Talk about the growth of the Constitution

Paper Keywords: constitution constitution constitutional Constitutional philosophy growth
Abstract: The discussion of the birth of the Constitution, the interpretation of the constitutional philosophy construction, as well as growth in the function and purpose of the Constitution's description of the evolution, of the Constitution, the environment and the growth process, and the future of the Chinese Constitution, constitutional government made perfect views.

First, the birth of the Constitution: Summary of country experiences
In modern times, mankind gradually began to organize groups of nation-state as the basic unit of life, which replaced the earlier dynastic state to the survival of living units as the basic format. In the later stages of historical development, human "Every experience a life of suffering , must be determined by the Constitution need to eliminate the suffering of the new basic form of Political and social order into a new historical stage. "As Chairman Mao Zedong said:" The world has always been the constitutional, whether Britain, France, United States , or the Soviet Union, are in the revolution, with democracy the fact that after the promulgation of a fundamental law, to admit it, this is the constitution. "This situation now seems to constantly go beyond the boundaries of national order, regional alliances and the world range of United Nations also are seeking to develop a charter or constitution of their own. In this sense, the Constitution is nothing more than people living on the past history of stage experience, especially experience on the national level for critical summary to fewer new regime make mistakes, more long-term rule. Therefore, it can be said with the state constitution is the birth and the birth and change and change in a matter of course.

The composition of the human public by strangers society, the Constitution is undoubtedly important, even necessary. The reason is that the first constitution of a country the highest and most powerful decision-making done by the Political class results, which constitutes the core of a national public law, then no one is embedded in the Constitution should be the basic values of faith and ethics, and finally that the Constitution provided a national organization, run the general paradigm. After all, a country, relied upon the national spirit and cultural traditions and consciously nurtured the Constitution is to really play a role in this country, and to make this country proud of the vitality of the Constitution has endless. The Constitution of any imported goods, even if their ideas are included and System Design up beautiful, but because of the different basis of history and reality of soil (or even the existence of worlds apart), often due to malnutrition before transplantation and after transplantation of acclimatized, and in the process of constitutional darken or completely different .

Based on this, the constitutional law scholars should be concerned about the broader view on the constitution, and not only concerned with the modern sense (18 century) in the constitution. In other words, the understanding of the concept of the constitution should always be based on the human long-term social process of historical development. Once we recognize that the Constitution is in fact sum up the essence of the experience based on the former country to maintain stability of the state of the tool, then it can not be arbitrary at any time that the feudal society (feudal society In fact, the definition of this concept was not accurate, but the word itself does not mean that the feudal backward) is not constitutional, but they are not able to develop to the present Constitution, we have the constitutional level.

Thus, I believe that the Constitution should not be narrow, and not to democratic politics and the limitation of government power as its essence. In other words, democratic politics and the limitation of government power is only a means to serve the purpose of maintaining stability of the state. They are at best only as a party and the constitution (and is not always necessary), and not the Constitution itself. Second, the separation of powers and the rule of law itself is accompanied. When the rule of law with rule of man and the role of the respective merits and also can not really understand, the fundamental meaning of separation of powers is impossible to make accurate evaluation. Therefore, the separation of powers does not necessarily lead to restrictions on government power, it does not mean the protection of democratic rights.

It should be noted that the Constitution and the Constitution of China scholars are concerned about the real significance of the different, more attention to Western scholars in the form of constitutional significance, because in their view, to the constitutional definition of a substantive is almost impossible (the connotation of the Constitution too Canton of). In my view, the Constitution is the word just a Political phenomenon or the fact that the laws that rule. To this end, the Constitution is to be understood from the concept, system, three levels, expand the text.

Second, the cultivation of the Constitution: the Constitution requires a help to the growth of philosophy
In accordance with the philosophy of the analysis, the reality of life in the 20th century world, a major philosophical shift. Husserl in his later works made with mysterious "life world" has turned the concept of open real-life philosophy of the world door, then rushed to echo the many philosophers, following the purport of this mindset and Theory, presented from different angles and explains the concepts and ideas is similar.


Unfortunately, however, that the law does not enjoy such immunity. On the real life world, China has become the forgotten foundation of its most fatal flaw of law, Constitution of naturally suffer. The flaw day upon day Constitution to be placed in a erratic, high above the position of China's Constitution in order to get out of this dilemma, access to healthy growth, in my opinion, we need to overcome three obstacles, namely, conceptual thinking, the ideal Marxist-oriented Research paradigm, the practice of Political way.

(A) the conceptual mode of thinking
Although the Chinese legal circles the concept of law in Europe have been warning ~ species and critical attitude. But now, the concept of law contained in the conceptualization of satisfaction is still the thinking of the Chinese Constitution in a dominant mode of thinking . conceptualization of thinking implied by a hypothetical premise that lawyers can be logical, linguistic, historical analysis to establish the legal concept of a relatively self-contained system, and with the concept of system to observe, think and solve real life in a variety of legal issues. The fundamental characteristic is starting from the concept, observation, analysis and thinking real issues to criticize the concept as the center, regulation and constraints in real life. Although for any one discipline, concepts and concept refinement carding system is subject to the basic growth and development projects, but once the existing concept as absolute truth and the highest criteria, both concepts rely on observation, interpretation and critical real-life world, but rarely turn from reality Living off the world to view, critique and abandon the existing concept, then the subject can only be established in their own world, drove to the concept, and not to real-life world. Over time, people will lose interest in the plight of the discipline Study the Constitution does not consciously made such a mistake.

More seriously, the Constitution used in the study of the concept of not own a large number of local concepts, but the concept of transplantation of Western constitutional law. These concepts from the West's life and legal practice, reflect the laws of Western experience and values, even if the laws of Western life in common, there can be no small difference, after all, so we have to suspect that these concepts to China after the practical. This simple "used" caused by the result is usually, the more Research the more I flaunt democracy, equality, rule of law, separation of powers, rights-based symbol of Western law is good, but to tyranny, privilege, the rule of man, centralized, obligations, based for the label is entirely China's criminal law representative. created a splendid history of civilization for thousands of years been repeatedly impressed by the Chinese to Westerners who actually has been controlled by the law of sin, to the conclusion that I am afraid not many people will accept it. If this is the case, I would rather accept the control law because, at least compared to now, I would be more dignified in the face of the West. reposted elsewhere in the Research Papers Download http://www.hi138.com (b) of the idealism of the Research paradigm
Studies in the Chinese constitution contains strong paradigm of the purport and the pursuit of idealism is to hinder China's Constitution fetters of real-life world of the spirit. This idealism, and the conceptualization of the Research paradigm of thinking together, expressed as scholars committed to to, even obsession with building or creating a variety of values and ideals of the Constitution of the picture of perfection, and assume that the construction of China's constitutional goal is to achieve these values and the picture, while completely ignoring the need for the people, whether recognition is welcome.

The legal system from the ruins of the Cultural Revolution, the constitutional scholars out of a new era in the face of the rule of law, often can not help but to construct their own imaginary constitutional model, with a quote from the Western rule of law, human rights protection, power constraints of these words to incite people enthusiasm, but little genuine concern for ordinary Chinese people in today's Political, economic and social conditions, what is allowed and what is most concerned about the people. Here I can only say that democracy is most concerned about today is not abstract the income of the rule of law but it is not empty but the reality of human rights protection of employment, schooling and medical treatment, not talking, but in front of the power constraints when corrupt officials in jail.


(C) the practice of political means
Theory and practice to a large extent the Constitution has been distorted to follow the party and the government's political take, theory with practice and academic Research into the party and the government's line, principles and policies of the explanation, demonstration, praise and promote. Many scholars have even used to think that all politics is also important to be important in the academic and constantly contribute their "occasional work," and proud of it. I say this, of course, not against everyone's attention and studies made by party and government line, principles, policies, and certainly not advocates of academic study and go to the political ideology. On the contrary, the political practice of the party and the government people and social life but an important part of practice, as scholars should pay attention to these political practices and seriously.

In summary, the growth of the Constitution in order to obtain a constitutional philosophy help in the construction of the Constitution must be conducive to the growth of eliminating obstacles, figure out what kind of training and how to cultivate the Constitution. At present, it should be nurtured is to focus on real-life world, of practical problems can be brought direct benefits to the people's Constitution, the Constitution is the only way to thrive, and is no longer just a paper tiger full of furnishings. Thus, the present construction of the constitutional philosophy need to be a naturally live cattle owned by the reality Constitution of the world's philosophy.

Third, the Constitution of the growth: the evolution of function and purpose
The usual sense, the Constitution can be divided into the ancient history of the Constitution, the Constitution and the modern constitution of modern three stages. In the West talking about the Constitution and the first influential ancient Greek philosopher Aristotle Asiasat, he in the "" Political Science>> book the role and nature of the law, the ancient Greek city-state's laws into two categories: one for general law, and the other for the Constitution, which provides that the organization around home machine off rights law.

1215 <"Free Magna Carta>> is a milestone in the history of the Constitution, its designed to limit the powers of the king to protect the church, the privilege of lords and knights, some of the public interest. It must be noted that the" limited sovereignty " The biggest beneficiaries of the nobility, not all citizens. the Constitution the connotation of the term dramatic change, it is in the l7, 18 century European constitutionalist thought after a tremendous impact, especially in the development of modern bourgeois democratic revolution, the modern sense finally the formation of the Constitution.

Today, the Constitution into the stage of modern constitution. The Constitution has undergone a qualitative leap in its intrinsic value to keep the expansion in all areas of social life, gradually constitutional function to the extreme. At this time the constitution is not only a normative sense of the legal documents , more importantly, constitute the basis of community and value the value of the order. "limitation of government power" is no longer the most important modern spirit of the Constitution, but evolved into a necessary tool to achieve human rights. Although the content of the modern constitution relating to national and all aspects of social life, but the final analysis, state power and civil rights of confrontation and reunification.

Equally important, the Constitution is not only the state power to control them, but also to ensure a reasonable distribution of power in state institutions, both central and local administrations in accordance with their own strengths and needs of the management of national affairs, and the legislative, executive and judiciary are within the purview of the Constitution of mutual cooperation, mutual checks and balances. However, the ultimate goal of rational allocation of power is the power and freedom of citizens to obtain a more adequate and effective protection.

Fourth, the future of the Chinese Constitution: constitutional government in improving
Summary of history to the development of a better future. Therefore, studying the process of birth and growth of the Constitution, the purpose is to seek inspiration for the future development of the knowledge of the constitution, the constitution be better in the future development in the modern Western sense of the Constitutional Government play a greater role. Because of their historical conditions, the realization of constitutional government is different. different countries need to make up for deficiencies according to their own circumstances, increasingly improve their own constitutional government.

To the case of China, China's constitutional perfect, we must deal with four aspects: first, the constitutional from the West, is under the Western values and Western culture thing, Chinese culture, there is no constitutional, so properly handle the constitutional the interface with the Chinese culture. Secondly, the Constitution and properly handle the question of the relationship between social phenomena. constitutional development must be a deep understanding of the development of a society, deeply understanding the social development of the demands made by the Constitution and the provision of space for development. Third, the Constitution and properly handle the relationship between foreign constitutional law and strive to build China's Constitution the basic value system. Fourth, straighten out from the perspective of constitutional norms and the relationship between the various branches of law, and strive to be constitutional doctrine carried through, making the evidence of the Constitution. Links http://www.hi138.com Research Papers Download