On the establishment of our constitutional system of democratic

Abstract: The article has improved our democracy and building a socialist market economy and national conditions that China should respect the constitution started. Promote civic constitutional awareness, step by step to promote the Constitutional Government. Limitation of public power to protect civil rights and truly open the Constitution era.

Paper Keywords: constitution, constitutional sense, the establishment of constitutional
Communist Party of China led the Chinese people in the 21st century a step further to deepen economic and political reform, and promote a critical period of socialist modernization, the rule of Law and building a socialist country ruled by Law, has become a socialist democracy and legal system to strengthen the strongest in the sound, the constitution as the country's fundamental Law is the rule of Law and building a socialist country ruled by Law the basis and foundation. Thus, in promoting the rule of law. the process of building a socialist country ruled by law, must be placed on the implementation of the Constitution and the constitutional status of primary importance, establish a constitutional system with Chinese characteristics.

First, to speed up the construction of our constitutional necessity and urgency
Constitutional pursuit of the Chinese people had begun from the late Qing Dynasty, but in the historical process of ups and downs, we pass again and again with the constitutional government. Constitutional History of China from 1898 Kang, Liang Reform period begins. The first is political reform constitutional After the Qing government was forced to implement the Western modern political system - promulgation of the constitution, the implementation of constitutional government. in 1908 generated <<Imperial Constitution, "the Outline>. after that. they have appeared in Sun <<Republic of China, Provisional Law"> , Yuan <<Republican about Law ">, Cao Kun Bribery <<Constitution>> and the Kuomintang government <<Republic of China period of political tutelage about the draft Constitution of the Republic Act >>,<< >>,<< Constitution of the Republic>> etc. to the founding of New China's Constitution, 54, 75 Constitution, 78 Constitution, 82 the formulation of the Constitution, the constitutional history of China has been one hundred years. this constitutional movement in China a hundred years of this evaluation can be made: there are constitutional no constitutional, legal and no rule of law. now it is under the constitutional transition, the transition from the rule of man to the rule of law.

Since the founding of the development process in the Constitution one of the lessons drawn, the light was perfect with a literal provisions of the Constitution, the Constitution does not mean that in practice the fundamental law can really play the role should have. With a Department of good constitution. need to learn how to use. Otherwise, not only the Constitution can not be well implemented. the authority of the Constitution will be lost. If the State President Liu Shaoqi in 1966, holding the Constitution was persecuted, and even the basic State human dignity can not protect the Constitution, the Constitution has been trampled to the extreme.

The current Constitution in terms of the public the impression. The Constitution is more concerned with the fundamental law of national institutions, organizations, and the personal legal rights and citizens not directly related. Constitutional rights of people tend to be "heard and not seen its people ", and in judicial practice has also created a" no constitution "practice. This leads to the expected legal effect of the Constitution and the public awareness of the enormous differences between the social role of .2001 August 13, the highest People's Court in the "Qi Yuling case" in the form of approval to the judicial process authorized the direct protection of constitutional rights.

Started the precedent of the Constitutional Courts, but also the constitution of social and civilians, the constitution and the distance is closer to ordinary people, and effectively reversed the long form in people's minds, "the Constitution has nothing to do with his" fuzzy concept . to promote awareness of the constitutional rights of citizens to maintain growth. Comrade Jiang Zemin put forward the Party Congress report the construction of the ambitious goal of a socialist political civilization, and also pointed out that "the Constitution and the law is the will of the party's ideas and embody the unity of the people . must be strictly according to law, any organization or individual are allowed to have the privilege to overstep the Constitution and the law. "Comrade Hu Jintao to mark the 20th anniversary of the General Assembly on the implementation of the Constitution in his speech also stated that" the Constitution ... ... with the largest and the highest legal authority effect. people of all nationalities, all state organs and armed forces, all political parties and social organizations, all enterprises and organizations must take the Constitution as the basic criteria. and the duty to uphold the dignity of the Constitution, the responsibility to ensure implementation of the Constitution. " It should be said. as the embodiment of the spirit of the constitution of modern constitutional government, not just a requirement of the Organic Law of the State institutions.

Nor is it simply provides the legal protection of constitutional rights of citizens. It is the fundamental law of a country, it is based on the people's sovereignty doctrine, emphasizing the law has authority over any state have the authority of state power. The Constitution can guarantee first "method rule ", or" the rule of law "authority is limited. the authority of the law can not be involved in place. the rule of man still has to survive. So, we wither in the strong" rule of law "when. here's the" law "should first be the Constitution. Otherwise, the rule of law out of the question. "socialist country ruled by law" must be free from the rule of man affected the supreme authority of the Constitution based on "constitutional state." So. must unequivocally be "According to the Constitution and building a socialist constitutional state "as" the rule of law and building a socialist country ruled by law, "the core content. only pushed to the history of the Constitution of the front, given its high social status, the Constitution established a set of social systems will become the people's behavior in practice The basic criteria. At the same time, only strengthened the authority of the constitution, laws and regulations have the authority to get the necessary respect. so to all the people and establish a view that respect for the Constitution, is to respect the laws and regulations, to belittle the Constitution authority is also to reduce the laws and regulations of the authority.

market economy, by its very nature, that is, economic rights, rule of law and economy. It is against the supremacy and the rule of man, advocating the supremacy of law, constitutional supremacy and rule of law. Because it depends mainly on the principal of equality, autonomy of the adjustment of legal norms, which establish requirements instinctively the authority of the Constitution and laws, the implementation of constitutional government.

After 20 years of economic reform, the present development of China's market economy has entered a stage: on the one hand, economic reforms had different interests, values and requirements are different, which requires coordination and running of the mechanism will definitely lead to political pluralism, democratization, which is bound with the relevant constitutional, on the other hand, the result of economic reforms is the emergence of private property, the property need protection, while private entrepreneurs and the rise of the middle class, so that society will and more complex, the simple past has been insufficient to deal with national institutions.

Therefore, when the new economic approach to this stage of development, the need for the government and market economy, must rely on the constitutional establishment of "limited government." That the functions of government must be limited, the Government's conduct must be the rule of law, the government power must be decentralized to self-governance-based, open government information must be institutionalized, the government's legitimacy is based on the election, or is based on the law. Only such a government, to ensure that China characteristics of the full development of the socialist market economy. This is the constitutional are growing in recent years, the most fundamental reason. reform and opening up so we see the Western market economy brought many advantages, while supporting the Western market economy, political system is constitutional, this is the consensus of economists and jurists, but also a practice of repeatedly proved to be the theory. We can say that after 20 years of reform and opening up, with the establishment of market economic system, especially after the WTO accession with to economic globalization and the rule of law and gradually the world of some of the rules for constitutional construction, the rule of law provides the most powerful, most solid social foundation.


Second, the realization of constitutional democracy with Chinese characteristics, a realistic approach to the system
Constitutional government is a revolutionary ideology, which is based on a profound sense of the popularity of the constitutional referendum and improved. Because the implementation of constitutional government involves not only political leaders, the ruling party, it is also a cause of the whole nation. Proved that to achieve both a constitutional referendum in the political process, is also a legal process of cultural reconstruction, democracy, rule of law, constitutional way of life will become a part of more and more people to become leaders and citizens in general social behavior and social expectations components. to achieve constitutional government, after all, is to establish the legal process of faith and belief in the Constitution. Links to Research Papers Download http://www.hi138.com 19-century French political scientist Alexis de Tocqueville in the study the U.S. political system pointed out that the United States there are three factors for success: "The first is God and the occasional American special status. The second is their law. The third is their habits and customs." elements in these three . "The most viable is the third element - the spirit of the people, feelings, beliefs, that is, people's hearts and minds and habits."
American scientist Bernard Schwartz Contemporary Zhuming law also pointed out: "Our law, for its effectiveness, depending on the majority of the people of their basic living conditions of acceptance. Law to implement the decision power is not formal legal institutions but rather the people to accept. "
Under the conditions of capitalism like this, and in the people as the main emphasis on the country that all power belongs to the people of the socialist countries, but should be so. In fact, there is no people's participation in any political reforms or the establishment and implementation ���� �ƶ�are all empty talk. For this reason, people have a sense of how the constitutional, the constitutional decision is often the key to success.

China is among the changes. But for two thousand years of authoritarian rule without constitutional imperial ideology resources and spiritual resources of the people, the history of the formation of the imperial worship and mental habits die hard I itself, until now, access to the people of ancient and modern constitutional state and the state relations should be based on mutual loyalty and mutual protection of the formation based on the concept of no avail. to really go to the healthy development of national implementation of constitutional government, although should not be completely abandoned traditional Chinese culture, but certainly require the transformation of culture, its core is the obligation to obey the standard transformation for the right standard, vigorously carry forward the culture of rights. the one hand, to protect civil rights, on the other is to restrict the public power, in the whole society really establish " All power is limited, in principle, is unlimited rights (except for special restrictions), "a new concept of modern constitutionalism.

"Shi-Liou" In the future, China put forward the "political civilization" new ideas that China started now ready to accept the universality of the international community governance model because civilization is universal. President Hu Jintao as the country's top leaders the first time, "constitutional review" and emphasized that a sound constitutional supervision mechanisms, and promptly correct all violations of the Constitution of the act, should the institutional framework of governance incorporated. So, in reality, institutional framework, judicial review should be done immediately and can be done immediately The.

On a global scale, the constitutional state of the Constitutional Review a variety of modes, some of the Constitutional Court to establish specialized, and some directly by the ordinary courts under the jurisdiction of choice for China's national conditions and what kind of model? This should be taken into account various factors. I believe that under the framework of the existing system, we should adopt the NPC Standing Committee to establish a parallel institution to the constitutional supervision, it is only responsible to the people's congress, which is to oversee all the daily work of the legislature, the core is to look at the constitutionality of laws and regulations, the appropriateness of the behavior of state power, human rights, whether they are adequate safeguards. This is because of the relatively low level of the rule of law, constitutional short history has not accumulated enough experience to make competent court this important function, the same time, often involving judicial review the abstract behavior of the state administrative organs, the Court of the influence of such administrative action is weak, difficult to reflect the mandatory law, the establishment of a special constitutional body can concentrate on typical problems. An effective referee.

Second, through a series of institutional arrangements and the creation of a possible social environment has been enshrined in the Constitution and laws of those basic values, principles, and gradually realized. The one hand, effective protection of the rights and freedoms of citizens, any constitutional provisions to full implementation of the Constitution does not and should all be clear. constitutional protection of private property, many scholars have put forward when the constitutional amendment. Stressed the need to explicitly in the Constitution the right to personal freedom and public space boundaries. States can not easily to the will of the people or the will of their own deprivation, confiscation, expropriation of private property, and all should be included in rule of law, otherwise the society will be a sense of instability, resulting in an outflow of assets, in turn, affect economic development. On the other hand, it should be change the text of the current constitution there is not very standardized legal language of the Constitution lay the foundation of justice. For example, the Constitution stipulates: "The state practices strict economy and combats waste." This came out with the ideology expressed in terms of language, weaken the the authority of the Constitution as fundamental law. Therefore, we can under the existing political system, the establishment of a constitutional committee. Back in content and language of expression on the redesign of the Constitution. At the same time. Further strengthen the judicial reform. In terms of judicial independence, take a substantial step change in the control of judicial power by local conditions, can be proud that the first moment of judges, lawyers and prosecutors in the professional, the strength of the formation of professional help to start constitutional.

Finally, the Constitutional era must bind the government is not omnipotent, not bound by it there is no constitutional basis. China should move towards a market economy step by step forward after the Constitutional Government. Strengthening the civil law system improve and strengthen the construction of administrative law, limiting public power to protect civil rights. The one hand, the rule of law in the party and government cadres in the concept of further change, according to the modern concept of democracy and rule of law to the country, the right to rule, government officials, the party, not just according to law and rule the people. Further reform of Comrade Deng Xiaoping has long been criticized by the phenomenon of concentration of power, adjusting the old and does not meet modern economic development and political democratization of the power structure, proper decentralization and strengthening the supervision and restriction of power, the implementation of separation of party and government, according to law and judicial independence. On the other hand. Loudly proposes the implementation of the "expand the orderly participation in political affairs," and "protect the people carry out democratic election, democratic decision-making, democratic management and democratic supervision", the effective monitoring of government power.

Comrade Deng Xiaoping said: "The only engage in economic reform. Not to engage in political reform, economic reform is also engaged in unreasonable, because first of all the obstacles they meet. ... ... From this perspective, all of our reforms ultimately not succeed. Or decided to reform the political system. Shiliu Da "20-year plan is constitutional and political reform in the critical period, the market economy has come this far, will definitely come of political democracy, political reform is bound to accelerate. This hundred years constitutional movement in China remain unchanged from the last century the pursuit of constitutionalism has never stopped, now we are talking about changing the constitution, not simply treat it as a tool to change the country backward, but should be seen as the constitutional The only way to achieve political justice is to protect individual rights and freedoms of citizens the only way. Therefore, a constitutional democracy with Chinese characteristics is only when the system is established to ask questions. reposted elsewhere in the Research Papers Download http://www. hi138.com