The Review And The Prospect Of Constitution Of China In Modern Times

The research on constitution and constitutionalism has because a focus in academic circles gradually in recent years. Meanwhile, perfecting constitution and building constitutionalism also a important field of China polity reform. However, our present constitutionalism researches almost stereotype western constitutionalism and focus on the local environment of China constitutionalism development scarcely, which do not make western advanced constitutionalism theory and perfect constitutionalism model "grafted" in China. So we should analyses and research attentively the process of China constitutionalism development, China constitutionalism environment, and the local resource of China constitutionalism, that is seeking constitutionalism context of China.The western constitutionalism was pregnant from the era of ancient Greek and ancient Rome, having experienced the hibernate and sprout of Middle Ages, it blossomed splendidly in the constitutionalism epoch eventually. The form and development process of western constitutionalism lasts thousands years and do not suspend form beginning, which is a process that develops spontaneously. The gloomy ideology of Christianity is the culture base of western constitutionalism, which determines the culture psychology and thinking model of western constitutionalism. The contractual concept is rooted in western social activity, and is the logic original of western constitutionalism. People are the core of western constitutionalism. The tradition of politic power pluralism is the realistic base of the form of system of Separation of Powers and Checks and Balances in western constitutionalism. The long standing of civilization of rule by law is the positivism logo of western constitutionalism.Differencing from the western, the development process of China constitutionalism culture started by introducing western constitutionalism system, which always restricted by the constitutionalism culture model of "prosperous and strong is the aim, constitutionalism is a method". The tremendous differences on value conception, norm system and behavior model between the provincial China and modern civilized society make two culture collides and mixed constantly in the process of China constitutionalism promotion. China traditional culture mercilessly dispels the western constitutionalism culture on many fields. However, we are necessary to analyze the existing constitutionalism development model and factor one by one as to seek and build constitutionalism context of China. Each country or nation has different history and culture background, which determines different route of constitutionalism construction. The method of coping other country in history only makes us more far away form the aim of constitutionalism, not mention to the achievement of constitutionalism. So, we should further develop China market economy unswervingly, foster material soil constitutionalism culture development, push the process of rule by law continually, and build legal state. Meanwhile, we should absorb and refer the useful experiences of western constitutionalism practice on the base of analysis and research, thereby seek a constitutionalism route that is suitable to China.