On Constitutional Evaluation

Constitution is fundamental law of the state and guaranty of civil rights. Constructing country under the rule of law must run state affairs according to constitution. Constitution should be good one which relates to the field of evaluation. Evaluation has a trait of subjectivity, so different social people have various opinions of the same thing because of respective different standpoints and angles, consequently getting different results of evaluation. Constitutional evaluation is an important theoretical problem in the science of constitution. It indeed has profound theoretical significance and practical guiding significance in limiting state power, protecting civil rights, erecting constitutional authority and promoting constitutionalism construction for us to do well in constitutional evaluation. Because of historical reasons, in our country the research on constitution is valued inadequately and the monographs and articles on the theory of constitutional evaluation are still less. This article adopts the method that "destroying and establishing happens simultaneously "in writing technique with evaluating constitution, simultaneously advancing the author's own views. This article has the aid of general theory of the science of constitution and good law, and applies the methods of comparatively analyzing, value judgement, and logical thought to seek for the evaluation criterion that can be accepted by different people, thus providing theoretical support for amending or drawing up a constitution of China in 21 century and accelerating the construction of the socialist constitutionalism with Chinese characteristics. The full text has about 45000 words and is divided into five chapters. The main contents of all chapters are summarized as follows: Chapter one, basic theoretical problem of constitutional evaluation. This article knows the question of evaluation, understands the content of legal evaluation and then defines the conception of constitutional evaluation from the fields of life and philosophy. The article also clarifies the significance of constitutional evaluation in constitutional decision, civil rights and constitutional consciousness, discusses the criterion of the true, the good and the beautiful in constitutional evaluation, and advances views from the angle of constitutional evaluation. Chapter two, evaluation of constitutional forms. This article points out that constitutional forms service constitutional contents and that constitutional phraseology should meet the principle that can both illustrate the fundamental problem of the country and be convenient for state organs and common citizens to master. Constitutional structure should have a clear arrangement, close logic and scientific style. Chapter three, evaluation of constitutional value. This article first discusses constitutional value and then individually evaluates the constitutional state value, constitutional social value and constitutional legal value. Chapter four, evaluation of constitutional enforcement. This article starts from the conception of constitutional enforcement, discusses the political conditions, the economic conditions, the ideological conditions and self conditions of constitutional enforcement and meantime evaluates the acts and results of constitutional enforcement. Chapter five, constitutional evaluation and the constitutional development in China——the thoughts about some questions of amending Chinese constitution. The article indicates that in China in the future process of amending or making a constitution it is necessary for us to attach importance to constitutional valuation, meet Chinese national conditions, be of Chinese characteristics, promote constitutional development and impel constitutionalism construction. Finally, the article puts forward that in China the future good constitution should be possessed of such criteria as neutral value, people-oriented, restricted power, rational structure and legitimate procedure.