4 A) e- }0 X, x5 h; {1 d/ }5.39.217.76可是講到憲制主義，即憲法高於黨的地位，在中國仍然是一個未能觸及的領域。隨著中國一系列改革，反映政府與人民的關係也因「透明度」提高有所轉變；5.39.217.76$ Y: c2 V3 [: k
然而，也有很多批評者覺得，中國官員屢次「妖魔化」憲政，繼而架空憲法的行徑，是最終不能有效看待法制改革的幕後黑手。葛維寶補充，目前中國並無有效機制確保憲法得以有效實施，是為一大缺陷，但可幸的是，這種敏感議題，至少在此時此刻，能夠讓有關方面藉此機會作出討論。5.39.217.76% u; T5 g* J4 F- `7 c& v
公仔箱論壇7 B" [1 a' i% J9 V
簡單來說，「依法治國」的意思是確立一個制度，不單是用來約束社會及其騷動，也是用來約束政府自身。最後，葛維寶總結，「依法治國」的方針並非是要 . g; i" U7 @: }: N$ ?8 g2 x/ f( Atvb now,tvbnow,bttvb推翻以往所說的「和諧社會」政策，也並非要對於異見分子－－諸如西藏及新疆－－的打壓。在中央領導人的眼中，「和諧社會」是一個造就穩定經濟發展、脫貧的施政策略；而「依法治國」，則是一個讓中央領導人窺看法治何以促進社會穩定的契機，進而履行法制改革。 1 `& o9 ^% l1 ?公仔箱論壇tvb now,tvbnow,bttvb" t4 a: N6 e$ D8 M
葛維寶稱，在中國同樣包含了很多反對改革制度的社會人士，無不令改革派受到阻礙；對此，他認同中國改革的步伐與進程。 1 f: p9 n K8 p$ m% n$ y* X0 K5.39.217.76 " B G1 ]; P1 a. Z& ?" J5 ltvb now,tvbnow,bttvb 9 |/ H" f' d# t$ kTVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。What China Means by ‘Rule of Law’ ; i1 h( k9 M) ]- W2 M8 `! J公仔箱論壇By PAUL GEWIRTZ5.39.217.761 }* A+ M& a$ K+ Q1 r T
TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。# @$ V6 \! S$ k7 Q! A
NEW HAVEN — Two weeks ago, with the democracy protests in Hong Kong in full swing, China’s official People’s Daily newspaper labeled them“illegal” and called for protecting “the rule of law” in Hong Kong. Such statements left observers with little doubt about a central meaning “the rule of law” has in the People’s Republic: the Communist Party’s use of law to control and regulate society. + q: B: a( T- V: iTVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。 ; f3 ~- i& f9 I. ^# b& y d0 [" Ttvb now,tvbnow,bttvbYet there’s plenty of evidence that China sees the rule of law in far more nuanced and complex ways. Today the Communist Party’s 18th Central Committee starts its Fourth Plenum, and the main topic will be the rule of law in China — the first time in party history that a meeting with the authority of a plenary session will focus on the rule of law. And there are reasons for a measure of optimism that the plenum will demonstrate more complex views about the roles law can play and also take meaningful steps to advance new legal reforms.8 o/ m% r; F9 p2 {) ]- \# U2 K
/ b D) B; d- H9 C3 I. H$ s+ }9 sTVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。Of course, legal reform has major limits in China’s one-party authoritarian system. There won’t be true judicial independence. All bets are off whenever the party sees a threat to its continued power; steps toward the rule of law don’t mean steps toward multiparty political democracy, which China’s current leaders totally resist. When the plenum issues its report, it will surely underscore that one central role of law is to maintain social order.& s: d" A+ t0 K& k% t0 T
tvb now,tvbnow,bttvb# e% o& `. E# p2 R: F! k0 k
But, contrary to what pessimistic observers have predicted, the plenum is not likely to treat law as merely a tool for the party to control Chinese society, a throwback to the “Legalist School” of philosophy from 2,200 years ago which President Xi Jinping seems fond of quoting. Chinese society and its legal system have already changed too fundamentally for that, and the current regime led by Mr. Xi has already signed onto many reforms and even adjustments in ideology that represent positive steps toward a modern system of rule of law. These changes aren’t just window-dressing; they reflect the leadership’s recognition that it needs to improve governance, address widespread public grievances, and respond to public opinion.5.39.217.76' @5 M* Y+ w8 _7 D6 @
tvb now,tvbnow,bttvb. B- R! L* i5 x* ?
Consider some legal reforms that have been made in just the last few years. Use of the death penalty has been cut roughly in half, with improved procedures for deciding on its use. A new Criminal Procedure Law has been adopted, providing significantly more protections to suspects and defendants. The odious system of “re-education through labor” has been abolished (though, to be sure, what will replace it is still not clear). 0 W$ f' O* F# @! i0 M2 A O公仔箱論壇7 A5 I9 Y, s, x! i( j: w9 o) j2 Q1 }
A sea change has taken place in government transparency, with important requirements of open government information changing the relationship between the state and citizens. Zhou Qiang, the strong new president of the Supreme People’s Court,recently issued a five-year judicial reform plan promising to enhance court independence from interfering local governments, increase judicial openness and transparency, improve fairness to individual litigants, and further professionalize judging. 0 r4 U |. i7 e. }. Ctvb now,tvbnow,bttvb , P4 z a# u: ~% U7 u+ P4 F' wSome critics point to recent official statements demonizing “constitutionalism” and ask how can China be serious about legal reform if it denigrates or sidelines its own Constitution. In fact, “constitutionalism” has become a code word for a specific idea: importing Western political democracy, which China’s leaders will not accept. But as for the Constitution itself, Mr. Xi recently called it China’s “fundamental law” and said that to “govern the nation by law means to govern in accordance with the Constitution.” China currently has no effective mechanism for enforcing its Constitution — a major deficiency — but at least that crucial topic is now being openly discussed.8 R" t6 b$ U' ~
. u0 n1 B7 M3 @! Q/ \: p- Q# T1 Q5.39.217.76China’s leaders see improving the legal system not simply as a way to control society but as away to rein in wayward bureaucrats, insist that local officials carry out national policies, establish rules of the road for a more robust economy,provide peaceful ways for citizens to resolve disputes and seek redress for grievances, reduce the corruption that’s seen as the greatest threat to the Party’s continued hold on power — in short, to constrain government itself, not just to control society and contain social unrest. Mr. Xi may have been playing to the crowds when he recently spoke of “locking power in a cage,” but it was a recognition that the party needs to constrain some of its power in order to keep it.; ?( m: Y! V- k# M
0 _$ o. G) G& i5.39.217.76Moreover, China’s maturing legal community, as well as ordinary Chinese citizens, follow these developments carefully, so expectations have been raised. Failure to deliver and actually enforce reforms would create a destabilizing push back on China’s leaders. The most convincing reason for outsiders to be cautiously optimistic about these developments is that many legal figures within China, like the revered legal scholar and reformer Jiang Ping, have written about the plenum with cautious optimism.公仔箱論壇1 N5 L [. S$ p% K
This is not to say that China is about to abandon its preoccupation with “social stability,” which too often means silencing or imprisoning peaceful dissenters and activists who blow the whistle on some of the country’s many woes, including environmental degradation, abuses of power and needless policies against Tibetans and Uighurs.. But in the eyes of China’s leaders, social stability is what enabled China to lift hundreds of millions of people out of poverty in a mere few decades, generate huge economic growth, and peacefully re-establish China as a major power among nations. The prospects for legal reform will be greatly enhanced if China’s leaders come to see how the rule of law itself contributes to social stability. 1 h+ _9 a4 b* Z3 q% j; h1 u# C$ }; K) h! |
Above all, we should recognize that every reform made or promised in China, even in a regime that contains factions opposed to reform, provides an opening for a large group of scholars, activists, reform-minded officials, as well as ordinary citizens to push to implement the changes and to find new openings for reform. The constraints are real, but so are the dynamics for producing ongoing reforms. , L0 h5 Q7 f$ Ctvb now,tvbnow,bttvb + {5 I. `- _! Q, {: S. vtvb now,tvbnow,bttvb# l/ X3 Y b1 l2 h! d( | Paul Gewirtz is a professor of law, and the director of the China Center, at Yale Law School. 作者: maniac2000 時間: 2014-10-29 09:13 AM
中华人民共和国宪法序言第七段已经明文规定党领导一切，包括所谓的人大，人民民主专政，所以这次的四中全会，只是明确了党权高于一切而已，用反腐打击对手，提高自己个人形象与地位，再以明确法权属于党领导之下，强调一党独裁的合法性，这就是中共也是习近平的施政方针与理念。在四大全会的决议中，明文规定，可以对“不全时适"的法律进行修改，也就说明。党有修改法律的权力。这种根本就不是什么法治。完完全全的党权治国。与当纳粹上台后的所作所为没有一丝一毫区别。党权高于法权，党干部滥用党权，欺压法权，违法轻究，违法不究的年代即将开始。悲哉我中华大地，悲哉我中华百姓！作者: felicity2010 時間: 2014-10-31 07:08 AM
