November 15th, 7:00 pm,Hosted by Academic Criticism Network,Deputy Editor-in-Chief of Journal of China University of Political Science and Law,Professor Yang Yusheng of China University of Political Science and Law came to Classroom 101 of the Law School,gave an academic report on the theme of "American Constitutional Experience"。The report was hosted by Professor Xiao Jinming, Executive Vice President of Bet365 University。
Before the official report begins,Professor Yang Yusheng recalled his university days,Sharing his path to success with his classmates。He said with emotion,This is his first time giving an academic lecture at a university in his hometown,I hope there will be more opportunities to communicate with legal scholars in my hometown in the future。
Professor Yang started by talking about the impact of family planning on China’s democratic system,He thinks: before the family planning system,China’s families have Best slot on Bet365many children,Paternal authority is supreme,The head of the family has a status similar to that of an emperor;After the implementation of the family planning system,Most families only have one child,The status of children in the family has improved,Paternalism is gradually disappearing,Family is the most basic unit of society,Take the first step toward democratization。The second step of democratization is to realize community autonomy。
Next,Professor Yang elaborated on the world historical background of the era when the U.S. Constitution was produced。The subjugation of India as a world power,France is gradually declining,Turkey, which spans three continents, has become the sick man of West Asia,China has become a semi-colonial and semi-feudal society。
When China was in the heyday of Kangxi and Qianlong,The United States has just been founded。When China was in the midst of the civil war caused by the Taiping Rebellion,The American Civil War is not over yet。But around 1900,China suffered a disastrous defeat in the Sino-Japanese War,The United States gradually surpasses the United Kingdom,Becoming the country with the largest industrial output in the world。
Subsequently,Professor Yang introduced to us the eight constitutional experiences of the United States:
1. People’s Sovereignty
Although the U.S. Constitution was established in the name of the people,But the Philadelphia Convention that established the Constitution did not receive authorization from the people,The original purpose of the meeting was to amend the original Articles of Confederation,Therefore,Set a higher threshold for the Constitution to take effect - requiring 9 of the 13 states at the time to convene a people-elected conference to pass it。Although the theory of popular sovereignty was not pioneered by the U.S. Constitution,But from a theory in a book to a realistic system,The United States Constitution is the first。
2. Decentralization and checks and balances mechanism
Legislation in the United States、Justice、Separation of administrative powers,There was a misunderstanding in the past,Believe that Bet365 sportsbook reviewthe three powers are three pillars,Inefficiency。In fact, the three powers are separated,Checks and balances also include checks and balances between the Senate and the House of Representatives,Checks and balances between the president-centered government and Congress, etc.。A few years ago,The U.S. Congress did not approve the budget proposed by the government,Resulting in temporary government shutdown,But American society still operates as usual,Such a thing is unimaginable in China。Another example is that American law imposes age requirements on some public officials,Congressman is 25 years old,Senator turns 30,The President turns 35。Senators are re-elected 1/3 every two years,The House of Representatives is re-elected every four years,Presidential election occurs every 4 years,The judges of the Supreme Court of the United States are tenured for life。The reason for this setting is to maintain the continuity of the policy。
3. Federalism
Federalism,That is, a kind of vertical decentralization between the central and local governments。Professor Yang believes that the difference between confederation and federalism can be summarized in one sentence: confederation is leaderless,Federalism means that everyone has a leader。In the United States,The governor, like the president, is elected by the people,Therefore, the relationship between the president and the governor of the United States is not superior and subordinate。Each state has its own state constitution,Compared with unitary system,Federalism can better ensure local initiative and autonomy。
4. Republic
The value of modern democracy has been recognized by most of our countries,But in the 18th century,Due to the bad influence of Athenian democracy and democracy during the French Revolution,The founding fathers of the Constitution questioned and restricted democracy,At the same time, explore another system with democratic connotations。The U.S. Constitution successfully used elections to achieve democracy,This is the Bet365 Pokerrepublican system。Now in the United States,520,000 public offices are elected。
5. Presidential System
This was also pioneered by the U.S. Constitution。Before,The ruler of the country is the emperor,King,Tsar,In these societies,The head of state is described as a combination of demigod and demigod,The successor of the leader is determined based on the distance of blood relationship,The leader is usually tenured for life。Choose the head of state through popular election,The United States is the first。
6. Restricted Government
The U.S. Constitution grants Congress 13 powers,There are 8 powers that Congress is expressly prohibited from exercising,There are 3 powers granted to the state government,The purpose is to establish a limited government。
7. Human Rights Protection
The first 10 amendments passed by the U.S. Congress after the birth of the Constitution are also called the Bill of Powers,Prohibition of torture、Heavy fines and arbitrary intrusion into houses,Prohibition on arbitrary expropriation of private property。This is very different from the traditional Chinese concept of "looking for work or organization when something happens"。Until the implementation of Roosevelt’s New Deal,The mainstream view in American society is: "The government with the least control is the best government。”
8. Judicial independence
The court’s power to interpret the Constitution established by Justice Marshall is an important part of the American political system,Gives nine lifetime Supreme Court justices great authority。At the same time,Judge lifetime tenure and salary protection and other systems better safeguard the characteristics of judicial independence。
Other than that,Professor Yang also briefly explained the spirit of compromise and the characteristics of both strength and softness in the U.S. Constitution。
After the report ends,Professor Yang patiently answered the students’ questions one by one。On direct election and indirect election,Democracy and Republic,Proposed his own unique views on issues such as the subject bet365 live casino and sports bettingof constitutional government and academic norms。
Dean Xiao Jinming to Yang