On the way to the Party Constitution in the role of changing

[Paper Keywords] constitutional constitutional governance
[Abstract] socio-economic, Political, and cultural progress and development situation in the rule of law means the ruling pArty and change is inevitable. Political power operation mode of the norms and goals of the rule of law makes changes in the governance play a key role in the constitution become a necessity . the ruling pArty to achieve social recognition, expand and consolidate the administrative base, it must be Set Constitutional awareness activities within the scope of the Constitution to ensure that play the role of constitutional authority.

Power to change the way the pArty is facing a major historical subject, its success will determine the fate and history of the Chinese Communist PArty's rise and fall of the Chinese nation. Comrade Jiang Zemin at the PArty Congress report pointed out: "reform and improve the party's leadership and governance, for the construction of socialist democratic politics with a global role. "This paper attempts to clarify three issues, namely, why to change the party's governance, constitutional changes in governance can play in exactly what the role and why the Constitution can play a role.

One way to change the party's social base
Changes in the party's governing style is not a new problem. Jianguo early Communist Party of China has become the ruling party, but the material living conditions, social productive forces, social class structure, people's ideas and did not occur before the founding of a big change compared to . economy planned economy, a high degree of centralization of Political and social structures are still workers, the peasant class-based, it can be said is a traditional unified society. Thus, the National Revolutionary Party led the way in construction yet feasible, to change the way the ruling, although occasionally mentioned, but it does not seem urgent. After several years of development, especially in nearly three decades of reform and opening up a planned economy to a market economy replaced by the rapid development of productive forces, the proliferation of new social strata and master the huge amount of social wealth, greatly promote the process of Political democratization, the rule of law targets lock, people's thinking has undergone profound changes in society toward the direction of diversification. to the guidance of the ruling revolutionary way of thinking has become outdated , the change in the party's governing style has become a historical necessity. decades "Cultural Revolution" is also proved from the negative side, confusing Revolutionary Party and the ruling party's position and role in the revolution of thinking in construction will lead to social stagnation or even serious disaster to the country. the ruling Revolutionary Party, compared with many different features. First, the value of its class foundation and goals change. During the revolutionary period, the revolutionary party is based on a class basis, the value of its existence and the goal is to overthrow the existing rule, break the old order and establish a new order. while in power, the ruling party no longer represents the interests of a particular class, but the interests of the whole people, and its value goal is to maintain the existing order the promotion of national and social development. Second, the class basis and the value of the different objectives of the ruling party and the revolutionary party is not taken by the same means and methods. In the revolutionary period, many Revolutionary Party adopted a more radical means. even if a joint one or several classes, which also aims to overthrow the class with their opposition, but stressed that the ruling class will have to reconcile the period, to the extent possible to integrate the various Political forces, stressing cooperation among the various classes of cooperation and the whole society to promote the greatest degree of development of society. Therefore, "in the social environment, history, the great changes the task situation, the party must conscientiously carry out reforms. from the class struggle and political movements are used to party into the party of economic construction mission from operating under the planned economy to a market economy the party changed the party under the conditions of operation, from the 'rule of man' changing environment to run the party to run the party under the rule of law, from the party used to centralized system based on the transition to democracy the party are no doubt a huge turning point, all the Chinese Communist Party faces self-revolution. "satirized the social reality of the profound changes in the way the ruling party and the change become inevitable.

Second, the constitutional changes in the way of the Party's role
(A) of the Constitution, the ruling party can change the mode to provide a legal basis, overall objectives and evaluation criteria
Party means the Party to separate the key to change. The Constitution Party is to correctly handle the relationship between national authorities and provide a legal basis. The Constitution establishes the one hand, adhere to the principle of the Chinese Communist Party leadership, on the other hand the provisions of the National People's Congress, respectively, and its Standing Committee, the State Council, People's Court, People's Procuratorate of the nature, status and functions. So, how to handle the leadership of the Party and state organs independent exercise of powers of the relationship? Obviously, only based on the Constitution to deal with both relations. As the ruling party's leadership on the state organs are mainly political, ideological and organizational leadership, not the legislative, executive and judicial affairs, specific leadership. it through the legislative and electoral process is complete a policy, with cadres, you must take the lead in abiding by the Constitution, conscientiously safeguard the constitutional status of the state organs and legal authority, so that they get what they want, their duties can no longer be within the scope of its activities in terms of improper interference. the only way to get rid of regardless of party and government functions. to the party on behalf of the government's shortcomings, the country took to the track of the rule of law.

Means the Party Constitution is the legal basis for change, but also the changing way of the party's overall objectives and evaluation criteria. The Constitution Article V provides: "The People's Republic of rule of law and building a socialist country ruled by law." The overall objective of the design be no doubt change the mode to lock the party's direction, that is, the party's governance through the improvement of the party and state organs, the relationship between the standardization and institutionalization. can achieve this goal, the key lies in the Party Constitution can play a role in the way of change and its effect size. the greater the role of the Constitution, that the party's rule of law in the way more depth, more successful, on the contrary, that the rule of law means the Party of Vietnam is not complete, from the rule of law the more distant goals. One of the most typical counter-example is the "Cultural Revolution" period, the Party Constitution in the way that did not play its due role, rights and political power into one party, the operation of state power is not in accordance with the law, and in accordance with the wishes of the individual leaders of the personal and political life in a completely disordered state, and even the President has been holding down the situation in the Constitution.

(B) of the Constitution can change the way the ruling party to provide the legal basis of social identity, reducing political risk
Sovereignty of the people the basic principles of the Constitution, Article II of the Constitution clearly stipulates the Master: "All Power to the People's Republic of China." The people enjoy extensive rights and freedoms. By the people entrusted to the formation of the power of state organs, and these powers are contained in constitution. political parties the power to rise to state power, the real elements in the Constitution, and to expand the political power of clients, from the class-based services shift to universal service, the formal requirements of the Constitution, and to comply with the provisions of the Constitution to obtain recognition and support of the constitution. As has been the ruling Communist Party, changing governance, it is necessary to effectively expand the social basis of state power, not only to include workers, peasants, intellectuals, the traditional class, and make private entrepreneurs, self-employed, new technical staff, managers and freelancers and other services into the scope of state power, and ensure that all power comes from people across the country, all power services to people across the country, and second, to earnestly abide by the Constitution, in accordance with the provisions of the Constitution deal Party and other state organs the relationship between the changes in the governance process into the framework of the Constitution, truly separate the party and government, rule of law. This is bound to change the way the ruling party to expand the social basis of fact, form of legitimacy provided to enable the whole society to change the way the ruling party in the Constitution of the fundamental legal platform to reach a consensus.

In addition, because the fundamental constitution, the ruling could change the way providing the most extensive social identity, and can reduce the risk of changing to a minimum. The Constitution is the fundamental law, it has a strict formulation and revision procedures. Our Constitution sixty-fourth states: "Amendments to the Constitution, the NPC Standing Committee or more than one fifth of the National People's Congress proposed by the National People's Congress more than two thirds of all the deputies of the majority." The National People's Congress and The Standing Committee is the way people exercise state power, it represents the interests and will of the majority of the people. In other words, the proposal by the National People's Congress and the Constitution adopted by the high degree of political legitimacy and broad social base, means for the ruling party changes provide a strong legal support. are constitutionally recognized and supported governance will also get support from majority of the people, and thus greatly reduce the process of change caused by the risk adjustment of interests. Links to free papers Download Center http://www.hi138.com Third, constitutional changes in the way of the Party Reason to play a role in
First, as the representative of national interests the way the ruling party should have a spirit of tolerance, and as a product of political forces tolerance consistent with the Constitution, the Constitution Party's governing style can play a key role in changing the foundation. In the previous distinction between ruling party and the revolutionary party has been mentioned that the ruling party's goal is to integrate various political forces, the national construction and social development. This will inevitably require it to try to mitigate or resolve various social contradictions and class conflicts, so as to avoid social conflicts in the endless struggle to paralysis collapse. So the ruling party must mind the overall situation, open-minded, tolerant views of all sides and even the opposition, members of all classes equal protection of democracy, equality, freedom rights. and the "Constitution of thinking is based on tolerance culture-oriented thinking. "constitution is based on the democracy, equality, protection of the right to freedom arising. only with democracy, freedom, equality elements, inclusive of the rights of all members of society is the protection of the Constitution true sense of the Constitution. Second, from the perspective of Nature of the Constitution, "it is the ruling class of a country to establish democracy in the process of national balance of power between the political focus on performance. such as the UK 12l5 years, <" Free Magna Carta> > in fact, King John and the balance of power between the Uncooperative compromise. It limits the powers of the king the objective to protect the nobles and the people of the personal property rights. this point, the Constitution is a political compromise, the balance of forces the product of its inner spirit is the spirit of tolerance and the tolerance of this ruling is consistent with the spirit of tolerance. It is this consistency, the way the Party Constitution to play a key role in transition to become possible.

Second, the rule of law targeting the community to decide the party's ruling means the law must be replaced by the Constitution, headed by executive order, is a constitutional change in the way the ruling party played a key role in the important reasons. Power to change the way in just a social transformation an important aspect. Since the founding, especially the reform and opening up three decades, the Chinese society's economic, political, cultural, ideological and other fields have undergone unprecedented and profound changes. On the whole, society is moving from traditional to modern transformation. But the way to ruling the country, the whole of society from the rule of man is undergoing a major social changes to the rule of law. Only mode of operation of the rule of law is the best choice for society, the rule of law in 2099 to establish constitutional rule of law objectives and the West History has proved this point. in the context of a social transformation, the ruling party to change the way the rule of law will be subject to the overall objective of the qualification. the formation of the rule of law, the party's governing style is the key, can be said that the whole society to promote the demonstration effect. the party's governing style is not in accordance with the rule of law in orbit, the goal of the rule of law can not be achieved. because the party is the core of political power, the party's governing style is completely changed, determine the process and the rule of law depth. The construction of the rule of law is inseparable from the constitution of this specification to run the fundamental law of political power. As the highest constitutional position, with the highest legal authority. It is not only the basis for development of common law, the law of the law, but national authorities, political parties, social organizations the highest code of conduct. constitutional authority of the concept is the core of all the legal concept of consciousness, which "dominated the rule of law model." implement the rule of law to the constitution must first rule, therefore, the constitution will be a matter of course the ruling party change the way play an important role.

Third, the ruling party to change the way the core of political power involved in running patterns change, this is the constitution, only by way of constitutional change in the ruling party played a key role to achieve. The party's way of changing the key: First, separation of power and political party, the second is the right party and the regime of convergence. here, "political," not only refers to government power, but to the entire state power. Party is the party's separation of powers and the nature of state power in these two different separation of political power, the establishment of a legal separation zone, the two-phase short-circuit power can not avoid the party on behalf of the government, the case of party unity. to make the NPC according to legislation and government administration, and judicial organs of justice, the party is from the political, ideological and organizational leadership to achieve the above-mentioned agencies, and supervision. Party Power and the interface between the regime is through the constitutional process to achieve a certain power between two political communication and interaction, the core is to ensure that the party be able to: a certain policy , with two cadres. called a policy, the party's legislative program through Congress will rise to its own national will, the implementation of legal form. The so-called use of cadres, the party through the electoral process to make their own choice as recommended by the State Authorities leadership personnel, and exercising supervision over them, making it a firm supporter of the party's policies and implement those. the core of this change involves a change of political power operating mode, with an overall, fundamental, this is the constitution, and only Constitution can perform the job.

In short, socio-economic, political, and cultural progress means the ruling party and change is inevitable. Political power operation mode of the norms and goals of the rule of law makes changes in the governance play a key role in the constitution become a necessity. The ruling party to achieve social agree to expand and consolidate the power base, he must establish the awareness of the Constitution, within the scope of the constitutional guarantee to play the role of constitutional authority. Links http://www.hi138.com Research Papers Download