On The Constitutional Design

This paper mainly studies the following aspects:the concept of constitutionalism, the design history of the human social system, basic principles and technical requirements of the constitutional design, the political, economic,cultural and rights protection system design of the constitutional design, and basic ideas of the constitutional design in China.The author believes that the constitutionalism is a kind of social form. The theories at all times and in all lands comprehend and interpret constitutionalism mainly from the perspective of political system and political form. However, the truth is that, since the constitutional law, which was created by human beings, has become the mother of laws in place of human governors, the legal system governed by the constitutional law has regulated the economic, political and cultural activities of human society. Consequently, constitutionalism has become a kind of social form, instead of and standing against monarchy.Constitutionalism can be designed. The social system is not inherent but artificial. The human society has always been designing the social system. However, before the constitutionalism was born, the human society had always passively accepted the society system designed by the ruling class, which was invested a cloak of divine. The generation of constitution and constitutionalism marks the beginning of people’s design of social system for themselves.The constitutional design must follow certain principles and ideas. The basic principles of constitutionalism support the whole system of constitutionalism, which shall be followed in the constitutional design as basic principles. In particular, constitutionalism has four basic principles, i.e. democracy, republic, nomocracy and human right. These four basic principles are mutually supportive, penetrating and indispensable, running throughout the whole constitutionalism and integrating it into an organic unity.Constitutionalism is a kind of technology. In order to implement the concept and spirit of the constitutional principles, certain technical regulations must be followed. Only by doing so, could democracy, republic, nomocracy and human right be internalized in specific economical, political and cultural system. These technologies have many requirements, mainly including:people-oriented with consideration of public interests, mutual support and combat between rights and powers, consistency of rights (powers) and obligations (duties), internal self-governance and external monitoring of powers (rights)Since constitutionalism is a kind of social form, the contents of constitutional design involve not only the political design, but also economical design and cultural design,more importantly, it is necessary to design the rights protection system.The freedom of human beings is complex. Only if the constitutional design principles and technological requirements be followed, could the complex freedom of human beings be maximized.Finally, in accordance with the constitutional design principles and technological requirements, in combination with social reality in China, this paper proposes the basic ideas of Chinese constitutional design. That’s to reform political, economic,cultural and rights protection system in light of the general requirements for constitutionalism, enabling our motherland to develop in the orientation of individual freedom and social prosperity.