Constitutionalism and the development of a preliminary study (below)

 Constitutionalism and Development: A Preliminary Investigation (under)
Mao Yushi:
Professor Wang from the the relationship between economic development, discussed the issue of China, the content is very rich. Here Peking University Professor Wang Zhiwei first to comment.
Zhiwei:
fortunate to hear Professor Wang Jianxun today's report, I am very enlightening. king Jiaoshou The article is very good, great deal of research on some issues. A feature article is from the historical development of such a broad, world-wide perspective on the role of the constitutional development of the country. Professor Wang is very modest and that this preliminary view. Of course, I admit, of the text in some respects did not go deep, but still in many ways to inspire me.
constitutional and economic development issues are important. constitutionalism is part of the system, and system on a country's development. Take China, after the liberation of China's development and not to develop, largely on the system. But I think that the Chinese system and the present system of foreign economic, or legal system, there are still differences. more emphasis on China policy, ideological, very little about the system, this and our tradition. For a long time, the whole country regarded as a fundamental understanding of the institutional system, and other arrangements is not regarded system, which is a little different. In fact, the system should be many, many levels. Professor Wang to talk about the core issue is the role of economic development system, and then, he has in-depth discussion of the constitutional importance, I think talk is good. I below briefly I was inspired, I hope you criticize.
North mentioned problem involves three factors, including institutional and human relations are very important . system is established, people have to rely on the implementation and change, of course, people are not the average person, if thoughtful people. At this point, North spoke of the ideology, system, and it is related. So, talking about regime, not the quality of the people lost. We can see in the country, sometimes, the original intention of the policy establishment is good policy or legal act itself is good, but the implementation process for the problem. may be low quality of law enforcement people, from rent-seeking, fraud, policy, laws and rules of the understanding is wrong, or inadequate supervision of law enforcement. This tells us that the system and people can not be separated, to solve system problems, need to simultaneously address the problem of people. system is good, people's quality is not high, will be trouble; people of high quality, not necessarily to get things done, but also the constraints of the system. It should be adapting to each other between the two. We are talking about system, legal, constitutional changes, one can not ignore. For example, the city's business administration, police duties are very clear, relevant system is also very clear, but the execution time is a problem. even if no mention of seeking rent, there are also the quality of personnel is not high. Some people say, and now some people are universities, colleges pass the test, find the relationship between the police through the back door when.
addition, China's policies and institutions also need careful study. from the economic science perspective, formulating policies and rules need to choose the camera to choose. The former is flexible, targeted, and the latter binding. Both the former necessarily better than the latter, or vice versa? I think, two are advantages and disadvantages. discretionary instability, the effect depends on the quality of the people, judge, and many other factors. From this perspective, the rules better than the camera choice. But the question is a good rule-making is stable, the development is not good stable. In this way, the rules and what the camera does not exist necessarily a good choice, which must be a struggle. Of course, the state and society must still be rules, but rules are not there to have some flexibility, for example, the law Some cameras have a provision in the terms of disposal. This is something I have not thought through, but I think this is a problem.
national economic and social development and is closely related to the constitutional and institutional. But Prof. Wang's research is more more shows, constitutional federalism in Western countries the positive effect on economic development, by contrast, China's non-federal state, which is the study of Chinese and Western countries, is worth noting that the premise. China started from the Western Zhou Dynasty, Zhou Packet vassal emperor, princes, after their own way, the forces of growth, the emperor week unwieldy, can not solve this problem, leading to confusion in the Spring and Autumn. If the term is so, what will become of China, we do not know. But history is, Qin unified China, laid a great unified China for thousands of the situation. In order to maintain internal stability, centralization is necessary. So central in the development of a unified all aspects of the standards and norms, hostile attitude of the difference, a tradition in the feudal era basically preserved. China's geographical and environmental conditions, which can ensure self-sufficiency; and European nations is very small, limited resources and face the competition of other nations, which resulted in the unified society in China and Europe, small countries closed The openness of the contrast. The result is the development of open and closed the result is left behind. Historically, the Tang Dynasty and Ming Dynasty, Zheng He's voyages period, and the early Qing Dynasty adopted a relatively open policy, China's economy is relatively prosperous, But in addition, are lagging behind. So, I think the basic difference between the historical factors that determine the formation of the state is to take closed system or open system, this difference is the enthusiasm of the country and caused some national impact.
promote economic the development of many factors, although the system of constitutional very important, but other factors can not be ignored. long-term process, system and people should be synergies between development, even if constitutional, and is also implemented in the game, not a smooth, not above a development, nor is it following a request to set up a constitutional government. constitutional must be based on the specific development of China in different parts of the game, the intersection of the upper and lower levels in the developed. constitutionalism can constrain some shortcomings, but for constitutional government can has provided the factors for development of this lack. freedom is necessary, the system is necessary, but whether to rely on constitutional incentives to provide it?
Hayek's views on the knowledge there is some truth, but problems. If we think of a small federal provinces of China, have their own information, have the right to independently deal with these information, the macro level, we need a channel of information. After all, Hunan, Hebei, will not know what is missing, to what extent the lack of . At this time, some institutions need to provide information and guidance on the macro suggestions to reduce transaction costs, problem-solving.
personally believe that the problems mentioned above, we also need to keep in-depth study and thought, do not absolute. on the importance of different aspects of different issues that we can weigh, but it will not be able to throw away any one aspect. Otherwise, the level of a specific problem or will have a one-sided.
Mao Yushi:
Professor Wang emphasizes person's role. Here is the capital of a large trade into the teacher Liu industry to comment.
Liu Ye Jin:
Jianxun I watched last night's articles, not finished, then talk about the next lesson. I really appreciate this article, see Jianxun many times in the Chinese discourse on the Hayek Society. should be said that constitutional development is closely related to our society This article needs to promote this view. Now, I talk about two points.
First of all, many things can promote constitutional government, for example, development, freedom and development in parallel, perhaps, protection of ecological environment. you ; freedom It also can not ignore the role of promoting freedom itself, constitutional, and not only to promote economic development, increase per capita income, it also protect our freedoms, and this in their personal lives and an equally important role in promoting development. If the ultimate development of the case, with the ultimate personal freedom. paper that if this thought might be more accurately conveyed.
Also, I very much agree with the article's overall logic of the chain, but there are missing links. your argument Starting from the constitutional logic of the constitutional provision of the appropriate government structures (including the free to promote economic development, you will jump to the economic development. However, the logic of economic development, freedom of the chain has yet to be added. The Government's structural arrangements, the fundamental rights and freedoms of individuals to economic development, the internal mechanism in the end is what? you speak to the following points, firstly, the Government's structural arrangements can promote economic development. For example, the constraints on rent-seeking efforts led to more people for the production of an independent judiciary lead to a stable expectations. Our recent research in the Development and Reform Commission, many response to private operators, their business premises are not protected, subject to the demolition, which suffered huge losses. people do not have stable expectations, will not dare to venture. In addition, the local government competition is conducive to innovative spirit of entrepreneurs move, local self-government in favor of the use of local knowledge, which also will lead to economic development. Second, you have talked about the protection of individual rights can promote economic development. For example, property rights protection to ensure the activation of capital, freedom to encourage innovation activities. described above help to explain the constitutional role of economic development, but they were scattered in the article. And, these two points is not enough, you also need to add the market to promote constitutional government. discusses these three points, the freedom and economic a link between development needs, the freedom of the reason is because freedom leads to economic development of the so-called nature of knowledge sharing, trade expansion can promote the division of the deepening division of the deepening of wealth the source, can promote economic development. This logic chain in the text more dispersed, if they can sort out, from the constitutional to the economic development of the jump can eliminated.
I'm not very understanding of politics, the rich are listed in the text you read the literature very thoroughly enjoyed themselves. back when contacting with the economic development of government restrictions and the protection of freedom is nothing but an extension provided for the transaction supportive institutional arrangements. Similarly, the application of these theories to China, it is easy popularization and the popularization of a benefit is that everyone can understand. constitutional promoting economic development logic to make it clear, we believe the constitutional order can promote freedom, freedom to promote economic development. Jianxun economics of the system of constitutional interpretation in favor of more constitutional, Xiaokai on the constitutional relationship between economic development and also made many contributions, and his economic development of this side of the argument a little more, as the transaction expansion and deepening of the division of labor, the emergence of wealth. you have different emphases, together may be more complete logical chain.
I talk so much, thank you!
Mao Yushi:
I thank the teachers, the following We invite comment on Beijing Normal University's Dr. Liu Peifeng.
Liu Peifeng:
very honored to-day forum is to attend the bi-weekly. days are the activities I participated in many a long time, the day is also my study . Although I was not much contact with you, but I have been watching, how to form a public space, how the formation of social commonality. day through the research, extension of social space, for a number of important, sensitive topic for the private the expression of channels and increase the resilience of the community, make our society more tolerant and open. Fortnight has organized forums to 393 times today, provides a good platform, so that our diverse society, while maintaining the consistency of this long-term development of social identity and the formation of public space is very good. I recently wrote an article published in Japan, is talking about this phenomenon. However, I concluded that very pessimistic : diversification of the bottom of society, but the upper class is undemocratic. Chinese society for thousands of years the structure of the upper and lower is very consistent, inconsistent now has.
In my opinion, Jianxun article on China's development is explanatory, if the parties can be accepted, will be very exciting. because people seem to think that law has failed to make any contribution to social and economic development, but now, we conclude that the constitutional system is to promote economic development important factor. In this way, the government may be more concerned about our jurists, rather than simply focus bucks. especially the local government, they may be more concerned about who can bring them much money, not an order, a governance rules. Now, I ask a few questions and to discuss it Jianxun.
First, Jianxun the Constitution divided into two levels of horizontal and vertical, and according to my own understanding of constitutional government, constitutional government can be divided into two levels: first, decentralization of political power, including horizontal and vertical you said; In addition, political power and social power of the separation of powers, that is, the order of civil society itself, the impact of the government. Without a strong civil society, the government restricted can not form a multiple system, whether horizontal or vertical separation of powers, are likely to become a spoils system. Putnam also studied the relationship between constitutional and economic development, he believes that the development of the south in northern Italy is not growing because there is no civil society in southern constraints. His conclusion is that civil society has no direct effect on economic development, but there are indirect effects, it improves government performance, increase social trust, reducing the cost of economic transactions. I Kuan Tao front in Taiwan to all of Taiwan The temple looked again from south to north, saw a full 10 days. I found that when an increase in social trust in religious organizations, the economic activity will increase. because they were all doing business between the channel groups, negotiation cost is very low, and interpersonal harmony, we will meet after the bow, which led back to the past few days I wanted to see the bow and greet people. Therefore, the constitutional right may not have a direct impact on economic development, but its creative economy may be many factors, such as reducing transaction costs, improve government efficiency. I'm no economy, do not talk too much.
ability to act with the Government on constitutional, not to say that centralized, government has the power, the constitutional separation of powers system, if the civil society The operation cost is low, the Government is also efficient, long-term development of society is good. a single centralized system may be short and effective, but long term, will be broken, but not efficient. In addition, the constitution can bring fairly orderly environment, without a fair environment, economic development is a problem, which may cause the rights of both of us, namely, political rights and economic rights which is more important. The Constitution is very clear conclusion: if politics is fair and economic inequity can be resolved through political corrective; unfair if the political, economic fairness will soon be the unfairness of the political plundering.
Finally, you divide the text when the time, what a long count period. The longer the time to explain the social and economic development of the more influential factors. For example, the development of the Dutch East India Company may, colonialism has a relationship. In addition to outside the United States, you look at a single multi-ethnic nation, multi-ethnic country like China, economic development is very uneven. constitutionalism is important, but the key issue is the realization of the need to reach consensus on constitutional, but the cost can be very expensive to achieve. In a multi-ethnic, uneven economic development country, if the cost is very high of a constitutional, constitutional and economic development will change the relationship, which may also explain the situation in India.
These are my impressions. Thanks again for days, then, do so much for the community contribution. I have observed several research institutions to do similar work in the long run, is very beneficial to society. especially with the openness of a society is resilient, and we dare not say anything before, and now a lot of words to say This is the result of long-term social development. a social taboo, the more dangerous. Thank you!
Mao Yushi:
we still have time, we now speak freely.
Zhang Shuguang:
Jianxun The article makes sense, is a big problem because the constitutional development is a major problem. Last year, the day is the 30th anniversary of the seminar, Professor Jiang Ning about the two last word, the development is the last word of human rights is the last word.
I agree with the views of business into, there are many aspects to the development of constitutional and must get through them all to explain the mechanism. and, to some extent, this framework can also be 30 years on the development of China's explanation. Although we did not establish the constitutional, but some factors appear to promote economic development. For example, it appeared 30 years local competition, including from province to province, from county to county competition, better than a weak constitutional system. But because there is no establishment of constitutional government, not decentralization of central and local, the competition on the one hand, brought economic prosperity, on the one hand it also brings many problems, such as high costs and waste, the nominal development. In addition, this years, the freedom of people bigger than in the past. Although still difficult, but now individuals have to invest, you can take to get rich ideas into reality. But in the long run, if not constitutional, it would be difficult to ensure that this development . For example just mentioned, property rights, its protection is very important because we need a kind of sense of security, a kind of stability expected. But now we do not have the constitutional system, there is no such guarantee. A while ago, Ren wrote a story about how many show business celebrities into the foreign nationality, a lot. we look at, although the officials and CEOs of state-owned enterprises do not have foreign passports, but this is required by the Government, if we look at their families, their spouses, children and relatives, but also a lot of both. The third group is the largest manager of private enterprises and their families, but also a lot of people have foreign passports. elite of this society, money, power, a capability, many are a foreign passport, people's sense of security is obvious. In this case, it is impossible to capital has devoted to economic development. Therefore, the security problem is not solved, everyone do a good job tomorrow, escape preparation, the economy is certainly not a good development.
I recently read the book Gu Zhun, he speaks very clear: the Chinese system is in fact not the feudal system, but tyranny. Western Europe the feudal system is the city with money to buy to the right of freedom. Knight class is not only the bottom of the economic life, but also the main battle, they are only on the manor, rather than a national obligation. Knight if you do not fulfill their obligations, lord of the manor can take the packet to his land walk; but if too many manor request, beyond the provisions of knights can fight. just said development. But the totalitarian different, only the upper class has the power. Therefore, the Chinese authoritarian thousands of years, is embarked on a completely different way and constitutional. authoritarian society, the basic contradiction is the contradiction between the official and the people, even today, there are also such problem. dictatorial form of government, although the city can be developed, business can also be developed, but one thing can not escape is that these developments are as autocratic services. In the past, business, development of the city are actually a cash cow autocratic monarchy. Now, the situation has not changed much. culture, science and technology is the same, from the past or engage in other outside activities to explore the universe, only as a personal interest, the official does not need, and, in fact, no individual freedom of these activities. The same is true of today's culture, we can only follow the mainstream, not the development of others. For science and technology, without institutional protection of patents and innovations, it is also difficult for invention and innovation. dictatorial regime of the history, culture, science and technology rests in the hands of rulers, but also for official services. This is why science and technology in Europe to develop, while China has only developed a set of Confucian thought. So,
Finally, do not establish the constitutional government, in the end can not guarantee long-term development? historical experience can only mean something in the past, the future what will happen, history can serve as reference, but the forecast still is not enough support, we also need further exploration.
Mao Yushi:
I said little about the development of measurable indicators. We know that, in addition to per capita GDP, as well such as Human Development Index three years, I estimate the Government's reasons million people died, including thirty-five million starved to death, and fifteen million other reasons: the land reform period, the fight against landlords and rich peasants, it is estimated to kill a million people, the suppression of counterrevolutionaries in seventy million people killed, after the Korean War, hundreds of thousands dead. We say that the expense of the Korean War in the country people, die proud. But from the position of the people, if not because the government's mobilization, and other reasons, They may not want to die. then down, the second movement, killed hundreds of thousands of people about, beaten to death in probably hundreds of thousands. So, in those three years, an average of five thousand people a day die. Deng Xiaoping came to power, anti-self-defense killed tens of thousands more people, the level of hurt. to the standards the United States, are not necessarily good. they in Afghanistan, Iraq has died a thousand people. no matter how great ideal, and more great slogan, too injustice of these people die .
I think this indicator, there are still many problems, but it can provide another dimension to our thinking. constitutionalism is to protect the people, and the results now because the government killed people, then, that there is a constitutional problem. I think this is an indicator that can be considered.
Zhang Shuguang:
The following are free discussion, and who has questions can be raised.
audience:
Wang, constitutional development You put it in a little not very clear. I would like to ask, is how each country into constitutional?
Wang Jianxun:
thank the teachers and listeners comments! I will first answer the question the audience, and then do you comment on the teacher's response.
on how to create a constitutional issue, not a suitable answer to all countries, each country can implement the constitutional process of writing a book, article, I discuss this not . I direct use recognized standards to measure whether a country is to establish a constitutional or limited government.
how to establish constitutional government in China I have to say a few question. I think China should take the bottom of a constitutional way. Why is the bottom-up, not top-down? I examined the development of European constitutional history since the Middle Ages, and the United States history, I found that these countries are basically the history of constitutional bottom-up. no ruler, King voluntarily give up power, declared a constitutional government or democracy. Even with such a situation, in my opinion, it will not establish a stable or mature constitutional system of government. back to the Middle Ages, from the place to start is constitutionalism, the city of the Republic , municipalities began to establish constitutional government, limited powers of city government to protect people's freedom. Rural people can escape the city, least one year and one day to get free. Therefore, it was crazy to cities. With local constitutional only after the larger community of the constitutional, only the state, even as the European Union beyond the country's constitutional way. the U.S., is beyond the country's constitutional community, and its basic constitutional process as well. now discuss the U.S. Constitution, are generally attention to its 1787 Constitution and after the constitutional history, in my opinion, this relatively one-sided understanding. source of early American constitutionalism established in the colonial era, 1620's a constitution. Since then, hundreds of thousands of villages and towns where the Department, the city's constitution, laying the foundation of American constitutional government that the Constitution of 1787, a lot of content is built on the earlier colonial era, even after 1776 based on the Constitution states, not all innovation. even if such a system the federal design, in a sense, is also being practiced in the colonial era. Therefore, considering the situation in China, I also shared this view: constitutional government in China should be a bottom-up, the first implementation of local self-government, so that every village, towns, cities and provinces have achieved a high degree of autonomy on the constitutional sense, that each village can be a constitution. Today, we a great misunderstanding of the Constitution, have always felt that the State Constitution, which is very wrong. In the United States, in addition to federal, each state has a constitution, not only that, each of the following cities in each state, each county also has Constitution, the name does not necessarily called constitution, charter, etc. can be called. European history are too many examples of this, every city charter, it is their constitution. This is the equivalent of the company's articles of association, the day is the day the constitution of the the constitution. Each community can have its own constitution. that the Constitution only states are very narrow. For example, the EU can have a constitution, but the EU is not a country, the EU is supranational, is moving toward the federal system of government, the United States not a country, not China, France, the sense of nation-state, her English name mmTheUnitedStatesofAmerica told us that she is composed of a bunch of countries. America's founding philosophy is completely different from Hobbes and Jean Bodin's theory of the state, they think, Only a sovereign country, while the U.S. share of the federal system of government is sovereign. This regime is to follow the EU, Switzerland is especially true, all the federal states are like this, are not a nation, but a bunch of the United States body. I think China should take this path in future. just in Feng said that China is a multi-ethnic country. Actually, I agree with my friends to say: China is the last empire on Earth. how to make an empire into a federal republic, is the biggest problem. Today we see the existence of instability minority areas, and if these places have a high degree of autonomy, such as federal states State (State), as you can manage your own affairs I think they do not want to make trouble splitting. Many people have misinterpreted federal, that the establishment of federalism is to split the country, in fact, on the contrary, the federal make people more peaceful coexistence. in the present federal state, we hardly see not separatist, but just in a single, centralized state, the split factor of instability is the strongest. This is not only the experience of observation, and is theoretically tenable.
Wang Zhiwei the teacher who referred to the relationship between the system and is a big problem. Basically, the system's problem is a human issue. Although the system is in development, in implementation, people change, all play a role in which, but that does not mean that the system is not important. because people are vulnerable, so the system is necessary. If we believe in human nature is good, as Madison said, if everyone were angels, we do not need government, and not need the system, if it is an angel in the rule, we do not need to limit the powers of government, not the Constitution and any other law. precisely because there were evil side of human nature, so we need system. as long as the group of people want to live in peace and freedom together, the system is essential, unless they are perfect, but in reality there is no such perfect. that people are more simply because we now discuss the social problems often put the blame on to the system, saying that this and system related, not personal problems. may, in turn think about the operation of the system does not rely on everyone to do this or that way with it? therefore, want to change the system, each person must be able to consciously recognize that the system in question, they can not continue to do its accomplices. In this sense, each person decides what social system, of course is more important than the system. who is the end, the system is just a means of people to live better. So, I fully Wang agreed to say.
The relationship between the systems and policies, this is a unique phenomenon in Chinese society. Western governance relies more rigid social system, although there are also flexible, but unlike our society, unspoken rules that rich, tenacious, so that often replaced the formal system, the strict sense of the system into the decorations. The Constitution is such decorations, powerful people will not believe the Constitution, he will not feel the Constitution and their own What is the relationship, he was only interested in whether the interest of his boss if he could please the boss to get promotion, he does not care whether they perform their duties in strict accordance with the Constitution. Policies Why such a big role in society? our concern is often is not a constitutional amendment, but a dozen or a few large plenum, they can not replace the Constitution and laws, can they determine the constitution and the law. In other words, we are still relying on policy, not the law to rule the country. I was write a little story about how the transition from the Law and Politics Political governance governance. we are still a Political governance, legal political decision, not a legal decision to politics. Why is this model? This is a complex issue which deserves further discussion.
Federal and development is also a big problem, can be specifically discussed. Interestingly, many developed countries are federal states, where the Non-formal sense of the word. from the formal sense, many people do not think Britain is a federal state, but in real sense, the United Kingdom complete the federal form of government. This is from the Scottish Parliament can be seen on the Scottish Parliament and the English Parliament almost equal .2007, thousands of people took to the streets of Scotland, for full independence, because they feel that autonomy is still not big enough. Canada, Australia, not to mention, these are federal state of prosperity. the federal and constitutional government is inseparable, or that necessarily mean that the federal constitutional system of government, unitary and centralized form of government and constitutional system of government itself is a departure, because it assumes the existence of a supreme power.
on Hayek's theory of knowledge, I would like to He did not deny the national government, he was just from the perspective of theory of knowledge against the centrally planned economy. and the need for central direction will depend on how we understand the guide, whether the central control of the economy by how much. These are the extent of problem, not whether the issue. I tend to think that economic matters and the government not so much the government as long as the protection of property rights and civil liberties, the people know what trades to make money, they will develop. I basically oppose the government intervention in the economic field, even against the government, monopolies are many benefits, such as insurance, health care, education and so on, because the government does not do the job. Government intervention actually destroying our health and education, take a look at our current situation of education know, the government-controlled education is terrible.
I agree with the criticism into industry, from the constitutional logic of economic development, the chain has a lot of jumping. I have repeatedly stressed in the text, constitutional and development may be indirectly Related, I do not claim is a direct relationship between the two may be constitutional in some of the factors, such as property rights, and development of direct links. However, many other factors, such as separation of powers, not necessarily directly related to development, but by other factors, for development ....