The preamble to the constitution should be the primary and secondary school textbooks

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  • / Author: Aaron Lewis
 The preamble to the constitution should be the primary and secondary school textbooks
 
     Law must be believed in, otherwise useless.
                     -- Preface, quoted Berman "law and revolution"
 
     Some time ago, Shaanxi Professor Hu a letter advice, from the Chinese textbook of middle school removed Zhu Geliang "model", for "stop war hydrophobic contemporaries Wei Guohua Xin". This viewpoint, although to criticize a piece, but not unique, set people thinking. But I think that is not very profound. As a salutary influence of education teaching, in promoting the rule of law in building a harmonious society today, not too will give, safeguard citizen basic human rights of constitution writing education agenda in primary and secondary schools. Of course, given the boring, boring and redundant Shen law, can only be included in the relevant civil rights such as preface, content provision, or as a different from prose, essays, novels, poems, plays and other forms of style in teaching higher grade, or as this appendix read the text for teaching reference materials.
   "Model" has been complaining that Professor Hu, "stop war hydrophobic" deserves praise, Professor Hu I think, probably because the former reflects a militaristic ideology; while the latter advocates a peaceful and harmonious development concept, although there are as different as heaven and hell history status of the two authors of the two paper, art the value is a far cry from the.
   This is undoubtedly the right. I very much agree with. But if here will remain stagnant, there is tasted.
   The world why war? Why to have peace in a certain period of time. In fact, the essence is right, power conflict or harmony respectively decided the two contrary states. So how can we try to abandon the former "war" characteristics, so as to promote the latter "and" value? Although the "model" can't answer the question, and the same for nearly two thousand years ago "and" can't answer this question. Because in the "father and son", "Jun Jun Chen Chen" feudal society, subjects and the emperor, the vassal state and the suzerain of equal rights, benefit sharing, is tantamount to ask a tiger for its skin.
   All that, only in the modern democratic republic, the rule of law, can only be realized under.
   For a long time, we put the western "natural rights" concept out to Nothing is right., think it is bourgeois dictatorship to fool the people at the stately. Regardless of the reason, just be sure and restatement of its core concept: right (power) is not innate, but the law. Yes. But the legal provisions, only a rigid legal language, and not many activating vivid law enforcement, judicial action, so it is not outside as the people's law, law enforcement behavior, but can not cure for the people good habits, philosophy and the spirit of rule of law.
    The revolutionary legal all mighty storm like indoctrination, but all gone will accompany the cloud rain. Only a like legal awareness of the influence character by environment, permeating the legal idea in order to enter the deep thinking, forming "ingrained" law habit. All this, basic education than the Pratt & Whitney peoples.
   When Confucius Qi Guan from teaching, it now appears, saying with its is "knowledge is not the" wall of helpless, still be inferior to saying is flashes out big wisdom. Want him to run to and fro advertise their thoughts, and is not used, not only aspirations blighted, more disturbed as disowned dogs dog day, what a pity! When the education of apprentices, and his disciples, three thousand, seventy-two, have been added as Confucius, layer by layer, this is how glorious! This is the second. Long term education finally established its orthodox position, in Chinese ingrained in the traditional society, incomparable. The May 4th Movement, new democratic revolution while the system from the buried them, but they are still in a tomb dominates our.
   The superiority of the rule of law has proved beyond doubt, its fundamentals. But we have to cross and rob Po. Bring order out of chaos has been more than thirty years, although the number of legal system has been far too "Yu Xing three thousand", can you mind consciousness, related concept and spirit should be less than in the case of. This is not a legal way, it is a hopeless also!
   Life between heaven and earth, there must be a basic human rights necessary to survival, development. As human rights are not born, was endowed by the law. But in the modern country under the rule of law, human rights law when given is the embodiment of the will of the people, including the legislative vote against or abstain from people or their representatives. Descriptions of Chinese basic power, rights, obligations and state and government as the fundamental law of the state constitution, should be regarded as the universal is set to govern the country, social management of specific collective contract. The right boundary between man and man, it defines man and the state government, the national government and the national government, when clear and strict compliance is, there we dream of harmony, more the professor Hu Xin advocate peace support.
   However, the reality is very disappointing, even feel sad. Or: the law? Is used to treat the people did not cure the officer. Of course, messing with facts lack extreme words, but also strike out a new line for oneself. As the fundamental law of the constitution, its role and effectiveness, this should make people greatly, Kageyuki behavior, but the world had complained. Chinese no constitutional court, no constitutional review, no impeachment system, as a civil law country in a strict sense, when someone to violations of constitutional basic rights and the law does not stipulate, authorities and courts be at a loss what to do, and even a thousand li away, What can be done about it?? In contrast, when wide generalization of national interests, public interests are "Lu Han phase, it is Chinese thief" after the kidnapping, slightly careless people violated namely by litigation bitter to jail, these are miserable!
   And from this on, when a northwest politics and Law School launched the "constitution + globe" model sculpture, no wonder the network "sarcastic constitution top ball"! Of course, also based on some reason as everyone knows, the sculpture and the post was removed.
   National interests above everything else, to national sovereignty, the government's authority, military power is everything, I think, it is to other countries or regions, after all, did not survive unscathed; but when the line of sight into the country is not applicable, are not applicable. People think, why? The people's government, why? Do people set up their own country, the government in order to find its own enemy, adversary? I think everybody not to desire realm.
   So, as the fundamental law of the constitution, if considered revolutionary struggle of the people of the fruits of victory, the consolidation of the carrier is fixed, the provisions of the people's basic rights, relevant provisions of the state, the government basic obligations nature should become the main content. Fortunately, this point is basically done, that practice issues not impossible to follow. Unfortunately, the reality was the emergence of the helpless and sad, it seems there is regulation can not be strictly enforced, but is not limited to this, but many may have been abducted and law enforcement refuses to perform, dare not to perform. Sadly, most people often think that is as unalterable principles, has always been the dragon in the world, then resign oneself to adversity. All people without too much power and rights awareness. Although we are aware of many concrete legal provisions, but just skimming over the surface, superficial, basically did not and could not go on precipitation, insight and absorb the spirit of the law, idea and consciousness, thus curing and forming a long-term obligation to right, as the core legal culture and historical habits, and guide our daily actions.
   This of course will not be contrite and reform oneself. Our modern legal history fifty years, actual effective time was thirty years after, need understand, also can't always use this sentence like a commonplace talk of an old scholar to stall its backwardness and inert -- and the West for hundreds of years or even one thousand years ago the democracy republican system set up on the rule of law consciousness of rights, we still is swaddle, against the autocratic privileges forces and consciousness is too powerful, and curing to form the traditional habit let people close to suffocation.
   To break this be misfits and modern construction of country governed by law philosophy tradition, will have to start from education. As stated, primary and secondary school period is the outlook on life, world outlook formation of adolescent period, certainly is also the view of rule of law, especially the concept of rights, obligations concept formation period. When the high level, high level, high moral values are exhausted in teaching courses, and as a moral bottom line and daily life, career be bound together in a common cause on the behaviour of the rights, obligations, responsibilities and other legal concepts have been long-term contempt and neglect, does not make sense, is even more incredible.
   Due to age, mental development limited, solid not all legal provisions to move into the primary and middle school teaching, self can pick the instance from the. Our fundamental constitutional nature come first on the list --. Given the boring, the law inevitably boring, not suitable for teenagers desire strong curiosity, as a narrative genre that should first consider the preamble to the constitution of a selected list. The text can be slow -- in fig..
   Some people may think, primary and middle school students that does not teach much legal knowledge, flog a dead horse; even more people sniff at, a contemptuous disregard. In fact, everyone knows, of course, can not hope "accomplish the whole task at one stroke", besides, no one expects a one or two words of "constitutional preamble" can teach students how many specific legal knowledge. However, it is foreseeable: if it brings students and the formation of human rights, rights, obligations, responsibilities of legal consciousness (including the subconscious) atmosphere; establish the supremacy of constitution, limited government, infinite people legal belief; foster long-term ruling society of rule of law thinking habits, then selected to be accomplished; it is particularly important to, several generations later, we from the real state of the rule of law so as to form a truly harmonious society, also is not far away. Finally, even get the opposite of what one wants, the ideal fall, when the right to a beautiful prose ", what is there against it.