Liu Guiming intro:

This is10Voice and text, years ago, but it has read the feeling is still very warm. However, some words10Can be said that years ago, but10Years later may not be able to say. Some words10Years ago had said, but now also hope then said.

Time is really you! Flash is10Years! These words have been published in the "Journal of Chinese lawyer", later income my works "rule of law" (the world China democratic legal publishing house).

Because2013Years1Month20On the "second session of the constitutional rights of citizens of judicial protection theory and practice seminar", because the Deheng Law firm always adhere to and carefully planned, I and many of the participants about the meeting, remember the words and voice......

 

    The Constitution in our side

     Listen to experts -- talk about "constitution" theory and Practice

 

Deheng Law Group at the National Lawyers in the establishment of judicial case study  

  

10The editor years ago by:

    In January 11, 2003, sponsored by the "China lawyer" magazine and the Shandong Deheng Law Firm, "China lawyer", "legal service times" agency co funded the Chinese small projects, Human Rights Fund "the constitutional rights of citizens of judicial protection theory and practice seminar" held in Qingdao Hai Tian Qingdao Hotel. Experts and scholars from Peking University, Renmin University of China, China University of Political Science and Law, Chinese Academy of Social Sciences Institute, Shandong University, around the judicialization of constitution, constitutional review ways of theory and practice, published their academic point of view, and spoke highly of Shandong de Jie law firm agent Qingdao 3 students sued the Ministry of education, college entrance examination scores discrimination case the social meaning and the legal wisdom. I made a presentation entitled "constitutionalism from lawyers Chinese to China" speech, and chaired the partial expert scholar's speech. The following is a wonderful speech content of these experts.

Liu Guiming.
   Distinguished guests, experts and scholars, everybody is good! When the year before Qi Yuling case because the constitution has become click into place, the current year Qingdao 3 candidates for the college entrance examination scores of discrimination and sued the Ministry of education, when last Chengdu Jiang Mou for equal rights are infringed sued the bank, when determining the ten days ago and a new generation of leaders the first collective study of the theme of constitution and constitutionalism, we have to start with a new vision and new mind, to seriously examine and reconsider the Constitution and constitutional issues. Today, we sat together, focus on theory and practice is the subject of the constitution judicature. The constitution is away from us far or near? The Constitution can enter our life into life? How to do?
   Today's meeting is arranged, in addition to formal speech yesterday, today is the first to set action game, then white selected action performance. Now, let us with warm applause to welcome Professor Jiao Hongchang of the China University of Political Science and Law, who had just been elected to the Beijing Municipal People's Congress of Professor Jiao is how to "feel the pulse of the judicialization of constitution".

Jiao Hongchang (Professor of China University of Political Science and Law):
   Very pleased to share with you the judicature of constitution, constitutional circle was first proposed by Professor Wang Lei of Peking University, to discuss the issue, he wrote a book called "the constitutional judicature". Later Qi Yuling appeared, everyone put constitutional judicialization initial founders to Professor Wang Lei, and today I want to talk about the problem of equal protection of constitutional rights, judicial protection subject is called the constitutional rights.
   First we have to define the two concepts, one is about what is a constitutional right, two is what is about the common law rights, which is the premise of our discussion. The basic rights of citizens constitutional rights are recognized by the national constitution. What constitutional civil rights recognized by the constitution included? Civil rights Is it right? Limited to the constitution of a state in the provisions of the normative sense? From the constitution of our country, the rights prescribed by constitution 17 provisions in article thirty-third to 50 of the 26 items. The constitutional rights of citizens is the most important rights, such a right by what way to protect? First, it relates to a country in the constitutional system, through to the public power to protect civil rights. The constitution of the basic rights of citizens on the front, then the provisions of the state public power. Such a constitutional arrangements that such a meaning, that is to say the national public power from civil rights, but also for the protection of civil rights. Specific to a country, citizen's basic rights of constitution to guarantee through what way? Is the first of a legislative protection of rights. Because the constitution is the fundamental law of the state, the basic rights of citizens fundamental law determined, if not achieved by a specific legislation, so power protection is not talking, so each country to guarantee the basic rights of citizens is guaranteed through the legislative.
   Judicial protection for our discussion, it is the premise of the effect of constitutional rights issue, it is the first against the question of who. Is generally believed that the basic rights of citizens of the constitution, citizens first is not against the general, but against the public power of the state, that is citizen's basic constitutional rights potency to object is not weak, but at the national public power strong. In the strong public power in the legislative power is the first by the civil rights constraints, that is to say the legislation is subject to restrictions on the protection of human rights. So, how to restrict the specific circumstances, in the protection of civil rights, equal protection is a very urgent problem, the problem in the theory and practice of the more controversial. The main argument is that constitutional rights of citizens, for example relates to the constitution protection of equal rights of citizens + we quoted are in the second paragraph of the thirty-third, is the "citizen of the people's Republic of China are equal before the law". For such an understanding of the specification, the provisions of our constitution until now, most scholars including some say, that mainly refers to the meaning applicable legal equality, that is the administrative organ, especially the judiciary in the application of law on the rights of the citizen is equal. But a national legislative power under the equal protection rights, or constraints? Legislative power in civil rights protection is pointing to an object not the validity of it? This is the most important problem in law.
   In fact, a state constitution including legal protection of citizens' rights, is the core of the legislative problem. The equal protection of it, is what we call the same treatment of the same situation, different treatment of different situations. That is a country in the protection of human rights, particularly in the guarantee of equality is allowed for the classification. If we don't object specification the legal classification of words, we actually have no way to protect. This refers to a standard, such as we have discussed today's case, 3 students to the Ministry of education, actually involves scores of college entrance examination line problem. To which of the people the right to education in a country, defined what fraction line? As the authority of a government, it has no classification of rights, or that the legislature can be classified in the protection of human rights, and this is in the affirmative. If the object is "we don't regulate the protection of human rights" to classify words, in fact we cannot guarantee. For example, the elderly, children, we give women more rights, we are citizens of people's Republic of China, our citizens into old man, women, children, the disabled and other social security needs of people, then itself for classification. But a state legislature in classification, classification is justified, reasonable, in legislation is the need to consider.
   The general said that a legislature to the constitutional rights of citizens of equal protection, classification of what is right, involving such issues. The first involves the equal rights and civil liberties issues. From the constitutional value, equal protection and civil liberties, the two is the value of the constitution, equality and freedom, like French Revolution mentioned, is the basic value idea they put forward. But in a state legislature, it emphasizes the equal protection, or focus on the protection of personal freedom, then in fact the legislature in legislation (of course, the legislature is a legislature, generalized including national legislation machine such as the National People's Congress and the Standing Committee of China's customs, but also includes the local legislative and Administrative Legislature) on this vast subject of legislation in the legislation, how to balance between freedom and equality, how to balance the relationship between the national interests, public interests, personal interests, how to balance the special protection and ordinary people, this is the first to consider legislation. But if a country's legislature is entirely personal considerations in case, most likely democratically elected parliament, without any supervision, if its legislation without any control, can produce a Democratic majority tyranny problem, so the legislative protection of the constitutional rights of citizens of such a constitution right after the general configuration, entrusted by the state judicial organs to ensure the rights of citizenship, especially equal protection, giving it a second jurisdiction. Because the legislature legislation, for no specific people, not a certain thing, but due to the infringement of the rights is often specific people, specific. Then the laws enacted by the legislature of the Is it right? Truly meet the protection of human rights in constitution value, then should give judicial organs in a matter of judgment. In a country where the constitutional rights of citizens through legislation such a protection, actually entered the judicial protection, judging by the judicial organ. The judicial authorities why can judge? Under the constitutional system, whether the normative documents give the judiciary to review legislation yoke off the constitutional protection of human rights value, the general sources of such a concept, the Cheung judicial power is passive right, right, is neutral judge right and judicial procedures, judicial experience, faithful. The judicial power in the constitutional government in general is independent of its role, in handling disputes, not only deal with disputes between citizens, between citizens and the state has to deal with disputes, especially disputes between and antler home free in dealing with public, judicial power due to some character is, we believe the judicial assistance human rights, through a case of relief way easier to protect constitutional rights.
   Chinese court has such a function of judicial protection of civil rights? This is encountered more problems China constitutional rights, for such a big problem, from a theoretical point of view, there are different views. Some people think that our country such a constitutional system of the National People's Congress, our country's court does not have the constitutional rights judicial protection of such a function. The function of this is the first court to have the right to supervise the constitution, the court should have the power to interpret the constitution. I personally think that in the system of people's Congress such a constitutional system of our country, the people's court confirmation of the constitutional rights of citizens, can not provide legal protection, there is a certain space. For example on the power to interpret the constitution, the provisions of our constitution, we give to the Standing Committee of National People's Congress the power to interpret the constitution. In the theory circle. The NPC Standing Committee has the power to interpret the constitution, the National People's Congress has the power to interpret the constitution, is a theoretical issue. But I think whether the National People's Congress or the Standing Committee of National People's Congress, is a single head mechanism has the interpretation or the two agencies have the power to interpret the constitution, it can exclude the court in a trial to enjoy the right to explain certain, I think this is a focus of our discussion. I personally think that in a country of constitutional system, the constitution of the power to interpret the Constitution gives Congress or the National People "s Congress, so can not completely exclude the right of interpretation of the court, the constitutional rights of citizens protection, does not exclude the court in specific application case also has certain judicial interpretation of the constitution right.
   From now on we China practice, the people's court in fact in the exercise of such a right, theoretically speaking, I think the court if the judicial application or means of sense, give it such a right, not the destruction of our constitutional system, but it is playing an active role in the the protection of human rights. Why? Because we say the people's courts to exercise jurisdiction, it is the basic premise to solve the dispute to resolve disputes, so we have what is called a basic common sense? The people's court to trial according to the facts and the law, but when the people's court according to the law of justice, then what the law includes? I think this is the standard of a country's system, I think it is a very large system. We have a constitution, laws, administrative regulations, local regulations, autonomous regulations and separate regulations,, there are rules, such a huge norms applicable to a specific case, in fact, a judge of the court to find a suitable for the case of a specification in the normative documents. What is in fact the judge functions? He is to put a law into a judgment standard, then in the process of a transformation in such a judge must choose which specification, can be used, which can be used as standard, he in the selection process, I think he is to apply the constitution, but also in judicial explanation constitution. But in this process may involve what? To say the norms and the standard is not unified, if it applies standard has ten thousand standard, he found a few apply to this case specification in this inside, if these specifications are not contradictory, he directly applicable. But if these norms to conflict between words, so the judges of the court in which he will judge and choose, once he had made his choice and judgement, I think in the means, in the sense of justice, he was actually in the application of the constitution to protect human rights. But if it appears in a country such as conflict of administrative regulations, local regulations and administrative rules, of course that the judge had a choice, but if the administrative regulations and laws and legal and constitutional conflict, relates to the state of the legislative Is it right? Constitutional issues, the right of interpretation of the constitution of our this is the end of the court, his sense of justice functions come to an end. Then to higher constitutional interpretation system, the Standing Committee of the people's Congress is explained, so the interpretation of the Standing Committee of the people's Congress enjoys the highest significance.
   If you apply a concept of civil law, is China's reform and opening up over the years, separation, civil law scholars maximum initiative is the ownership and rights to the use of such property, countries can by the business, the national land can be contracted by individuals. The power to interpret the Constitution can actually by the court to apply in specific cases to enjoy a certain interpretation, if the court the right interpretation of the Constitution in the exercise of judicial sense is no problem, then the court to resolve disputes to protect the constitutional rights, in theory can be established. Our courts to exercise this power, exercised in the great sense, the difficulty is relatively large. The court in the whole constitutional system status is relatively weak, the constitutional judicature in Qi Yuling v. Chen Xiaoqi as a symbol of. In fact many proposed by Professor Qi Yuling v. Chen Xiaoqi is just between the two civil disputes, although the right to education by the constitution of the connected it with the constitution, but in fact no real challenge public, so many people take the Deheng Institute "students to the Ministry of education" the case as the judicial protection of civil rights constitutional cases real. This case did not go to the end, but the court accepts this program shows great significance in fact.
   In our country, we pass to open such a will, to the basic rights of citizens against the national public power two theme calls to our constitution circle, the sense is very great. Because in our country from the constitutional system, the position of court low. Such as "national institutions" in the first section "the National People's Congress," section second "President", "State Council" specified in section third, section fourth, "CMC" section fifth "local people's congresses and local people's governments at various levels," section sixth "the organs of self-government", seventh the provisions of section "village committees, neighborhood committees". The court in the neighborhood, Wei Hou, its status is not high in the constitution, which is why set the constitutional system, the most main is the court can play what role in the protection of human rights Chinese, status is not completely determined people how to give you the title, the key is what you play a role in the protection of human rights, including our lawyer, our jurists, our legal occupation community. In the aspect of the protection of constitutional rights, we are what kind of attitude, we can make what contribution to the protection of constitutional rights; it is worth our reflection.
   Deheng agent three students sued the Ministry of education's case, although there is no solution to the problem through the judicial process, but the meaning is revealed. From this perspective, the problem of equal protection of the constitution, just in the constitutional rights judicial protection of all, is the most direct and important problem. The constitutional rights of the three stages of development from the development process, the first generation, the second generation, the third generation human rights. The first generation of human rights protection of human rights is negative, the right to life, liberty, property rights, human rights field actually has entered into economic and cultural development of the second generation human rights. The first generation of human rights required minimum government is best, the second generation human rights emphasizes the protection of the rights of civil society, social rights. The biggest problem is the problem of equality, the right to equality as the breakthrough to the protection of human rights, indeed in the judicial protection of the constitution is a very important aspect. The third generation human rights group human rights, it can through legal protection, constitutional research in today's meeting, we put forward different views. The equal rights of citizens in the protection of concrete may involve such a precedent for future court how to create specific cases to protect the problem, can't wait for the law through the country's reform and all the programs are clear when we start the protection of human rights. In fact, we can through the concrete case of the reality, the case through the judicial protection of our academic or legal community simulation of constitutional rights to find the constitutional issues, promote the development of the constitution.
   Two days ago, Hunan has a place in the general election, the first election was not elected mayor, then picked up a two election. From the constitution, elected the first mayor wasn't elected, can open a discussion. From the provisions of constitution and electoral law, a personal elected is to obtain all represent more than half of the votes is elected, no majority is lost, lost the election should be re nominees. A breakthrough in equal protection under such circumstances, the lawyers, academics, legal community efforts, in the protection of human rights Chinese inside will be a new development trend. Thank you!

Liu Guiming.
   Just professor Jiao Hongchang spoke on human rights, I think it should emphasize the least government is the best government, limited to be effective. But as the Supreme People's court is less more, should be more. For example, 8.13 of its judicial interpretation has played a big role, while the Deheng agent 3 candidates sued the Ministry of education, although just do a simple answer, but the answer to a very great impact. If after a period of time, may be more as. If you want to have a position, must have as, we have the reason to have confidence in the Supreme People's court as and its impact on society, hopes and expectations. We then asked a young professor Wang Leilai to talk about the constitutional judicature north as thinking, he is the first "constitution" formulation and presentation. In fact, he was raised a little, but his research is not a don't be careful to.

Wang Lei (Associate Professor of Peking University law school):
   Thank the host of the meeting, thank China "lawyer" magazine editor in chief, thank the colleagues today! This is the first time I saw Deheng lawyer, just before the Shandong Qingdao three high school students sued the Ministry of education of the case from the thick smell of the media know Deheng, Qingdao again before the Internet access to the relevant situation today the, gave me the impression is quite good. I also come here especially. Because I was writing a book, one is Shandong Qingdao this case, but because of the lack of details of the case, not what to write, the newspaper is very simple. If allowed, I will write a book to write in this section. The lawyer is the strong power to promote the progress of the legal system. Consider the following specific about myself.
   First of all, to talk about the constitution judicature idea and the case. I put forward the "constitution" concept can be avoided in political questions, but this concept is larger, it can include constitutional review, constitutional litigation, judicial review of these concepts. At the same time, it has some of the most basic meaning, for example, the Constitution can not be lawyers, judges, prosecutors, and this is one of the most basic things. Whether a country's Constitution Act or ordinary bill or, or, a little world is common, is what is to be the world's lawyers, judges, prosecutors, as to how to use not to mention, this is a starting point. Now with the constitution of the increasing number of cases, three senior high school students in Qingdao city case although later died, but its meaning has been realized, each big media reported today, the reputation is very big, the lawyers also have today advance innovation. In addition to the prosecution of three high school students besides, I on the Qi Yuling case material master more thoroughly, more attention to this case. In this regard, one is Deheng acting case, one is the case of Qi Yuling, another is Jiang Taosu the people's Bank of China Chengdu Branch of the case are very meaningful. The Jiang Tao case, the judgment for two reasons. First, the court in accordance with the America is not mature, because the notice did not take effect, so that the prosecution of the court. In exercising their functions and powers, the administrative organ second things; language speaking caused no specific damage, this I do not agree, the consequences of damage may cause. Have a Sichuan University Student sued the Mount Emei Park Management Office, this is typical, because the park are owned by the state, not the same for foreign students and local students fare, is discrimination, inequality. The prosecution case, the newspaper also ran, but in this case I also don't know. One is Shandong, a Sichuan, walk in the forefront of the national constitutional judicature. Another case is the first two months of Hubei has a protection of citizens' right to education of the case, and Qi Yuling case is not the same, is a more complete protection of right to education, I see this case, don't think too much criticism.
   The fourth middle school in Suizhou, a girl called Qin Chunmei, the college entrance examination and was admitted into Hubei Medical College, she did not take notice, to work in guangdong. In 2001 June, her neighbor saw she was admitted to the University in a newspaper, and then told her father, her father came to the school to ask. My former teacher put the college admission notice on the office drawer lock up, found to Hubei medical school to make a report to say we neglect, the students do not have the normal school. University for plan recruit students, so refused to admit her again, she had lost the opportunity to go to university, she put the school to court. The plaintiff, the court, because the fourth middle school of Suizhou city citizens the right to education, this school is the national, so from the relationship between constitution adjustment better. Another example is the university student cohabitation pregnancy, in this case the plaintiff's too kind, a lawyer to help me is not enough, the attorney's constitutional consciousness is not strong, the requirement is too low, the asking price is too low, only think of school invasion of privacy, that should not be posted, require parents to admit mistakes, students admitted mistakes, this in fact what wrong did not. I collected more than 20 cases, in the spiritual civilization, advocating knowledge, this place, but it is legal in backward areas. Another Shaanxi couples see yellow dish case, the society put it as a criminal issues, procedural issues, and did not see the problem from the constitution, because the constitution. "The provisions residential citizens are not violated.". The case is now the public security organ to compensation is a social progress, we can see the power of attorney for legal construction of driving force can not be ignored from, lawyers can go far in this period of time. If the lawyer that residential inviolability, into the homes of citizens to go through certain procedures, is meaningful, because it is a constitutional right. As a Henan high school student appearance reason had not been accepted, Chinese Youth Daily published later admitted, but also with equal rights for. For example, in 2000, a boy was admitted to Beijing University, his choice is the medical department of Peking University, because his face large side small, don't let him on the medical department, no way he can to Peking University Department of physics. It relates to education in the field of how to treat the problem of students, this law can make the article. Even if the students face side, while small, people are asymmetric (applause), RA patients B is a doctor of science, is not what he looks like, learning is not certain and he is engaged in the occupation has inevitable connection. You see, in place of civilization, there are many backward behavior.
   Second is to have a look the judicature of constitution condition. There are about two aspects, the first aspect is in a legal case, the constitution has the law, can not use the constitution. Second aspects are the Constitution without law, can not use the constitution. First I want to tell you first hand, the constitution law, can not use the Constitution? The world there are about two kinds of attitude towards the problem. The first approach is a constitutional and other legal constitution, found in other laws unconstitutional cases, most of the country is so. The second approach is a constitutional and other legal, still start the constitution, because the constitution is most convenient, second aspects of the constitution, no law, can not use the constitution as the case of Qi Yuling?. In 1990 the infringement occurs, beginning in 1999 2001 to prosecution, judicial interpretation. I wrote the constitution of taste in the "constitution" in the book, the taste is sweet. It is not to punish the people, with the phase difference of criminal law and civil law. These two conditions, one is not in China may, because in traditional idea people prevented the constitution into judicial proceedings, the Qi Yuling case in the traditional concept Chinese resistance is big, special legal concept in non constitutional condition. Second is a connection point, then there is no legal cases in Chinese constitution, the constitution makes sense, is not what the result. Another kind of view is exhausted in the other law, basis cannot be found, then the Constitution can be.
   The third is about the public law and private law issues, my view is that the constitution is the law, at the same time, I also admit that constitution is to adjust the relation in public law, that is on the legislative, judicial, administrative rights on the public power, lazy, social organizations and groups of public power authorized to the rights, protection of private rights the protection of individual citizens. But also to see the constitution is the fundamental law, to see the end of the two World War, the constitution is not law. Public law is one of the oldest classification, as we put people into men and women. Today, society has not only the men, women and transgender people, human cloning. After the two World War the constitution of a maximum of origin is Germany 1919 constitution of Weimar, is the separation of social rights, such as labor, education and other rights, is not limited, the original human body property, freedom and so on, the location of government and ideas have not had said the government. A government's important function is to provide service. We China now facing the problem is put other countries for many years passed before a block away, because we do not have to restrict government power stage. At the same time, foreign governments have been transformed into government service concept, we present the government limited government idea has not yet formed, now also busy creating the service government. Our Constitution also to the world, to the international convention, had so many rules of social economy, cultural rights, and the social economy, cultural rights, also is the so-called positive right, the positive rights with the relevant government, not the relationship between the private, such as the right to education, labor rights. Labor rights in eighteenth Century 17, is purely private, but now to limit the boss, the constitution refers to the relationship between private. Because the constitution of this legal status, it is not may not involve the relationship between private citizens, including America Thirteenth Amendment cannot treat others as slavery, but in general the Constitution not intervene in the private sector. Qi Yuling is the case, Is it right? Court, lawyers, the legal profession that, with the constitution into judicial field adjustments in the private relations will harm Chinese legal construction, I personally don't see it that way. Because from the Qi Yuling case, the defendant is not only Chen Xiaoqi, Chen Kezheng and Zhou, the City Board of education, Jining business school, Zhou eighth middle school, the 3 defendants have the nature of public law. So from the Qi Yuling case, it has not completely adjust the civil law, public law and private law relations between both, from the legal perspective is available. Qi Yuling is such a case with public rights not completely against so sharp, protruding angle the constitution into judicial field. Choose a good cut in point, rather than at a wrong time, wrong place, wrong cases, made a wrong interpretation. If the constitution scholars do not the problem to give positive recognition, it will hinder the future development of China constitution. So I think maybe 20 years, 50 years later, we are in the judicature of constitution significance will be much more aware, including the understanding of Ministry of education of Qingdao sued the cases of 3 students in senior high school, often later than today to see clearly.
   Fourth is some experience about the application of constitution:
   The first experience in the field of judicial constitution, mainly relates to the public power but also related to social rights, I do not advocate the use of constitutional law relationship adjustment.
   Second experience is the constitution only solve qualitative problems, it does not solve quantitative problems, but it may affect the quantitative reduction. Against the judicial application of the constitution that the constitution to solve civil compensation, criminal sentencing. It does not solve quantitative problems does not mean that it doesn't matter and quantitative. The question of the death penalty is criminal law educational world discussion, the death penalty is the constitution of academic discussion in the world, involving two of the right to life issues. In my paper lying in the South African Constitution Act case, South African criminal law is death, but to a judge; judge considered cruel punishment, so in this case declared the death penalty unconstitutional penalty provisions, the parties from death. Visible, the constitution prohibited torture in criminal sentencing provisions, can play a role in. Of course USA case more.
   Third experience is applicable to the Constitution in the world. The lawyer or judge, or, to put forward their own views, there are two situations: a situation is not applicable. Like America, if discovered other law violates the constitution, the other exercise prescribed policies or public right of violation of the constitution, the court is not applicable. But the legal provisions still exist, it should avoid the judicial power to infringe the legislative power. There is also a case of declared the law unconstitutional, cancel the provisions. These two kind of situations in Chinese are not feasible, Chinese now feasible is what? Beijing City Court created a precedent, he found that learning Beijing local regulations in violation of the law, in violation of the National People's Congress law. But he didn't announce the law violates the law, he said only applicable law in judgment, so in the Chinese now feasible method is, if the lawyer to challenge local regulations or laws or administrative regulations, departmental rules and regulations, I do not say this thing in violation of the constitution, the court can I say, but finally, suggested the judge discussion said I apply the constitution which one. Because the city of Beijing is the traffic violation cases, then fine, Beijing City Public Security Traffic Management Bureau in accordance with the local regulations of Beijing City penalty, punish, lawyers said that the violation of the "administrative punishment law", the National People's Congress "in violation of the regulations on administrative penalties for public security" amount of traffic violation fines, the court sentenced the traffic police the losing. In the judgment of local laws and regulations is not the Beijing Municipal People's Congress violated laws, it said only that the decision I apply the law, not only to stay in the regulations on, at the same time to maintain their own survival, to extend their litigation field and space.
   The fourth lesson is about the constitution of the "reference", "application", "says" difference. The first is in the indictment, the respondent mentioned the content of the constitution, verdict, just need to argue the need, logical reasoning, it may be the starting point of judicial documents and logical reasoning, this situation is summed up as "mentioned". Second is the "reference", is the qualitative disputes to resolve the case by the constitution of the problem. The third is "suitable", by the constitutional judgment law is unconstitutional, and not suitable for it. The judicial review in strict sense, mainly with the constitution declared legal norms inferior not applicable or invalid, this situation is suitable the strict sense. These three cases should be distinguished somewhat, we can do now is the first two cases, thus to apply the first case is the second case in judicial documents, is a reference to the constitution to solve qualitative.
   The fifth lesson is the right to education from the case of Qingdao equal to the violation of the law, I thinkTeachers can also do this. There are two rights, the first item is the right of equality, the second is the right to education, but today the colleaguesThey say, the right to equal education, I think it is good, because the "Education Law" such provisions. So from the current operation, easy to receive from the point of view, so that better. But ifFrom the constitutional perspective, also can rise. This a series of cases, ushered in a new situation, let meOur society, let us make legal person horizons. Because for a long time we have laws are unknown; channel in addition to personal rights, property rights, we have equal rights, more important than that of the right to education, including freedom of speech. These cases make us realize we have more important than personal rights, property rights, constitutional rights.
   Expected, such cases will be more and more, to our lawyer business challenges and requirements are also getting higher and higher. In addition, the scope of the court should also be a breakthrough, unlike the original administrative litigation, the scope of accepting cases 8 items only personal right, property right. Now the general principles of the civil law in disorder, said that the book to guarantee the people's rights, the constitution since it had had is book to guarantee the people's rights. No strong constitution concept in China case, make such a claim is not good for the constitution. False disclosure of information of a period of time before a stock, the Supreme People's Court issued a judicial interpretation. This is Shanghai lawyer's work, which involves the scope of accepting cases of court, as long as the constitutional rights have been infringed, the court did not by reason of any excuse refused to accept the case, because it involves the legitimate property of citizens protection in the constitution. Again, the court limits the scope of accepting cases, from the constitution theory, it is mainly to limit the administrative power and legislative power as a violation of the court case.
   Sixth experience is the ripeness principle. Our lawyers will encounter in the future and the constitution of litigation, we must pay attention to the ripeness principle. I saw several judgments that lawyers have a mistake, act with undue haste. Sichuan Jiang Tao that case, people is published notice, the notice said the day before the beginning of recruitment, the day before you can go to the court, how to do? So, we must grasp the opportunity. Another case is the park tickets, this is possible, the case of Qingdao master's. There is also a case of Sichuan, several students of Sichuan University law school to eat in a restaurant, the shop sign, civil servants to eat to discount. These students pay for dinner, after dinner began to prosecute. To master the furnace, don't read the notice immediately to the court, not mature. He sued for infringement of the constitutional right of equality prescribed in Article 33 citizens, I think between the pure eyebrow private affair, it doesn't matter and the public.
   These cases have a good, let us high level of lawyers to teach judges, the judges to consider constitutional issues, the promotion of judge ahead. Hope to have more as a lawyer!

 

Liu Guiming.
   Thank you professor Wang Lei! To his theory, emphasizing the lawyer can have great as to constitutional government Chinese road. I suggest that the establishment of a constitutional litigation today, just Wang Lei professor said, in the quality of judges is not completely improve the situation, we can do a lot of work in this regard, proposals Deheng should act. Of course, as the news media should timely follow-up. Not only are these we follow, we will follow the great rejuvenation of the Chinese nation. Our constitution should go where, our lawyers on constitutional Chinese road and long road, our lawyers have as much, so, we should know what the actual effect of constitution. In fact, since ancient times there is constitution, as the country's constitution, as individual citizens is rules. Our lawyers, a person licensed to struggle, two individual practice requires cooperation, three individual practice need division, four individual practice need to be coordinated, more than five people need to management practice. Below we invited Professor He famous, listen to him to talk with in our constitution should have what kind of look, have a look China constitutional fate how?

 

He Weifang (Professor of Peking University law school):
   Hello! Talk about constitutional issues, now, we have a huge obstacle in front of us, that is the country's political system reform. The reform of the political system and constitution, constitutionalism has have all kinds of connections with contact, also can be in a certain extent, Chinese political system reform is the constitutional issues.
   In the recently concluded sixteen, Comrade Jiang Zemin put forward the new concept of the political civilization. We believe that, in accordance with the market economy and political system is the inevitable result of the market and political, that is providing you can compete, can choose the political, can go to the competition state ruling position. A very important precondition two citizens are equal before the law is that we in the face of political opportunity equality. We want to engage in political civilization, political civilization is the political civilization, with savage political opposition. My personal understanding, the so-called civilized politics with three content is inevitable, that the political, law is the political civilization, and the modern political culture, the basic content of these three aspects are indispensable. In fact, the next step to promote our legal reform or political reform, or, maybe the constitution is a focal point of particularly good, just professor Wang Lei introduced the constitution judicature such a concept proposed background, I think he is very smart in this background, the core is how to limit the powers of the government regulations we implement the constitution, the constitution promises to give us the right to cash.
   On Judicialization of constitution, we know that someone had put forward the judicial review, proposed constitutional terms, these problems can easily be mistaken for bourgeois liberalization, so Wang Lei find a less sensitive vocabulary called "the constitutional judicature". Did not expect the listener is careless, the China constitution lacks a realistic effect widespread discontent, in people's discontent among the slogan, Professor Wang Lei has been a huge response. It has evolved into a movement, a theme of a nationwide, the media continue to focus, continuous research seminar. In fact, it is at the core of the key, if the constitutional commitment to all of our rights to meet, can let our constitution is no longer pay lip service to a lip-service, one always put it away unheeded embarrassing things. Just look at the Shaanxi Mr. Wei Yahua's masterpiece, is very interesting, the Constitution in today's situation is very strange, on one hand it seems to have no what use, on the one hand the official felt he was very useful, this exactly is a what? We Chinese constitutional problem main?
   A while ago I wrote an article called "the fate", mainly from the perspective of genetics, what factors make the constitution from the west? What are the factors that made the Constitution in the West does not become a put it away unheeded lip service in Chinese but not to lip-service? He is actually very effective, can't cash in life. I think from the perspective of the constitution, is deeply rooted in the western culture, western history, western society, he is a product of the west. In such a constitution in the process, there are several factors that play a role in the great. The first factor is, from the ancient Greek city-state of Athens those sages and that, in a democracy, an attempt between different regime. When the monarchy, aristocracy, democracy, how these different regimes governing a society, the rich performance and conforms to the fair. We see Alex Dodd et al in their works, we explore how we should set up a good political problems. From its essence is a political animal, such a statement is very interesting, like a small bureaucratic political enthusiasm, in fact not the case. Their understanding is essentially a political animal, see if there is a crowd of time, we need to have a constitutional system, we need to have a good political pattern and management of our life, to obtain a social order. In such a practice and theory All flowers bloom together. age, ancient Greece laid a good academic foundation for us, then we see the era of ancient Rome scenery. The era of ancient Rome is we often remember, it is a kind of can be said to be a king Yu is legal, seems to give people a feeling is a right is supreme, there is no way to produce a kind of constitutional system, but we carefully analyze both the Republic of Rome, or the Empire of Rome the ancient Romans, then in the constitutionalism left us with a rich heritage. In my opinion a heritage is very important, in fact is just as professor Wang Lei just slightly manifests as a little dismissive demeanor belittle a civil law, I think Professor Wang Lei more or less, allow me here to follow the old colleague of mine was a little discussion. That is to say, I don't feel I can ignore the interaction between private law and public law. We see that if not for a private property of strict protection, we would not be able to restrict the power of country. Is often established more powerful place in private ownership, state power is limited. When the king's horses can't operate on private land, this time the state of rights is limited. We see the ancient Rome on land and property protection, it's very strict rules, called a person to own land wealth right to heaven to underground Tianxing, Xing, but said its sovereignty over its airspace, western land property ownership concept is a sovereignty over airspace.
   I still remember the West had a precedent is very interesting, for example, a person to the court to prosecute his neighbor, said when his neighbor hunting bullets over over his family's land, in fact, the so-called airspace right is not a sovereign states only, but the citizens private right. Such a strict maintenance of land is the concept of the ancient Romans Mok set up, and continues to later, has continued to this day. To my house today, Professor Wang Lei mentioned the house is my bastion of freedom, no one can be without legal process to break into my house, or I will shoot you and do not bear any legal responsibility, this is what concept? This is a constitutional concept, at the same time it is also the wealth of strict protection of land idea; so in my opinion, now make the civil code may be very important, perhaps we can to a certain extent, can also be said that the civil code is the protection of the rights of citizens of a large file, or a file is very important. I think the two do not artificially create contradictions, because we too need to unite, Li are not opposites. Then we saw in such a constitutional development history of Western thought origin, such a process, even in the dark ages, still has a very rich constitutional heritage. Give a simple example, Thomas Aqquinas, we all know that this is a theological master, this is a very careful and very determined to maintain religious authority, a course can be said is a great philosopher. But he is in the dark ages, we put a name to the dark society closely linked together, but we are in the writings of Thomas Aqquinas, can still be found flashed some theory revolution light, for instance he strictly a ruler of his right to rule not dishonesty. Dishonesty is like counterfeit money, why are we going to punish counterfeiting currency, not to punish a dishonesty authorities? Then. He thinks, if power illegally, the lack of a legal argument, it is the right of the people against this power, the people have the right to not be such authority. We see this kind of Fu revolutionary thought, and this thought is rendered in legal language, this just Chinese classical society we Shandong villagers Mencius about so-called "noble people light" or the idea evolved into, or "water can carry a boat can also capsize" such a completely standing ruler beside me, I beg you, you can listen to, if you let people too bitter, people can resist you, his ideas are quite different. We see that the Confucian to limit such despotic power, is really seem incapable of action, and the West in the Middle Ages a thought that we see is a firmer constitutional thought.
   In addition to this kind of ancient Greece, ancient Rome, which laid the foundation of the thought, we see that there are three factors to the very important role in western society, I think that is the important historic conditions its constitutional happen.
   The first factor, is an independent existence of the church. An independent Church, we all know that in western society, Christianity is not the native religion, it originated in Asia today we say the Jerusalem area, around the Asia Minor peninsula. But such a foreign religion after a period of very hard. Of course we know Christianity in Rome in early days also suffered persecution, because it has no way to persuade rulers to believe that religion is a very great religions, the ruler to persecution, and kill, the number of the early church fathers were killed. But then they realized that a Christian conquest of the west, the western world into the Christian world, while Rome bishop as the pope. Then, the Pope a government organization, they are not only a spirit, is purely abstract spiritual existence, but they still a worldly existence. They set off from the grassroots to a massive government type top system, promote the church's career. They became the greatest landowner. Because they are set at that time if a person is the inheritance by will decide their land property, then the land of wealth and other fortune 10% will be donated to the church, so that they become the largest continuous donated a wealth of the land owner, they can compete in the middle ages and become a king, King forces have to fear. When the war between King, finally find the Pope to mediate, now this tradition still exists. More important is due to the Christian Church exists, because of the existence of Western life be cut into two parts, that is to say, one part is the spiritual life, is a part of life. In the secular world and I will obey the king and the rule of law, and in the middle of the spiritual field, we have no way, the king can not meddle in our spiritual life. The Bible says, Kaiser things Kaiser, to God the things that are God, this shows that must be strict distinction, this distinction I think is a great knowledge of the history of western. How to distinguish between, how to put the two secular and sacred boundaries to divide, a general trend is the spirit of the field more and more broad. We see for example, as long as the pledge contract, have the church court has jurisdiction, because the oath is sworn to God, so this becomes the oath of god. For example the marriage, the marriage is defined as the church is not only a man and a woman two people like us Chinese said, the so-called "thirty acres to a cow ', wife child hot kang". We understand that marriage is a very secular career, but Westerners explaining symbolizes the union of a man and a woman for marriage, to represent the relationship between Christ and his church. According to Christ and the church is never to be separated, so in the Catholic Church in western countries, until today they still do not advocate marriage freedom of divorce. Because this is like Christ and the church can be separated, we see a continuous interpretation of such, the marriage has become an ecclesiastical court under the jurisdiction of the matter, not to mention the autonomy of the university. We say that the early Western University is basically composed of a church school, since it is the church run schools do not exist in the University of king, the king would have no way of intervention in the affairs of the university. Because this is to belong to the church's career, so Western University history can be said to be a University of western modern times freedom, independence history history. Unlike today, our university has also been strong government supervision, management, and even the intervention. Why? The reason is that, there is a spiritual authority of western social historical development process, the authority and the secular ruler is not detached, your king is the king, you can't say you will be the pink of perfection in morality. We see that this is the first factor, the existence of religious authority of the world in which we live is divided into two parts, the later Western constitutional influence, can be said to be long.
   Second factors, which in my opinion is a kind of different social stratification or social class to lead to the compromise and conflict between the classes, the secular supreme power there is no way to completely only I alone, a person alone, it is not possible. We used to understand the theory of class struggle, perhaps too simple, we say we China from Qin and Han Dynasty is a class society, the class struggle is a so-called feudal times, this is in itself is a big challenge. In China two thousand year history, we think there are between the landlord class and the peasant class and the class struggle. We still remember the two studies of a dream of Red Mansions University Shandong University origin, at that time it was called little people, they wrote the article, by the mainstream press, finally, Mao Zedong actively as they speak, write a letter, it caused a with vigour and vitality of re research, comment on a dream of Red Mansions dream boom. We all know that their biggest merit is the past, reading a dream of Red Mansions interpretation. In the eyes of the old school, a dream of Red Mansions is an index, is an anti Manchu novels, there is some set of cipher system. You can know that Jia Baoyu represents which Prince Gong, Lin Daiyu and representative of which, you set the password system cracked, you'll see this is a novel anti Manchu rule. But the later one headmaster thinks, this argument is not reasonable, simply draw a forced analogy. He believes that this is an autobiographical novel, it wrote a family from prosperity to decline a period of history. So many people a lifetime of a dream in the demonstration of such a theme, or the so-called self legend, or a family history, including the third theory etc.. Why argue about these things? This is a novel itself, you always take the history to set this novel is wrong. To the "Cultural Revolution" period, we found a number of so-called class struggle to say, that a historical laws of this novel reflects the feudal social class struggle and China peasant class and the inevitable demise of the landlord class. This of course is very interesting, our understanding of the class struggle is very simple, and even the wrong person that we China a class society is like this, I think is wrong. Because China does not exist in the sense of class in Western europe. Western European sense of the feudal society and not two class struggle, but multiple levels of struggle. We all know that the three grade, four grade conference, meeting the king aristocracy, Freedmen, slaves of these different classes form a very complex social structure, and because the closed class structure division, long-term, mutually beneficial mutual occlusion and clear boundary together at the same time conflict, compromise. Such a pattern, causes, it is different between class three to form a you can get order through a convention, which is to produce many legal foundation, foundation is the constitution produce.
   At the beginning of the thirteenth Century, the British king John good Daxi Gong, constantly foreign war, banner banner is not money, but the nobles to find, ask you to give money. You know the final results of the nobles to discuss, the nobles to say "no", I do not give you the money. When the noble than now Liu Xiaoqing can be much worse, Liu Xiaoqing now you evade arrest you on the line. When the nobles said something very interesting words, including USA Revolution later became very loud slogans, that is no taxation without representation. If the deputies to the National People's Congress is not in my chosen words, the country does not have any legitimacy and proper to tax me. Because our tax how to spend, no one told me, distribution is not my representative to supervise the tax. Why many members of the western countries a function is very important for the tax, regarding the financial side of things to be reviewed, to be provided. So, we need in this historical period, in the UK such a development history of the development process, we see is such a class struggle and class compromise, the Constitution and constitutionalism can be produced. The British gentry is not to say John king you signed up, the Great Charter I put things right once and for all. No, but there are at least seven times, the British aristocracy demanding later King you must sign, you must make sure to say: "I must also comply with the Great Charter, I must strictly abide by the great charter". This is a very important prerequisite condition of his ruling legitimacy. Such a class struggle and Class Compromise picture, is difficult to find in the US China history.
   I had read and study of rough reduction, the imperial examination is how to make Chinese society into a class structure is not strict, not quite clear, with a liquidity and openness, and that such problems, I do not want to, they have some articles also less involved to these problems, perhaps we can critical reference.
   Third factors, is the basic elements of western constitution can be produced, is the specialized production, social division of occupation doctrine. As we all know, different social division of labor, if it can affect the governance process state management, social life, such a division can restrict power lead. We said today the independence of the judiciary, the court must be independent power, I think the independence of a very important basic precondition is that the court must establish in the court independence knowledge and the technology, is not only the court, also includes not only the procuratorate, the procuratorate, also included here lawyer. Everyone is different from others, can let people give you money and let people hire you, not a hired man, but they hire you to do a thing, give you a handsome reward. The reason is that we have a unique set of knowledge, this stuff is not universal to all of society. I tell the truth to the saying, is not to regard it as right. The only thing the most should do is to start the civil rights consciousness, let people have something like a lawyer, this is the best law, law is not called the people to learn legal skills. Learn the legal skills, he is not a lawyer. Our lawyer who earned the money go? So we should pay attention to the middle of this fine line, of course, I this is a fun. But I really think it is impossible to popularize legal knowledge, as long as we see a little professional articles, for example, even though I was engaged in legal person, I see all kinds of civil code of controversy in the process of different editorial thoughts now, for example, something the company law, I can touch don't mind, want to say one word can't insert. Because he is too professional, because many professional concepts which are can be traced back to the ancient Rome two thousand years ago. Every concept that has a long history, what one man company, what what how the dormant partnership, how to, these things are very complicated, it is impossible to popularize. We know that this knowledge is the basis of condition. If our courts independently, can be like our constitutional circle friends would like to, on the middle court politics. For example, one day we will find there is a conflict between Bush like Gore and the future, and finally by the court judges. We will see in their judgment, and no political language to speak, they are used in legal language to talk, it is a prerequisite for independent. We all know that in the process of such a legal professional occupation in the basic goal is to say, to restrict the king in such a power of non professional power. No country in the king's appointment to test whether he is a lawyer, the king is often, his father is the king, his son can legally inherited the throne. But the king because of no legal training, he was sometimes too arbitrary exercise of power, he is an arbitrary power, an unlimited power. This time if there is such an independent judicial administrative power represented by King to limit restriction of time, we will find the king of the country was to become part of the bureaucratic one day. The king went to the bureaucratic machine, a gear bureaucratic machine, although he is a mosaic of precious stones, diamond gear, however, the operation must be strictly in accordance with the procedure set in advance of. Constitutional significance of this is the rise of occupation.
   The legal practice of ancient Greek political philosophy, the practice of democracy in ancient Greece and ancient Romans, we see that even in the middle ages, a religious forces on the secular power constraints, including constraints of civil rights to the religious right. We see their class conflict and compromise between classes, each classical writers in the constitution is a product of class struggle that two endings. We have seen the emergence of specialization and occupation forces, so that their constitution is full of vigor, full of vitality. While our nation's constitution is completely alien, an exotic. In 1907 we began to develop the constitution, later, constitution has no effect, the constitution of the people have done. Next, the Republic of China and the constitution of the people's Republic of China, then, has been a constitution. But in a historical process, we see the constitution becomes a kind of decoration, become a useless things. I think the fundamental reason is that we see the constitutionalism such a Western source, because he produced in the west, because he is such a kind of social culture with the western one have all kinds of connections with contact, makes him difficult to transplant things, we know that the transplant is stale. During the "Cultural Revolution", we here in Shandong have transplantation before tea, our hometown has kind of tea, but the results from tea like that sweet potato leaves smell, there is no way to eat. We see the constitution transplantation to the Chinese nation, China land, has become a sweet potato leaves. We often see it is not operational, often see it in no way into the judicature. We see the problem a little sensitive, for example even sued the Ministry of education, this situation, our court immediately shut sb., fear not, see great scourges, so how to open our first step. I think that in our discussion, the more is how to go through the equal right of equal protection of this question, to start our whole social awareness of the constitution, the constitutional consciousness through some concrete cases, and the country's constitution, let the vibrant such a process. In my opinion, equal protection is a very important aspect, including the right to education, height this is some relates to the equal protection issue, but there are still some problems we can find some opportunities to start, for example the freedom of religious belief, for example the freedom of association, the right is so important, we need to find the possible opportunity, to gradually realize.
   The West there is a procedure called the taxpayer litigation, the taxpayers litigation in the course of the America court rarely receive. Because in the following American that system, the money of taxpayers' final is how to spend, true by their representatives to decide, and is a very open procedures. How to spend taxpayer litigation is for my money, I'm going to court to sue, let the court to review the Council's actions. Then, a procedure that can lift, can gradually make taxpayers pay on how to spend money there is a true story? I think that from a technical point of view, the rights of the taxpayers to more with the actual system in the form of the combination, can let us know how our money is spent. A thing is, it can be solved by a constitutional litigation of constitution, we must move a step.
   I think, whether these two days all the speakers, or discuss the legal circles in recent years, we can clearly feel the legal person seeking constitutional ideals effort. In the middle of such a valuable efforts, we can see a very optimistic about the future. Although I am today some words more intense, but honestly, the legal person should not advocate too drastic changes, because the result of intense change is the social order further loss, so the West there is an old saying: "the silent sound method call". The sound era, the law has no existence value and the meaning of existence. So we don't want this society is too dramatic change, but just at this point, judicial constitutionalism, constitution, through such a progressive model, through such a quiet revolution, enable us to such an old China, gradually out of two thousand years of continuous through the social unrest, through severe turbulence to achieve a social change cycle. This is a goal of our legal people seek, through a professional power to achieve the goal of progressive social change. (applause) thank you

Liu Guiming.
   (a pause) I don't know what to say, also don't know how to thank you! I know the provisions of the action is over, I want to make a summary of the provisions of the action. I think this is not just a constitutional research, this is a legal debate, or even a thought collision.
   Just three professors to our concept of what? What is the Constitution? What is the constitutional government, what is the constitution judicature? I think the constitution is actually two things, the first is to regulate and restrict the public power, the second is the regulation and protection of private rights. In an authoritarian country, law could be the attempt nothing and accomplish nothing, may be a slave; in a democracy, the law is a king, the law will be as a legal person, at the same time, we are also more DOSOMETHINPREVIOUSLYUNRELEASED. I don't know what feelings, you sit listening to these three professors lecture today I think Professor Jiao Hongchang, just because he is now the city people's Congress, he is very concerned about the Hunan mayoral election events. This is in fact an event, it is not only a political event, is not only a constitutional event, might be a social event. Professor Wang Lei just made a lofty supreme position of the constitution, we agree with him; and I think the Constitution in our country should be supreme. Of course, supreme and not put it away unheeded, there should be his purpose. So the "constitution" is actually the judicial organs to intervene in play the role of constitution. In this way, it gives us an opportunity, especially for us lawyers an opportunity. I don't know a century before the Qing period, why Zheng Guofan has a good chance to overthrow the Qing dynasty rule is deeply influenced by Confucian, but Zheng Guofan did not do so? I didn't know that Shen Jiaben and Wu Tingfang Is it right? Beside him, if not him, if is Professor Wang Lei at his side, will you "" he told me, the revolution to overthrow the corruption and incompetence of the Manchu rule, the establishment of a new rule. As for Professor He's speech, I think everyone's applause it all. He described to US Constitutional fate, he made to the Constitution and the fate of the future we are thinking more and more confidence.
   Are now beginning to be optional, as the host, I on the optional some command authority. I invite first is Professor Han Dayuan from the China people's University School of law. I asked where's professor Han Dayuan, Professor Han Dayuan said sitting here, but I still have to offend him. Because of the general students to listen to the teacher, but today I in this position, hope the teachers listen to students. Why speaking? I think there are several reasons for this: first, it is a hotel, I think we should let the camera shot, the hotel name background, to give them a reward; second, our text worker spine may have problems, always turn to is not easy. Of course, these two aspects are not the main reason, the main reason is that the constitution is our patron, I think in the constitution, station may have more power, to speak in front of the background more weight, so I think it should be suggested that Professor Han Dayuan here, if you support me please clap!

Han Dayuan (Professor of Renmin University of China law school):
   Three professors are on the front of the constitution. I want to talk about what is what the constitution, constitutionalism. In the contemporary Chinese, constitution, constitutional role, the fate of the future constitution of prospects and so on, are much talked about.
   I think first about a problem, because we have judges, professors, lawyers, there are also other civil servants. Such an occasion to talk about the constitution, we want to change a concept, that is not to say that we are engaged in the constitution, that we are engaged in the constitution, I do not want to hear this word, first, the "Gao", you're going to Taiwan, for example, we engage in international politics, the students would laugh. Because of this "Gao" is a pejorative, not to engage. So do not make the constitution, this word should be changed. Second, do not engage in Teachers' Constitution constitutional law professional.
   The constitution is all about Chinese constitutional fate, destiny, Chinese law Chinese national political fate of all scholars, all judges, prosecutors, lawyers and all the common responsibility of all, so when you want to talk about constitutional questions, don't always talk about the problem of the field of constitutional law. This is your job, just talked about the civil law issues, I make an eclectic! Civil law is very important, but in our contemporary Chinese, in our civil law, or have worked out the draft of civil code, how much is the constitutional spirit as the guide of some of the provisions is? The basic principle of basic rules, not with the responsible departments under the current constitutional system contradiction? When put forward by our civil law scholars, civil law is the guarantee for civil rights, is the sovereign guarantee, I want to talk about this problem in this context, it is possible that they did not take into account his back is one of his mother law -- the constitution. So, our civil code you much publicity have a worry, worry may affect our constitution heat rising just. Because in my opinion, we pick the civil code is a violation of the objective laws, we find a people's Republic of China civil code in such a short period of time, I think there are at least neglected the technical level of the civil code with a lot of political. There is a spiritual civilization of our constitution, which is the interaction problem. But this interaction is mainly civil law how to embody the constitutional issues, we sometimes don't have interaction with criminal law, civil law, because this interaction determines the civil law, criminal law to listen to the words, why? We are a parent, you are on the law. We now see how many terms of our criminal law with our constitutional spirit contradict. I read an article in Hongkong. The authors said, our criminal law, there is a call of property from unidentified sources, but no other country in the world with intercalated in criminal law provisions of such a crime. This accusation with some principles of our constitution contradictory. What is the property from unidentified sources, also said not clearly, prosecutors also said not clearly, then how can you conviction? So now we law how many laws and regulations, regulations and our sacred constitution contradictory? All judges, lawyers should have a responsibility, there is a kind of obligation. Because in the world all judges, our judges in the face of laws, regulations, rules and regulations of law is considered when you use the constitutionality Is it right?? you have a sense of responsibility of conscience? I must be the constitutionality of laws, legal in the case the parties in the body?
   Today I have brought a material, this is a case that a few years ago I went to Taiwan. Probably in 33. Years, namely 1N4 year, they had a punishing bandits act, it is a special criminal law at. The social security is very confusing, so it is developed the criminal law. But here clearly stipulates the effective date of this law is only a year, but until 1998, Taiwan has been in the use of the criminal law. In accordance with the law are sentenced to death about 247 people, because of this Ordinance which only one kind of penalty is death, and no other terms. The judge or prosecutor, or, a lot of people do not know the criminal law has expired, is the failure of law. This is a lawyer, a lawyer in Taiwan of the Commission on human rights, this regulation has expired found in handling cases. In our opinion this is a ridiculous thing, but now some 247 people have been sentenced to death, how to do? The law of Taiwan impact. So we think what? Think of lawyers in the protection of human rights and constitutional construction play an important role in. Several professors from the constitutional issues mentioned in front of all our life, argues that the constitution is close to our life, let people really feel the value of constitution, this is very important. So, we feel the function of law is very important, and the judge is also increasingly important role. When the constitution was promulgated twenty years anniversary, I in the people's court daily hair an article, the topic is "judges of the constitutional consciousness". I think that the judge should first be loyal to the constitution, constitutional responsibility. The constitution is responsible for the most basic requirement is that you have a constitutional idea, constitutional and responsible attitude. You must have at least a attitude, you use the legal and constitutional consistent? Whether the laws and regulations consistent with the Constitution? There is no explanation right? I think the reason theoretically is very clear, you have to implement the constitution, you don't let him explain, how did he know that this law may be constitutional or unconstitutional? So he must passively, with great care to interpret the constitution. But this explanation is now our system caused by the. In the future, the space in constitutional interpretation should be more and more big, and we should allow judges to interpret the Constitution in the use of the law, of course, we should make some restrictions. This is the first question what I say.
   The second problem, we need to discuss the constitutional protection of civil rights. Then we citizens in real life whether protected? I think we need to talk about a lot of problems, but we have to face the Chinese reality, to understand our people on the right problem is how to read? How to look to the Constitution? How is in real life they rights realization degree? We need practical analysis, need a survey. Spent five months time I and a PhD in my life in 2002, on the China citizens consciousness of Constitution made a survey, the survey results have been published in the "Tribune" sixth period, there is a special relates to the basic rights of citizens consciousness.
   We conducted a survey of about six hundred or seven hundred people, finally officially valid questionnaire is about six hundred copies. Through this investigation we can see that the constitutional right of citizen basic right consciousness, in actual life have not been effectively implemented, the implementation of the effect is very poor. We set up such a topic: the situation of the state organs at all levels to protect the fundamental rights of citizens are satisfied, set five conditions: happy, satisfied, not satisfied, not satisfied, don't know. The five, the result is not very satisfied satisfied 7%, compared with 27%, 29%, not satisfied with the 26%, don't know 6%. That is satisfied, and satisfied add up to less than 30% to 40%, we the citizens of the US authorities to protect the rights of reality or a negative answer. Can't get effective protection, less than 50%, the statistical number of course is not very accurate, but can be generally see the citizens of the US authorities right protection is not very optimistic. In addition, just talking about the election problem, there is a very typical example. There is a problem, understanding of the candidates when you vote for National People's Congress? There is also a 4: very well, basically understand, don't understand, don't understand. The answer is this: that very well 1%, a basic understanding of 16%, do not know much about the 31%, don't know 48%. Professor Jiao we is now the deputy to the National People's Congress, we understand the situation: your deputies NPC what Professor Jiao Hongchang when the mean I don't know, so I belong to 1%. So that the people's Congress is the organ of power, then the authorities have no legitimacy? Depends on your representative process legitimacy, justness, democracy. If this link voters distrust of his words, then you elected office, issued the legal, elected administrative organs, judicial organs, procuratorial organs have no legitimacy, this also is the problem that we should pay attention, we should note the problem. I tell you, on behalf of the constituency, what good things for the community, do some, do a lot of, basically didn't do what, did nothing, not clear, then the answer Is it right?? answer basic do is 2%, some are 1%, basic didn't do what 28%, didn't do what is 41%. The identification of delegate of National People's Congress do what this basically is less than 40% for us. More interesting is, you know that your district people's Congress name? The name of Professor Jiao Hongchang, we know? The answer is basically know. Know this constituency's name is only 2%, all know is 2%, namely three represents inside you know two is 41%, that one is 8%, one doesn't know or don't know is 47%. This means that your district deputies who he didn't know that accounted for 47%, add up, know and don't know the 30% basic.
   Although the statistics of this report is not very accurate, but I think we should see the reality of the understanding of the basic rights of citizens and their basic views, this is what we are discussing Chinese this piece of land on the rule of law, human rights, democracy, constitutionalism should pay attention to the question, why? Because you are in the Chinese this ancient land, in a population of 1300000000, in such a special background, our difficult construction and design, so we should put the law of constitutional law, Chinese, including all of our social science attention to our people, to our reality. Find the value of constitutional government in the real life, and the value to the society, to the society, make the constitution become the citizen life style, living standard. When we the people, in life to truly feel the Constitution when, according to Professor Wang Lei that is sweet, the criminal law is bitter, the civil law is the acid, whether bitter, really have such a feeling, really take the constitution as a living standard time, I want to Chinese constitutionalism will have a good start. (applause)

Liu Guiming.
   Thank Professor Han speech, also thank Professor Han opened a good start for the design China! I want a man spoke long is a level, speak short is a level, so I want to let everyone to talk about their feelings, talk about experience, talk about four professors. Views, such as other professors from Beijing, Ocean University, Shandong University professor and professor from Henan and our lawyers, I think we can all. Have a look everybody Is it right? Can enroll, I suggest to the front, backed by the constitution, based on the experiences in our constitution, and feelings.

Wei Yahua (Shaanxi writer):
   First, I think, today, Liu editor in chief said a very wonderful saying: "it is a show." See the professors made a speech, I feel Yao Ming out, O'neal out, the professors spoke really let me very excited, and heard the wonderful degree let me toilets are in a hurry, afraid to miss the wonderful segment. Especially the professor he, very exciting. I see him very familiar, because he will often appear on "today", didn't I tell you. I often see, you Gang 0 told me, I had to respond. He said the lawyer is doesn't like chaos, chaos is the author of love. I said you wrong, love is a man like Shi Guangrong. Don't fight him, no battle he was not in high spirits, so all he want to fight. Results no place to play at home to play, with his wife, two people playing. In fact, the writer is like a peaceful transition, or hope that the gradual solution gently.
   We did a lot of problems, the problem about the constitutional rights of citizens, I once in a few years ago to write an article, or even to the title of this article has written. But then I had to give up, do not write. I wanted to write Chinese requires the establishment of a constitutional court, although I am not in the law, but I was engaged in politics economic review, so I on this issue is very interested in. I want to Chinese needs such a thing at the time, but later I thought China or not the good things, the Constitution itself and the problems are very much. I later wrote an article, the article almost caused a catastrophe, which I wrote about the constitutional amendment hysteresis rule. I write this article, I think the constitutional amendment should keep pace with the times, in this way, he can bring us many good things, he can let our constitution has the vitality, has the feeling of full of vigour. The Constitutional Amendment when we have to think a constitution what problems exist. That said, the constitution is full of exotic, it only has a history more than one hundred years. But from the Chinese ancient, we found from the archaeological: since the law, law is to stem what, method is used to limit the emperor's power. We can see, the earliest is no law, why and how to establish the law, we often say: "the widdy." He will eat you at any time, we can from the archaeological were found to have it written, oracle bone inscriptions, those words that build Chinese law the oldest is used to limit the power of the emperor, not to limit the people's power, the people have the power to speak of what? We are now only in the establishment of people's rights, we will strengthen the protection of the rights of the people.  '
   On the existing problems, I once said a words, I would say that if we want to one hundred percent in accordance with the constitution to do even the reform will not be. Reform and opening up is how to start from the beginning? Is unconstitutional, from our start in Shenzhen land auction at. In Shenzhen at that time is not money ah, just to national policy, no money, no money but what things do not. City reform is started from the Shenzhen land auction, but the auction of land is not allowed. We'll have a look in rural reform, the rural reform started from farmers contracted land, then the land of farmers land to individual households is unconstitutional! The unconstitutional is dangerous for farmers in the reform and opening up the risk of being killed. We can have a look at some farmers in Anhui in Fengyang wrote that piece of life and death, they are going to jail with a solemn and stirring, "if I go to jail please help take care of my family". They are beginning to rural reform and opening up, the rural reform and saved Chinese field. So we should start the constitution judicial procedure, let it justice, this is very important. I'm not saying it's wrong, but we do need to do a lot of things, including how to make our constitution can become "keeping pace with the times". Applause.

 

Liu Guiming.
   Thank you, Mr. Wei Yahua, the US special invitation to dare to speak to express different views of the writer recently wrote an article, is just about the point of view, in fact it is to be published in the "lawyer" on Chinese entitled "constitution should keep pace with the times" article. Experts we present, in fact there are judges, to a Qingdao's legal studio director yesterday, there is a city intermediate people's court standing vice president, today we have the judge, I want to ask the judge to speak, for example judge training and improve the problem. I think we are very interested in the law. Now please representative training center staff room of Shandong Provincial Higher People's court.

Yin Zhiwen (Shandong Provincial Higher People's court):
   Thank you very much today and "Chinese lawyer" magazine for the opportunity, can make the teachers, fellow lawyers to discuss constitutional problems. Today, I saw this topic, I think this should be the most closely related with the court. This article should be done first by our court, but today is Deheng Law firm lawyers do first. It Is it right? Embodies our judicial passivity?
   I mainly want to talk about two issues today: the first is the citizen constitution right protection. Speaking of judicial reform, we should be how to increase the court thought the constitutional rights of citizens and protected by the judicial reform. The Constitution and judicial reform is a very strong proposition. I think the core of judicial reform is how to establish the judicial power in the country the masses of configuration. The constitution is the main norms of state power and country, between state power and individual rights between citizens, between laws and regulations. But the core of judicial reform is to the organs of state power, to ensure the independence of the courts. You say the rational allocation of judicial power, so first of all we have talked about its value orientation problem. Independence is a judicial, another is to control administrative power, protect the basic rights of citizens. This is the core content of judicial reform. The core content is a fundamental constitutional issues. We Chinese court reform has gone a long way. From the early 90's, we first trial pattern reform. Through the trial way reform, we introduced the western countries some good trial mode. I think the way of reform is a small, then we now conducted reform some judge system, I think these reforms is a smattering of judicial reform, the court again so continue to walk, so the judicial reform will come to a dead end. The next step of the reform must rely on our country constitutional government system reform to promote.
   The second problem is that the administrative proceedings to see the protection of civil rights. I also spent some time in the administrative trial, has been very painful. On one hand, the judge to find the case, find him and difficult, why? Citizens dare not reported, which relates to the basic right of the citizen, his own rights to the constitution to recognize? Know to what extent? In addition, when the court in administrative trial, by some local Party committee's intervention, the relationship between the in fact, it reflects a judicial power and administrative power. So where is the problem? I think, at present, there are defects in administrative litigation are the defects of constitution. The first is the court's status is not independent, whether the status of independent courts, by the court itself reform is not. In order to improve the administrative litigation of our country at present problems. We first start from now must find a way out, expand the scope of administrative litigation, especially the expansion of the scope of protection of the constitutional rights of citizens. From now on, the scope of administrative litigation is confined to the personal rights, property rights, citizens those rights are enjoyed in many other constitutional rights: the right to education, equal rights, religious rights and so on, these are not from the administrative litigation path get relief. So before in our country has not established the system of constitutional litigation other, whether we can consider from the administrative action to expand the scope of accepting cases, through the improvement of the system to strengthen the protection of basic civil rights? Thank you!

Liu Guiming.
   I have to say the constitution came into our life has become our each people the pursuit of fashion and the target, just a writer, a judge, I think there should be a female representative. Professor Si Li from Henan may be a suitable female representative, she worked as a lawyer for many years.

Si Li (Associate Professor of politics and Law College of Henan province):
   My little jasmine this flower, want to give you the last leave a little fragrance. So I want to say. In this I listened to so many experts teach, teach. I think, in my literary and Chinese level which has been unable to find a suitable word to describe me at this time my mood. Some time ago I wrote an article called "people constitutionalism", I make this topic, which has a few words said: "the rule of law is a target, the constitutional government is a process, is an establishment of legal belief and the belief of constitution procedure. In this process, civil rights consciousness gradually awakening, the rule of law has become a common desire and goal, not just nouns jurist and politician. Constitutionalism has gradually become part of people's life, not just the pursuit of humanity of soil. When the pursuit of rights, advocating the rule of law become more and more people's way of life as a part of the time, as a part of the ordinary citizen behavior, constitutional be far behind? "In this regard, perhaps the consciousness of citizens has gone beyond the provisions of the law, this is beyond the traditional public awareness, which is not is the basic meaning of the rule of law? I really feel this is our common responsibility, I will work hard for this responsibility!
   I feel the judicialization of the constitution is not a particularly accurate a definition. Is actually a constitutional application or is the judicial application of the constitution, which might be more accurate. The judicial application of the constitution should be a product of social democracy and civil rights consciousness, should say to have a soil, then can grow into a big tree, we are the soil is very barren, fertilizer is insufficient, it is in a very long time, Chinese society has not formed to promote the rise of constitutional litigation system of social conditions.
   China to realize constitutionalism, requires three conditions: the first condition is general conditions. As a general condition should cover three levels. The first level is the market economy system of freedom and equality. We are now beginning to implement the market economy, has not reached a perfect market economic system. The second level is the freedom of choice on the basis of the formation of democratic political system. I think this is not reached, the people's Congress should be democratic a representative form, is the most democratic form. The third level is the civil society based diversified cultural environment. Three small conditions this is generally in the condition. Now that the constitutional right to the Supreme Court, to the ordinary courts. The problem is, it can control? It can drive? It has also been suggested to set up a committee of the National People's Congress what, then set up a committee of the National People's Congress what outside, it can do? I am skeptical. Because the general condition is not reached; the second condition is the party's self reform. Our party now has made the activities of the party must be within the range of constitution and law of attitude, or that our party leaders have such a mind, but we still lack the corresponding system and behavior, there are some aspects have a system, but it did not form a pattern of behavior. Behavior pattern is to rely on long-term training can develop, so our party bosom, party leaders have in mind, but no relevant constraint mechanism, there is no corresponding behavior pattern, so the second conditions is the key; the third condition is the foundation, formed the basis of all people's constitutional consciousness. In the final analysis, is to establish a constitutional law belief or is a process of constitutional belief, these three conditions, I think there are not available. But now the civil rights consciousness has gone beyond the provisions of our present law. After 20 years of legal education, I think people's consciousness is far more than the official. Because I'm doing the legal adviser of government officials, I feel some understanding of the law on the legal consciousness than people still very far, so I think now is the lack of legal consciousness, the lack of legal knowledge is not the people, but the government officials. For the law indifferent degree, or they don't understand the law degree, they misunderstood the law degree to surprise you, but they usually have bachelor's degree or graduate level of education, but they don't know the law really. Don't know to make you feel like at the beginning of the 80's that kind of feeling. So, government officials need to make, to large classes. If appear this kind of contradiction, the condition does not have, the consciousness of citizens has come up, already high, how to do this breakthrough?
   I think a breakthrough should set up a system of constitutional litigation. So, we can do what? Just like we would like this topic, theory research, practice, exploration on the basis of the research, research in the exploration process, and this is the only. This sounds like very helpless, but I think this is the only.
   Attorney this occupation, is a very good combination, the research and practice of this theory is the combination of very good, I think today organized this meeting should be said is a very lofty, the lawyer has certain theoretical research ability, and good business practice platform, should say this combination can better. The practice of lawyers should be conscious, bold, brave practice, don't be afraid of the society said speculation. The practice of social progress, the meaning is very profound, very great.

Liu Guiming.
   Thanks to professor gave us our jasmine flower fragrance! Please note, Professor Sun Xinqiang from the Shandong University also have something to say. He is so the professor, a civil law, he claimed to be. In fact, he spent many years in the USA, understanding of the USA constitution is.

Sun Xinqiang (Professor of Shandong University law school):
   The constitution, the first law, some scholars think that our country constitutional government, so we have this situation, this is only a superficial phenomenon, have deep institution source behind him. Some people say that our government officials and our common people consciousness of constitution is very weak, I think the problem is just the opposite. Because our official constitution consciousness brilliant, Sun Zhongshan from that moment, he would have a very strong consciousness of constitution, he will use the "provisional constitution" to restrain Yuan Shikai. Yuan Shikai knows the law really badly, so to spurn. He knows the essence of the constitution is to limit the power of the government, so he since then understood the nature of constitution. Look at the constitution of our after liberation, especially the 1975 constitution, a very shameful record in human history of constitution, the basic right of the citizen to the deprivation of all, stay only two or three. Why is this so? Even the 1978 smash "Gang of four" will not improve much. By 1982, if you pay attention to the constitution, it has some historical consciousness with the past continued. When we set the constitutional rights of citizens, is taking the lists of the way, examples of civil rights. And when we talk about the government function of rights, in addition to these rights, and other rights. You can say that our government does not understand the nature of the Constitution Constitution? Consciousness not strong? Their consciousness of constitution brilliant, he knew that once it's true, the government must be limited. So I agree with Prof point of view, we should not only look confined within the scope of the constitution, to jump out, to get out of our social system, our political system. If only the eyes in the constitution, it is difficult to be in the judicial reform breakthrough. We talk about the court independence now, in fact the procuratorate, Public Security Bureau, the courts, they are independent, of course, among the three agencies, the Public Security Bureau seems more power, but to jump out of the circle to see this is not the case. In American bipartisan negotiations, no more than two above, so the work. In Europe, because it is a multi-party system, the Constitution also play a role. Now some scholars proposed to hold a constitutional court or a mechanism similar to the constitutional court, so he has the judicial review power, then the final obstacles you still around but the National People's Congress, still around but the constitution provisions. Every year we both houses have to do report to the people's Congress, the Supreme Court America without making a report to the American Congress, the Supreme Court of Europe also does not need to do a report to parliament, so the basic system we have identified, we not open around this obstacle. Of course, we can also do some study on deep academic, to bypass the barrier.

Liu Guiming.
   On the constitution, a constitutional, we have much to say, to walk the road is also very long, I think today about the seminar on free speech on the end, finally we Shandong Deheng institute director Shao Hu Luan to give everybody to speak a few words of truth.

Shao Hu luan:
   Through our speech just talk about a few impressions. I think, it should be said that the constitution consciousness and our responsibility has seriously put in front of us.
   On the constitution awareness of the problem, should say is not just the government officials, including lawyers and even our scholars. The constitution awareness should be said also marks the progress of the society, the sixteen big central proposed to establish a perfect socialist law system in 2010 December 26th, the new central collective leadership of the first law of collective learning, learning the constitution, which stated, the constitution awareness and the constitution of the learning and application should become an imminent problem. In fact, our daily life and our constitution is closely related to, but unfortunately the things happen every day. For example, I recently and several lawyers can not organize some articles.
   The Secretary Li professor can be gratified is, this time against Ministry of education event is not speculation, not entirely planning, but surely there are planning. Because this thing students from many hotline, I have a good habit, can often have a look at our hotline telephone records, if you do not pay attention to may have missed some hot. Later on I saw, I said the organization research of lawyers, have a look can not tell.
   Recently I and several lawyers, can to the Supreme Court. There is something recently, about the administrative procedure law and the Civil Procedure Law of evidence, the court is a judicial interpretation, fracture problem about the constitutional right to privacy. This judicial interpretation, this is can obtain evidence by some means, including recording etc.. In fact, the judicial interpretations promulgated after, the whole society in the protection of privacy and even in moral level had the very big landslide, take a shower now in the hall, toilets are considering privacy infringement problem, this is a very serious matter. I said to the lawyer recently, can we organize several article questioned the Supreme Court judicial interpretation, because this has constituted a destruction of the basic principles of the constitution, conflict and with some other legal norms, such as criminal law, and the conflict of moral norms. We have been to the city's Director Tan mentioned legislative advice, do not know Tan director received No. Qingdao city should be to develop regulations for protecting the right to privacy. Of course this is Tan director of things, we arranged to have the lawyers organization only. I heard that the South court already has a similar decision, adopted for the first time, tapping the recording as evidence. And don't say as evidence is how to judge its legitimacy, single say the evidence recognized, if fall in my counsel things, we should do what the article.
   In addition to the Beijing branch, although we are legal adviser KunLun Hotel, Beijing branch actually involves a problem, KunLun hotel companies billboard only use English, we mention a few use Chinese logo, he refused to repent, and our customers most don't know English, so often wrong, or can not to. The things we later Beijing branch lawyers say we are their legal adviser, we don't care about.
   As a lawyer, we should have a brilliant future in the constitution consciousness, and I want to begin from me, start from today, from the start of our lawyers. We are all concerned about the progress of the constitution, the constitution. We believe that the proposed in 2010 the establishment of the socialist legal system will be realized at an early date.

Liu Guiming (chief editor) "Chinese lawyer):
   Today, we're sitting here, instead of saying that we are learning the constitution as it is in the study of constitution. That afternoon in December 26, 2003, in Beijing, at Zhongnanhai, in the most worth thinking day, our dear, dear Party Central Committee a new session of the first collective learning is constitution, to the people and legal person be not of the common sort information. Fortunately, I also participated in some working behind the scenes, in the preparation and organization of course, only behind the scenes, and just do a little, not worth about. The title of my speech "constitutionalism from lawyers Chinese to China", I am not what research, can only be said to be a wish and hope. Today we talk about a "constitutional judicature" leads to problems in theory and practice, I think we should talk about a lot, I just combining their understanding of lawyers talk about some topic. I think, the constitutionalism is not only a theoretical problem, but also is more of an ideal problem. "Constitutional government", as the name suggests is a constitution based on the political, the so-called "political", I think it should be understood as a state, an ideal, a process, a belief. If there is no law, constitutional judicature or three candidates to go to Beijing, they will lose the direction, will lose a very good choice of law by the road, so that lawyers in the judicature of constitution or constitutional process they will play a big role. Now, I'll talk about four aspects of "possibility and inevitability of constitutionalism from lawyers Chinese to China".
    First of all, we want to take counsel of positioning.The definition of lawyer positioning analysis, various kinds of. Lawyers from the role, a political role, social role, the role of the market, but I think to be classified may be more science from the occupation's point of view, the existing several Division way:
    A lawyer is a kind of occupation.The lawyer, is what kind of occupation? Is a kind of the original no occupation, of course, scholars talk about Deng ancestor of our lawyer, because Qin during the Warring States period have lawyers prototype. In fact, to tell the lawyer says, the first to talk about is the end of the Qing Dynasty Wu Tingfang. He is the first foreign lawyer qualification Chinese, who had participated in the formulation and the drafting of the Qing Dynasty dynasty some legal, but also when the Qing Dynasty in American first ambassador. In a few days I will go to the interview USA ambassador to China, Mr. Reid, I would like to ask the first question him, might be the problem. Because there is no history of our Chinese lawyers, is nothing China lawyer industry. Now this occupation has been produced, we should consider that this is a result of reform and opening up, so if talking about "the problem of constitutionalism from lawyers China to China" words, we can not avoid the "can not China" history, also is the lawless years. No law has no lawyer, no constitution, no lawyers, no more no constitutional lawyer, so the lawyer is first an occupation. Now many people want to be engaged in this occupation. We see every year to participate in the "law", now called the judicial examination, all aspects of the people, in 2002 the first register for the judicial examination. A total of 360000, although the final exam is 310000, but people who took the exam is really very much. When there is a misunderstanding, so as to why people can as a lawyer. So the original newspaper one ad, "the laid-off workers go? For lawyers to!", which actually represent the society of lawyers a misunderstanding and mentality. But the lawyer is a kind of occupation, is we can not be avoided, the so-called occupation, that can make a living, to make money, also need to establish the brand, this is without a doubt.
    Two, the lawyer is an industry.The industry we can understand so, so a word, I also a little summary of lawyers, a lawyer to struggle, the two lawyers need cooperation, three lawyers need division, four lawyers need to collaborate, five or more than five lawyers need management. Mention management, means that has formed an industry. From the management perspective, now is the implementation of a "two combination" management system, is a kind of judicial administration macroscopical guidance and Bar Association industry management by combining the "two combination" management system. But as the industry management, our present system, experience, ideas, norms should be said are not mature, are divided by an exploration stage, but as a person, everyone in the selection of the occupation, is the industry's image representative.
    Three, a lawyer is a professional.In October last year we held a "second session of Chinese lawyers forum" in Shanghai, our theme is "professional orientation and professional brand". But for society, law is a legal professional, professional master rules, familiar with the rules. Brand in more sense, is only an accurate positioning of the professional, in order to create a professional brand; two is not professional based brand, the brand can be said to be castles in the air. Of course, what we say here, a lawyer is a professional because not what people can do lawyers, can make a good lawyer.
    Four, the lawyer is a career.We have some young lawyers, especially just entering the industry lawyer, the lawyer only as occupation, or just to make a living, often do not see it as a career. However, in the correct practice thought, we should take it as a career. The so-called career, need two aspects, one is the lawyer industry, two is the industry to have an impact on the country, whether in politics or economy.
    Second, we must grasp the law of the function.Function can be understood from two aspects, therefore, Professor Jiang Ping made a scientific division, he thinks, lawyers serve first, then the country. I think it should be divided into five aspects: one is the interpretation function. This interpretation is to reflect the level of your legal professional, for example, the law embodies many uncertainty or vagueness, incompleteness, similar hazards, such as size of the seriousness of the case in criminal law, we should make a clear explanation of the law. In the civil law is unfair, default tort and other similar situations, also need a lawyer to professional interpretation. Two is the early warning function, the equivalent of "fire brigade" role. I said before is on fire, a lot of people in society the law as a fire brigade, which is not fully understood. The lawyer is actually a warning function, the current society is an understanding of the primary stage, is generally believed that when something happens only to find a lawyer to ask a lawyer to sue. The ideal is to reach the advanced stage in fact, that everybody thinks nothing only to find a lawyer, the lawyer is not to engage in a lawsuit. The three is to protect the function. Lawyers in the case may be exempted from being infringed parties, shall be exempted from undue harm, to protect their own legitimate rights and interests. The four is that the function. The lawyers have to do many things, such as the claim against the other bear tort or breach of contract liability, claims against the other criminal or civil liability. Five is the political participation function. This is Jiang Ping professor said "function, which is today we want to talk about constitutional government from" lawyer Chinese to Chinese "lawyer law, that we can have what kind of? What for? How through participation to reflect our wisdom, professional, to make our the rule is more perfect, make our private get more protection?
    Third, we should play a lawyer.The lawyer China towards constitutionalism China on the road, we should give full play to the four special law: one is the eloquence. We all know that legal system developed country politicians, mostly is a lawyer, lawyer, he first have a specialty is eloquence, these politicians to become a people's hero, a great politician needs to talk, to explain his ideas. This requires the eloquence, very good eloquence. Recently, our neighbor, the Republic of Korea, and created a president, the president is a lawyer. Many people will think, what we China lawyer when this role, I think not too far away, probably in 2020, after we realize modernization, young lawyer I think we should place great hopes on the target. Two is the pen that. If you let the withered tree suddenly blossoms eloquence, it should make them, lawyers in addition to writing every kind of litigation documents every day, or a variety of legal advice, he can also write to the governance of the state and government agencies to improve the various opinions and suggestions. The three is the logical reasoning. If a lawyer has no logical reasoning genius, that he might not a lawyer, not a qualified lawyer. Four is the good management. The most adept at managing the country, groups, units of the people, be familiar with the rules, know the law lawyer. We now lawyers industry management is divided into three levels, macro guidance a judicial administrative system, industry management a bar association, there is a self disciplined management law firm. Now the law firms are exploring a variety of management models, this is just a way of reflecting lawyer management talent, in fact, the lawyer management talents in many aspects can be reflected. If a lawyer when national leaders, his management talent is fully demonstrated, so the lawyer expertise in this area is helpful to the realization of constitutionalism, constitutionalism also contribute to achieving the role of lawyers.
    Fourth, we should make clear the aim of constitutionalism.The so-called constitutional, I understand that includes two aspects, one is what is called the public right and private right, public power, supervision, restriction is to limit. As private rights that should be protected, security. If the guarantee and protection is not true, that the state should have a very good program, measures to make civil right protection and relief, the two who is the gentleman who is the villain. There is a saying "after the first gentleman villain", but it is only in the old people say it, in fact in our legislation should reflect this idea. So, we should put all the legislation as a villain, is the rogue, is a liar, but in fact we have legislation to yourself and others as well. Rule of law is how to produce? Because it is in a country, groups, organizations, people want to violate this system, so the laws and rules are created because of bad. So, we are in the formulation of rules, when the system design should think if anyone violates the rules on how to deal with. Then we should think of any one person may violate the rules, but in reality, we often use the people as good. But the true when a citizen does not meet the rights and freedom is restricted, we tend to think of this as a villain, such as the suspect as the villain, in fact it should turn all of the suspects as good. And because in court before they are innocent, so that our country small dislocation in legislation and the good concept, so that our laws and rules have many imperfections, the lack of law and justice of the loss.
   Finally, I want to borrow thirty's writer Mr. Lin Yutang's words to the end of my speech. Mr. Lin Yutang is a writer, but he has a lot of research and understanding of the law. He said, "as a nation, we in the political life of one of the most prominent feature is the lack of a constitution, the lack of civil rights thought, this feature is rooted in a different social and political philosophy, he will be confused of morality, a moral and harmonious philosophy, not a force of philosophy. If a constitution, is that our rulers are some rogue, a liar and a thief, they may breach of privilege to invade our 'right', then we can use the constitution to protect our 'right', however China relevant government concept is just the opposite, we think the government officials is a parent, they practice the policy of benevolence, they would like you to look after their children's interests to look after the interests of the people, we let them to handle all matters, to give them absolute trust, we put millions of dollars into their hands, but never let them report spending, we gave them to the infinite power, but never thought about how to protect their rights, we treat them as a kindly man of high character, educated gentleman."
   This is the famous writer Mr. Lin Yutang on the constitutional and legal very accurate and very beautiful generalization, I take it as the end. Anyway, today the content and the effect of speech, but this quote must be the best.

   Thank you! Thank you experts and scholars! Thank you for leadership! Thank you today the lawyer colleagues!

 

 

                            

Deheng Law Group hosted the second session of the constitutional rights of citizens

The theory and practice of Judicial Protection Seminar

 

 

10 years later in January 20, 2013, almost the same

 

2013Years1Month20DayTo commemorate the current constitution, promulgated and implemented30Anniversary, but also to review the legal occupation people all sorts of exploration on constitutional judicialization process in recent years, Deheng Law Group at the Litian Hotel in Qingdao held a "second session of the constitutional rights of citizens of judicial protection theory and practice seminar".

This is a ten years of looking back activities (2003Years1Month11Day, Deheng Law Group has hosted "the constitutional rights of citizens of judicial protection theory and practice seminar" in Qingdao Hai Tian Qingdao Hotel), the seminar by Chinese lawyer's old friend, "democracy and the rule of law" magazine editor in chief Liu Guiming and Beijing DHH law institute director Jiang Qi lawyers co hosting, Deheng Law Group Executive Director and senior partner Yang Peiyin Hu Ming the wind and rain -- "2003Years of civil rights judicial protection theory and Practice Conference Review "and" three students sued the Ministry of education agency documentary "speech, Deheng Law Group Director of the legal department of Geng Yan made" Retrospect and prospect "China judicialization of constitution ten years the theme of his speech. From the Law School of Peking University, Professor He China constitution Institute Vice President Professor Wang Lei, Professor Sun Xinqiang of the Beihang University, the Shanghai Jiao Tong University professor Shen Wei, Professor Wang Shengsong of the Qiingdao University, the Henan University of Economics and Law professor Si Li, Professor Wang Shiqing of Qingdao University of Science & Technology, Shaanxi scholar Wei Yahua and Deheng Law partner conference chairman Shao Hu Luan, experts and scholars, put forward by the Secretary General of the Xi Jinping respectively around "managing state affairs according to law" and "ruling" speech, with equal civil right to education, the petition on the visit right, press freedom and other constitutional rights judicial protection approach to discussion, and issued a Chinese innovation characteristics of the constitutional review system and the establishment of the Constitutional Court of appeal.

    China Youth Daily, Legal Daily, weekly, rule of law, democracy and the rule of law Chinese lawyer magazine magazine and dotting the network as well as the Shandong Province, Qingdao city media reporters to be interviewed, from a dozen provinces and cities are taking part in "moral and legal alliance" related meeting, more than 50 well-known firms director, partner and lawyer Deheng Law Group are visitors. One of the seminar is Deheng Law Group was founded twenty anniversary celebration series.

2001Years8Months after the matriculation, facing the Qingdao examinee issued a "study as hard questions about why, admission and Beijing, be totally different", derived from the major responsibility of legal occupation people keen insight and safeguard the constitution, Shandong Deheng Law firm lawyers Luan Qian, he appointed Jiang Yan, Zhang Tianzhu and Qingdao reference to the highest court sued the Ministry of education, on the constitutional equal right to education to litigation rights, as a focus China even international,This event is called by the media Chinese constitutional judicialization icebreaker.

2003Years1Month11DayToday, the invited He Weifang, Han Dayuan, Jiao Hongchang, Liu Guiming, Li Shuzhong, Wang Lei, Si Li, Sun Xinqiang, Li Xiaoming, Wei Yahua and other digital Chinese constitution everyone gathered in Qingdao, held a "(the first) the constitutional rights of citizens of judicial protection theory and practice seminar". The spirit of the great ideal to defend the constitution belief and safeguarding the constitutional rights of citizens of the people, law and Deheng Law together practice case analysis on "three students sued the Ministry of education", the theory and practice of judicial protection of the constitutional rights of citizens, speak in excitement emotion, where, in order to China contemporary constitutional history on wrote down a thick and heavy in colours.

Seminar was paid close attention to domestic and foreign media and the social from all walks of life. Shortly after, the Ministry of education to reform of college admission system; the courts at all levels around the beginning of reference case China constitution, constitutional judicature history ice began to melt.