have used the 82 constitution. The constitution from formulation to this year is the thirty anniversary, this will become a hot topic, I will talk about this part of the constitution, which highlights the problems and the future should be how to do.

A new provision in the constitution, democracy and the rule of law embodies the spirit of reform and opening up.

The 82 constitution in the early eighty's, it was the ideological liberation movement be in full swing, and after the "practice is the sole criterion for truth", and held the Third Plenary Session of the eleven, in the guiding ideology of the party can bring order out of chaos. In addition, in 1981 the Party Central Committee approved "resolution on certain questions in the history of" the party since the founding of new China, (previously (1980) I have the honor to participate in the discussion of the draft resolution four thousand veteran cadre work, as the first group of the Secretary general. I'm in the previous year in the "spring and Autumn Annals" published on the discussions of the resolution. The 1982 constitution is developed in such a background. I was working at the National People's Congress Legal Committee, sent me to the constitutional amendment committee secretary of the meeting, so the experience formulation process. Now, as far as I remember, know as far as I know, talk.

On the 82 constitution, I think there are three points worth, because still shining:

(a) confirmed the basic rights of citizen.

This you may have noticed, the 82 constitution is the fundamental rights of citizens in general chapter as the second chapter (the past is placed in the institutions of the state behind in Chapter third). The 82 constitution for the first time, the front to basic civil rights and obligations as the second chapter, highlighting its constitutional status, and the status of higher state organs, state agencies, this very profound meaning, to show that the civil rights is the, is higher than the national power, the first citizen and civil rights, then the election, authorization national institutions and their power. The state power can not be violated the rights of citizens.

82 basic constitutional rights of citizens has made 24, 54 more than the 5, 75 more than the 20, 78 more than the 8; and the 82 constitution in 37, 38, 39, 41 continuous several about personal freedom of citizens, the inviolability of the residence, personality dignity of citizens are not violated provisions to do, which is aimed at the lesson learned from the cultural revolution. Especially the old cadre personal pain during the cultural revolution, wantonly trampling on human rights, personality and decide, "human dignity is not violated" was first included in the constitution.

In addition the citizen criticized, suggestions, complaints, charges and prosecute the right of any state organs and their staff confirmed in forty-first, this is very important, now there are indispensable to. This is now the rights of citizens constitutional basis. I want to protect my rights and legal rights, I can go to court, procuratorate prosecution against government corruption, I can petition. Now the petitions were suppressed, and this is to protect the petitioners, who suppress the petition is unconstitutional. This article in the 79 years that have issued by the criminal law have the similar provisions. The two session of the National People's Congress in 1979 five session of breath through 7 basic laws, criminal law is one of them, is mainly directed against the cultural revolution that defy laws human and divine, the red guards, "the revolutionary masses" can be any raid, arrest, torture to extract confessions innocent citizens, cadres, such as the criminal law to "chapter infringe the personal rights and the democratic rights of crime" the train, especially the violation of democratic rights stipulated as crime, a crime and the criminal law is very important, it is not in the past. But any organ or individual encroach upon the citizen's democratic rights, personal rights, if the circumstances are serious, be given criminal punishment. The criminal law also prohibits the posters, false accusation, white to destroy the reputation of others, no false revolutionary cadres and the masses. This is not the language of the law, the criminal law is formulated under the auspices of the Peng Zhen and other leaders to their personal experience, suffer and make. The constitution is made on this basis and background.

(two) early constitutional right as the ruling party in national constitutional system status.

The 82 constitution, the 78 constitution corrected 75 of the Constitution in the relationship between the right of the party and the state power. The 75 Constitution Party power over state power, there is a rule of "National People's Congress is the highest organ of state power" in China under the leadership of the Communist Party, which means the Communist Party is higher than the power of the people's Congress of organs in the system, this is obviously the party power over state power. (Lenin had pointed out that the "Soviet above all political parties"). So the 82 constitution "under the leadership of the Communist Party" Chinese words out, this is not to deny the party on the state of affairs leadership in the politically correct, but regardless of Party and government, ruling the country by the party ", the party power above all" concept.

The 75 constitution also stipulates that "the chairman of the Central Committee of the Communist Party China national command of the armed forces", has also said "the absolute leadership of the army by the party", this formulation may in strengthening Party leadership over the armed forces; but from the perspective of jurisprudence that I think is wrong. Why? The so-called "absolute leadership", namely the exclusion of any other leadership; and the fact that the 82 constitution had hitherto unknown to a separate section (third: fourth) the provisions of "the Central Military Commission", the "central" refers to the State Central Military Commission, the first article (article ninety-third) confirm that "the Central Military Commission of the people's Republic of China the leadership of the armed forces", which means the country's army is the people's Liberation Army Leadership (of course, in our country, the historical and realistic reasons, the people's Liberation Army Based on China simultaneously by the leadership of the Central Committee of the Communist Party, the so-called "one entity, two brands"). The Constitution also provides that: "the chairman of the Central Military Commission" to the Standing Committee of the National People's Congress and the National People's Congress, the National People's Congress is elected for a term of the same. On the constitutional recognition of the National People's Congress authority (62), shall be specified by the National People's Congress is elected the president of the Central Military Commission "; according to the chairman of the Central Military Commission's nomination, decided to other members of the Central Military Commission." The same also provides that the National People's Congress "decide on questions of war and peace", the NPC Standing Committee "decided the proclamation of a state of war", "martial law throughout the country or in individual decision Province, autonomous region, municipality directly under the central government." These are related to major decision to bring in troops. In addition, the constitution of fifth special express "all state organs and armed forces" "must abide by the Constitution and the law. All activities that violate the Constitution and laws, must be investigated."

The constitution of these Provisions, all express the national army is the army, to be responsible for the National People's Congress, which is subject to constitutional constraints and the National People's Congress leadership. These Regulations are involved in the development of important consensus and constitutional concept of the 82 constitution of human ascension. The so-called "opposed to military nationalization" of speech, deviated from the provisions of the Constitution and the constitutional spirit, also do not accord with China's military is under national financial and taxpayer support the fact. They may be out to strengthen the Party leadership over the armed forces of "good", actually a disservice, not consciously put the party in a constitutional position.

The Constitution also restored the past 54 comparative constitutional right, "adhere to the leadership of the party" wrote in the preface part, and not as a specification. Just now I read the 75 constitution as constitutional provisions, is normative, coercive. The 82 constitution to write the preface, and wrote the preface as revolution or the construction experience of the representation of history, and is not a specification.

Someone says, the four cardinal principles are the basic principles of the constitution, I do not entirely agree with this view, the four principles are the basic principles in our country must fulfill the leadership of the Communist Party, but it is not mandatory for all people and all the compliance. Such as Hongkong, Macao is not socialism, asking them to follow four principles, Hong Kong and Macao will not engage in one country two systems. The national religious cannot compel them to believe Marxism atheism, it will and citizens "freedom of religious belief" rights conflict. So I think the four cardinal principles are the foundation of the party and the Party of the Communist Party principle principle, mainly as a ruling party the Communist Party (especially the leaders and cadres) must comply with the principles of constitutional principles; mandatory and not all people all must obey, besides the average citizen can't obey (Implementation), because they do not directly control the nor exercise the state power directly or the right of the party, not to be "stick" "Party leadership" and "dictatorship", there is no violation of this principle. As Deng Xiaoping pointed out, "who is qualified to make big mistakes, that only the Communist party." Because it is the ruling party. In fact, since the founding of the PRC is who violate, destroyed the four cardinal principles? Is the main party leaders and leaders of the gang of four stream. They all leader power instead of the collective leadership of the party; make the feudal fascism, not a socialist; carrying out all-round dictatorship over the people, not the people's democratic dictatorship; adhere to the ultra leftist ideas and line, rather than the Marx doctrine.

Here to explain, distinguished leadership of the party and the ruling party. Sixteen plenary session of the party about the party's ability to improve the decision is a very incisive word: "the ruling status of the party is not innate, not put things right once and for all." (incidentally, this word with me before 10 years in the "law" published in a sentence is the basic approximation. I said "the ruling status of the party is not a birthright, also not put things right once and for all", I this article is several old "left" that is "denying the leadership of the party," and "seeking truth" and criticism at the "truth" and other journals.) That is to say, the Communist Party, in its correct route and the party for the public spirit, by the people's trust, support, without going through legal procedures, can be in politics, policy leading, guiding role, become the leadership of the party; as the ruling party, should be through legal procedures, which must be made by the people to the election. The leadership of the Communist Party cadres should be the president, the prime minister, the site responsible person, must go through the National People's Congress on behalf of the national election, confirmation, elected Party cadres to exercise state power, to become the ruling party. Some people say that the ruling party is the constitution, constitutional provisions do not have this, the Constitution does not set a a confirmation "China Communist is permanent, natural governing party". The National People's Congress system has not been established in the beginning of the founding of the Communist Party even, also not according to "make the world sit the world" principle to the ruling, the formal election but on the eve of was established by National People's Consultative Conference, it's only legitimate.

In addition, the Constitution also special provisions: all state organs, armed forces, social groups and organizations must abide by the Constitution and the law, must take the constitution as the basic standard of conduct, and all legal acts violating the constitution must be investigated, any organization (including the Communist Party) or individual may have beyond the constitution authority. This is a fateful, is the 82 constitution the biggest bright spot, but also to the reality to very large, but has so far failed to establish a system of constitutional review, this one has not obtained the very good compliance.

(three) the 82 constitution embodies the goals of modernization.

The 82 constitution will guide thought of 75, 78 of the Constitution Constitution from class struggle to economic construction as the center, especially the abolition of the "continuing the revolution under the dictatorship of the proletariat comprehensive" theory, principles, and stressed the need to realize the socialist modernization construction programme. In the constitution to protect citizen's legitimate property, confirmed the autonomy of state-owned economy and collective economy, also confirmed the constitutional status of Sino foreign joint venture enterprises, provides the constitutional basis for opening to the outside world and the introduction of foreign capital. In the aspect of the socialist legal system construction, expansion of the constitution of the Standing Committee of the NPC power. The last standing committee can enact decrees, the new constitution can make laws, the basic law enacted by the National People's Congress, the Standing Committee law. Especially the establishment of people's Congress at or above the county level people's Congress in, to strengthen the current operation.

I'm talking about these three aspects, not necessarily completely summarizes the 82 advantages of the constitution, it still exists many deficiencies, so in 1982 after the adoption, in 30 years later by the four amendment to the constitution, the most important thing is to put the socialist market economy, "the rule of law, build a socialist country ruled by law", "national security and respect for human rights" into the constitution, principle, this is very important, which reflects the constitutional democracy, modernity and open, this is the advantage of the good aspects of the 82 constitution.

 

Guo Daohui teacher

The legislative defects of the 82 constitution

Lack of two, 82 of the Constitution

Needless to say, the 82 constitution also has many deficiencies, the need to further improve the. And the light is the text of the constitution is not enough, must also be stressed that the implementation of the constitution. This relates to the constitution may not have the constitutional issues.

What is constitutional? This word is taboo in the past, that is the patent of capitalist. Now open the, can speak constitutionalism, but for what I call the constitutional some leading cadres, some friends are not fully understood. In the past 10 years, I is the constitutional government on what, do a simple summary:

Constitutionalism, in short is based on democracy and the rule of law as the principle, in order to protect the power and civil rights and people's rights for the purpose, to create the Constitution (Li Xian), the implementation of the Constitution (Hang Xian), abide by the Constitution (Shou Xian), to uphold the Constitution (Hu Xian), the development of the Constitution (Amendment). From constitutionalism to constitution, the whole process is a constitutional amendment. Constitutionalism is also called "constitution", according to the constitution. Before the liberation, the older generation of Chinese legal expert Qian Duansheng, Wang Shijie in their co authored the "comparative constitution" in the "constitution" and "constitution" concept.

The 82 constitution is what defect?

First, the governing idea and system, the biggest drawback is not clearly define the principle of judicial independence is the only court, procuratorate ("exercise judicial power independently in accordance with the law", the procuratorial power, rather than the independent judgment; nor the 1954 Constitution stipulates generally court Independent Adjudication "only obey the law", but the listed "no prescribed by administrative organs, social groups and individuals", which means without the inclusion of the organs such as the ruling party's local Party committee is not subject to this restriction, but also may be interpreted as citizens and social groups on the obvious judicial injustice and corruption in accordance with the law of the right supervision suggestions also excluded).

What is not established the balance of power system, the principle of presumption of innocence.

Three is not established the system of constitutional review, some obvious violation of the constitution, including the constitutional tort legislative, administrative and judicial behavior as well as the ruling party "to the constitutional violations of Party rule" have not been corrected, the constitution to protect the rights of citizens lack. This is the first point.

Second, the constitution lists the fundamental rights of citizens and there are many gaps, away from the socialist constitutionalism requirements is still a big gap. For example, the right to life, freedom of religion, freedom of thought, no, right of residence, the right to strike (the 75 constitution), separation and balance of powers did not, the property right is not perfect, residents of urban and rural housing land property damage, until now has not affected by the protection of the Constitution and the law.

Needs to be noted are: 82 the first list a (tenth) "city of the land belongs to the state". Committee for revision of the Constitution in the discussion, this article is not for all the attention, also without a public hearing or on behalf of careful consideration, ignored the past. I was simply think, city transportation, parks and other public land of course belongs to the state. Now the problem, make city, taken out, the old city residents to all private property is the joint private estate, in addition to the deed, and title, building under land he is buying, this is private. But because the 82 constitution this word only 11 words, is equal to the free state, confiscated. That is to say the ordinary citizen night is the implementation of the "socialist transformation", the land asset forfeiture, now lead to removal of contradictions is so sharp, intense. Land is valuable, the government take to resell, which seriously violated the property rights of citizens.

Another is the right of personal freedom is not perfect, the lack of relief system.

As for the right now some new, emerging, such as the right to life, the right to self-determination, equal rights, development rights, environmental rights, peace right, right, right of privacy, in the Constitution did not expressly confirmed, these are very important right.

Third, there is a more significant problem is a constitution, constitutional rights but no law to protect. Our constitution is not actionable constitution, not the constitution judicature, a provision does not apply to the trial court of constitution. No law can not be directly according to the constitution to rule, so that citizens rights are not guaranteed. For example, Article 35 of the constitution cited citizens assembly, freedom of procession and demonstration, speech, publication, freedom of association, except for the demonstration of a law, others have no laws, regulations or rules or even only the red head file, but these things are not under the law (there is no such laws, not according to) therefore, in the legislative authority and procedure was unconstitutional, violating the legislation law, because the legislation law provides the basic right of the citizen must be made by the National People's Congress law to formulate regulations, rules, can according to law to formulate, no law did not make, and now our Department has advanced enacted many regulations and rules, such as the regulations on religious affairs, publishing and printing act, the Societies Ordinance, the Internet some provisions, this is no legal basis. The law is to protect the freedom of citizens, and now the regulations, rules to control and limit the freedom. Of course, the freedom is not absolute, especially the demonstrations should be limited. But demonstrations in the "six four" after the political storm by the Ministry of Public Security issued a draft, to the Standing Committee of National People's Congress, the Standing Committee of the people look, there were 22 "not"! The National People's Congress Standing Committee members said, this is not you guarantee freedom of procession and demonstration method, but to limit the demonstration method. So the NPC Standing Committee, the 22 "not" cut 12, there were 10. As far as I know, Beijing city through in this law, approved only three demonstrations: one is USA bombing of our Embassy in Yugoslavia; one is a novel involves insult minority, ethnic minorities to protest; and a I forgot. Of course I don't advocate motionless marches, demonstrations and the conflict of social security, especially not organized the masses in the passion driven, there will be happened, so should be limited, as the legal expert Mr. Zhang Youyu (vice mayor of Beijing city) published in my editor of the "Chinese law" the article points out, theme demonstrations law is to protect the citizen's freedom, to this purpose; also need some restrictions, but the limitation is also in order to free, if not harm people's repose or harassment, occupy official machine off. But the restrictions in order to more orderly exercise of civil liberties. If you consider that to take care of the big picture, the citizens voluntarily can temporarily abandon exercise this freedom, not simply give up enjoy this free right, this is not the same as.

In general, the confirmation of civil rights without legislation, rights will not be effective legal protection, the right to "Utopia" clause, can not be achieved, this is the biggest problem. Therefore, I wrote an article "the establishment of the constitutional legislation system" in more than 10 years ago, emphasize the protection of basic rights of citizens, must first have the civil rights legislation, but until now there is No. A complete system of legislation, the basic right of the citizen is void, how is the socialist legal system? You can say that it is the legal system Chinese characteristics, but not the socialist legal system. I participate in the jurisprudence last year an annual meeting, discuss the formation of the socialist legal system, I put the papers submitted, it has won the first prize. I feel it is gratifying: Published impromptu, mark law circle have independent thinking, can't scruple taboo awards, because constitutionalism some sensitive at the time; but alas, 10 years ago, now it can also win the, now still not achieve reform lag, too.

The teacher Guo Daohui and teacher Zhang Qianfan

Outlook: the socialist constitutionalism

Just about no constitution does not necessarily have the constitutional, unable to protect the fundamental rights of citizens. That today we going next? I think first of all is to perfect the constitution. But with the text of the constitution perfect but not strictly implemented, not strictly according to the constitution, also in vain. Now in theory circles, law circles put forward a new idea of proposition: socialist constitutionalism. Below I will talk about this issue.

What is the constitutional socialism? Professor Hu Xingdou of Beijing Institute of Technology in 2006 to the central letter to carry out socialist constitutionalism, Northwestern University has a vice professor Hua Bingxiao published a 60 word monograph, systematically explored the socialist constitutionalism. Professor Jiang Equality Law University expert Gao Fang, and Marx's old people's University and the old constitutional jurist Xu Chongde wrote articles in favour of Chinese should engage in socialist constitutionalism, constitutional no socialism without. I also wrote "I agree" the socialist constitutionalism (published in the southern weekend).

I believe in socialism, have always wanted to constitutional government, so I also agree with the socialist constitutionalism. But first I have to say, I am in favor of socialism is the new socialism, I am in favor of the constitutionalism is the new constitutionalism.

What is the new socialism? Deng Xiaoping said, what is socialism we are not clear. He defines the nature of Socialism: "emancipatory productivity, develop productivity, the elimination of exploitation, eliminates the polarization, and ultimately achieve common prosperity." Compared with the definition of the class struggle as the key link of the socialism, have great progress. But it cannot be said to have completely summarized the essence of socialism, because it does not involve the superstructure, only the economic problems of social productivity and equitable distribution of foundation, development. This is Deng Xiaoping's southern tour will mark the 20 anniversary of this conversation, I think he is very great, save China, saved the reform and opening up, also saved himself, or the history of his evaluation can make a huge difference. Chinese began justifiably formal market economy after the South (front plus "socialist" attributive). Southern tour speech when Comrade Xiaoping emphasizes not surname surname endowment problem and debate society, market economy can be surname endowment can also name service. I think it is not necessary, should not be asking community name surname endowment, because the socialism and capitalism, inseparable, Chinese and American economically inseparable, are closely allied with each other (one to create a new term: "in American"). The capitalist countries have socialism, socialist countries and capitalist factors (different of course subject status). For example, we are a socialist country, and Hongkong, Macao was under the capitalist system. Many Chinese enterprises not only have the state shares, there are private, and foreign stocks, you say it is surnamed socialist or capitalism? In addition, the private economy in the Constitution also determines the position, "the private economy is a component of socialist market economy", since it is the market economy part, still say that the name and surname of the problem? Marx said it is too early to say, capitalism is the material premise of socialism. Engels in his later years, especially about joint-stock, parliamentary system is the transition to socialism in the form of. Earlier, Chinese President Wang Zhen to visit England, he came to England to see, to see their social security, social welfare is so good, praised said, is not this the socialism? But he added: "if the leadership of the Communist Party" is better.

Speaking of "Party leadership", may I say a few words: any country (the modern democratic countries) must have the leadership of the party, the constitutional state must exercise political party. USA political system is a multi-party system, in fact, the Democratic Party and the Republican party rotation, take turns leading. Japan in the past decades has been the Liberal Democratic Party in leadership. The party is, the leadership of the party is to, otherwise it is impossible to reflect the will of the people of a certain class of problems or. The problem is, how to understand the leadership, how to lead, is in the party and government is not divided, with Party manage state affairs? Or the implementation of constitutional democracy? On the Communist Party in 1941, Deng Xiaoping criticism, point out that is a legacy of the Communist Party of the Kuomintang decadent performance. So the question is not whether to Party leadership, but what kind of Party and how to lead the problem.

I want to ask a question now, the surname what? On socialist some statistics have 70 kinds: the first international socialism, second international socialist, social democratic socialism, and violence dictatorship Third International Lenin Stalin's socialist, and Mao Zedong "Marx (actually Stalin) with the" socialist, and our northeast neighbors family hereditary socialism, have reached the grandson the. They have 30 holidays a year, in addition to the four or five is National Day like, the other is three generations birthday or anniversary is a holiday, the holiday. In addition the dictatorship of Al-qaddafi also is known as "popular socialism", Hitler is pursuing "National Socialism", "Nazi" is a transliteration of the national socialist. South America has several countries in Asia, Burma, India, also once known as socialist, so a variety of socialism. I checked the "Communist Manifesto" chapter third, Marx and Engels on lists and criticism of all kinds of scientific socialism socialist except outside was already exist, such as reactionary feudal socialism, small bourgeois socialist, Germany abstract "real socialism", conservative socialism is bourgeois, and utopian socialism. So, you meet someone claiming to be a socialist country, we need to ask his "socialist" surname what name seal or surname endowment, reactionary and conservative? Is progress, meet the needs of the people and the historical development of the socialism, or not? So the first question to ask is what the name, I think the name constitutionalism, I advocate the socialist constitutionalism.

The socialist constitutionalism with the characteristics of what?

One, it is the first new socialist. Socialism is simply to society for the first principle, the main body of the society is the society that people first, the supremacy of. As long as a series of policies on social especially good people in vulnerable subjects, can meet the needs of social fairness, justice, survival, spiritual and material needs such as food and clothing, beneficial to society in general happiness and prosperity, development and progress for the people and society, can be said to be a socialist factors, because the socialist inheritance is the best thing in the history of mankind, the accumulation of these "factors", quantitative change to qualitative change, gradually development as socialist society. Now capitalism is also called the new civilization of capitalism, the capitalist primitive accumulation period than in the past, the savage capitalism is much better, of course, it also has the economic crisis, unequal, but it is a socialist factors.

What to call the new constitutionalism? The core elements of human rights, democracy and the rule of law (Xian Zhi). The realization of these core values are the means of restricting the power. However, the Enlightenment thinkers power constraint is restricting state power within, to the national power to restrict the power of the state, in a country is sealing machine, the internal parts are combined or self-discipline, mutual checks and balances, which can prevent the power arrogance and corruption, which is very effective is also very important. But some of our leaders say never engage in Western suit. You don't make it a, stood on the Senate floor said this? Parliament is not from the West that a transplant? Including your wearing suits, leather shoes, take a car, not all Western that one? And Marx, also from the west. These people are illogical, unconsciously into stultify oneself.

As for the new constitutionalism, which not only stay in the system of national power, and to look to the society, to rely on social forces to control. There must be two forces: one is the restriction of state power inside, two is the citizen society power (the state power restriction of supervision by public opinion, media such as social groups to. Why rely on various organs of power in different countries to restrict enough? The main Officials one another. is possible, especially the one party state, regardless of Party and government of the countries, various kinds of state power in the final analysis under the unified leadership of the party, jurisdiction. No external social forces to participate in control, urge, is difficult to realize the supervision of state power.

In light of this, I have proposed to "rely on social force", "to rely on social power" to "power diversification, socialization". Power is not the only state power, now some national power has been or is to shift to the society, step by step, decentralization, the right to the society. His society, especially the civil society, social organization, he also has his social power, such as public opinion, media abroad called "the fourth power" (independent of Parliament, the government, the judicial three right), I believe that the media's power is not fourth, but should belong to the "second class", namely in the other than state power in a power: the social power. Why social power? In Western democracies have early, "the Wall Street journal" the exercise of its social power put Nixon down. We are now carrying out market economy over the past years, the state and society is integrated, society is "society", before the reform and opening up the society and country are one, not confrontation, the society is not independent, state monopoly and representatives of society, market economy, the social main body began to be able to master certain society resources, can make use of the resources to control to affect society, to control, to balance the state. With the social power to check and balance the power of the state, this is the new constitutionalism. Of course, this is not my personal invention, America some scholars out of the "new constitutionalism," a book, said "restriction of power is not just a legal issue, should be a social science, political science, should be based on social forces to balance the power of the state", so I stressed that socialism should be the society first, the supremacy of the social subject, social main body is the people's constitution, and the government will "is to the strength of the people, social forces, especially the strength of social organization, namely NGO (non governmental organizations) and development. What a pity now community law has not, to set up a social organization, including the social welfare organizations, often subject to various restrictions and suppression. The Wenchuan earthquake first went to the earthquake scene is not the state organs, nor the people's Liberation Army, but non governmental organizations, public interest organizations, their tractors from Anhui ran. So the social organizations, non-governmental organizations, especially NGOs, are social power organization, but also restrict the power of the state power, so we should pay full attention to the development of social organizations.

Organized society, enjoy the rights of citizenship society, is the citizen society.

What is called citizen? Citizens, according to Marx in "on the Jewish question" that is, citizens may participate in politics, national, political rights of citizens. In ancient Greece, Aristotle also said, citizens have the right to participate in the proceedings, is involved in the trial of the people. Some people think that, as long as the people's Republic of China national, are China citizens. This is just as a necessary condition of citizens, but not a sufficient condition. National does not necessarily are citizens, because if he did not participate in the China's political rights, it is not a complete citizen. Marx said, "public" citizen, is a public right, namely of political rights. Enjoy and exercise the rights of social organization, is the citizen society, they exercise the public right, can form the social power, it is the great power to control the state power.

Guangdong happened recently Wukan incident, can be said to show the power of civil society. At the beginning, the villagers to corruption, robbing them of their land in the village cadres away, the local government authorities considered villagers instigated by hostile forces at home and abroad, and to suppress, a police crackdown, civil resistance. A few months. But fortunately, Guangdong Provincial liberal, sent a work group and the negotiations, negotiations with equal status, finally make the Wukan is a democratic election. This is the civil society, to use their rights include the right of resistance (citizens against government abuse is the resistance power, the "Declaration of independence" America is such a requirement) and participation in the political right to elect their own representatives. Of course the Wukan incident also observed, but at least now do so, I think it is a win-win, both sides are rationally treat, media said it and establish a model for the correct handling of contradictions.

Not much time, I will stop here, I think the prospects of the development is the development of civil society, breeding, development of benign social power, social power, to promote political reform, promote the socialist constitutionalism construction. Thank you! Applause.

Song to Fei teacher

The state, society, individual should be "the supremacy of human rights".

Zhang Qianfan.Today, we bring together the three generation have, Professor please Academy of Social Sciences beauty jurists Song Fei below. She has a research in the field of human rights, is familiar with the thought of old Guo master. The way to say a word, you should be the first female commentator constitutional forum, congratulations!

Song fei:Thank you, very honored, good evening everyone, just Professor Wang said to Guo Lao do commented it with profound respect and humility, I also feel, but also to make a comment on Professor Wang is one with profound respect and humility. Today is good luck coincidence sitting here, I think of the Tang Dynasty poet Bai Juyi in an array with profound respect and humility, he wrote the poem will be read to the illiterate old lady listen. Think of this, I am also relieved.

Guo teacher is my very distinguished predecessors, I read a lot of Guo old book, listen to the Guo old many lectures, his thought is very open, very sharp words, thought is very agile, tonight Guo Lao seemed to change a style, I feel he is very calm, not like the usual the lecture style, so I listen to is not very fun.

The professor told me in front of thousands of Guo old going into the socialist constitutionalism, the southern weekend he has an article I have found, in that article Guolao have many viewpoints is not start speaking, Guo is always possible in order to save time, is really a pity. But in this one hour, Guo old still speak a lot of content, these content I totally agree.

On the 82 constitution I said two: one is the fundamental rights system is not perfect, there were some basic rights were 82 constitution to deprive, some of the fundamental rights of the original Constitution did not write in no 82. Two is the system is not perfect, some system should have not, for example, judicial independence, judicial review system; there are some system is set up, but so far has never used. This reflection of the 82 constitution, the content is very meaningful.

I should not want to say this, I want to talk about that article Guo Lao in the Southern Weekend published in the content, the content is very powerful. Democracy is still we present this society is very important thing, that was one hundred years ago, when the Republic of China is so, so it is now. What is the Republic of China? In a no say countries not in the Republic of china. Everyone approved of democracy is the value of our society now. Two days ago a entrepreneur Liu Chuanzhi discussed this problem, he has many words you may have seen, he said "if we are to implement one vote, China will enter the doomed eternally situation", this causes heat to discuss on the net. Write a news report out to do a show, "there may be some other reporters interpret out of context to his words here cause misunderstanding". I looked at him carefully this paragraph of word, no matter how misunderstandings, meaning is not bad, if really misunderstood him, does not prevent us from it. As to the value of democracy. Democracy will have a lot of problems, but not the means to solve the problem is a former democratic social means, but must be on the basis of democracy means, such as the protection of human rights, judicial independence, judicial review of such means to resolve the issues of democracy. Guo Lao in constitutional socialism article stressed that democracy, this is a value to. Of course, in the article, Guo old almost covers all the value that I agree: democracy, constitutional government, human rights, judicial independence, judicial review, constitutional litigation.

Guo Lao also emphasized the importance of civil society, citizens society with a large space in that article, I agree, we need to establish a civil society. Democracy is a procedure, democracy does not provide specific answers to specific questions. The level of democracy, the last is decided by the democratic participation of citizens level. There is no dignity of citizens, it is difficult to establish constitutionalism. Mr. Zhang Qianfan also has a judgment: a group of slaves was not constitutional state. I think that ran deep. 82 the provisions of the constitution of PRC nationality is our citizens, this is a sense of civic definition. Just in the lecture Guo Lao said citizens have another request, need to be insightful, can play, but also involved in public affairs, it is a qualified citizen. So, the qualified citizen is not generated, but also need to develop the habit of. Now the establishment of civil society also need to exercise the constitution of a series of basic rights, the exercise of fundamental rights only in the series will be more likely to become a Guo old expectations of citizens, especially the article 35 of the Constitution and the right to know of a series of rights, but now such a series of rights in the exercise is very difficult, like it is difficult for us to become qualified citizens like that, we from the democratic social distance is more and more far.

Another is the Guo old very important social power, Guo Lao thought control the power of the country had two ways: one is internal control between power and authority, through two citizens the right to control the state power. Guo old now proposed to control state power by social power, this is a very novel formulation. But the social power formed need to exercise the basic rights of citizens can be formed in, that is to say only citizens exercise the basic rights of constitution can influence, power or force to other subjects, that this kind of social power is as a social power, social power is needed in the based on the basic rights of citizens to exercise before the formation of.

Finally I want to say is that of Guo Laogang socialist constitutionalism understanding, I have no deep understanding. Guo Lao mention socialism is the society first, teacher Wang Zhanyang says social first if the social and other bodies on the basis of social comparison. First, teacher Wang is in favor of, if countries need to discuss, in my opinion and two teachers are different. I think the basis and nationalism corresponding I agree with social first, that is to say in the government, the state, the main body of the society, if you choose a subject as the supreme status, I agree with the social subject for supremacy. ButIf you do choose in the country, the government, society and individual in several subjects, I don't think social supremacy, and the individual may be firstThat is to say, composed of individuals in this world in the first place in the value main body, the individual human rights on the most important position, so compared with socialism, I agree with the "supremacy of human rights". I briefly talk about these points. Thank you.

Mr. Guo Daohui advocated "to tell the truth"

Future power where?

Friends 3:Distinguished professor, good listeners, thank you for giving me this opportunity, I am not law, but according to my own understanding about some of my own views, and also want to ask a few questions. I think this has been talking about constitutionalism, I do not understand why in the constitutional later dubbed the "socialist", and we have been debating what is socialism, what is capitalist, I think the word socialism has indeed been stir does not know is what the concept, even Miss Guo said the festival one hundred percent all three generations of state is also called the Democratic Republic, but in fact it is not so, I think the key is not to see what the bottle it, but is filled with what wine. I agree with Professor Qu's point of view, whether capitalist or socialist I think human beings have the universal values of freedom, equality, fraternity and: dignity, I think that every country in the world, every one, every individual, whether it is socialism or capitalism, the universal values is the common goal of the pursuit of human all the.

My question is, our motivation come from where? From the official, civil society or from all the intellectuals and the professors here, from the Chinese past experience, especially in those countries in the East Asia, promoting society to push this thing must be a great man, I think in the China after the cultural revolution, Deng Xiaoping has the power to promote the development of the society in the key historical moment, but now the China does not seem to have this condition, China future depends on a leader to promote or who to rely on to drive this thing?

Guo Daohui.Promote the realization of constitutional power in where? The 82 constitution has many good things, why? At that time, 80 time initial stage to promote constitutional movement there are four main forces: the first is the so-called "capitalist roaders" dear, they by the Cultural Revolution suffering, feel it continues to die, must reform, must realize the rule of law, we must achieve democracy. Peng Zhen is sitting in your own party. Because there is no rule of law, so in the two people's Congress of the five meeting on the 7 basic laws, this is unprecedented and unrepeatable. At that time, many provisions are directed at the cultural revolution including the experience of my own personal problems. Two that the intelligentsia in discussion of ideological emancipation and the standard of truth; the three is the Anhui eighteen farmers to engage in household responsibility system. Four is the law discussed democracy and legal system, rule of law and. 80's very open, dynamic big foot. This is the power to promote the reform and opening up.

Zhang Qianfan.The message says, there are more than 500 Suiqian children today's parents in education department before peace rally, the answer to what you said just now is part of the problem. To solve this looks very small very technical question is very hard, always "research" is not on the results. If the Ministry of education has a leading out promise to solve this problem, the problem would have been solved. Light is the protest will not have results, finally still have to rely on the interaction between officials and the two party, but the fundamental strength in folk, they turned on.

Friends 4:I on behalf of the Sichuan University law school Zhou Wei teacher to say hello to your teacher! My question is, just Miss Guo said in the social first, people first, in this framework, a thousand sails teacher in his book "the constitution" proposed introduction of constitutionalism has four elements: democracy, rule of law, freedom and union. That such a new socialism with the four elements of constitutionalism combined, or how these four elements reflected, reflected in the new socialism? The socialism and how to embody the socialism? This is the first question. The second question, Mrs. Wang Zhanyang that socialism is the general happiness, I think the general happiness with the two concepts are connected with each other at: one is the utilitarian, two with social answer together, but social answer is such basic rights, not having these basic rights will be happy, so is a already and the bud difference, I would like to ask the teacher distinguishes the concept. Thank you.

Guo Daohui.I answer the constitutional government and the socialism why even in a piece, I add, why is it called constitutional socialism? I think the constitutionalism is the limit of socialism, only truly be called socialism constitutional government, which is a concept of. Why not call the democratic socialism? The second international is the Social Democratic Party, social democratic or democratic socialism. Xie Tao advocates that only democracy can save Chinese, I think the constitutional socialism and democratic socialism is the same, the two have no strict distinction, but I a viewpoint: the constitutional democratic constitutionalism requirements higher, because not only democracy, elections, more the requirement of power restriction, the protection of human rights. In addition, the definition of democracy as the majority rule, but the majority rule do not become majority tyranny, the cultural revolution in the social democracy, "the dictatorship into practice", to the so-called mass dictatorship, which is in the great democracy under the slogan it, is actually the mob politics. So some scholars say democracy is a good stuff, but democracy is all evil good devil. Constitutional democracy or the rule of higher than a typical case, Hunan Taohuajiang River County, 7 married women, the village land has been betrayed, but not to their land compensation, they should have the right to obtain the result, they appealed to the court. But the villagers group be opinionated through democratic majority raise decision: the 7 married women not one of us, you should not give him the land compensation, the majority, democratic decision, not against. But to the court decision, the "democratic" decision is in violation of law, in violation of the constitution "the principle of equality between men and women", convicted of married women win. This means that the constitutionalism, rule of law than that of democracy, which is one reason to emphasize the constitutionalism.

In addition, why not call the socialist constitutionalism, constitutionalism? The two propositions are interlinked, the socialist constitutionalism and constitutional socialism difference is not much, but why didn't I mention? The contemporary constitutional although some features also countries, but in its basic values, is universal, no surnames a company name. So speak "socialist constitutionalism is the name of the agency" implied meaning of constitutionalism. The core value of constitutionalism is universal, of course, concrete system of constitutionalism countries vary, there are Chinese characteristics and so on, but the basic value is to protect human rights, restricting power, not only is subordinate to the majority, also the protection of the minority, the realization of "Republic" and so on, these are universal. Socialism is not universal, dragons and fishes jumbled together. Just professor Zhang Qianfan emphasized socialism is in public ownership, state ownership, I think it should be said, the past Lenin Stalin's socialism is such, Mao Zedong got too. Marx in the late or mid is amended or development. That socialism should be the social system of ownership, also said to restore individual ownership, not talked about state ownership, state ownership is Lenin, Stalin, Mao Zedong inherited, socialism should not to state ownership as the standard. Later, Engels emphasizes that the joint stock system, stock is the transition to a socialist good form, because everyone can share the stock, can become propertied people, this is the social system of ownership, social everyone shares, everyone has the property, this is the social system of ownership, not only for the understanding of socialist public ownership. Of course, the early "Communist Manifesto" to eliminate private ownership, Marx later changed the concept, I think there are a variety of socialism, the state ownership as the standard of socialism, Marx said later social ownership of socialism as the standard.

Song fei:Now there are several students who ask teacher Wang and teacher Guo, what we are talking about constitutional socialism and liberalism, democratic socialism and what is the difference, I am not constitutional socialism camp, but I seriously read some article, I try to supplement. Guo teacher about constitutional socialism democracy, freedom, do contain constitutionalism, rule of law, human rights, judicial independence, judicial proceedings, judicial review of a series of good value, and these and liberalism and democracy is the same. Outside this, socialist factors Guo teacher of constitutional socialism also emphasized Guo teacher identity: common prosperity. The teacher Guo article about the pursuit of common prosperity, and Republic are interlinked, tolerance, social pluralism in Guo teacher's socialist factors, and Mr. Wang said "happiness" and "social" compatible.Xiao GongqinThere is an article about the socialist constitutionalism, he has an evaluation of the socialist constitutionalism, constitutional socialism has great inclusive, he can and we talked about earlier liberal such as communication, because he had emphasized the social equity and common prosperity, and between left to also have a consensus, have very high tolerance, acceptance, he can include a series of good value, and can make the biggest social most of them, especially with the consent of the consent of the person who is rare, it's hard for them to agree with the value of liberalism, to accept the value in their acceptance of the concept, the socialist constitutionalism, which I think may the constitutionalism is the value and significance of the socialist ideological trend.

Guo Daohui.Just add the professor Song Fei is very important, and she is my full-time commentator (laugh). I add here, she say is the constitutional government include more widely, said more than democracy constitutionalism, constitutionalism also includes many elements, Republic of Is it right? Also can put in, we call the people's Republic of China, but we don't think of what is called "Republic", the Republic is not specifically refer to monarchy, Republic of China total mean wealth, people's common prosperity, the common prosperity of the People Republic of China. Constitutional covers music professor can be more widely, not only including democracy, can also include the Republic, human rights or a universal value.

Wang Zhanyang.Said that socialism is the general happiness, this is not allowed, socialism is the general happiness, must have the "doctrine" two words, "is a sign of value choice category, if the democracy that is not equal to democracy, freedom and democracy in several different value, which is the first key, which have a value orientation, it means that a set of value system. The general happiness is the result of a state. The general happiness "refers to the common happiness is the highest value goal I pursue, in order to achieve this goal requires a large set of things of value can be realized, such as universal free, universal democracy, a lot of things together to achieve the general happiness of results. If the said general social happiness is not my proposition, that is the last results, the difference.

Asking what is the difference with the utilitarianism, my idea did not ignore it, I think, I found out later that it was a big problem, the greatest happiness for the most people, who are in the minority, 5% are in the minority, in China 5% is sixty million person, the sixty million person is not happy? The general happiness of each individual, generally refers to each individual. I think we have some problems to careful scrutiny, some formulations have problems in logic, including Kant said that man is the purpose, you want to this great man, who is the objective? When people is the goal, there is a person to person as the method, there is some logical argument is not very strict, how some now defined in socialism, socialism has bad circumstances, do a thing to pay attention to logic, man is not objective, but for the purpose of what, when said the purpose of people, is the man my purpose, that for me, that person is my means, should say what is the purpose of the socialist common people, happiness is everyone in the end is the pursuit of what, is one of the objective, is to think of. Why say that happiness is the ultimate goal? What is the ultimate goal? No longer as a means of value, happiness is only objective value.

Friends 5:I am from China University of politics and law students, based on my practice experience to ask you a question, I came into contact with the masses, working in Beijing, no housing, economic income is relatively low, many people do not have the literacy skills, but also the lack of clear understanding of the law, the courts and procuratorates authority lacks the understanding deviation, though the way these people to respect the law, and the court to appeal, also believe that the court of justice, but for some grassroots groups that they how to safeguard their rights, we as a legal person through what kind of way to help achieve or maintain their own rights? Thank you.

Guo Daohui.Your question in your university four years cannot say, relatively large, our law put my opinion to support, especially the Wukan incident also put forward various kinds of views prompted the government to correctly handle. Recently, the Wu Ying case immediately by the Supreme People's court to review the Is it right? Sentenced to death, the Supreme People's court a citizen metonymy mechanism carefully again, Wu Ying case, many scholars put forward different views, which prompted the government or the ruling party is considering these questions. I just told the power from civil society, from the masses, and now a lot of things that the earliest events, like Sun Zhigang, a Hubei university students to go to Guangzhou, because there is no with temporary residence permits asylum review after beating, Southern Metropolis Daily reported, Peking University three graduate students who present a repeal of sheltering for investigation law to the people's Congress, a response to public opinion, as Sun Zhigang spoke, the sheltering for investigation into the social assistance law. Legal person play its role has a wide place, of course, the problem is not so simple, but we continue to struggle, especially for someone like me, "after 80" invisible, but a lot of really 80 through your efforts, can rely on civil society to promote the national ruling party to push forward the reform, strengthen the construction of constitutional government, to constitutionalism.

Zhang Xiang.In today's lecture is titled "and the prospect of" constitutional review at --82, I hope the four teachers use one sentence to describe your heart Chinese future constitutional vision is what kind of, because we know the democratic constitutionalism is the trend of the world, "Four Civilizations" and may never go on this way, China. The constitutional government will be realized, I would like to hear the four teachers in the eyes of the future China constitutionalism is what.

Guo Daohui.Improvement and implementation of the constitution, to the socialist constitutionalism.

Wang Zhanyang: last night I just wrote an article called "big ideas" Chinese electoral reform, my idea is about twenty years Chinese attained a constitutional democracy, and then 20 years to meet international standards of constitutional democracy.

Song fei:After a few hours is February 24th, February 24th is a day of remembrance of the 50 anniversary of the death of Mr. Hu Shi, I'm on Mr. Hu Shi's thoughts agree, he said a word to our topic today: more research, less talk about some doctrine. In fact, he even has his own doctrine, called individualism, not only for their own sake, individualism is responsible, responsible person. The prospects of the future, I have no way to look now, I only hope that our society can be more respect for each individual,Let the life of each individual with dignity, let the human rights guarantee, it is my desireThank you.

Zhang Qianfan.Today's lecture began relatively calm, then more and more, but the most ardent had to end. This discussion suggests, "constitutional socialism" is a very flexible and inclusive concept, it is potential. Of course, whether it is constitutional or socialist are worth further defined. From today, several of the wonderful speech, a point I learned most of the relationship between constitutionalism and socialist. Guo said the old "constitutional socialism" is not "socialist", a very important. Marx's stick to traditional economic determinism, of course, there may be a little personal "initiative", but the enemy but the decisive role of economy, economic system decides everything, so the decision of the constitutional. According to a more sympathetic interpretation, the Marx doctrine can be interpreted as in favor of constitutionalism, but the premise is the socialism, capitalism democracy must be "false democracy". Today the socialist constitutionalism concept emphasizes an important understanding, the relationship between the two opposite. In view of several today in one sentence: democracy, rule of law, constitutionalism, these so-called "superstructure" thing is not simply determined by some kind of economic system. On the contrary, it directly determines the operation status of the so-called capitalist or socialist. Constitutionalism is including the socialist, the premise of all the beautiful things. No constitutionalism, we cannot truly honor socialist commitment.

Thank you very much for your participation, thank Tencent cooperation, especially Zhang Xiang's arrangement, special thanks to the speaker and the two review of speech. Everyone in the future to study the old Guo: to tell the truth. Finally, let us applause bless Guo Lao, wish him good health, continue to promote the socialist constitutionalism!

 

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