Research On The Techniques To Establish Constitution

The constitution-establishing technique, quite different from legislative techniquesand constitutionalism, as its name implies, is a combination of a series of techniques and methods , including constitutional objective and guidance, constitutional occasion and process, constitutional language and additional techniques, etc. when one country constitutes and consummates the constitutional law.The instructional principles of the technique to establish constitution are principles of value, politics and procedure. Modern political principle known as popular sovereignty, settles the problems of political motive and justice. Modern procedure principle, known as reasoning procedure, solves the procedure of setup and justice. Political principle and procedure principle, the main body of constitutional system, fulfill the efficiency of the value principle in the public area. The rules of value, politics and procedure reflect humanism and freedom, popular sovereignty and procedure justice respectively.The constitution-establishing technique consists of a series of factors such as constitutional objective and guiding, constitutional procedure, constitutional language and additional technique. Constitutional objective, analyzing how to constitute the constitutional law, is quite distinct from the political objective.Constitutional procedure, comprising four stages ?putting forward constitutionalism, placarding the constitutional draft, resoluting the constitutional act and complementing the constitutional law ?is the process applied to the constitute and consummation of the constitutional law.Form late Qing Dynasty when the first constitutional law of China appeared to the Kuomintang' period, several constitutional laws were constituted all more or less with blemish in constitutional technique. Influenced by the Soviet Union, the constitution of the new China actually was a political manifesto and declaration of political idea and policy of the CCPC. Political language features greatly in the constitutional law and to a certain extant it is an enchiridion of the political policies of the CCPC. The constitution constituted in 1982 and the following four amendments all to a certain extant have deficiencies in the aspects ofconstitutional objective, guiding, language and additional technique.The definitude of the constitutional objective and mission and developing a proper relationship between political task and constitutional objective are the initial stapes to perfect the constitutional technique of China. In the meantime, concrete and feasible regulations should be constituted to the aspects relating to the fundamentality of the constitution, proper relationship between policies and constitutionalism is required and the guiding of the policies and the perfection of the system are necessarily be perfectly combined.