Study On Restricting The Powers Of The Constitution In China

Political power is the core issue is the expansionary power of the greatest threat to political order, while the Constitution is to restrict the most fundamental tools of power, therefore, the power system of constitutional constraint is the core of national politics. Constitutional constraints on the power of our study has important theoretical and practical significance. I am in the historical analysis, based on the constraints on the evolution of the power the Constitution and laws were thinking, from the following three parts of the Constitution restricted the power of our in-depth research.The first part describes the theoretical basis for restricting the power the Constitution, is divided into research on power, the power constraints on the research and constraints of the constitution of power in three sessions. I believe that power is a strong political relationship, due to the expansion of power and human nature seeks profit, and power can easily result in infringement of the rights of people, it is necessary for effective constraints on power. As the country's fundamental law, the constitutional power to restrict the proper meaning of the Constitution.The second part traces the beginning of modern constitutionalism in China since the current constitution has been promulgated until the constitutional constraints of the power before the historical process, is divided into the Qing Dynasty, the Republic of China and the Republic of China in three stages, each stage of power from the core elements of constitutional constraints and the law of development starting with selected representatives of each stage of the constitutional significance of the specific constraints of the institutional arrangements of its powers, to study their characteristics and history of failures. Maintenance of the separation of powers and rights from the perspective discussed in the Qing Dynasty imperial power in order to pass the constitutional constraints on the partition and weaken imperial power; Republic of China in order to pass the constitution to prevent the military dictatorship, and the strengthening of legislative constraints on executive power; and China In order to maintain the People's Republic of popular sovereignty through the Constitution, and the strengthening of the legislative declaration of rights of the people.The third part is the focus of the content of this article, the author of the 1982 Constitution, the evolution of the power constraints were analyzed. 1982 Constitution is the Constitution of 1954 established political order and power restriction system recovery, but not entirely a simple copy, but in the summary of the 1954 Constitution on the basis of failure to increase its own characteristics. In addition to national sovereignty of the people remains the nature of the legislative power as the voice of popular sovereignty, under the command of the legislative power of the executive and judicial power of the supervision system of the traditional constraints of power, but also special attention to the government power and social power, government power and political power relationships, the constraints from these two relations of power to explore how best to prevent the alienation of power and the rights of the people.