"The constitution" s Zhang Qianfan introduction to
Created:
/Author:
Aaron Lewis
Zhang Qianfan "s constitutional science"
A thick "constitution" Introduction to finally bear watching nature, to feel a sense of relief.However, this feeling lasted not long, heart on the left of the confusion the endless emotion and in front of.Can not help but ask, we enjoy the freedom of the enumeration in the constitution, so in this society?Why we are so far away from the government?Freedom and democracy is in our country is so complicated?When can we truly achieve the judicialization of the Constitution?No clear answers to these questions in this book, of course, also may not give the answer.All of these, all need to find their own slowly later in life.
About this book, firstly, it should be said that Professor Zhang Qianfan.In 1989, he received a doctorate in Biophysics at Carnegie - Mellon University, it is in this year he made a great choice of your life, study direction from natural science to social science.For a twenty year old academic achievement of young people, in the absence of any social science based cases, his change facing our unimaginable difficulties.But in 1989, the special time to let him know that social science has for the current China greater social significance.The May 4th Movement proclaimed "Mr. Mr." didn't really grow up in Chinese, especially Mr. growth is facing major challenges.In this context, every aspiring young people should strive for Chinese constitutional democracy.It is this love for the motherland and for intellectuals sense of responsibility so that he ultimately chose to change.After a long hard, finally realize the Phoenix Nirvana, made his success.
As a returned scholars, Professor Zhang Qianfan familiar with the foreign legal system and constitutional construction, which can be concluded from his series of Western political system ",".The "constitution" introduction, combined with the judicial practice in the constitution of Anglo American law system and continental Europe law, in contrast to Chinese current constitutional status.The author in writing, logic is clear, informative, this paper discusses the development course of constitutionalism and the current in the practice of other countries.Although this book is as a legal guide to write, but because the book cited a large number of judicial cases and analyze the layman, let I this law did not feel a bit boring.And the writing of this book is a more western academic thinking, get rid of the traditional teaching Chinese dull as ditch water.Lists the book preface demolition case, is close to the current social situation, let a person feel.
Some time ago read lots of papers and related to the constitution, including the constitutional review, the protection of civil rights, the common European two big legal systems the content such as the contrast, can be said to have a rough understanding of the concept of constitution, but never a system.By reading this book, I learned many profound things, on the current domestic and foreign constitutional understand.From the origin of constitutional development to the current practice of constitutional government, the establishment from the constitutional judicature to constitutional review, from the national system changes to the political operation, the book has made a detailed analysis.The development history of constitutional government in English law and virtue, the drafting of "bill of rights" and "Universal Declaration of human rights", in particular, let a person feel passion.Some famous cases of USA, those justices interpretation of legal righteousness is words to read more is to let a person feel fully and delightfully.Especially admired Marshall in Marbury v. Madison tough performance, as well as justice Holmes's classic paper.Compared to the system design China current judicial independence, judge independence, USA's system of separation of the three powers may be more will lead to justice those outstanding.
To associate a few days ago seen he speech at the democratic and legal tour forum Chengdu Railway Station video, the judicature is not independent phenomena, can be said to be a deeply indignation, on the other hand, care-laden.Remember Montesquieu in "the spirit of the laws" which once said, the legislative power, executive power, judicial power and to be discrete and checks and balances, if any two of them in the same individuals or organizations hold hands, and you will cease to exist.Of course, the separation of the three powers thought has its own defects, the Chinese Yixingheyi system also has its reasonable place.But Chinese judicial situation is now the court not only by the NPC's supervision and are responsible for it, but to a large extent also swayed by administrative.Under this system, to achieve the independence of the judiciary justice, its difficulty can be see.This is why, Chinese there will be so many miscarriages of justice, popular indignation.
To ensure fair and reasonable legal decision, the need to reform the judicial system, and the reform of the judicial system is fundamentally necessary to establish Chinese constitutional system, a series of rights to the constitutional guarantee of implement.Mr. Cai Dingjian has gone, with the Chinese failed to achieve constitutional regret.Fortunately, many scholars Chinese excellence, their research on the Chinese constitutional theory will continue to.But remember, Mr. Cai Dingjian, that "democracy is our generation's responsibility", in which we include not only those scholars, officials, including those of us ordinary people, enhance our awareness of rights, on the expression of discontent, itself is a call for a constitutional.
After reading this book, it is learned a lot of things.On the other hand, there is a heartfelt admiration for Professor Zhang Qianfan.Think he had in his academic career facing such difficulties are persevered, and once because of his defeat and get disheartened, decadent, is really ashamed.Now think about it, you should really work hard, go to make up the gap.