On Constitutional Configuration Of The Social Interests

This paper discusses closely around the central proposition that Constitution is the institutional arrangement of diversified social interests. According to the article, The constitution has the basis function of configurating the social interests. This is not only a constant clue in the history of the development of the constitution, but also a beneficial enlightenment what social life brought us. Not all of the social interest should be configured by the constitution, the constitution only configure the social interests which relate to the survival of an unitive political community or benefit to an enduring social order. When facing with the political power of arrogant and the blind action of the market economy, the society may need the protection of the state from the system to ensure the interests of its own independence, so as to deal with all sorts of abuse. The benign development of the society need to keep the balance of the interests of various social classes, the benign development of the society need to reserve an unhindered self-organizing space, the benign development of the society is also more in need of real security in accordance with the fundamental rights of social organization and orderly operation.In market economy and democratic politics increasingly in-depth development of China at present, the state need equilibrium configuration of social interests within the framework of the rule of law.Constitution is the ultimate basis of social interest configuration, and constitutionalism is an effective strategy to balance social interests. Therefore, our country need to safeguard a relatively stable social structure and ensure that it can update timely from the aspect of constitution, our country need to allocate balanced interests groups for the society, and our country also need to obligate itself autonomous system space for the society and areas for action. What's more, the society should be granted more basic rights so as to restrict the expansion of political power and market monopoly. The main interests of social development need, institutionalized in the constitutional text is the social basic system, basic rights system and the guarantee of operation of the social organization. This also constitutes the basic pattern of the constitutional configuration of social interests. The cultural sense of the constitutional configuration of social interests lies in that, the traditionally social benefits arrangement mechanism which dominated by unified authority,should be gradually transform to another mechanism of social interests configuration which are according the principles of democracy and the rule of law. China's current social interest equilibrium configuration in addition to the constitution should make full use of existing resources, we need to focus on solving the problem of social organizations de-administration, we should also be alert to the political power beyond it's boundary which lead to excessive infringement of social autonomy.The basic thoughts and concrete structure of this paper is as follows: The introduction part first reveals the equilibrium configuration of social interest is the strongest voice in today's China.This is also the objective requirement of improving the ability of social governance and improving the level of management. The article summarized points out that the current imbalance of social interest allocation is a structural problem. People who possess the power and the resources of special interests monopolized the main social benefit relying on the old system. The formation of barriers and barriers guarded vested interests become to be the current biggest obstacle to further deepen the reform. In the process of social governance through good management to nice governance, we must take the constitution as the highest criterion and think constitutionalism as the implementation of strategy, so that we can abolish the vested interests to damage the interests of the public for the benefit of small unreasonable pattern of interests within the framework of the rule of law, meanwhile we can Strengthen the social ability of self-organization.The first chapter is the default theory of the constitutional configuration of social interests. This chapter aims to preset some basic theory of the constitutional configuration of the social interests. The first section in this chapter will first explain the rich tensions of "social benefit", and limit the concept to this paper's domain, so that to clarify its connotation and denotation. Next, the author from different angles such as history and reality demonstrated the relationship between the social interest and the constitution, and points out that the constitution has the basic function of configurating the social interests. Then based on the investigation to the constitutional text in the second quarter, the author analyzed the basic pattern of social interests which the constitution configurated.This paper points out that the main social interests which need to be configured by a constitution and the contents of the constitutional system has great consistency. The basic social system stipulated in the constitution confirmed the basic structure of the society and the main interest groups. The provisions of the constitution of basic rights, presupposed the laws of the social living space.The part of rights remedy and implementation for the operation guaranteed by the constitution provides the social organization with a fundamental law norms. The third section has discussed the constitution guarantees the interests of the society. The summary of this chapter reveals the interactive relationship between the social interest gaming and constitutional change.The second chapter is the history of the constitutional configuration of the social interests. The paper points out that configuration for the interests of the society have some superficial differences during the different period of our country because of the changes of the centralized symbol, but the traditional legal culture of the social interests configuration and arrangement dominated by the authority of the unified main body is a consistent phenomena. In the era of personal centralized monarchy, even until the early years of the republic of China, our country always configure the social interests classes based on the basic law or the constitution of organization the state and society, and set the legal living conditions of people and society, and also arranged the social living space. This is also the cultural roots of China's big government small society situation and social organizations returning atrophy. The division of historical periods in this chapter serves for relevant argumentation. The first section mainly from the feudal monarchy era and the late Qing and early republic period of social transition these two period of time, While the second quarter discusses the period of time from the Kuomintang (KMT) rule established to the end of the Nanjing National Government rule in mainland China, the constitutional configuration of the social interests after the founding of the People's Republic of China has been divided into two periods before and after reform and opening up.The executive summary of this chapter highlights China's traditional social interests allocation dominance by unified authority.The third chapter is the reality hardship on constitutional configuration of the social interests. The first section in this chapter points out the tendency of China's current power generalization and social contraction and its performance. The author expressed his concerns of power collecting in the name of social construction which may exacerbate social contraction. In the second quarter, the article analyzed the prominent current problems of social organization's administrative tendency, and also discussed our China's society organizations whether independent or not. Based on the above, this paper try to parse the social reason and harm of social organization's administrative tendency. The third quarter reveals that the tendency of reconstruction of the total power in social construction does not comply with the time development trend, and political integration cannot replace social self-renewal. So, configuration of the social interests should focus on society and the interaction between state and market. The summary of this chapter gives a certain understanding of advantages and disadvantages of the ruling party function of integrating the social interests.The fourth chapter is the constitutional configuration way of balancing social interests. Based on the theory and historical analysis of the previous section, and combining with the reality of imbalances of the social benefits allocation, the author try to explore the way of equity on constitutional configuration of the social interests. This chapter argues that the constitution contains the balance of the social interest allocation principles, the constitution is the highest legal basis of evenly configurating the social interests and constitutionalism is an effective strategy of equilibrium configuration of social interests. We should make full use of current constitutional resources of configurating the social interests, and actually utilize the function of constitutional configurating the social interests. In the process of equilibrium configuration of the current social interest, we should take de-administration of the social organizations as an effective breakthrough, and clear the Power of Grey Area. We should always alert the power crossing its border to excessively infringement the social interests, and constantly strengthen social autonomy in order to foster civil society and active society, so that we can restrict power expansion and market profit squeezes the space of social autonomy.The conclusion part of this paper responded to the voice of the introduction. On the basis of summarizing the full text, the author appealed that we should evenly allocate the social interests according to the constitution.