| The study of the concept of constitution is an extremely important component in the research of the science of constitution. Constitution, as a concept that is produced early and used for a long time, the different historical background of its experience is the basic material for us to understand the connotation of the modem constitution concept. Digging the background material about the produce and development of constitution concept, it can help us to know the different ultimate care and social value expectation of constitution in different era, and it can play an important enlightenment function on nowadays construction of China's constitutionalism. However, in order to study the concept of the constitution, we must discern the historical of the development of constitution concept clearly at first. Regretfully, the study on constitution concept of the scholars at present, has neglected this issue consciously or unconsciously. Most scholars put the discovering of the so-called "right" constitution concept as the study task, giving up the research of the comparative study on constitution concept in different historical period. There are two dogmas in the research of constitution concept presented: one is the dogma of constitution "concept imperialism" on the basis of Hegel tradition, the other is "radicalism dogma of concept" on the basis of the radical tradition. To analysis the evolution of the history of constitution concept and discover the relation between the practice of constitutional system and the meaning of constitution, is an important way to get rid of the concept imperialism dogma and the concept radicalism dogma of the study of constitution concept.1. Many aspects of the theoretical discuss on the constitution concept and classical constitutional practice for a long time of ancient Greece and ancient Rome people are imitated by a lot of countries after time, and it became the initial headstream of modem western social constitutional system practice and the study of constitution concept. The human history began from Sumer, the human thoughts; especially the thoughts about law and constitution began from Greece. The discuss onthe classifications of regimes' forms and the reasonable regimes' forms, though they were put forward against the city state system at that time, it provides the pioneer theory basis for following countries to choose rational regime model undoubtedly. The concept of regime, which is put forward by Greeks, also does some contributions to the produce of constitution concept. Tough there had no words about "constitution" in Greece, the word of "regime" is the bud of the produce of constitution concept. In Greece era, the found stone of maintaining the existence of regime concept was waving, the process of unifying the kingdom made people not pay attention to discussing "regime" more, but it prepared for the produce of the concept of "constitution" on another angle in earlier stage. The character of "fundamental law" of constitution appeared. The concept of constitution was found in Rome's kingdom period finally. The constitution is the fundamental law is the creation of Roman; it's an important component of legal system and legal mode of thinking of valuable legacy for Romans to later ages. The constitution formed after the produce of the kingdom of Rome step by step (also called the constitutiones principum) is another character of modern constitution, and it does basic contributions to the constitution paramountcy or the authority of constitution.2. As to the evolution of the concept of the constitution, Middle Ages is an era with enormous significance, the theory of constitutional faith it created gave the answers to the question why constitution should be observe. There are important meanings to carve up the faith of constitutional authority and the basic position of the constitution for the study of the evolution of the concept of the constitution and the constitutional systems in Middle Ages. Christianity that produce in early days in Middle Ages and the religious doctrine formed from protecting activities gradually offers the theory argumentation, then it let the constitutiones principum as the basic law and Christianity's religious doctrine to combine together. With the development of history lately, the struggle of the pope and royal power was aggravated gradually, it had made the incident, which called "pope's revolution" with great influence in Middle Ages at last. The Pope's revolution has destroyed the loftiest theory of the royal power and has offered the model for modern constitutions to generally restrainthe royal power. The politics and laws system established in pope's revolution also had the characteristics of modern character. The dual structure of kingdom constitution and church constitution coexisting appeared in 12th century of Western Europe, and the Pope's decree for pardon was regarded as church's constitution. The Crusades fighting east and the establishment of referee of religious indicated the independence of church constitution and its highest authority. This kind of coexisting dual constitution structure is also the important component of the evolution of Western world's constitution concept and constitutional system.3. While the western world were transferring from church countries to national monarchical states, the church constitution also tended to decline, and constitution concept began to introspect and rebuild in different national countries also. It concludes the introspection and rebuilding of the constitution sources from the monarch approval to the national approval; from the generality to the national countries' constitutional venue; the rebuilding of the regime organizational forms of various kinds of parliament forms of sprouting from direct democracy to early representative system; the state structure form from local autonomy to absolutism country. And the national organism concept formed in the course of these a great deal of reconstruction, realized the unifying of freedom signified by regime thinking in Greece era and order signified by constitutional thinking in Rome era finally. Constitution had connotation of "national fundamental law" at this moment. This demonstrates constitution concept had unique characteristic that was different from the ancient constitutions principum and pope of decree for pardon in Middle Ages.4. However, the dual tradition of western society is spread and flowed deep-rooted after all. After the absolutism national regime thinking and constitution thinking had finished its historical mission of unifying country and resuming the order, the challenges it should be accepted followed. It represents as the idea lay is the establishment of basic idea of the human rights of the talent in all in Western European countries; as the practice is the ceaselessly struggle between Congress or the tertiary parliament that discusses and develops and royal power in Middle Ages; the last result is the establishment of constitutional systems to restrict the royal powerand the state power finally; as the social structure is citizen's class that confronted with directness of the classes of feudal nobles and escorted the private right by citizen's class and ended up to the result of having entered into state power. All the activities began with enlightening sports and impelled the growing up of modern constitutional systems, which includes ensuring human rights, democratic decision-making, rule of law and power limitation. The concept of constitution based on system of early constitutionalism is produced at the same time too. The characteristic of the introspection and rebuilding of the concept of constitution is accepting the thinking that the constitution is the basic law of a state, and it regards limiting the state power as its key content, that is, constitution is the national fundamental law of limiting the state power.5. As the liberal capital constitutionalism has ignored the peasants' rights and the proletariat's interests produced after the industrialization, it causes the resist of peasant's class and the struggle that is directed with proletariat against the liberalism constitutionalism. The liberalism constitutionalism made the transition gradually under the impaction of the theory and practice on behalf of peasant class and the thought of proletariat. The concept of the modern constitution obtained the opportunity to annotate again. It demonstrates five characteristics of the concept of the constitution that is different from the concept of the constitution of enlightening era. That is, functional characteristic transforming from controlling the state to protecting human rights, transition from the political law to the social law, the trending of international constitution from national country to general apply, the general establishment of unconstitutional review and the gradual shaping of the ideas of citizens awareness which were required more widely. The basic content of neo-constitutionalism is restraining the abusing of the state power through system design and ensuring the power of government can settle social problems and the demand for forming citizen's personality in western countries appears in 1990s, is the basic summary of the above-mentioned characteristics of the constitution.6. There're many opinions about the existence of constitution traditional China. Scholars those who believe there has no constitution in China's ancient society aremostly argued from the comparative of concept thinking; but scholars those who believe there has constitution in China's ancient society are mostly argued from the comparative of the constitutional function thinking. Conclusions drew in these two kinds of thinking are both defective. The correct attitude is to realize China ancient constitution and modern constitution have differences and relations at the same time. Meanwhile, the study on constitution of modern Chinese scholars appears the tendency of thinking model like that: using concept thinking to deny function thinking, or using function thinking and concept thinking to deny other thinking definitely. From the extremely expression of the constitutionalism of Qing Dynasty that on behalf of the consistency displaying constitutional function and the denying to tradition in an all-round way, and the rebuilding of constitution concept of the 1911 Revolution, the evolution of China's early social construction and constitution concept, are all embodies the above-mentioned characteristics clearly. The research about constitution in late the past ten years begins to break through of this kind of thinking, on one hand, the essential view of constitution taking human rights as ultimate care has replaced the ultimate values of the old national constitution gradually; on the other hand, constitution system structure and the change of research approach of constitution study embodies logic constitution scientific doctrine inclination of function of pragmatism. The constitution exceeds testing as the living standard of people and the criterion of the life style undoubtedly, at the same time, the constitution regarded as a kind of legal system influences on human life, it must be scientific, this kind of dual character of the constitution is its true appearance.7. Most modern Chinese constitutional scholars think, realizing human rights is the ultimate care of constitution. More important at present is to mould the system and practice of constitution as the fundamental law of function. Constitution to be the highest becomes the top priority of contemporary Chinese constitution construction. First of all, constitution should be the highest, the value rule that the constitution reflects is determining the constitution should be the highest; the function rule that the constitution reflects is determining the constitution should be the highest; the rule of state management effectively that the constitution reflects is determining theconstitution should be the highest. Secondly, constitution is really to be the highest. It embodies as follows: first, constitution becomes the basic criterion of the national political life. It includes constitution becomes the generally acknowledged truth principle of other laws which were made and revised; constitution becomes the final standard that the judicial authority to solve the dispute and ruling power in accordance with the constitutional thinking. The Second, constitution becomes basic guides to citizen's life. It includes individual has inherent motive of observing constitution; the citizens fulfill the obligations of the constitution consciously and exercise the right of the constitution; citizens can relieve their constitutional right when infringed according to constitution. Third, constitution becomes basic criterion of the ripe citizen's public organization. It embodies that rational citizen public organization observe constitution consciously and the responsibility consciousness and politics practice they can bear consciously to maintain citizen constitutional rights. Moreover, constitution may be the highest. We must create the essential conditions that can make the constitution the highest. The plural harmonious social structure is the social base that can realize constitution to be the highest; the theory and practice of the proper procedure are the operation foundation that can realize constitution to be the highest; the extensive establishment of the awareness of the obligations of citizens is the cultural foundation that can realize constitution to be the highest. Finally, preventing the variation shape of constitution to be the highest. It includes three kinds of variation shape of constitution: value misplaces of constitution, weightlessness of constitution rules and discussion principles of constitutional process. The process of building constitutional country is also the process of prevention the appearance of variation shape of constitution to be the highest at the same time.
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