Official Powers Of Head Of State In View Of Function

Head of state as a system of representing sovereignty is the partof democratic politics. But the appellation of "head of state" is nota invention of modern politics, there were also the appellation in eastancient countries and west ancient countries. However, head of statein antiquity is different far from it in modern times. The maindifference is their function. This article introduces the functions ofhead of state in antiquity and in modern times in the first part.The function of head of state in antiquity inferences people torecognize the function of head of state in modern times to someextent. The function of head of state in antiquity is comprehensive,and the official powers are all-round. Democratic politicstransformed the dictatorship. The base of political legitimacyexchanged from "the powers of monarch comes from god" to "thesovereignty of a country belongs to people". powers-separatedreplaced the dictatorship; representative system replaced family dynasty. Head of state in modern times burdens a function ofsymbolizing sovereignty in democratic politics. Yet, head of state insome countries coincides with other position, for example, thepresident of America, head of state is just one of his positions.Therefore, people will be interfered when they recognize the systemof head of state. Especially, there is a classification, which useofficial powers as stand, namely head of state with all powers andhead of state with unoccupied powers, mixed up official powersbelonging to different positions. The classification neglects thefunction of head of state in modern. This paper takes America,France, Britain for example to analyze the official powers of head ofstate and deny that classification. Official powers of head of statewith the function of symbolizing sovereignty don't exist thisclassification. In fact, those official.powers of so-called head of statewith all powers belong to different positions. Without the guiding offunction, people are easy to confuse the official powers of head ofstate and get a wrong conclusion.In addition, every country has its head of state, and we think ofour country's head of state. Yet, there is no the stipulation about headof state in our constitutional law. But the chairman of PRC is treatedas head of state of our country in international association, and weoften found that media call the chairmen of PRC head of state. In the three part of this paper, I study the function of the chairman of PRCon the basis of official powers of the chairman of PRC andconcerned discussion to get a conclusion about the quality of it.Author believe that the chairman of PRC is head of state. On thebasis of that, the paper put forward some questions on officialpowers of the chairman of PRC, such as whether the chairman ofPRC have the power to promulgate amendments to constitutionallaw or not, the chairman of PRC nominate prime minister which hasnot constitutional basis, what is the meaning of the term of "makingnational affairs", which is added when current constitutional law wasamended in 2004. For the purport and length of this paper andauthor's studying ability, I just give a simply suggestion to thoseproblems mentioned above. I will follow with those problems infuture.