Wu Min: how to understand the constitution of ruling power is granted and define / China need what kind of world view?

Reprint

Wu Min: how to understand the constitution of ruling power is granted and definition

Authors: Wu Min

Source: author gives manuscript

Source date: 2011-9-28

People generally believe that the constitution of our country, the empowerment of the ruling Communist Party of Chinese, that is to say the Constitution gives the ruling Communist Party of China direct management of state affairs. This is actually a very harmful serious misunderstanding, should come out as soon as possible from this misunderstanding.

Status and authority on China Communist Party that Party organizations at all levels in the political life of the state, since the establishment of new China has formulated four constitutions respectively have different provisions:

　　1954The only in the preface that the Party leadership in the united front of, no regulation of the Party leadership in the whole country, nor shall Party organizations at all levels in the political life of the state authority.

　　1975The constitution is to develop very unusual year in "ten years of catastrophe, the Great Cultural Revolution" of political situation, it not only recognized in the preamble and general principles and provisions of the Party leadership in the political life of the whole country, but also provides the specific duties and powers of the Central Committee of the party, is the military leadership and authority, the National People's Congress leadership, Prime Minister nomination. As for the Party Central Committee shall follow the procedures to exercise these powers,1975Years without any provisions of constitutional law, which left a large free space.

　　1978Constitution about the legal status of the party's rules and1975Constitutional basic consistent, but in terms of the Party Central Committee of the National People's Congress to remove the leadership, still retained the military commanding power, Prime Minister nomination and other important functions. The same1975The same year the constitution,1978Constitution does not require the Party Central Committee exercise the functions and powers of the program.

　　1982The existing constitution formulation, on1978Years constitution has greatly modified, but confirmed that the Party leadership in the political life of the state in the preface, no provisions of the Central Committee of the party authority(Of course, nor shall exercise its functions and powers of the program). Especially important,1982Years in the general Constitution clearly stipulates: "all state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law. All activities that violate the Constitution and laws, must be investigated." "No organization or individual may be beyond the constitutional and legal privileges". This is a great progress, because, here called "political parties", "any organization or individual", should be included Chinese Communist Party and its leaders at all levels of the organization and. But, who will be?The program to be?In what ways and means to pursue?If any organizations or individuals actually have and exercise "beyond the constitutional and legal privileges" how to do1982Years of the Constitution does not explicitly provided. For more than 20 years, the National People's Congress has to1982It was the four major changes, but failed to solve this problem, this is not a major omissions and shortcomings. It is because of the omission and regret, therefore, should have the authority of the Constitution and the law has not truly deterministic, practical, operational organization. The same,1982Years held by the party's twelve big in the Party Constitution clearly stipulates that "the activities of the party must be" in the Constitution and law, but also a gap in the organization of the actual, resulting in this very good provisions in the real political life is difficult to be effectively implemented, to a large extent a mere empty pale, nominal slogan.

So, how to correctly understand the leadership of the Communist Party of Chinese prescribed in the Constitution?

A Chinese Communist Party leadership in national life, has been the four amendment1982The constitution specifically stated in the years in the introduction of a total of two.

The first paragraph: "China the victory in the new democratic revolution and the socialist cause of achievement, is the leadership of the Communist Party of Chinese China people of all ethnic groups, in the Marx Lenin doctrine, under the guidance of Mao Zedong thought, uphold the truth, correct mistakes, overcome many hardships and dangers and made."

The second section: "the people of all ethnic groups in Chinese China will continue under the leadership of the Communist Party, in the guidance of Marx Lenin doctrine, Mao Zedong thought, Deng Xiaoping Theory and the important thought of 'Three Represents', to uphold the people's democratic dictatorship, adhere to the socialist road, adhere to the reform and opening up, constantly improve the system of socialism, the development of the socialist market economy, the development of socialist democracy, improve the socialist legal system, rely through one's own efforts, work hard and perseveringly, and gradually realize the industry, agriculture, national defence and science and technology to promote the modernization, material civilization, political civilization and spiritual civilization coordinated development, to build China into a prosperous, democratic, civilized socialist country."

In the two section of the first section, is the "past tense" review, is the leadership of the Communist Party of Chinese from summing up the historical experience and Perspective;The second section is the "future" outlook, from the completion of the national socialist modernization needs perspective of leadership of the Communist Party of China. The two section about the leadership of the party, elaboration, has obvious principles and political power of the country, not the specific configuration, not given China Communist direct management of state affairs. In all the interpretation of the current constitution of our country "text" is the master and chapter one to chapter four is configured on the state power, no mention of the Communist Party of Chinese. Therefore, it is clear that, the current constitution of our country no national power Chinese Communist party.

The Constitution does not state power will be given China Communist Party, did not affect the Chinese Communist Party leadership as a ruling party. This is because the party's basic theory, basic line, basic program embodied in the Constitution and the law, two is because the party recommended candidates in accordance with legal procedures as the main leaders of the countries of central government organs. Can say, with this two, the Communist Party of China is be worthy of the name of the ruling party.

The basic principle of the Marx doctrine that the theory of parties, the ruling status of the party does not mean that the party organizations at all levels must be above the state organs at all levels, the actual, concrete, directly to the master and the exercise of state power. Mistake has a long history of international communist movement of the party and government are not divided, the Party of origin in October after the revolution, especially the excessive concentration after the death of Lenin set up by Stalin. The power of the "Soviet model" political system, completely contrary to the socialist party theory of Marx, is actually to the ruling status of the Communist Party was seriously weakened and damage, which have been proved in the practice of the international communist movement. Communist Party of national subjugation and Eastern European Communist Party lose regime of the tragic ending, ruling way is mainly composed of Party and government are not divided, the party system and political party to exercise the state power directly buried.

Even though the Constitution gives the China Communist Party to "leadership", so, strictly, accurately, the leadership should belong to the realm of politics, is essentially a political authority, political resources and political authority, not the master and the exercise of state power. The party's political authority, the political resources and political authority, force is different from the state power and the universal binding force, and the main performance for the broad masses of the people's political power, political persuasion and political influence. Hu Jintao in celebration party85Anniversary of the speech clearly pointed out: "public support, is the touchstone for testing whether a party is advanced." "The foundation of our party in the people, people, people in power in the blood. Maintain the flesh and blood ties with the masses of the people, our party is a magic weapon invincible, is our party maintains advanced sex of magic." This means that, the leadership of the party is dependent on the flesh and blood ties with the masses of the people, because the flesh and blood ties and the representative of the advanced productive forces, representing advanced social system, the representative of advanced culture, representing the fundamental interests of the people of the "advanced", is the people wholeheartedly, be willing to trust in the party, support and support, not directly to master and the exercise of state power to the people, the social and political organization, the organs of state power, to any country activities of political life and social economic coercion and domination.

Of course, as the masses of the people and the Chinese nation "vanguard", as the people in a certain historical period for the completion of the specific historical task of a "tool", a part of the sovereignty of the people China Communist Party for the people's Republic of china. However, the party can't replace the sovereignty of the people body, can not exclude as in most other people's sovereignty subject most members and high above them. China's Constitution clearly stipulates: "all power in the people's Republic of China belongs to the people. The National People's Congress and the local people's Congress is the highest organ of state power." This clearly shows that, the party's political leadership is the political authority, is not the same people's sovereignty and the national political authority power are even above it on special powers, super power, unlimited power. Hu Qiaomu said: "the party is the leading force in the country and the people, but it does not override the state and the people." Deng Xiaoping speaks more clearly: "Party leadership responsibility is placed on the political principles, not arranged, not they interfere in, not the party power above everything else. This is the 'ruling the country by the Party' opposite policy." "Caucus is not beyond the government power, no separate orders indicated power, all its resolutions, only through government by force. In opposition to party a second government error." Deng Xiaoping said, "some of our comrades misunderstand party advantage, that party members arranged is absolute advantage, do not understand the real advantage in the support of the masses. Built in power is unreliable." "Confirm that the concept of the party, is to confirm the party not beyond the masses on the power to the people, is to confirm the party did not implement the gift, arranged, coercion to the people's power, is to confirm the party not in people's heads lord it over others power." "The leadership of the Communist Party is qualified or not, depends on our party's ideology and work style."

The provisions of the Constitution and Deng Xiaoping's theory is very correct. However, due to some historical and practical reasons, so far, we have not only far from the provisions of the Constitution and Deng Xiaoping judgment system of law, but also the Deng Xiaoping severe criticism of "ruling the country by the party" as something right to insist on. From the present's actual situation, Party organizations at all levels directly to master and the exercise of state power is the beginning of the reform and opening up more serious. In recent years, official corruption, the gap between rich and poor phenomenon is more and more serious, the most fundamental reason is the highly centralized state power in the party organizations at all levels especially the Secretary, as the one billion three hundred million people's state power owner and the organs of state power is completely without the ability to supervise and control the real effective. Therefore, strictly follow the correct specification of the constitution of the leadership of the party, conscientiously Deng Xiaoping has been practice correct thought inspection, and resolutely overcome regardless of Party and government, government mistakes leadership, resolutely eradicate the "party power above all", "ruling the country by the party" and "National Party's legacy", is the most important task for the reform of the political system at the present stage. If you do not take on the task, not to return to the correct leadership of the Party of normative constitution, but in the "yidangzhiguo" wrong on going, let the supreme constitutional actually reduced to a few pages of paper, then, is not only the great cause of socialist modernization construction may not succeed, but also may cause severe disaster of global sex.

Wu Min: China need what kind of world view?

Authors: Wu Min

Source: author gives manuscript

Source date:2011-6-23

World outlook as the fundamental views of the world total, on people's idea and practice behavior has the basic guiding role, decisive. Because of people's cultural background, experience, social status and observe the problem from different perspectives, so formed a different view of the world. The world view of a people has the distinct characteristics of the times, people in different ages, different world view. Any kind of ideology or ideology, has its inherent spirit support as world outlook; replacement of any age, is bound to lead to discard all old and new world outlook. The modern world has entered the era of globalization, the contemporary Chinese is entering a new era of history reveals the civil rights. In the face of this new era, is in the process of modernization of the joint or crossroads China needs to initiate what kind of world view? I think, the following aspects should be pay attention to --

A universal value, identity, into the main trend of modern human civilization

As the first sign Chinese signatory states of the "UN Charter" stressed "freedom, equality, human rights, democracy" and other concepts, was created the mankind's spiritual wealth, is leading the development and progress of contemporary world of universal values. Embody and carry forward this universal values of human civilization development main trend, created in just one, two hundred years of material and cultural wealth, more than the sum of all ages past, wrote a history of the development of human civilization8000The magnificent years most proud of.

Freedom is the core of universal values of modern civilization, is the soul, publishing, religion, speech, association, assembly, movement and demonstrations and rights as a concrete manifestation of freedom. Human rights is the innate right, the protection of human rights is the government's primary goal and the foundation of public power legitimacy; the world of every individual, regardless of social status, occupation, economic status, gender, race, color, religion or political beliefs have what different, equal in personality, dignity and rights. The basic content of universal value, have been written out after the reform and opening up1982The new constitution and its amendments. However, because the influence of "left" and the residual "unspoken rule" is more and more obvious, the constitution of these regulations basically still remain on paper, far from becoming reality. The Constitution affirms these universal values, in recent years even to the mainstream ideology by some senior people s harshly criticized. The world is not without regret to see, the reform and opening up30Years of China, a certain extent, free the main trend in contemporary world civilization development outside.

Some people put a universal value as the western capitalist countries "patent" and be fierce rejection and denial, often said "not to engage in the West that a set of", this is not a scientific, rational attitude and practice. Chinese ancient Taoist fantasy "Butterfly", advocated by the Confucian "make no social distinctions in teaching", the call of "universal love", contains "liberty, equality, fraternity original embryo". This indicates that, the Western civilization and Eastern civilization, is a kind of many of the world's special culture, the universal value is various special civilization in the total coincidence part sharing, is the basic value of mankind's peace and development. Moreover, the universal value is not a static set of elements fixed, but with the changing times and more civilized intervention, has been in a process of continuous construction in. Hu Jintao2005Years9Month4DayIn honor of Anti Japanese War and the victory of the world anti fascist war60Anniversary of the speech clearly pointed out: "this victory, saved human civilization, the history backwards, the basic value spread freedom, democracy, equality, justice, peace". He and Prime Minister of Japan Yasuo Fukuda2008Years5Month7DaySigned at Tokyo's "Sino Japanese joint statement on improving" strategic and cooperative relationship and said, to "further understanding and pursuit of the international community recognized basic and universal value". Wen Jiabao2007Years3Month during a session of the National People's Congress reporters also stressed: "democracy, legal system, freedom, human rights, equality, fraternity, are not unique to capitalism, this is the whole world the common achievements of civilization made in the long course of history, but also the common pursuit of human values." Obviously, the universal value is crystallized in the era of globalization in the ideology of globalization, is to create a common development of human civilization and spiritual wealth. Recognition of universal values, as soon as possible into the mainstream of civilization, is the proper choice of countries and national development conform to the trend of the times.

Two, the state power to the will of the people as the basis, to the people's interests and happiness as the goal

The will of the people is the foundation of state power, all state power belongs to the people, every member of society have directly or through freely chosen representatives to participate governance rights. The state power if harm the people's security of life, liberty and the pursuit of happiness, people will have the power to alter or abolish it. The people are the main body of the country, the national service to the people, the existence of government for the people.

In order to realize the aim and purpose, we should strengthen the social control of state power, weakening the state machine. Engels said: "the state but is also the largest a scourge of proletariat in the fight of the ruling class struggle after the victory of the inherited".[1]The state machine is out of phase with a and social forces in nature, must implement the separation of powers, strengthen the social supervision and restriction on state power. People need is gradually weakening and disappearance of the country, to gradually "take on social support parasitic neoplasm and hinder social development -- 'power of all countries' has been swallowed back to the social organism"[2].

Secondly, in charge of public power must be elected by the people, the election can be replaced by the electors. In order to prevent the state and state organs work by "public servants" into "social master", to make all the important position in the exercise of public power to a popularly elected people as, but voters may be replaced at any time by the voters. "Every bean has its black.", anyone can not be completely divorced from the animal and selfishness, in charge of public power instinctively latent possibilities and dangers of abuse of public power. To prevent the alienation of public servants is superior to society's rulers, must be on their right to appoint and dismiss firmly in the hands of the people, the incompetence and malfeasance are recall and replace.

Once again, cancel the official privilege, so that they only receive the equivalent of middle income earners pay social. In Chinese history, "promotion" and "rich" are often closely linked, officialdom as market, politics is just only a more lucrative business. Many officials talk of "serving the people", is actually to enjoy privileges and from the people there plundered the wealth. Take strict limits on pay civil servants, to ensure the material interests and the public in general equilibrium.

In addition, must be social ideology, education science and culture with the state power are separated, the state power must not interfere with the development of social ideology and education of science and culture and the creation of. The social ideology and education, scientific and cultural undertakings liberated gradually from the traditional constraints and the intervention of state power, according to its own internal rules to ensure the normal, healthy operation and development.

Three, pay attention to balance and harmony between man and nature, promote the healthy development of ecological civilization

Ecology is the relationship between the fingers between the biological and biological environment and existing state; ecological civilization refers to the sum of material and spiritual achievements of human follow the harmonious coexistence between man and nature and achieve, refers to a kind of new cultural ethics. So far, human civilization has experienced the primitive civilization, agricultural civilization, industrial civilization three stages. The global ecological crisis caused by industrial civilization that it would not be possible to continue to develop, mankind must open up new forms of civilization that ecological civilization to extend their survival and development. Ecological civilization connotation to build low carbon, sustainable patterns of production and consumption, in order to guide people on the path of development sustainable, harmonious perspective. It pays attention to and emphasis on people's consciousness and self-discipline, and emphasized the human and the natural environment of interdependence, mutual promotion, coexistence between harmony and development, the pursuit of human and ecological.

The same ecological civilization and agricultural civilization, industrial civilization, is advocating the development of productive forces in the process of transforming the nature, constantly improve the people's material life level; difference between them lies in the extreme importance of ecological civilization, ecological, pay attention to the protection of the ecological environment, we must respect, love and protect nature at the same time transformation of nature, must not be arbitrary, blind foolhardy.

Transformation of civilization requires fundamental changes in social economic and political system. Ecological civilization as the transcendence of the industrial civilization, represents a more new human civilization advanced, and the socialist ideology has consistency and internal unity. Ecological civilization reveals a new direction for the socialism, socialist system provides reliable guarantee for the ecological civilization, the ecological socialism is the proper meaning of modern socialism topic. The principle difference between it and the traditional socialism is: first, the contradiction of age pays attention to different. Traditional socialist contradictions of productivity and production relations, economic base and superstructure, pay attention to social class contradictions, the contradiction of ecological socialism more concern for people and nature. The traditional socialism to some extent to achieve their goals at the national level, ecological socialism goal must be to achieve at the global level. Second, the pursuit of different system goals. The traditional socialism is superior to capitalism in pursuit of economic and institutional, ecological socialism is to construct a beyond different principles, the principle of sustainable development of economic and political system. Third, the social forces of different. Relying on the traditional socialism or the working class and the masses of the people, or a certain class and group of voters, ecological socialism rely on is the spirit of democratic consultation and the multicultural principle of value between different groups, different parties and even different countries under the equal dialogue. The fundamental goal and tenet of ecological socialism, is unremittingly to promote the construction and development of ecological civilization, health forever.[3]

Four, from nationalism to cosmopolitanism

Nationalism is the modern times gradually on the rise of national sovereignty, national interests and national security theory, the value of refuge is national, it considers the state justice beyond doubt, and in the interests of the state as the standard, the requirements of the national foster patriotism, sacrifice personal interests as the interests of the state, for all the independence, sovereignty, prosperity of contribution to the nation's own. The state, national and international social basic unit period still need in the human society, the state is the main distribution of social resources and values, is the main management of social production and life, is the main guarantee of social order, in international relations is the most basic behavior body, obviously its basic function and the axis status, nationalism has certain practical rationality. Especially the people in developing countries, because of the struggle for national independence process and results of treasure, to national sovereignty and nationalism more special political emotion.

However, in the human society has entered a new historical conditions in the era of globalization, the globalization and the interdependence of all countries is growing, both natural resources and the ecological environment, economic development and political affairs, are more and more internationalized, the color of globalization. Under the background of this, the absolute national sovereignty has been unable to explain and solve the practical problems of more and more of the world's. Therefore, the contemporary world view Chinese needed, respecting nationalism under certain conditions, a certain range of practical rationality, pay more attention to re-examine the development of human society to the macro historical perspective, recognizing the trend of globalization development, promote nationalism gradually towards the world socialist.

Specifically, one is consciously accept the relative national sovereignty, in the scientific understanding of the essence of national sovereignty under the premise, to clarify the elements and functions of state sovereignty can not be changed and can change, a clear division of state sovereignty and international organizations can enjoy and share the scope and boundaries. The two is a consistent, unified conscious state sovereignty and human rights protection, the establishment of new concept of human rights, human rights protection of its sovereignty over sovereignty. When some of the country's authoritarian rulers abuse of power, resulting in serious human rights disasters, international organizations have the right to use all means including military means to these despotic rulers sanctions. Three is actively promoting the international democratization and international scientific mechanism, and constantly improve and perfect the system of international law, the relationship between justice, effective coordination of sovereign countries and the international community, to prevent and overcome the influence of international organizations ", and international mechanism Chinese family standard of power", to ensure that the operation of international organization and international mechanism to have the legitimacy, rationality and impartiality.

　　Used

　　[1] "Marx selected works of Engels" article2Roll, No.336,334Page, people's Publishing House1972Years.

　　[2] "Marx selected works of Engels" article2Roll, No.377Page, people's Publishing House1972Years.

　　[3] Refer to the relevant research achievements since the ecological socialism.

    (Shanxi provincial Party School professor, Department)