On The Value Composition Of The Preamble Of Constitution

The preamble is undoubtedly an indispensable part of the constitution.In the constitution structure,the preamble has its own characteristics and plays a particular role.For a long time,the value structure of the preamble to the constitution has not been thoroughly studied by the legal circle of our country.The preamble to the constitution,as the original and centralized product of the sovereign people exercising their constitutional power and making political decisions,contains abundant values.The value structure of the preamble to the constitution originates from the people’s constitution-making activities and embodies the people’s supreme will and fundamental interests.Such will and interest are first presented in the form of constitutional goal and form a certain value structure.Once the preamble value is constructed,it will change and develop in the interaction of citizens,the society and the country.The value structure of the preamble to the constitution is in dynamic adjustment through vicissitude and its effect or function also changes accordingly.The preamble to the constitution of major western countries is constructed by the mode of "people subject + value goal",which reflects the value structure of the preamble to the constitution with "liberalism" as the core value.However,the preamble of China’s constitution takes socialism as the core and forms the value structure mode of "pluralistic coexistence" composed of "historical narrative + basic national conditions + fundamental tasks + basic state policies + status and effectiveness".From the contrastive perspective of the value structure of the preamble to the constitution,the preamble to the constitution of western countries generally establishes the individual freedom or dignity,equality,democracy,the separation of powers(both vertical and horizontal separation of powers),autonomy(including social,national and local autonomy),the rule of law,justice,and so on as the basic elements of the value structure;while the preamble to the constitution of China establishes socialism,leadership of the Communist Party of China,the people’s democratic dictatorship and the guide of Marxism as the basic elements of the value structure.In the new era of comprehensively advancing the rule of law,improving the socialist legal system with Chinese characteristics with the constitution at the core and building a socialist country under the rule of law,we must strengthen the implementation and supervision of the constitution,abide by the basic values of the constitution and uphold the supremacy of the constitution.In the face of the practical need of further improving and sublimating the preamble of China’s constitution in the aspects of structural elements,structural texture,structural mode and structural function,we must continue to improve the value structure of the preamble of China’s constitution in the practice of people’s reform and innovation.To put it specifically,contents based on people’s innovation practice and fully reflect the common value goal of the people should be included into the preamble to the constitution,by adding,deleting,adjusting and modifying to constantly optimize the value structure of the preamble to the constitution,thus establishing a value structure of the preamble to the constitution in accordance with the requirements of the people in reform and innovation practice.Additionally,the mode of the preamble to the constitution should be innovated and improved.Since the rise of modern constitutionalism,the constitution has generally established the value structure mode of "people subject + value goal" in the preamble to the constitution.The preamble to the constitution takes the people as the principal part,and solidifies the common value goal of the people in the preamble to the constitution through the constitutional power,so as to reflect the people’s political ideal and aspiration for a better life.Under the leadership of the Communist Party of China,the preamble of China’s constitution managed to build a value structure mode characterized by "historical narrative + basic national conditions + national tasks + basic policies + status and effectiveness".Such structure mode with distinct Chinese characteristics,embodies the essence of the times,carrying “the style of China” in the history of world constitutionalism and constitutional governance.To further optimize and perfect the value structure mode of the preamble to the constitution of the country,we must establish in the basic national conditions and the culture of constitutional governance of our country,conform to the main trend and general trend of the world constitutional change,and learn from the reasonable core and positive factors of the value structure mode of the preamble to the constitution of "people subject + value goal".Related to this,to improve the function of the value structure of the preamble to the constitution,we must also strengthen the system and mechanism of the implementation of the constitution in China,especially the constitutional supervision system and mechanism,and focus on the construction of the judicial review system with Chinese characteristics.Only in this way can we form a value structure of the preamble to the constitution more abundant and diverse in value structure elements,more reasonable and optimized in structure texture and more effective in structure function,so as to promote the realization of the value of the constitution of our country and build a constitutionally governed country with Chinese characteristics.