Comparative Study of Representative Systems

Author: Zhou Yezhong
Publisher:
Publishing Date: 2005-05-01
Features: Research on the constitution cannot be separated from the study of democracy, and the form of democracy holds a pivotal position in the development of human democratic history. From the perspective of constitutional practice worldwide, the imperfection of democratic forms has become one of the main obstacles to the development of socialist democracy. Today, as socialist democracy is vigorously developed, democratic forms should naturally become an important topic in constitutional construction and constitutional studies. As a fundamental form of achieving democracy, representative institutions are inevitably the center of research on democratic forms. Dr. Zhou Yezhong's new book, Comparative Study of Representative Institutions, has theoretically changed the relatively backward state of existing research in China, achieving some new research results, and thus has received praise from China's constitutional academia. This article only discusses some insights into the overall, theoretical, and practical features of this work.
### I. Overall Features
Overall, Comparative Study of Representative Institutions exhibits the following three major characteristics:
1. Establishing a Scientific Theoretical Framework: The author takes democracy as the logical starting point and aims to summarize the general laws of representative institutions in the study. In Comparative Study of Representative Institutions, the author constructs a basic theoretical framework. First, the author systematically and comprehensively summarizes the fundamental theories of representative institutions, analyzing and demonstrating their origins and development patterns. At the same time, the author also studies related issues such as the electoral system, state institutions, party systems, and interest groups, thereby summarizing their basic operational laws. Finally, through comparative studies of representative institutions in various countries, the author provides a relatively detailed elaboration of their specific organizational structures and operational processes. Within this complete system, the author strives to overcome the one-sided and fragmented defects of previous studies, discards a purely utilitarian attitude, and thus advances the study of representative institutions to a new level.
2. Employing a New Methodology: The author establishes a series of new principles for comparative analysis, reflecting his unique insights into the application of comparative methods. First, the issue of research perspective is addressed. The author studies from the height of historical development, not only viewing it as a means of state governance but also as a product of continuous human cultural development. On the premise of clarifying the nature of this system in different countries and different periods within a country, comparative analysis is conducted from the perspective of human cultural phenomena, revealing its overall development trajectory and embodying the values of our era. Second, the issue of comparability and the reference system for comparison is addressed. The author believes that similar or even identical social problems exist in different countries, and comparing their methods of handling these problems to explore similarities, differences, and their causes constitutes the initial motivation for the comparability of systems in different types of countries. At the same time, the formal commonalities of representative institutions in different countries form the objective basis for their comparability. Regarding the reference system for comparison, the author argues that it mainly includes three aspects: comparisons between capitalist representative institutions, comparisons between socialist representative institutions, and comparisons between these two types of representative institutions. Additionally, representative institutions must be analyzed within a specific historical context. Finally, the issue of emphasis on similarities and differences in comparison is addressed. Comparative Study of Representative Institutions balances both the factors of seeking commonalities and differences, emphasizing the summary of historical laws while also focusing on combining domestic practices to seek China's own path in constitutional development.
3. Broad Perspective and Comprehensive Evidence: The author employs a broad perspective, uses a large amount of historical facts and materials, and infuses the book with a new spirit of the era, presenting detailed and convincing arguments. Throughout the book, the author not only explores the origins and development of representative institutions but also analyzes their current status and offers insightful prospects for their future development. The author not only extensively cites the research findings of scholars both at home and abroad but also emphasizes drawing important conclusions from the actual operation of representative institutions. The author not only explores the fundamental theories of representative institutions but also focuses on combining them with the constitutional practices of various countries, particularly China's people's congress system.
### II. Theoretical Features
In Comparative Study of Representative Institutions, the author discusses many aspects of representative institutions and proposes his own views on the reform of constitutional theory based on them. Below is a brief review of the theoretical achievements in the book.
The author, after comparing and synthesizing the views of various scholars, defines representative institutions as a system in which the ruling class of a country elects a certain number of members who can represent the interests and will of various classes, strata, and groups to form a representative body, and decide major political, economic, cultural, and social affairs of the country based on the principle of "minority obeys majority." Representative institutions consist of three main parts: representative systems, organizational systems of representative bodies, and deliberative systems of representative bodies. This definition accurately determines the connotation of representative institutions, avoiding formalism in the issue of representative institutions while also avoiding narrowness and subjectivity, revealing the essence and purpose of representative institutions, and summarizing their content. It reflects the author's profound understanding and theoretical innovation of representative institutions.
Regarding the origins and development of representative institutions, three prominent issues exist: the causes of their emergence, the relationship between socialist people's representative systems and capitalist parliamentary systems, and the historical fate of representative institutions.
Regarding the causes of the emergence of representative institutions, academia generally attributes them to geographical and population factors. The author believes that the ultimate cause of any political change should be sought in the changes of production and exchange methods. The fundamental reason for the emergence of representative institutions lies in the emergence and development of capitalist commodity economy. The author's argument on representative institutions delves into the level of production methods, ensuring that the research is always based on science rather than speculation.
According to the connotation of representative institutions, both capitalist parliamentary systems and socialist people's representative systems are forms of representative institutions. After examining the origins and development history of representative institutions, the author further points out that the people's representative system under socialism is the highest form of representative democracy. This conclusion breaks free from traditional constraints, allowing us to grasp the overall development context of representative institutions. More importantly, it makes it possible to re-examine the dialectical relationship and historical connection between socialist people's representative systems and capitalist parliamentary systems, providing a theoretical foundation for applying the essence of human political culture to socialist constitutional construction.
In response to the pessimistic arguments of some foreign scholars that representative institutions have become outdated, the author points out that the decline of capitalist parliamentary systems does not necessarily mean the decline of representative institutions. The people's representative system under socialism will continue to exist and flourish, ultimately replacing capitalist parliamentary systems. On the other hand, representative institutions will not be replaced by direct democracy in the near future. Under certain conditions, the combination of representative institutions and direct democracy is the best system for achieving democracy.
Representative institutions are often criticized both in theory and practice. The key issue lies in understanding the relationship between representative institutions and popular sovereignty. The author completely resolves the long-standing contradiction between representative institutions and popular sovereignty from a theoretical perspective. He argues that the key to judging whether representative institutions lead to the transfer of sovereignty lies in whether the people can exercise ultimate control. As long as representatives or legislators are elected by the people and can be recalled at any time, there is no transfer of sovereignty. Whether representative institutions promote or hinder the realization of popular sovereignty must be analyzed on a case-by-case basis, but there is one common point: if representatives and electors are "homogeneous," representative institutions will promote democracy; if they are "heterogeneous," representative institutions will hinder democracy.
Many people equate the form of government with the form of state governance, and they also believe that both the people's representative system under socialism and the parliamentary system under capitalism are forms of state governance. The author argues that the form of government and the form of state governance belong to different levels. Generally speaking, the form of state governance is the organ and its relationships in exercising state power, and representative institutions are not the same concept as the form of state governance. Here, the author proposes the concept of the system of state governance, which refers to the system by which the ruling class organizes and manages state governance according to certain principles and methods to consolidate its own position. Representative institutions belong to the category of the system of state governance and are the direct basis for constructing the state governance according to the form of exercising state power. On this basis, the author argues that the constitutional theory of the form of exercising state power should be arranged as: form of government → system of state governance → form of state governance → state organs. Among them, the form of government and the system of state governance belong to the category of state systems, while the form of state governance and state organs belong to the category of state institutions. Therefore, the traditional constitutional theory system should be partially adjusted.
Although this theory requires further discussion and research in academia, the author undoubtedly points out the major flaws of the traditional theory of the form of exercising state power and proposes a new approach for its reform.
When studying the external dynamic mechanisms of representative institutions, the author's analysis of socialist interest groups is particularly innovative. The author argues that in the process of national and social governance, the will and interests of various interest groups can only be truly reflected and implemented through participation in politics and decision-making, which can restrict and influence the exercise and use of state power. This is no exception in socialist countries. However, in practice, the effectiveness of such participation and influence is still limited. Therefore, socialist countries must not only recognize that what were previously called social organizations are indeed interest groups but also recognize that although these interest groups have fundamental interests in common, they also have their own specific interests. In practice, it is necessary to further clarify the status and role of interest groups in the people's representative system through laws and systems.
In the specific analysis of the structure and functions of representative institutions in various countries, the author does not limit himself to the research achievements of previous scholars. For example, in the classification of capitalist parliamentary systems, the author divides them into four major models—monarch-parliamentary systems, pure parliamentary systems, parallel parliamentary-presidential systems, and semi-presidential semi-parliamentary systems—based on the relationship between the parliament and other state organs, especially the executive organs, in the state power system, as well as the position they hold in this relationship. The author also argues that different models are the result of the interaction of various factors such as the economy and politics, but these factors exhibit significant differences in different countries and at different historical periods within a country. The establishment of any political system can only solve practical political problems and maintain its value and vitality if it aligns with a country's specific historical conditions; and so on.
### III. Practical Features
Any theoretical research in constitutional law must serve constitutional practice. Based on this, the author not only emphasizes the depth of theoretical research in the book but also connects it to China's socialist constitutional construction, proposing some important viewpoints.
1. Learning from the Beneficial Practices of Representative Institutions in Other Countries: The author argues that since representative institutions were first implemented in capitalist countries and have accumulated rich experience, socialist countries can fully learn from the beneficial practices and reasonable factors of capitalist parliamentary systems in the process of establishing and improving people's representative systems. At the same time, the author also emphasizes that representative institutions in different countries cannot be simply imitated. Although other countries' representative institutions have their unique advantages, whether they can be absorbed by China's people's congress system depends fundamentally on China's specific historical conditions.
2. Correctly Handling the Relationship Between the Party System and Representative Institutions: The author argues that the key to properly handling this relationship lies in correctly understanding and handling the relationship between the ruling party and state power. The leadership of the ruling party over the state power organs can only be truly realized when it is transformed into binding law through the state power organs. Therefore, the power of the ruling party cannot directly interfere with state power or replace it, otherwise the people's congress system cannot function normally. This discussion accurately and concisely summarizes the necessary path to strengthening the construction of the people's congress system.
3. Enhancing the Status and Authority of People's Representative Bodies: After summarizing the experiences and lessons of the people's representative system under socialism, the author points out that the people's representative system under socialism faces the issue of further strengthening and improvement. Strengthening the organizational and institutional construction of people's representative bodies, correctly handling and coordinating the relationship between the people's representative system and related systems, thereby enhancing the ability of people's representative bodies to exercise their powers, and improving their status and authority to fully play their role are long-term and arduous tasks for socialist countries.
4. Strengthening Citizens' Awareness of Political Participation: Political participation is the fundamental way to realize popular sovereignty and has significant implications for the success or failure of democratic politics and representative institutions. Therefore, it is necessary to establish a sense of participation and establish effective participation mechanisms to provide a solid grassroots foundation for the functioning of the socialist people's congress system.
Of course, since China's people's congress system was established for a relatively short period of time and has suffered setbacks in its development process, many theoretical and practical challenges still need further exploration. The author focuses more on the basic theories and macro-constitutional systems, relatively speaking, the discussion on the specific operation and improvement measures of this system is not as in-depth and detailed. However, flaws do not obscure the brilliance, and overall, the book Comparative Study of Representative Institutions is not only well-structured and broad in perspective but also establishes a theoretical system for the study of representative institutions, preliminarily resolves some theoretical difficulties in the field of representative institutions, proposes many new viewpoints with theoretical and practical significance, lays a solid foundation for further research on this theory, and makes beneficial explorations in the improvement and development of comparative constitutional law. Therefore, it can be said that it is an pioneering work on the study of representative institutions.