The Authority Of Constitution

The Communist Party of China put forward the principle of administering the country according to rule of law in the 15th National People's Congress. We must emphasize the authority of the constitution in executing the policy. However, the government and other social organizations haven't attached enough importance to it since the establishment of the state. The frequent altering to the constitution shows that it is only an insignificant tool, being changed casually and being neglected. Looking back on the Chinese constitutional history of over 40 years, we can easily find that the constitution has been changed several times, and that neither persons nor national offices have violated the constitution. Therefore, there is not any suits about the executing of the constitution and also there is not any courts to adjudicate constitutional cases. Since the establishment of the state, no constitutional suit has appeared and no constitution procedural law has been set. This unusual phenomena illustrates that people have been neglecting the authority of the constitution and that authorities have been disregarding numerous events of violating the constitution and the civil rights.In the process of modernization and democratization of the world, people have paid more attention to establishing and defending of the constitution. In China scholars in constitution have made many efforts. But because of the lack of practice, it is very difficult to execute this principle. Personally, I think that scholars must do constitutional research from a new angle to solve the problem.First, I analyze the three forms of constitutional authority: natural justice---conceptual constitutional authority; supreme effect--- political constitutional authority; institutional insurance-- executing constitutional authority. Constitution authority is essentially the supremacy of civil rights. It originated from the concept of natural human justice. It is embodied as limiting governmental rights in politics and as supreme legislative effect in law. It is mainly because of the relationship between the Party and the constitution that the present constitution has so little authority. Therefore, the core of administering the country according to law is administering the Party according to law and the clauses about the relationship between the Party and administration must be definitely established.Now the chief problems in the relations between the Party and the constitution are as follows: the party in power doesn't respect the national legislature, even violates constitution and other laws; the party in power obstructs procurators and law courts from performing their official powers independently; the party directly performs the national rights. With the analysis of constitutional administration of other countries, it is obvious that legislating for the party in power is a means to solve the problem. The basic principles of it are defining the legislative position of the party and its institutions, formulating specifically the contents, boundaries, procedures and obligations of the party's leading right; standardizing the relation between the party and the state.Another reason of the short of constitution authority in China is that citizens lack constitution rights, especially peasants. So legislators should practically ensure peasant's constitutional rights as follows.1. Giving peasants the right of migrating freely and abolishing the registered permanent residence;2. Bestowing peasants the right of receiving education equally;3. Offering peasants full franchise and right to be elected, and making the rate of urban and rural delegate numbers equal;4. Returning peasants the freedom of organizing and reinstating the union of peasants. History has proved that peasants can surely create miracles as long as they acquire realconstitutional rights fully. Offering sincere constitutional concern for peasants is the ultimate method of liberating them. Constitution is the most sacred law to ensure citizens' basic rights and re...