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On Realization Of Chinese Constitutionalism Order

Posted on:2008-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:X H SongFull Text:PDF
GTID:2166360218957980Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In the times of constructing socialistic harmonious society, discussion the realization of Chinese constitutional government order is of important practical significance and the theory significance. Realization of Chinese constitutionalism order is one of important contents in Chinese socialistic harmonious society. Therefore, the realization of Chinese constitutionalism order requires not only to renew idea but also to perform and improve the system, only in this way can we realize the socialism harmonious society truly.This article begins with the concept of the order, elaborates the legal order and the constitutionalism order's basic connotation. The constitutionalism order is one of the important symbols of modern society political civilization, the constitutionalism order first is one kind of legal order, which refers to the constitutional form of constructing the political institution, the constitution can control public authority in the real political life, protect the rights of citizens, the political authority can move well in the constitutional ground. The constitutionalism order have three basic essential factors, the constitutionalism entity, the constitutional norms, the constitutional superior. Constitutionalism order takes democracy, limited government, govern by law and human rights as the values to pursue.After that, the author analysis the process and experience of the realization of western nations constitutionalism, hold the opinion that the realization of western constitutionalism order has the ways to follow. The intrinsic reason of western constitutionalism realization is: The establishment of people's sovereignty principle is the foundation of constitutionalism order realization, the demand of individual right is the beginning and the core of constitutionalism order realization, the Christianity spirit is the religious foundation of constitutionalism order realization, the mature civil society is the social basis of constitutionalism order realization, the supreme of law is the law cultural base of constitutionalism order realization.In the basis of analysis the experience of western nation, then has analyzed our country's barrier factor of constitutionalism order realization, which mainly is: The Chinese tradition legal culture has not produced the constitutionalism spirit, the modern China constitutionalism instrumentalism is in vogue, the constitution authority has not set up in China, citizen constitution consciousness is light, the mechanism of constitutional movement is imperfect and so on. After several dozens of years of law course, realization Chinese constitutionalism order already have certain economic basis, political basis and the law basis. The article thoroughly analyzes how to truly realize the Chinese constitutionalism order, which mainly should set up the constitution authority, vigorously develops the democratic politics and develops the civil society, to achieve the condition of right restricting power and power restricting power, and founds Chinese constitutional lawsuit system to guarantee the effective move of the constitution, so as to realize Chinese constitutionalism order.
Keywords/Search Tags:Order, Constitutionalism order, Right, Constitutional lawsuit
PDF Full Text Request
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