Community self-government and constitutional change

Keywords: Associations / constitutional change / fundamental rights / power constraints

Summary: the late 20th century, the world organization's emergence within the community led to constitutional change. In their basic constitutional rights system, the community becomes a new fundamental right of autonomy, the collective rights of society the enjoyment of both the main body is the protection of fundamental rights of community members subject. In terms of constitutional Democracy, the rise of democratic societies broke through the framework of representative Democracy, resulting in administrative Democracy, social Democracy, deliberative Democracy in the new form of democracy. constrained in the power system, a single national-level decentralization of public power into a state power balance between state power and public power organizations, and associations of public authority between the multiple checks and balances within the mechanism.



Constitutional change is a characterization of constitutional norms and social realities of conflict and co-ordination between the theoretical concepts, which means the Constitution and its provisions without modification to change the meaning of the Constitution of the phenomenon occurred .20 subtle half century, is considered to be humanity's greatest social innovation of the century The "society revolution" swept the world, various community organizations have sprung up. [1] (P257) China's reform and opening up, as the government gradually withdrew from the overall control of the community, Civil society has become more active in association activities, the number of community organizations increase, its role of public governance are also increasingly significant. [2] (P71) Although our total current society, scale, participation in public governance and the scope and extent there is a big gap between the West remain, but Woguo Rise of the development of community organizations growing trend, indeed by the world, "association revolution", driven by and impact. From the formal point of view, the rise of the world community did not lead to structural changes in the Constitution, States only through a series of ordinary legislation to regulate the community organizations. However, this "society revolution" is to promote changes in the Constitution? What are the changes in the content? This article attempts to expand this Research to the academic in-depth discussion of causes, thus promoting legislation to gradually improve our community perfect.

First, the fundamental rights of community autonomy and constitutional changes in the modern system of basic constitutional rights including freedom of the two types of rights and social rights, liberty does not require the State to negative as a way to achieve, and the realization of social rights requires States to fulfill a positive benefit obligations, but both liberty or social rights, they are to regulate and control the relationship between individual citizens and the state shaped the right type. Therefore, the subject of rights fundamental rights and guarantees is to determine the same general subject, namely, the basic rights the enjoyment of the subject is Civil, the subject is national security. However, with the flourishing community organizations, the traditional system of basic constitutional rights is undergoing structural changes.

(A) was in and the potential: the basic right to exist as dual forms of community organizations to promote balanced social development has important functions, so the majority of countries have developed the world's security community self-government Laws, such as Russia, enacted in 1996 <"Social Joint Organization Law "> provides that, except as otherwise provided in federal Law to prohibit the state power organs and public officials interfere with the activities of social organizations. Meanwhile, the Act also provides for the joint organization of society to enjoy the free flow of information, organizing rallies, marches , demonstration, organized the news media and publishing activities in the implementation of numerous rights such as to require the State to ensure co-organized Scrupulously Abiding by Social rights and legitimate interests of the joint organization of activities to support community. [3] (P199), enacted in 1998 in China <<Registration of Social Organizations Regulations>> also provides for protection of social groups in accordance with national Laws, regulations and articles of association activities, any organization or individual may illegally interfere. legislations from countries of the world community, community self-management, self service, self-development of autonomy is generally recognized.

Community autonomy is the rise of the world community to respond to the reality of the rights recognized by ordinary legislation, but whether it is an independent basic constitutional rights? Through the following analysis, the answer should be yes.

First, the associations have autonomy as a "fundamental right is not enumerated," the substantive requirements. Modern system of the basic rights of the Constitution presents a more open structure. For example, the constitutional "right of presumption" and "broad plus lists" of the rights specified model , that is, the development of a new fundamental right reserved space. Therefore, if the Constitution expressly provides for the standard list of fundamental rights can be divided into constitutional rights and constitutional rights are not enumerated. According to the analysis of scholars in Taiwan, as a constitutional fundamental rights not enumerated must have three elements: First, from the right in essence, to be with the people's sovereignty, closely related to the protection of human dignity, and second, in terms of support requirements from the right, should be universal, the three words from the constitutional point of view, if I guarantee, would be contrary to a free and democratic constitutional order and values. [4] (P65) and the community in full compliance with the above-mentioned elements of autonomy. First, community self-government is a constitutional principle of popular sovereignty in action. the so-called "popular sovereignty", simple to that is to the people of their own affairs themselves. Of course, this is mainly directed against people as a whole, and the people in the community is part of the joint, so the community self-government in the internal affairs of their communities in full compliance with the spirit and concept of popular sovereignty. Second, community autonomy and personal dignity of citizens is closely related. "people in groups, feather flock together" and people born with "groups" of the property, and "social life" is bound to exclude from outside interference and coercion, will naturally be asked "collective self-governing." Therefore, as a human community "group" one of the organizational form is the human "groups" to meet the important nature protection. Third, the association the right to self-government with universal appeal. Ministry of Civil Affairs statistics show that as the number of social organizations in China in 2008 was 229,681, while in the system, there are a large number of unregistered, semi-open, a temporary community organizations. can be expected, with further advance the cause of reform, China will be a significant increase in the number of societies. But for now, government intervention in the internal management of community affairs, the situation is more common in societies the "official" color is also more obvious. [5] (P46) in this context, the recognition autonomy and security of societies, the society gradually developed into a true Civil society organizations to demand a universal right. Fourth, the society promoted to basic constitutional rights of autonomy, is the inherent requirement of the socialist constitution. "social" is The basic characteristics of the socialist constitution. Marx believed that the state is the product of particular historical period, is a tool of class rule is "independent of social confrontation on top of society" and "supernatural freak". [6] (P18) of human vision for the future is to create a free State, the social self-organization, self-management of society, to achieve "the free development of each person." In this sense, socialism and nationalism is a concept that corresponds to the state also rights in society, social high degree of autonomy is the proper meaning of socialism. Therefore, to establish and protect the basic rights of association autonomy is precisely an important symbol of the socialist constitution.

Secondly, community autonomy can not be covered by the existing fundamental rights and absorption, which has become a need for an independent fundamental right. Autonomy has the closest relationship with the community's basic rights is the right of association can be said that autonomy is a community the inevitable result of the right of association and rational extension. but we can not identify associations the right to autonomy is a power of association rather than independence. Although the two closely related, but the difference is obvious. first to the right content words, community autonomy in their internal affairs stressed Shetuan self-management, self service, self-development of the autonomy of energy, the right of association is a civic organization or authors from countries involved in the establishment of societies and right to intervene to force the second, on the subject of rights , although the right of association is a collective exercise of the rights of citizens, but the right of association is still the subject of rights of individual citizens with an independent personality, and the right to autonomy is based on the main form of collective organization, the third to the nature of rights terms of negative sexual rights is the right of association, which is compulsory and free from state intervention in the freedom, autonomy in addition to negative rights community property, but also with civic self-management of public affairs factors positive freedom, fourth, Private organizations also has the right to autonomy and the dual attributes of public power. in the community and national level, the community is a private right of autonomy in its internal members of the community relations, community autonomy is a social and public authority, The right of association is not a property of any public authority. Thus, community autonomy with the right of association does not cover the rights and absorb the content, nature and subject of rights in terms of rights have substantive differences between the two. Therefore, community autonomy is not the right of association, a power, and should be regarded as an independent fundamental right.

Again, society has a fundamental right of autonomy is feasible. May be actionable whether it is a right to determine the fundamental rights can become one of the main criteria. If the social rights can be actionable because of their basic rights as a source of still there is a dispute, then, autonomy is the content of the certainty of their rights, the right to judicial protection and have no legal obstacles to the operational level, which is fully equipped with basic rights as feasible. It should be noted that with, since the autonomous communities fundamental constitutional right to have elevated to a sufficient reason Quan Li, and Ge Guo Wei He only Guiding the Constitution and the right of association but does not require Shetuan autonomy Ne? To answer this question, must look back the history of western constitutional development process. the right of association in the 19th century been established as the fundamental rights of the Constitution, [7] At the time, only a small number of communities, small scale and its function is single, mainly as a protective barrier of personal interests, does not have broad participation in public governance functions. Therefore, 19 century legislators difficult to foresee the future development trend of society, it was not possible nor necessary to establish communities of autonomy in the Constitution. In contrast, after the establishment of new China, although the Constitution has developed a four, but do not have the autonomous communities the basis of social reality, the framers also a lack of subjective intention to promote community self-government, therefore, our Constitution only the right to freedom of association provisions of the Constitution and no association of autonomy. But in today's perspective, community autonomy has been accompanied by a growing number of communities arising from a new right in line with the basic characteristics of the basic constitutional rights, be regarded as a fundamental right and be fully protected is imperative.


(B) individual and collective: the basic right to enjoy the dual subject of modern fundamental rights established by the Constitution is generally the main body of individuals, but not the collective organization. The concept of the so-called collective rights, are generally considered "out of the constitution of a country areas are more issues on the international human rights Law. "[8] (P151) in national constitutions or constitutional law in the Code on the fundamental rights provisions are commonly referred to as" citizens "fundamental rights or" human "rights . While the universally recognized right of the status of legal persons, but did not fundamentally change the personal characteristics of subjects of human rights, but the scope of the subject of human rights to life and is characterized by the right to extend the main features of character as the subject of rights. [9] (P56)
But the basic rights of association Zhuti Xingqi while filling out the rights of the individual subject and present the collective rights of Zhuti dualistic co-existence of the situation. "Based on the international stress on 'collective rights', so-called 'third generation of human rights' Zhi trends, not exposure to domestic constitutional world, it should be constructed 'collective rights' protection system and practice the theory of mechanism. "[4] (P306) in the international human rights law, the state, the nation is regarded as collective subjects of rights. In the domestic law level, should belong to the collective rights of society One of the main body. Shetuan material by common interests or spiritual interests of the members of the voluntary form of non-profit social community, such as Industry associations and other Industry organizations, bar associations and other professional organizations, such as organization Association. Shetuan Unlike the main body as the basic rights of citizens or for-profit legal organization. But the organizational structure, nature and the organization of morphological study, community and country, the nation does have similarities, both with members, non-profit, the characteristics of collective . In a sense, community is concentrated state, the state is an expansion of the community. So, as the state, the nation as an international human rights law as a collective subject of rights, community domestic human rights law as a collective subject of rights is can be established.

The realization of basic rights the Constitution can not do without the protection of an independent judiciary, fundamental rights of society as a collective society subject necessarily involves issues of fundamental rights of judicial relief. With a growing number of communities, societies gradually plaintiff qualifications recognized around the world. Such as the U.S. After 70 years in the 20th century, "the court recognized the protection of natural resources, scenery, historical relics with the plaintiff qualified citizen groups, conservation organizations recognize the right to request a review of the national highway construction, public welfare associations recognized class action may be brought in to represent all with life, health, the right to enjoy the natural resources of people opposed to nuclear explosions suggested that Civil society recognizes the right to request review of the Model Urban planning, local resource conservation organizations recognize the right to request a review of mining and logging in national forests act. "[10] (P437-438) shows that the community recognized the status of the plaintiff, is the subject of the collective rights of society as an inevitable extension and strong evidence.


(C) of the State and society: Protection of Fundamental Rights of the dual principal subject of rights is both a community and enjoy the basic rights of the collective, but it also is a subject of power, the exercise of public power within a certain range, such as Industry organizations have the right under statutes and rules and agreement on the implementation and management of internal affairs, or even the spirit of its members to honor terms of money or punishment. In other words, society has a dual nature as to the relationship between society and the State, it is the "private body "to community relations between its members, the society is a society of" public authority body. "As the national authority has the tendency of violations of individual rights as enjoyed by communities of social abuse of public power, the possibility also exists. If you do not effect the basic rights extended to community members, organizations will inevitably degenerate into destructive force to suppress individual freedom. "In modern society, in addition to groups outside the country other than its members or even members of the force than the national constraints and more oppressive. "[11] (P70) as the need to control state power, as social organizations also need to control public power. In order to protect community rights and interests of members, obligations and protection of basic rights is inevitable in the community choice. Of course, the community, after all, not a country, its basic obligation is limited to protecting the rights of freedom, social rights are basic rights of association that falls out of the scope of safeguards obligations.

Members of community organizations in order to protect the rights or interests of the relevant public authority not violation of community, acts of public power association is essential for judicial review of the system link. First of all, its members in the community and stakeholder relations, community is a public power organization, it should be recognized that society has a public law proceedings the accused persons, whose proceedings shall apply rules of public law litigation. Second, judicial review should be reasonably delineated the boundaries of community self-government. The court shall have the right to review the exercise of public power community organizations based on the statute and whether the statute violated the constitution and laws, the right to review the exercise of public power community organizations compliance with due process of law. But the power of judicial review on public associations, should be related to fundamental rights and freedoms and due process is limited to matters For other matters within societies is not included in the scope of judicial review. It should be noted that the effect of the basic constitutional rights and in the community, and judicial review of its internal self-government, not just in theory, a simple thesis, but also in judicial practice in many countries. "In the last 30 years, the court did a lot of work to protect the individual members of the groups themselves against unfair practices against him. The court condemned the undue constraints on professional conduct rules, and that they were invalid The. The court has overturned many of the Industry tribunal decision unfair, unjust decisions made when the Commission when they intervened. "[12] (P166)
Second, community autonomy and constitutional changes in a democratic system of modern democracy is a basic system established by the constitution. From the ideal form of speaking, since all power belongs to the people, then democracy should be to the idealized form of direct democracy, that is, from the common citizens of all decisions in public affairs. However, the modern countries, especially vast territory, large and populous country, to implement direct democracy with operational difficulties. And, the modern liberal theories of direct democracy and more adopted a critical attitude that the direct democracy of ancient human freedom, "will become intolerable tyranny" (Constant) [13] (P46), direct democracy, "could easily fall into its opposite to - mandatory or not free" (Berlin), [ 14] (P12) is a direct democracy to "Road to Serfdom" (Hayek). In such a consensus understanding, the representative democracy established in modern democratic constitutions in general pattern, that is elected by the citizens on a regular basis and treatment decisions on behalf of citizens instead of state officials. and the rise of society, then promote the further meaning of democracy beyond the framework of representative democracy, representative democracy there, the Chief of democracy, social democracy, deliberative democracy phenomenon of the coexistence of multiple democracy.


(A) The Chief of modern democracy, the democratic constitution established mainly in the elections and the legislative level, the Chief does not belong to the field of democracy, Administration means that the government only through the democratic process will be the implementation of the laws. In "Yejing state" period, the Chief the right to strictly abide by this principle, there is no direct contact Administration and democracy. into the welfare state phase, an expanded executive power to address the lack of legitimacy of the problem, the system is widely used administrative hearing, administrative fields began to democratization. the rise of community and the implementation of administrative cooperation to further deepen the degree of democratization administrative. Cooperation Administration of the 20th century, the West 80 years to resolve "government failure" and the public Administration reform is one important measure. The general mode of operation is: Government by Contract will provide the public goods functions entrusted to Shetuan and other social organizations to complete, associations and other social organizations of public services according to the contract type, quantity and quality to fulfill obligations, the Government is responsible to supervise the fulfillment of the contract. At present, co-Administration in Many countries have become very common phenomenon. "progressive government looks to implement his through all the features of the contract." [15] (154) by the government monopoly in many areas of public service almost by social organizations to provide, such as the environment protection, public facilities maintenance, fire and ambulance services, policy advice and policy design, public demonstration projects and planning, policy effectiveness assessment, even traditionally exclusive government authority, such as prison management. [16] (P552)
Co-administration to break the traditional exercise of executive power by the state monopoly model, community and other social organizations have also become the main body of the exercise of executive power, this administration has changed the traditional relationship between government and society, more reflect the implications of democratization. First, cooperation Community and Government administration so in a "relatively equal" status, may mutual rights and obligations of consultation, negotiation, civil status as masters of the country to reflect the value of dignity. Second, the co-administration means that the social organization of a wide range of public affairs in Naizhizhijie Shishi, breaking the traditional administrative tasks by the state monopoly Hangzhengjiguan, truly embodies the "people's things by the people to call the shots," the democratic content. Again, this form of democracy Butong Yu reflected in legislation and in the electoral field representative democracy, which is embodied in the administrative process, which can be called administrative democracy. Chief democracy and representative nature of democracy is different: an indirect democracy, representative democracy is that, in recognition of the principle of popular sovereignty, under the premise that citizens by electing representatives of the rule. Chief of democracy is participatory democracy is manifested by a citizen or community and other society organizations participate in administrative decision-making and implementation process to claim and realize their rights, reflects its status as a national master.


(B) Social democracy, a community is a community of self-governance. In a society free entry and exit among citizens through voluntary participation, voluntary participation in community governance objectives to complete. They can participate directly in the way or ways to elected representatives decided to self-government bodies in public affairs. societies around the world in general this legislation are clearly defined. [17] Whether or indirect democracy with direct democracy, embodied in the democratic society in the form of internal governance is different from the traditional representative democracy Unlike the emerging administrative democracy. Although representative democracy, there are substantial differences between the Democratic administration, but both belong to the state-level form of democracy. society's democratic form of internal governance is the social dimension of democracy, may be called social democracy . representative democracy, the Chief of democracy and the enjoyment and exercise of state power is directly related to the community of democratic self-government organizations only involve self-management of social issues, and state power problems not directly related.


(C) negotiation of modern democracy, representative democracy established by the Constitution is essentially an elitist form of democracy, the political elite to the people in the successful fight for votes after they obtained the right to decide on public affairs. Democracy for ordinary citizens, more means that once a vote a few years. With the rise of community to community as the main impact of civil society and even the decision to become an important force in public affairs. Public Affairs, the decision ultimately become representative of civil society and state organs, administrative decision-making body the result of positive interaction. community with its strong influence and will reflect the voice of civil society, the national representative bodies, the legislative and executive decision-making bodies to influence decision-making. As Habermas said, the world over the past few decades proposed a series of major public service legislation and policy decisions, such as Heneng crisis, ecological crisis, Third World poverty, feminist issues, immigration issues, racial issues, no one is the first proposed national representative institutions and decision-making On the contrary, are often advocated by the community and through a series of social movements to create a strong momentum for the formation of state power system after the siege of the situation, before entering the national level the public agenda, and ultimately into legislation and decision-making. [18] (P470-471) This is Habermas's form of democracy known as deliberative democracy, though closely related with the representative democracy, but representative democracy and there are significant differences. First of all, deliberative democracy include participation of civil society to discuss, discuss words democracy, elements of direct democracy. Second, the Constitution expressly established representative democracy is the basis for deliberative democracy, deliberative democracy can not be divorced from the true representative democracy exists in the development and implementation. totalitarian or authoritarian regime, there will still be the highest national legislation and policy decisions top-down authority collecting public opinion or social demands of different interest groups, reflect the bottom-up phenomenon, but the lack of foundation of representative democracy at best can only be called collect public opinion, public opinion assessment, expression of public opinion, etc., but can not be called in consultation democracy. In deliberative democracy, the civil society representatives in the consultation and its political influence of public opinion is only a potential, it can affect the formation of representative institutions will process, but final legislation and decision-making authority to be completed by the state representative . Thus, deliberative democracy is based on indirect democracy but democracy and direct democracy fusion indirectly in one of the new democracy.

Third, community autonomy and constitutional authority to restrict the system constraints or changes in the power of modern separation of powers is a fundamental principle of the Constitution and the basic system. As early as 1789 French <"Human Rights Declaration>> in to that: not all decentralization established where there is no constitution at all. It is based on this logic, the modern Western state constitution basically established the legislative, executive and judicial separation of powers checks and balances between the system model. Of course, given the history of western system of separation of powers conditions, the product can not be fully applicable to all countries, but the state division of public power and constraints within it is a general consensus around the world.

With the development of state functions change, legislation, law enforcement, judicial relations between the three powers of subtle changes taking place. In "Yejing national" period, dominated the legislative power was that people Jiang countries during this period called "legislative state." began with the great expansion of executive power, "the Legislative State" has gradually been "administrative state" instead. whether it is "legislative state" or "administrative state", the separation of powers established by the Constitution checks and balances are run at the national level, however, since the mid-20th century, the rise of the world community, then completely broke the original mode of separation of powers, checks and balances no longer simply the performance of the power division of the state public power structure, community organizations have gradually become an important part of the separation of powers.

Links to Research Papers Download http://www.hi138.com (a) of the Societies of public power and authority of the State separation of powers between the national associations of public power and public power widespread separation of powers between the legislative, administrative, judicial and other fields.

First, associations of public power and authority of the State of the separation of powers in the legislative field. In the legislative sphere, the legislature authorized local governments tend to set and implement specific criteria regulations. Some Industry associations also formulate its own series of guild regulations and compete with the laws the government, and even has effectively replaced the national legislation. [16] (P654) by the government-led legislation also changed the traditional model, to maximize the community's role in the legislation. the U.S. Congress in 1990 issued <<consultations to enact administrative rules Law "> called the field of community participation in the legislative model for the separation of powers. The law stipulates that both the consultative process launched by the executive, can also be relative to apply to start. administrative bodies such as the decision to start negotiations program, which established the Consultative Committee, the composition of the Consultative Committee on the formulation of general rules and regulations, including the appropriate authority, the corresponding rules and regulations of the adjustment, regulation of business, trade unions, trade associations, public organizations, state and local government representatives, the Committee convener can be administrative organs, and the corresponding rules can also be no special interest in the third person. consultative formulation of rules to the composition of elements and the Consultative Committee shall be American "" Federal Register>> published for public participation. participate in the consultation process to develop regulations regulations if the parties can not dispute the content and point of final agreement, still to restore traditional rulemaking procedures, rules and regulations if the parties ultimately to the content and issues agreed to form a formal draft regulations, after notice of review procedures released into effect. community and government checks and balances in the legislative field of legislation in the negotiations has been the most fully embodied. In China, similar to the U.S. legislation and regulations developed in consultation has not yet appeared, however, the legislature authorized to regulate self-government and community organizations to develop themselves establish rules about the phenomenon is more common.

Second, associations of public power and state power in the executive separation of powers. In terms of implementation and enforcement of the law, an independent nonprofit, professional society organizations also play an important role. Through public service contracts, such as health care organizations to provide , home care, garbage removal, road maintenance and other aspects of public goods, and even perform traditionally exclusive government functions, such as prison management. In the U.S., in fact, we can think of is traditionally considered to be the Government's public functions, including taxes, fire protection, welfare provision, education, police, etc., there is no one area where society does not get involved. [15] (P543) community participation in implementation and enforcement of the law embodies the community and government in the administrative area of ​​decentralization, while constitute the executive power of government checks and balances. In recent years, some economically developed regions in the industrial management of local government, welfare provision, information statistics, the implementation of environmental protection and other fields of civil government functions, organizations involved in the exercise of executive power has been increasingly active. But Overall, our communities and government checks and balances in the administrative area is still in its infancy. However, the return of government power to the community is the future trend of development, as China's reform of government functions and the growing communities, associations and government administrative areas of separation of powers will be increasingly common.

Third, associations of public power and authority of the State checks and balances in the judicial field. Around the world in the 20th century and gradually developed a variety of alternative dispute resolution (ADR), the society is the main host one of the main dispute resolution. [19] (P222-257) "In the U.S., the rapid development of the late 60 ADR many non-profit organizations, such as the American Arbitration Association, has 35 offices across the country, handling about 60,000 per year dispute. more more than 80 years after it is established, small and medium and by industry or geographical region of the ADR, its various forms, too numerous to mention. "[19] (P233) to resolve disputes among communities formed between them and the State In the field of judicial checks and balances between the division of labor. court goes without saying that the checks and balances community dispute resolution, dispute resolution community can not completely replace the trial court, on the contrary, the court requested the parties have the right to mediation or arbitration organizations agreed to review supervision. society of checks and balances of the court was mainly to provide multiple options for clients through the opportunities and the competitive nature of dispute resolution to achieve.


(B) the power of community within the constraints of public authority has the power to all the people who are vulnerable to abuse of power, this is a difficult experience eternal. [20] (P154) at the national level, in order to prevent violations of fundamental rights of citizens, the design of power discrete form of government checks and balances. In society, in order to prevent the association of public power organizations in violation of the community members or the rights of stakeholders, also need checks and balances mechanisms established within the community. We see that most countries in the legislation mandatory requirement for all members of the community must have the General Assembly (or members of Congress), the Council, the board of supervisors (or supervisors) and other organizations, and provides for the relationship of checks and balances between the three structures. community organizations within the three setting and operation mode settings and with national institutions are very similar mode of operation. In this sense, a community is a tiny country, which is an expansion of a country club. China has not yet developed a unified community Law Societies of public authority to regulate the setting and operation mechanism, but some provinces and cities is basically the industry with the international community, and generally dictate the General Assembly (or Congress), the Council, the board of supervisors (or supervisors) III kinds of separation of powers model agency.

Thus, the rise in society and widely enjoyed and a large number of the exercise of public authority under the premise of restricting the powers of the Constitution if the understanding of the principles still remain in the separation of powers within state power, is clearly outdated. On the contrary, it should be on decentralization explain the expansion of checks and balances do in response to the development needs of social reality, society and the national authority of public power and community among the public authority within the constitutional separation of powers should also be included in the framework of the principles of power constraints.


IV, Conclusion: The Constitution should be taken seriously sum up community issues, community caused by the rise of the constitutional change is enormous. Around the world although not a structural change in the constitution, but the system of basic constitutional rights, democracy, separation of powers meaning the system has undergone substantial changes. If the constitution is the traditional nationalism, and its main concern is the ownership of state power, configuration, and control problems, the rise of the constitutional community is a strong "social" tendencies , the Constitution's basic rights, democracy, separation of powers and other institutional framework has been extended to the society from the state, community has become an important constitutional body.

However, the rise of society meaning of the Constitution of the show, does not seem to get the attention of constitutional scholars. Compared to the administrative law, economic law and other areas of public law, constitutional issues for the Research community has lagged far behind. China's current constitution School is still in the civil rights and state power on the basis of the basic areas of discussion, as the basic rights and social and public authority of the main body of the society has not become a major Research project of Constitution. Changchun Yatai in recent years by the Chinese Football Association, etc. v. Case studies have raised the issue of societies became a hot legal Research, but rarely hear the voice of constitutional scholars. there are two main reasons for this situation: First, a simple problem as a society the right of association, community autonomy and many other practical and theoretical issues which are obscured. Second, the constitutional state power is still on China's terms of an unfinished business, how to promote the realization of constitutional government in China is still the core issue of our Constitution, so self-government and community organizations The constitutional context in the West the problem with the post-modern color vision Researchers is difficult to enter into the constitution. but we can not deny that China's current legislation is the most backward societies, community autonomy and community protection system for the control of the content of public power mostly blank. Therefore, the constitutional problem of the academic research community should be strengthened, trying to citizens, communities, the state based on the ternary structure of relations continue to improve our system of constitutional theory, autonomy and the protection of society and community control of public power make a theoretical description and system design.




Notes:
[1] [U.S.] Sala Meng. The rise of the nonprofit sector [A]. Any increase in Department. Civil society and third sector [C]. Beijing: Social Sciences Academic Press, 2000.


[2] OBSTETRICS. China Association Revolution - outlines the Chinese association of panoramic images [J]. Zhejiang Journal, 2004, (6).


[3] Jin Jinping, Ge Yunsong. Department of Foreign Non-Profit Organization Law Translation [M]. Beijing: Beijing University Press, 2006.


[4] Li Zhen Shan. Pluralism, tolerance and human rights protection - to protect the constitutional rights not listed in the center [M]. Yuan Zhao Publishing Company, 2005.


[5] Li Jun. Industry self-government and national monitoring [M]. Beijing: Law Press, 2006.


[6] Guo Daohui. Rule of law and the rule of law [J]. Politics and Law, 1995, (1).


[7] in the 18th century, many countries have legislation limits freedom of association. As July 1799, the British Parliament passed a law prohibiting association, where violators can be punished magistrates, and by 3 months imprisonment. The bill was repealed in 1825.


[8] Zhang Qianfan. Constitution [M]. Beijing: Law Press, 2004.


[9] Xu Xianming. Definition of the main human rights [J]. China Law, 2001, (2).


[10] [U.S.] Bernard Schwartz. Administrative Law [M]. HSU Ping-translation. Beijing: Mass Press, 1986.


[11] Li Jun. Judicial intervention of the trade association [J].�й���ѧ,2006,(4)��

��12�ݣ�Ӣ�ݵ���ѫ������ɵ�ѵ���M�ݣ������,��ӹ��,�����룮����:���ɳ�����,1999��

��13�ݣ۷��ݹ�˹�����Ŵ��˵��������ִ��˵����ɣ�M�ݣ��ֿ���,�������룮�Ϻ�:�Ϻ����������,2003��

��14��ʯԪ�����������������������ۣ�M�ݣ��Ϻ�:�Ϻ��������,2000��

��15��Judy Freeman�� The Contracting State��J�ݣ� Florida State University Law Review,vol�� 28,2000��

��16��Judy Freeman:The Private Role in Public Governance��J�ݣ� New York University law Review,volume75,2000��

��17�ݣ۵£ݹ�����˹������ʵ��淶֮�䡪�����ڷ��ɺ��������ι�����̸���ۣ�M�ݣ�ͯ�����룮����:������顤��֪�������,2003��

��18�����ҹ�,�ⷽ��Ĺ涨��Ҫ������һЩ�ط�����ҵ����������.�����ҹ�<<���ھ���������ҵЭ����������>>�涨,��Ա�����߻�Ա����������ҵЭ������Ȩ������,��Ա������һ�ٸ����ϵ���ҵЭ������Ա������,��Ա�����ɻ�Աѡ�ٲ���.ͬʱ,��<<����>>���涨�˻�Ա��ᡢ��Ա�������ְȨ�Լ����л���ij��������.


��19�ݷ��䣮�����Ͼ��׽�������о���M�ݣ�����:�й������ѧ������,2000��

��20�ݣ۷����ϵ�˹㰘�۷��ľ���(�ϲ�)��M�ݣ��������룮����:����ӡ���,1997�� Links to Research Papers Download http://www.hi138.com