The Constitution As The Country’s Fundamental And Supreme Law

“Universal values of the proposed”and“human rights being written into the Constitution”as two important events in the Chinese’political and legal life , indicate that the Party and State leaders want the existing Communist concept to add some sort of liberalism element, and admit that those values accord with now China’s socialist cause. This involves the value of consensus. The failure of the revolution is in the lack of consensus on the revolution, and the only consensus of revolution is revolution itself. Writing of this paper is intended to "for the possible transformation of national consensus to provide effective intelligence support and the concept of reserve."In this paper I discuss“the concept of law”first in order to discuss“fundamental law”and“the supreme law”concept, then find that“fundamental law and the supreme law”exists in the relationship between the three powers ie“political sovereignty - constituent power - legal sovereignty”. At the same time, in this paper ,the concept of the political sovereignty subject the people and the concept of the people’s historic structure has been multi-angle discussed.By comparing the origin of Western and Eastern countries, this article attempts to explain the reasons of the East-West constitutional cultural differences. Meanwhile, the paper argues that China’s constitutional tradition is a“rule of wen”tradition : the monarch through "political declaration" form, claims the legitimacy and sanctity of his rule, and can bring together people’s minds, and has some self-restraint. However, this self-proclaimed style self-constraints, on the final analysis, is relatively weak.This character of“rule of wen”after the establishment of the PRC did not lose, but implicit in the text and the spirit of the Chinese Constitution, which exists as the Party’s political Declaration and the fundamental law of Constitution for cohesion of the people’s minds.From“the rule of wen”to“the rule of law”, it has become the need for reformation. To assist this change, the writer have conducted in-depth analysis of the existing fundamental norms of the Constitution, while a number of specific norms system envisaged to consider how to really achieve targets to promote“the rule of law”development, and promote the separation of Party and government, which have been proposed by the Party. The“sovereign capacity”of“political sovereign people”has been linked with the protection of fundamental rights,and the protection of fundamental rights has been linked with“judicial review of the minimum”.In short, the paper demonstrates, from the Chinese of the problem, to the construction of the basic theory of the fundamental law and higher law, to the origin of the differences between China’s national conditions and Western culture, to Chinese traditional“rule of wen”, and then to analyze the current text of the Constitution, and finally to discuss how our constitution culture can change from the traditional“rule of wen”to“the rule of law”, and finally I make my own ideas of norm systems.