China xian zheng Zhang Qianfan the future (the next)

 China xian zheng's future (the next)
Zhang Qianfan

formation of civil society rights and powers of the collision

reform and opening up, the more people the freedom to to more, not only broke the power, corruption, violation of rights, increasingly, becoming more conscious of people's rights, both the inevitable conflict between.
Although the current institutional framework can not effectively resolve disputes, officials and the public, news media Every one can not report freely social suffering, but the rights and powers of the collision, or made some hard-won positive results.
2003 years unnatural death sparked outrage across the country, leading to the State Council was abolished in a few months to several decades the implementation of the detention and repatriation system.
not only reported the incident out of the vast number of Internet users in particular, aroused strong protest and signed a letter of Dr. Law, but also led to the concern of the central leaders, and finally the rapid reform of administrative intervention by the system of serious violations of civil liberties.
Although the letter did not get a direct response to the highest constitutional authority to continue to explain the body interpretation of the Constitution to maintain the point is not, it is the power of civil rights collision with the government, our civil society was more or less formed bit by bit. reform and opening up, there is no doubt that people's freedom more and more, not only to break the economic blockade to meet the food and clothing, and people exposed to new ideas and information. Meanwhile, the real power has not only been bound, but the abuse of power, will be increased opportunities for corruption.'s awareness of rights of the people with whom the inevitable happens conflict. While the current institutional framework can not effectively solve disputes officials and the public, news media could not report the suffering of every society, but the rights of the conflict with the powers of the collision is still made some achievements In 2003 the Sun Zhigang incident is a milestone in the growth of civil society. At that time, a college student in Guangzhou, the unnatural deaths of shelters, causing the country a strong reaction, and ultimately make the State Council abolished within a few months to implement a number of years of detention and repatriation system.
was reported on this incident has not only aroused Internet users protest, and there are several requirements of Doctor of Laws Constitutional Review of the National People's Congress for a joint letter. Of course, it's consistent with the NPC Standing Committee, consistent style, and nothing to do. However, the community response is caused by the central leaders attention. Finally, administrative intervention, reform the system of civil liberties violations. Although the letter did not get a direct response to the highest constitutional authority to maintain the constitutional interpretation of body to explain the ; or display of social pressure on the constitutional role in promoting.
Not only that, event more or less mimic this pattern. which happened in a place of serious incidents were reported out, then triggered a nationwide response, ultimately resulting in the central high-level attention. in order to maintain rule of the image, often central, but also may be caused by direct intervention at the provincial level and to correct abuses in some places. For example, the case is an example of Deng, the effect immediate.
improve the plight of rights protect their rights
rare success, and even to the very difficult to success
Xiamen PX event is public, courageous and prudent, hard struggle, achieved only after several twists and turns, shortly after the incident were ordered to stop once the national media reports, the final success is not solely rely on bottom-up public pressure, depending on known in different causal factors.
year later, hundreds of people also took to the streets of Chengdu, network spread rumors, inciting trouble or even or on the right is responsible for the situation, China's rights movement is a The basic dilemma
form movement is difficult.
Although the Constitution and the law provides many rights, but setting the whole system is negative rights; whether the electoral system in name only, or the ruling power of the myriad of judicial independence within the foreseeable future, are intentionally or unintentionally, to maintain the vested interests.
lack of top-down initiative to reform the pressure and power, bottom-rights movement is also facing the hands of vested interests, while safeguarding the rights of citizens means that a particular vested interest obviously damaged.
these events are limited news monitoring, public pressure forced the intervention of the central convergence of several forces the results achieved, and development of this model is the Sun Zhigang case. Of course, when some local leaders in the individual performance was more liberal, do not have to wait for it to be correcting the central direction. For example, in 2007 the event took place in Xiamen PX, Xiamen people texting each other , to the city in front of the collective had never been. Xiamen residents to their collective wisdom to deal with this rule, not in the name of demonstrations, but under the guise of a walk, demonstrations of real line.
creative ways to add a relatively enlightened government, so that the error The decision was promptly corrected. Nevertheless, the success or very few rights. Xiamen PX event itself twists and turns, you need people, courageous and prudent, but also the courage to take risks. Xiamen PX when the incident I was in Taiwan , learned the news through the Internet and immediately wrote a short commentary to the Beijing News. result reply to the Beijing News said, the above instructions have not advertised. I said, you're not just registered before? they answered, late submission of comments you write one day, just above the greeting. In China, writing articles, send comments to learn with the people may not be a practice experience can be replicated in other places, the same group may not be feasible to walk, perhaps in Xiamen, Shanghai can, and in other places might not be. A year later, also took place in Chengdu, the same nature event, the Chengdu Municipal Government has decided to build PX plant, the plant in Chengdu, where an upper hand in Sheung Shui. Chengdu people are very worried, of course, they also imitate the Xiamen people demonstrating in front went to the municipal government. The not only did not succeed, and encouraged the Government to unchanged, the election is just scratching the surface. congresses at all levels despite the seal may become increasingly hard, but still did not change the nature of a rubber stamp. on officials at all levels is still not the next charge. In this case, China doomed to sail against the current human rights movement, abortion being much more. Although many civil rights constitutional law, but the system was set up on negative rights. Why can not the election to do better, why not let the deputies in the elections through a decent election in consideration of the government budget each year, to play a greater role in the executive power of the border a little bit, so that judicial reform is truly implemented. Ultimately, the Government's efforts to maintain the existing pattern, so that the provisions of constitutional law out of touch with reality, is in itself a vested interest maximum maintenance and support. The top-down reform to a lack of initiative to reform the ruling group pressure and momentum, and bottom-up anti-rights movement system within the system means that a particular group interests, this is the rights The basic dilemma.
reform of resources and hope to be successful
rights, resources, where? how to force the system from outside the system within the control of state power against the vested interests who make the decision?
social justice : interests of the majority is not only a combined moral demands, but also legal, is the Constitution and laws clearly defined in the.
matter with the Chinese Constitution is merely window dressing, but China has not completely fallen into king losers bandits still provides a lot of available things, the ruling party himself stressed that . constitutional amendment itself is the result of civil rights movement, can not turn back.
resource rights must be successful, resources, first manifested in the moral community. Most of the interest demands not only the joint ethics, and co-laws, the Constitution clearly defined. This figure reflects the best cattle in 2007 in Chongqing nail house, holding a constitutional text to protect their right to the scene, on paper at least give them the Constitution to add a bit of confidence. from the whole process of view, the Government's behavior is indeed there is an error, which is why today's government work often hiding, secretive, get on the table is not the reason. Although China's constitution is only used to decorate the facade, but not entirely fall into the loser the winner king of the jungle Kou law position, name is not correct, do words flow, and nothing will be accomplished, moral and front are not completely irrelevant. current constitution also provides for a number of available terms, the ruling party also stressed that the rule of law, ruling according to the Constitution, although the lack of effective implementation mechanisms, but can see the sense in the bow to the rights of citizens. constitutional amendment is itself the result of civil rights movement, and this road is a road of no return, it can not go back. For example, the construction of the rule of law in 1999 provisions in the Constitution, the 2004 terms of protection of human rights and private property into the constitution, this is no return. We can not one day in the future, these articles deleted from the Constitution. Thus, while people see the Constitution in this system does not work, the court can not apply, but in the social life is still playing an important role.
limited news monitoring
majority of moral and moral formation of public opinion, public opinion in case of citizens to put pressure
consciousness can not tolerate the illegal violations, media reports will inspire great moral pressure. in protecting the freedom of the press a constitutional state, any significant events escape the attention of social and ethical trial;
clamp Chinese press freedoms, but After all, , courage, different media, it is difficult to at all times in all media in the death of the same tube.
effects and economic benefits to the pursuit of news, media, more and more diverse teams; many units employ no formal status > network more and more developed, more and more users, more and more difficult to control. Although the Government has been trying to control network means of speech, but the network ultimately not so easy to give in the traditional media.
indeed very limited freedom of the press , greatly weakened the power of public opinion, but in the era of increasingly diverse media, with the increasingly high cost of information control, public opinion, the role of extension Zhang Daoyi will be increasingly significant.
News in our oversight this country is extremely limited, but found that it has little effect and there is absolutely no exaggeration. in the event of illegal alien and citizen awareness of rights violations, media reports will inspire a huge moral pressure, enough to force any level of government to make concessions. There are many events can be for us to witness, much is Sun Zhigang, near the Deng. illegal nature of the more severe violations, the more one-sided voice users; the greater social pressure, the more eager to take corrective measures to the Government.
in the protection of freedom of the press countries, any major event escape the attention of social and moral justice. China is not the case, subject to strict control over freedom of the press, but after all paper in the smoke there's fire. control the news people would repeatedly as appropriate, in the face of globalization age, the Internet age, the more strict control of news coverage but the more losses than gains, the more passive position. Sun Zhigang, SHE, and Deng event, reflects this. China is very big media, at the same time, not uniform in to report difficulties. such as Deng case, from now on is not allowed to make negative comments, or recently appointed by the Ministry of Industry and Information Green Dam event, said starting from July 1, have been forced to buy a computer to install this software, so, I wrote a commentary, there is no political color. like I said, the above has made positive comments to say hello, do not make any criticism of the Green Dam. Even so, many of the media, bold ambition different position, the Beijing Daily on very orthodox, and even made even orthodox than the orthodox views. to national circumstances, not at the same time to stifle such comments uniform. in pursuit of news effects and economic benefits, the development trend of multi media presentation. Many units employ a fake reporter without a press card, fake news reporters there than the real news value. the media professional is not just help break the norms regulate the control of the control specification in China, in my opinion is definitely a bad thing, not a good thing. Of course, one foot step ahead, the authorities also continue to study means of control, but I believe the network will be increasingly difficult to control, control rising costs, the network can not give in as easily as traditional media , Shen Zhang Daoyi role of public opinion will become increasingly important.
intellectuals: people plead?
the role of democracy: to narrow the distance between people and
authoritarian government: the government and people separated from it large distances, resulting in up and down does not close, and discord, between the upper and lower living play a unique role of intellectuals.
distribution of today's intellectuals, ideological unity
except in a very individual capacity or to justify the historical reality of super-rational exception, no one can deny the officials, corruption, extravagance and waste common, but also for all those who can not provide the legitimacy of historical or real debate.
almost everyone agrees that all this is unfair, status quo must be changed: not only individual phenomenon or behavior, but the breeding behavior of these phenomena and the entire system.
even enter the system in the top intellectuals, but also just > different camps at odds proposition, the general strategy rather than just the purpose of dispute: political and economic reforms which give priority to? first rule or the first democracy? between liberalism and the value of the New Left dispute: just a normal pluralistic society only. < br> Finally, talk about the intellectual's role in promoting constitutional government. In authoritarian societies, people had no way to protect their own interests only by intellectuals as they plead, you need people such as Mencius, speaking before kings, traditional Chinese intellectuals plead the role of the people, is a characteristic of authoritarian society. For thousands of years has always been the case, the same is true today.
Liang had said a word, one of the biggest benefits of parliamentary democracy is closer to the people through elections and government the distance between. Government and the people are not pro-government and the people alienated the biggest problem is the authoritarian society. And in the authoritarian society, intellectuals play the role of intermediary balance. In today's intellectuals, ideology, we can see that it is very uniform. only a few, no intellectuals deny the Great Leap Forward, the Cultural Revolution, the anti-rightist presence of a series of historical events; no one can deny that Sun Zhigang, SHE, there is the reality of black brick kilns; Buying and selling and no one can deny that corruption widespread corruption; without any knowledge of all these elements can provide the legitimacy of history or reality of the debate. almost all the intellectuals that these things are unfair and must be changed, and changed the entire social system . In my opinion, how much the ideology of intellectuals and reading groups, the amount of contact with the reality of history and the ability to access a great relationship. In the real left-wing intellectuals, is among the absolute minority. even enter the system in the upper intellectuals , although they had to speak for Orthodoxy, but its heart is living in Cao Ying Han, lips that is not his real beliefs, sometimes at odds with the ruling camp advocated taking strategy is also not an end in controversy. For example, political and economic reform, political reform is not to say or not to change, but which first reform issues; left that the current practice of democracy is not suitable for China, but you probably still have to ask him. Some argue, such as liberalism and between the New Left debate about the value, only an internal phenomenon of pluralistic society. Therefore, to promote constitutional intellectual community is an important resource, almost all intellectuals believe that reform is imperative.
government power?
officials are human, neither angels nor demons
most junior civil servants or government research staff have no decision-making power, and thus not too many opportunities for corruption.
mortals have conscience, but also are selfish, and behavioral constraints in the system can not effectively provide many opportunities for criminal even under the conditions of conscience may not be able to overcome selfish desires.
within the ruling group, but does not deny that there is no lack personal conflict of interest, they may well take the initiative to promote reform, but can not blindly rely on a small number of enlightened leadership of the man sudden.
take seriously the potential of reform within the ruling group, open-minded place, Results:
Sichuan, Yunnan, Shanxi, Shenzhen and other places breaking the constitutional framework, the implementation of direct elections of township and even county
Wenling, Zhejiang Province, Shanghai Minhang, Wuxi and other places to carry out the first test
of the Guangdong Provincial Administration of democratization Wang Yang, secretary of the local reform experiments, not to seek personal gain in the speculation of the power. For this problem, we teach the Constitution as the government will say no, this is not our intention to challenge the government's fault, our career is the case. We emphasize the protection of civil rights, the right to restrict the State. discussing the case is often valuable to the government ultra vires cases. but we must take the officials are not demonized, after all, officials are human. We used to think that he is neither angel nor devil in some kind of cynical view. most basic level, government researchers and no decision-making power, without much opportunity for corruption. but most people including officials, including also have conscience, but we believe that in the face of tremendous benefit, especially in the unchecked power of supervision, because of the imperfect system He may not make conscience over desires. We do not deny there are good people among the ruling group, especially in the absence of personal conflict of interest, they may take the initiative to promote institutional reform. of course, allow them to reform their life is not easy. For example, I, as a party secretary, I'm on the party elections, to participate in his campaign, this would not realistic. But I, as a city leader, I let my district, my county, the township to promote democratic reform, not impossible.
we need to take seriously the potential for reform within the ruling group, some of the open top leaders may indeed promote China's political reform. For example, in Sichuan, Yunnan and other places, breaking the constitutional framework, the implementation of the township elections, and some places even the implementation of county elections, which are open to promote the results of the local chiefs; Wenling, Zhejiang Province, Shanghai Minhang, Wuxi, Jiangsu implement budget reforms, it is also the result of local leadership to promote. But in China's current circumstances, such reforms tend to flow in It Buzhi Yu speculative personal gain in the current bureaucratic culture flooded, this is the problem we need to take seriously.

ruling party the possibility of reform within the group is far from not only people's character, interests, aspirations, different, and the reform of the officials of different levels mean different interests between the central and local officials in the interests of the division structure at all levels can be used as an opportunity to promote grass-roots reform.
promoting grassroots elections officials for the primary is tantamount to and he did not direct stakeholders, the resistance is relatively smaller. Yunnan, Sichuan and other places is the higher level of direct elections of township government or party-driven products.
primary election within the ruling party also can start some place to start test ; inner-party democracy local to central every level to promote, not a bad idea progressive realization of the democratic election of lower levels of government.
difficulties and resistance: the inevitable bottom-up democratic political process and top-down control of political parties in conflict, such as village generally experience higher interference election.
decree
rely on the people of central policy of benefiting the Central difficult to break through some barriers to local vested interests, South China Sea
follow the model of economic reform, such as Guangdong, where thoughts can be more free and active testing of local political reform, while the central obligation is to promote the success of the country where the trial.
party reform is not without any progress, first within the ruling group is not monolithic. Communist China claims to have seven million members, I believe that China's cadre group is the world's most extensive. In this group there among the personal moral character, ability and other differences in ambition. System Reform for officials of different sectors it means to have different interests. We hope that this top-down system in China, and to let such a system to do something good for the reform, the reform of the lower through the upper drive.
, for example, implemented in the party elections. As far as I know, some places have begun to experiment in democracy within the party, norms ruling party election could prompt changes in the functions of the Relationship between Party. I have consistently advocated that the ruling party's leadership to strengthen the legislation , but should gradually withdraw from the administrative and judicial areas. This from the local to the central layer to promote, it is possible to gradually achieve lower levels of government of democratic elections. In a sense, is the implementation of training policy advocated by Sun Yat-sen. tutelage is the meaning of dominated by the central government, the implementation of grassroots democratic self-government. Of course, the central government in promoting the process will encounter some difficulties and obstacles, the difficulties and obstacles, such as to fully mobilize the power of the people may be able to achieve a breakthrough. the so-called under the policy to tackle this problem decree no Zhongnanhai, without people's participation, there is no way for us as Sanweishuwu provide space for the exchange, this phenomenon is difficult to stop. I remember, like South America and other Western scholars of developing countries, civil society in transition obtained Conclusion, coffee shops, the greater the number of Sharon to the place that the more developed civil society. Unfortunately, even in Beijing such as Sanweishuwu or rare places. I hope in the future, not only in Beijing but also in the country, the more such occasions more the better.
Future of Chinese Constitutionalism: undetermined
the event of a systemic challenge, if the lack of vision and self-confidence, the ruling group's natural reaction is more likely to boycott the reform of the upper and lower.
the past two years The grassroots elections witnessed the worst of the central m local joint: the central limit the freedom of the press in order to stabilize and give local edged powerful weapon against an independent campaign.
no competition, at least in the current environment, the ruling party also lack of sufficient pressure to start their own sound system or power.
not be optimistic about the future of constitutional government in China, though not
doomed, but at least there is no certainty of success; each successful defenders need a massive effort, using system all aspects of internal and external resources, but still full of variables and dangerous;
test depends on the individual success of a few places where the enlightened leadership, vision and courage, and can not count on the approval and support of the central, yet so far in the country not amount to anything;
growing awareness of civic rights, but officials at all levels of lawlessness and restraint does not seem so.
Government and people of central and local, national and political parties and among various factions within the ruling party how to run, is likely to produce a stable system running (such as a term of not more than two), institutional arrangements, whether favorable to the republican constitution (such as separation or whether it is more highly one party), are currently still unknown.
China's constitutional future, is indeed difficult to predict. Once the face of systemic challenges, particularly in the case of lack of foresight and self-confidence, the ruling group's first reaction is to boycott the reform from top to bottom. through the last few years things you can see, the worst happens the joint central and local, embodied in the central control of freedom of the press, this restriction has had many consequences. First of all, many of this can be resolved through normal channels to resolve the incident without the normal . such as Deng case, recently I explore this issue with the newspaper reporter, acquitted home, this decision should be satisfactory, right? but we defy the ruling from the bottom of my heart, because the ruling did not clear the fact that, initially appears strange, not be clarified, we feel that the Government use its usual way to deal with this matter. could have been resolved through open and transparent manner, and this is one of the government time to improve their image, but sometimes lose. why not? is raised above the reported positive requirements.
primary election in 2008, when the central control of information and freedom of expression led to a direct consequence of this is to enable local governments to crack down on unscrupulous independent candidates in local government, these people like Yao legislation Jingmen heterogeneous and a thorn in the government. Once closed the speech, the media can not report that closed the door the dog, the government can arbitrarily be retaliation, so that the social effects of poor. no competition in the current conditions the ruling party or on its own lack of sufficient dynamic pressure to start the healthy system. China can not be optimistic about the future of constitutional government. Although we can not say fail, but at least there is no certainty of success. every successful activist efforts are required to pay a huge , at great risk. Fortunately, there are a number of brave people of China. individual test success achieved number one place to totally depend on the enlightened, or else must be at the Renwangzhengxi situation. This reform also can not expect the central approval and support. Even if the citizens rights awareness is growing, but there is no way to bound the lawless officials at all levels. They do not seem to sense due to the growth of civil rights retreat or convergence. the Government and people of central and local governments, political parties and countries, and within the ruling party running between the various factions, can produce a stable system, the need to draw a big question mark. I often give the students an example of the Great Charter, the birth of the Great Charter in 1215, so far there are few provisions still apply . Magna Carta and the production is the King of England between the aristocracy and political struggle. We also have princelings, and other groups sent numerous, various factions fight. but can produce as the British Magna Carta or the U.S. Constitution, as the system is not good said. Of course, such as Deng Xiaoping was forced through the term of office not exceeding two resolutions, have encountered great resistance, and ultimately implemented. However, such a system can produce, without any conclusion.
new republican movement
Constitutional yet to succeed needs to be done, Comrade
back a hundred years ago today, the starting point, once again faced with the task to create a republic.
different from the previous two, the third republic was created by the people themselves and, therefore, really belong people themselves, is a real, long-running campaign, and will continue taking place.
from the market economy, democracy: only rely on the people, to achieve democratic constitutional
if they have such systems, whether benefit of the constitutional republic? do not know. Apply Sun Yat-sen's words, constitutional have not yet succeeded, comrades still have to .1908, China's first written constitution, the signing of the Constitution outline, 100 years later, we almost went back to to the origin, in a sense, may be less than when there is hope. But anyway, today we face the task of re-Republican, but compared with the previous two Republican, and the third by the Republican revolution can not be constructed could no longer be claimed by a certain very great, very honorable, very right to lead the ruling party, and to create by us. This Republican does not have a formal name, but indeed it is a real In the protracted task. such changes occurring today is quietly, but will continue in the future. This figure reflects the situation of Xiamen people walking group, and this is our citizens, this is a republican movement. The following one was this spring, in Chongqing, Hainan, and other transportation events occurred taxi strike, can say that this is the first since 1949 a strike occurred. Although the Constitution does not provide for freedom to strike, but similar events of great significance. I specializes in the Constitution, constitutional studies since 2000, more precisely, in 2003 after the Sun Zhigang incident makes sense. The reason is that the current constitutional set of things, the biggest problem is its real life with us nothing to do. China is not the hope of constitutional government constitutional textbooks, the real hope is in our people, depends on our efforts to promote China's real constitutional progress. China began 30 years ago, the pace of market reforms, and I always will be the market analogous to the economic and democratic politics. democracy is a market in the sense of politics, its logic, its way of thinking is very similar to the market economy. We do not exist before the purchase to the store to purchase but not the hair oil votes , issued coupons. to buy rice, never Thai rice, Heilongjiang rice, have no choice. This is a planned economy and our current political model is consistent with the planned economy was broken, I often ask such a question is that we Politically, when will the transition from a planned to a market model. Last ...