The Value Study Of The New Democratic Constitutional Governance

Intrinsically the new democratic constitutional governance must conform to the double definition standards of the new democracy and constitutional governance. So the new democratic constitutional governance only specially refers to China’s united government patterns founded by the revolutionary classes since the Anti-Japanese War.In the crucial period of current political system reform and CPC’s modernization transformation academic and political communities increasingly attach importance to the study value of the new democratic constitutional governance which is the logic starting point and direct historical resources of current building of democratic politics, which is of great political significance and theoretical value. This thesis aims at the value study of the new democratic constitutional governance, exploring the rich historical and realistic value deposited in this constitutional governance, summing up experience and reflecting lessons so as to use the experience of history for current reference.This thesis contains four parts, which illustrate the background, traits, conception, patterns and values of the new democratic constitutional governance. The basic structure and main ideas are as follows:Part One is the introduction, which is divided into four sections:(1)the study background and significance of this thesis,(2) definition of relative concepts,(3)literature review,(4) the train of thought, innovation and methods of the study. The focal points of the introduction are to define and distinguish the important concepts in this thesis, which are the prerequisites for this analysis and study. The core concept "new democratic constitutional governance" in this thesis involves complicated relative concepts and is defined differently and used confusedly. This thesis separately defines and distinguishes the origins of the two component elements,"new democracy" and "constitutional governance" and put forward the definition standard of the new democratic constitutional governance, namely, conforming to "the double definition standard of the new democratic constitutional governance". At the same time we find the historical origin and entanglement reasons of the two discourse systems of democratic politics and constitutional governance in tracking down their historical origin. We also find the logic starting point of the construction of current democratic politics or constitutional governance and the legitimacy of their new integration.Part Two forms the first chapter:the social and historical conditions and traits of new democratic constitutional governance, which is divided into four sections:(1) the epoch theme of derivative modernization and saving the nation from subjugation and ensuring its survival,(2) the political pursuit of the political subjects in Anti-Japanese War period,(3) the early power exploration of the Communist Party of China,(4) the context of constitutional governance decides the traits of constitutional governance. This chapter aims at returning to the concrete context which conceives the new democratic constitutional governance and analyzing the connotation and traits of the new democratic constitutional governance from its historical origin. This chapter holds that the new democratic constitutional governance is the constitutional governance in the special context of war period, to put it concretely, it is a constitutional governance "without gaining democracy". The core problem of this constitutional governance "with time limits" is "seeking for democracy". So the trait of this constitutional governance naturally is "democratic politics". Thus, to define constitutional governance as "democratic politics" has time limits. So this thesis put forward new standard of classifying constitutional governance:time limits, that is, whether this time is before or after "this country gains its democracy". The constitutional governance before "the country’s gaining democracy" is abnormal constitutional governance. The constitutional governance after "the country’s gaining democracy" is normal constitutional governance.China’s new democratic constitutional governance belongs to the former kind and the constitutional governance of most western countries belongs to the latter kind. Different time limits of constitutional governance decide different value concerns of these two kinds of constitutional governance. This means that both kinds of constitutional governance have reasons to exist and can coexist. It also means that with the changes of time limits, abnormal constitutional governance eventually transforms into normal constitutional governance. There is no impassable divide between these two kinds of governance.Part Three contains Chapter two and Chapter three. Chapter two elaborates the basic conceptions of the new democratic constitutional governance. Chapter three is the value significance of the pattern of the new democratic constitutional governance. From the perspectives of conception and pattern of the new democratic constitutional governance, this thesis three-dimensionally reflects the complete values of new democratic constitutional governance from the levels of theory and practice. The conclusion is:the conception and changes of the pattern of new democratic constitutional governance shift with the changes of class relations at that time and there are no immutable constitutional governance patterns. There are many patterns of new democratic constitutional governance such as conception and entity pattern, Three-three System of Democratic Power during Anti-Japanese War Period, The People’s Democratic Government during the period of the liberation war, whose values pursuit highlights political democracy and embodies the conception of constitution, rule by law, democracy and human rights.Part Four contains Chapter Four and Five. Chapter Four is a historical appraisal of the new democratic constitutional governance. Chapter Five elaborates the current value of new democratic constitutional governance. From the perspectives of history and reality this part profoundly analyses the value of the new democratic constitutional governance, which is the focal point of this thesis. From historical perspective Chapter Four makes both a positive and negative analysis of the good genes, direct resources and anti-constitution factors contained in the new democratic constitutional governance. From the perspective of current reform of political systems, Chapter Five profoundly analyses the trend and crucial problems of current reform of political systems from the aspects of theory and practice. This chapter holds that current construction of democratic politics is the return, inheritance and transformation of the new democratic constitutional governance. It also holds that the discourse system of current "democratic politics" and "constitutional governance" is integrated. Therefore, the government should attach importance to solving the entanglement problems in current reform of political systems from the perspective of constitutional governance.