On Constitutional Thoughts Of CCP And KMT And Development Of Constitutionalism In China

In modern democratic politics, the ruling party, the constitution and constitutionalism are basic indispensable elements. Their individual features, connotations and mutual relations became gradually apparent in the long practices of democratic politics. In countries where constitutionalism is promoted by parties, the constitutional thoughts of the ruling party play an important role in the development of the constitution and constitutionalism.Combing the constitutional thoughts of western bourgeois with the particular situation in China, Sun Yat-sen creatively brought forward his constitutional thoughts: people entitled with power, the constitution of five powers, party ruling, partition of power, etc. Although the Nanjing Government of Chiang Kai-shek was guided by the Sun Yat-sen's constitutional thoughts, the constitutionalism practiced by the lord proprietors and big bourgeois was only to maintain the highly centralized despotism of the reactionaries. This is not consistent with what modern constitutionalism proposes, and even violates the democratic and revolutionary constitutional thoughts of Sun Yat-sen. The"constitutionalism"of the Nanjing Government failed inevitably because it could not win the support of the people.Basing on the theory of utopian socialism, Marx and Engels summarized the experience of the Paris Commune, and clarified the constitutional thoughts of power ascription, configuration, operation and supervision in the process of exploring and criticizing the essence and deceptiveness of the bourgeois constitutionalism. In leading the Russian Revolution and setting up the Soviet government, Lenin developed the constitutional thoughts of Marx and initiated the first people's democratic constitution.In the practice of neo-democratic revolution, the Chinese Communist Party, bearing the Chinese situation in mind, has been guided by the constitutional thoughts of Marxist classic writers, and has formed a preliminary neo-democratic constitutional thought, and directed the neo-democratic constitutional practice. Profound experience has been accumulated and a solid foundation has been established for the production of socialist constitution and constitutionalism.When the People's Republic of China was firstly established, the Chinese Communist Party was not fully developed in terms of how the nation power should be regulated and how human right can be protected. Socialist constitutionalism, therefore, stagnated. Since the Third Session of the Eleventh Central Committee of the CPC, the Chinese Communist Party corrected her leftist mistakes and flourished the Marxist constitutional thoughts according to the Chinese national conditions, gradually forming a kind of socialist constitutionalism, featuring in people's democratic leadership, the People's Congress, law abiding people supervisory and control, which directed the practice of establishment, implement and protection of socialist constitution.The hundred years of Chinese history of constitutional development shows that the constitutional thoughts of Chinese Communist Party and Kuomintang are both important components in modern Chinese constitutional thoughts. The initial aims of establishing constitutions were both at rescuing the nation, and they were both products of western civilization combined with the Chinese national situation. And they played similar roles in their respective constitutions. Nevertheless, owing to their essential differences in constitutional thoughts of regulating nation power, protecting of human rights, and even in practical foundation of class, society and organization, they differed greatly in the effects and results on the development of constitutionalism in China."Ruling by law should be realized, first of all, by ruling by constitution."This understanding indicates that the Chinese Communist Party has deepened the understanding of the regularity of ruling. To rule by constitution reflects the constitutional principle of paramount importance of constitution and enhances the constitutional foundation of the ruling of the Chinese communist party. It reflects the principle that"Parties should activate within the boundaries of the constitution and law"and embodies the idea that"Party thoughts must be changed with time". The establishment of market economy, the duality of the nation and the society, as well as the multi-various cultural value induced by multi-various economy, have set up an economical and social foundation of changing with time for the Chinese Communist Party. Ruling by constitution, the Chinese Communist Party has to rectify its thinking from focusing on recognizing and protecting nation power to regulating nation power, from the narrow point of view of duty playing to power exercising itself and human right protecting. Other parties can be taken as mirrors in terms of their lessons, experiences and knowledge.