~.Fa, I finally finished writing it today. I don’t like to read it, but Shi Zhu is willing to write it, and even is willing to risk being scolded. Because I know that Qidian’s writing can be many, but not many can be down-to-earth, and in the novel, there are many, but there are almost no constitutional provisions, so Shi Zhu strives to fill the gap.

Readers who don’t understand, please read it a few times, you will definitely understand it, otherwise China’s rule of law will not be expected!!!

The foundation of the Five Powers Constitution lies in coordination and checks and balances. The role of coordination has been played by the emperor himself, and the terms of checks and balances must be legal, otherwise there will be many disadvantages. It is either easy to argue or it may cause criticism from all parties about the implementation of the Constitution.

The essence of the emperor's overall dominance under the constitutional system is to act as the conductor of the band and coordinate the orchestra to play concerto on national affairs. For this purpose, he can criticize any member of the orchestra, but this does not mean that he can arbitrarily devalue the level of a certain member.

Solutions to conflicts are seen everywhere within the Constitution:

||. If the government budget for the previous year is not approved by Congress for two consecutive years, the cabinet should resign.

This restriction has allowed Congress to regain the power of overthrowing the cabinet in addition to submitting a case of distrust of the cabinet, and it cannot ask the emperor to resort to the dissolution of the parliament.

For example, Article 81 is also an example. Although Article 80 of the Constitution clearly stipulates that the emperor has full authority to dispatch the national armed forces with the assistance of the base camp. However, Article 81 immediately sets restrictions: when the armed forces are used internally, they cannot be dispatched outside the special conditions of the decision of the parliament, but in order to suppress the rebellion, the use of bandits is not included.

The most direct limitations are more prominent in Articles 89, 91 and 101:

Article 89: The increase or decrease in royal funds shall be decided by the Congress.

Article 91: The royal family may hold ceremonial ceremony according to their conventions, but shall not conflict with the Constitution.

Article 101 The Trial Committee of the Supreme Court of the Empire consists of nine justices, with a lifetime term, and the emperor shall submit a decision to the parliament. Unless dereliction of duty, it shall not be replaced in the middle.

Article 107: Those who commit illegal acts of the emperor, government laws, parliamentary decisions and other state institutions have committed violations of the constitution. The Supreme Court of the Empire will be invalid from the beginning.

In addition to the comprehensive reform of the political system, the relevant provisions of the Constitution have the largest reform of judicial power. According to traditional Chinese judicial practice, it has always been "all laws are combined, and criminal and civilian are not distinguished". For example, there is only a unique code such as the "Da Ming Law" and the "Da Qing Law". However, in the new constitutional system, it is clearly stipulated that the Constitution is the fundamental law of the country and the mother law. Under the mother law, there are criminal law, civil law, administrative law, commercial law and various litigation laws, and special laws. This not only breaks through the limitations of the traditional Chinese legal system in form and logic, but also lays the foundation for further implementation of improvement.

In addition to the legal system, the enforcement entities of judicial power have undergone changes. Since the founding of the country, the power of local judicial power in China has always been in the hands of administrative organs. County magistrates, prefects, etc. are both the highest administrative officers in the local area and the highest judicial officers in the local area. The result of integrating administrative and judicial power is that the government has great energy and lacks the power to supervise accordingly. Although there may be special judicial institutions such as the Dali Yuan and the Ministry of Justice in the court, the coverage is too small. The new constitution clearly stipulates that judicial power will be separated from administrative power. Officials of judicial institutions will not be allowed to serve as administrative officials or members of parliament at all levels.

Although Lin Guangyu's original space-time and space-time also claimed to be judicial independence and administration cannot interfere, this independence is false independence. Because the financial and personnel power of the judicial institutions are in the hands of the administrative institutions, this independence can only be independent of the administrative organs. In order to avoid such consequences, the constitution clearly stipulates that the budgets of judicial organs at all levels are separately compiled and divided separately, and the government cannot interfere with how to use it, and the number of budgets is only allowed to increase or decrease. Of course, the supervision system and the audit system can monitor where the money is used.

The Constitution has also given a huge improvement impact on judicial thinking. For example, China has always been a presumption of guilt. Any suspect who is guilty is regarded as a criminal before he cannot prove himself innocent. However, the draft constitution clearly stipulates that the "presumption of guilt" will be implemented in the future. Anyone who has not proved guilty by judicial authorities will be treated as innocent. For example, the Confucianism that China has always believed in strongly advocates "the relatives can lead to the chief of the minister to hide", believing that "the father is hidden by the son, and the son is hidden by the father, and it is in it." In addition to committing crimes such as treason and corruption, the husband and wife can conceal each other's criminal acts, not accusing or testifying, and not reporting to the government, but this obviously does not meet the needs of modern legal thinking, and the Constitution will be dismissed together.

After the founding of the Constitution, China has always insisted on "no punishment for the doctor, no courtesy for the common people" Chen

It was useless. The "Eight Discussions" of "considerations on "considerations of relatives, discussions of the good, discussions of talent, discussions of merit, discussions of guest" were officially abolished. Although Emperor Qianlong believed that the Eight Discussions were "irrational and harmful to law", they were still included after all, and they were implemented in references on the punishment of the royal family Jueluo. This time, it was considered to be based on the "auspicious words" of Qianlong's land to officially clear the privileges of the royal family.

Although Western countries have included civil rights and obligations as crucial content when formulating constitutions, in terms of specific practice in China, they have always been the country before the country, and subjects only have the obligation to obey but do not enjoy the rights. The "Outline of the Imperial Constitution" does not clarify the rights and obligations of subjects, but only a tail of "leave for later discussion". However, since the draft constitution is formulated, the rights and obligations of subjects must be mentioned, otherwise it will be missing. Therefore, the draft constitution specifically sets out Chapter 7 after the state institution, publishing the rights and obligations of subjects.

Article 141: Those who are qualified by legal orders among the subjects shall be civil and military officials and congressmen.

Article 142: Subjects have the right to freedom of residence, migration, communication, speech, writing, publishing, assembly, association, belief, etc. within the scope of the law.

Since ancient times, China has been known as "a gentleman who is not a party". The court has always promoted prisons under the name of "clubs". However, as a basic requirement of modern state and constitutionalism, all rights to associations, assembly, publishing, etc. are necessary to promote parliamentary politics. Not only is it incomplete in the constitution, the rights system has also fundamentally lost its foundation.

China has always been relatively tolerant about the right to freedom of belief. Whether it is Taoism, Buddhism, Islam, or even Christians, they allow faith. However, since the Taiping Heavenly Kingdom, on the one hand, Hong Yang has called for worshiping God as a call, and on the other hand, Chinese and foreign teaching plans have frequently occurred, so the government often gives discriminatory eyes to those who believe in Christians. After the Constitution states that freedom of belief, although people's strange eyes to those who believe in foreign religions will not change quickly in reality, at least they cannot be investigated at the legal level.

Article 143: The personal, property, residence and other rights of subjects shall not be infringed upon without reason.

Article 144: Subjects shall not be arrested, imprisoned, interrogated or punished unless otherwise specified in the law. If they have been arrested, imprisoned, interrogated or punished incorrectly, they shall be corrected immediately and the state shall compensate for the losses.

Article 145: Subjects may accuse others and governments at all levels in accordance with the law, but if they are verified to be falsely accused, they shall bear legal responsibility.

Article 146: Subjects shall be subject to trial by the judicial offices stipulated by law.

For modern countries, personal freedom and property protection are the two major foundations for the normal operation of society, but in terms of Chinese practice, neither of these two points exist. In the field of personal freedom, there are legal slaves such as "coiling". Although Baoiling did not have a slave in form in the late Qing Dynasty, their actual status is one thing, and legal status is another, and Lin Guangyu believes that it must be abolished.

For example, property rights, although private property is sacred and inviolable, there is a suspicion of favoring property owners, for the people, first of all, the property in their own hands must be fully protected, and secondly, the demands of how to achieve justice for property distribution.

Article 147: Subjects have the obligation to abide by the Constitution and the law.

Article 148: Subjects have the obligation to pay taxes and serve as soldiers in accordance with the law.

Article 149: All taxes that the subjects have completed will be still subject to the same amount of taxes that have not been changed by the newly established law.

For the country, the most important thing is two obligations. One is the obligation to abide by the law, which is the prerequisite for establishing a normal state and social order; the other is the obligation to pay taxes - either pay taxes with money or pay blood taxes with life, which is the basis for ensuring the normal operation of the entire country and society. There is a consensus on "no taxes without representation" in the foundation of modern Western constitutions, but this consensus can also be understood in turn. "If you have representation, you need to pay taxes." Since the imperial parliament has been established in the central government and the deliberation bureaus have been established in various provinces and localities, the premise of having representation has been established, so the requirement to require subjects to pay taxes in one fell swoop is natural.

The end of the draft constitution is the procedure for constitutional amendment. According to the draft, only the emperor, government and more than one-fifth of the members of parliament can propose constitutional amendments. If the amendment is to be passed, more than two-thirds of the members of parliament must be present, and more than two-thirds of the majority of the members of the attending parliament agree to it. This strict limitation ensures that the amendment to the constitution is a very cautious provision.

Finally, the Constitution clearly stipulates that "the capital is the capital of the empire, the Huanglong flag is the imperial flag, the Gongjinou is the imperial national anthem, and the "Song of the Dragon Flag" is the flag-raising song."

Now, not to mention all the elements of modern countries, at least most of them have formalities... Third Opportunity Volume 3 Chapter 61 Modern elements
Chapter completed!