Montreal Mont Royal – Spirit
On May 8th in section of “Civilization and Law” of the 6th Blue Maple Law program, Ms. Tinglan spoke about Montesquieu of France (1689~1755) whose many theories of political freedom, separation of powers, and equality before the law are the originator and cornerstone of human beings’ creation of a civilized society under the rule of law.
The core of Montesquieu’s thinking on the rule of law. He was the first person in the West who accurately and systematically proposed the separation of powers. He broke through the view of “divine right of kings” and believed that people should enjoy religious and political freedom. The means to ensure the rule of law is the “separation of powers”, that is, the legislative, executive and judicial powers are divided into three state organs, and the three are subject to mutual checks and balances.
The legislature has the upper and lower houses of the house system, the U.S. Senate and House of Representatives, which make laws; the president and ministers etc. are responsible for the executive power; and the judicial system is the interpretation of laws including constitution. The three powers must be separated. In the country of CCP is totally different. Formally there is the National People’s Congress, the judicial department etc., but in reality the three powers are completely controlled by the CCP and there is only one power. Montesquieu was the first western thinker to classify China as a “dictatorship”. His statement strongly influenced the west’s impression of China.
The Chinese Communist Party took power in 1949 and deprived the people of their property rights. Even after the reform and opening up in 1978, introducing foreign investment, developing private enterprises, opening up the market, and driving economic growth, the authoritarian power is still a knife hanging over the people’s heads, and no one knows when their property will be deprived again. In China under CCP rules the private property is not protected by law. Freedom, Democracy, and Rule of law are the cornerstone to establish a state of law, and that’s our goal of to build the New Federal Sate of China. By then, we want private property to be protected by law, realizing Montesquieu’s saying that property is the spirit of the law.