On Mancur Olson's Constitution Theory

The paper puts emphasis on Olson, the west scholar, and the constitution-related theory which is very brief, constructional one influencing gravely the west and not regarded enough by the China's jurisprudential circles.The contract theory cannot explain effectively how the state power originates, while it is only one theory dissertating the legitimation about the country's existence and function. From the rational individual, Olson thought that the state power was the logic result, the rational individual used private power (force) by the way of pursuing its own maximal benefit. In nature autarchy is the fixed stationary bandit. The country's revenue and the supplied public goods lie on thinking of the archon's maximal benefit, not the moral aim. The archon in the democratic country possesses of more inclusive interest than the autocratic archon has.Through the vote's free competition the key to democracy gains the government's controlling power. The obstacle to establishing the democratic system is the conflict between the group rationality and the personal rationality. Acquiring autocracy is the best choice the individual or the organization seeks its own maximal benefit. While the democratic system's establishment is the typical collectivity's action and faces the collective action's dilemma, that is, establishing democracy is the best choice for the whole members, but to each individual it is not the best choice fighting for democracy, so the individual will not fight for democracy. The democracy's emergence comes forth the force resource's dispersive and balanced state by history's accidental event, and any power subject cannot conquer the other subject, then establish the autocratic dominion and be small autarch. At this time if the collective action's plight could be overcome and the power can be enjoyed by the way of democracy, the democratic system comes forth. The democracy's maintenance needs the effective power- restricting system. Through Olson- pattern's unscrambling of the democracy in the ancient Athens and Rome and the neoteric England's constitutionalism, the history is explained again and Olson-theory's explanation is verified.The real right means one right that the country and others shouldn't and have no capability to invade optionally. In the realistic world right is never self evident and endowed by the God, and while right is that the powerful people battle the absolutist, and then get right from them. The power fixes on the right's scope and extent. Much right were the special rights a few powerful people enjoyed at first ( e.g. the England aristocrat enjoyed property right), and after the neoteric constitutionalism was established, rights were enjoyed by all people slowly and became the universal human right. Moreover on the other hand the respect for the individual right helps to the long democracy.There is an attempt to explain the chaos and circular dilemma in the China's history by the Olson's theory. It reviews the theory's understanding of the China's problem. We cannot break through the chaos and circular dilemma. The collective action's dilemma problem is also the cause key that he neoteric constitutionalism cannot be produced by itself.The Olson's theory can bring our constitutionalism research one new theory-support and suitable microcosmic analytic demonstration's analytic tool in order to improve our constitutionalism research level and get more understanding theory in many fields.