The Basis Of The Constitution Of The Chinese Economic System Changes

During sixty years since 1949, China has experienced large change in economic institution and constitution. For economic institution, China had turned its step from semi-colony and semi-feudal economy to socialism's planned economy, then it began to turn to socialism's market economy. At the same time, China's constitution had experiencing the decade of constitution authority to the strength of it. Therefore, what is the relationship between the changing of economic institution and constitution? Expecially, how to evaluate the function of China's constitution acting on the changing of economic institution? In order to explain this question, this paper does the research from constitutional clause of economic institution and the economic function of constitution. Besides the introduction and concluding remarks, this paper is composed by seven chapters.In the part of Introduction, this paper firstly points out the basic questions of this research and the theoretical and practical significance of the study. Then, after reviewing and summarizing the related reference materials both domestic and abroad, this paper explains the overall research thought and its basic logical framework.The first part is the part of basic theory, including the Chapter One and the Chapter Two. In Chapter One, the article analyzes two basic elements of the constitutional clause and the constitutional function, the constitutional clause refers to economic clauses, and the constitutional function refers to economic functions. In Chapter Two, based on the analysis of the progress of China's constitution, expecially of the constitutional clauses of economic institution, the article clearly pointed the three characters: individuation, reality, invariance, and initially analyzed the economic function of China's constitution.The second part is the principal part of this paper, including the Chapter Three, the Chapter Four and the Chapter Five. The Chapter Three is the analysis of constitutional foundation for the changing of China's economic system, which includes two hands: for one hand, we should emphasize the importance of protecting the citizen's economic liberities for the smooth running of market competition system; for another hand, we should standardize the national authority's power, and realize the active function of national economic power. The Chapter Four is the analysis of constitutional foundation for the changing of China's property institutions, based on the special situation of China, this article explains from state-owned property institution and non-state-owned property institution. The Chapter Five is the analysis of constitutional foundation for the changing of China's distribution institution, based on the classification of distribution system, this article analyzes the constitutional function from primary distribution institution and secondary distribution institution.The third part is the analysis of China's constitutional problems and the suggestion for solution, including the Chapter Six and the Chapter Seven. With the former analysis, the Chapter Six analyzes four experiences of our constitutional foundation, such as leading the realization of rule of law for market economy, conciliating the elementary contradiction, etc., and summarizing the existing problems, such as the absence of systemtism of constitutional economic principles, the incompletion of constitution protection on the economic rights, etc. As for such questions, the Chapter Seven proposes some suggestions for solving these problems.In the part of concluding remarks, this paper clearly proposes two inspiring thinking: firstly, the transition of economic institution and the constitution have strong interactivities; secondly, the development of China's constitution deeply depends on China's culture.