The Research Of The New-democratic Constitutional Policy

This thesis, in terms of Marxist constitutional theories and general principles of constitutionalism, analyses the constitutional policies of New-democracy, By the systematic analysis about the basic proposition of the CCP(Chinese Communist Party) represented by Mao Zedong during the New-democratic revolution , this thesis pays special attention to the mode of constitutionalism, the shape of constitutionalism, and characteristics that different from those of the general constitutionalism .Despite its particularities, the New-democratic constitutionalism has basic elements of modern constitutionalism as a kind of modern constitution. So it is necessary to study it under the frame of modern constitutional theory. Thus, this article, on the basis of clarifying briefly modern constitution and constitutionalism theory, stresses the basic principles with general practicability of constitutionalism. Using this as the breakthrough point, this article also states the different characteristics of the New-democratic constitutionalism from general shape of constitutionalism. At the same time, the author also holds that, since the Marxist thoughts of constitutionalism, the basic constitutionalism theories of Marx and Engels, especially the Soviet theories of Lenin, are the theoretical foundations of the New-democratic constitutionalism. And less attention has been paid to its interrelated study. The author, based on the previously theory study, tries to clarify and analyze their thoughts systematically, studies the thoughts of the New-democratic constitutionalism, analyzes the influence on the thoughts about the New-democratic constitutionalism of the Chinese Party members.This thesis analyzes emphasizes the following emphasize basic theoretical questions:Firstly, the concept and connotation of the New-democratic constitution. The statements of basic conception about the New-democratic constitutionalism from the CCP, were mainly elaborated in terms of state system (it also called class attribute of democratic politics ) at that time. That is to say, constitutionalism is democratic politic, the New-democratic constitutionalism is the New-democratic politics, which is the democratic dictatorship of the traitors and reactionaries from several revolutionary jointing classes.Though this definition can not summarize completely the whole connotation of constitutionalism and the New-democratic constitutionalism in terms of form, it has announced its essence and key content deeply, answered the crucial and key question of the development of politics in terms of constitutionalism, which is the question of where to go for China at that time. Moreover, during the process of promoting the Sports of New-democratic constitutionalism and practicing the regime and legal systematic construction from the CCP in the Base area, the theoretical analysis about the basic questions of New-democratic constitutionalism, involves human rights, democracy, constitution and Rule by law, state system and the form of government of modern constitutional theories, thus helps the thoughts about the New-democratic constitutionalism form the basic elements of modern constitutionalism theory, achieving more comprehensive thoughts about the New-democratic constitutionalism. The basic connotations of the New-democratic constitutionalism of the Chinese Party members includes mainly: state system of the New-democratic constitutionalism, regime shape of the New-democratic constitutionalism, constitution and legal construction of the New-democratic constitutionalism, thoughts of human rights of the New-democratic constitutionalism. State system of the New-democratic constitutionalism is the key content and essential characteristic of the New-democratic constitutionalism among them, having acontent of distinct Chinese characteristics as well.Secondly, the principles of the New-democratic constitution. The New-democratic constitution mainly follows Marxist(or proletarian) ^principles of constitutionalism, not the ordinary capitalistic principles of constitution. It is not just a imitation of Marxism and Soviet Union, but proceeds from concrete conditions of revolutionary reality and regime construction of China, having formed principles of constitutionalism with distinct characteristic of Chinese New-democratic revolution. Principles under the leader of working class, that is to say, the working class realizes its leadership to the New-democratic regime by its Vanguard CPC is the cardinal principle of the New-democratic constitutionalism, is the concrete application of the theory and practice of constitution, it is also a basic sign which is different from the ordinary capitalistic principles of constitution. The united front is another cardinal principle of the New-democratic constitution, and essentially the concrete expression of the principle of people's democracy, embodies the principle of "the united government" in the shape of regime. The principle of united front is the cardinal sign of the New-democratic constitutionalism different from social constitutionalism; the principle of guarantee human rights is the basic principle of constitutionalism, the New-democratic constitutionalism also emphasizes it, but the principle differs greatly from the so-called "pure human rights" which general capitalistic constitutionalism brags about , the same as incompletely the principle of human rights which deprive all human rights of exploiting class, coming from constitutionalism of Soviet that Lenin advocates. To it, human rights of people from each revolutionary class can be ensured fully, while the revolutionary enemy is a target of dictatorship, and this is concrete manifestation of Marxist view of human rights of constitutionalism. The principles of democratic centralism and combination of legislative and executive power, are the organizationalprinciple and activity principle of the New-democratic regime's construction. Because the core of the New-democratic constitutionalism is democratic politics, and regime construction is the main shape of the New-democratic constitutionalism, it is also a basic principle of the New-democratic constitutionalism, which is different from the principle of checking and balancing of "separation of powers" that comes from general capitalistic constitutionalism. The principle of general election system is also a basic principle of the New-democratic constitutionalism, are fully embodied in the election regulations and practice made by democratic regime under the leader of CPC, during each period of construction of the New-democratic constitutionalism.Thirdly, natural characters of the New-democratic constitution. On one hand, theNew-democratic constitution remains the democratic nature of capitalist class, it is not "old and general", but "new, and particular". It is under the leadership of working class, based on worker-peasant alliance, several revolutionary classes unite the democratic politics of "the New-democratic particularity" of dictatorship, different greatly from one dictatorial class of capitalistic constitutionalist system. On the other hand, the New-democratic constitutionalism has "difference in principle" compared with the socialist constitutionalism of proletariat constitutionalism. The New-democratic state system is "the state system of the democracy alliance of the united front based on national most people under the leader of the working class". At the same time, the New-democratic constitutionalism, which set up the constitutionalism on the people's congress system foundation of the democratic centralism, belongs to socialist constitution system. The basic characteristic of the New-democratic constitutionalism, different from capitalist constitutionalism and socialist constitutionalism, is that it is democratic politics of form of united front which proletariatleads. Thus, it is distinguished clearly from the two in intension and essence. The New-democratic constitutionalism has several characteristics in the shape of constitutionalism. First, it is a constitutionalism of a kind of unstable one, transition shape. Second, it will "strive for the democracy not made, but not admit the fact that has democratized". It has just already been formed for a kind of law or system shape tentatively in the revolutionary base area. It is still a kind of sport shape of constitutionalism, striving for the democratic politics fact nationwide. Third, it is a kind of still incomplete constitutionalism shape, whose incompletion is decided by the particularity of Chinese revolution, the objective environment of construction and its essential characteristic of the New-democratic constitutionalism.Fourthly, the shape of the New-democratic constitutionalism. It can mainly be divided into two kinds: tactics shape and practice shape. The practice shape of the New-democratic constitution is the regime construction and law system's construction of CPC in revolutionary base area, the same as the New-democratic regime , constitutional, legal system and their operating mechanism, mainly inferring to the New-democratic regime's shape and activity way. The practice shape of the New-democratic constitutionalism expresses different kinds of form and content in different historical periods, thus forms some practice shape, such as constitutionalism of Soviet, constitution of "three thirds", constitutionalism of House of Representative system, constitution of system of political consultative conference, constitution of People's of congress system, and so on. Being the finished shape of the New-democratic constitutionalism, the constitution of People's of congress system marks the beginning of the socialist constitutionalism. The tactics shape of the New-democratic constitution, means the consistent constitutionalism stand between CPC and the Kuomintang government during the course of sports ofthe New-democratic constitutionalism, which is called the expecting shape of the New-democratic constitutionalism by author. It is different from shape to content compared with the practice shape of the New-democratic constitutionalism, which is a constitutionalism scheme of realizing democratic politics nationwide by way of the peaceful of reform, but the scheme is based on the fact that the Kuomintang government should open democracy and reform the government, that is to say, the initiative is not grasped by CPC and Chinese people. On one hand, CPC hopes sincerely to strive for the realization in the future, while realizing fully that the Kuomintang government will never give up "the dictatorship of one party" easily. Therefore, there is the function of revealing its false essence and essence of dictatorship, thus obtaining the political initiative. It is an expecting shape of the New-democratic constitutionalism, being also a tactics shape of the New-democratic constitutionalism.In a word, the New-democratic constitutionalism is "the third kind of form", different from general capitalistic constitutionalism shape and general socialist constitutionalism, which is determined by Chinese national conditions and Chinese revolutionary particularity. The New-democratic constitutionalism is the essential preparations of construction of socialist constitutionalism, being also embryonic form of the theory and direct starting point of socialist constitutionalism. Studying the thoughts about the New-democratic constitutionalism of the Chinese Party members represented by Mao Zedong, is significant to our construction of socialist constitutionalism afoot of today.