Constitutional Analysis Of "Benign Constitutionality"

A great debate about “the Benign Violation of the Constitution”arose at the end of last century.The debate push the contradiction between constitution characterized by stabilization and hysteresis and social reality characterized by polytrope and advance nature onto a high peak drawing thousands of people’s attention.It has been a long time since the phenomenon existed.Every nation of the word that has constitution cannot avoid this phenomenon which has both bad sides and good sides,and every country has its own policies to deal with this phenomenon.The fourth Plenary Session of the 18 th CPC Central Committee bring new breath to our construction of rule of law,and the main goals of the meeting take new energy into it.If we want to achieve the rule of law,we must behave under the Constitution first.The phenomenons of “the Benign Violation of the Constitution”has close connection with rule of law.In this article,I am trying to analyse these phenomenons with constitution methods,and lay the foundation for the solutions.Although our nation hasn’t disposed the problems of “the Benign Violation of the Constitution”completely,we have already found resolvents to manage it.In the third part of this paper,interpretation of constitution and amendment of constitution both of which have disputes are discussed as two main ways to handle it.These two methods need improved and perfected.That is to say there is a great chance to make interpretation of constitution and amendment of constitution better.All the efforts will finally be good for solving problems of“the Benign Violation of the Constitution”.