【新唐人2013年02月26日讯】继高举“宪政梦”大旗后，日前，中共中央总书记习近平再次喊出所谓的要依法治国、依法执政、依法行政共同推进的口号。不过，有评论指出，习近平要真正落实依法二字，恐怕面临着一个最大敌人。什么样的敌人?一起去了解。
中共喉舌《新华社》报导，习近平2月23号在中共中央政治局集体学习时强调，要加强宪法和法律实施，形成法治环境，做到有法必依、执法必严、违法必究等。
在谈到干部选拔问题时，习近平说：“各级组织部门要把能不能依法办事、遵守法律作为考察识别干部的重要条件。”
习近平还强调，中共是执政党，坚持依法执政，对全面推进所谓依法治国具有重大作用。
时事评论员林子旭认为，依法治国，首先立法和执法机构必须有独立的权力，而中共开会谈依法治国，而且还要在十八大精神、邓、江、胡理论思想的指导下，推进立法、执法，是一件可笑的事情。林子旭试问﹕一个党控制下的法律能公正吗？
时事评论员林子旭：“会议里面习近平强调说﹕各级党组织必须坚持在宪法和法律范围内活动，对这样的话，很多中国人或许已经麻木了。如果我们把主人翁换一下，如果欧巴马公开说美国民主党必须坚持在宪法和法律范围内活动，而且说各级美国政府要带头依法办事，遵守法律，美国人听了一定会笑掉大牙的。”
中国社会科学院世界历史研究所马龙闪：“制定法律方面，他是下了一些功夫，但是在怎么样执法的问题，把法律一一落实方面，还有很多工作要做。”
南京律师、东南大学法学院教授张赞宁指出，中共建政60多年来，法律也定了不少，口号也提了不少，但最终都成为纸上谈兵。
张赞宁：“过去也是这样提的。邓小平还提过要使法律制度化、法律化，但是由于没有坚持下去，没有一个民主监督的机制，最后邓小平自己就把他自己制定的法律都改变了。”
张赞宁指出，民主宪政是不可阻挡的世界潮流。如果中共做的跟讲的背道而驰，就会引起暴力事件的不断出现。他认为，中国要施行法治之国，首先要彻底批判毛泽东，把毛像从天安门拿下来，彻底根除这个“左派”。
但也有一部分舆论指出，宪法规定，公民有宗教信仰自由。要谈所谓的法治，首先要解决中共系统性的对法轮功学员，以及其它信仰团体的非法批捕、判刑，以及非法迫害。
另外，根据宪法规定，中国公民有言论自由。因此，也有观点认为，要谈依法治国，首先应按照宪法去实施，不要再让那么多热爱中国、谈论民主宪政的无辜民众因言获罪。
林子旭：“中国普通的百姓每天活得都是战战兢兢、如履薄冰，真正无法无天的，不恰恰就是中共的党员以及他们的儿孙吗？比如说李天一。只要中共这个体制存在一天，中国就不可能建立起真正的法律体系，说白了，空谈什么法治的中共，恰恰就是依法治国的最大障碍。”
今年新年伊始，《南方周末》新年献词中，原本强调习近平的宪法梦，却遭广东宣传部长庹震删改。1月7号，中共突然宣布今年内取消劳教制度，同时习近平高调讲话，再次强调他所提出来的宪法梦。
林子旭：“一个小小的刘云山控制的中宣部就敢于和习近平公开叫板。谁给刘云山壮的胆儿，说到底，还不就是支撑中共体制的这些个利益集团，因为真的把依法治国炒热了，这些人的利益就要受到威胁，罪行就要被清算。”
因此，林子旭分析，不排除习近平有心想要推进法治，但是在中共体制下，根本就推行不下去。
采访/常春 编辑/王子琦 后制/君卓
Xi Jinping Meets Major Obstacles in Calls for Rule of Law
After displaying his “constitutional dream,"
Xi Jinping,Secretary General of the Chinese
Communist Party (CCP), has released a slogan.
“Manage state affairs, politics and
administration by rule of law.”
Commentators say that Xi Jinping faces strong
opposition in implementing “rule of law.”
What or who is this opposition? We investigate.
According to the CCP controlled Xinhua News Agency,
Xi Jinping has stressed rule by law and constitution.
This was during a meeting of the CCP Political
Bureau of Central Committee on February 23.
He has required the formation of a legal environment, and
that laws be strictly enforced, with violators being prosecuted.
In discussing selection of officials, Xi Jinping said,
“Government departments at all levels should consider
an official’s ability to rule by law, during his evaluation.
Xi also emphasized that as the ruling party,
the CCP should adhere to “rule by law".
This is important for the legal administration of the country.
Political commentator Lin Zixu believes that rule of law first
requires independent legislative and law enforcement agencies.
When the CCP claims to implement rule of law, its
only under the guidance of CCP 18th Assembly.
It is also under the guiding ideology of “Deng,
Jiang & Hu,” which only ends up being a joke.
Lin Zixu questions whether there can be
rule of law under a single Party system?
Lin Zixu: “At the meeting, Xi Jinping stressed that all Party
organizations must abide by the Constitution and other laws.
Chinese people may have become indifferent to such cliches.
Imagine Obama publicly says that the U.S. Democratic
Party must abide by the law, and that the U.S. government
at all levels should take the lead in abiding by the law,
people will simply laugh themselves to tears.”
Ma Longshan, Institute of World History Study,
Chinese Academy of Social Sciences:
“[Xi Jinping] has made some efforts in establishing law,
but problems remain as to how to enforce such laws.”
Zhang Zanning, lawyer and law professor
at Southeast University, commented.
Although the CCP has enacted many laws
and introduced many slogans during its 60
years of rule, they all end up as empty talk.
Zhang Zanning: “The CCP has already said this in the past.
Deng Xiaoping mentioned that law should be
institutionalized, but he was unable to exercise it.
Because there is no democratic mechanism to enforce it,
finally Deng changed the laws that he enacted himself.
Zhang pointed out that constitutional democracy
is an irresistible trend in the world.
If what the CCP practices runs counter to its
slogans, that will incur increasing violent protests.
He believes that China must first thoroughly reject
Mao Zedong, if it is to implement rule of law.
Mao’s portrait must be removed from Tiananmen Square,
and the “leftist" ideoogy must be completely eradicated.
Some commentators also pointed out that the Constitution
dictates that citizens have the freedom of religious belief.
To talk about rule of law, the CCP must first
terminate its systemic and illegal arresting
and persecution of Falun Gong practitioners.
Chinese Constitution prescribes that
Chinese citizens have freedom of speech.
Some commentators say that to talk about rule
of law, the CCP must abide by the Constitution.
It should stop punishing innocent people simply
for talking about constitutional democracy.
Lin Zixu: “Ordinary Chinese people
live in fear and worry every day.
The truly lawless people are none other than
CCP officials and their family members,
such as Li Tianyi, son of Li Shuangjiang.
As long as the CCP exists, it is impossible
to establish a real legal system in China.
In other words, the CCP, which keeps talking about rule
of law, is precisely the biggest obstacle to the rule of law.”
At the beginning of the Chinese New Year,
“Southern Weekend” stressed Xi Jinping’s
“constitutional dream” in its foreword.
This was deleted by Guangdong
province propaganda chief Tuo Zhen.
On January 7, the CCP suddenly announced
that it was canceling its decades-long system
of re-education through labor within the year.
At the same time, Xi Jinping once again stressed
his “constitutional dream” in high-profile.
Lin Zixu: “The Central Propaganda Department
controlled by Liu Yunshan openly challenges this.
Who is behind Liu Yunshan? The answer is nothing
else but the interest groups supporting the CCP system.
If rule of law indeed becomes a heated public topic,
their interests will be threatened, and their crimes exposed.”
Therefore, Lin Zixu says he does not rule out the possibility
that Xi Jinping means to promote the rule of law, but under
CCP rule, this slogan can never see real implementation.
