"Political monopoly competition and Constitutional Revolution"

Objective a book after the language

Yu Yuanzhou

 

Usually, I are clumsy after publication, to put the words to the internet. But, this time, because of the book can be published through the layers of review and not what grasp, so, in the book just completed soon and its publishing "nine words is no one to write a" case, the first after the preface to the published, accept the broad netizen review. Please have a look: such as the ruling party to say nice things about the rescue party theory and strategy, if you're done minister, what should release published?

 

One, foreword

 

Chinese democratic constitutionalism Road, long and winding.

The initial motivation of constitution, or Jia Wu war China defeat. Of course, this defeat the promotion, is mainly "Tongzhi resurgence since Westernization Movement", rather than constitutional.1898Years Wu Xu method, known as the "hundred days of reform", although related to the political and legal system, beyond the simple Westernization category, but also has not touched the constitutional. The constitutional agenda, is Wu Xu reform failed after a few years, began in the Empress Dowager Ci Xi approval and under the auspices of the1905Years to reform.

Today, we look back at history, the late Qing reform and the constitutionalism, often consciously, unconsciously to belittle the value of. However, this is the creation of the world events Chinese thousands of years has never had, is of great historical significance.

If not the Mr. Zhongshan leading the Revolution Party members in the "anti Qing revolutionary and constitutional royalism race" one step ahead, today Chinese has become Britain or Japan that constitutional state, also did not know.

Of course, the revolution established, in which Li, completely overthrow the monarchy, in any case is better than the constitutional monarchy. But because of the lack of constitutional democracy China social soil, the government of Nanjing to gain a foothold, the government of Beijing Du Huai variable. In the Yuan Gong hand, unconsciously changed flavor. When the emperor was not become, with our regrets of late.1916Years6Month6One day, on the big day, a large, nationwide chaos. This mess, is ten years, the success of the Northern Expedition until Chiang Kai Shek, the situation slightly settle.

After the national revolution early wins, ten years and ten years, political tutelage, and finally for constitutionalism. But this20Years, eight years in the fight against the Japanese aggressors. The road of constitutional government, but more difficult. And when the constitution, civil war has started. In this case, Chiang had, forcing the people to accept the "temporary provisions effective during the period of Communist Rebellion". And this "Temporary Provisions", is a force40Years, the so-called constitutional exist, or at least reduced.

The Kuomintang defeated moved to Taiwan, the Communist Party took over the situation. Before29Years, promulgated the "common program" (Dai Xianfa) and3Constitution, Comrade Deng Xiaoping pushed until the reform and opening up, develop new China article4Constitution, Chinese constitutional construction is entering a new phase.

Looking back to the history, we find that:

The constitutionalism in the late Qing Dynasty to the chance of peaceful change, has lost.

After the victory of Anti Japanese War, the constitution of peaceful settlement of the dispute by chance, have lost.

But today, the historical opportunity in our hands. As long as we don't worry, peaceful political reform will be successful.

Therefore, this opportunity I would like to use this book was published, and the pursuit of China democratic constitutionalism to advanced, talk about bit of shallow and may be naive view.

Needless to say, today Chinese favor or argue that many democratic constitutionalism in china. But on what is democracy? What is constitutional? Not only people, even the elite internal is still difficult to reach a consensus. One of the important reasons, is whether to multiparty democracy is the premise of this point, is not a recognized.

Now, if we put aside this point not to talk, so, you can see:

First of all, while democracy is very important, but in many cases, freedom, the rule of law and basic human rights, the three or more important than democracy itself. For example Hongkong, Macao for example, in the implementation of prior to regression is the governor system, it is hard to say how democracy, but there is a high degree of freedom, a complete law and decent human rights record.

Secondly, the constitutional democracy theory, a successful example, Britain and Japan, a constitutional monarchy, shows the feasibility of the main constitutional logic party; on the other hand, Japan and Singapore long-term (decades) party alone big, no rotation and alternation of ruling parties, some standards are not democratic, but it is than the job of constitutional democracy.

A second, with the socialist countries of Vietnam, the reform and opening up more than Chinese started much later, but the reform of the political system in be in smooth water should also be full of sound and colour, rhythmical, small step jogging, very fruitful. Not see the Communist Party lost the ruling position, but know Vietnam Democrats regained activity.

Economics, there has been a longstanding public ownership and market economy is not compatible with the popular fallacy everywhere in the academic community and society. The practice of reform and opening Chinese, declared bankruptcy this fallacy.

The field of law and political science, also have a kind of misunderstanding, thought that the multi-party system is the only proper course to take democratic constitutionalism. The so-called "without reform of subjugation, reform is to perish party", is to reflect the circulation of false reports in the community of the.

And according to the author's political theory of monopolistic competition, the more political reform and opening up, more is to give people with full freedom, democracy, the rule of law and the protection of human rights, the ruling status of the party is more firmly.

Vice versa, the ruling status of the Communist Party and the ruling procedure will be written into the constitution text to be protected, to regulate, the more it will give the ruling party with a sense of security, which in turn makes it let go, assured manner reform.

There are three games in the world: one is the double input, one is zero, is a win-win.

Said the first case.

Chinese ancient peasant rebellion, basic is a lose lose outcome, without exception. Hong Xiuquan seems to win, the final summing up, still lost. Of course, "demon" or the Qing Empire also didn't get what benefits. Although China pan in the Taiping Army after the fall of the abolition of the home army initiative, but relative to the Manchu Han's status has been greatly improved, to the training for new army also become the trend. All these, all is the important reason "ZTE" Great Qing Dynasty after the Taiping Heavenly Kingdom towards the final step. Therefore, the peasant uprising is a lose lose, since Chen Wu Yijiang, without exception. During the cultural revolution, had considered leftist theory of history, the peasant uprising pushed China historical progress. Now it seems, completely Huyou people historical lie. Chen Wu on down, until the end of the Qing Dynasty, greatly small peasant uprising hundreds of times, did not promote the progress of history, while just repeated the piaffe. The Taiping Heavenly Kingdom still built by Hong Xiuquan as an example. In its ruling south of the decade, the only historical significance, is the kingHong RenganProposed "Zizheng xinpian", rather than "holy" and "what China land system". This "Zizheng xinpian", although once by Hong Xiuquan's attention, but because of the constraints, and Hong Xiuquan lost the confidence and trust, no day end force into the failure. Scholars have pointed out: "history is created by the creators of." The remark was very much to the point. The historical time, not only did not create history, and always causes the officials and people lose lose outcome. Now I, when I thought.

Second kinds of circumstances, is gambling.

Can say, no matter what kind of forms of gambling, casino stocks or, too, are a zero sum game. The winner is the income, the loser of the lost; on the contrary, vice versa.

The last one, is a win-win game.

The typical example is trade, and marriage, and all through negotiation and mutual compromise, mutual compromise solution, basically is a win-win results. -- if we will trade fraud or buy and sell, betrayed in the divorce and marriage treaty, is excluded, the assertion is established.

So, we should consciously out of the theoretical misunderstanding, choose the ruling and opposition parties win-win way, go on the road of polity reform.

This book presents political monopoly competition and constitutional revolution theory, strategy is to build, including the implementation of the program of off the shelf. Therefore, I sincerely look forward to our readers can put forward valuable opinion, generous with your criticism, in order to correct.

 

 

Two, postscript

 

Chinese constitutional dream has more than one hundred years, I put forward the theory of political monopoly competition be fully prepared to only ten years.

1998Years4Month, I from the Law School of Wuhan University postdoctoral work at a small town, Huangmei County of Hubei province government, make the grass-roots civil servants. A small town location, in the Jiangxi province of Jiujiang on the north shore of the Yangtze River, is a "cock in the three provinces of Hubei, Anhui and Jiangxi border". After a summer of flood, small town life is normal. I at that time, probably before the mid autumn day, leave to Henan Xinyang flood season to stay back to the pond to his wife and daughter back home. From small to Xinyang, back to the Wuhan, and I choose is -- by boat through the water.

Remember that it was a dim moonlight night, our boat from Hankou and. Late at night, his wife and daughter back to the cabin to rest, I still sat outside to watch the night view. In late summer and early autumn, cool breeze; passenger before, only the acoustic. Alongside the river side, static flow, the river water, glittering moon. The moon is the water, the water a month, don't know which is water, which is the month. I was so imperceptibly into meditation.

A Wuhan University Postdoctoral Station of international law, not school, rather than to teach at Tsinghua University in Beijing, just to stick to small town such a place to work, in others it seems, how you say it a little strange, but I feel very meaningful.

Qiao also said, the first thing came to the small town, is to catch up with the98Combat a flood. I once on the train heard a demobilized veterans say: a soldier, three years is not a regret, regret of his life. Now, sit in the boat, I also had a similar view, that is: to a few years, regret not to small, regret of his life. In a first, is also the largest a blessing, just happened to catch and participated in the98Combat a flood.

I said to a small town, work motivation, come to the fore in Wuhan University to do a station procedures, the personnel department deputy director Huang (female) once when I face the person said: "he is bent on to the grass-roots level to go into politics, not to stay, not to go to Beijing."

Yes, I'm going to most of the township level to go into politics. As to why do so, only my mind most clearly. In addition to heart little selfish (my wife work arrangements), still have confidence in the ruling party.

Without this reason, just to give wife looking for work, will not be rushed down to the grassroots. You know, his wife said: "as long as you promise to go to Tsinghua University, I was in Beijing not work specially serve you, also be most willing to!"

Visible, for the public to the basic reason older. As for the later had to leave the pond to Xinyang Normal University in Henan Department of foreign language teaching, has its own reason to be. Back to Xinyang after finally find opportunities to come to the city Pingqiao District Pingchang town two years as Deputy Secretary of the Party committee, is the proof. Of course, this is something for the future, not to mention it.

At that time, I was sitting on the boat, state of mind.

I think this pond, flood, that party is still in power, the leadership and ruling status and legitimacy. At that time, as far as I know, hold the opposite view knowledge elite isn't in the minority, and the continued increase in.

So, there is no way, to be the bridge between the leadership of the Communist Party or the ruling status and democracy, constitutionalism, rule of law, human rights both of them?

At this time, I suddenly remembered1983-1986Years in the school of economics of Wuhan University during a read "postgraduates for master degree of economics history" have a theory, called "the theory of monopolistic competition, the title is called", "the theory of monopolistic competition ("The Theory of Monopolistic CompetitionThe author is American), economist, called Chamberlain (Edwin Camberlin), published in1933Years. This theory is, in addition to perfect competition market free capitalism and monopoly market, there are a lot of reality is between two persons, it is "both competition and monopoly, both monopoly and competition", or "competition under the conditions of monopoly" and "competition under monopoly exists".

Put forward the theory of monopolistic competition model, broaden the economists analysis market micro economics perspective, and extend beyond the definition of Chamberlain I, extension or referenced to other areas, show very strong explanatory power.

This gave me an inspiration: can apply this theory to political science and constitutional law, the establishment of a not only explanation, prediction, but also the transformation of new theory?

That is to say, can strengthen the ruling status of the Communist Party on the one hand, the monopoly of state power at the same time, on the other hand, enliven, introducing political competition mechanism, in order to achieve freedom, democracy, rule of law, human rights and its compatible? If not, this theory can be called the "theory" political monopoly competition?

Thought of here, I am extremely excited. Immediately went back to the cabin, to find out the accompanying with thin research notes, jot down the "theory" political monopoly competition characters and some simple theoretical points.

Back to the pond, after six months of effort, to5Month, finally wrote "on political monopoly competition" this manuscript. Later, back in his hometown, transferred to the English Department of Xinyang Normal University, after work, I will get Xinyang municipal Party school sponsored by the Xinyang municipal authorities of the publication. And before this, "Jiujiang daily" and other media, are also relevant reports.

In a word, the theory of political competition, in the98Shortly after the birth of flood, and published in a limited range.

But soon after formation of political monopoly competition thinking, I then consider another related problem, that is: how to guarantee the political monopoly competition? How to achieve? An idea the first time to initiate the brain is, through the constitution, to be provided. Only the constitution text make provisions, combined with the possible political monopoly and political competition between the two, the formation of the political pattern of monopolistic competition. One of the benefits is written into the text, the political monopoly and political competition with organic the details to the whole of clearly, and it is taken care of by way of,,,,.

However, at that time, the popular dozens, hundreds of years of constitutional idea is that both at home and abroad, the constitution only provides that the organs of state. The party is not a country, so, the constitution is not directly specified parties. Party thing, can only be prescribed by the parties through their own articles of association.

However, although the popular idea is that constitution recognized, but the legislation in practice, but this discipline breakthrough, the most typical is the unification of Germany before two. West Germany (Federal Germany) is a famous law, called on political parties, is a ready-made example legislative intervention party specification. Although the political parties not the constitution, but according to the classification of law, constitution and administrative law should belong to a class of. Since the party method is certainly not the administrative law, therefore, is attributed to the constitution class. More important is, according to the general rules of administrative jurisprudence: must according to law, legislation must be in Xianyou according to. That is to say, the west developed "party law", should have constitutional basis, or unconstitutional.

Of course, things are not so absolute. As long as it does not violate the Constitution's provisions, Congress did not explicitly authorized constitution on the "XYZ system shall be prescribed by law", also can be directly legislation.

Because I have not to the Federal Republic of Germany (Federal Republic of Germany) law (equivalent to the Constitution) to seriously look, can not determine the west "party law" is to Xianyou according to, but I have to be sure: at least the law may be defined as the party system. If so, the constitution, as a method, the most advanced method, for the political system to be provided is not what can not be.

Under the above ideas, I on1999Years9Until march back to the Xinyang, drafted the "new draft constitution of the people's Republic of China (scholars proposed draft)" (at that time it was called "the people's Republic of China21The new constitution proposal "), and wrote a paper" theory as its theoretical support constitutional revolution ".

Now before the book before us -- "political monopoly competition and Constitutional Revolution", is the period of research results.

After the basic theoretical framework is put up, the relevant aspects of the involved, such as the constitutional essentials and heads of state system reform and other issues, will gradually solve.

The writing of this book slowly dragged on for more than ten years, but its end is the rush, long ago in North Korean artillery Han Guoyan Tsuboshima Kazumihan, US Japan joint military drill, a series of events. At that time, I was in Japan to attend a conference. Japanese TV and newspapers, every day the deluge of reports and comments. During the day, when we were in the Waseda University to visit, see a teaching building or there may be a seminar posters library building outside, children are: South Korea -- China russia. It makes me feel the seriousness of the problem: the North Korea issue is not resolved, sooner or later is a powder keg of Northeast Asian war!

This set me thinking: is there a way, which can not only guarantee the KIMS and North Korea, the security of the state power, but also to ensure that the people of the Republic of Korea South Korea security? In other words, can not find a win-win way North Korea Japan and Korea?

At this time, I thought of Mao Zedong's words. He said: the internal cause is the thing change according to the external cause is the thing change condition. Therefore, I think, to solve the North Korea problem, perhaps we should reform the North Korea's internal system reform. If the political theory of monopolistic competition in North Korea, the drafting of a new constitution, for on the one hand, to ensure that the KIMS and ruling party of Korea Labor Party, on the other hand, as the exchange, then increase the Korean national human rights and fundamental freedoms system supply and security force degree. At the same time, comprehensive promote economic, political, and cultural undertakings comprehensive reform and opening, in order to fix or ease tensions with the US South Korea parties. To do so, obligation and burden Chinese reduce, which will be glad of it.

Based on the above considerations, to return immediately after drafting, round the clock, day in and day out to dry, and finally to2010Years12Month8On the completion of the draft, also brought an end to the writing of this book painting. As for can be published, we also do not know. Proverb cloud: Man proposes, God disposes. Day, is opportunity.

The writing of this book progress is slow, dragged on for more than a decade, many friends repeatedly urged. Now, finally made tolerances.

 

                                                      Author 2011Years2Month11Day (Draft)