Six people talk about the constitution in July 2007 recording issued on the evening of 5 7:30 Man Wang Zhongnan University of Economics on the first floor conference room
(trimmer at: time when the school held theory of Zhongnan University of Economics, Institute of Constitutional organized the chaired the meeting. I also had the opportunity to listen to the lectures, to see you for everyone's style. The following is the main part of the seminar, all of which I am under the lecture transcripts. To maintain the integrity of the seminar, I do not have any changes, errors of the Department hopes Students can point out. The transcripts are unable to attend the students to make up for regret, but also all of you I once again feel the academic style of the unique opportunity to study and discussion purposes only, if friends desire reproduced Jacky or other, please specify Source and cherish my little labors, thank you)
week leaves:
last Korean teachers say, the time left us mainly Lin, Professor Xiao Jiao professor there. I do, in front to First off the ground, behind them, the main please. because today we talk about the Constitution, there is no clear theme, then I think, ah, to our recent and current trends in Chinese political development of a constitution for the opportunities and challenges, it said that this aspect of the topic.
because we all know, ah, this Shiliu Da, we proposed the building of a socialist political civilization, political civilization, it is actually the core of the constitutional culture. then it is a constitutional fundamental civilization requirement is that the ruling party as the country gcd, should govern according to the Constitution. So September 15, 2004 Xiao-Hu, general secretary of a major speech at the Great Hall, I think this speech, which he stressed the importance of the rule of law first, According to the Constitution, The first is by constitution law governing power, it should be said that when the political development of democracy in China stressed the importance of building socialist political civilization, when the constitutional construction to China provides a very good opportunity, but also have a very broad platform. then practice proof, it should say, the past five years, ah, my own experience, although the request from us, or that we pursue this constitutional ideal of a distance, as if this distance is great, but in the current situation , because yesterday morning and met with Korean teachers, and yesterday afternoon it is the China Central Television to record a tribute to the party's congress program --- with the times, I had the afternoon to talk about a bit of CCTV which specifically aspects of the topic, one of my overall experience is five years or the whole of the development trend is good. then such a development process, how do we as a constitutional scholar, or interested in constitutional theory students , how can grasp such an opportunity to face such a new trend, with our own actions to find space for the development of constitutional law, so a few years ago I proposed to the Constitution we should be thinking gcd power, it should be said that such a proposition, from my own understanding of the situation, and now more and more we are accepted by leading cadres at all levels, and then said that the Constitution of thinking is that all citizens should have. I emphasize, first, ruling party, should be thought of constitutional power, and then all of our leading cadres should be based on the constitution of such a form of thinking through the grasping spirit of the Constitution, based on the Constitution, the Constitution and the constitutional authority of the value of a familiar setting for their own objectives , resulting in the use of power, when in charge of related matters, truly from the implementation of the constitution since the constitution can be properly implemented, are implemented, then China's constitutional construction it can find a very good foundation for the development, then once so, our socialist political civilization to really embark on a new phase. So here I am thinking mainly about why the Constitution, we have mentioned is a constitutional concept, awareness of the Constitution, the Constitution and the constitutional concept of awareness of both their distinction between the how, when I originally proposed this concept, I thought, I said that the concept of the constitution or constitutional sense, refers to people's awareness and understanding of the Constitution, for example, what is the Constitution, our Constitution what was in it, then through the formation of such an awareness and understanding of the basics of the Constitution, basic content, a comprehensive grasp. So what is the constitution of thinking, the Constitution of thinking is that people use it to emphasize awareness and understanding of the Constitution to think and solve problems habits and ways. Well then that is their biggest difference between the two, the Constitution is what the concept is the Constitution, what was in it, the Constitution of thinking is on this basis to analyze and solve problems. So we all over the country with some leading cadres for the report, was the original, I remember that in our large lecture Zhongnan time to talked about this issue, I asked many leaders, I said in the closed decision-making before you, your The first reaction is not a policy, almost all of the leading comrades of all that is the case, I say that it should be reversed, and then to be closed, and then to decision-making, your first response should be the law, above all, the Constitution. So the formation of the Constitution of thinking, the Constitution can not be thinking of our leading cadres at all levels, the ruling party of our Chinese gcd can not form the basis of such a, ah, related to the development of democracy in China. So in fact, I have also had the constitutional thinking it summarizes several characteristics, for example, your basic, for example, macroeconomic, democracy, overall, the basic features of such an analysis it is mainly based on the characteristics of the contents of the Constitution, the spirit of the Constitution through such a kinds of features, the last to do such a generalization, but such a practice of constitutional thought, ah, I think it is not just for the party cadres that it can play a role, an important role, in fact, our legal theorists and even other learning , on other branches of law comrades, I even think it is very necessary, and why once we have to. you example < then linked with, that I had not just published an article in this area, most recently the children of our teacher, he compiled the magazine Wei <> ; sixth article, that also had a good effect, so some of the original research report I compiled some of the content of what was published in the <>, then in fact the case here, so I had some understanding of the formation of my own the feeling of thinking is based on the Constitution, then thinking based on the constitution of such a perspective to the framework of the Taiwan issue and how to give qualitative, how to grasp, then our overall strategy of the formation how to can stand on our own initiative , resulting in a coordinated cross-Strait relations and related to such areas can not firmly grasp the initiative we have, it should be said that this is now proved such a purpose has been achieved.
As for the other, then I would also like to say that, you like, including my great forum not long ago in this century, when speaking, and later some viewers wrote me after reading many letters to me when I say we put forward should now be the content of the constitution There is a new understanding to attach importance to specification and management of time should be from the past , think about, because I speak that may be very simple, but its such an idea, I always feel like you said we had is what the CPC Central Committee, and State Department to do it, the party committee decided the Government to implement this in the rule of law, law governing the process that is very inappropriate, but when if we run from the theoretical and concrete political process can give the status of the constitutional then our civilization, including the construction of our rule of law, it can gradually towards such a goal to advance, because I just said the words, we have come Mok, their new particularly large number of ideas, we do talk about a truth, now read the book too, so there is no more to say other, I thought everyone thought then sell the constitution, the other on ; of such a topic of concern and would like to draw everyone's attention, otherwise your light we say that we want to talk about how you have to how China, we can not present such a resource reference, because I have always advocated that we should fully good use of existing resources, the Constitution, this is the rule of law and constitutional construction is very important direction, if you do not like in China is based on a state to make good use of existing resources, the Constitution, then you just talk about some The touch something as far-fetched, the modern solution to the problem of state or have some restrictions, some scholars have, we have also repeatedly Korean teachers assert that the existing constitution can be implemented very well, very good implement, in fact, many problems can be very good. But now we tell the truth, when our defense this year, the annual doctoral defense, we have already mentioned, we are now the students do not see constitutional provisions, do not look, I say you learned this as a constitutional MA, PhD, constitutional provisions you do not take you to see, read on, how can you be called a qualified constitutional, administrative law master's, Ph.D., of course, we have constitutional scholars A famous professor once said: We'll have to hold congress, which congress for political and democratic rule of law in particular, this one will have some new things, so I compared to less sprawling, that is, so I think now the main problem areas , then I say that initiate more time to please us back several experts, asking them to talk with you, thank you. (Applause)
Han Dayuan:
Mok come, introduce you to , do you introduce yourself, new here.
Liu Maolin:
find an opportunity that I was going to talk to, um, ah just the students who are late, late the professor, not the students, ah, is Professor Mo Jihong, what Professor Mo Jihong, China Academy of Social Sciences of the constitutional chamber of Law, Deputy Director (laughter), vice president of the Chinese Constitution Society, we welcomed him with applause. (applause) < br> Mo Jihong:
just leaves is the first to speak the language, I down a bit, Professor Zhou feel about this topic, ah, come before this that Professor Wang also said to me, and talk about their own interest things, I think what the problem is complex, to be sure that the problem of what constitutional scholars are interested in it, I personally feel afraid that all issues should be interested in the spacecraft up to heaven, down to that, that what, mine The accident was it, heaven into the earth, to be interested in any problems, that is, the middle of our minds must have a constitution for the whole school of thinking and to give an answer, especially the Constitution as the fundamental law of of such a subject, then what does the fundamental law? then it is the highest law, then that is another subject of law can not solve the problem, the final Constitution must be answered, so the Constitution out of ah, in fact, it is both a kinds of nebulae, is a misfortune, the so-called unfortunate, in fact, what is it, the Constitution, ah, because you study the fundamental law of all of your requirements too high, too high for the requirements of constitutional scholars, that is, you do not want to to understand something, others do not do, what think you of this Constitution, then how do you did not respond to this question, I remember a few years ago, we always affected by this attack, what the then the jurisprudence, the law shall be given a higher expectation of what that means you have to understand, this is the problem that is not clear that we must ultimately make you make it clear that in fact we do not have this capability, so this is an unfortunate . We can not cope with the academic ability of a society of our requirements, of course, is a lucky, lucky what? in a strong pressure ah, forcing other people thought about our place in the number of people want to find vain The.
so I think words are just that Professor Zhou say I very much agree with that thinking Constitution can be used in various fields. Due to time constraints I do not want to take you all, there are opinions you ---- hidden in the mind, then I think that is here, in particular, would like to emphasize one does, that the Constitution of ah, but also pay attention to details, because the success depends on the details of ah, ah a lot of the problem, then the Constitution You made this subject itself to what extent, constitutional provide you with this issue of such weapons, ways of thinking, in the end have no effect, the key in a number of smaller issues that you can come up with some very solid program, I think This is it, may have previously ignored by us, not only the Constitution does it talk, the four basic principles or the principle of popular sovereignty that the Constitution to limit state power to protect human rights, not only these things, the key question is how to these principles, these things flying in the sky, to put it down, ah, the actual fall, flowering, to solve some small problems, so I think it, one hand, constitutional scholars of the Constitution itself as a system a product, then it is going to solve a variety of different problems, such as in the middle of the legislative process, administrative process in the middle of the middle in the process of judicial practice, we will relate to how to deal with the constitution, what constitution , how the spirit of the Constitution of the principles and norms of specific legislation applied to the middle to go, then this, in fact, the problem in the middle of the discussion of foreign constitutional law is relatively warm, for instance, the past, many of our teachers that is not in that justice for the middle of the Constitution, in fact, this is only one aspect of the legislative process in the middle of it also applies to constitutional issues need to, then many countries are discussing now is a foreign constitution, knowledge of foreign law, in the end how far we can go with knowledge of foreign law, then this is the recent trend of international development of constitutional scholars, so I think it should be for the, ah, is to use the knowledge to analyze the constitutional issues should be very detailed, very specific question should be concerned about, then This is just about in the system, in theory, it also needs to care about some very minor problems.
do so last month, I attended several meetings of a very dramatic, I think so, indeed many problems ah was previously not well thought about, but it all relates to some of the basic theory of constitutional law issues. For example it last week, last week I returned from abroad, to coincide Beijing People's Congress to draft to Beijing, which have to let me go to the floor, I said I did not write that speech, ah, it says here you will be able to speak, Nengkan, I said it can not just McCain, ah, I always find I have to McCain --- other people thought about the question, but it is a constitutional issue, of course, after listening to it, feel the need to study, and then I went to the opened a lot of talk on a lot, but there is a problem I used to have no well thought of, is it? Standing Committee may delegate the implementation of laws and regulations to supervise the lower level people's congress, then the Who is commissioning? What is the commission's right of entry? who is commissioning? previously said the Constitution does not? So if you are 24 the law on supervision in Beijing that it did not say anything, the theory behind not and will not know So the key is your Standing Committee in Beijing, you want to study and formulate measures for implementation supervision law in Beijing, you gotta clever than the supervision of law that you always have to take it that the system entrusted with the supervision requirements of more specific so that everybody will know where to look I've seen. So I was pondering on this issue to try to make something go, grew more and more conflicts, the more confused, because we the supervision law also provides that section 2 of the Standing Committee at all levels in accordance with the provisions of the Constitution and the law the exercise of supervision, here are some other provisions, this one in essence, is authorized to monitor, that is, the Standing Committee at all levels, you can under the Constitution, the law authorized the monitoring, then suddenly There are two concepts: one called authorize the Authority, entrusted with the supervision of a call. So the two concepts in the end what is the relationship? When I (the supervisor) is authorized to monitor, when is entrusted with the supervision? this problem looks like clear in essence do not know, you really put it into concrete provisions, system, unclear. we had, ah, always stressed the supervision of the Constitution, then how to solve? It is a very detailed questions, there is no way I was, I had worked to try to make something, think of an idea, this idea leads to the supervisor at once and being the relationship between the supervisor, if the past is often mentioned in the Constitution the middle of the problem From ancient Greece had this problem, but I then think about it, if related to our entrusted with the supervision and authorization of supervision, if these two issues to explain it, it is a problem. you like that entrusted with the supervision, It is the concept? entrusted with the supervision of the normal supervision of the principal issues for their proper supervision of full capacity, then it should be what? The first is entrusted with the supervision ah, it should be built on the basis of self-monitoring, for example, I set the laws, regulations, then under the protection of the general laws and regulations are implemented and the authority of their own point of view, I developed the law of course, I have the right to supervision. but this does not mean I do have to monitor, I might the matter to the individual subject to the supervision of another, but it is the behavior of all of its supervision, are subject to my control, what is a delegate? This is also the commission and the authority of law in the middle of the whole problem is not solved, and when should be commission should be authorized when there is no resolve, the so-called commission, in fact, the main body must be entrusted to it, actual, will it really have such a subject, then the matter is entrusted to the principal he can delegate full authority to deal with. For example, the NPC National People's Congress Standing Committee to formulate its own laws, I have no right to supervise? certainly has the right to monitor, supervise and I did not right, then who will protect my implementation of the laws are, ah, so first I had self-supervision , I did not need everything the NPC Standing Committee enacted the law on my monitor, I can delegate to matters entrusted to another individual or subordinate body to supervise the NPC, then I have the right to self-monitor, so I can be entrusted to it monitoring, so the subject has been commissioned to monitor the situation in the end, I can always correct it, I can also responsible for the conduct of its supervision. So this is the case, should it ah, this is the only self-monitoring to be established in order to have entrusted with the supervision of the establishment, from this point of view, Standing commission to supervise lower level, where it did not say clearly, that NPC Standing Committee can not delegate to the laws enacted by the NPC Standing Committee to supervise Hubei, the Hubei Provincial People's Congress of Hubei Province People's Congress has no power to delegate local laws and regulations enacted following a county people's congress of Hubei Province Standing Committee to supervise? no one before this question is to study ah! but if you go to study, you will find the problem comes, here comes to the basic theory of constitutional law issues, the commission is my right to come from? why some I will be commissioned when a subject, sometimes through the authorization, licensing occurs under what conditions? this problem do not know, ah, in fact, often that is authorized to monitor the things I put my package to another subject, the remaining things I'll teach you how to do, I will not care, then this may be authorized to monitor, then why are entrusted with the supervision of the case also authorized to monitor it? then clearly we can see that it is authorized to monitor an abstract type of authorization, it Apparently even more conducive to the protection of the rights entrusted to himself. So how this problem be solved? which is authorized to monitor the situation? Under what circumstances is entrusted with the supervision, while supervision of your example, the Constitution, it is a do or a mandate entrusted to supervise supervision? from the constitution in theory, I tend to be authorized to monitor, because the main body of the Constitution it is the people development, it is a governmental concept, some of it is not a real subject. So the constitution drawn up after the need for supervision, then the people can not, as As the legislature is a real body, so it only through the concept of the rule of law, through the process method, where only authorized, can not be commissioned. your body does not exist delegate, delegate the subject is assumed, this problem may be in the the middle of the previous constitutional theory, legal theory in the middle of supervision is not involved, but it is a very small problem, but when you correct for this small problem, you will find that you fully grasp the constitutional theory does not apply . So I think the Constitution ah, it is to develop, is also in detail, and constitutional scholars to be able to continue the development of such law in Beijing under a big voice, but also the details that we can, we can provide a More importantly, the program, enabling other law does not include subject knowledge, and, in turn, we can provide it with guidance. then I think the development of our Constitution certainly have a future.
other details so I will not say, I give another example, the last in China Politics and Law, it is Chinese and Japanese scholars on the registration of title of property law, a seminar, they have to call me to go from a constitutional standpoint, I thought that this how to talk, no property rights because the Constitution the concept of red, ah, how do you pull a hard pull students interpreted this constitutional issues it Right, I was caught I was a problem, Japanese scholars introduced, it has a Private Property Act, but the problem One thing is that we compare in Japan, when the time on land expropriation and requisition, when the National People's Congress of Mo on the River (we call him Mok a, ah, ah I called Professor Mok II), he talked a lot, He said that our entire collection system, particularly among the collection of rural land, how do we not take care of the interests of farmers, we have adequate compensation, the compensation standard is not enough, the farmer's right to ignore, these things are not right, we should establish a rational, proper compensation, to the Japanese in line to the British and American, France, Germany and other countries to follow. I thought there were constitutional issues, from the text point of view, we have the constitutional amendment in 2004 based on the national public interest the need for expropriation and requisition, its two terms, ah, the expropriation of private property is a clause on the expropriation of land is another clause, which is the same system, if so, why write two do it? So it is clear on the expropriation of land can not be fully applicable to the expropriation of private property, we now for the collective ownership of rural land expropriation and requisition, Are we the expropriation of its property rights it? not the case, although our on the nature of the rural collective economy of its collective economic rights, that we are mainly provided by the Village Committee Organization Law, and that is what the law says we now have clear, who the rural collective land ownership is the rural collective economic organizations ? Or that the actual contract land of the villagers, or that the land on the collective decision of the farmers, no. then for the rural collective of villagers, he is that he enjoys the rights of the land is by shares, or joint tenancy? What is his legal right to claim the right to request, is there? no! another one, when the government went to the time of land acquisition, although this land is my contract, it is this collective compensation for the villagers, I have no land, and there may be other people from the village to give you adjust, but also allows you to farm the land, so there is a problem, when the state land when it faces compensation and whom, so we can see that from the constitutional point of view, this land collectively owned by farmers the right to not have all our standard sense of right nature, it can not come into the field of private law, but also by policy factors and guidance, so this question should be clear From the constitutional point of view need to consider this issue.
I do not want to take too much time, but I found that if we really as a serious constitutional scholars, we are thinking to consider the issue of constitutional, then any place can be found very good The constitutional questions. Thank you. (Applause)
Han Dayuan:
the time to grasp a very good, the following statement from the forest to the Vatican teacher.
Lin Vatican:
very happy to come to South Africa attractive, over a year, I think about last year are over, as if no words to talk about. did not do anything because of the recent scholarship, cervical and bad. more pressure today, ah, you see we are all sitting on the stage ah I was the only one not, and they are often on my blog, like the singer (laughter), then the teacher Korea is the country's teacher, the teacher leaves this week is very powerful, I dare not speak the same table with him, because he of this lecture techniques, skills, state is very high, sound self-assured ah, but also with gestures, gestures are also very beautiful (laughter), No commentary on the teacher, but in private, saying that very smooth, with his right (laughter), but only my eloquence is very poor, I feel, because my lecture, some students take it finishing recording notes, recording lectures I used looked bad, there are wrong sentences, incomplete sentences, I criticized the students, how does this sound recording is issued, he said Lin, you mean like this (laughter), then on, I feel, , I like many academics are not the same, I do not have to face the leading cadres to make a speech, sometimes to the place to talk, I feel very bad effect, they regard us as the old scholar, but they are afraid, they say you These laws are out to control us, to control our power, so that people who engage in legal fate is such, then I transfer the battlefield, primarily to students, today I am talking about the main content is so shallow level problem, what is behind the constitutional provisions.
I recently was thinking, what is behind the constitutional provisions. just weeks teacher mentioned, we should be familiar with the provisions of the Constitution, I think this, ah, now in our constitutional scholars continue to form a consensus. we learn of public law, or that studying law in college, learned a few years, the constitutional provisions have never seen, and sometimes do not understand there are several provisions of the Constitution, it is finished.
constitutional provisions familiar, it has to apply constitutional provisions, it is necessary to interpret the provisions of the Constitution, you should explain how to get to? the constitutional provisions related to the back to what such a problem. constitutional provision is clear in front of what we have is a complicated social issues, including the case. But what is behind it? behind constitutional provisions at least two things, one is the norm here is to note that a lot of people as the constitutional provisions for constitutional norms, from the broad sense, is established However, scholars of public international law is now the world fame Robert.Alexy his view, normative statements and normative statements is not the same, only the former constitutional provision, so that the specification is hidden behind the provisions in the constitution. Then there is also behind the constitutional provisions one thing, it is thought. For example, mature constitutional provisions in the international constitutional state, the provisions of their constitution is something behind it, what thoughts? I think first of all you can think of liberal thought, Why? because the Constitution is one of the most important goal is actually to protect the value of human freedom, then there are many constitutional provisions protect the fundamental rights provisions, which are mostly based on the liberal from the development, we can see, such as Locke said earlier, Locke in the its subsequent international constitutionalism significant impact. then the United States Constitution can be said that a written constitution in human history, it has absorbed this thought Locke, but Locke this classification is not directly written to the United States constitutional texts, when not writing, first written
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