The Response From Constitution To State Governance During Transition Period

China has been irreversibly involved into the process of transformation since 1840.But only after the Reform and Opening Up,with the shift of the basic strategy of national governance,the modernization of China's national construction has really started to develop at a rapid pace.Thirty years of reforming,China's political,economic,cultural,and social and other fields are showing a thriving modern face.However,we are still in the era of social transformation,transformation also constitutes the background of China's state governance.In view of the prominent problems in the reform and transformation,the Third Plenary Session of the 18 th CPC Central Committee put forward the goal of comprehensively deepening the reform to realize the modernization of national governance system and governance capacity.This not only means that the reform continues to promoting,but also means that the transformation of China's modernization has come to a qualitative leap in the promotion of the port.Whether the modernization of state governance can come true determine whether China can build a socialist modern country wholely,also determine whether the Chinese people under the leadership of the Communist Party of China can realize the great dream of rejuvenation of the Chinese nation for over a hundred years.This paper aims at the state governance of China in the transitional period,and attempts to study on the current problems of China's state governance from the perspective of constitutional law.Constitution as the core of the law system,as the carrier of the national system of civilization,in the face of the request of national governance modernization,should give full play to its status and role of the fundamental law to promote the modernization of state governance.How to explain and promote the modernization of state governance in the framework of constitutional theory and the current constitutional system is the intellectual contribution that should be made by Chinese constitutional researcher.As an attempt to study state governance as a constitutional proposition,how does state governance constitute a constitutional proposition? What is the current problem of China's state governance? How does Constitution promote modernization of China's state governance? In the process of national governance modernization,what will be the opportunity and challenge of constitutional law? These constitute the basic proposition of this paper attempts to solve.The first part of this article demonstrates how the modernization of state governance constitutes a constitutional problem,and through the review of existing research,points out that the existing achievements and shortcomings of national governance research.And then put forward the research ideas,research methods and possible innovation of my papper.The first chapter is the general part of this article.Its goal is to lay the overall framework and structure of this article.This part begins with the background of social transformation,and points out that state governance includes the two levels tasks,which are the validity of state governance and the legitimacy of state governance.Through the combing and summarizing of experience materials,this paper points out that China's national governance is facing crisis in those two levels.In order to solve the crisis of validity and legitimacy of governance in the transitional country,we need to accomplish three tasks: the modernization of state governance system,the modernization of governance capacity and the modernization of national identity.Therein,the national governance system and governance capacity modernization is mainly aimed at the problem of the effectiveness of the national governance crisis,and the national identity modernization is mainly dealing with the legitimacy of the crisis of national governance.National governance system,national governance capacity and national identity also constitute the basic framework of this paper.In this regard,this article put forwards three different strategies and methods from the perspective of constitutional law,respectively to achieve the modernization of national governance system,the modernization of national governance capacity and modernization of national identity transformation.The second chapter focuses on how to promote the modernization of state governance system from the perspective of constitutional law.How to build an effective government and a government under the rule of law,and to avoid sacrificing the legal framework established by the current constitution for the sake of effective governance,and to seek ways to strengthen the effectiveness of the state governance system in the framework of the existing constitution.At present,the problems that our country's national governance system faced can be found partly from the fact that the governance system which is actually set up and operated does not completely follow the constitutional power and resource allocation structure.Thus,to complete the structure of China's national governance system optimization,we need to return to the current constitution of the governance system established at first.Of course,taking the existing Constitution to regulate the state governance system is only the requirements of the rule of law.In order to enhance the effectiveness of the governance system,this chapter puts forward the concept of “decentralization of constitution”,and tries to activate the vitality of various constitutional subjects by means of the decentralization of the constitution.By decentralization of the constitution,we could enhance the effectiveness of the governance system in three aspects.The first is central-local decentralization;through this to optimize state governance vertical structure.The second is the horizontal decentralization,which is help to optimize the horizontal structure of national governance.The third is social decentralization,to find within the framework of the Constitution to give social organizations a certain degree of autonomy,so as to form a government and social co-governance.The third chapter focuses on how to realize the modernization of state governance capacipy from the perspective of constitutional law.The concept of national governance capacity draws on the connotation of the concept of capacity in Western countries,but it has carried out the necessary scenario transformation.In short,the national governance capacity refers to the government,social organizations,citizens and other governance subjects to achieve national governance modernization goals have the basic quality and operational capacity.Since capacity is the manifestation of human will and strength,it is the subjective and objective conditions that human beings have to achieve a specific goal.In this paper,the content of national governance capacity is divided into the subjective conditions of governance thinking and as an objective condition of governance.According to the difference of the status of the government and the citizens in the state governance structure,the state governance capacity is divided into government capacity and citizenship ability.Thus,I transform the problem of national governance capacity into two sub-problems of government governance capacity and citizenship capability.Among them,the ability of government governance can be further divided into government governance thought and government governance method,citizenship is divided into civic awareness and civic action.Those also constitute the theoretical framework of the capacity of state governance.As to how to improve the ability of government and citizen,this paper put forward the constitution as a kind of thought and methods to solve the problem of modernization of state governance capacipy.The so-called constitutional thought and constitutional method is to use the Constitution to think and solve practical problems.Specifically,the constitutional thought and constitutional method,including the rights thought and rights method,the idea of rule of law and the means of rule of law,democratic thought and democratic method and the system thought and systematic methods of the four basic elements.In the process of national governance,adhere to the four elements of constitutional thought and constitutional methods to enhance governance capacity and improve governance performance.The fourth chapter attempts to solve the problem of national identity crisis.My conception is use the constitution to recast national identity.National governance should not only pay attention to the issue of the effectiveness of state governance,but also should pay attention to the legitimacy of state governance.The modernization of national governance systems and governance capacities is primarily concerned with the question of effectiveness.Although the improvement of governance system and ability can strengthen the legitimacy of state governance,but the modernization of governance system and governance ability can solve only the legitimacy of “governance”,and the legitimacy of “state” has not been included in China state governance modernization.The legitimacy of the “state”,that is national identity,refers to the political community members of a community of imagination and psychological attachment,embodies the individual and the community of internal relations.National identity crisis as a global crisis is troubling countries in the world in varying degrees.In the transitional period,China is also confronted with a certain degree of crisis of identity.The problems of Hong Kong and Taiwan,the western frontier issue,international immigration and ideological issues are justified.This chapter points out that the root cause of the identity crisis is that the elements that support Chinese national identity gradually dissipate during the process of social transformation,and the state does not promptly and effectively put forward alternative identity bonds to reshape national identity.In this regard,we need use the Constitution as a new national identity bond,with the patriotism as a theoretical guide,recast national identity.The specific methods include:(1)ideals shape the identity,which means we can use the common political ideals established in the Constitution – “prosperous,democratic and civilized socialist state”,to reshape the identity;(2)interests shape recognition,that means through human rights protection and democratic system to strengthen the centripetal force;(3)symbolic shape recognition,that is,the constitutional date and constitutional oath system as an opportunity to promote the national symbol of the Constitution,and enhance national identity.