Reflections on the American political system (2):对美国政治制度的反思(二)
Reflections on the American political system (2)
——The procuratorial power should be independent as the fourth power
Whether the procuratorial power should be independent is a question we have been studying. The bottom-up judicial corruption in the United States this time has strongly proved the necessity of the independence of procuratorial power.
The US government is a presidential system under the separation of executive power, legislative power, and judicial power. Prosecutorial power belongs to the administrative department of the Ministry of Justice. The Minister of Justice is also the Federal Attorney General, and the states are also the same. Everyone often sees such a situation: When a special investigation is required for a certain event, the President or the Attorney General can appoint a special prosecutor to conduct the investigation. This is a major defect caused by the non-independence of the procuratorial power. If the prosecutorial power is the fourth independent power, and every prosecutor is a special prosecutor, why wait until something happens before appointing a special prosecutor?
We often think about a question: Under the presidential system under the separation of powers, the president is restricted by the parliament, and the parliament is restricted by the majority of votes. What is the judicial restriction? One answer is: it is supervised by the media and freedom of speech. And this time the case of the United States tells us that the media will also become a political tool and speech will be blocked. Who will restrict justice? In addition, who supervises the abuses, omissions, and deliberate cover-up of criminal facts displayed by the US Department of Justice, FBI, and CIA? Who will supervise the dereliction of duty by government officials and civil servants at all levels? These questions tell us a fact that requires the independence of prosecutorial power.
When the procuratorial power is independent, any prosecutor can independently exercise his procuratorial power against judges in his jurisdiction, omissions or violations of law enforcement personnel, malfeasance of officials and civil servants, and even crimes committed by the president. , Including the power of investigation and investigation, no one may interfere. If it is verified that it has constituted a crime of breaking the law, crime of dereliction of duty, crime of corruption, crime of bribery, treason, crime of endangering national security, etc., the prosecutor can directly act as a public prosecutor and represent the country to initiate a public prosecution. It should be noted that, for major criminal cases that need to be prosecuted by the criminal investigation department, the prosecution should be initiated by the public prosecutor's identity, not the personal prosecutor's identity.
We discovered a new problem in the research process, that is, if the prosecutor’s dereliction of duty, who will supervise it? Based on the above-mentioned types of cases handled by prosecutors, most of the clues come from the fact that citizens report. We believe that the law should give citizens a special right to sue, and allow citizens to file a lawsuit against the prosecutor's malfeasance. In this way, a perfect closed loop of power supervision and checks and balances can be formed: citizens elect the president and the parliament, and the president is restricted by the parliament; the president and the parliament appoint judges and government officials; judges and government officials, including civil servants, are supervised by the prosecutor; Supervision by all citizens. The same goes for the states.
After the 2020 U.S. election, people have seen the separation of powers that was highly respected in the past. Today, the executive (such as the Department of Justice, FBI, CIA, etc.), legislation (Congress), and justice (court) are all rotten, so there is a fallacy and Heresy prevails. If there is no faith, no matter how good the system is, it is useless. The fact is that the system of separation of powers in the United States is not perfect, and there are still many flaws. It is these imperfections and shortcomings that have led to the corruption of the administration, legislation, and judiciary in the United States today. A basic common sense is that for the governance of a country, it must rely on a sound system rather than belief. If mankind wants to move forward to a higher civilization, it must continue to design and improve more perfect systems.
We have comparatively studied Taiwan’s political system. Taiwan has always implemented the presidential system under the five powers of executive power, legislative power, judicial power, procuratorial power, and examination power proposed by Sun Yat-sen. Taiwan has become a model of freedom and democracy in the world, and social civilization. Model student. This indicates that the Chinese civilization can contribute and set an example for human civilization in the world, and it can also become a beacon of human freedom and democracy. Let me ask: Is the success of Taiwan a success of the system? Or is it a success of faith? We believe that the independence of the procuratorial power is one of the important power checks and balances.
However, whether the independence of examination rights in the Taiwan system is necessary or not, in terms of its universality, we hold a negative view. We believe that the presidential or parliamentary system under the separation of executive power, legislative power, judicial power, and procuratorial power is the most ideal political model for modern politics, and it is universally adaptable, and China is no exception.
对美国政治制度的反思(二)
——检察权应当独立为第四权
检察权是否应当独立,是我们一直研究的问题。美国这一次表现出来的从下到上的司法腐败,有力地证明了检察权独立的必要性。
美国的政体是行政权、立法权、司法权三权分立下的总统制。检察权归属于行政职能部门司法部,司法部部长同时为联邦总检察长,各州亦然。大家经常看到这样的情况:对某事件需要进行特别调查时,总统或司法部长可以任命一名特别检察官进行调查。这正是检察权非独立所致的重大缺陷。如果检察权是独立第四权,每一位检察官都是特别检察官,何需等到有事时才任命特别检察官呢?
我们常常在思考一个问题:三权分立下的总统制,总统受议会制约,议会受多数票制约,司法受什么制约呢?有一种答案是:受媒体和言论自由的监督。而这次美国的事例告诉我们,媒体也会沦为政治工具,言论也会被封杀,司法又受谁来制约呢?除此之外,美国司法部、FBI、CIA表现出的滥权、不作为、故意掩盖犯罪事实等,受谁监督?各级政府官员、公务员的渎职犯罪,又由谁来监督?这些疑问告诉我们一个事实,需要检察权独立。
当检察权独立时,任何一个检察官都可以对管辖范围内的法官的枉法、执法人员的不作为或违法、官员和公务员的渎职犯罪,甚至包括总统的违法犯罪,都可以独立行使其检察权,包括调查权和侦查权,任何人不得干预。若经查证,确已构成枉法犯罪、渎职犯罪、贪污犯罪、行贿受贿犯罪、叛国罪、危害国家安全罪等,检察官可以直接以公诉人身份,代表国家向法院提起公诉。需要注意的是,刑事侦查部门侦结的重大刑事案件,需要依法提起公诉的,应当由公诉机关的公诉人身份、而非检察官个人的公诉人身份提起公诉。
我们在研究过程中发现一个新的问题,那就是如果检察官的渎职不作为,又由谁来监督呢?基于检察官所办上述类型案件,其线索大多数来自于公民的举报这一事实,我们认为法律应当赋予公民一项特别的诉权,准予公民个人对检察官的渎职不作为提起诉讼。这样就可以形成一个完美的权力监督制衡的闭环:公民选举了总统和议会,总统受议会制约;总统和议会任命法官和政府官员;法官和政府官员,包括公务员,受检察官监督;检察官受全体公民监督。各州亦然。
2020年美国大选后,人们看到了从前推崇备至的三权分立,今天行政(如司法部、FBI、 CIA等)、立法(国会)、和司法(法院)都烂透了,于是有一种谬论和邪说大行其道,说什么如果没有信仰,再好的制度也没用。事实是,美国的三权分立制度并不完美,还有很多缺陷。正是这些不完美和缺陷,才导致了美国今天行政及立法和司法的腐败。一个基本常识是,对于一个国家治理而言,一定是靠完善的制度而非信仰。人类要不断向更高文明前行,就必须不断设计并完善更完美的制度。
我们比较研究了台湾的政治制度,台湾一直实行的是孙中山提出的行政权、立法权、司法权、检察权、考试权五权分立下的总统制,台湾成为了世界自由民主的典范,社会文明的模范生。这标志着中华文明可以为世界人类文明作出贡献和表率,亦可成为人类自由民主的灯塔。试问:台湾的成功是制度的成功呢?还是信仰的成功呢?我们认为检察权的独立是重要的权力制衡因素之一。
但台湾制度中的考试权独立,是否有其必要性,就其普遍性而言,我们持否定看法。我们认为,行政权、立法权、司法权、检察权四权分立下的总统制或议会制,是现代政治最为理想的政体模式,具有普遍的适应性,中国也不例外。
40
views
Online part-time billing fraud: 36 hours of a female college student(网络兼职刷单诈骗:一个女大学生的36小时)
Editor's note: In recent years, criminals have used the increasingly developed communication technology and fast payment technology to design a variety of scams and implement telecommunications network fraud in a non-contact state.
While the police are intensifying their crackdown on crimes, they have also collected and sorted out real cases of various common scams in response to the current main methods of telecommunications fraud crimes and high-incidence cases where common people are easily defrauded. It took more than 6 months to complete the shooting. These short anti-fraud videos, in the form of scene reappearance, accurately exposed the criminal's modus operandi and tactics. At the same time, the video provides professional police tips on how to prevent fraud and anti-fraud. This series of videos will be broadcast in 10 episodes, so stay tuned.
编者按:近年来,不法分子利用日益发展的,通信技术和快捷支付技术,在非接触状态下,设计花样繁多的骗局,实施电信网络诈骗。
警方在加大破案打击力度的同时,针对当前电信诈骗犯罪的主要作案手法,和老百姓容易被骗的高发类案件,结合收集整理各类常见诈骗的真实案例,历时6个多月,拍摄完成的这些反诈骗短视频,以情景再现形式,精准揭露了犯罪分子的作案手法和伎俩,同时在视频中,对如何防诈反诈进行警方专业提示。本系列视频将分为10集播出,敬请留意。
2
views
Introduction to ten ways to make money on mobile phones——十种手机赚钱方法介绍——
With the increasing popularity of mobile Internet and more and more users, making money on mobile phones has become a major advantage. Many companies have begun to develop software and applications for making money on mobile phones. When you are still using your mobile phone for entertainment, others are already using your mobile phone to make money, don't you hurry up to learn? The editor deliberately counted ten ways to make money on mobile phones, including forwarding articles, power leveling in mobile games, watching news to make money, mobile chess and card games, doing tasks to make money, and so on. Let me introduce you to these aspects and see if there is something suitable for you.
随着手机移动互联网的越来越流行,用户越来越多,手机赚钱也成为一大优势,很多企业开始开发手机赚钱的软件和应用。当你还在用手机娱乐的时候,别人已在用手机赚钱了,你还不赶紧学习起来吗?小编特意盘点了十种手机赚钱方法,有转发文章、手游代练、看新闻赚钱,手机棋牌游戏、做任务赚钱,等等。下面我开始向大家介绍这些方面的内容,看看有没有适合你的。
1
view
Recommend to friends some mobile VPN software that is fast, no registration, very simple, and convenient to use.向朋友们推荐几款翻墙速度快、不用注册、非常简单、使用方便的手机VPN软件
Hello everyone! Today I will introduce to you five scientific Internet software suitable for Android phones.
Regarding how to choose apps for scientific Internet access, I mainly adhere to the following principles:
1. The software does not need to register or log in, the installation is simple, and it can be used after it is installed;
2. It is better not to need the user to select the node by himself, the software interface is refreshing, the operation is simple, just click the connection "button" to realize the wall over;
3. The software is truly free forever and cannot be charged in disguise. Of course, it is acceptable to watch some advertisements appropriately;
4. The connection speed is fast, the stability is good, and the connection is not easy to drop;
5. Unlimited traffic, unlimited bandwidth, unlimited use time;
6. Able to protect our security and privacy;
Today I recommend these five VPNs to you. I have used the short-term VPNs for a few months, and the long-term VPNs have been used for almost two years. None of them have any major problems. These circumvention apps are worth recommending.
各位朋友大家好!今天我将向大家介绍五款适合于安卓手机的科学上网的软件。
对于如何挑选科学上网的APP,我主要秉承以下几个原则:
1.软件无需注册或登录,安装简单,装好以后就可以用;
2.最好是不需要用户自己去选择节点,软件界面清爽,操作简单,只用我们点击连接“按钮”就连实现翻墙;
3.软件真正地永久免费,不能变相收费。当然啦,适当的看一些广告,也可以接受;
4.连接速度快,稳定性好,不容易掉线;
5.无限的流量,无限的带宽,无限的是使用时间;
6.能够保护我们的安全和隐私;
今天我向大家推荐的这五款VPN,时间短的我也用了几个月了,时间长的,用了快两年,它们都没有出现过什么大的问题。这几款翻墙APP值得推荐。
1
view
Reflections on the U.S. Political System (1):对美政治制度的反思(一)
-The electoral system is a major flaw
The ups and downs of the 2020 election in the United States leave people with a lot of thinking. Among them, the defects and deficiencies in the political system must be reviewed and summarized. But this does not negate the great political legacy left to mankind by the founding fathers of the United States. Two hundred and forty-eight years ago, the founding fathers were able to design a political system with the separation of powers and regard civil liberties and private property as the most fundamental core of the constitution, laying the foundation for modern human civilization. It was established for the first time in the form of a constitution. The right of human freedom is an inherent natural right, a natural right, a right brought from the mother’s womb, and it is by no means a charity or gift from the ruler. Never follow the will of the ruler, freedom is sacred and inviolable. Rule that deprives civil liberties is illegal, opposed to the people, and contrary to the sovereignty of the people. For the first time, the sacred and inviolable private property was established in the form of a constitution. Property rights and freedom are the two most important rights of citizens, and the lack of one must be a slave. If the ruler can infringe on your property arbitrarily, it is tantamount to depriving you of your right to life. If the ruler deprives you of your freedom, it is like a bird in a cage or an animal in captivity. This is the greatness of the U.S. Constitution and the foresight of the founding father.
——选举制度是一大缺陷
美国2020年大选的波澜起伏,留给人们许多思考。其中政治制度方面存在的缺陷和不足,必须反思和总结。但这并不否定美国的建国先贤们给人类留下的伟大政治遗产。在二百四十八年前,国父们能设计出三权分立的政治制度,并把公民自由和私有财产神圣不可侵犯,作为宪法最根本的核心,奠定了现代人类文明的基础。第一次以宪法的形式确立了,人的自由之权利是与生俱来的一种自然权利,是天赋之权利,是从娘胎里带来的权利,而绝不是统治者施舍或恩赐的,也绝不随统治者的意志为转移,自由是神圣不可侵犯的。剥夺公民自由的统治都是非法的,是与人民相对立的,是与主权在民相悖逆的。第一次以宪法形式确立了私有财产神圣不可侵犯。财产权与自由是公民最重要的两项权利,缺一必为奴。如果统治者可以任意侵犯你的财产,就等于剥夺了你的生存权。如果统治者剥夺了你的自由,就犹如笼中之鸟、圈养之畜。这是美国宪法的伟大之处,建国之父的远见英明。
1
view
走出抑郁 拥抱幸福:Out of depression and embrace happiness
过年放假那几天,朋友圈里我最关注的,就是桂林晚报公众号里,寻找出走女教师的推送了。因为,那位女教师和我一样,是抑郁症患者。令人遗憾的是,这位女教师最终选择结束了生命。
如今,经过心理疏导和治疗,我已经康复。我想用自己的故事,告诉和我一样深受情绪病困扰的人,不要忽略身边的温暖,其实幸福就在我们身边。
During the days of the New Year holiday, my most concern in my circle of friends is the push of the female teachers in the official account of Guilin evening news. Because, like me, that female teacher is a patient with depression. Unfortunately, the female teacher finally chose to end her life.
Now, after psychological counseling and treatment, I have recovered. I want to use my own story to tell people who are deeply troubled by emotional diseases like me, don't ignore the warmth around us, in fact, happiness is around us.
2
views
二婚来之不易 需要彼此珍惜:Second marriage is hard won, so we need to cherish each other
曾经看到过一段话:二婚中的男女,胸前都用双手捧着一个瓷花盆,里面埋藏着自己的秘密,和一颗孕育着希望的种子.当再次遇到生命中情投意合之人时,他们会伸出臂膀与对方相拥。而当瓷花盆落地那一刻,过往都归于泥土,里面的种子也会在地里悄悄发芽。
但在我看来,那颗重新怀有爱的种子,必定是要经历一场暴风雨的洗礼,才会破土而出,继而开出美丽的花儿。
I once saw a passage: the men and women in the second marriage hold a porcelain flowerpot with both hands on their chest, which contains their own secrets and a seed of hope. When they meet the person who is in love with each other again, they will stretch out their arms to embrace each other. When the porcelain flowerpot falls to the ground, the past belongs to the soil, and the seeds inside will sprout quietly in the ground.
But in my opinion, the seed of love must go through the baptism of a storm before it breaks through the ground and blooms beautiful flowers.
1
view
What do you do when your lover loses his temper? 爱人发脾气时你如何处理?
On the evening of February 27, 2021, the topic of the latest issue of "if you are the one" on Jiangsu Satellite TV was quite hot: the male guest said that he was quite aggrieved because his ex girlfriend broke up with him after she was angry. The experience of male guests has aroused heated discussion. How to deal with lovers' quarrels? Must we coax them patiently every time, or should we deal with them coldly? Will cold treatment turn into cold violence and eventually lead to breakup? These topics are not only worth thinking about, but also the problems we must face in our feelings. So in life, how do we deal with each other's anger?
2021年2月27日晚,江苏卫视最新一期《非诚勿扰》的话题比较劲爆:男嘉宾表示自己相当委屈,因为前女友一次生气没哄,前女友就和他分手,跟了别人。男嘉宾的遭遇引起了大家的热议,恋人吵架后如何处理,一定要每次都耐心地哄,还是要冷处理?而冷处理又会不会演变成冷暴力,最终导致分手?这些话题不但值得思考,更是感情中必须要面临的问题。那么在生活中,大家又是怎样处理对方发脾气的问题呢?
2
views
song :《一万个舍不得》《亲爱的别想我》《我想说》《阿瓦尔古丽》
Recommend some good songs to friends:《一万个舍不得》《亲爱的别想我》《我想说》《阿瓦尔古丽》
7
views