The Research Of Constitutional Convention

Open society is constructed and supported by the steady rules. Constitutional transition accord with social change and affect each other. We must research and examine"dynamic"constitution by one kind macroscopic, a more open field of vision, not limit the literal research and explanation of constitution. The different background and the linguistic environment have accomplished the diverse constitution theory and the practice achievement in various countries, no matter is the written constitution country or the unwritten constitution country, this also has provided the soil for constitution convention. The tension between the rule and reality is tight or is loose, but constitution conventions with the relative stability develop and change along with social development accordingly, displays its function and effectiveness, even are broken ending its"life cycle".The Chinese and foreign constitution scholar has discussed the constitution convention, and various theories are raised. Constitution conventions are titled by various names in a large quantity of western political and constitutional works. We can not discuss every constitution in one unified mode. The viewpoints of constitutional convention have diversity in China. The author thinks that it is a trend that constitutional convention is a part of our daily life. As time goes by and Constitutional practice are enriched, Chinese constitutional convention has been mature. Any tradition contains constructive theories, in this article, the author put the complex constitutional convention in order , reorganize them and analyze them in order to obtain some regular pattern in the process of constitutional convention appearing, developing and changing and some type of conclusions,and try to edit its history and reorganize constitutional convention by the constructed theory mode.This article contains four parts except the introduction:In chapter 1, the constitutional base constitutional convention exist on is proved by the relative constitutional principle; the concept of constitutional convention is defined; distinguishing standard is classified, the relation between constitutional convention and Constitution origin is distinguished, the occurrence mechanism and production environment of constitutional convention and its form are studied.In chapter 2, the situation of constitution developing and changing and the problems in the process is analyzed, which provide benefit for constitutional convention execution.In Chapter 3, effectiveness and function are discussed, the origin of effectiveness of constitutional convention and character are analyzed in detail and the function of constitutional convention is clarified to localize constitutional convention in the whole constitution system.In chapter 4, Chinese history is discussed by the constitutional principle, constitutional convention suitable to Chinese reality are raised from the former constitutional practice. It is so that the struggle of right and wrong is surpassed to establish a set of stricter rightness and constitutional standards.