Feng Zhenghu’s “constitutional protection and rights defense” philosophy centers on the constitution, emphasizing that the constitution is the fundamental law safeguarding citizens’ rights and advocating the use of legal means to defend citizens’ constitutional rights. This philosophy not only represents a profound reflection on the construction of the rule of law in China, but also a pragmatic exploration of how to achieve constitutional democracy.In contemporary China, with the deepening development of the market economy and the increasing complexity of social interests, political authority alone is no longer sufficient to effectively govern the country. It is necessary to rely on the authority of the constitution and the law to achieve social fairness and justice. Feng Zhenghu’s “Constitutional Protection and Rights Defense” philosophy not only provides theoretical guidance for the citizens’ rights defense movement but also points the way forward for the gradual reform of China’s legal system and political institutions.
1. The Fundamental Status of the Constitution and the Absence of the Spirit of the Rule of Law
In “Constitutional Protection and Rights Defense: The Ideology Practiced by Feng Zhenghu,” Feng Zhenghu pointed out that the constitution is the fundamental law of the state and the cornerstone of human rights protection. However, in China’s current reality, while legal systems are not lacking, what is truly missing is the spirit of the rule of law. The core of the rule of law lies in the concept and culture that “all are equal before the law” and “all must obey the law.”The absence of this spirit leads to laws being distorted by power in practice, leaving citizens’ legitimate rights unprotected.
Feng Zhenghu believes that both the ruling party and the opposition must respect the authority of the Constitution. Only in this way can citizens’ rights be truly safeguarded. The Constitution is not only a tool to restrict power but also an important weapon for citizens to protect their own rights. By strengthening the spirit of the rule of law, we can gradually change society’s attitude toward the law, making compliance with the law a voluntary act for citizens, thereby promoting the rule of law in Chinese society.
2. Legal Rights Protection: The Core Path of the Citizens’ Rights Protection Movement
In Feng Zhenghu’s “constitutional rights protection” philosophy, legal rights protection is the core path of the citizens’ rights protection movement. He argues that citizens should use legal means to defend their constitutional rights rather than resorting to violence or other extreme methods. This approach to rights protection, which uses law as a weapon, is not only necessary for the realization of individual rights but also an important pathway for promoting the rule of law in society.
Through legal rights protection, citizens can challenge injustice within the legal framework and urge the government and relevant departments to administer according to law. This approach not only reduces social conflicts but also accumulates experience for the country’s legalization process. Feng Zhenghu believes that legal rights protection is a reformist rather than revolutionary approach, as it promotes social progress through peaceful means and avoids the risks of social turmoil.
3. Enhancing Civic Awareness: A Crucial Foundation for Advancing the Constitutional Process
Feng Zhenghu particularly emphasizes the importance of enhancing citizens’ constitutional and legal awareness. He believes that every Chinese citizen should understand and respect the authority of the constitution and regard it as the fundamental basis for safeguarding their rights. Only when citizens universally possess this awareness can the entire society recognize and practice the rule of law, thereby laying a solid foundation for the realization of constitutional democracy.
Enhancing civic awareness requires not only education and publicity, but also practical action. For example, citizens can gradually strengthen their trust in the constitution and the law by participating in legal proceedings and supervising government actions. The awakening of this awareness will provide a powerful driving force for the rule of law and constitutional progress in Chinese society.
4. Promoting political reform: a gradual path based on the rule of law
Feng Zhenghu believes that China’s political system reform should follow a gradual path rather than resorting to radical revolutionary methods. He proposes that gradually improving the system of people’s congresses based on the rule of law is an important pathway to achieving constitutional democracy. He advocates transforming current representatives of the people’s congresses into true political leaders who can better fulfill their duties, represent public opinion, and safeguard the legitimate rights and interests of citizens.
This gradual reform path aligns with China’s current national conditions and avoids social upheaval. By improving institutional design and gradually achieving the restraint and balance of power, conditions can be created for the ultimate realization of constitutional democracy.
5. Maintaining the unity and authority of the law
In the concept of “protecting the constitution and safeguarding rights,” maintaining the unity and authority of the law is an important component. Feng Zhenghu pointed out that there are some provisions in the current law that are unconstitutional or illegal, which not only undermine the authority of the constitution but also weaken the unity of the law. He called for the removal of these unconstitutional and illegal provisions to ensure the seriousness and unity of national law.
In addition, local governments and officials often act in their own interests when exercising power, thereby undermining the authority of the constitution. In response, Feng Zhenghu advocates using legal means to restrain the abuse of power, ensuring that officials always act within the framework of the law. This maintenance of the unity and authority of the law not only helps to strengthen citizens’ confidence in the law, but also promotes social fairness and justice.
6. Promoting social harmony: the ultimate goal of protecting rights in accordance with the law
Feng Zhenghu believes that the ultimate goal of protecting rights in accordance with the law is to promote social harmony and stability. He points out that only through effective legal constraints can social contradictions be reduced and social fairness and justice be achieved. Through protecting rights in accordance with the law, citizens and the government can establish a relationship of communication and interaction, seek space for compromise and cooperation, and thereby promote the realization of constitutional democracy.
In this process, both citizens and the government must adopt a peaceful attitude toward contradictions and conflicts. Feng Zhenghu emphasizes that the rights protection movement is not a process of confrontation, but a process of resolving issues through legal means. This peaceful approach not only maintains social stability but also creates a favorable environment for the realization of constitutional democracy.
7. Conclusion
Feng Zhenghu’s “constitutional rights protection” philosophy centers on the constitution, emphasizing the use of legal means to defend citizens’ rights, promote the rule of law in society, and advance the realization of constitutional democracy. The core of this philosophy lies in strengthening the spirit of the rule of law, advocating the protection of rights through legal means, promoting gradual political reform, while maintaining the unity and authority of the law. Through these pathways, Feng Zhenghu has provided feasible ideas for China’s legal system construction and political development.
In contemporary China, with the deepening development of the market economy and the increasing complexity of the social interest structure, the significance of the “constitutional protection and rights defense” philosophy has become increasingly prominent. It not only provides direction for citizens’ rights defense movements but also offers a feasible path for achieving constitutional democracy. Every citizen should actively engage in the cause of safeguarding human rights and promoting constitutional democracy with a peaceful attitude and sustained actions, contributing their own efforts to the progress of Chinese society.
June 11, 2025
