Discuss The Chinese Criminal Legal System From The Constitutionalism Review

Constitutionalism is the basis of the criminal legal system. But in China's criminal legal system, there is lack of proper elements of constitutionalism, and this issue has been ignored by the theoretical and practical circles for long time. To all the legal system of China, admittedly, the enforcement of the Constitutionalism is scarce, therefore resulting in the desolation of the study on the theory of constitutionalism because of the lack of support from practice. And discussion on the issue of constitutionalism in criminal legal system is even fewer.For avoiding vague and general treatment, From the relationship between the harmonized society and the legal system, this paper would begin with positiveanalysis about two specific issues of excruciation--extortion of confession bytorture and re-education through labor, and inspect the shortage of constitutionalism in China's criminal legal system. this thesis educe the inequality in china's criminallegal system--a problem which is not consistent with the modern criminalprinciple and the spirit of ruling of law. And it analyzes some issues of inequality, such as ownership discrimination between the public properties and the private ones, status discrimination between the government official and the civilian, unclear discrimination between the stronger and the weaker and some other related issues. Finally, the thesis suggest that equality concept of constitutionalism should command the whole of criminal legal system now and forever. So that we can achieve the harmonization and unification of china's criminal legal system with the concept of modern criminal legal system and of the criminal legal system with the state's integrated legal system. Limited by the author's ability, there must be some inaccuracies and errors in the thesis. We sincerely ask for criticism and judgment hereon so that the mistakes can be corrected.