Photography / Jia generation development

Biographical works:

Xu Chongde, famous constitutional experts.1929Born in Qingpu, Shanghai.1951He graduated from the law department of Fudan University, the Renmin University of China graduate,1953After graduation, he taught. Constitutional law and administrative law point of establishing the doctorate and host. The Preparatory Committee for the Hongkong Special Administrative Region, the Macao committee. He participated in the new Chinese first constitution, the Constitution and the drafting of the basic law of Hongkong, Macao, made outstanding contribution to the development of new China constitution.1998Years6Month, was the National People's Congress Standing Committee for legal lecture, began the first lesson constitution.2002Years12Month26Day, was the CPC Central Committee Political Bureau of the1Study on the constitution.

 

Author / Lu Yan

 

Dean Professor Xu Chongde was China constitution, due to illness in2014Years3Month3On the evening of11When the59In Beijing died, at the age of85Years old.2012One night a year summer, the author in a home and had two hours to chat. Xu old speak neither too fast nor too slow, love to say "I'm lucky", "my experience is very simple," "I knew so little"...... Remember the meeting finally, I pestered Xu old left calligraphy, Xu Lao like calligraphy, but he said that old people a writing on the back, so a lot of "debt owed". But fail to beat the old Xu, finally used the pen to write four words -- the rule of law. But the author to travel abroad at this time, unable to come up with many old words to share with you, only a word, in order to express the memory of love, Xu Lao.

 

Silver haired, year83Year-old Xu Chongde leaned against a sitting room in the home that Coffee color cloth art sofa, next to a floor lamp dim light will old man wrapped in a warm glow, as if time stood still.

I went to visit Mr. Xu Chongde on the occasion, just Mr. Dr. Hongkong, members of the Legislative Council, MS Liang Meifen is home to visit mr.. Xu Chongde said no good my eyes, let each to visit people came to him, and then said: "you are welcome to chat with me."

The "master" title, Xu Chongde clear to long way: "my career to an end." Some people praise him badly, said today Chinese top three universities -- Beijing University and Tsinghua University, the National People's Congress, Tsinghua University and the National People's Congress is currently the dean of the law school is his disciple, Xu Chongde still refused: "I don't deserve it, they were very successful, but if they were to run the school of law, perhaps more than their personal to play a more important."

While Xu Chongde was known as the "master", and widely praised by the industry, cannot do without him the founder of new China constitutional development and an important one of the participants: he participated in the first part of the new election law China drafting and research work; to participate in the new China historic first constitution drafting; the basic law of Hongkong and Macao to participate in the drafting of the basic law course; as the Hongkong Special Administrative Region and the Macao Special Administrative Region of the Preparatory Committee to participate in the preparatory process of the two special administrative regions; in the current constitution and process after the four amendment; also participated in the drafting of a number of important laws. He has too many "first": in the new China first the constitution text books; editor of constitutional jurisprudence textbooks and new Chinese first of the new system; product life painstakingly collected data, published a magnificent new Chinese first comprehensive system of constitutional history......

Just, how Xu Chongde started his life of this section of the Constitution? All we have to begin with that year.

 

Enter oneself for an examination the Fudan University Law Department

 

The young Xu Chongde chose to read law, that is not a waffle, reason is fully: first, always not good middle school science achievement, but art achievement is outstanding, in reality, can only apply for liberal arts; second, it coincided with the victory of the Anti Japanese War, the Far East military court is the trial of Japanese war criminals by the struggle, eventually sentenced some Japanese war criminals by hanging, since then, Xu Chongde played an adoring heart to judge, has established the important status of the law in the heart. "In eight years of war have so thanks to the Japanese, and finally one day to use legal weapons against them." In the young Xu Chongde's eyes, law is justice.

But at that time (1947Years), to apply for Fudan, no point of the family didn't really have the confidence, sure enough, the Xu Chongde family has just qualified "small", this is also Xu Chongde later joined the party late reason (1961Annual party) -- the origin is not good.

Xu Chongde was born in Shanghai Qingpu Jinze Town, it was a champion cake. Last fall, my father in his6He died a month, Xu Chongde's mother a person save money on food and expenses at a pair of sons and daughters, "small" is also the mother in "uninformed" case to myself: that the national government soon finished, Jiefang District is to engage in land reform, Qingpu local that several big landlord know the time of day, hastened to sell land home, Xu Chongde's mother to have saved some money, holding the "hard life at home a little while, wash away the burned away, and to pray for peace of mind" of the idea, finally bought50Mu of land, but it has become a "small landlords".

But as fate would have it, Xu Chongde dear sister had attended left wing Federation of literary and art circles, and later in Yanan in end of study was sent to the New Fourth Army, the heroic sacrifice, until after the liberation of Xu Chongde their mother learned from the Department to death, also got a Chairman Mao's signature card. Therefore, Xu Chongde's mother is a dual identity, Xu Chongde did not deny that relatively lucky and perhaps a bit after the road of life.

Today the Fudan Hui Tang, Xu Chongde said in his room, "just built OK, I remember the paint is not yet dry." Xu Chongde said that his luck is from the beginning. "The math department is very difficult to test, a hair down, many people simply draw away, remember ten test problems, in mathematics, geometry test 'that the nine point circle', I belong to the plane geometry, finally just make the problem go, only can say, happened to meet my weaknesses strengths in the." When Xu Chongde called a legal system, finally was accepted by.

 

The constitution of Enlightenment

 

Xu Chongde said, Professor Zhang Zhirang is the teacher of his constitution. "I can say is his close disciple. He is one of the famous professor at Fudan democracy, after we finished class he entered Jiefang District, participated in the first session of the Preparatory Committee of the cppcc. Who is a member of the drafting of the Central People's government organization law."

According to Xu Chongde's memory, Zhang Zhirang's constitutional course has attracted many young students. Zhang Zhirang professor of comparative constitution, the constitution was promulgated soon, but he mainly criticized the constitution, which required great courage. In addition, he has the constitutional theory of profound knowledge solid, to demolish with penetrating criticism, penetrating criticism of the Kuomintang's so-called "five power constitution", that is actually the presidential power, namely Jiang Jieshi concentrate power, in the final analysis, the conclusion is: the separation of five powers is false, centralization is true. Because he speaks well, so that Xu Chongde on the constitution of special interest, completely impressed by it.

Teaching characteristics of Zhang Zhirang is oneself did not say much, open book let students read, concentrated and then in class questioning, very stringent requirements. During that same time period, Xu Chongde laid the foundation of constitutional jurisprudence, but only some fur, can only say that Zhang Zhirang's Enlightenment let Xu Chongde know the charm, wit the root is not to move or retreat to walk the future road of the constitutional law teaching.

Goodbye Zhang Zhirang, that is after the new Chinese established, vice president Zhang Zhirang, the Supreme People's court. Xu Chongde still clearly remember Zhang Zhirang lived in Beijing pine alley34Number, "I to the National People's Congress, also often go to his home and ask questions. He is a professor at Peking University, and the vice president of the Supreme People's court. We then write mimeographed lecture notes also asked him to watch, advice, because he participated in drafting the common programme and the Central People's government organization law,1954He also participated in the constitution. Although he is not a member of the drafting committee, but a discussion group called the draft constitution, many discussions he was. I went to visit him, can saying is a kind of extra benefit."

Then, the two first met in Shanghai and how people will get together again in Beijing? Have to go to the Renmin University of China Graduate Starting from Xu Chongde.

 

Beijing or sth

 

1951Years, Xu Chongde graduated from Fudan University, compared to the free, this is not so free. That year, Shanghai put all graduates, including national and private university, all classes in Xuhui high school, the aim is to reform the ideology, convince graduating students obey the tissue distribution. The new Chinese was founded at the beginning, a thousand things wait to be done, these graduates will behoove of the national response to the call, to the country where they were most needed. Finally according to the plan, the majority of people assigned to Shanghai public security system, only a few assigned to Renmin University of China graduate, Xu Chongde is one of them.

"When we think to people to go to graduate school is to join the revolution, obedience allocation, work for the state." Xu Chongde tells us the background at that time: People's University has just set up, need to cultivate a team of their own teachers, therefore, Xu Chongde this group of graduate students are the future teachers of the National People's Congress reserve team, "the organization and we said very straightforward, you go to the national people's Congress culture, will come when the red Professor, because at that time most university the period of training, we are the first batch of red professor Genzheng Miao red."

Fortunately, Xu Chongde is very satisfied with that assignment, not "red," attracted him, but he was interested in Beijing, "Beijing is a political atmosphere is very strong. In my eyes, before liberation many progressive magazines often talked about the situation in Beijing, such as the May 4th Movement etc., so I have been very longing for Beijing." Don't want to dream come true.

Another point, Xu Chongde is a very people who know themselves, he said he would like some professional and knowledge, to the court, the Procuratorate's work is not "cold", "Fudan reading in that moment, after the liberation of a year to send our legal department of the university to go to court to clear the backlog, I really have a headache for this job, think this case how like water always seem to the finish, my character is not suitable." So assigned to the National People's Congress, Xu Chongde quite feel a sense of relief feeling, of course, even if he is sent to the public security organs, in his character would be subject to, can say, Xu Chongde is really lucky.

However, Xu Chongde had not yet finished, to the National People's Congress, professional direction it very random assignment of these graduates, Xu Chongde has been described as "rough", but he let Xu Chongde make the constitution research. "They weren't called constitution, called the state law, so I was assigned to the chamber law department countries." Xu Chongde once again lamented his own good luck.

When is the old law abolished, the new law did not stand, there wasn't a mentor graduate school, only Stalin sent to the Soviet Union experts. "The man does not understand our Chinese things, they are the Soviet Union. The socialist constitution Soviet should say more mature. We had these young people can be said to be like hunger and thirst to learn from the Soviet Union, and to the constitution theory. Some of the young teachers are often listen to this Soviet expert constitution class, to give students a lecture tomorrow, didn't even have the digestion time."

No unique, then the greatest impact is still at the beginning of this group of people in the China constitution, such as first in the people's University to Professor Wu Jialin of the Ningxia University, the Wuhan University professor He Huahui, Professor Zhang Guangbo of Jilin University, China University of Political Science and Law Professor Lian Xi Sheng, the Chinese People's Public Security University professor Wu Jie, Professor Wei Dingren of Peking University, and later has been in Professor Wang Xiangming and Professor Dong Chengmei, people's University, etc.. "At that time, those of us who, at the forefront of a new discipline." Xu Chongde eyes Jue Shuo back in.

 

1952Election law

 

1952Years, "election law" draft, to engage in the general election, when the first selected two local pilot, one in Shandong Tai'an, the central has a working group on the Ministry of civil affairs, is responsible, they took a bunch of people down, with the election pilot work. Xu Chongde and Wu Jialin, Zhang Zhengzhao three people together, in Tai'an in the new China first election pilot work.

Then the background is: the construction of people's Congress must first achieve universal suffrage is required in the general election, voters registered in accordance with the election law, "" to review the qualifications of voters, "at that time the situation is complex, for example: you are poor, later bought land from the landlord to do, you are the landlord's daughter, later married how do the poor? And so on, there are a series of policies on these issues. We must learn the policy applied to the actual work to review the qualifications of voters." Xu Chongde said.

Xu Chongde at the time of the job is to record from the voter registration began, to the last election, found the problem, in the election process in problem solving, provide experiences for other regions of the country for the election. "We continue to write the report, write a summary, summary writing, a work report, the grassroots cadres was not what culture, these jobs are done by us." This is Xu Chongde after learning constitution jurisprudence first face the masses, first in the face of the new Chinese people, first in the face of the new Chinese the first general election.

"At that time in rural areas where there is a group of activists, called the propagandist, we train them, to tell them the election is going on, because in the past has never been popular, so we want to tell them. At the time the people's mind, the election is a very important matter, is a sacred vote. The vote is the people, do not have the right to vote is the object of dictatorship, the farmer is very good. Shandong is the old, the farmer is conscious, active election is very high, but no culture. At that time we also incidentally a task, is the first census of the new Chinese. Some farmers even without a name, we gave them the name, in the experimental process, we give the farmer took a lot of names."

1990Xu Chongde revisit one's old site, the local grass houses have been torn down, the old people are basically can not find, finally found an old farmer, he was a voter registration cards still, "that farmers have more attention to this election!" Xu Chongde be filled with a thousand regrets.

 

Participate in new China first constitution

 

1953Xu Chongde after the graduation, this year after year, Xu Chongde went to the Zhongnanhai. Do what? Into the54The constitution drafting information group under the leadership of the Secretariat of the commission.

When Xu Chongde hedeheneng got into the central level.? "Chairman Mao's secretary Tian Jiaying said he is' Han Xin. ', understand the constitution are the more the better, so it is not special for me, but for our people, except the people's University, there are a number of Peking University, School of politics and law of central and Beijing Institute of political science and law." Xu Chongde common misconception correction outside.

This group of people called to basically is in the data set. The main task is to the constitution Drafting Committee to help the whole material, for they make up some nouns explain, solicit opinions, public discussion brought the discussion materials and opinions from the data set to finish. "We are the direct leadership of Comrade Tian Jiaying, he went to the central opening over will come back for us, every time comes back from the meeting, he will take a lot of questions, because there are a lot of controversy in the drafting process, the members of the committee will ask the foreign is how to solve problems, especially the Soviet Union is what? We have to help find answers to these questions of materials." Is in the days of Xu Chongde, they wrote several of the data: one is the explanation of the terms, the equivalent of a small dictionary; collect some constitutional code, including the old Chinese, and Russia1918Years of the Constitution Constitution, Stalin, and wave, Hungarian constitution and other Eastern European countries, there are also some western countries constitution.

Xu Chongde said, the experience gave him the biggest harvest is in contact with a number of meetings, listen to some leaders of the speech, so the professional ideas more open. He thinks54The constitution of a start or good, "central time decision as far as possible to consider first whether the constitution, but later gradually from the constitution, to replace the legal political movement."

Generally speaking, Xu Chongde does not think he is a very enlightened people, although for many phenomenon at that time, "I always feel not normal", but "or follow the party". But in Xu Chongde's heart, "as long as he doesn't say no constitution, as long as the course also exist". Of course, some of the political movement and later, Xu Chongde is not acceptable, "but we can't send voice, otherwise you are right. The overall situation is so, people can have the big ability?"

 

[Xu Chongde]

 

After the82In constitution, Xu Chongde is a member of the secretary group, then Xu Chongde is the domestic famous jurist, after the story of Xu Chongde I do not repeat them here. Only with the following simple dialogue, in order to make people more aware of Xu Chongde.

 

Q: do you feel that words do seem to give people a "reconcile oneself to one's situation".

 

Answer:I always think, a person's consciousness, thought, idea is always influenced by the environment, the overall situation is so, I am not so strong judgment, as if I was assigned to the National People's Congress, I come; the Soviet Union experts teach us what, we accept what. Or has been the recipient of many things, can't say I reconcile oneself to one's situation, I also have little impact. At that time, the whole atmosphere for us these intellectuals, although I am new Chinese culture, also joined the party, but was designated as bourgeois intellectuals. The students are meeting said the bourgeois intellectuals get out of school, never on the platform, a lifetime to when farmers. I'm a little teacher can take that I don't when farmers? So he was out. At that time, the workers and peasants the highest status, I said to myself, when the farmer is good, then hold a lifetime when farmers ideas go. But several boxes of the data, to participate in the54The Constitution when something, the diary of a full set of "Xinhua report", the ruined ruin, when the paper sold.

 

Q: what is your viewpoint?

 

Answer:The academic and political to separate, so that I have. My academic principles, is determined in accordance with the Marx doctrine, the pursuit of truth. Of course, there is no denying the fact, academic can not be divorced from politics, but there is a line, is not opposed to the party and socialism, in the premise for the development of the party and socialist construction, academic research.

 

Q: how do you sum up82The constitution characteristics?

 

Answer:Sum up experience, bring order out of chaos, the former30Correct the mistakes of the past over the years. A country must have a law, like do a community must have a constitution.82The constitution is a constitution, safeguard the people's rights to take leadership. The question now is how to implement, how can let everyone abide by the constitution, in accordance with the law. If you have a good constitution but not implemented, in vain.

 

Ask: how to guarantee the implementation of the Constitution?

 

Answer:At present mainly rely on the Party committee and all levels of government, of course, does not conform to the constitution. It is often not in accordance with the law, just law more specific, the Constitution made concrete. I think, to the constitutional propaganda should be strengthened, some people think that the constitution is far away, the provisions are the fundamental principle, countries. But the most important, or leaders to take the lead in to implement the constitution.

 

Q: I heard that you recruit students don't recruit officials?

 

Answer:There is a period of time you had Xu Chongde not recruit girls, nor the thing. To cultivate people, select students, mainly to see his ability and character. People can't see at a glance the lifelong, and no man is perfect, there is a growing process. Some people say that my students have Dean of Law School of several, this also is very accidental, I very love for students, but no proud, I hope they are achievement, for countries and people to contribute, at least he is dean of a law school, the law school run, to push forward the law. I this several students have different features, Han Dayuan was a decent man, so that he refused to evil; the character of Hu Jinguang is popular with the students, he will speak, the lecture is very popular; Li Shuzhong, tree loyalty, is very good...... Their career to work is work diligently and conscientiously, very responsible.

 

Q: you this life is not an officer?

 

Answer:I don't want to be, nor an officer. Officialdom is too complex, officials have a ministry official, and the constitution is much more simple knowledge. Then let me when the two campuses principals, I in the National People's Congress also with graduate students, but also to participate in the drafting of the basic law, my energy is limited, but I am this person was not administrative ability. People to people is the ability to compete, I was incompetent, then two, facing financial difficulty, personnel is not neat, I put the whole life will not be able to run out.

 

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