From the "constitution" America making our differences - the paper as a reference

From the "constitution" American formulation process, we can see that the game is: political interests; good politics is all kinds of interests balance. America is great, great, thanks so after a game, and then a variety of compromise of interests balance "constitution", and strictly in accordance with the "perfect" constitution established political system.

Contrast the Americans developed "constitution" the thought idea, we should have the following points need to reflect on:

A,The rights of citizens first.In the view of America convention delegates, the right to life, liberty and the pursuit of happiness is God given unalienable Rights (transfer). It is in order to secure these rights, governments are instituted. If you can not guarantee these rights of citizens, people would rather not government. The basic idea is that Americans (we once were "individualism"), this is Mason, refused to "constitution" sign, is also Mason's advice to get response in many states, and must increase the "reason" of the bill of rights. So although they have no alternative against one's will set up a government, but it was many restrictions. "Bill of rights" first, requires that Congress shall make no law establishment of religion, or limit the freedom of religious belief, freedom and rights legislation depriving citizens of speech, press, assembly, petition, or even explicitly, Congress shall deprive people of the right to own guns. So, anyone trespassing, house owners have the right to fire in self-defence, killed the intruder is a self-defense. In this way, the people's rights are fully protected, how can people not really love this country? And here we always emphasize that the interests of the state, the collective interests, and not pay attention to personal interests; or even ignored, extrusion of personal interests, often require people to the care of small home care everyone, the overall situation. Results of individual interests often by the public power abuse, and even some human interests under the guise of public power infringing upon the interests of the citizens, such as forced relocation is currently the interests of developers and exercise. And American contrast, democracy and nationalism or significant legislation.Chen Duxiu said: "we love the country for the people's well-being, rather than people to make sacrifices for the country".

Two,Do not believe that the "great savior".America convention delegates think everyone is selfish, who mastered the power could power. So, they are set up for each position with great care limited. Even with their "father" Washington is the same, they chose to Washington, but Washington during the war of independence merit, also because Washington had no children, so don't worry about him to hereditary. Franklin once said, the first is placed at the helm position (president) of people can be a good person, the subsequent how, only God knows. So, they don't because Washington achievements, character, and give the president the power without constraint. And we? "I hope the stars, the moon I hope, I hope a red sun", not only willing to put all the power to him, even when his children. The results were enslaved, maltreatment, being invaded. In fact, Chinese dynasties emperor is very wise, because he knew that the former destruction, so he restrained himself, but he can not guarantee that his descendants would like him, so every dynasty eventually get out of hand and perish corruption to tyranny. Can be said that each person egoistic, greedy to enjoy the nature is the same, can not be changed, no restriction will do as one pleases. Is the founding emperors wise, beginning when he began to reign, also sober minded; later, there are a lot of becoming nature desires control and bad. Tang Taizong later lived in luxury, Dajian palace, Wei Zheng was discouraged and want to kill Wei Zheng. So, Americans are the fundamental reason suffer disaster avoid tyranny of power vigilance and reason. But we still have a look those hair chaos, "left" are still making "red sun" myth, still looking for the new "red sun", not only Bo Xilai may become hair left their "red sun", Li Hongzhi also will be some "red sun", many people know I have so far don't believe in yourself, no rational mind.Hu Shi said, "now some people say to you: 'sacrifice your personal freedom, to seek national freedom!' I say to you: 'for your personal freedom, is freedom for the country, for your own personality, is the national struggle personality! A nation of freedom and equality is not a group of slaves built up!'".So, we to democracy, the rule of the road is still long.

Three,There is no "Qiufu" complex.From the "constitution" and American "bill of rights", not a "rich" or the deprivation of the rich property spirit. In fact, because of the delegates the constitution are the property of the people, they will not agree with the government or other what organization freely deprive their property; they have strong demand to increase the "bill of rights" is out of their own property protection concerns. In fact, "bill of rights" is not only to protect the property of the rich, the poor also protects the property can not be violated, which is to mobilize the enthusiasm and creativity of the Americans, and then bring fundamental reason for the prosperity of the country. However, in our country there is "kill the rich", "rich" psychological, first, our party is relying on "Shi Hao, sub fields" slogan, arouse the enthusiasm of broad farmer revolution took power. However, if everyone is because the "rich" and the support of the government have stripped the rich property of the power of words, then the poor will also suffer, the property may also be taken away at any time. In fact, our party to "field" so that the majority of the poor to revolution after coming to power, immediately to the "movement" of socialist transformation deprived the poor just part of the land, and finally became the real proletariat, have to accept "disobedient shall not eat" fate. Now, the government deprived "millionaire" clap hands for joy, but their rights are deprived of the more serious problems. Because the rich can afford to bribe officials to avoid being deprived of or less deprived, even with the officials collude with money; and the general without the right to no money of people is free to take you to did not discuss, such as forced relocation and other typical self Immolation, Dutch act, you can't stop. If we're not with "the local tyrants, can share Tian" ideas, like Americans will not allow the government owns deprive any person (whether poor or rich) lawful property rights. The majority of the poor will eventually hurt? You might think the rich money illegally, not legally. However, if the legitimate property of the real line of anyone not sacrosanct (government can not be violated, other person (rich) dare to invade?) Any one of the rich, shall not be infringed the premise to get other people of the property can not legal? For example, the current commercial real estate development problems, if the force of government not arbitrarily deprived of any property, developers can not by government forced relocation and profits, developers will have to be the real master of equal consultation and. The developer wants to succeed must meet the owner's request; if the requirements are too high, developers feel that is not worthwhile, he no longer development. It would have set themselves on fire, Dutch act event? Therefore, only limited government arbitrarily deprive any person of property rights, so that each person's legitimate property are adequately protected, it does not appear in collusion, won't appear illegal profiteering, corruption will not appear. Therefore, we must first eliminate "ShaFuJiPin" own dipping psychological, not to deprive any person of the legal property of government power, their own will not hurt.

Four,Pay attention to decentralization.In order to realize the limits of power, USA convention delegates non attention decentralization. Not only the implementation of legislative, administrative and judicial separation of the three powers, restrict each other, balance, also to have the legislative power of the parliament is bicameral, discrete, the Congress is divided into two chambers of Congress and senate. The Senate is not divided in Pennsylvania, two seats each state, to achieve equality between States, while also restricting possible populism of the house of Representatives, to prevent the emergence of "majority tyranny"; the house of Representatives by population size distribution, in order to control the Senate, but also prevent the emergence of the nouveau Riche and the elite dictatorship. Each act out, would have to pass both houses of the2/3Members of the. So from all aspects of effective decentralization, so as to control the balance of interests and power. And here we are opposed to decentralization, emphasize centralization, stressed that the Secretary of the Party committee "members" of leadership. Centralization is able to improve efficiency, but also can lead to mistakes in decision making serious and waste a lot of resources. Such as some large so-called popular project and held throughout the what "Festival", do not know how much wasted taxpayers' hard-earned money. Because there is no separation, no one can control.

Five, not part-time.Through America constitutional process we can see, the representatives of the members can be in government part-time when heated debate. Party members in fear of legislation and law enforcement, power; a fear of the waste of talent. The results argue, federal lawmakers may not serve as a term set or raise the federal civil service. The members can when state officials, setting a term or not before the officer can be. But is not allowed when the term set or a civilian (military attache can), is mainly to prevent the abuse of power, in order to prevent members of official use legislation set up many positions, or give an official salary, then to be. Therefore, members of an official, must be vacated seats; officials as members, must first resign. This is a guard the delegates on the selfishness of human nature. So, these detailed measures, effectively prevent the occurrence of "power" problem. However, we here, officials a large number of part-time deputies, CPPCC members. Officials said NPC and CPPCC part-time as members and representatives of80%Above, we participate in the deliberation and administration be confused, or is their own ruling on their own,. So, NPC and CPPCC has basically become summary tables, will. As for the supervision and restriction, basically become a mere formality.

Six,Pay attention to the program."The greatness USA constitution", lies in the concept of "freedom, democracy, equality," these rational into an operating system, a set of feasible program. Through the separation of legislation, law enforcement, judicial three right and balance, to achieve effective power restriction. The Senate and the house divided, implements "the Democratic majority" and "minority" two principles of coordination, balance. Through the "electoral" presidential election to circumvent the presidential and parliamentary collusion by chance, lawmakers and officials not part-time measures, effectively prevent the lawmakers and officials may require. Through the "bill of rights" limits the power of the government, the effective protection of the rights of citizens. Americans pay attention to program settings, the rights embodied through the strict certain legal procedures. And we will not pay attention to procedural justice, procedural justice as a joke or to fool the people. For example, the election of executive (president, governor or the governor, mayor, county magistrate), the delegates first opposed by the parliamentary elections, they fear by the parliamentary elections executive, will cause the executive subject to parliament, not independent, can not play the role of balance parliamentary control flat. The second is opposed by the people directly, afraid of people's judgment Co., easily bewitched by radical, extreme thought. Americans worry is not without reason, before this, a mob French Jacobin leader as a mirror; then the German people on the Hitler "fascist" fanatical support as an example; now there are Thailand "Red Army" in his letter, use a bit of petty, can also win a considerable part of the voters of his corruption tolerance and enthusiasm; from our "Maoist" are still on the "wise leader" irrational fanaticism, can prove this point. So, American constitution delegates "electoral" election way, namely by the people of the several States, elected "election" ("electoral quota and states" in Congress, house of Representatives seats, followed by equal) "electoral" election of the president. In order to prevent the election campaign to be controlled, implemented by the States "voters" in the state of "Central Election"; and in order to prevent states only anthology, candidates, and each state must select two candidates, one must not live in our state. So through strict procedures to achieve the election fair. Look at usElection, are assigned by superior, "people" represented by a show of hands. Some officials without a local "people's Congress" election sent to the "generationXLong "; some officials just elected local" people "on the" what ", working time is not long to be transferred to another post; some superior appointed by the local" people's Congress "is not selected, superior to pursue the so-called" Mastermind ", finally will catch some" scapegoat". What is so we "election". Problems and protect the right of criminal suspects. The provisions American "bill of rights": no person shall be compelled in any criminal case to be a witness against himself (Fifth Amendment). There is widespread, torture and forced you to testify against himself, and to extract confessions confessions as decision, so produced many miscarriages of justice, such as Nie Shubin, She Xianglin, and is also a policeman Li Jiuming (visible police also survive the torture). American "bill of rights" provisions: the accused should be informed of the prosecution facts and reasons; have the right to obtain evidence in its favor; accept the defense lawyers to help right (Sixth Amendment). There exists evidence of selective choice, not to adopt the parties evidence, such as the Shanghai no principal accomplice trial, entrapment case, Chongqing lawyer Li Zhuang case. Also, we generally think of lawyers as "for the bad guys speak", the government is the "lawyer" "human rights lawyers" as "troublemakers" "hostile", looking for an excuse to lock them up. Especially the people in the government propaganda flicker, generally think that lawyers "commit the most heinous crimes deserve one's punishment" "". The provisions USA "bill of rights": without due process of law, any person of life, liberty, property is not affected by deprivation; without fair compensation, private property shall not be taken for public use (Fifth Amendment). In times of peace, without the owner's consent, any soldiers occupy houses; in time of war, in addition to the way of law, also may seize (Second Amendment). And here we are, the government wants to what time what time syndrome syndrome; how to sign how syndrome; to compensate how many lose much, don't even pay you, you agree not to forcibly removed. From the above comparison can be seen, Americans are paying attention to legal procedures, they are protected by a system of strict procedure to realize the rights of the citizens, the realization of social fairness and justice. "". In contrast, our rights are not protected, our society is the lack of "fairness", is strictly abide by we do not pay attention to improvement of the system and procedures.

The above is comparative analysis of Sino US legal problems in my simple thick lines, is not thorough, not in place, and even many fallacies. But as the statements of a school, I hope to inspire you. Of course, please. Let us together for the realization of democracy, rule of law goal.