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On Constitutional Authority

Posted on:2014-10-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:D K ZhuFull Text:PDF
GTID:1316330398955027Subject:Constitution and Administrative Law
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Chapter I The Basic Content of Constitutional Authority. Constitutional Authority involved three parts:(1) Public-will authority issued by Democracy. According to the idea, men are equal and the ruler come from the people, and own the trust by the people.(2) Rule authority issued by the Rule of Law. According the idea, the social governance is emphasized and the society should be developed under the rule.(3) Good government authority issued by the perfection of power, which emphasize the limitation on government and the shared governance of the state and society.Chapter ? The Routine of the Constitutional Authority in Western World. It is a common idea in China and western world that the state comes from family. The state is the mutation of family and the royal power is also a kind of the mutation of paternity. During the development of the western authority, the Christianism functioned a lot. The constitutional authority of the western world was founded in the course of denying the paternal authority. The theorists and revolutionists found the weakness of the paternal authority, criticized the dishonesty of the paternal authority, and make different explanation of the Christianism thought. They finally overthrew the paternal authority and established the foundation of the constitutional authority in western world.Chapter ? The Obstacle of Constitutional Authority by China's Paternal Authority. China's paternal authority is quite different from the western word. The Christianism tradition of western world dispel the function of family in the formation of the state authority, which is different from China. While the world view and of "Tian Ren He Yi"<harmony between man and nature> matured the natural characteristic of China's paternal authority. The difference determined the different destiny of paternal authority in different world. As a result, the constitutional authority does not fit the need of tradition and era, it could not be established and alternate the ancient paternal authority like it does in the western world. Chapter ? The Alienation of the Authority in the Early Days of Foundation of the PRC. In the early days of the foundation, the party controlled the society and found a government system by institutionalizing the society and establishing an "enemy" concept and cult of the leader. This led to an obtacle of the society transformation, and also formed the predicament of the party's dominancy.Chapter V The Predicament During the Society Transformation. The authority in the early days does not function well. The reform and opening-up and the mordernization of China changed the country a lot, it changed China's traditional social construction, and disintegrated the idea in the early days of the foundation of the PRC. The basis of the traditional society has been changed. We are now in a changing world, the party and the State need to seek a new transition of the generation of the authority.Chapter VI The Chinese Way to Constitutional Authority. In the new social transformation period, CPC have to transform and make the transformation of the authority, and it is the only way to hold the power. The paternal authority is an important method, but it could not be a target. It might be more important to take the constitutional authority as a guiding principle and find the state authority by constitutional construction.
Keywords/Search Tags:state authority, social transformation period, constitutional authority, paternal authority
PDF Full Text Request
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