Papers Category:Political Papers
- Democratic System Papers
Post Time:2011-11-4 23:07:00
Abstract: during the war, the strategy of the Chinese Communist Party through policy adjustments, to stop two regimes against each other, resulting in a country to implement two different social systems, a common anti-Japanese national salvation, which is both realistic adhere to the Marxist Communist Party of China, proceeding from reality the result of the ideological line, KMT-CPC cooperation is the crystallization of historical experience in the new historical conditions, the 'two systems' put forward, is a country during the war are two different systems of inheritance and development, it not only laid for the realization of peaceful reunification of the motherland a solid foundation, but also for the evolution of the national legal system and coordination had a significant impact, put forward new requirements.
Keywords: Ningxia Border Region; the National Government; law; 'one country two systems'; legal coordination
Anti-Japanese War, the Shaanxi-Gansu is the new democratic regime, the national government bureaucracy is landlords and comprador bourgeois dictatorship, the two are opposite in nature, the legal system are not the same. However, during the war, the KMT-CPC cooperation under specific historical conditions, the anti-Japanese national united front based on a political basis and the overall interests of the Chinese nation, the Border Region Government to accept the administrative jurisdiction of the ROC National Government, a national government-led 'Special Administrative Region.' As a result, some legal recourse to the national government is inevitable so that there were two different legal in nature based on the 'KMT-CPC cooperation,' the overall coordination of the legal system. This rule of law coordination, is formed during the war 'one country two systems' model The results for the new era of its 'one country two systems' model, the correct understanding of Hong Kong, Macao, Taiwan and even the legal system of the capitalist countries, will provide a useful historical reference.
First, the 'one country two systems' model is preferred to achieve the peaceful reunification of the motherland mode
In 1937, the CPC Central Committee to the National Government made a joint Japanese and four of the five requirements to ensure that, where 'four guarantees' theory, already has a 'one country two systems' thinking of the prototype: the first one 'across the country cessation of armed insurrection to overthrow the National Government's policy of 'No. 2' workers and peasants government renamed the Republic of China Special Administrative Region Government, the Red Army was renamed the National Revolutionary Army, directly under the Central Government and the Nanjing Military Committee guidance 'reflects the' one country 'idea, Communist Party of China recognizes that the National Government is the legitimate government of China. The first three 'in the Government area, the complete implementation of universal suffrage democratic system', No. 4, 'the confiscation of the landlords and land policy, resolutely implement the anti-Japanese national united front of the common program 'reflects the' two systems 'thinking. The first three are the political system, item 4 is the economic system is in the' one country 'under implementation' SAR 'system, which shows that the Chinese Communist Party against the state to abolish the two regimes in + countries to implement two different social systems, the idea of ??a common anti-Japanese national salvation. This idea is also Communist Party of China led by Mao Zedong based on Marxist theory, combined with China's national conditions and traditions, in line with the principle of one China, according to the country the general requirements of class unity against Japan and the Chinese nation's fundamental interests of the initiative of the same year the National Government to the Shaanxi-Gansu-recognized by the government, making the country through a system of two different ways to achieve the second KMT-CPC cooperation become a reality, both China real respect for history and the Communist Party, adhere to Marxism realistic, everything from the reality of the ideological line of the results, but also the historical experience of the crystallization of KMT-CPC cooperation, although at the time did not use 'one country two systems' concept, but one country, two systems of practice to ensure the final victory of the war.
Well-known reasons, the founding of New China, the Chinese mainland and Taiwan is a de facto separation of state of both sides to take a different social system to achieve the reunification of the motherland is the use of war to resolve, or open to negotiate a peaceful settlement, is placed In the face of the reality of the Chinese Communist Party .1981 August 26, Deng Xiaoping, met in Beijing with Hong Kong and Taiwan celebrities Fuchao Shu, the first openly to resolve the Taiwan issue, 'one country two systems' concept. 'one country two systems' concept put forward, created a new state structure model, is the Marxist theory of the state's wealth and development. as opposed to 'one country, one system' (the right of sovereignty and the rule of unity, the concentration of power) and 'two, two systems' (separation of sovereignty and the right to rule , lead to secession), 'two systems' unification under the sovereignty claim, the right to rule the relative separation, high degree of autonomy in order to avoid excessive concentration of power or secession. 'one country two systems' will form a single national structure and complex organic form of state structure together, both to avoid a variety of 'confederation' of short, off than now to the various 'federalism' more in line with China's reality.
'One country two systems' concept is proposed for solving the Taiwan issue, but in Hong Kong, Macao thoroughly practice, from the implementation point of view, 'one country two systems' model is the successful establishment of Taiwan and Hong Kong, Macau Although there are many different, can not copy, but after all they are an integral part of Chinese territory, were implemented with different social systems in China, 'one country two systems' principle also applies to the basic Taiwan based on the '1992 Consensus', April 2005 month, President Hu Jintao and KMT Chairman Lien Chan when he held a landmark meeting, issued a 'shared vision of cross-strait peace and development', opened a new chapter in relations between the two parties since then, 'shared vision' included in the platform of the Kuomintang, Lien Chan, Chairman Wu Poh-hsiung is committed to implement. July 26, 2009, Ma was elected KMT chairman, made it clear that the proposed 'shared vision' to be included in the KMT's platform.
In the new historical conditions, the 'two systems' put forward, during the war is a system of one country, two different modes of inheritance and development of building socialism with Chinese characteristics is an important component of the theory it will help ensure that Taiwan's prosperity and stability, and peaceful settlement of the Taiwan issue is a necessary prerequisite for the development of the international situation and the objective requirements for the peaceful settlement of the Taiwan issue to establish a realistic path for the realization of peaceful reunification of the motherland has laid a solid foundation.
Second, the 'one country two systems' on the country's legal system has a profound impact on the development and changes
During the war, between the two parties established a 'one country two systems' of cooperation, the then national legal system, whether it is the basic nature, composition or the interpretation, application have had a profound impact in the current new situation, 'one country two systems' for the development of the national legal system and changes still have an important impact. 1 'one country two systems' basic properties of the rule of law.
' One country two systems ', the coexistence of two different legal systems, either dominant legal system, have been given the basic nature of the country's legal system has brought change and development. Different nature The legal system in the 'one country two systems' is no longer under the confrontation and exclusion relations, but compatible with each other, learn from each other. during the war of the 'one country two systems', as 'special administrative region' of the law and the KMT-border legal co-exist, and border The law is local; the current new situation of 'one country two systems', as 'special administrative region' of the law in Taiwan and the mainland legal co-exist, and Taiwan is part of the law. different periods of 'one country two systems' under the rule of law are respected history of coexistence and realistic basis, from the peaceful reunification of the overall situation, in order to produce the form of agreement or law, which will not only help the different exchanges and cooperation between jurisdictions, but also help to advance legal modernization process.
2 'one country two systems' impact on the legal form, whether it is during the war or liberation, China is a unitary state structure in the form of unitary state structure, the uniformity of law is the proper meaning, while' two systems ' implementation, the coexistence of the different nature of the legal system, making the original composition of a single system under the legal system is broken, 'one country two systems' under the legal form showing a variety of characteristics, tends to be more complicated. both the dominant region for a series of legal system, but also apply to 'special administrative IX' of the legal system, the formation of a unified law constitutes a two-track, multi-layered diversity of the system in the war, the 'system' under the law constitutes the performance of the KMT to maintain its rule to develop a series of laws and regulations and the Japanese side of the Communist Party in the consolidation of new democratic regime in the region to develop a series of laws and regulations exist, but also represent different legal systems and cultural; the current new situation of 'one country two systems', both for the mainland areas socialist law, as well as amendments to the Special Administrative Region to retain the original for its stability and prosperity of the Special Administrative Region of the law and relevant laws enacted by the legislature in the 'one country two systems' under the laws of the HKSAR constitute a self-contained, and the country its Links to free download http://eng.hi138.comhis law together constitute a whole, coordinated together. 3 'two systems' for legal interpretation.
In the 'one country, one system', the performance of 'one dollar multi-level' interpretation of the law system in which 'one dollar' embodies a legal interpretation of the central legislature; 'multi-level' reflects the legal interpretation of the local legislature, the executive administrative and judicial interpretation of judicial interpretation, while 'two systems' implemented in the interpretation of the law on the need to not only adhere to the 'one China' principle, but also fully embodies the 'two systems' feature; necessary to reflect the central authority, but also Special Administrative Region of the high degree of autonomy respected, the only way to better address potential conflicts of law. during the war, 'one country two systems' under the legal interpretation, in the border by the Border Region Government responsible for understanding and interpretation of certain provisions can be reference to the national government enacted laws; the current new situation of 'one country', neither is entirely in accordance with 'one dollar multi-level' model to establish the Special Administrative Region of legal authority and the interpretation of the specific system is not entirely retain the original interpretation of the law system, but in the highest-dominated legislature, legislative interpretation, to authorize the Special Administrative Region of the legislation on legal, judicial, administrative interpretation, supplemented, so that is more conducive to reflect the high degree of autonomy of the SAR, but also helps to go through the application of the law better address inter-regional conflict of laws. 4 'two systems' on the law applicable to the impact.
'One country two systems', the existence of a country applies different legal jurisdictions, these jurisdictions between neither the level of relationship, there is no legal relationship between the constraints, application of the law on with full and complete independence and autonomy in different jurisdictions, the case of co-existence, not with each other as long as the general legal principles applicable to conflict, the applicable law will protect its independence and autonomy, and follow the 'one country two systems' approach for its common and common, to be able to seek common ground, narrow differences, expand consensus and avoid conflict, to reduce conflicts and live in harmony. during the war, 'one country two systems', the two parties shared by members of the founding of Sun Yat-sen's Three Principles of the program with the principles of war, According to their environment and conditions, to develop its independent legal and policy apply; the new situation of 'one country', the formation of a country applies different laws of several jurisdictions (Mainland, Hong Kong, Macao and Taiwan), while adhering to national under the premise of the principle of sovereignty, to ensure application of the law in different jurisdictions and the application of the universality, authority and autonomy, are conducive to different jurisdictions compete with each other and exchange and make it legal to continue to improve and perfect.
Third, the 'one country two systems' requirements of the rule of law coordination
'One country two systems', the different regions because of their traditions and cultural differences, contradictions and conflicts are inevitable, we need to continue to coordinate and run in the coordination and running of the process of coordination is the foundation and the fundamental law.
1 rule of law and basic principles of coordination mechanisms coordinate the basic principles of the rule of law has three main points: the first is the 'democratic equality' principle in different regions of the joint should be a voluntary and equal basis. Take on the major issues of democratic consensus rules of procedure The second is the 'mutual benefit' principle because of the different regions to ask the difference between economic and social development, likely to cause implementation of the policy as a result of the different regional interests are not balanced, we need to take compensation mechanism, so that different regions in under the balanced implementation of the policy benefit. The third is 'flexibility' principle, which allows different regions to invoke the 'exceptional powers' to safeguard their own interests, not very important in a number of policy areas to respect their autonomy.
Coordination mechanism is to coordinate the legal system is essentially a concrete manifestation of the principle of operation and coordination of agency rules. Specific performance: first, sharing mechanism from a sense that 'one country two systems' itself is an ancient Chinese culture seek common ground and mutual benefit and win-win concept of concentration under the new circumstances develop, sharing their interests, is to ensure the successful development of the SAR a key factor. mainland to Taiwan made to allow Taiwan to send to the central government, central government will set aside a certain number of Taiwan's commitment to the concept of 'shared' body seats and power, the great cause of national policy mechanisms; second and legal mechanisms. 'system' under the different jurisdictions, have their own legislative, judicial, administrative agencies, which have the statutory authority, the development of each of the laws, regulations, norms and authority have and can act directly on corresponding member jurisdictions and jurisdictions; third, weighing mechanism. 'system' under the different jurisdictions based on the need for cooperation and exchange in the one-China principle, on balance, 'derogation' or 'transferring' certain rights (or powers ), so that interests of all parties as much as possible can be achieved. 2 'system' under the coordination of the fundamental principles of the rule of law - common ground.
'Disagree' united front in dealing with the Chinese Communist Party has always been an important principle on the issue, but also the 'system' under the coordination of the fundamental principles of the rule of law. 'Common ground' means to seek common place, a dissenting opinion. the purpose of seeking common ground is reached between the different forces in a situation of harmony, composition of certain of the Commonwealth. common ground to establish a cooperative relationship between the different forces to ensure that the different interests demands, so that all aspects of the relations to the harmony. from a philosophical point of view, the principle of seeking common ground, but also reflects the principle of unity of opposites. 'opposition' that is the objective existence of things 'different'; 'unity' that is the objective existence of things 'with'. 'unity of opposites' that everything is 'the same' and 'differences' between the opposite and complementary opposites thing, there is no objective reality 'with' and 'differences' two factors, something that is ' differences '' with 'the contradiction between the movement forward.
All revolutionary and progressive political parties, must follow the 'unity of opposites,' the law and 'common ground' principle, strengthen its solidarity and unity, and strive to unite forces to accomplish a common goal. 'One country two systems' concept, is the common ground thinking about. to achieve the 'one country two systems' concept, it properly handle the 'seeking' and 'reserving differences' relationship. common ground between the dialectical relationship between performance in the united front, seeking common ground is the prerequisite and basis for is the purpose of the request; reserving differences are seeking the same conditions, can not leave to seek the same conditions, but conditions are also seeking the same service. 'one country two systems', the 'one country' is the fundamental purpose of seeking common ground, 'two systems' is kept different forms, is based on the difference in the recognition of the basic conditions for unification. 'one country two systems' is seeking 'one country' of the same, keep the 'two systems' is different.
3 'system' under the rule of law to promote coordination in the 'two systems' and 'multi-jurisdiction' case within a country, under the same central government, China, Hong Kong, Macao and Taiwan are four legal systems are not mutually the same, the implementation of their respective legal systems were separate jurisdictions. At present, mainland China, Hong Kong, Macao and Taiwan are frequent contacts with each other and active, but because of the implementation of the four places incompatible with the law, are mutually independent jurisdiction, conflict of laws phenomenon is difficult to avoid, is an urgent need for harmonization of laws, in the 'one country two systems', equality and mutual benefit and to ensure the normal principle of inter-regional exchanges, respectively, each jurisdiction can develop their own inter-regional conflict of laws to address inter-regional conflict of laws currently Taiwan already has an inter-regional conflict of laws to solve the normative documents, such as September 18, 1992 implementation of the <<Taiwan Area and Mainland Area relations between the peoples>> (Executive Yuan, Taiwan eighty-one third one thousand six hundred sixty-nine word law orders), this Ordinance will be located in the Strait area of ??conflict of laws conflict of laws. 6 Chapter 96 regulations, including general principles, administrative, civil, criminal, penalties and by-laws which from the first 41-74 and the provisions of the Taiwan continental civil law approach to the problem of conflict, including the general principles of civil law applicable to the problem (Section 41-46), the property, the law applicable to claims (section 47-51), the marriage, family, parental rights, inheritance laws applicable (page 52-68), the people on the mainland, corporate, group status, and recognition of mainland court requirements (section 69-74 of.) Ordinance regarding the requirements in respect of civil conflict, some have progress, and should be affirmed, while some provisions, such as Article 57 superfluous husband on the provisions of Article 67 of the Mainland Area shall inherit the decedent's estate in Taiwan limits the provisions of Article 69 shall not be on the Mainland Area in Taiwan Gets or sets the real property area requirements, etc. are too conservative, old, or even contrary to human nature, and with strong political overtones.
Mainland China has not yet developed a special inter-regional conflict of laws, can refer to the <<General Principles of Civil Law>> Chapter and some single laws and regulations related to the applicable provisions of the relevant laws, such as <<General Principles of Civil Law> > Chapter VIII, 'the law applicable to foreign-related civil relations,' which provides that a foreign-related civil relations based on application of the law and citizens, property, debt, marriage, maintenance, inheritance and other applicable provisions of law, of course, the mainland has not worked out like Taiwan developed a special area of ??inter-regional conflict resolving cross-strait law, which is the mainland in the future need to do an important work.
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