New Research On Essence Of Constitution

Some objective laws should to be ascertained in the retrospective study of the process, in which human's understanding of constitution is ever deepening, associated with the historical evolution of the concept of constitution, to be an aid to continue the search for the essence of constitution. According to the varied characteristics of the concept of constitution in different historical stages, this concept can be broadly split into three basic types, ancient constitution, modern constitution and contemporary constitution. It can be called ancient constitution in the prolonged history before the first written constitution of the world was promulgated in North America in 1787; the democratic constitution during the period between the promulgation of the world's first written constitution and the establishment of the world's first constitution of a socialist type in Russia in 1918 is considered modern constitution; After the Russia's socialist constitution, economic and cultural system, social welfare, social coordinated development was written in constitution and this is contemporary constitution. Through the comparative study of the three types, the characteristics of the historical evolution of the concept of constitution can be found as the following:a) the update system of government developing out of nothing, such as the regime change in ancient and modern time was carried out by war, but at present smooth transition of regime change can be realized through reformation;b) system of government gradually developed from autocratic monarchy to democracy;c) that the development of economy and culture subordinated to politics transforming into a new situation in which the government services economic and cultural development ;d) the search for the essence of constitution heading to the outside of government but still wandering in the realm of politics.The social organism was an important theoretical viewpoint of positivistic sociology in 19 century, and it's also a materialistic dialectic history view. Social organic theory pronounces views on regarding society as an organism-similar complicated system——the social organism is a whole constituting production-practice based social levels and organic-connected but interacted social factors and relationships. Through the study of the three levels of the social organism--physical form, social relation and social practice, a three-level law of the development of the social organism can be found as below: at micro-level, socialization of production determines social entities constitute; at meso-level, social consciousness determines political system facilities, while political system facilities always deviates from the requirement of social consciousness and is counterproductive to economic foundation; at macro-level, social production determines political management, and political management is counterproductive to social production. The characteristics of the development of the concept of constitution coincide with the law of development of the social organism which provides us with a best lead for the search of the essence of constitution. To meet with the requirement of the development law of social organism, social consciousness determines political system facilities, which fundamentally means that government consciousness must infinitely close to social consciousness, for movement consciousness is directly guiding the government to be established and to run; while constitution is the cardinal principle for government's establishment and running. Therefore, constitution equal to government consciousness and constitution is the state expression of social consciousness, which is the real essence of constitution. Social consciousness is always in a constant updating state, and human's understanding of the development rules of nature and society is deepening with the day passing, which means constitution should keep updating in the pace of social consciousness(in a short period of time constitution keeps steady). Then, the degree of constitution infinitely close to social consciousness becomes one yardstick of constitution's scientificalness. The micro-level and macro-level development rules of social organism are another two standards of constitution's scientificalness but with some limitations.