Thứ Năm, 31 tháng 1, 2013

Semi-monthly magazine on freedom of speech issue No. 164 release dated 01 -02-2013




Dear to you, our Supporters, Our Readers

 - Semi-monthly magazine on freedom of speech issue No. 164 release dated 01 -02-2013,
 - The editorial of the semi-monthly magazine.
Thank you received and abetting common, especially popular back in the country for dear compatriots.

The editorial board of the newspaper TDNL

The so-called Constitution of the Socialist Republic of Vietnam!!!
Semi-monthly magazine on freedom of speech issue No. 164 release dated 01 -02-2013

            The world, who also recognized the reason the United States is economic development, scientific advances, educational achievement, equality, human rights and international political influence in the most complete demand, precisely because they have a very robust legal foundation, ie a value Constitution, a Constitution first in human history that hardly any error or rather a text major principles errors!

            Formed in 1787 in Philadelphia, with the desire to become a permanent basis through the ages, the U.S. Constitution was an important principle is based on the nature of human freedom and democratic nature of society that insists things will never change, such as every human being has the right to life, equality, liberty and the pursuit of happiness, each individual has a sacred right to private property and inviolable, every citizen has the right to elect and dismiss his government ... For over two centuries, this exceptional text does not need to change. Only the additional option is called an amendment.

            Meanwhile, in Vietnam, in less than 70 years, even under the same political regime, the Constitution (called so) has changed all the time, 4 times already and is preparing the 5th, not to mention minor revisions. It is a record not found anywhere in the world! In this regard, former justice minister, CS Nguyen Dinh Loc justified as follows: "We (Vietnam) as a condition of development that the country has always phase change. Corresponding to each such period to have a constitution. To see our special is each stage of a different nature, so to have the Constitution. So Vietnam can see great respect for the Constitution. Each stage of development however there is a corresponding constitution ". (RFA 19-11-2012)

            It was just kind of sophistry lying! Because by nature totalitarian party rule, the Communists do not think the Constitution (as every democratic country in the world recognized) is the highest law of the entire population based on human freedom and social democracy to compose that define human rights and civil rights, political freedom and economic development mode, the government's powers and duties as public servants are the people assigned to the task of management of the country. In other words, take the from Escrow theory of the Greek philosopher Aristotle, (tk IV BC, author of "Republic"), being implemented by many European philosophers of the 17th century and 18 as Thomas Hobbes, John Locke and Jean-Jacques Rousseau (author of "On the social contract") to eliminate the thinking style rule autocratic monarchy (King is the natural elements, the sun), human civilization-from the Revolution The United States and the French Revolution-conception of the Constitution is a contract, the contract between the State and the people, the documents entrusted political power from the people to the State to change their countries and ensure operating safety, freedom, equality and development for them. Said negative manner, the Constitution is a contract designed to control people's state power, to bind the government, not to the state for the people style, for grace.

            But in authoritarian countries, especially the Communist dictatorship, the Constitution is used as the program of the state or get pregnant from the program of the ruling party. This Nguyen Sinh Hung, Chairman of the National Assembly CS highlighted in August 2011: "Commission draft and the editorial board and the editorial team needs to understand and put into the new Constitution transition Content Platform on socialism and the Resolution has been the XI Congress of the Communist Party through ". Into what is known as the Constitution of the Communist state HP is not true that only the laws, military orders from the party passed down to the people to implement regardless of right and wrong, and at the same time despotic monarchy. It and the law as it is the ruling class (the dominant party) used as control tools, weapons suppress anyone against the policy guidelines as well as behavior antidemocratic water damage, consolidate power and scavenged the interests of the them, their party.

            Constitution ought to help people political freedom, means building a democracy with separation of powers structure; economic freedom, that is, to build an economy healthy competitive market; guaranteed security, ie the ownership of the property as well as the means of production, which mostly land; ensure security, which means that there are laws protection of justice, human rights, civil forces to help, to preserve social protection of the country. However, after the 1946 Constitution passable due to the recognition of human rights and civil rights (but given the power too large for an individual - the President - at the same time deprived of the power of the human representation People-Parliament-for delivery to a small group called the Parliamentary Standing Committee. This is the source of the "water-President of the National Assembly Standing Committee," which will be replaced by the "Politburo-Board Party Central Committee "than catching the right), the" Constitution "of 1959, 1980 and 1992 and is the current draft amendments are entirely and moving the opposite sense, the goal of a True Constitution, is still extremely reactionary texts, there is no sign of a rule of law for the people.

            · Because the foundation of the rule of law is the basic law that must be applied to everyone, including the government. These laws are created by people in order to control the operation of the government are allowed to perform, not to the state apparatus to do everything you want. One way to realize this is a separation of powers system. Power of the state, the government must be separated. And each branch must be operated by the different components to be able to test, monitor, control, counterbalance each other, creating a balance of power. This will help ensure that the nation can not be run by just one person or a group of people, people get rid of dictatorship, tyranny, totalitarian social and prevent collusion, abuse of power force. However, the Draft 2013 shows the organizational structure of the State did not make a proper distinction of the legislature, executive and judiciary as well as other constitutional bodies; branches of power is still dominated by the Communist Party and political; judicial system still does not guarantee the right to independent adjudication, based on the Constitution and the law. In particular, instead of setting the Constitutional Court with the decision function, the draft proposal Constitutional Council with advice and recommendations!

            · First to, as Recommendation 7 points on amending the Constitution dated 19-01-2013 stated, the purpose of the establishment of the State is to protect the natural rights of man. But revised draft order to uphold these rights compared to the 1992 Constitution (from chapter 5 to chapter 2), but still have loads of points not consistent with international human rights standards, such as the rules restrictions on rights (Article 15, 16, 20), arbitrary regulations on the obligation (Article 41, 42, 49). The emphasis on "human rights, civil rights may be limited in cases where it is necessary for reasons of national defense, national security, public order, safety, morals, health of the community" ( very vague vague) and then continuing into phrases that teachers "prescribed by law" will pave the way for the name of HP to violations of human rights, suppression of freedom of decades.

            · Private property is a natural right of every human being. Article 16 of the Universal Declaration of Human Rights and Civil Rights, put it on a par with freedom, security and anti-oppression. Article 17 of the Universal Declaration of Human Rights affirmed "separate individual or community has the right to private property." The vast majority of the HP in the world recognized the private property-particularly private ownership of land-is the absolute right of every citizen, as it is a condition for the protection of freedom and human dignity. However, the draft amendments HP 1992 persisted confirmed in Article 57 (as amended, supplemented, Article 17, Article 18): «Land ... is public property owned by the whole people by the State represent owners ». Then there was the constitutionality of `state land acquisition rights in Article 58 (as amended and supplemented Article 18) which extend the scope of application for the social-economic development projects. This is a regression compared to the 1992 Constitution and could spark social unrest in the capital has seen millions of complaints, claims on land in recent years.

            · Constitution of the best interests of the people and country above the interests of any one organization or individual. Therefore all activities of the armed forces (army, police, civil defense, etc.) only to protect the territorial integrity of the country, to preserve the security of the society, to protect the lives of people healthy. By armed forces loyal to the Fatherland and the people not loyal (but absolute loyalty) to the Communist Party, as defined in Article 70 of the draft. This provision is very new, not included in the "HP" old, including "HP 1980" is at the party at the height of prestige and power. That was a weird rule, never seen in any constitution, revealing the extreme right nature of the Communist Party and maximum anxiety of the political organization never for the people and the country.

            In summary, we can say the text called "Constitution" in 1959, 1980, 1992 and especially the "Draft amendments HP 2013" not worthy to be called the Constitution at all. That's just desire authoritarian, dictatorial credo of the Communist Party (styled the Law is me! Tao is the law!) Occasionally slight modification to increase power for the party, but has never expressed and can free and democratic aspirations of the people, the orders of the owner of land allocated for public servants servant. Therefore, the highest legal texts, instead of building a peaceful and prosperous society, a developing country progress, a harmonious community solidarity, a formidable national prestige ( such as the United States and Europe, etc.), just create a Vietnam lag poverty, people Of Shedding miserable and increasingly decline, critical, especially in the context of the traditional enemy Dahan that are threatening.


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