Time: July 19th, 2013

Topic: Only Constitutional Democracy can Guarantee Long-Term Stability and Prosperity in China

Lecturer: CAI Xia

Commentators: LI Dun, MA Yongxiang, DONG Yanbin, HUANG Zhong, LIU Yang

In this session, Professor CAI Xia stated that there was a tendency of social violence in China and she analyzed the danger of this tendency. She believed that only constitutionalism could defuse the danger. But there was misunderstanding with constitutionalism and it was of great significance to focus on the essence of constitutionalism. It was urgent to undertake a peaceful transition to constitutional democracy and to deepen social reforms. She also proposed methods for China to take to wade through this transition from a constitutional perspective.

Professor LI Dun put forward several problems concerning constitutionalism and democracy and he pointed out the critical issues for China to transform into a constitutional system. He also analyzed three tendencies of the society and concluded that severe crisis was taking place, which needed further studies.

Professor MA Yongxiang believed that there was little doubt over the values of constitutionalism and what’s essential was the efforts towards an applicable framework and the institutional design. He thought it was more urgent to punish the evil rather than to uphold the benevolent, which might just be a solution to ease the conflicts between interests. He also proposed to invest nationalized asset and therefore create more impetus for reforms domestically.

Professor DONG Yanbin thought a transition from the conception of criminal law to civil law and constitutional law should be undertaken to foster a consensus of constitutionalism.  It was important to emphasize division of power, check and balances, limit of powers, and compromises. And what was more critical was the implementation of such concepts to promote and advocate constitutionalism.

Professor HUANG Zhong though justice was absent in the judicial system.  What lay in the center of the problem was whether it was possible to have all the proposals and development modes freely spoken of. In some sense, socialism did not go with constitutional democracy. Multiple methods should be taken to avoid military intervention to social affairs and only in transitional states did military men got involved in politics. To adopt constitutionalism the 1982 constitution of China was not applicable.

Professor LIU Yang agreed that there was a tendency of social violence. He thought constitutionalism was necessary for every state, but he disagreed that constitutionalism was the only workable system. He believed there was a constitutional tradition in China which was not confronted with theoretical and practical challenges. Local election could lead to mob politics and gangster. He thought the ancient patriarchal clan society was a model of civil society.