Constitutional Thinking About Improvement Of Our Country's Income Distribution System

In recent years, China's economic developed rapidly, while people's overall standard of living improved significantly, also appeared the widening gap of income differences phenomenon, a variety of conflicts of interest continue to occur. There are many prominent problems in the income distribution system. Premier Wen Jiabao said in his government work report in 2011: to solve the "big gap between income distributions" problem, we must "accelerate the formation of a reasonable pattern of income distribution" during the "twelfth five year "period.The income distribution system's discussion angle has many kinds, the discussion scope is also very widespread, previous studies focused on Economics, Political science, Ethics and Sociology. This paper argues that income distribution is not only an important issue in these disciplines, but also needs to be seriously studied in the field of the constitution, therefore, this income distribution system will rise to the height of constitution, studies from the perspective of the constitution, by the use of multidisciplinary research and literature research methods, start from the analysis of the income distribution system and study the basic theory of the constitution and foreign constitutional text, theory with practice, conducted the thorough research on aspects of the status of the income distribution system, the reasons for the widening income gap, and improve income distribution system of constitutional principles and measures. This paper argues that fair is the value of income distribution and rational system. The constitution as the legal protection of the income distribution system, through to the basic economic system's confirmation and the citizen basic right's safeguard, has realized to the income distribution system's adjustment; while the fair and reasonable income distribution is an important condition for implementation of the constitution. At present, China's income distribution, in general, has the problem of big disparity, As follows: industry income gap, rural-urban income gap and regional income gap significantly, display as follows: The profession income differential is disparate, city and countryside income differential enlarging, the region income differential are obvious. Larger gap of income distribution caused by the main reasons include: allocation mechanisms are inadequate, lack of supervision during operation; equal rights for citizens is not ideal, unfair allocation of resources; the government adjusts improper, the authority movement deviates from the norm; the benefit expression way is impeded, the citizen equality expression power lacks the safeguard and so on. Therefore, consummates our country's income distribution system from the constitution angle, must follow principles of fair and reasonable, balance of interests, and protection of rights, in addition, should also be protected from aspects of strengthen the judicial review, strengthen the function of constitutional interpretation, improve the legal provisions on income distribution, transformation of government functions and improve the interests of the expression mechanism, etc. This paper consists of four parts:Part one, the basic theory of income distribution system.The first is analysis of the meaning of the income distribution system. The first is to limit the scope of this paper in the personal income distribution. The second is analysis of the income distribution system in the two forms. Next, to definite the three constituent elements of the income distribution system. Again, to further study the three contradictions in the income distribution.Part two, constitution analysis of the income distribution system. First, described the relationship between the income distribution system and the Constitution. Recognize that the constitution is the legal guarantee of income distribution; Fair and equitable income distribution is an important condition for implementation of the constitution. Next, the theoretical analysis of the income distribution system's constitutional regulations. Understand the constitution's income distribution system in system level and the right level.Again, analyzed the constitutional text of china's and foreign income distribution systems and summed up the features of our constitution's income distribution system.Part three, now the main problems and causes of our country income distribution. Divided into four specific areas: First, describes the overall condition of the distribution of income. Second, analysis of the three outstanding issues in income distribution. Third, studies the income differential expands influence to the constitution order. Four, puts forward some of the reasons why income gap widening based on the angle of view of constitution. Among them, allocation mechanisms are inadequate, lack of supervision during operation; equal rights for citizens is not ideal, unfair allocation of resources; the government adjusts improper, the authority movement deviates from the norm; the benefit expression way is impeded, the citizen equality expression power lacks the safeguard are the four concrete analysis angles. Part four, constitutional ideas of improving the income distribution system in China. For the problem of income distribution system, put forward some principles and measures from the perspective of Constitution. Constitutional principles: the principle of fair and reasonable balance of interests and rights protection principles. Constitutional safeguards include: strengthen the judicial review, standardize the operation of power; strengthen the function of constitutional interpretation, specific principle of income distribution; based on the constitution, and improve the legal provisions on income distribution; transfer government functions, play the government role in the formation of a fair and reasonable pattern of income distribution; improve the interests of the expression mechanism, protect civil rights.