Qin Qianhong: Thank you, Professor of Beijing sails, outside of the UniversityPeopleThere is a North plots, Professor Tong Ju wayAdvised meSay don't do professor in Wuhan, because in Shanghai as professor professor than do influence in Wuhan High50Times, high in Beijing100Times.Oh,IAt the momentThe feeling is high100Times, I do in the Wuhan City in the pastThe National People's CongressMember of the Standing Committee, Secretary of the municipal Party committee of the WuhanMany officialsI have beenPublicly criticized,"South"Special windowI write to my eight year career in the National People's Congress Standing committee,ButWuhan mediaBut fewKnow I could do so much shaking heaven and earth.
This time we went to Beijing to openThe constitutional conferenceAmong them, a discussionTheThe proposition is about the thirty anniversary of the implementation of China constitutional issues, in our academic circlesThisA masterFlowTheSay the words and the performance for theTwo judgment, first,82The constitution is a new Chinese best.Second, our reform and opening upGross domestic productDo MengGrow fastThe implementation of the constitution, is.I don't agree with this judgment,82The constitution is not the best,82The constitution has manyNonThe constitutional government.WeLiftAn example,82The constitution is not to78Years of the constitution as the basis, with54The constitution as the basis.So naturally produce a question,,78Years after the constitution was promulgated to establish order is the order of what?Shall we continue this order?In order to the trial of Lin Biao and the gang of four group, we enacted the nine law an assaultAn exampleThe nine methods are in us82Before the enactment of the constitution, in82After the promulgation of the implementation of the constitution is in the constitution, laws before,The currentThe constitution promulgationAfter they areEffective,If there is, is come very naturally continue to be effective, or through the interpretation of the constitution or the NPC special resolution gives its effectiveness?They and the constitutional conflict how to deal with?Scholars have avoided this question.I think82After the constitution was promulgated, if China social progress, achievements, not the constitutional text and constitutional practice result, is China society in full on a promote progress in the romantic imagination in the constitution.When Wu Bangguo this year in"NPC and CPPCC"Announced Chinese is establishedThe socialist legal systemWhen,The folk toChinaRule of law is made as followsJudge:The large-scale legislative, selective law enforcement,The lack of credibility of justice,Common law.OfficialManipulationLaw.Tool use law,People do not believe in the law.HereWe can cite many examples, such as the constitution should be emphasized to abide by the spirit of the legal system,Regardless of any person, any organization may violate the law, beyond the law.But whenToday, the whole nation toTo meet theWhen the eighteen to be held smoothly,Anti-corruption law enforcement might to control corruption rhythm.We have chosen2200A party, this time you anti-corruption DepartmentMeeting, the discipline inspection departmentsThe partyCases of alleged corruption,You must be cautious.Finally they chooseLift up, you quickly for some representative to take measures against corruption, it willThe Eighteenth National Congress of the CPCHave a significant adverse effect atThe implementation of this system, is the problem of selective.Not long ago, the Central Commission for Discipline InspectionResearch LaboratoryDirectorAt a news conferenceWe Chinese anti-corruption has made great achievements, ICountryIn theOfAnti corruptionGene indexArray has more than India, Burma.PleaseYou on the InternetGo to theReadTo writeTheAn articleArticle.The topic is the CommissionThe anti-corruption anti rot, rotAbortionTake up the positions of the fallen and rise to fight one after another.SaidThat yearOne of the leaders of the partyZeng Qinghong said weIn order to anti-corruptionEngage inThe"Dual gauge"The Provisional Measures,"Dual gaugeProbablyNo.SoLegitimate but useful.But later"Dual gauge"To become a regular thing, this means we useIn recent twenty yearsWhen, we have a fairImpartial and honestSociology?No.Our corruption problem hasSuperSocial tolerance.ConstitutionalismThe maximum value ofIsMeetSociologyTheStable expectations, but rather in Chinese society today,Some of the rich and powerful, elite, millionaireWhen the achievement thought of what things?IsTo get ourselves out abroad, the children made abroad, the family made abroad.We seem to have no sufficient confidence in China future on the country's long period of stability, full of fears.We can also sayOutThe Constitution does not implementOther circumstancesWen Jiabao, for exampleIn the year of the NPC and CPPCC Prime MinisterThe press conferenceOn theSay, I want to do many things but a lotWhen powerlessOne of the problems is the decree, not out of Zhongnanhai.The prime minister can we writeIn military affairs,Because the authority in chargeNational defense constructionMatter?You can see nineThe Political BureauMember of the Standing CommitteeIn the,In addition to the chairman of the Central Military Commission outsideWho to the local inspection dare to camp?The premier of the State Council to the local inspection, touch forces committedPoliticsTaboo.During the earthquake of Wenchuan Prime Minister for not moving troops, his temper,With this ConstitutionRegulationsIs from the WestReason whyA constitutional government, religionComplexThe problem.The west isEarlySocial forcesLayered,There is interaction between three grades, theLay the cornerstone of constitutionalism.In Chinese moment, when it comes to ConstitutionalismConstructionWhen, IPast timesNumerous speechesAllMention one of the ideas,It is not the rule of individual onrush,Still moreGoing to shout democracyDemocracy, construction,Constitutionalism, democracy must notA separation.If not resolvedGoodThe Democratic problem,No law has substantial progress, the rule of lawThere is no futureThe.2008Taiwan Politics University invited us to go to TaiwanFiveThe election, I wrote an article,The main point is, only democracy can letPowerHumility.We are now a lot of system design, a few days ago someoneAlso advocatedCan design a anti corruption in China chain.Look from the surfaceSystem design of anti corruptionHave toA seamless heavenly robe, is not only the tube within eight hours, eight hours can also tubeBut in fact, success is.As a democratic system is the most competitive important content and presentationElectionIn the ChinaDevelopmentForIs too important.When we talk about the so-called political reform, you can have the system design and the top layer design, but the most crucial problems must rely on the election, the electionToChangePowerAuthorization systemPower, change the master only responsible for the superior right under the charge of change, mysterious, cadre selection closed operation status, to eliminate corruption.Somewhere in the appointment and removal of Standing Committee of National People's Congress rejected the main officials in several of the appointment, butBy the end of the yearWriteWhen the Standing Committee work report,Said the director of the National People's Congress presides over the workThis problem is notCanWrite.Functions of the NPCThe mainIs the four terms,Personnel mattersThe power of appointment and removal, the local legislative power, decide on the major issues right, supervision right,Use of personnelThe appointment and removal ofRightGet rid of a few, why not write?People you putAt the same levelThe partyCommissionThe stemDepartmentGet rid of the list, theDon't countMany great things,This is not just embodies our partyWillAnd the peopleWill?They don't know,China past the cadre selection systemIs a chain, when the National People's Congress to arrange a vice mayor of,The ruling party's Organization DepartmentThe director has, deputy director, director, deputy director, chief, all arranged, you get a whole upset.In Chinese system of the National People's Congress, cadres and personnel questions why become a sensitive issue,MeetingBecome an untouchable,TheThe truthThe mainOn the inside.We used to sayTheChina that a set of so-called democracy, the system of people's CongressIs the mainDemocratic modeOne of.But the National People's Congress election system has many disadvantages, one of which isTheToo much of the Communist Party of ChinaParty members, cadres, the boss has elected to the people's Congress, the people's Congress getDisguisedCadre congress, members of Congress or the official conference.The DemocraticLike stateCostIsAn extremely high.We used to always scolding American forcing an election to spend how many money, Chinese opened a national"NPC and CPPCC"How much does it cost?To get a more.2000A deputy to the National People's congress,2000Many members of the CPPCC, how much money plus staff more than ten days eat and drink Lazard expenses.Many officials on behalf ofWith the three teamGo to the capital,Give WaySecretariatTo help write the copy,The propaganda team run media office team, arrange banquets please eat, also be expensive.You know in a year"NPC and CPPCC"Period.IsGood opportunity for media to make money, to so many provincial Party Secretary, so many governors and ministers, they send the layoutThe important period of timeAre accounted for, and someOther officials such as the thought of the media appearance,Only by money.Every time"NPC and CPPCC"And stability.Beijing last year to open"NPC and CPPCC"To use70Million people in Shangjie, in which the five pole station a social security.This year"NPC and CPPCC"Also not open, Secretary of Hebei has spent more than 20000 people to each department,HebeiProvincial Party committee secretary said"Without a solid foundation, the earth trembled and the mountains swayed"We must eliminate, in Beijing"NPC and CPPCC"Negative potential......In a wordAbout the Constitution and legal system must be democratic, no democracyTheLegal individual onrushThe rule of law, not be truly excellent.The opposite will into the ancient saying thatThe more the more chaotic, rules of order.
I say another problem.This is also theBack to Professor Zhang Qianfan professor Miao Lianying debate.IAgreeLian Ying Miao Professor position.The left and right is tear is not clearThe,It is difficult to have a clear standard.You speak against constitutionalism, democracy, human rights is left, Chongqing Bo XilaiThe approach is recognized as the ultra left, but heAlsoNo not speakHuman rights.Some people say the Chongqing Bo Xilai although down, but he was concernedTheThe problemBut in reality Chinese problem,IsThe human rights ofThe right of equality.ChongqingAwareness of the problemMaybeNot without merit, butSolveThe problemTheMethodsIs the wrong way,Even reactionary, anti constitutional anti rule of law.So-calledChongqingMode strongly emphasizedThe problem is precisely the class conflict China, wealth gap problem,ItToPay attention toThe people's livelihood,To eliminate the gap between the rich and the poorHuman rights, it is not?Professor Zhang Qianfan classification criterionHuman rights is the only Berlin tells the passivism of human rights.A recent bookIs very popular, it is Tocqueville"The old regime and the French Revolution".This book discusses the problems of current Chinese reality, not without edificatory significance.Chinese futureSocial change may have two kinds of path, with a thin as a representativeTheThe equality orientationAndRevolutionThe realizationRoute.The history of the revolutionThere are two, one is the suThe RussianRevolution,One is theThe French revolution,ChineseThe Cultural RevolutionOnlyHalf a revolution.All of the revolution has an extremely romantic vision,To battle with heaven and earth to change the world,Even to implementTransformation of human nature itself, to promote the soulDepthsRevolution, but all the rational arrogance and romantic motives, finallyAll becauseThe system of anti human nature, system is not sustainableAnd knockA knell.Another is theRespect for tradition,In place ofThe traditional, the future isHistorySense of the liberal orientation, mayMeetingOn the development strategy of competitive prevailed.I think Chinese ConstitutionalismFutureDevelopment, should be more letFor aA free society, the dignity of the society.JustIsOver the years, in a country like ours, we have such a ruling party,Often fromA so-called kindnessThe loftyThe motive of,Do a lot of violations of economic freedom thing, violating the people'sPoliticsFreeFreedom of the personThing.In theChina,Free,Democracy,Human rightsEvolutionOften feelSexTheNo, only the intuition experience, rational consciousness.I used to write so few words, but because of the Internet, as if I had no intellectual property rights.I mentioned that when Liu Shaoji wasWhen the red guards criticizeWhen picking up a constitution.When weSay eight twoWhen the constitution was possible, because Peng ZhenThe constitutional amendment supporters.PengIn the barn was slapped in the bullpen, suffered insult,SoHe presided over the eightTwoWhen the amendment to the constitution, legislationThe LordThe personality dignity is not violated to write into the constitution.In a recentWhen the amendment of the criminal procedure law,ThosePresided over the revision of Criminal Procedure LawNo loss of treatment about human rightsEmpathy,ThereforeOn their behalfTend toStrongLitigation LawBlowFunction.In theThe law to some extent today than we80AgeThe reason lies in the lack of empathy, bring human rights strongly expect.Future Chinese legal and constitutional development, if God give us a visit, we want toWantAll of us, we want it all.If God can't give us the blessing, we again many reform framework can only choose one, the first step is to choose the free.A few days agoIChina reformMagazineHe wrote an article, the relationship between the real estate regulation with the constitution.In my view, the macro-control of real estate is the governmentThe transgressionOwnPowerBoundary, infringement and violationTheConstitutionThe inside of theMarket economy terms, is a violation of free terms.The recent strong nationalism, state functions more powerful, this is all we need to keep a vigilantAndToEspeciallyTo be on guard against it.