A Study On Constitutional Construction In China

So far more than a century Qing constitutional, after several vicissitudes of Chinese society, constitutionalism has not yet reality, but an exploration and pursuit of the goal, great achievements in reform and opening up today, the constitutional reform is not to become dispensable, on the contrary,become more urgent constitutional reform, China peacefully into the constitutional track meet every citizen's interest.This paper reviews the constitutional history, followed the path of constitutional transformation, again both from the discussion of democracy and checks and balances, and finally future prospects of China's constitutional transition.The first chapter discusses the transformation of China's constitutional background and historical background of the world.Modern constitutional parliamentary system began in the United Kingdom, by reviewing the history of the British Parliament, you can summarize the two basic principles of modern constitutional democracy and checks and balances.With the development of history, democracy and checks and balances has been greatly enriched the meaning of democracy by the majority decision initially developed to electoral democracy and coexistence of multiple forms of participatory democracy, checks and balances from the initial development of parliamentary supervision of the king and later the establishment of judicial review untilpower of today's society (including media power) of colonization.The second chapter discusses the constitutional transformation of China's path of choice.First describes the reality and the problems of our system, then examine the constitutional transformation of France and the United States model of democracy and the checks and balances to proceed with draw conclusions, and finally points out that China should also take this path, but stressed the importance of democracy and constitutional transition.The third chapter discusses the path of democracy-building, first set out current situation of our system, and then were from the representative democracy and participatory democracy are the two aspects described.On representative democracy, reviewed the theories and practices of Western, on behalf of the Election Law and the revision of comment on the direction of further improvement.On participatory democracy, on the theory that freedom of expression and due process, and learn from the U.S. experience in the development of participatory democracy, put forward the development of participatory democracy initiatives.The fourth chapter discusses the construction of checks and balances on the path to a variety of checks and balances, but the most important number of courts to judicial review of legislative and administrative, France and the United States is the country representative of two legal systems, the French established the first administrative proceedings, the United States firstestablish the constitutional review, the two countries has considerable experience in judicial review, it is our reference.Administrative Litigation has not been fully play its due role, constitutional review has not been established, we should further improve the administrative litigation system, as soon as possible to establish the constitutional review system.The fifth chapter discusses the transformation of China's constitutional future.Although the Soviet Union should learn from the lessons, but the experience of Russia's political transition is more we can learn from China's constitutional transition, not only will not split, but will help Taiwan's peaceful reunification.In the ruling and opposition parties recognize the constitutional interests of the nation and the people of the situation, the Manchu nobility based on their interests, to delay constitutional reforms, and ultimately lost the best time to take the initiative to reform, China's failure to take active measures immediately led constitutional reform, even iftemporary and violence through propaganda machine to maintain its rule, the creativity of people will die of suffocation due to institutional repression, the country's overall strength will certainly exhausted by internal strife and ultimately return to disorder in the loop may not only historical periodlaw, may also face the threat of national subjugation and genocide.