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A Study Of The Political Civilization Construction Of Modern China As The Commanding Point

Posted on:2006-11-11Degree:DoctorType:Dissertation
Country:ChinaCandidate:L F DengFull Text:PDF
GTID:1116360182465769Subject:Constitution and Administrative Law
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The political civilization construction of modern China is not only a great practical task, but also an important subject in theory. Being the most basic and important problem, to analyze the political civilization construction of modern China by constitutional thinking is of crucial theoretical meaning as well as vital practical value. This paper, using synthetically methods of value analytic method, semantics analytic method, historically analytic method, text analytic method and comparative analytic method, etc., analyzes the commanding point of the political civilization construction of modem China from four aspects which are organically connected and evolved in turn in four chapters: the visual angle of analysis, the overall thinking, the macrocosmic countermeasures and the concrete contents.Chapter one is "Constitutional thinking: the commanding point in visual angle of analysis of the political civilization construction of modern China". It analyzes constitutional thinking, constitutionalism and the basic theories of analyzing the political civilization construction of modern China by constitutional thinking. Referring to the common the living habit and psychological orientation of the masses and elites through the communicative platform of constitutionalism system, constitutional thinking means the habits and ways of people to propose, analyze and solve problems by their knowledge and understanding of the constitution itself. Regarding to the essence, constitutional thinking means the primary legal thinking, Weltanschauung and methodology. Regarding to the value, constitutional thinking is an important content of the constitution revolution, an important symbol of constitutionalism China, and an important strength to prosper the constitution law. As to the classifications, constitutional thinking of the masses, political elites and constitutionalists are the most basic ones in all the constitutional thinking classifications and the characteristics of outline, foundation, macrocosm and constitutionalism are the remarkable ones of constitutional thinking. Taking abundant semantic theory and thorough unified theory as the way, the basic meaning of constitutionalism can be stated in six sentences: it is an ideal taking the realization of rule of law as the direct goal; a value system taking justice, especially social justice, as the commander; a principle system taking restricting powers as the core; an institution system taking constitutional review as the key; a course taking the contradictorymovement between rights and powers as the remarkable characteristic; a state taking the supreme status of constitution as a prominent sign. As to the study of political civilization, the most important thing is to study "the political civilization construction of modem China" and the most pivotal thing is to analyze the political civilization construction of modem China by "constitutional thinking". To analyze the political civilization construction of modem China by "constitutional thinking" is of theoretical foundations and legal basis, necessity and urgency, possibility and feasibility. Moreover, it helps to hold the accurate direction of the political civilization construction of modem China and offers the suitable way for the political civilization construction of modem China; it helps to promote the popularization of constitutional thinking and prosper the study of Chinese constitution law and political science.Chapter two is "Constitutionalism China: the commanding point of the overall thinking in the political civilization construction of modem China". It analyses the reasons that the author taking constitutionalism China as the commanding point of the overall thinking in the political civilization construction of modem China emphatically. In one word, the role of constitutionalism China as the commanding point of the overall thinking in the political civilization construction of modem China is decided by its role of the appropriate goal of the political civilization construction of modem China. The "appropriate goal" above is an organic integration of "goal" and "appropriation", in which the "goal" with the function of commanding is different from words such as "core task" and "key content" and the "appropriation", meaning superiority, does not allow to regard "democratic China" or "China ruled by law" as the goal of the political civilization construction of modem China. Generally speaking, constitutionalism is the symbol, the core and the soul of the political civilization in modem times, among which the symbol emphasizes on the historical sense, the core emphasizes on the tool sense, and the soul emphasizes on the value sense. Although quite a lot of materials taking countries or the governments as the remarkable symbol of the political civilization, considering the dual characters of countries and governments, it would be better to take constitutionalism which limits the passivity of countries and governments and protect the positivities of countries and governments as the remarkable symbol of the political civilization of modem times. Meanwhile, although many materials taking democracy as the core of the political civilization, as constitutionalism is farther from autarchy, nearer to human rights, favors rule of lawmore and emphasizes more on ensuring the unity of the society from the source, it suits the core of the political civilization of modem times better than democracy. And the reason to take constitutionalism as the soul of political civilization in modem times is that constitutionalism itself is a state of politics of truth, goodness and beauty as well as a course to promote the truth, the goodness and the beauty. Speaking from the special meaning of the political civilization construction of modem China, it is of abundant scientificity and rationality to take constitutionalism China as the appropriate goal, which embodies collectively in that constitutionalism China can appropriately command the basic demands and the concrete contents of the political civilization construction of modem China—it is the prerequisite to build constitutionalism China to insist and perfect the socialist democratic system; it offers rules to build constitutionalism China to strengthen the construction of rule of law in socialistic society; it seeks the breakthrough to build constitutionalism China to reform and improve the methods of leadership and governance of the Party; it defines the key to build constitutionalism China to combine the need to uphold the Party's leadership and to ensure that the people are the master of the country with the need to rule the country according to laws; it establishes the focal point to build constitutionalism China to reform and perfect the decision-making mechanism; it removes the encumbrance to build constitutionalism China to deepen and advance the reform of the administration management system; it clears the way to build constitutionalism China to advance the reform of the judicial system; it resolves the crux to build constitutionalism China to deepen the reform of the cadre's personnel system; it makes the clue to build constitutionalism China to strengthen the restriction and supervision of powers; and it fosters the order to build constitutionalism China to safeguard the social stability.Chapter three is "Rectifying the name of constitutionalism: the commanding point on the macrocosmic countermeasures of the political civilization construction of modem China". It emphatically discusses the basic theory of rectifying the name of constitutionalism and the relationship between the political civilization construction and constitutionalism after the rectification. Corresponding to the role of appropriate goal of the political civilization construction of modem China of constitutionalism China, the constitutionalism construction is the most basic means to advance the political civilization construction of modem China. However, in China today, "constitutionalism" is only an academic concept and lacks the essential legal basis andpolicy basis, although the construction of constitutionalism has never stopped in fact. It is, undoubtedly, unfavorable to the construction of constitutionalism and the political civilization. As it always goes, to rectify the name of constitutionalism is for the central committee of the Party and the people's central government to approve constitutionalism formally. As the construction of the political civilization and a socialist country ruled by law which is prosperous, strong, democratic and civilized requires to rectify the name of constitutionalism urgently and China has good conditions of law, politics, economics, culture, social atmosphere and international environment as well as strong motive force created by the constitution amendments of 2004 to rectify the name of constitutionalism today, it can be in 2006 (the centennial of China's constitutionalism politics), 2007 (the year that 17th national congress of Communist Party of China will be hold )or in 2009 (the 60th anniversary of the establishment of the People's Republic of China) that the name of constitutionalism be rectified. The construction of political civilization after the rectification should not only worship and rely on constitutionalism firmly, but also promote and surmount constitutionalism without hesitation.Chapter four is "Exercising the state power according to the constitution: the commanding point on the concrete contents of the political civilization construction of modern China". It mainly discusses the strategic status and the realization of exercising the state power according to the constitution. The most basic thing of the political civilization construction of modern China is to combine the need to uphold the Party's leadership and to ensure that the people are the master of the country with the need to rule the country according to laws organically. It is the most difficult point, the lightest point, and the impetus point of casting the political civilization construction of modern China of its own characteristics and style. The special importance of exercising the state power according to the constitution in the political civilization construction of modern China lies in its special function to combine the need to uphold the Party's leadership and to ensure that the people are the master of the country with the need to rule the country according to laws organically. Since exercising the state power according to the constitution is not only the key for Chinese Communist Party to realize the great changes of its role under the new historical conditions, the most basic choice of reforming and perfecting Chinese Communist Party's method of leadership and governance, the most important content of improving the relationship betweenChina's Communist Party and laws, but also the way to insist China's CommunistParty's leadership, the carrier of the sovereignty of the people, the committed step torule the state according to laws, a concrete mechanism to unify the leadership of theCommunist Party of China, the sovereignty of the people and rule the state accordinglaws organically, and, as the substance of exercising the state power according to lawsis exercising the state power according to the constitution and constitutionalism is themacrocosmic frame of combing the need to uphold the Party's leadership and to ensurethat the people are the master of the country with the need to rule the countryaccording to laws, exercising the state power according to constitution whichcentralizes the quintessence of constitutionalism and exercising the state poweraccording to laws becomes the key to combine the need to uphold the Party'sleadership and to ensure that the people are the master of the country with the need torule the country according to laws organically, as well as the commanding point on theconcrete content of the political civilization construction of modern China. In order toadvance exercising the state power according to the constitution, it must be guaranteedthat Communists be the models who observes the constitution well, which is the solidfoundation of advancing exercising the state power in accordance with the constitution;we must improve the relationship between the state power's leaders and the personswho hold the state power in the track of constitutionalism, and the relation between thestate power's leaders, the persons who wield the state power and the owner, the user,the supporter, the participant, the supervisor, the protector of the state power, which isthe key content to advance exercising the state power according to the constitution; andwe must make great efforts to realize the win-win in the counter movement betweenexercising the state power according to the constitution and the self-building of theParty, which is the basic guarantee of advancing exercising the state power accordingto the constitution.
Keywords/Search Tags:the political civilization, constitutional thinking, constitutionalism, constitutionalism China, exercising the state power according to the constitution
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