Modern socio-economic and legal reforms Why not successful

 Modern socio-economic and legal reform group Why is not successful teacher Yang Abstract
the limitations of the traditional Chinese culture, modern difficult to produce very good people; as the lack of social mechanisms and harder to put talents in the community are piped into the reform of the leadership layer. We see that the Chinese leadership of the reform of modern time, the mediocrity and greed, hypocrisy speculators, who are full of conservative and stubborn one, and the overall leadership, there is a serious lack of internal factors. the lack of individual freedom and cultural values of genes deep state, the nation prosperous, strong overall concept of the black hole, obsessive way to bring the upper Autocratic rule the interests of social reform in modern China is often go astray. and also to control the situation every time, the government is not willing to take the initiative to change, only coming to an end broken blood flow, the edge of collapse, was forced to rush to meet. Because it is under strong pressure in the outside world forced to make choices, so every time the conditions are very reluctant to the very place under the reform.
Keywords
modern liberal and democratic constitutional reform of teacher groups Yang, Professor of Politics and Law College of Humanities. (Shanghai: 200042)
1840 Opium War, the British gunboats blew open the doors of China and used to force the unequal treaties Opening the Chinese market. Thus, self-sufficient economy of China has finally been broken, heavenly divine kingship has finally been violated. China started from the old world of the challenges. in fight, the Westernization Movement, the Reform Movement, and even the Revolution ended in failure, modern China was going through the difficult reform process over a hundred years, but never set foot on the stability of a solid road of rejuvenation.
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blow to the two Opium Wars, the Qing government thought the biggest shock is to know the Western countries emergence of the Wenxiang effect Sifa, non Muou of also, Wenxiang of Figure strong, Zhi Buzai prosperity also. cover trying to take advantage in order to maintain China's prosperity, security protection in China that is why Norm. Learning is the exclusive, non-thinking outside the emotional state of mind and forced under the domination of the. was not only the feudal diehards, that is, Westernization also think that the state's essential that the traditional system can not move. Technology from r, using modern language, that is, l want to get a little defensive modernization r, to meet internal and external challenges. doctrine.
started the Westernization Movement founder of modern enterprises, the main focus on the defense industry, military industry, however in order to supply raw materials and reduce the financial burden of funding, and then also founded a number of civilian industries. Meanwhile, in order to solve this problem, and not investment shares are not wide, but its so-called officials and businessmen organized or Government Commerce, the official color is always dominant, but only the national capital for utilizing. so-called recruiting part of the business unit, management power rests in the hands of bureaucrats, the general business unit annual dividend only just; so-called School officials still under government management and comprador bureaucrats in power, fraud, corruption, personal enrichment, business unit still had no rights. In short, the capital of these enterprises, until the production, sales, basically controlled by the Qing government.
If the Steamship Government Commerce is the first civilian enterprises, , founded around everywhere nowhere benefit not only difficult period, or even Jifeidanda, lose everything, Minister supervision Yan; even if the person used, and on behalf of those who Dajiang chop, the solid did not carry on their hands do not hurt. state officials Dance Man is evil, as Lee Tau, by relying on Fox Wei, control bureau services, and its shares are already An Debu chilling, its future by An Debu The practice, yeah? The Official Half-Life with the facade. Li had written to the people, said: not be difficult to peace? However, the Qing government did not listen. because of the adherence to state the main official business, and the economy can not relax the control of industrial policy, coupled with suppression of private industry has consistently ruled against the traditional attitude, so the Qing Government in this vain. < br> center part of the Westernization Movement is the pursuit ships and armament of the military industry, still to large-scale naval construction, eventually to collapse of the Northern Navy of the PLA in the end. in the process also set up a number of transportation, such as ships, railroads, telegraph and the like civilian industry, then most of business corruption, shady heavy, and finally unable to maintain the end. Westernization movement failed, in large part repeat ancient handicraft official, the state official industry in the new situation under the ruins; is its . for a few words, is the study of foreign skills to save China's old habits, skills to new, thought to be old. under the influence of the world situation, when the nation had a certain amount of capital management industries, such as flour, match factory, paper mills, printing houses, sugar mills, oil extraction factory, in which the forces of Westernization is often hampered play role, mostly small. First of all, consider the Westernization of its dominant position to master the machine rather than people to the development of capitalism, such as Li said: manufacturing, there is benefit daily livelihood, not originally designed for the arms, Robinson expected a few decades later, there must be modeled on China's Yang Jia rich peasants large machine production, self-seeking interests of those whom the official District Office of Law no. [9] Second, Westernization to monopolize and control the major civil industrial sectors, often limit the expansion of national capital. such as the Steamship enjoy the exclusive patent rights, 19th century, early 80s, some businessmen in Guangdong and Shanghai requirements established ocean and river shipping company, Li refuted the ; [10]. Keelung mine in the pipeline, the Qing government ordered the closure of the 12 private coal mines. Westernization bureaucratic business enterprises, not only are often monopolies, and enjoy all the privileges, such as may be determined exempt from tax or a tariff only satisfied can be marketing the country and so on. while private capital, established businesses generally, not only determined not to exempt from tax, but also often restrictions and extortion, so the competition in a very disadvantageous position.
Sino ago, national only a hundred established businesses the capital, for a total capital of 470 million, an average of 4 million of capital, however, not only foreign companies can not be compared, and only run by Westernization civilian industrial average capital of 1 / 20. [11] was China's national capital industry not only a narrow sector, and in a very weak position. until the 19th century, China is still no change to the basic understanding of the modern state. Westernization Movement to consolidate the traditional feudal rule forced to do, so Westernization School does not take into account the overall revitalization of the economy, there is no continuity of measures to promote national industrialization, and no legal measures to protect private property rights, and no relaxation on people's control of occupational and migration. The official way of doing business and production, backward technology, the cost of high and a waste of large, bureaucratic government corruption caused by various types of defects seen everywhere, to the most typical Hanyang Iron Works, repeat these lessons again and again.
Second Sino
trounced by Japan and later cede territory claims of shame has finally awakened the Chinese nation. by Kang, Liang, led by reformers, from the Business Nation held in Congress, the Constitution and to the was not reflected in the basic Dahir; In other words, the emperor's Edict of more than 100, the main is eliminate redundant official . was the backbone of promoting political reform, only a few accepted the western part of the political thought of the lower officials and intellectuals, relying on the control of a young emperor, empress dowager. The New Deal aims to engage the emperor, a considerable part to the Empress regain power, in a series of infighting in the process, the gradual reforms of the nature of the power struggle to the direction of the evolution of the court. Of course, the most important thing is not the consciousness of the general public as a social basis, do not change a mature capitalist backing Restoration was soon swallowed by the old forces of traditional, short of the
did not take long, forced by a series of internal and external problems, the Empress Dowager Cixi of the Qing Dynasty to the tradition represented by the old forces that want to have to implement the Japan Although its surface has a parliamentary nature, but in fact only institutions, in the ruler view, it is only prepared to implement the constitutional r l a decorative and furnishings, the local Advisory Council are basically the same.
rulers at that time how to interpret the Constitution of the Western bourgeoisie it? the Constitutional Code check with the advisory council of the memorial hall said: differ, the most refined of the cause, nothing more than the number of clients: the sanctity of a monarch said, second is assuming the sovereign right to rule, the line of the Constitution, third is the subjects in accordance with the law, there should be due the rights and obligations only. Since I program, all this as fundamental. the legislative, executive, judiciary, are fully embrace the rule of power in the monarch. so short, the Constitution, it had to consolidate monarchical power, and protection of subjects who are. [12] under the guidance of this idea, in August 1908, the Qing government promulgated the so-called deformed product is actually a substitution for bad behavior. will be determined only vague nature of the Constitution as The first opened, it will become the dominant mode of how the traditional society in the modern Late Amendments to the Law should be said that certain results obtained in the Shen as amending the law of the chancellor, which he chaired in the absorption of Western legal culture based on a series of new amendments to the law, for the modernization of Chinese legal system has taken a the first step. but still the basic system of absolute monarchy as a national framework, Shen as a subject of the feudal bureaucratic favoritism, his new legal and judicial reforms are not complete, both in the form of European civil law and Xi Yong principles, and mixed with many feudal content, can be described as a contradiction between the old and new culture, a combination of a very uncoordinated. the results regardless of content or value in practice, only limited improvement of the surface sense, does not touch the feudal law nature. in the public still lack basic rights-consciousness of origin under the rule of law, the effectiveness of the new law should be dictatorial and often distorted by the magic rule. However, from a people of Western legal codes, law of Wei into the atmosphere, cultivating a group of legal talent.
short, the new law for the transformation of modern Chinese legal system to lay a few bricks, but still lacks a solid social and cultural foundation. or improvement of Chinese law is not the first motivation formed within society, but mainly in the government itself had formed under the requirements of tokenism, the government plays in the legal system the quality of social and ethnic status are still in ignorance.
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Sino, the Westernization Movement, whether in the military, political and economic aspects of bankruptcy, the government-run industry is under attack in all aspects. If someone said: Westernization School founder of modern industry, just an attempt by the capitalist machine production, without changing the relations of production, which government-run industries to conclude: natural dedication, strength, stress to the system of driving almost on top of the West. the Qing government to ease the national public opinion, to solve the financial difficulties, to maintain its authoritarian rule, was forced to relax its control of national industrial and commercial capital, issued a number of decrees that years has also set up a Exhibitions, make a gesture, the objective is conducive to the development of national industry and commerce.
Westernization Movement in the rise of private enterprises, is the predecessor of modern Chinese bourgeoisie. Despite the turn of the 20th century, the climax of the emergence of several factories, national Industrial growth, however, to 1913, China's industrial capital amounted to 1.54 billion, of which foreign capital accounted for 80.3%, China 9.7% bureaucratic capital, only 10% of private capital, national capital of the modern domestic output value of manufacturing output accounted for only 2.7%. [14] That is, when the national capital industry as an emerging Despite the emergence of social and economic forces, but its strength is extremely weak, due to the complexity of composition, the same lack of political awareness and the resulting political orientation consistency, whether it was the bourgeoisie produces still very doubtful. Tien-Hua Chen said: host being to. The outbreak of World War II, foreign capitalism leg to stand on, only part of the exit Asian markets. domestic slack in the separatist state, from the central to the political decentralization of the local situation, the shackles of political rule weakened, so that the national to the rapid development of capitalist industry and commerce. also accelerate the government-run and Government Commerce and other industrial and mining enterprises in the privatization, or call the process of privatization of state capital. National direct control of the enterprise down to coinage, ordnance, shipbuilding and a few industries, and national capital in the textile, mining, food processing industries are more prominent. started late in the banking industry, the rapid rise in the early Republican trend there. In 12 years there are 161 banks to establish, most of which are commercially operated, only the Bank of China, the traffic Bank jointly organized a handful of the officials and businessmen. is generally believed that the national bourgeoisie ,1915 -1927 year is the production, even after the Previously, only national economic output value of industrial output but 10% to 20%, indicating the power of the bourgeoisie in the proportion of the whole society is still weak, the forces of bureaucratic capital of which is still very strong. Qing Zhang gradually formed Tung, Sheng as the center of the South bureaucratic Capital Group, and to Yuan Shikai, the Northern Zhou Xuexi represented bureaucratic Capital Group. Northern Warlords, or of warlords, big bureaucratic control of the country's economic lifeline, such as ; (Jincheng, salt, South Africa, China) financial monopolies to control the warlords in the Northern politicians Wu Ting-ch'ang Department of Administration, Xu Shuzheng other hands.
1927, the KMT government in Nanjing was established to accelerate the process of national unification. In the next few years, the Nanjing government abolish the unequal treaties, the abolition of foreign privileges in China, recovery of tariff autonomy and achieved considerable progress and achievements. but the ensuing military rule of Chiang Kai-shek and assets of the Group of bureaucratic in the economy continue to strengthen the social and economic aspects of the operation of the control and monopoly of 1928, the Nanjing government has set up a central bank, the Agricultural Bank on, he joined the government shares in the form of control of the Bank of China, Bank of Communications, the four banks have issued the right notes, with a new Bank of China's total capital and reserves 2 / 5, and more than half of the total deposits of 1929, the government will nationalize all of the railway, and later dominated the emerging airline industry. This control of the financial and transport of these two vital national economic sectors, began to change the direction of state monopoly capitalism, the formation of bureaucratic capitalism. this time a number of important sectors of the local financial and economic, but also often rests in the hands of local warlords and bureaucrats.
Throughout the 20th Century and Farmers overview of the development, the early 20s of last century, China's modern industry with a handicraft workshop in the industrial and agricultural output value, the proportion is 10%, Sino-Japanese War to the eve of 1936 increased to 20 %. After the War of Liberation War and the national economy suffered tremendous losses, the absolute number of industrial output fell more than 46% before the war, the Japanese invasion of China's industrialization process at least 20 years of delay. The Nanjing government's state capitalism tendency to make the bureaucratic capital of the total industrial capital increased to 2 / 3 [16], which seriously inhibits the development of the national bourgeoisie. At this point, China is still not recognized: Choose the meaning of a relatively free market is the development of private economy free competition, and free competition, the greatest enemy of the state, is a powerful bureaucracy. thereby excluding non-market external interference on the free market competition is the main objective of the legal system of modern economy, however, modern Chinese state leaders are often counter- the opposite direction of.
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revolution overthrew the Qing Dynasty, although the surface of a bourgeois democratic republic was established, in essence, China is not the end of 2000 years of absolute monarchy system, which is by the Chinese 5000 year history of the political and cultural traditions, and its long-term accumulation in the traditional form of the whole social structure and ideas of the decision.
bourgeois constraints on the separation of powers principles and the democratic rights of the people legally entitled to the principle of Wuchang Uprising broke out, the provinces declared independence and then set about the law, such as sprout, to China's first bourgeois constitution mm ; President of the Republic of China's first official big, they start to destroy the bourgeois constitution, the president imposed on people of totalitarian dictatorship as the core content of the , as if the violation of authoritarian authoritarian rule of the real line. such as the cracks, some degree of relaxation of the rule, some people get them more or less . Of course, these rights to be trampled ruthlessly ruled, is not guaranteed.
is clear that the development of a good constitution will be able to govern the State, the Constitution is the protection of a democratic republic, the so-called of the Constitution, then the unscrupulous political beauty plaything of power in the hands of the people and no legal rights as the origin of consciousness. some foreign jurists put forward: traditional support, a written constitution, but a dead letter; And with that tradition, there is no need for a written constitution. a general agreement on the ethical values form provides the only true guarantee of freedom. the power structure, generalissimo both head of state, is the head of government, and not be responsible for an extraordinary session of Congress, Congress has no legal constraints Marshal, and to oversee the formal establishment of the Republic of .1921 government, which remains a major presidential species of the lack of centralized system of checks and balances of the individual, the extent of the military government of Marshal even more than the establishment of the national system of .1925 government officially abandoned the direction of law enforcement, to national legislation and community-based approach to the , because the West ignores the objective reality of the social development gap, and the profound differences in cultural values, traditional laws, individual standard is outdated as Western thought and stricken abandoned, leaving the country to become the only source of law. This in the field of public law easily with the cultural tradition of the original combination of Chinese took to the road of despotism; in the field of private law, the lack of awareness of their rights and legal protection of private rights can only be based once again fall into the stereotype of traditional Chinese obligations. National Government to community-based thrust of the legislation, due to the centralization of political tyranny, largely inhibited the development of the concept of individual rights, an end to the legal thinking seriously out of line with social reality, so that the development of Chinese law to protect the loss of national community as a whole, because the freedom of individual liberty and the state is absolutely excluded, the freedom to maintain social order, we must restrict personal freedom and constraint. Therefore, restriction or even at the expense of individual freedom to protect national sovereignty, independence and social liberal order is the Sun to make the country prosperous and strong demands as soon as possible. It is difficult to have both the theoretical solution of the old age accompanied by Sun Yat-sen, and the common aspirations of prosperity and democracy, so that in practice, his program is full of confusion and contradiction.
the modern society the reality of conditions in the observation of Chinese thought the West advanced and backward when the basic judgments of China, tend to democracy, freedom, each with different values of these entities as the West deliberately designed to achieve the prosperity of the things, which from the ideological on the inhibition of the West's understanding of these fundamental values, and the first to consider the issue of national prosperity; resulting in less understanding of the premise of the basic values of the West, according to their democracy secondary position.
Wang Renbo said: l is the students of Western constitutional democracy from the outset, they r. not also can not become the Western sense of constitutionalism or democratic, so when faced with the rich and powerful have to the conflict and the constitutional goal of time to make a choice between the value of They have consciously chosen r l national interests rather than personal interests in the Western sense of the l r. will promote social and national progress and prosperity of the final. the law provisions on freedom starting from the individual, the individual must have a principal as a right of freedom, it is not out of state license, but only by the law defining the form of endowed and protection. In the West, the constitutional construction state and law, no freedom without authorization views that deny the true meaning of freedom and social values, the gift of freedom into the country, and even the name of the state deprived of personal freedom. In this concept of nationalism under the control of first, determined by the state the amount of individual freedom, so few people control the state power to destroy individual freedom is the easy thing.
above is the most advanced thinkers of modern evil, there is such a limitation, not to mention the general civilian bureaucracy. As the limitations of traditional Chinese culture, modern difficult to produce very good people; as the lack of social mechanisms and harder to put talents in the community are piped into the reform leadership. We see modern China in the leadership of each reform, mediocrity and greed, hypocrisy speculators, who are full of conservative and stubborn one, and the overall leadership, there is a serious lack of internal factors. the lack of individual freedom and cultural values of genes, deep state, the nation prosperous, strong overall concept of the black hole, obsessive way totalitarian dictatorship bring the interests of its parent, the reform of modern Chinese society often go astray. and every time can control the situation, the Government is not willing to take the initiative to change, and only beaten, when the edge of collapse, was forced to rush to meet. Because it is under strong pressure in the outside world forced to make choices, so every time it really was a very under the condition of the reforms in place. The results are mainly brought to us by the Western political system of social life and some new vocabulary, changed our traditional idiom.