The Logic Of Generation And Pursuit Of Value Of The Chinese Political Constitutional Jurisprudence

To explore the relationship between politics and the constitution is an interesting academic problem,the problem is easy to cause resonance, also easy to cause controversy. Review Chinese constitutional construction since the Opium War in 1.5 century, we have many regret and confusion which is more especially in today. Needless to say, throughout the thirty years of reform and opening up, the western constitutionalism mode has become the intellectual consensus, thus that carrying liberalism and democracy is increasingly becoming the mainstream of political thought. The mainstream school of Chinese constitution jurisprudence----the standard constitutional jurisprudence,which is from western thoughts of rule of law richly and profoundly, and have the mature western judicial experience to support it. It have very solid theoretical foundation,and its system is complete, thus the status in the Chinese constitutional jurisprudence is difficult to shake. However, the reality of contemporary Chinese constitutionalism is full of the confusion of "violation of the constitution". Politics not only often beyond the constitution, but also absorb the administration,and control the society,that show the speciality of "party-state system" completely. In recent years, the political constitutional jurisprudence School of Chinese constitutional jurisprudence appear,which scholars representatives have Gao Quanxi, Chen Duanhong and Zhai Xiaobo etc.From the different perspectives, they judge the Chinese constitutional spirit of the times is in contrast to the standard constitutional jurisprudence. This article stands in the neutral position. The theoretical origin of Chinese political constitutional jurisprudence and theory of foundations are analyzed, and the value and the practical difficulties have thought deeply. The full article is divided into four chapters.Chapter One discusses the origin of Chinese political constitutional jurisprudence.It mainly describes the background of the production of Chinese political constitutional jurisprudence.lt shows a fact from Xin Hai revolution history, that is western constitutionalism did not play its due role in the process of constructing of a modern China, but it is the"revolutionary politics" to save the national crisis.Even at present in the process of reform and opening-up, the constitution also cannot determine their status higher thanactual politics. Moreover, the political constitutional jurisprudence in theory should be relative with political jurisprudence and constitutional politics popularly in Europe and the United States,from which it find the resources of the western theory.Chapter Two summarizes the theoretical logic of Chinese political constitutional jurisprudence. Chen Duanhong put forward the constituent power as the knowledge boundary of constitutional jurisprudence, which provides a basic theory for the political constitutional jurisprudence, and the Gao Quanxi explains the constitutionalism growth from the standing of the historical perspective. This chapter summarizes the main view of Chen Duanhong, Gao Quanxi as the representative of the political constitutional jurisprudence school,and make it more logical and systematic.Chapter Three discusses the value which the chinese political constitutional jurisprudence contains. This chapter stands in the chinese political constitutional position, and extracts ethics and nationalist political thought that is contained in the political constitutional jurisprudence by explanation throught the argument.Chapter Four puts forward the practical problem of the chinese political constitutional jurisprudence. The chinese political constitutional jurisprudence is on the basis of the people’s sovereignty theory and constituent power, but these theories encountered the difficulties,such as the form of people are uncertain in reality, constitutional moment is difficult to determine, the constituent power and constitutional stability power are conflictFrom another aspect, which reflects the theory of the Chinese political constitutional jurisprudence is not solid, and have no guidance on the reality.