These days I also put the "book" world constitution this book generally optimistic, here on some feelings.This book is edited by Jiang Shilin, first published in 1997.Dubbed the "book" actually includes only the Asia Europe America and Australia more than 110 countries constitution, Africa is missing, said to be added later, also do not later had No.However, the more than 110 countries constitution also includes a variety of different types of countries.Of course today, democracy has become the mainstream ideas, whether old or old democracy autocracy, the constitution are broadly confirm the sovereignty belongs to the people, only Columbia constitution prescribed in Article 1, Columbia practiced centralization system, specified in section second, sovereignty belongs entirely to the state.The Constitution also vary from USA with European countries, most concise, India Pakistan and the Latin American countries is complicated, it is probably the original states national conditions, tedious as long as it is really out of this country, as simple as America such countries even the amendment, a total of 34 treaty 20 page paper, also pretty well, today there is which country looks like USA as loose actually so strong live."The book" also included in the Soviet Union, such as France played an important role in the history of the Constitution and the "Declaration of human rights" as a "Declaration of independence" and other such important constitutional document.Each country's constitution is now basically say it is nice, but really it is very uneven.The constitution declared himself to be a socialist countries except China Korea Vietnam Cuba the Communist state, and India Bangladesh Sri Kaguiya that etc.."The book" generally included China nearly a hundred years all the constitution or constitutional documents.The Communist Party of China has promulgated four constitutions, the similarity and the constitution of the Communist Party of China, the Viet Cong constitution.
"The constitution" this word, according to the book, starting with the Japanese, and later to the China.For a start, refers to the general and the law.In ancient China, of course, not the people's sovereignty of national sovereignty idea, only the divine right of the emperor is the embodiment of Right, law is law, in addition to the natural rules, he probably wants what kind of method is what kind of method, it is difficult to divide what Dafa small method.Other modern constitution must have some alike, as it is "the Ming Dynasty" that looks like.Later, Japan formulated the Meiji Constitution, with the introduction of modern constitutional monarch system law meaning, basic law and "constitution" two word refers specifically to the national system.China Xin Hai revolution, the government was founded, Sun Zhongshan was the only 100 days, busily engaged in warfare there on the occasion, to develop formal constitution, was first established a temporary meaning constitution, is to suppress Yuan Shikai power, prevent the name republic of authoritarian, but also to keep the fruits of the revolution do a hard work.Because of the interim constitution of Italy, was dubbed the "Provisional constitution".However, in the historical and social conditions, what role the effort Sun Zhongshan certainly it is hard to play.History is really bizarre and strange sad and sad is, after a hundred years, China experienced a revolution in civil war bleeding upheaval movement and a stirring upside down, but after the dust has settled, we suddenly realize that we are on the road of the constitutional government, is still at the starting point Xin Hai revolution, we still do not have a real constitution, we still can not achieve real constitutional government, our people still can not by a constitution to express their will on the exercise of state sovereignty, peaceful change state system and its leaders.This is our most desolate place, this is what we are facing today's most ruthless national reality, 100 years experience agitation, but we still have to go back to the starting point Xin Hai revolution!
Compared with the name "constitution", I like the term "constitution"."This two word constitution", both the conventional meaning, and the Western saying "the spirit of contract" meaning, can reflect the individual's initiative.But, I think carefully, the formation of a democratic society and in fact"The spirit of contract" is.Now the new democratic state, through a new constitution, often a referendum, which embodies the spirit of "sovereignty belongs to the people".But those established democracies, such as Britain and France and other USA, had not the idea.USA is made up of 13 states "federal" into the country, the Constitution by is to pass the 9 state legislatures (3/4) approval, and, only in the state of effective through.Up to now, each a constitutional amendment still.As everyone knows English, as the world's earlier mature implementation of constitutional representative countries, there is not a uniform constitution, was regarded as the constitution document several laws, are approved by Parliament passed.The French 1791 formulation of the first constitution, the king approved after the entry into force of the.But the constitution of 1793, the French National Assembly in the first pass, and pay for the popular vote, then in 7000000 voters, 1800000 of the electorate voted by a majority of the public, this is probably the first constitutional referendum.CanThis is the firstThe referendumThe constitution, is aBut two yearsThe short-lived constitution.With the French Revolution amidst the winds of change, revolution and counter revolution you Changba my debut, the constitution was continuously over and over.FranceThe French Revolution opened a human was the most magnificent career, mysterious pole is, it also broke out when a bloody and violent time ago (of course, compared with fascism and Soviet regime, the later is pale into insignificance by comparison).From theThe French Revolution to the present constitutionWhether old democracy or old autocratic state constitution, which confirmed the sovereignty belongs to the people (I seeOnly Columbia except), have established some of the basic rights of the people.But many countries constitutional only stay on paper, has not formed the constitutional social system and real basis, from the heart to the widely accepted mechanism really established, from a stay in the paper to implement the Constitution for most people to action on the constitution, it is a need of long-term mutual promotion process of mutual adaptation.YesThe old dictatorship, it is often very repeated surges to pay a lot of heavy cost to society of democracy and ConstitutionalismDifficultProcess.
I think, our democracy can not be built in the castles in the air, democratic society needs a technical force support, traditional ties also cannot do without the country's social culture, so,The democratic system, it is also out of power politics and to broaden the connotation of democracy, only mature system of checks and balances to continuously reduce the violent.So how can we do?The simplest form of democracy in the form of the most basic is "the minority is subordinate to the majority,The majority decides everything "Means that the majority minority 49% must obey 51%, have even in the crucial issue, it must be safe?It often is not the case, the people of a nation held a national public power on a constitution, or to Is it right? Become a big problem that nuclear power referendum, although the results were reluctantly adopted or rejected, but because of low turnout, in fact results in any case, it can only represent the will of the majority, it not again and democracy must counter reflects the will of the majority?A recent example is the "Egypt's new constitution referendum" event, the upper and lower opposite people make a good result, but although is passed, but because the voting rate is too low, the new constitution is considered to be due to the lack of social broad social consensus based and controversial, even facing huge social division, face this kind of situation how do?Back to the Communist Party, said the country must have a core of our people is fit to be a party to a leader to absolute path, or we must head-on to pull this off, I think the answer is self-evident, we have to rush in the past, we must in the democratic practice democracy, therefore I think on democracy and constitutional practice should clarify this views:
A,Democracy is a kind of limited political system, it is not a panacea, but we must be on public affairs decision-making in a cost-effective solution most likely peace.Democracy does not solve anything reasonable, to make it better, we must pay attention to the development of it and the social cultural tradition or international cultural exchanges in all the favorable factors to promote each other.For individuals, in addition to participate in elections to the expression of interests, we should support all recognized as interest demands to achieve through other methods.
Two,A good constitution, not necessarily the constitution embodies the most everyone's real will (this is rarely practical to do, do it best), but this constitution, to each person is real equality is generally the same, is it truly reflects the "rule of law spirit of fairness and equality" before, is that it always reflects the probability for each person equality.Even if the law is only a small number of people through, as long as it's legal procedures, checks and balances are constitutional system, and other social multivariate balance of power, so it is difficult to become a rape law.I think, a little democracy is very important, not a constitution or a decision must be passed by a majority, or must be forced through the people vote, but democracyFirstEstablish people always put the voting rights reserved in his hands, each person has equal probability by law to use it freely,And indeed it is important to keep people on the activity of democratic enthusiasm.ALaw or decision, once passed by a majority of each person, must have generally mandatory, whether you agree or not, you must follow and obedience in behavior, you can only through the law itself gives you a legitimate program to change the law, this is the rule of law and constitutional consensus lies.Here, it contains the spirit of contract and can not be completely about the spirit of contract, every society does not give personal legal independent veto, because this also is social conditions are not allowed.
Three,When theWeThe establishment of"Everyone is equal before the law" the principle, and always the real society and the principle is that there is a certain gap between, effortsGo to theFill itBecome our highest purpose.An ordinary people's personality and a president or a president's personality are equal: an ordinary people to kill a head of state or a state of killing an ordinary people, their penalty must be equal, most is the judicial procedure has not the same.In the end, the balance of law, a person's justice and individual justice is one hundred equivalent weight.Here, the law can not do special award, in actual society the true face of conflict such, only each person's freedom of conscience to do such choices.
Four, a good constitution, generally speaking, if special reasons no social or historical words, it should be as concise as possible Chang Xiao, minimize make people produce ambiguity controversial provisions.It is described in the generalThe rule of law and theThe basic procedure of political principle, system design and the people's sovereignty, national institutions of power operation.Specific content it contains should be as small as possible.As some countries, due to historical reasons, especially write against advocating the theory of class struggle or fascism content, we can understand the special history of emotion, but I think it is not necessary to.While some emphasized socialistic state constitution, highlight what the working class interests of the poor and the real constitutionalism and rule of law society completely draw further apart.
Five,A constitution, usually to the generalPrinciples of political or social ideal, I think it is necessary, but should not overdo sth., should not be too much too often.We for example, such as "the constitution" the second in the "Republic of China's slogan is: liberty, equality, fraternity,"
it should belong to the general terms, but, its general because of the majority opinion,Can not be executedThe legal standard, so there is no legal binding force real.
Six, in my opinion, we can be more mutual tolerance and trust that the constitution, all on our practical interests do not damage does not give us life caused serious inconvenient terms, we try to remove the mandatory.To set the constitution stipulated in general, there will always be a need for capital and so on the national flag and national anthem, and some also stipulates the official language, and all these, I think be of no great importance, the Constitution can flag and Anthem capital official language and so on, but these can be regarded as the majority opinion tendency in general terms, can be specified in the Constitution can not specified, it shall have no binding force.Specifically, even if you are an American, but with no USA this term can go your way; you are an American, you obey the law of this country, enjoy the law gives people the right, but you still have not patriotic right, you still have doesn't love this country has the right to USA!In public places, you can sing your anthem, give your idea of a flag, any person or government agencies are not the power to forbid you or force you!Despite the country's constitution may regulate the legal language, but this should not affect you in public places or institutions free to use your most familiar language, whether it is belong to you this nation, what but foreign dialect.I believe, now the technology has been able to support people using different languages in public facilities, government agencies have should not be forced people in public places must use the same language, but have the obligation to provide convenience for people using different languages.I think, even though he is the president of the country, except in some occasions, should also be using the right most familiar language he.
Seven, both the Constitution and other laws passed, according to the principles of freedom of speech, people must observe and obey in action, different opinions on it can always open discussion and shall not be prohibited.But there are some special historical reasons, such as for example prior cause serious racial or religious conflict laws to limit freedom of speech.In the final analysis, this is a democratic society still immature people do not cultivate the concessions necessary mutual tolerance greater mutual tolerance, freedom of speech to have to make.
Finally, I feel, to achieve the basic premise of a democratic society, a democratic society teaches us the best of everything, we are each other's life, on any matter, opinions, arguments can be resolved through peaceful means to sit down and talk, can be solved through the ballot box., but no longer is solved through the old way of violence, conspiracy, power in the barrel of a gun, but the constitutionalism system provides us with a best peaceful political system changes better practical way.We to any thing, opinions, arguments can be through peaceful means to talk about, can be solved through the ballot box way, then we humans in other ways, no matter how big the difference, we all have a minimum common premise, we have the first and most important common value a concept, we will have a starting point to solve any other a disagreement.To do this step, can be said to be one of the greatest achievement of our human society, especially in human life has been in the nuclear threat to world's shadow, its value is very precious to us.We have a common value in the first of the most important a back view, each of us will grow more mutual tolerance greater mutual tolerance, our society is pluralistic development and strength in all aspects of support.We know that for a country to do this step is hard, all countries in the worldDo this step is harder.But I think now the people of the world still have symptoms and confidence that, between each of us is this appeal can achieve such prospects.When the production technology can be enough to support that everyone can live a decent life, we have no reason to not develop breed more mutual tolerance and tolerance of the spirit, there's no reason why you cannot deeper mutual understanding, deeper understanding to us how to get along with each other in order to live better.Our democratic society can continue to deepen its connotation.Democratic society is not only "the minority is subordinate to the majority, the majority decides everything", the democratic system can continue to downplay its original inclusion power politics.As long as the "minority"
can breed the spirit of tolerance for minorities more broad, can breed system alert to guard against the "collective violence", be able to reduce the "unnecessary" "unreal" social political and cultural power, ideology, democratic society will become more broad.WeMutual forgiveness of mutual tolerance breeding will rely more on our mutual free Mu to realize instead of power politics!I think we could never do to eliminate individual crime, violence and brutality, collective violence, crime and war behavior, but we have no reason not to the eradication of mankind, which is the biggest risk, human conversely, we want to minimize thisThe greatest danger to human, that we need a personal effort tolerance.We can do this, then the so-called "sovereignty", USA Chinese "sovereign" ethnic "sovereignty" was no longer is particularly important, the really important only the people's sovereignty, everyone's sovereignty.Each of us still may live in different countries, was born in different ethnic groups, speaking different languages, with the diversity of culture and values, there is a variety of disputes and differences, however, because we are in the most important thing is the first common, then the people will continue to mutual forgiveness of second mutual tolerance, these different also will make people of this world not in constant mutual self, but constantly promote each other, the world will release more colorful and energetic light!This is I am a democratic society teaches us second good things.Violence, conspiracy, power in the barrel of a gun, revolutionary romanticism China dream indeed exciting, exciting, but it can only be a few outstanding figures can be world (up to also add "people's unfortunate poet honor"), in addition to the big things, but also have great luck.While the democratic society, but also wonderful, contest in the peaceful competition, by the effort to win the election, the ballot box power can also be a renewed enthusiasm, it can make more people realize their dreams, it also can dream more dream so that each person, it can make the most of each other's security do their dreams are not full of danger!It can also bring us together, the same can concentrate on doing big things, but rarely go against power politics, or to rely on more people mutual mu.It makes it no longer a large part of the waste energy on hate each other, conspiracy, strife, violence, war and excessive desire of greed, but put more energy in the quest for a better life, more convenient and scientific inventions of our life, jointly cope with the challenges of improving natural environment, to fight together in the boundless universe mystery breathtaking journey to the vast.
This is the fundamental difference between my personal Utopia and Communist Utopia: on the truth of the choice can only rely on the conscience and the spiritual freedom of every person, any ideal of Utopia we hope to rely on people to achieve freedom mu, it can only be random.We have no right to sacrifice today freedom of conscience for tomorrow's Utopia, we have no right to ask a man for tomorrow one hundred freedoms to sacrifice his freedom today.