Thomas·Paine's Constitutional Theory

The second half of the 18 th century,the ou tbreak of the war in North Am erica,the French Revolution also broke out,set off a wave of the world' s democratic revolution.In this wave,Thomas Paine's role and influence ar e enormous,he not only for the dem ocratic revolution to m ake its own c ontribution,but also for the developm ent of the world Constitution has made tremendous contributions.Paine's political and constitutional thinking in the trap of Locke an d Rousseau,but also formed its ow n unique ideas,and Locke and Rousseau's thinking have important development.What is the difference between society and government that he thinks is that the government has a strong research value for the people to construct the constitution and its political a nd legal as pects.However,f or the study of Paine's constitutional thought,the academ ic circles have not paid enough attention.The study is basically confined to Paine' s political thoughts an d his legendary life experiences.Few people think about the significance of Paine's constitutional thought.The author thinks that it is not only a ref lection of the Constitu tion of the United States but also a certa in enlightenment to the development of the Chinese constitution.It is believed that the influence of Paine's constitutional thought on the form ation of modern constitution is a reflection of the constitutional constitution.This paper is divided into five parts,the first part explor es the background of Paine's constitutional thought.This paper analyzes the origin of Paine's growth environm ent and constitutional thought,and explor es the background and background of Paine' s constitutional thought.The second part focuses on the formation process of Paine's democratic constitutional thought and the des ign of de mocratic constitutional practice.B y comparing Paine's elaboration of democratic constitutional monarchy and constitutionalism and the comparison of representative and hereditary system,he sums up Paine' s choice of constitutional democracy and combines some of Paine's constitutional designs and presents the formation of Paine's democratic constitutional thought.The third part analyzes Paine's relationship to constitutionalism and revolution.Paine is strongly advocating the benefits of Am erican independence,and its core lies in the strong expectations of constitutionalism.Constitutionalism is the only purpose of the revolution,and the revolution is the only way of constitutionalism.Paine from a number of aspects that th e necessity of the revolution,but also highlights his unique revolutionary ideas.The fourth part discusses Paine's constitutional value tho ught,analyzes the division of natural rights and civil rights in Paine's constitutional thought,and finds out the unique pursuit of the value of Pan's constitutional thought.The fifth part expounds the influence of Paine's constitutional thought,which describes its influence on the American Revolution and the French Revolution,and reflects the great contribution of this famous revolutionary.At the same time,in this part also summed up the dispute between Paine and Burke,and f urther reflects the difference between constitutional monarchy and democratic republic and the difference between th e conservatism represented by Burke and the radical democracy represented by Paine.