Seventy years ago the discussion

 

Fu Guoyong

 

   What is the Constitution? In short, the constitution is the fundamental law, limit government power to protect people's rights, is the contract between the people and government. Mr. Sun Zhongshan as saying: "the constitution, the state constitution law, guarantee that people also." (" director") from the human in the modern civilization, from Britain's unwritten constitution to create a precedent USA written constitution, the constitution has been closely linked with the human political life. Even totalitarian countries often have to introduce beautiful constitution as the facade decoration. The constitution Chinese began in the late Qing Dynasty, "imperial constitution outline" (1908), Xin Hai Revolution ended two thousand years of imperial times, the winter of 1911, a generation of talent Song Jiaoren drafted the "Ezhou constitution", the spring of 1912 the Republic of Nanjing provisional government formally promulgated the "provisional constitution", marks the constitution into Chinese political life. But for a long period of time, Chinese just a constitution without constitutionalism, constitutional often exist in name only, just warlords ambitious decoration and their bayonets.

From 1912 to 1927, a short span of 15 years, Chinese had 7 constitutions or constitutional draft. The war which, hot water, on the one hand, the rights of the people is always equal to zero, constitutional freedom is just empty provisions written on paper, and some of the Constitution itself is full of contradictions. On the other hand, warlords, politicians are using constitution chairs, the political arena as a lantern like, 15 years have changed the 25 prime minister, the shortest but days. This does not include happened two times of emperor, restoration farce.

After 1927, the KMT's one party dictatorship, the original constitution are not, so Hu Shi in 1929 proposed the "what time we can have a constitution" the problem. Until 1931, the Kuomintang government had announced a "allocution politics constitution", in which the Kuomintang nanny, taking the people as the ignorance of young children, so one can imagine the "constitution". From the beginning of 1932, in the "nine one eight" after the refugee crisis, intellectuals launched a year long constitutional movement, set up some promoting constitutional civil organization, published a number of articles. The growing popular clamour, got positive response to the ruling Kuomintang, 1933 the legislature to draft constitution. It is in this context, in April 1, 1933, a veteran of the "Oriental Magazine" in volume thirtieth No. seventh "launched constitution issue", was published 17 papers discuss the constitution article, even the filler words and constitution. Even in seventy years later, these articles have discussed, the depth of have enough to let us talk today the shame, or shame.

   The subject begins with the son of Sun Zhongshan, when the legislation of Nanjing national government sun branch of "we need what kind of constitution" one article, is what the constitution of this problem, he put forward two principles: it must be suitable for our national conditions, the two must be suitable for our age need. Based on this principle, the Convention is only for our reference, constitutional expert theories of various countries should not be regarded as the golden laws and precious rules. He clearly put forward the "we need constitution, has not to individualism as the starting point of the parliamentary political constitution, nor to class dictatorship as the starting point of the Soviet constitution, we need the constitution is with the three people's principles of the five power constitution."

   As the system of liberal character, Sun Ke view indeed with the time traces of ideology. But more of the article is to stand in the height of the world, for many developed countries have made a profound research on the constitution, especially worthy of our attention today, one is their attention to personal freedom, they are two on the constitutional guarantee.

One, pay attention to personal freedom

   Constitutional expert Zhang Zhiben in the "problem" for the mission should draft constitution committee and the draft says, the drafting of the constitution "is to establish a support people to start strong legal power of freedom and equality". He will be the right of the people divided into negative rights and positive rights, that negative rights freedom is personal aspects (such as body, speech, publication, living, assembly, association, "absolute freedom), might as well make in other words, it is in the constitution to direct security." The direct protection of the constitution, is the legislature should be restricted by it, and shall also make a restrict freedom of law, such as the formulation of "the law" to restrict freedom of assembly and association, to limit the freedom of speech and of the press for "publication law", are in violation of the constitution. Positive right people including people's working class education right under special protection, such as the right to.

Qiu Hanping's "right about people's constitutional provisions on" thought, "people's rights" in the constitution of a chapter is "the constitution," center of gravity "in law and order and destroy the China up to the pole, our 'right' already deprived without missing. Don't live without security, everything is no guarantee. This is a fact, not to be denied. We should study how to protect the rights of people, will not pay attention to this fact." He pointed out that, not the constitution had no human rights, "the survival of right is the first constitution existence", "human rights are inherent", the purpose is to limit the power of the ruler to the guarantee of human rights. He criticized the provisional constitution of the Republic of published, although the provisions of the basic rights of the people, but the wrong law meaning, the constitution as the source of people's right, must be a God created the heavens and the earth in that tone. Sixth of them in the regulations of the people's rights, there are "not according to the law" should not be restricted, deprived of the suffix, the so-called "not according to the law" is the significance is unknown, it is very easy to master the power of a despotic opportunity, this law loopholes, if human rights as long as the ordinary law to the legislature enacted. It can easily be cancelled, the common law is not higher than the Constitution? These fuzzy words in fact for power provides a deprivation of rights according to the. "The Public Security Bureau will often be innocent students detained more than four or five months, the garrison command is also often the ordinary people detained or shot", the "million to see" based on the fact, he put forward in the UK, America already effective, protect people's freedom of body "body appearance". "No matter what freedom restricted stop or deprivation, himself or others may request the court to the appearance in twenty-four hours trial, if the court thinks without justification, should court released." "The court has issued to the appearance of privilege, not by any law to limit or stop the." These are included in the seventeen standards should pay attention to his proposed constitutional, furthermore, the provisions of the people's fundamental rights countries have the right to limit can be only as in the constitution, but must offer limited standard and. As long as it does not violate the spirit of the constitution, the people enjoy the enumeration in the constitution, freedom is not. Such as "not to legislative methods of people; the law shall not have retroactive." Such as "civil servants deliberately violate the constitution, he shall be sentenced to life imprisonment." Such as "officials for the people public servant, non partisan commission service".

The son of Wu Tingfang Wu Zhaoshu to the Constitution Draft Committee consultant qualification wrote a letter to Sun Ke, the title "to safeguard the people's freedom" published on this topic in the procedures. He said, "the biggest goal, to work for the well-being of the people, for the people's well-being, nothing is more important than the protection of the rights of freedom of the citizens, safeguard the rights of freedom of the citizens, Youmo heavy security people's freedom of body." So, he solemnly put forward legal "physical appearance". He said, "Western words: procedure law should especially in the substantive law". If the security of relief procedures (or program) did not have, and talk about what principle is of no use. The constitution should stipulate the remedy of human rights. The editor in the editor of a petition on behalf of the people "is the."

Qiu Hanping, Wu function invariably put forward "physical appearance", "Oriental Magazine" editor Shi Guogang think words especially outstanding, deeply "the people have no freedom, this is a very painful thing." So specifically in April 16th with the publication of the "Oriental Magazine" published an article "" physical appearance "research", from the point of view of its origin, history, discussed the "physical appearance" the Anglo American legal safeguard people's weapon. He believes that "physical appearance" and the jury system, "this is the wisdom of mankind can think out the most effective method against tyranny". But he also pointed out, the Constitution if only "physical appearance", is not what effect. "About the approval procedures, methods, how to make the judge accepted the request, how to make the prison official orders, if not his shift was imprisoned, not to the legal jurisdiction, should have detailed provisions. Legal network can not have any loopholes, otherwise there is no way to avoid, make effect. And the most important, there is such a provision, judges must be independent -- not nominally independent, but is in fact independent. The judge went, was appointed to the executive; it can exercise its duty? This is very obvious, slightly know various political person, can know." At last he clearly pointed out: "a people's rights, this is a matter easily; the difficulty is how to make people fully enjoy, his rights." He put in seventy years later is still no failure. Seventy years for an individual life, may be a long life, in the lives of the nation are really flower briefly as the broad-leaved epiphyllum, about seventy years ago on the intellectuals of personal freedom, they diligently strive after rights is still a zero. Histories so far, not sad husband?

Two, on the constitutional guarantee

The light has a good constitution perfect is not enough, how to ensure its implementation, it is the key in the key. Qiu Hanping quoted as saying in the "discussion" Zhu Zhixin provisions about people's constitutional rights in the constitution, is the people's blood in return. Britain's unwritten constitution, every word is bleeding for. "No blood for the constitution, no matter how the system is complete, it is equal to the effect, no security effectiveness." The protection of human rights the way the past but two, one is a revolutionary way, two is the punishment. Revolution is the last method of protection of human rights. The people rise up and overthrow the tyranny is right, this is the so-called smell Mencius, kill a husband Zhou Yi, also was the regicide! However, more often, human rights is dependent on the sanctions to guarantee.

Wu Songgao "on the China constitutional problems several opinions" points out, "but notes the Constitution itself has no power, must the constitutional and abide by the constitution, it can occur." If you think that "as long as the constitutional provisions of fine, rich in content, can make the Constitution Act, political so clear. It is really take the constitution as the most politically universal thing." He thought the constitution, "the most can not be ignored, than the spirit of the constitution has always been to, need, so as to cause national attention." At the same time, he advocated instead of using steel constitution, as the flexible constitution. "Only to give up 'the constitution as the Yichengbuyi law' wrong ideas, a predetermined appropriate to amend the constitution procedure, so, the constitution exists, not only harm to the development of the times, and can use the amendments to the constitution, the political function more complete, and more change a constitution, constitutional interest for the people, and law abiding spirit can also increase a point."

Li Shengwu in the "constitution" that guarantee, the British constitution is the unwritten constitution, is composed of a variety of liberty records through Congress the court case, law, political habit, and common law. British speech, association, freedom of long-standing belief, not the first constitution, then the freedom, the famous bill of rights was summarized on human rights has always been court litigation cases and recognized human rights together for the regulations, it is these rights will be "folded up". Unlike European countries to have the provisions of the constitution, and then have the rights conferred. Since human rights from the case and habits to, has become the common legal right, stop not at any time. Secondly, the strict distinction between no constitutional and common law of England, both the administrative officials or common people have equal legal protection, the same applies to a law. Within the framework of the law, the officials and people, by the people and for the people, equality. Administration officials even in performing official duties when, also their own responsibility, "the protection of human rights of administrative infringement of the natural fear."

The UK is "parliamentary supremacy," the power "can almost be said without any restrictions". Fortunately, the parliament elected by the people, the term is not long, so the British constitution on the fundamental problem depends on the people, the British autonomous rather than being governed by fixed constitution. Li Shengwu also points out, British constitution is not flawless, if can the fundamental law modification more cautious, as distinct from general modified ordinary legal procedures, while adding a parliamentary bill can be declared invalid program, in order to prevent the parliament bossy, it is helpful to the British constitution.

As for the USA, written constitution in the supreme position, not the legislative, administrative organs of any damage, the Supreme Court has not only protect the constitutional right to interpret the constitution, but also to expand its utility power. The Supreme Court in the constitution of this status, no other organ to be pinned down, Li Shengwu think this is American system itself flawed.

After cited Britain, American precedent, Li Shengwu did not know that how to be possible in the Chinese constitutional guarantee. Wu Fuzhi's "the Constitution and the constitutional court" is more clear, direct the conceive of the constitutional court. He said, since the Republic of China, which a constitution (constitution) no provisions of the basic rights of the people, but because people have no can appeal court, law effect is equal to a mere scrap of paper. Published by the Kuomintang government promulgated, the restricted publishing harsh, almost all law provisions and freedom engulfed to work. "If the administration can be arbitrary deprivation of the rights of the people, in violation of the constitution, the legislature and the right to determine its rules and regulations, to deny the validity of constitution; like the constitution, there is no much relationship." Since this sentence almost caught since the constitution of modern Chinese, why the constitution only written on paper to point.

He said, all the behaviors of civil servants, whether it is on the basis of laws enacted by the legislature or administrative orders, all should be subject to judicial sanctions. With the regime of civil acts, if there is a violation of the constitution of the suspects, the ruled people can report to the judicial organ. Judicial control is the only guarantee of human rights, constitutional law. Britain has no written constitution, not the problem, in most other European countries have admitted the judicial organ to sanction the unconstitutional act, the only difference is that, in some countries the unconstitutional cases shall be under the jurisdiction of the general court, some countries are particularly the establishment of the constitutional court, specifically to hear constitutional case. The two systems are different, but the judicial control of constitutional spirit is consistent. American constitution despite the absence of a "judicial review" expressly, generally recognized principles but the constitution, and has been pursuing not disobey.

"The constitution, all depends on he has no authority to execute, especially to see him there is no judicial organs to control the event." The author thinks, if in the constitution, sincerity to make constitution does not become waste paper, "most important problems in current constitution, is the creation of a 'Constitutional Court', specializing in hearing the constitutionality of the law, and administrative or military authority to violate the constitutional guarantee of the rights of the people of the case. The Chinese of rule of law, to China society no longer such troubles, have to have a 'Constitutional Court'!"

This is seventy years ago, constitutional expert voice, unfortunately "Constitutional Court" is still insubstantial objects.

Although scholars voice is not without repercussions, at least to be reflected in the draft constitution at the time of the. Later, Qiu Hanping in the "several opinions" to refer to the constitution draft, "the previous constitutional law, do not pay attention to the protection of constitutional law. This draft constitution as a specific report, very detailed provisions, which features." The interpretation of the constitution, constitutional matters out whether to set up a special court, there are different opinions of scholars, experts (such as in this is not in favor of the establishment of the constitutional court). Draft constitution was taking the tradeoff, which take Germany, France and other countries of the Anglo American system, with the spirit of. In this regard, Qiu Hanping said flatly: "this is the essence of national legal drafters can take without the previous constitution."

Prior to this, the draft constitution established in 1919 has provided a special meeting of constitutional interpretation problem is composed of legislation, judicial chambers heads. Article twenty-eighth of the Constitution in 1923 published by the provisions of the Supreme Court has the power to make a constitutional adjudication in conflict with national law and the provincial law. After this, the constitution promulgated in 1936 the provisions of the draft, the law is unconstitutional, as explained in the six months by the supervision institute submitted to the Judicial Yuan, but the draft did not make clear a regulation is the Supreme Court subordinate by the Judicial Yuan or other special courts to explain.

   Incidentally, if not to calculate announced in 1949 the provisional constitution of the "common program", since 1954, China has had four constitutions. The current constitution was promulgated in 1982 also have been revised several times, but is there a way never changed, the Standing Committee of the National People's Congress always has the implementation, interpretation of law, including the supervision of constitution authority. This indicates that the NPC Standing Committee has the guarantee function of constitution, can revoke all unconstitutional laws and administrative regulations, orders etc.. But in real life because of lack of personnel of National People's Congress, mechanism, system security and other reasons, it

And not a very good perform these functions, to interpret the constitution, supervise the implementation of the constitution of the function is not fully realized. How to effectively safeguard constitution implementation, there is still a long way to go.  

 

Three, supervision and administrative jurisdiction

Discussion seventy years ago in the constitution, Gao Yihan, Tao Tiannan the two scholars put forward supervision and administrative jurisdiction of constitution.

Gao Yi Han's "constitutional supervision problem" one article, very frankly charged defects was carried out supervision system -- heavy after the impeachment, and ignore the ex ante supervision. He said, if the school is only ex post supervision organs, not exercise prior supervisory power, supervision power is only the power of impeachment. He further pointed out, "if you say: Today supervisory authority exercised by, is China from Qin and Han Dynasty censor to monitor the power, so, the supervision power of interpretation, not so narrow. Because of the very large Chinese censor, power". Even in the Qing Dynasty, censorate privilege also includes a suggested political right, impeachment, administrative right, right, right of defence officials wronged, refuting edict congruent ten. The author of "evolution" political scientist Chinese censor system of a book to witness history, that past supervision can not only monitor the law within the scope of the things, can also be supervision within the scope of moral thing, not only can impeach the crime to already became a fact, can also be impeached crime before become fact. Supervision is not in accordance with the rules of history, to the expansion of the infinite, but the addition of impeachment, the institute should also know the status of the appointment and removal of personnel administration, administrative offices, as well as the evaluation results by chance. At the same time, the control yuan if only the impeachment trial, not just "impeachment, half", he advocated the impeachment trial right belongs to the control yuan.

Administrative litigation should be trying to stop in the General Court of the judicial organs? In other words, whether the constitution should stipulate the administrative law in the common law? Administrative court in the ordinary courts? This is focused on Tao Tiannan "the constitution of administrative trial". He thinks, the administrative judge to have a business organization and implementation of knowledge, experience, and familiar with the actual needs of the official. While the ordinary judges often lack the experience and knowledge. Judicial judgment according to the provisions of administrative law cases often, and not according to the code, this is not an ordinary judge can do. He advocated the establishment of administrative court. That the administrative court and safeguarding the people's rights to the French Dali Institute is far better than the country, it is the French intellectuals matter of pride. To this end, he refute the classic "British jurist Dicey's constitutional spirit" in the attack on the administrative adjudication system, hope that the constitution people don't be Dicey's theory.

In the institutional framework of that time, scholars have made these thinking has reached a considerable height. Their point is from constitution, either in advance or afterwards can effectively supervise, restricting administrative officials as, also is the formation of a healthy balance of restricting power with power. As everyone knows, no binding power will inevitably lead to corruption, the constitution should establish some basic norms, procedures, used to restrain administrative power, this is self-evident. Therefore, to explore the supervision and administrative trial has considerable significance.

     

                         Four, the Constitution and the education popularization

   He Bingsong's "national education and the" one article is not directly tell the constitutional issue, he thinks the popularization of a basic condition is based on the modern world is education, do not have this condition, it is the O Xianaki of Great Britain, the petition of right, the right code, the French human rights declaration all copied from the promulgation, too be of no avail. He asked why Western to freedom and equality Chinese will lose one's beyond recognition, has become a sharp problem do evil. His answer in the national education.

"National education, will occur personality self-esteem; personality self-esteem, to appreciate the true meaning of freedom and equality, not she Qiurong, unyielding in unreasonable and......."

He clearly pointed out that is a "can not be non rail" of the times, so that he will save China, "apart from the constitutional, will rouse oneself to catch up, the popularity of national education, is the only way."

In fact, the relationship between education and the constitution, is the first universal civic knowledge. For a long time, the lack of civic education is one of the biggest regret China education. He Bingsong's article did not say clearly, he said, the national education refers to the general education, but in the ordinary education, civic education in primary and middle school students is unavoidable. The popularization of education, from the basic meaning is to develop citizenship, also is through education to cultivate the students to self-reliance, autonomous knowledge, ability, particularly important is the cultivation of students' ability of independent thinking, of cultural knowledge to students, especially the personality education, education of constitution. In recent years, many experienced the vicissitudes of life of the intellectuals, such as the recent death of Mr. Li Shenzhi, as Mr. Zhong Peizhang put forward the problem of citizen education. From this perspective, He Bingsong seventy years ago about the popularization of education for us today is not bad.

In the "Seventeen article constitution from" at least seven of the article is about the foreign constitution, such as the history of the country key link "America constitutional background and characteristics of Zhang Mingyang", "Spain's new constitution", Ye Zuozhou's "the Japanese constitution characteristics and the present political influence", Zhang Liangren "the German constitution study", Zhou also "the post-war Europe to the legislative power of the state and the executive power fluctuation" etc.. These articles from different sides made a in-depth study on the constitution, it is not difficult to see that seventy years ago Chinese constitutional scholars eyes wide, vision far, and their thinking, observation Chinese constitutional problems of high starting point. Especially their views of the constitution of the Soviet Union is more worthy of review.

From the UN High Temple of the sun around the far corners of the Hu Yuzhi, didn't really have a glimpse of the former Soviet Union the true face of Mount Lu, so the sun will say: "the Russian constitution is the product of labor class after a successful revolution, which is composed of the working class at the expense of cranial blood for it, so it is established. Distinctive regime labor class dictatorship, so absolute security working class interests." Had the reporter to interview Hu Yuzhi Soviet Union will write "copious and fluent Soviet political organization" one article, sing the praises of the new political system, without a word of criticism, read today may feel childish, but he was completely sincere. Later, Zhang received in the "constitution of the Republic of China draft opinion" in that "the Soviet Union Communist state constitution, especially special recognition of the true freedom rallies. We can see the social progress, and to the freedom of the people is more and more strictly."

But Zheng Yungong in "the new constitution" the post-war Europe to the first festival "Russian constitutional fundamental thought", see through the essence of the Soviet system, which he called "the proletarian dictatorship and peasant" --

  "In fact only a small part of political people use, but for the interests of the people and the use of. Although not yet fully implemented, the red party the right situation theory, regime, in fact limit, is greater than the limit by the constitution. Those against the government, whether for class labor people or no public power, are severely out of. Therefore the current Soviet dictatorship, non proletarian dictatorship of the Communist Party, and.

Thought the Russian constitution, for he owned very effect, especially after the great war years greater influence. Red party efforts to publicize its doctrine, it is necessary to resort to force. The invasion of Poland and the Baltic, one in Finland and love Sonia established the Soviet system, and to merge. While these countries struggle for national independence, he can refuse the Soviet system."

Zheng Yungong's judgment was made in 1933, from before the demise of the Soviet Union and more than half a century, his insight across the vast fog of history, through the surface phenomenon of numerous, saw its disadvantages. A system Jizhongnanfan, in the end even if want to change too late. Considering that time, Sun Ke, Zhang Zhiben, Hu Yuzhi and their political backgrounds are different, their views on society have little in common, but to the constitution of the Soviet Union have expressed similar views, this can not be surprised, but also enough to let us sit up and take notice of Zheng Yungong.

 

Five, after the publication of the draft constitution

Discussion on the constitution, let the editor was not without regret, "the Constitution on the livelihood of the people question -- survival rights, labor rights are lacking." Originally Peiping scholar Chen Qixiu letter notice "Oriental Magazine", he wants to write a "social economic failure Chinese constitutional movement reason", related to people's livelihood problem and the constitution, but not duly arrived.

After the draft constitution was published in July 16th, "Oriental Magazine" volume thirtieth No. fourteenth had published two reviews: Luo Dunwei "draft constitution draft review", Qiu Hanping "several opinions" for the constitutional draft.

Luo Dunwei's criticism of the draft constitution from four aspects, one is the lack of social base. Although the draft of the "right to life", "right to work" have some provisions, but for social welfare, the right to strike and the right of labor content is not mentioned. As for the occupation elections working people especially in the protection of the law, without a word. He believes that "the law recognized freedom of contract, then , workers' strike does not act 'requirements, also can not be regarded as legitimate." Two, forget the people's livelihood. He pointed out that the draft only emphasis on nationalism and democracy, and forget the people's livelihood. In addition to the provisions of a draft "land system" four words and prevent waste or centralized, about the land system content without a word said. Social welfare, special provisions of the working people are the lack of. Three, he criticized the draft is for a non production constitution, only know the surface good article, is how to write the number, and the actual relevant major 'production', but little attention. For example, people should have the right to life, right to work, the right to education......". Although the central, local have established Economic Council, but a very elastic, two power is too small, just a suggestion organs, even plan, review powers are not executed, not to mention. Is the establishment of what also have no authority. He thinks at least to listed as a Special Economic Commission, the expansion of power, is not only the design, inspection agencies, and should be the executing organ. Four, ignoring the underlying infrastructure. About people's organization only the minimum to counties and cities so far, ignored the city, town, township. Five, he pointed out the contradictions and deficiencies in the draft itself, such as the draft provisions, in accordance with the law, the exercise of the election to recall initiative, referendum rights, and provisions on the other hand the people's all right by the four national assembly to exercise. This is stultify oneself. Such as delivery referendum law, how complex decision procedures, and no clear rules. But in fact the Legislative Yuan if arbitrary cannot limit, the so-called referendum will become the bubble, but the article itself also in contradiction between. In addition, there are many defects such as the draft, agricultural policy and industrial policy is very detailed, but did not mention a word. If the legislature, the executive yuan when necessary, can dissolve? The president and Premier League with responsible, if how to handle conflict politics,? How to active duty military restricted in the election? And so on, are not specified.

Qiu Hanping lashed out at thirty-eighth draft regulations of the people's various restrictions on freedom, to "maintain public interests or avoiding urgent danger necessary limit", what is "to maintain public interests" is far from clear. He pointed out that "pierce to the heart of the matter, in accordance with the provisions of the existing constitution, the constitution is released, Chinese rights is still a zero. For example, publishing law, endangering the Republic emergency penal and so on can be excuse thirty-eighth reasons exist!" He believes that "the law is made to treat with, rather than business administration of this deduction, this not for the people's suffering and correct the mind of the young, with severe law rope, desire national treatment, is planting trees cut root. At all times and in all countries, no country has had a severe law."

November 1st, "Oriental Magazine" thirtieth Vol twenty-first, also published a "knowledge of the constitution of the Republic of China draft opinions", the experts drafted constitution proposed many ideas in this article, some even read today is enough to striking. In view of the lessons of the war since the Republic of China, he proposed, in order to prevent the obstruction of civil rights warlord politics possible revival, should check erroneous ideas at the outset, a ban on military political meddling in the constitution, as the administrative heads of state regulations limit the military, "soldiers from the National Command defense problem outside, not comment on politics". As for the restricted military elected executive heads of state, all have no precedent, but because Chinese several chaos, mostly by soldiers when the president or the presidential position and cause. Therefore he also listed six reasons.

 

As Mao Zedong's trip to Chongqing in 1945 found, under the reign of Jiang Jieshi Chinese, "the implementation of authoritarian strength little, like the dust can be eaten." This is not what secret, at least in 1949 before the China, intellectuals still have a free discussion, freedom of thought, the possibility of free speech. It is not outright dictatorship by Jiang Jieshi. Since the Jiang Jieshi democracy without gas, dictatorial no guts, "no way", neither in the democratic people, nor to dictatorship to consolidate their power, both sides is not in place. Then he lost continent is no surprise, Jiang Jieshi's failure was the first half of the twentieth Century China civilization left a vitality. 

Even the great scourges like Communist Russia, scholars must voice is very loud, and the Kuomintang authorities did not prohibit these remarks. In seventy years we may feel strange. In 1933, the intellectuals on the constitution discussions already drowned in the historical dust.      

 

                                                         2003/5/27 - 28 Hangzhou