A Study Of The Democracy Inside Parties Under Constitutionalism

As the politics of Parties is the main form of national politics in the modern world, Parties control the development of the political society of a nation. The degree and the operation of the democracy inside Parties affect the political life of the nation and the whole social life. So, more and more nations try to put the democracy inside parties under the control of Constitution and laws.When rule of law and democracy become the direction of the development of the world, the democracy inside Parties under Constitutionalism should also be an important problem in the construction of rule of law in our country. However, the regulation of the democracy inside Parties by laws doesn't mean that everything of the life inside Parties should be regulated by laws. It means that we must build the legal basis for the democratic operation of Parties and improve the relationship between the operation of Parties and the construction of rule of law. And the system of the establishment of Parties, the system of delegation and the system of discipline should draw our most attention. As the rights of the members of Parties is the basis of the democracy inside Parties, we must study it more deeply to orientate Parties and the members inside the constitutionalism system, to use the rights better and to deepen the democracy of Parties. Among the rights of the members, freedom of speech and freedom of association are the most important ones and the understanding of the configuration and the limitation of the two rights that are pivotal to the correct understanding and usage of the rights of the members. There are other questions that we must answer in the study of the rights of the members, among which are whether the interposition of courts into the life inside Parties is permitted and how we should dispose the conflicts between rights. The theories and practices of other countries are very helpful in resolving these questions. But, as problems of China cannot be resolved only by learning the experiences of western countries, we must create on the basis of learning. That is, we should take the two codes as the point of breakthrough in improving the construction of the democracy inside Parties comprehensively.