In 2013 08 months 21 days 17:08  People's Forum magazine 

Http://news.sina.com.cn/c/2013-08-21/170828010627.shtml

AbstractThe implementation of constitutional politics is Chinese Communist Party after 60 years of arduous exploration, paying a huge price conclusion. Only practice the rule of law, the establishment of effective constitutional politics, it may really out of control of historical cycle rate, completely solve the long-term ruling of our party and national long period of stability of the system and the system. The implementation of constitutional politics and the leadership of the party in opposition, is very wrong. But the constitution governing, not constitutional ruling, which will not only undermine the rule of law, in violation of the party's basic line and policies. Not only do we have to talk about constitutional government, but also the construction of constitutionalism, to build a more superior than the capitalist constitutionalism constitution of socialist political China characteristics.

　　Key word Constitutional politics historical periodic law ruling

　　Question: how to break through the problem of historical cycle rate

From ancient to modern times, the history of human development, any future regime was founded, regardless of the feudal emperors or the bourgeois government, or socialist regime like "long live", hope to long-term and even not stand forever. This is the political philosophy of "Goldbach conjecture": human beings have no possibility of creating a strong regime, to ensure that the "Jiangshan existence, unaltered forever"?

Long before the new Chinese was established, the problem also pointedly put in front of the Communist Party of Chinese. Many people are familiar with the 1945 Huang Yanpei and Mao Zedong in Yanan about the historical cycle rate of the famous dialogue. Mr. Huang Yanpei said: I was born more than 60 years, hear not, the saw, the so-called real its Hing also, Yan dying suddenly, a man, a house, a group, a local, and even a country, many units are not able to escape the cycle rate of power. When the first concentrate one's attention on, there is no need of the heart, not a person is not hard, maybe then difficulties and hardships, only from the dead in a lifetime looking. Then the environment gradually improved, the spirit will gradually down. Some because of long history, natural inert attack, by a few acting for the majority, to conduct form, despite the strong, can not be reversed, and cannot be remedied. Also in order to expand the area step by step, it expands, some for the natural development, some exploits to demand driven, development, to the cadre talent gradually impoverished, difficult to cope with the increasingly complex environment when, back up, it tends to be weak control force. A history, "the idle Huan" also have ", that" there, "glory of humiliation" also have. In a word can not jump out of this cycle rate. The CPC members from past to now, I have to understand, is hoping to find a new way to jump out of this cycle, control rate.

Mr. Huang Yanpei is very curious how the Communist Party of China face, answer, solve this eternal problem. Mao Zedong after listen to, have a well-thought-out plan replied: we have found a new way, can we get out of this cycle rate. The new road, is democracy. Only allow people to supervise the government, the government would not dare lax. Only when everyone up responsible, don't renwangzhengxi.

At least from the start, Chinese Communist Party and every generation of collective leadership have been thinking, exploration of this important proposition: how to create a can jump out of the historical cycle rate dominated regime, the implementation of the party's long-term governance and national long period of stability.

In 2004, the Fourth Plenary Session of the sixteen proposed again: "sharp proletarian party seized power control regime is not easy, especially long-term control regime more not easy. The ruling status of the party is not innate, not put things right once and for all. We must be vigilant in peace time, strengthen the sense of hardship, deep draw on some of the world's ruling party promote decline success or failure experience, more consciously strengthen the ruling ability construction, always for the people hold good politics, power well." To improve the ruling ability, can solve the problem of one thing, but to get out of control of historical cycle rate, completely solve the long-term governance and long period of stability problem, also must start from the system and the system.

At the end of 2012 12, the CPC Central Committee General Secretary Xi Jinping visited the central committees of the 8 democratic parties and the all China Federation of industry and commerce, in the conversation, the Secretary General once again mentioned in the Huang Yanpei and Mao Zedong in Yanan about the historical cycle rate of the dialogue, that it has to Chinese Communist Party are good mountain and warning. The general secretary to the historical cycle rate, is to let the party do not forget the lessons of success or failure from ancient to modern times, find a system and the system can be long long jump out of the historical cycle rate control, ensure long-term security the party's long-term governance and state.

Since ancient times, from 1945 to the present, this proposition has been repeatedly. But the correct answer in where? The historical experience and lessons of at all times and in all countries, the political, economic and other multi angle analysis of research, we can draw a conclusion: only practice the rule of law, the establishment of effective political constitution, namely constitutionalism, it may really out of control of historical cycle rate, completely solve the long ruling party and national long period of stability of the system and the system.

　　Constitutionalism, rule of law sense more fundamental than democracy

The so-called constitutional politics, is built on the basis of the constitutional politics, can be referred to as the "constitutional" or "constitution". ③ regardless of that, the constitutional politics or "constitutional government" has a special meaning. The author published in 2009 "about democratic constitutionalism rethinking of the relationship between" one article, it discusses the three major concerns: first, any constitutional government, regardless of whether any leaders elected, in any case, it must accept the constitutional and legal constraints, accept supervision, not abuse of power, not corruption, i.e. implementation of the "rule of law", the power under the law to go inside the cage. Even a democratically elected government, its behavior is also subject to rigorous supervision and restriction. People often put too much trust in a democratically elected government, it is easy to unlimited authorization, and reject any external supervision, the supervision how elected governments, to ensure it does not corrupt, not abuse, to prevent the elected government transformed into unlimited government beyond the constitutional law, will become the primary concern of constitutionalism.

Second, the constitutional government not only requires the government power must be limited, but also requires the allocation of state power must be scientific and reasonable, coordinated and efficient. How to configure a variety of state power, how to set up national institutions and the relationship between should be what kind of relationship, these should be scientific problems. Any country, must have one of the most suitable for the national conditions, history, customs, natural condition, geographic and economic conditions of the political system, the constitution, the task is to find the most suitable system. Law is a science, political science should be. To make the constitution should also be scientific. The visible, constitutional in addition to emphasize the "rule of law", it must be scientific and political, is "scientific governance". Generally speaking, constitutionalism is combined with the "rule of law" and "scientific management".

Third, although some people do not participate directly in the government, but the state must guarantee the basic human rights, freedom and the basic rights of people to a certain extent.

Constitutionalism is initially generated in the uk. In 1215, the British made "Great Charter of liberty", by some scholars as the origin of the western constitutional government in Britain and. It was the main purpose is not to democracy, let the people to elect the king and his government, but to restrict the king and the power of the government. Therefore, before the democratic and constitutional. Strictly speaking, can say, until today, the British had not realized fully democratic, heads of state, heads of government is not elected, non voters directly elected, but the constitutional government has set, already formed government under the rule of law, human rights are respected and guaranteed.

Historically, authoritarian governments are easy to abuse of power, but a democratic government may abuse power. The elected government and its leaders may carry the weight of public opinion, contempt for the law, its logic, law is nothing but the deputies to the National People's Congress (parliament) of creation, and the elected government is the people's own direct "birth". Is the law, or the elected leaders of higher? Of course, is elected leaders people directly elected than people indirectly through their representatives made law has more authority. Therefore, a democratic government may do as one pleases, if there is no strong legal supervision outside, the elected government and its leaders will be above the law, corruption and tyranny. In this sense, constitutional concern with democracy, but pay more attention to the supervision of democratic government, emphasize system to restrict the democratic government and its leaders.

This is the philosophical foundation of constitutionalism and the basic logic. Although any political system needed by people to operate, the operator's quality, ability and moral and political quality of the relationship, but the constitutionalism is more interested in, whether the political power by supervision due, design of the entire political system is scientific and reasonable. No matter how good the electoral system cannot guarantee to elect people must have both ability and political integrity of the best, the most appropriate. It is the function of the constitutional government, even in this situation do not worry, no matter what kind of people power, power limits are impassable constitutional and legal regulation, should be performed in accordance with legal version. The eye is covered, regardless of who is in the position of authority, regardless of whether you're elected, constitutional law to supervise you, bound to you, let what you cannot do as one pleases.

The most ideal regime is of course both constitutionalism and the rule of law, and democracy, such a system the most solid, the strongest earthquake, is the longest; second is the only democratic constitutionalism and rule of law, less; again is the only democracy without constitutionalism and rule of law; the worst thing is, no democracy, no constitutionalism and the rule of law. That is to say, a country of democracy can be flawed, "deficit", not perfect, but without constitutionalism and rule of law, not a "constitutional government deficit" and "the rule of the deficit". The lack of constitutional government, the rule of law is much more serious than the consequences of the lack of democracy.

The Constitution and the constitutional law should focus on democracy, the pursuit of democracy, but should not take the constitution, constitutionalism and democracy these conceptual confusion together. Political science to study power where it came from, attention to democracy, constitutional law also should be concerned about the power is granted, - granted or people award, concerned about the origin of the problem of democracy, but its main mission is to guarantee the scientific configuration and human power technology, power of supervision and restriction of power, should be studied and right knowledge is power, scientific configuration, power supervision and protection of human rights theory. Constitutional law and political science should cooperate, rather than to study democracy, ignoring the study how to supervise power, standardize democratic.

Democracy is a necessary condition for national long period of stability, but not the only, sufficient conditions, democracy is only combined with the rule of law, the constitution form the political, constitutional, to jump out of the historical cycle rate control, realize the route one must take regime "long live". There are four main reasons. One is through the constitutional construction, power firmly bound within the Constitution and law, and provide clear rules of power operation, to avoid the power to become a runaway horse, harm to others, cause the regime of self disintegration. Two is the construction of constitutionalism, people can change the government through constitutional means, without having to resort to violence, the institutional, legal supreme power replacement, repair, replacement, the regime can be self perfection, self renewal, and always maintain the vitality of the objective. The three is the constitutional protection of basic human rights. Under the constitutional government system, national respect for basic human rights, the people have full rights and freedom, the people and government interaction between healthy and harmonious. The four is the constitutional government provides channels and methods to solve all legal disputes, put an end to the violence, the private relief. Look from the history, the fall of the regime is the main reason of the civil war. The main and the outbreak of civil war is a fair and reasonable solution cannot be obtained because of the long-term conflicts of all kinds, finally led to the civil war. The reason why these contradictions and disputes can not be fair and reasonable solution, because the country is no law, everywhere defy laws human and divine, or the law but the law itself is not fair, or legal equality but there is no way to obtain the very good implementation, people can only self relief, violence is inevitable. Therefore, the legal system and mechanism must be established a set of fair and reasonable, the contradictions and disputes, all kinds of political disputes, are incorporated into the legal track, so that it could achieve sustainable landscape solid, regime.

　　"A nation, a constitution, a destiny"

The ancient feudal regime is clearly not be able to solve "the Hing also rate period, Yan dying suddenly". No matter how wise monarch, regardless of I and his successors how competent, whatever his government to be clean, and ultimately have no way to break the "A man lives with his work., that" the curse of. To Chinese history as an example, from a clear written history began, many dynasties have only a few decades, one hundred years of "life", can be more than 200 years, only Han (426 years, divided into the Western Han Dynasty, the Eastern Han Dynasty, the Song Dynasty (319 years), the Northern Song Dynasty, the Southern Song Dynasty to Tang (289), years, including 21 years of the Wu Zetian administration), Ming (276 years) and Qing (268 years) of five dynasties. When these dynasties are more than 200 years, have entered the end, coming to an end, the historical cycle rate in attack, signs of decline has been very clear, until the last fall, crumble, was a dynasty replaced.

A very cruel fact is, "rich country" not necessarily "strong". Proof of two thousand years of the history of the world economy, China's total GDP is long the world first, but we are not able to go into the "rich" hard power state, not "strong", did not solve the problem of historical cycle, the reason is not in itself, but a problem of politics. Last Qing emperor 50 years (1861 to 1911), the total GDP China still among the highest in the world, especially in the wake of the second Opium War, the Qing government carried out the Westernization Movement for more than 30 years, the national strength increases, the total GDP still ranks the first in the world second, is Japan several times, but in the Jia Wu war failed.

The state economy is the flesh and blood, not flesh and blood, is not. Constitutionalism and rule of law is the national skeleton and neural network. No constitutionalism and the rule of law, the state has no skeletal support, there is no ideal value, political order, social anomie, rampant corruption, is a pile of messy, trampled upon the flesh! With no legal order, the country can be a disaster. Because it is not rich in rule of law or the rule of law is not perfect situation to obtain, no order, no fair; in addition, richer, more conflicts and disputes, if the law can not solve these contradictions and disputes, it can only be solved through violence. History has proven time and again, no matter how wise emperor, no matter what the wise ever-young of palaces and tombs, no matter how strong build, no matter how rich GDP countries, no matter how high (even the first in the world), ultimately unable to jump out the domination of historical cycle rate. Chinese feudal regime can not solve this problem, on one hand there is no way to realize the organic unity of the monarchy and democracy like Britain, we dare not develop democracy, is not willing to the construction of constitutionalism and rule of law, is the natural result of death.

At the end of the Qing Dynasty, the rulers had instinctively tried to jump out the constitutionalism, domination of historical cycle rate, but did not succeed. The constitutional reform in why eventually ended in failure, resulting in the death of a broken? Not the people and history gives no chance to the Qing government, the opportunities are many, the main cause of failure of the Qing Royal family and the government delayed reform, to establish constitutionalism, be of two about muddle with one's duty, passive, opportunity loss of constitutionalism constitution again and again, let the "constitutional moment" in their own hands missed. To realize constitutionalism is to save the last straw, determined action, already too late, the outbreak of the revolution has been unable to avoid. If the Qing Royal family and the government to actively promote constitutional, from top to bottom go to, not let people from the bottom up force, it very likely constitutional reform success; if the Qing Dynasty imperial family and government decided, strong willed and clear, eliminate all interference, leading the whole process can be successfully established constitutional constitution, constitutionalism, state not split perish, territory, sovereignty will not decay. Has been in a Chinese East Japan, mid nineteenth Century against the Western powers in the same circumstances, can rise rapidly, has entered the ranks of great powers, the main reason is that in the first Asian formulated the constitution, established the constitutionalism, constitutionalism constitution, smoothly completes the constitutional transformation.

At present, the world's oldest political system is the "Glorious Revolution" in 1689 the establishment of the constitutional monarchy system, has been running for 324 years. In this 320 years, the British had no what the civil war, realize the long-term peace and development. A system can continue to apply for more than 300 years still to run well, a country can be more than 300 years not to fight in the civil war, was a political miracle! Why can be so, because the establishment of constitutional system, provides the running rule of legal political, and any disputes can be fair and reasonable solution through the rule of law. It is precisely because of the established the constitutional, political system completely solves the problem of Britain, to be in the "security", quickly embarked on a road of aggression, to occupy the overseas colonies. A native of only 240000 square kilometers of Western European country, can occupy world 33500000 square kilometers of land -- the equivalent of 1/4 of earth's land, and almost all of the marine channels (open a map of the world, we will find that, most of the islands and the sea channel are British name).

America developed history also proved this truth. American second capitalist constitutionalism country. From the North American continent in 1787 13 independent countries (State) more than 50 representatives to develop today's USA constitution in Philadelphia, constructed with USA national constitutional system. [11] the constitutional system has existed and successful operation of 224 years, 200 years increased by only 27 amendments to the constitution. In a short span of 200 years, USA leap than all other countries, continue to enter new areas, to increase the population, gathered the best talent in the world, with the most advanced high-tech world, is the world's largest economy, has the history of mankind the most powerful forces, military or military presence in more than 70 countries. After compared with the British constitutional establishment 300 years so far, not to fight the civil war, USA constitutional country for more than 200 years, there has been only one civil war. But only in the past 60 years, American in overseas has played 170 times and. Not to say that outside the war is good, but that American can move, consistent foreign, because America in the early years of the Republic had "security", established in accordance with the American situation from our constitutional system, beginning to be completely solved the problem of system. "A nation, a constitution, a kind of destiny", in the American view, USA constitution to USA brings good luck. 12.

The Anglo American countries are able to bourgeois party in power for a long time, the national long period of stability, [13] is because the first constitutional, domestic political and legal, institutional, any problems including political problem, can be solved by law, any internal contradictions may not deteriorate into civil war, civil war, the British people will no longer call the British, Americans not to fight the americans. In USA 2000 presidential election recount dispute as an example, on the 36 day of the vote counting disputes, despite fierce struggle, even intensified, but no violence, no army, no one died, the use of the lawyers and judges, they debate in court debate the right and wrong. The year December 12th night, USA Supreme Court to make a final decision, a field in other countries may have evolved into a long time of strife and civil war "struggle to the throne", as the Supreme Court gavel fell and a peaceful end. Indeed, in the American Civil War that these countries do not, even if the occurrence of similar as long as we "Cultural Revolution" period of civil strife is almost impossible, their constitutional system has ensured the success of hundreds of years of peace, political stability, rapid development, and has become a super power in the world. Many of the traditional powers, powers all feel ashamed of one's inferiority in front of these new constitutional state. Many countries for a long time, the restless, political instability and civil strife, civil war and the long-term struggle, anxiety, civil strife often trigger foreign aggression, foreign invasion, the continued loss of national sovereignty, further intensified internal problems, internal always make uncertain, mention foreign enter new areas.

Compared with the British 300 years not to fight the civil war, America founded more than 200 years played only a civil war, China from twenty-sixth Century BC to 1911 ad Shennong, the fall of the Qing Dynasty, in the long years of about 4500, recorded a total of 3791 times of war. [14] since 1912 100 years, Chinese also experienced many wars, especially the "Cultural Revolution" a lot like this should be avoided as long time civil war. The reason why there are so many civil war, one of the important reasons is that China has not established an effective system of constitutional government and the rule of law. Since the reform and opening up, Chinese continuously for more than 30 years did not happen, and the civil war, one of the important reasons is the 30 years of development of democracy and the rule of law, making a large number of disputes can be resolved by law is fair and reasonable.

We have to admit, the socialist countries have not very good solve this problem. The Soviet Union lasted less than 70 years (1922 to 1991), true it may be said "the Hing also, Yan dying suddenly"! The demise of the Soviet Union and one of the important reasons, it should be said that is democracy and the rule of law a long absence, not to the construction of socialist political constitution, construction of enduring constitutional system and mechanism. As Comrade Deng Xiaoping pointed out that the serious: "today we don't improve the socialist system, people will say, why some problems can be solved by the capitalist system, socialist system but can't solve? This method is not comprehensive, but we cannot therefore do not pay attention to. Stalin seriously undermined the socialist legal system, Comrade Mao Zedong has said, such a thing in English, law, the United States so western countries may not happen. Although he is aware of this point, but not in practice solve the problems in our system of leadership, still lead to the 'Cultural Revolution' in ten years of catastrophe. The lesson is extremely profound." 15.

We dare not say that western countries would have resolved the eternal problem, succeeded in finding the jump out of the historical cycle rate control method, because the British system only lasted 324 years, American system can maintain for 224 years. 300 years, 200 years in the history of human being is just a.twenty. Perhaps, America soon also to "political reform", reform present system, establish the new deal. However, do not see signs of this and may. The capitalist system can solve the problem, the socialist system should also be able to solve, and should be solved better.

　　Constitutional politics China Road

As mentioned before, how to solve the problem of historical cycle, the proposed the first generation of collective leadership with Comrade Mao Zedong led the "democracy". But the practice has proved that the national long period of stability, democracy is necessary but not sufficient condition. In some countries, democracy, strong. But some countries democracy after declined, political corruption, social chaos. After the founding of the PRC, we tried to "great democracy", the negative results to democracy, that occurs as a "Cultural Revolution" of the tragedy, the national economy is almost to the edge of collapse. The first generation of collective leadership Chinese people to realize national independence, and has established a relatively complete national economic system, its historical contribution is indelible. However, we have to admit, they have not been able to solve the problem of how to ensure the party in power for a long time from the system, the national long period of stability of the historical problem.

To Comrade Deng Xiaoping as the representative of the second generation of collective leadership after the "ten years of catastrophe, the Great Cultural Revolution", summed up the "Cultural Revolution" occurred in the efforts to explore the reasons, to avoid tragedy from happening again, achieve long-term ruling system. Comrade Mao Zedong was compared for solving this eternal problem given the "democratic" prescription, second generation collective leadership put forward solutions, in addition to democracy and legal system, "". Comrade Deng Xiaoping realized the real cause of the "Cultural Revolution" tragedy is system and system. He said: "we all kinds of errors occurred in the past, though with some leaders of thought, style, but the organization system, work system problems is more important. These aspects of the system to restrict bad guys, bad system can make good people to do good fully, and even go to the opposite....... Not to say that the person is not responsible, but that the system of leadership, organizational systems are more fundamental, overall, stable and long-lasting. This system, whether to change the color relations between the party and the state, we must attach great importance to the party. [16] he also pointed out: "I have a point of view, if a party, a country is pinning its hopes on the one or two person's prestige, not very healthy. So, as long as the people have changed, there will be no stability....... I think the role of any one individual." He said: "I have never believed in exaggerating the role of any one individual, because that is dangerous, difficult to continue. To a country, a party's stability based on one or two personal prestige, is unreliable, very easy problems." [17] so, must seriously implement the socialist democracy, strengthen the socialist legal system, the democratization, legalization, so that the system and the law has the stability, continuity and great authority, not by leaders of changes, not to change the views of leaders and the changes of attention.

In the aspect of solving this eternal problem, given the party's second generation of collective leadership is a way of "democracy and legal system", which is a great progress! The "rule of law" is the essence of constructing system, the establishment of rules. Any of a long-standing organization, whether government or company, enterprise, social organization, internal rules and regulations must be very perfect, not by force, can the independent body self operation. Otherwise, the internal chaos, or simply take the law of the jungle "jungle principle" to solve the internal contradictions, such organizations could not long, not out of control cycle rate.

The party's third generation of collective leadership with Comrade Jiang Zemin at the core of the banner of socialist democracy and legal system, as well as the Party Central Committee with Comrade Hu Jintao as general secretary to, to push forward the cause of socialism democracy legal system in china. Especially in 1997, the 15th Party Congress established the "ruling the country by law, building a socialist country ruled by law" is the basic strategy of governing the country, and written into the Constitution in 1999, from the implementation of the "rule of law" to "rule of law" leap, the rule of law is not only the means, tools, more important is the strategic target, is the important direction and value orientation of national development. Focus on the construction of rule of law is not only the public and the society, but into government and leader cadre, use the law to define the limits of authority, regulate the operation of the power, building the rule of law and the rule of law government.

Comrade Jiang Zemin presided over the 1999 January people outside the forum, the constitution was amended sections that advice, the constitution is the fundamental law of the state, has the extremely vital role in national life. The constitution is the core and foundation of the legal system, is the fundamental basis for the rule of law. We speak of the rule of law, building a socialist country ruled by law, the first is the constitutional basis for governing the country, nation building. He emphasizes, maintain the dignity of the constitution, to ensure the implementation of the constitution is very important. This first needs to establish and perfect the legal system of safeguard constitution implementation, a series of the principle of constitution through legislation to implement. He said, China's socialist democracy and legal system development, not only the legislative achievements, and law enforcement work has made great progress, the rule of law and social environment are gradually formed. During the "Cultural Revolution" occurred in flagrant violation of constitution that things have gone for ever. But we also must see soberly, in real life, the authority of the constitution has not been fully reflected, the constitution implementation still exist such problems. 18.

In December 4, 2002, Comrade Hu Jintao pointed out that all walks of life in the Capital Constitution published twenty Anniversary Memorial performed in his speech to the general assembly, the constitution is the fundamental law of our country, is the general regulations safeguard a country, is to maintain national unity, national unity, the legal basis for economic development, social progress and Changzhi long ANN, is Chinese Communist Party in governing and rejuvenating the country, unite and lead the people construction of all ethnic groups in the country China socialist legal system guarantee. Implement the strategy of governing the country according to the constitution, the first full implementation. This is a basic task of the construction of socialist political civilization, and also a basic work for building a socialist country ruled by law, takes a long time to catch on, unremittingly to do a good job. Hu Jintao also pointed out, the full implementation of the constitution, must adhere to the leadership of the party, Party organizations at all levels and all Party members should play an exemplary role in abiding by the constitution, strictly in accordance with the constitution. 19.

In September 15, 2004, Hu Jintao delivered an important speech on the 50 anniversary of the founding of the National People's Congress in various sectors of the capital conference, formally proposed the "managing state affairs according to law" and "ruling by constitution, emphasizes the concept of" rule of law ", first of all to run state affairs according to law, ruling according to law, first of all to ruling by constitution". 20.

The 2012 meeting of the party's eighteen big again, the rule of law is the basic policy that the party leads the people in running the country, the rule of law is a basic way of governing the country, we should pay more attention to play an important role in the state governance and the rule of law in social management, comprehensively promote the rule of law, and building a socialist country ruled by law. [21] to achieve this goal, we must comprehensively implement the constitution.

In December 4, 2012, the CPC Central Committee General Secretary Xi Jinping all walks of life in the capital Memorial constitution published an important speech of 30 anniversary, this paper elaborates the new CPC Central Committee leadership of the constitutional concept. Points out that General Secretary Xi Jinping, the full implementation, is building a socialist country ruled by law and the primary task of the foundation work. The constitution is the fundamental law of the state, is the general regulations safeguard a country, has the legal status, the highest authority of law, legal effect, has a fundamental, overall, long-term, stability. The people of all ethnic groups, all state organs, armed forces, political parties, social organizations, enterprises and institutions, the country must take the constitution as the basic standard of conduct, and for the maintenance of the dignity of the constitution, to ensure the implementation of the constitution duties. Any organization or individual, may have beyond the constitutional and legal privileges. All activities that violate the Constitution and laws, must be investigated. 22.

Comrade Mao Zedong led by the party's first generation of collective leadership can not solve the problem of historical cycle, just put this proposition, and gave half the answer "democracy", but did not practice democracy. Comrade Deng Xiaoping led by the party's second generation of collective leadership to solve the historical problems, the other half the answer "legal", and made great efforts for democracy and the rule of law, have made historic contribution, I sincerely hope that the capitalist system can solve the problem, the socialist system should also be able to solve. The party's third generation of collective leadership with Comrade Jiang Zemin as the core, and the Party Central Committee with Comrade Hu Jintao as general secretary of the "rule of law" to further rise to the "rule of law", clearly put forward the rule of law, building a socialist country ruled by law; and put forward clearly "managing state affairs according to law" and "ruling by constitution, emphasizes the concept of" "the rule of law, first of all to run state affairs according to law, ruling according to law, first of all to ruling by constitution". "Managing state affairs according to law", "ruling" naturally "constitutional politics", constitutional politics has stand vividly revealed on the paper.

With Xi Jinping as general secretary of the Central Committee of the party, look far ahead from a high plane, know what one is about, in a highly responsible to history and the spirit of the people, once again raised the issue of historical cycle, warning the party and the country, to study and solve this problem. The Constitution and the fate of people's national future, is closely related to the constitution; full implementation, is building a socialist country ruled by law and the primary task of the foundation work. After several generations of collective leadership of the difficult exploration, about how to jump out of the historical cycle rate control, make the party can be long-term ruling, countries can long period of stability, the answer should be said has been very clear, that is "managing state affairs according to law" and "ruling by constitution", and the construction of socialist political constitution. The question is, how to build socialism political constitution, there is no determination, perseverance and courage, will, like grasping economic construction, political construction of the constitution to catch up, until the final success.

　　Five urgent problems to be solved

According to the eighteen report to the General Secretary Xi Jinping on speech and the party, the major problem of constitutional politics in China is an urgent need to address the following five aspects:

One is how to realize the people adhere to the leadership of the party, be in power and the organic unity of the rule of law. First, how to realize the organic unity of leadership and the socialist democratic party, to adhere to the leadership of the party at the same time, adhere to all state power belongs to the people of the constitutional principle, extensively mobilize and organize the people in accordance with the provisions of the Constitution and the law, the state power by the people's congresses at various levels, through various channels and in various ways to manage state and social affairs, manage economic and cultural undertakings, become the country, their society and their own destiny. Secondly, how to realize the organic unity of the party's leadership and the socialist rule of law. As the ruling party, the party must improve the style of leadership and governance, must be in accordance with the party constitution strictly, according to the constitution of governance. The Party led the people to formulate the Constitution and laws, the Party led the people to implement the Constitution and laws, the party must activities within the range of constitution and law, and truly the Party leadership legislation, law enforcement, law-abiding ensure lead.

Specifically, including: first, how to make the party's views through legal procedures become the will of the state, how to make the candidates recommended by Party organizations to become the leading personnel of state organs, organs of state power to the implementation of the party's leadership over the state and society support, the state power organs, administrative organs, judicial organs, procuratorial organs in accordance with the Constitution and the law independently, coordinated work. Second, Party organizations at all levels and Party members and cadres to lead the rule of law, improving the ruling ability and level, promote the institutionalization, the law governing activities. Leading cadres at all levels, how to improve the rule of law and the rule of law by the thinking way of deepening the reform, promoting development, resolve conflicts, maintain stability, efforts to promote the formation of according to law, failing to find law, to solve the problem of usage, resolve conflicts by good law environment law, promote the work on the legal track. Third, how to perfect the power restriction and supervision system, ensure that the power entrusted by the people is always used for the people's interests. How to uphold the rule of law, administration by law, administration according to law to jointly promote the rule of law, rule of law, government, rule of law and social integrative construction. These are important problems to be solved urgently constitutional politics in China, the problem is to break the historical cycle rate, to solve major theoretical system and mechanism. If these problems can be successfully resolved, we will be able to jump out of the historical cycle rate, achieve long-term ruling and long period of stability.

The two is how to establish and perfect the supervision mechanism of constitution implementation. Points out that General Secretary Xi Jinping, China's "guarantee the supervision mechanism of constitution implementation and the specific system is not perfect,...... On these issues, we must attach great importance to, be addressed effectively." He says, the life lies in the implementation of the constitution, the constitutional authority also lies in the implementation. We will unremittingly to the implementation of the constitution, the full implementation of the constitution to a new level. The relevant supervisory organs of the NPC and its Standing Committee and the state to assume the constitutional and legal supervision, strengthen the implementation of the Constitution and the law of supervision and inspection, supervision mechanism and procedures, and resolutely correct constitutional violations. The local people's Congress and its Standing Committee to ensure the constitutional and legal compliance and implementation in the administrative area.

In fact, in 2002 20 anniversary of Comrade Hu Jintao implementation in honor the Constitution's speech also pointed out: "the full implementation, we must perfect the constitution safeguard system, ensure the implementation of the constitution. We should study and improve the supervision mechanism of constitution, to further clarify the constitutional supervision procedures, so that all the acts of violation of the Constitution can be corrected in a timely manner. The National People's Congress and its Standing Committee, should shoulder the responsibility of supervision of the implementation of the constitution, resolutely correct violations of the constitution; to carry out the constitutional interpretation function, make the necessary explanation and the explanation to the problems in the implementation of the constitution, constitutional provisions have been implemented better."

In 1999 January, Comrade Jiang Zemin also explicitly pointed out that, we should further establish the authority of the Constitution in the whole society, establish and perfect the safeguard constitution implementation of effective supervision mechanism....... All state organs and their staff, must be carried out in accordance with the provisions of the Constitution and the law, cannot abuse of power. Must be very clear, any state organ, organization or individual, not beyond the constitutional and legal privileges. Violation of the constitution is the most serious offense. All activities that violate the Constitution and laws, must be investigated. In this regard, we should take more effective measures, strengthen the effective safeguard constitution implementation, including perfecting the concrete system of constitution implementation, regular inspection and supervision of the implementation of the constitution, timely correct the violation of the constitution, the provisions of the constitution into effect.

Over the past 20 years, the general secretary of the three party, the party's central collective leadership, are of the view that we should establish and perfect the implementation of constitution supervision program, the problems of extreme seriousness and importance. Unfortunately, although the three general secretary of the Central Committee of the party emphasizes repeatedly, repeatedly asked, but no substantial impetus in this problem, it has to be solved! 23.

The three is the reform of the political system, scientific allocation of state power, including horizontal NPC and "bicameral" power configuration and the vertical central and local authority's reasonable division. Points out that General Secretary Xi Jinping, we should be in accordance with the constitution of the principle of democratic centralism, the state regime and rules, the people's Congress exercise unified state power, the implementation of the decision-making power, executive power, supervision power of both the rational division of work, mutual coordination, ensure that state organs exercise their functions and powers in accordance with the statutory authority and procedures, perform their duties, to ensure that state organs unified organize undertakings. We according to the constitution of system and principle, correctly handle the relationship between central and local, correct handling of ethnic relations, properly handle the interests of all parties, to mobilize all positive factors, the consolidation and development of democracy and unity, be lively and vivid, stability and harmony.

The four is how to strengthen the protection of human rights, judicial system reform. Points out that General Secretary Xi Jinping, we will in accordance with the law to protect all citizens enjoy extensive rights, safeguard the citizen's personal rights, property rights, the basic political rights and other rights are not violated, to ensure that all aspects of civil economy, culture, society and other rights are implemented, efforts to safeguard the fundamental interests of the people, safeguard the people's desire and the pursuit of a better life. We shall just to people's demands, and strive to let the people can feel the fairness and justice in each judicial cases, never let the people's rights and hurt people's feelings, damage the trial unfair.

In order to safeguard the human rights, the real "dimensional stability", we must reform the judicial system, judicial justice, judicial organs exercise their functions and powers of independent guarantee. Justice is supposed to solve disputes and problems, part of their own can not become the problem, clearly the current judicial system in China can not meet the need of protection of human rights and democracy and the rule of law development.

The five is how to establish and improve China's constitution and constitutional politics, requires the implementation of "one country two systems" and the unification of the country in order to adapt to the. First of all, we enforce the constitution politics, perfect legal system, the development of democracy, will greatly enhance the Hong Kong and Macao people's confidence and support of the country. Conversely, if the democracy and the rule of law in our long-term remain stagnant, even to the back, constitutional politics could not establish, Hong Kong and Macao people's patriotic enthusiasm will be a tremendous blow, people return to more difficult, to achieve national reunification will be elusive. Secondly, we present the constitutional politics not only to deal with all kinds of political issues of the continental interior, including the regional national autonomy and grass-roots mass autonomy, but also can accommodate after the reunification of Hongkong, Macao and Taiwan. On the one hand, the establishment of the Macao Special Administrative Region of Hongkong, put forward a lot of constitutional issues, for example, how to deal with the Standing Committee of National People's Congress constitutional legal interpretation between the power and the judicial Special Administrative Region of the power of final adjudication relationship, problem, development of democratic Politics in the constitutional status of the Shenzhen Special Economic Zone, the national SAR Chinese residents to participate in the national management rights, are the constitutional issues we've never met, we present the constitutional system and the system needs to be improved. On the other hand about how to realize the reunification of the two sides, our basic policy of peaceful unification. Since it is a peaceful reunification, we must face how to deal with the "Republic of China" and the "constitution" and "legal system" problem. Our current constitution and structure obviously cannot completely meet the needs of the peaceful reunification of the. How to further emancipate the mind, seek truth from facts, with greater theoretical courage and innovative thinking, the pursuit of maximizing the interests of Chinese people to realize national reunification, construction of the new constitutional structure and theory of need, is a hard task in this generation of Chinese Communist front. 24.

　　Should never be constitutional politics and the leadership of the party in opposition

In a word, the rule of law, administration according to law, inevitable requirement of managing state affairs according to law, ruling by constitution. According to the constitution, ruling by constitution, the result must be constitutional politics. The implementation of constitutional politics is our after 60 years of hard exploration, paying a huge price concluded, is really jump out of the historical cycle rate control, to achieve long-term governance and the only proper course to take long period of stability. The political constitution, can realize the national long period of stability and unity of the Chinese nation and the thriving and prosperous, sustainable development, and from the system and the system ensure the long-term ruling party, which dominated regime never change, to jump out of the historical cycle rate, the real solution to this problem of thousands of ancient.

The implementation of constitutional politics and the leadership of the party in opposition, is very wrong. Because our country constitution itself is formulated under the leadership of the party, each constitutional changes also is the Central Party committee proposed and proposed amendments, the highest form of constitution is the guidelines and policies of the party, is the expression of the will of the party's most rigid. Strictly in accordance with the Constitution Act, is the party's leaders insist, the reason is the most serious illegal, is unconstitutional nature is in violation of Party guidelines and policy is the most important, shook the country and the Party of the. China Communist Party as the ruling party is the need for the constitution within the scope of the law, but also because of our constitution is essentially the most important guidelines and policies of the party. But the constitution governing, not constitutional ruling, which will not only undermine the rule of law, in violation of the party's basic line and policies. Judging from the experiences and lessons of Chinese and foreign constitutional constitution, if our party can actively leading constitutional politics construction, establish the rule of law, to really play a leading role in the construction of a country under the rule of law, we will be able to consolidate the party's leadership, and ultimately the leadership of the party and the organic unity of the constitution.

In particular, we build the political constitution, must be China characteristics socialism political constitution. Total Westernization, wholesale import of Western constitutional system, is not feasible, should be resolutely avoid, also do things by irregular ways, futile, irresponsible. Chinese must proceed from Chinese history and national situation, find the political constitution mode China own. A system is good or bad, not to see it like a national system, if the image is good, not bad, the key is to see whether it can solve the specific problem in this particular country.

Also pointed out that, the western capitalist constitution is the bourgeois democracy, law, although they also known as the people's sovereignty and people's democracy, but their "people" with what we call "people" are different, their "people" refers to bourgeois, their democracy is bourgeois democracy. Although these years, its democratic form of continuous improvement, more and more like the people's democracy, but not the people's democracy. Our democracy from the value orientation is the majority of people democracy, workers, peasants and other working people, builders of democracy, democratic scope to expand. Therefore, we can not because of the capitalist countries also have democracy, human rights, rule of law, we can't develop our democratic construction of rule of law, not us, not protect our human rights. Instead, we need to do better, to prove that the socialist democracy and the rule of law and human rights, more superiority, more vitality. We cannot because they used these words, then don't use these words.

"Constitutional politics" or "constitutional" like "democracy", "rule of law", "human rights", not because of the capitalist countries, we cannot the construction of "constitutional government". They can have their constitutional government, we construct the constitutional nature different from their, must have China characteristics and the nature of socialism. Not because of the western first with this claim, don't let us use this argument, as the constitutional under the patent of capitalism. Not only do we have to talk about constitutional government, but also the construction of constitutionalism, constitutionalism construction to Chinese characteristics superior to capitalist constitutionalism. Call it a "constitutional" is the core, is not the key to the problem is increasingly rampant, we want to supervision and restriction, to fundamentally curb corruption, to safeguard our own human rights, to achieve and sustain national unity, a word to answer general secretary and the Party Central Committee proposed the serious proposition, out of control the historical cycle rate, achieve long-term ruling and long period of stability. As long as can solve these problems, if not called "constitutional government", also it doesn't matter, there is no need for us to endless debate in these nouns.

The Communist Party of Chinese has set up 92 years, 64 years in power, to seriously consider and solve this serious problem. As Comrade Deng Xiaoping in 1980 asked, today we don't improve the socialist system, people will say, why some problems can be solved by the capitalist system, socialist system but can't solve? Today we advance reform in the political system, the establishment of socialist constitutionalism logical Chinese, ripe. Should do good organization planning and top-level design, the construction of constitutionalism as scientific problems, to seek truth from facts and scientific attitude to treat. Have a sense of urgency and sense of responsibility, a timetable and road map, complete this arduous task in a relatively short period of time, and to determine, stabilized by the Constitution and laws, and then remained unchanged for a long time. Must not be suffering from "reform fatigue", the reform time too long, let a person feel distant, lose confidence. We have already changed 30 years, not to 30 years, the reform as a homely food, forever changed. If the political system and constitutional rules in the long-term uncertainty, instability, it is difficult to long period of stability!

Although the establishment of the British constitutional democracy is gradual, but the time to change, they immediately seize the opportunity, goal, accomplish the whole task at one stroke, in fact, only less than two years (1688 ~ 1689) established a constitutional monarchy. American constitution, the establishment of the constitutional system, only a short period of four months (1787 May to September), even with the 13 state to ratify the constitution draft time, also less than three years (1787 ~ 1989). British and American constitutional reform once completed, establishment, into the hundreds of years of political stability. Here, we are not learning English and American constitutional content, but the method of establishing the constitutional way and attitude of resolute.

We are glad that our people and history to us so magnanimous, again gives us a new opportunity. This generation of China Communists ought to politicians Time will not wait for me. decide promptly and opportunely, courage and insight, to the people and the historical spirit of being highly responsible, bold reform of the political system, the construction of socialist political constitution, improve our constitutional system, lead China people and the Chinese nation for thousands of years, move in circles out of the rise and fall of the historical cycle rate, real for the world heart, for Shengmin destiny, peace for future generations. As long as the whole party. The unity of thinking, strong will, careful planning, promoting, do not shake, do not give up, will not give up, we will be able to seize the historical opportunity transient, complete the cause of the Chinese nation socialist constitutionalism!

　　Notes

1] "CPC Central Committee on strengthening the party's ruling ability construction decision", September 19, 2004, China Sixteenth CPC Central Committee fourth plenary session.

2] "Xi Jinping to" Historical Periodicity "attention", Xinhua International, December 30, 2012, http://news.xinhuanet.com/world/2012-12/30/c_124166877.htm; "Historical Periodicity talk why Chairman Mao Xi Jinping again?" , people.com.cn, December 27, 2012, http://www.people.com.cn/n/2012/1227/c33232-20037015.html

In this paper 3] "constitutional politics" and "constitutional" at the same time, express the same meaning.

4] Wang Zhenmin: "thinking" about the democratic constitutional relationship, "China law", 2009 fifth. Below also have some references on this article, no longer one one note.

5] government who produce, how to produce, representative who, in order to who, this is the problem. Constitutional government is the regime.

6] although human politics is often not scientific, but the pursuit of the spirit of science should not give up. Perhaps this is why we have been to about political science called "political science" (Political Science) causes.

7 Mao Zedong]: "the people's Republic of China constitution draft" (June 14, 1954), Wang Peiying: "Chinese constitutional documents made" (Revised Edition), Beijing: China democratic legal press, 2007, page 249.

8] strictly speaking, today's constitutional system of UK is from 1688 to 1689 "Glorious Revolution" after the establishment of constitutional monarchy. This is discussed in the paper.

9] in July 1, 2011, Hu Jintao in celebration of the ninety anniversary of the founding of the Communist Party of China in his speech to the general assembly, summed up the thirty years of political system reform achievements, pointed out that "we abolished the de facto leadership positions of life, to ensure that the organs of state power and leaders ordered the replacement." The UK is formulated in 1701 "law of succession to the throne", USA is in the constitution came into force in 1789, officially in the early years of the Republic, has completed the historical task.

10] according to economists, China economic aggregate (GDP) in the fifth Century B.C. it ahead of the world, is the world's largest economy. To the late nineteenth Century, China economy gradually by the European and American countries beyond. According to Maddison, American economy more than China in 1892, Britain more than Chinese in 1917, more than Chinese Germany in 1948, Japan more than Chinese in 1961, in France in 1962 more than China. See Xiao Guoliang: "change" the long-term development and the status of the world economy Chinese from the view of the history, "China economy", in 2010 eighth.

11] America "state" is in fact our English word "State" in "State", is the exact meaning of "national". "American" name United States of America direct translation should be "United Nations", that USA is composed of some countries "the United Nations Community", these "countries" have sovereign, today still enjoy great autonomy.

In nineteenth Century 12] America famous politician Daniel Webster once praised the USA constitution "One country, one Constitution, one destiny".

13] capitalist countries despite the multi-party system, but no matter what party name, whether Republicans or Democrats, is bourgeois party, exchange, a superficial reform, is bourgeois party, to protect the interests of the bourgeoisie. Fully representative of the interests of the workers and peasants working class party is unlikely to win the election.

14] see the writing group China Military History: "China ancient chronology of war", Beijing: People's Liberation Army China press, 2003. Some statistical Chinese 5000 history of civilization, there were 6539 wars, most of which are civil war.

15] [16]: Deng Xiaoping "reform" the system of Party and state leadership, Deng Xiaoping "selected works" (second volumes), people's publishing house, 1993, 333rd pages.

17] Deng Xiaoping "selected works" (second volumes), people's publishing house, 1993, 272nd ~ 273, 325 pages.

18] in January 31, 1999, the CPC Central Committee held a forum for people outside the party, the Democratic Party Central Committee, the National Federation of industry and commerce is responsible for the person and non party personages to amend the constitution part of opinion. General Secretary Jiang Zemin made an important speech.

19] Hu Jintao: "all walks of life in the capital of the people's Republic of China Constitution published to commemorate the twenty anniversary of implementing convention speech", December 4, 2002.

20] Hu Jintao: "in all walks of life to commemorate the 50 anniversary of the National People's Congress on the establishment of the General Assembly speech", September 15, 2004.

21] Hu Jintao: "not to move or retreat along the China characteristic socialist road and strive to" build comparatively well-off society in the round, November 8, 2012.

22 Xi Jinping]: "in the capital from all walks of life to commemorate the constitution promulgated the 30 anniversary of the speech", December 4, 2012.

23] I in "China unconstitutional censorship" in one book, have discussed in detail. See Wang Zhenmin: "China unconstitutional censorship", Beijing: China University of Political Science and Law press, 2004.

24] Chinese previously realized and maintain unity, rely mainly on "the Chinese world order principle", by "blood relationship" to achieve and maintain long-term national unity. Now in order to achieve and maintain unity, we must rely on the political constitution, achieve and maintain unity in the rule of law. Wang Zhenmin: "between the central and Special Administrative Regions -- a law structure analysis", Beijing: Tsinghua University press, 2002, page 378th.

　　Constitutionalism: the Road to Permanent Peace

On How the CPC Can Escape from the Historical Cycle

Wang Zhenmin

Abstract: Implementing constitutionalism results from China's more than sixty years of hard exploration and bitter lessons. Only through practicing the rule of law and effectively establishing constitutionalism can the CPC escape from the historical cycle of sliding into decline after achieving success and fully solve the institutional problems affecting its long-term governance and China's long-term stability and prosperity. It is extremely erroneous to put implementing constitutionalism in opposition to the leadership of the Party. Failing to govern the country in line with the constitution will not only undermine the rule of law but violate the Party's basic line and policies. We need to study constitutionalism, and more importantly, develop constitutionalism and build a socialist constitutionalism with Chinese characteristics which is superior to its capitalist counterpart.

Keywords: constitutionalism, historical cycle, long-term governance

　　[author]

Wang Zhenmin, Dean of the Tsinghua University law school, Professor, doctoral tutor, vice president of the China constitution research, deputy director of the Ministry of education of law specialty teaching guidance committee.

Research direction: the basic law of constitutional law, administrative law, special administrative region.

The main works: "between the central and Special Administrative Regions -- a law structure analysis", "China unconstitutional censorship" etc..