The Research Of China Constitution Amending Procedure

Seen from the view of procedure, this article starts on the research of China Constitution amending procedure.As one of the legislative procedure, Constitution amending procedure guarantees the legitimacy and reasonableness of revising content and behavior. It must meet the basic aspect of the stages and setting of the legislative procedure. Constitution amending procedure should have the preparation, proposal, consideration, vote, announced stages etc. and should make these stages exert full and effective filtering function, embody the legislative procedure'values, for example, the democratic, rational, efficient, balanced, neutral and other basic values. Then, the results would be convinced and accepted by society and the general public.However, China Constitution amending procedure exist so many questions. First of all, the provisions of Constitution and the legal laws on Constitution amending procedure are far from complete. Second, the power of amending the Constitution lack of basis, constraints and operability. Thirdly, the People's Congress systems supporting the Constitution amending are not perfect. This series of problems exist in all the stages of the Constitution amending procedure so that the power of amending the Constitution can not be effectively exercised ,and the function of the Constitution amending procedure can not be effectively played.There are several reasons for above problems. On the one hand, the relationship between the Party's leadership and people's democracy hasn't been dealt with perfectly during the process of amending the Constitution. Thereby, we placed too much emphasis on the view "focus" and to some extent ignored the adequate, democratic, open communication among the various views. On the other hand, China still stages on the social transition phase, the Constitution and the behavior of amending the Constitution aim to service for the reform and confirming the outcome of reform timely.Because of the two reasons above, the procedure of amending the Constitution neglects democracy. In the real world the Constitution will surely suffer from the torture of legitimacy and rationality. The effectiveness of the Constitution also has been inhibited invisible, and the authority of the Constitution has been affected. Facing the problems above, we should make efforts and seek solutions to the problems. First of all, we should research the Constitution amending from the perspective"procedure". At the same time, we should combine with China national conditions and actively absorb the useful experiences of foreign countries'Constitution amending procedures. Second, we should select the appropriate law to regulate different stages of amending the Constitution. Thirdly, we should perfect the People's Congress system to support the procedure of the Constitution amending.Overall, in my opinion, the Constitution amending procedure is a valuable Constitutional issue. Through the study above, we can re-examine the issue of China Constitution amending from a perspective"procedure", study the situation of the power of amending the Constitution and analysis the problems of the Constitution amending procedure. Then, we can seek the ways and measures to improve China Constitution amending procedure, make up the lack of academic research, achieve the aim of combination of the Party's leadership, the rule of law, people's democracy.