Research On The Function Of Constitution In The Transformation Of Society

The function of constitution is one of the basic research of constitution, it is important in the constitution academic theories system and the embodiment of the character of constitution relate to the right understanding of it. It is helpful to understanding and grasping the constitution value through the research to the function of constitution. The constitution as a kind of special political law phenomenon is relatively independent. The constitution has the character of positive activity and distinctive development rule and it influence on other social phenomena. The function of constitution is exactly the body of this positive activity. We not only could find the shortage of constitution in the interactive process which exists between constitution and other social phenomena, but also the way to overcome the obstacle in the process of carrying out constitution when we do the research to the function of constitution from "what to be" to "what it is". Social transformation is a field of social science which win much attention, whether history, political science, economics, or sociology, philosophy, law, they all research on the social transformation from themselves perspectives. Social transformation is dynamic process from traditional society to modern society; it is unification between continuity and non-continuity in the history process. And transformation of society with a characteristic of process is a special social condition between traditional society and modern society. Since the reform and opening up, China is in the rapid social transformation period. Contemporary Chinese society contains characteristics both traditional society and modern society, it shows a conflict between traditional factors and modern factors, it is a condition that "old have already be broken, while new have not be made" in the process of transformation from old to new social paradigm. With the continuous progress of constructing rule of law and putting forward the "rule of law", the statue of constitution is increasingly strengthened in the political, economic and social life. Under the context of social transformation, understanding the function of constitution correctly in the transformation period and how to put it into practice sufficiently have been a major issue needed to be solved. Thus, research on the function of constitution and its related problems has significant theoretical and practical meaning. The paper contains for parts:Chapter 1 discusses the basic theory of the function of constitution and social transformation. The text firstly defines the function of constitution as the influence on other social phenomena based on the inner structure and value of itself and distinguishes the function from the role of constitution using the research method of legal sociology. And then, analyzing related factors which affect the function of constitution, it includes the constitutional value, the structure of constitution and the notion of constitution. Under the guidance and reference of understanding for social transformation from the perspective of sociology and social philosophy, it explores the conception of social transformation from the perspective of law. Based on these, it analyze the conception of social transformation. After that, it discussed the mode of social transformation from different standards and gives a review the historical characteristics of Chinese social transformation, and then it analyzes the characteristics of Chinese social transformation further, namely, coexisting differentiation and conformity in the social field, coexisting lose and reconstruction of social rules, coexisting conflict and amalgamation of social notion. Then, it hackles the general relationship between social transformation and the function of constitution.The second chapter gives a center of gravity orientation to the function of constitution in the social transformation period. After analyzing social control theory, legal positivism, legal pluralism, legal instrumentalism, structural functionalism and legal theory of Marxism, it finds the jurisprudence basis for the function of constitution. And then, taking country and social relationship as analysis framework and research methods, it gives an orientation to the function of constitution and expresses that constitution has the function of social transformation firstly, this function embodies the reconstruction of social system. After that, it analyzes the function of constitution regulating national power, guarantying democracy and human rights, conforming, guides, safeguarding and promoting the development of law. The third chapter discusses the function of constitution in the social transformation period. It analyzes the specific function of constitution in different fields in Chinese transformation period. Firstly, it divides social transformation fields into economic, political, cultural, and narrative social fields. Secondly, it analyzes the relationship among development of constitution and social transformation in different fields based on summarizing social transformation, political transformation, cultural transformation and narrative social transformation. Thirdly, it analyzes constitutional economic function, constitutional political function, constitutional cultural function and constitutional social function in the transformation period, and it especially emphasizes constitutional social function.The fourth chapter discusses the realization problems of constitutional function in social transformation period. Firstly, it hackles the general problems of realization. It explains the necessity of constitutional function. Secondly, it analyzes the condition of realization for constitutional function, and points out that, in order to transform from "what to be" to "what it is", constitutional function needs its own perfection, a good external social environment and the practical implementation for constitution. Thirdly, it expatiates the process of transformation from "what to be" to "what it is" in the aspects of moving orbit and guarantee mechanism. Through analyzing and discussing the process, it points out the main obstacle of function transformation is limitation of constitutional structure, lag of constitutional conception, ineffective supply for constitutional function system. Fourthly, based on these, after analyzing the status quo of realization of constitutional function, it finds specific factors and explores specific way to solve the realization problems of constitutional function in China.