Research On Socialistic Countries Constitution Development

The thesis is in the purpose of expatiating that socialistic constitution shall guarantee the formal equality which is combined with substantive equality.The two respectively lead to economy market and social security system, and finally achieve the establishment of socialistic society which combines individual freedom and collective welfare (main embodiment of social rights), efficiency and fairness. This is the mode of socialist constitution development. Due to the reason that the concept and activities of substantive equality has been existed in socialism, the nowadays main problem turns to be how to introduce formal equality gradually to socialism. In Marx and Engels'late life, they additionally raised the argument that socialism should also reserve the "Bourgeois right", which can be regarded as gestation of the elements of concept that formal equality should also exists in socialist society; Lenin presented "New Economic Policy" in his late life, which to a certain extent is the development of the "Bourgeois right" argument raised by Marx and Engels. It is also can be considered as the germination of ideology that formal equality should also exist in socialist society; Moreover, Deng Xiaoping's "Primary Stage of Socialism" is a great theoretical contribution to the development of Marxism, which indicated that China should not go beyond the stage of development of commodity economy and market economy, and must establish the socialist market economic system which combines socialism and market economy. Socialism pursues substantive equality. Substantive equality reflected in the form of social rights, and achieved by the way of social security. At the same time socialism renew the formal equality through the development of market economy. Formal equality reflected in the form of freedom rights, and achieved by establishment of socialist legal system with constitution as its core. Therefore, the constitution of the socialist countries should combine the substantive equality and form equality to obtain the combination of freedom rights and social rights. Applying interdisciplinary research method, the combination of history and study research method, and case study method, the thesis is specifically exploring following aspects:Firstly,it is about of Marx and Engels's ideology about law. Their idea is the academic source of Socialistic Constitution, but there were some shortcomings and negligence which to some extent affected the occurring of errors and disparity during Constitutional practice in socialist countries.Secondly,it expatiates on the practice and developments of the constitutional ideology of Marx and Engels performed by socialist countries, which aims to show in a more objective and dynamic way, the socialistic constitution and the characteristics, shortcomings, failures and its failure reasons of pursuing Substantive Equality in constitution practice.Thirdly,it reviews the modifying measurements of socialist reform adopted by various countries. Such as the practice of the Soviet Union, the thesis investigated the Economy Reforms and Political Reforms, which mainly according to the Khrushchev and others "State of the Whole People" theory, and Gorbachev's "Democratic Socialism".The thesis makes a study on the effect and limitations produced by economic reforms and political reforms implemented under the two theories to reconstruct the socialistic Formal Equality; furthermore, in order to create socialism with Chinese characteristics, Deng Xiaoping proposed the "Primary Stage of Socialism Theory" and perform reform on polity and other aspects, which is a concrete manifestation of the introduction of Formal Equality.Fourth,it forecasts the trends of contemporary constitutional development-the combination of Freedom Rights and Social Rights. It aims to argue that the trend of Constitution development is to not only develop the market economy, promote individual freedom, but also strengthen social security, achieve social justice, so that harmoniously combine the Freedom Right and the Social Right to establish one optimal political structure.Fifth,it studies the constitutional development model of socialism with Chinese characteristics. It points out that socialism with Chinese characteristics is the successiveness and development of Marxist theory. It successively insist on substantive equality to be a socialist China's pursuit of goals, and it develops the theory on introducing Formal Equality into socialistic system, which mainly be embodied on combining the Market Economy and Social Security which two compartments promote each other mutually and consequently become the two driving force to development and improvement of constitute Socialistic Constitution with Chinese characteristics.Viewed from above-mentioned five aspects, the thesis reveals the development path of socialistic constitutional model in a relative comprehensive and accurate way, and consequently proves and establishes the central idea of the thesis.