On the constitutional development of the concept of the adversarial inquiry

Abstract: confrontational philosophy is an important pArt in the constitutional sense, it is an important component in the constitutional sense of the content. But also exerts a subtle influence in the constitutional culture within the various elements. Antagonistic ideas affect not only the country's constitutional culture and consciousness through the constitutional role of promoting the constitutional development. To achieve constitutional government in China, we will treat the objective confrontation between Chinese and Western philosophy, and through efforts to develop all aspects of the constitutional sense of this confrontation.

Paper Keywords: adversarial philosophy, constitutional, constitutional awareness
First, the adversarial philosophy and constitutional culture
Against the idea of authoritarian rule from the confrontation to a confrontation of state power, from the nature of resistance against oppression, the pursuit of freedom, equality, free from state power to interfere with, rights against the power of faith in the pursuit of human rights. Constitutionalism, is a way for the operation of politics and the concept of ideal state, which requires the Government to exercise all the powers of the track have been included in the Constitution and subject to the constraints of the Constitution. ... Constitution means that from confrontation to compromise, under an adversarial system state, and this system was conceived and matured in a pArticular context, this background, what we call constitutional culture. constitutional culture is rooted in each country's unique cultural background, being affected by different factors the different effects so that the whole world, showing a wide range of constitutional and cultural characteristics, but the cultural development of the background to a certain stage of historical development is the product of historical necessity, so to some extent also reflects the constitutional culture some in common, we find that such a common antagonistic. I developed from Western constitutional history of constitutional development staff, and through the concept of antagonism between the West and the analysis of China, proposed to increase the awareness of our citizens constitutional confrontation solution.

Second, the history of constitutional development in the Western sense of confrontation
(A) of the Common Law
British constitutional history of the development of multiple subjects is a history of adversarial. Antagonistic from the stArt the concept exists only in the nobility and later spread to the public, with the idea of strength and unity of antagonism, oppression, power of constitutional checks and balances the gradual spread of awareness, making the UK the establishment of constitutional government. It originated from the "State must consult decision" on the eve of a long historical tradition of .1066, has formed such a generally accepted criteria: "The king did not agree not to seek advice and get action." visible From the early beginning, the United Kingdom and the King there is the concept of .1215 against the British <"The Great ChArter>> is the world's first file with the constitutional significance is at British aristocracy succeeded in forcing the king of compromise. modern times, confrontational philosophy not only the aristocracy at the time was reflected in the subsequent popular uprising broke out in Scotland, under the pressure of the people, parliament and the army composed of the Supreme Court executed Charles I, against the authoritarian rule marked a major victory.

The United States is the world's successful constitutional government in the world. U.S. constitutional confrontation culture, reflects a diverse and universal subject, whether it is the fundamental Law of the State or the application of minimum rules, all reflect a After the kind of confrontation to compromise, whether it is up to the council in charge of national legislation, or down to the common people, do not compromise and give up lightly, in order to fight for their rights to compete with the rivals, and this is the modern concept of antagonistic constitutional pluralism ideological foundation of the theory. First, the birth of the United States Constitution is a resistance to colonial oppression from the history of confrontation between the powers. Second, the basic principles of the United States Constitution and the system, adversarial concept has also been reflected. If separation of powers and federal system. two systems fully reflects the essence of the concept of antagonistic. Again, the implementation process in the United States Constitution adversarial concept has also played a pivotal role. such as the constitutional review system is established so that citizens have filed unconstitutional review the qualifications of any damage to the citizens by Law the right to bring judicial review. It is precisely because the government power to pass legislation to prevent the form of infringement of fundamental rights of citizens to create "good" reasons, it gives the citizens against the "draconian" the possibility of enhancing the power of citizens against public resistance against the ability of citizens greatly improved the constitutional sense of the constitution really integrated into the lives of citizens, protection of basic civil rights become a real limitation of public authority Law.

(B) the civil Law concept of the constitutional confrontation
France, Germany and other countries do not have the constitutional system of adversarial theory, but its cultural development of the Constitution and the Code of written constitution, such as France, <"Human Rights Declaration>> and German <" German Basic Law>> stressed person inviolable dignity, respect and protection, "all the responsibilities and obligations of state power," clearly the fundamental rights of citizens the highest value orientation, and expressly stipulates that the citizens have the right to resist violence. civil law countries, although the Constitution embodies the culture characteristics of different forms, but in the form of constitutional provisions are to ensure that civil rights can be achieved confrontational.

Through more than a few national constitution and the constitutional development of cultural studies, we found that: the right against the state power to express each country is the default method or the fundamental rights of citizens into the system. With the idea of gradually strengthening confrontational and unification promote public awareness of constitutional, to promote active pArticipation of the people to constitutional construction, and precisely because of this public participation, constitutional only toward healthy and orderly development and mature.


Third, modern China where constitutionalism Ludu
Revolutionaries led by Sun Yat-sen overthrew the Qing Dynasty in the rule, enacted in 1912 <<Republic of China I Provisional Law ">. This is a provisional constitution of the file. Then set off a new round of national constitutional climax, the southern provinces began to put forward the "federalist" proposition. Hubei, Jiangsu, Zhejiang, Jiangxi, you and other provinces have their own constitution, and sent representatives to develop joint provincial constitution. this period, the provincial constitution, although carried out very enthusiastic sports However, poor implementation, is still a constitution without constitutionalism.

Looking back a hundred years of constitutional history, although the constitutional culture in China have seen significant development, China also made in the constitutional certain achievements, but we can see that this constitutional development and democracy, human rights, independent of the ruler to the Constitution and the Constitution and independence in order to implement China's Constitution, become a tool. China's constitutional completely copy the Western model to copy or imitate, not with China's national conditions, there is no solution to China's national conditions, to understand the real people needs. This lack of constitutional basis of the public is doomed to failure.

Compared with Western constitutional state, we are still a big gap, this gap is not only a problem left over from history, is caused by differences in culture. Westerners generally believe that human nature is based on the "evil nature of humans", as Quintessence of Western constitutional thought the power constraints, is built on top of such a premise, namely that the Government is a "necessary evil." It is because human nature is "evil", and those in power less exception, so in order to prevent this inflated, people not only from the adversarial system will go from action to limit and bound rulers. human basis of traditional Chinese culture is "human nature is good" theory, which stresses the ruler's own morality, and through the exemplary role of the rulers to influence their own people. This is based on those in power on the premise of full trust, it is in power pay attention to the moral self-discipline within the person, rather than external legal constraints. the people are fully confident that the rulers, even when the infringement is also convinced that the rulers will one day be able to correct the error. As Lin Yutang did a brilliant analysis: "The Chinese government is the people only know the parents, ... ... is I have people to 'discretionary' right to entrust the government will be unlimited ... I trust ... These types were also gives unlimited political power, but also self-defense, I never count the benefits. I have only to them as gentleman look for saints. "so, so what is against it? cultural development of China's constitutional development was curved. warlord in the Opium War and the two historical periods, China has had two constitutional development of the climax, in addition to, and then economic, political and social factors, can not be overlooked was the universal elements of knowledge of constitutional awareness that the idea of a confrontation. They received a good education, advanced by the Western ideological influence people against feudal oppression, and advocating authoritarian rule, and strive for freedom and human rights in troubled times, to achieve Western-style constitutional government. but inflated their constitutional constitutional awareness and consciousness of people generally lack the formation of a strong contrast to the general public lack of knowledge, simply do not know what the so-called Constitutional Constitution, more do not understand the rights and government power only to fight to secure their freedom and rights, coupled with long-term under the power of the feudal slave, more dared not resist, even though the strength and ideas scattered after the crackdown, but also become stuck . It is because of the lack of public awareness of constitutional government, constitutional lack of the public's participation in sports, people like watching a play like a fundamental law and a so-called "constitution" was promulgated and then disappeared without knowing history, democracy and Ye Hao, constitutional Ye Hao, not only can not stop the war, has become a pretext for war does not put out, in times of hardship society, the civil rights provisions of the Constitution can only be a deception. against the long-term suppression of this can be, even if when the constitutional and cultural development is not recognized in any of a written constitution certainly did not confront this basic right. against the constitutional concept of lack of awareness of the lack of lead, and the lack of constitutional awareness, but also the idea that people did not fight. So modern constitutional government in China is not smooth end, we always slaves or power. reposted elsewhere in the Research Papers Download http://www.hi138.com four constitutional confrontation Awareness
Caused by the history and traditional culture to the national power standard of citizens and civic duty-based spiritual heritage, rights awareness apathy, many citizens of those fair and honest cadres regarded as "blue sky" and "parent", used to rely on power and obedience without knowing the confrontation and control of power. The essence of the constitutional power of control and protection of rights, rights against the power of the constitutional confrontation will hinder the lack of awareness of the constitutional government of the process, how to improve the basic rights of citizens constitutional sense of the confrontational, as the current urgent task for Chinese and Western sense of antagonism caused by the differences of constitutional reasons, we can staff from the following aspects to improve the awareness of our citizens constitutional confrontation:

1. The implementation of constitutional government to create a good political environment. "Rule of law" strategy gradually awakened the legal consciousness of citizens, congress report confirms the basic strategy of rule of law, and proposed to strengthen the democratic construction at the same time, these policies have the constitutional implementation provides a better environment. As a long time people blindly believe in and worship of power, the trust of government officials, the current sense of our constitutional culture in which the Government needed to take the leading position, but the implementation of constitutional government, constitutional sense of antagonism Training has always been the government authority of a weakened, in this paradoxical state, the government needs to keep an open political attitude, a consistent in taking constitutional government, adhere to administration according to law, adhere to the controlling consciousness of the culture, and guide and nurture active citizen participation and initiative constitutional safeguard citizens to supervise the executive power of government and critical of democracy and freedom. Only such a political environment and create good, constitutional order to have the basic conditions for survival.

2. To develop a market economy, to create a good economic environment. Constitutionalism is based on the commodity economy developed, the products are born equal allocation, which requires the equal exchange of commodities, the resulting freedom, equality, property rights and other rights perspective . The market economy is the advanced stage of development of commodity economy, the development of market economy in general will form a strong awareness of the rights of members of society, which requires not only mutual respect between members of society, the respective rights, but also require the State to recognize and protect the rights of members of society. Citizen the awakening of awareness of the rights require the State to change the way the rule, because the absolute and unrestricted state power is bound to trample on the rights of citizens, so the right to form a sense of the market economy will wake people consciously constrained by civil rights and restrictions of state power, such a constitutional confrontation have a general awareness of the social psychological basis.

3. System through effective innovation, to create a good institutional environment. Constitutional sense of the early development of adversarial development of the constitutional system, in turn, the constitutional system in the implementation process with a sense of civic role in the constitutional confrontation. Constitutional civic awareness, we can not ignore the important role of the system. First of all, it should be clear in the Constitution gives citizens the right to confront. in China <<Constitution>> thirty-seventh Article: "People's Republic of personal freedom of citizens is inviolable." "Unlawful detention order otherwise unlawful deprivation or restriction of personal freedom of citizens, citizens against unlawful search of the body. "can be said that these provisions is to some extent the right of citizens against default. However, in order to better preserve our constitutional order, harmony and stability , for the right to resist the field of administrative law provide a clear legal basis for citizens to clear the rights of the legitimate exercise of the confrontation, we should learn from western countries, citizenship in the text of the Constitution affirmed the right of confrontation. Second, the protection of rights has always been from the not open relief, all have the right to relief can really be achieved. to protect the rights of the implementation of the adversarial, thereby enhancing the awareness of citizens of the constitutional, we can learn from the West and the situation in our country to establish unconstitutional censorship, against unreasonable system has given citizens to protect their fundamental rights the right to appeal, so the Constitution went into people's daily lives, so that the basic constitutional rights in the maintenance of a real role to play, rather than simply the law. This is the key to cultivate awareness of antagonism between constitutional.

4. Training at all levels of the legal system, develop the correct view of constitutional. In theory, citizens believe the Constitution, constitutional supremacy and by the formation of an organized, systematic learning and government propaganda, law education to achieve. However, China is a vast and populous country, is relatively backward economic conditions, the majority of citizens is virtually impossible to accept the system of legal education, we now focus our training on the legal system should first of all workers and young people. Second, Through the power of mass media to improve awareness of our citizens constitutional, which is characterized by all the time in contact with the members of society, affecting the most extensive of any political system can not do without some form of mass media. We should pay attention to this important tool. This will be a long process, in a long time did not reflect the remarkable results, the citizens may have a negative view of constitutionalism, constitutional indifference may become emotional. our educational work would be patience and confidence, uphold constitutional consciousness.

Constitutional development needs the participation of all citizens, the public opinion request, pressure and supervision is essential for the sound development of the constitutional factor is the social basis of constitutional development. At present, China is the need to nurture a sense of civic constitutional confrontation. Only when we have and state power against the confidence and ideas, we can achieve the real essence and purpose of constitutional government, to build a constitutional state to lay a firm ideological basis and mass basis, the realization of China's constitutional government. reposted elsewhere in the Research Papers Download http:/ / www.hi138.com