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Constitutional Resnonse To National Governance

Posted on:2019-08-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z YangFull Text:PDF
GTID:1366330545452964Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The proposal of modernizing the country's governance and governing the country according to the constitution fully demonstrates that the constitution,as an important institutional resource for carrying out state governance,will play a central role in the process of modernizing the country's governance.State governance is a classical topic,but it is also a topic of modernity.As a time dimension and a history-value category,modernity originates from the development process of the western rational enlightenment movement and modernization.From the morphological point of view,modernity is characterized by the political-economic system and knowledge that humans have in society since history.The omni-directional transformation of the concept system and the individual-group psychological structure and its corresponding cultural system is a kind of "human subjectivity" formed after human society has "disassociate" from the natural regional connection.Based on the rationalization of the public cultural spirit,social development model and institutional carrier.The motive or essence of modernity is a process of"struggle for recognition".That is,the acknowledged politics that has arisen in the political and cultural realms of the world today.Its inherent logic and history is that a enslaved and oppressed person strives for independence and is recognized as free.The history of the subjects of equality and equality,the order that this process ultimately leads to is constitutional politics.Therefore,the birth of the constitution as a landmark event for the transformation of traditional society into modern society undoubtedly follows the logic that only constitutional politics can shoulder the major mission of modernizing the governance of the country,from non-constitutional politics to constitutional politics.Transformation is a major improvement in the pursuit of political life for mankind and the most fundamental institutional approach to the modernization of state governance.The democratic constitutional constitution is actually the goal of modernizing the country's governance through the establishment and guarantee of basic human rights and the rational arrangement of state power to ensure its justification.For contemporary China,as the "fifth modernization" following the four modernizations of industry,agriculture,national defense,and science and technology,that is,the proposal for the modernization of the country's governance system and governance capacity,the modernity is still an unfinished business for contemporary China.Undoubtedly,it bears the arduous mission of integrating modernity,that is,the logical transition from a development-oriented country that focuses on economic performance to a harmonious national governance that focuses on the value of social justice,and that is based on the organization-led regulation that is led by political parties.The single governance model will be transformed into a comprehensive governance model based on the institutionalized control of cooperation and governance between political parties,emerging social organizations and market organizations.Of course,the realization of the modernization of state governance requires the constitution to respond effectively.Judging from the logical premise of the constitution,there are many types of human constitutions in history,but only a democratic constitution that aims to protect human rights and limit public rights is a civilized and progressive constitution that truly embodies the spirit of modernity.From the perspective of the development of constitutional politics,after the constitution is established,only through self-adjustment,transformation,and improvement can we comply with the progress of political civilization and realize the goal of modernizing the country's governance.The history of the constitutional development of more than one hundred years since modern China has proved that only when the true importance of the fundamental role of the constitution in ruling the country in managing state affairs can create national identity.Of course,there is no constitutional order in the constitution.The constitution as a product of modernity and an important institutional resource for ruling the state and governing the country,how to move from text to reality,and realize the harmony and harmony between the constitution of the concept,the text constitution,and the actual constitution,thus constructing An excellent modern constitutional order is the key to the constitution's response to the modernization of state governance.In this regard,systematic analysis should be done.It needs the modernity theory of national governance,the dilemma of national governance in the perspective of modernity and the outlet for change,the modernity of constitutional changes and the constitutional resources of national governance,the modernization of state governance,and the constitutional order.The issue of value coordination and the existing institutional and ideological resources in China are inspired by the constitutional order and are analyzed from the following aspects:First of all,we need to discuss the issue of the modernity theory of national governance.First,by analyzing the meaning of modernity and exploring the evolution of western modernity theory as a frame of reference,we will clarify the basic conditions existing in the historical process of the transition from China to modernity and the complex modernity issues that emerged in contemporary Chinese state governance;Exploring the modernity interpretation of national governance and the constitutional significance of modernity in the national community proves the necessity and feasibility of studying the constitutional response to state governance in the perspective of modernity.Second,we need to explore the dilemmas of national governance and the thinking of reform in the perspective of modernity.First of all,from the perspective of modernity to explore the dilemmas and causes of national governance in transitional China,after deciding that the perfection of institutional identity is the most effective way to overcome difficulties,it focuses on an analysis of the value connotation and form of institutional identity and institutional identity.The macro-oriented issue of the constitutional response.Third,we need to analyze the constitutional basis of state governance and its evolution.First of all,from the origin of the constitutional conception and the modernity of the western constitution to the perspective,the evolutionary history of modern constitutionalism is analyzed.Focusing on the difficulties encountered by modern liberal constitutional views of the individual rights standard,exploring the contemporary constitutionalism towards cultural communion inspired the constitution and constitution of the late-coming countries;secondly,it passed the constitutional system since modern China.The analysis of historical development of the movement shows that although China's constitutional theory originates from the West,it has its own uniqueness.It requires in-depth reflection to clarify the basic features of the Chinese constitution in the governance of the country;finally,it thoroughly analyzes the evolution of the democratic function of governance in the country.Trends with constitutional responses.Designing democracy is the basic function of the modern constitution.Modern state governance is essentially democratic governance.With the unbalanced commitment of representative democracy and the rise of democratic public functions,the development of the constitution will increasingly focus on the regulatory function of mutual respect,which will provide effective institutional resources for state governance.Finally,it is to combine the above analysis results to explore the realization of the modernization of the country's governance and the modern constitutional order.The proposal of modernizing the country's governance and advancing the country according to the constitution indicates that the path for modernizing China's governance in the future lies in the realization of the modern constitutional order.First of all,it discusses the issue of value coordination between state governance and constitutional order.From the analysis of the relationship between the state and citizens in modern state governance,it is concluded that establishing a good and lasting relationship between the state and citizens is the key clue to discuss the value orientation of the modernization of the country's governance,and further analysis of the implicit value conflicts of the current constitution in China.,namely the protection of human rights and the maintenance of power,traditional and modern,universal and national issues in-depth analysis,in order to clarify China's difficulties and difficulties in the realization of the modern constitutional order;secondly,China's approach to the constitutional order to achieve.By establishing the constitutional value with basic human rights as the core,strengthening the human rights protection obligations of state organs,and perfecting the constitutional supervision system with Chinese characteristics,we can realize the method of inspiring ideas from the fit of the Chinese national spirit's modernity and modern constitutional order.The modernization of the country's governance constitutes an excellent modem constitutional order,thus ensuring that the constitution can effectively respond to the requirements of the era of modernization of state governance in the perspective of modernity.
Keywords/Search Tags:Modernity, Modernization of State Governance, Institutional Identity, Constitution
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