Research On The Constitutional Economic System In China

The concept of "Economic Constitution" originated in Germany's economic law theory, regarding the economic rights to citizens, the country's economic system, as well as relations to the nation and economic as research objects. As one of research objects, the meaning of the constitutional economic system absorbed many factors from "Economic Constitution", and the two are closely linked. Constitutional economic system means a summation confirmed and prescribed by the constitution, laws and regulations in a certain historical stage of the dominant production relations and the principles of national economic management, other system of the basic principle on how to develop national economy, including three parts as economic system, property system,distribution systems.Since the constitution coming into existence, the economic system became indispensable to the constitution, in all aspects of the economic system may become the object of the constitution adjustment. In the 19th century and early 20th century, in order to enhance economic system in the position of the constitution, all the major capitalist countries began to prescribe the country's economic system with the chapter, the section or more of the provisions. In China, for a long time, the status of the economic system in the constitution, in particular the constitution should be how to deal with the issue of the economic system, have not been paid enough attention to. As the political system was prescribed in the constitution, it is necessary to make appropriate economic system, not only because of the importance of the constitution, but also because of important position of the economic system in the state system. One country used to mandate the constitutional economic system to protect citizens from the possession and use their basic rights, especially the economic rights of citizens and economic freedom. On the one hand, because of the status of the constitution, constitutional economic system established the important role, and promoted economic development; on the other hand, made the development of the constitutional economic system fit to the economic development, and improved the content and structure of the constitution.As a country's fundamental system, economic system was brought into all the countries'constitutional system, becoming an important component part of the constitution. Especially after the Second World War, in order to develop the national economy and protect the economic resources, many countries develop or revise the constitution with detailed requirements for the economic system. Germany, as a representative in the civil law, issued the two constitutions, "Weimar Constitution" and the "Basic Law", both prescribed the economic system and the basic national policy of the national economy. As the represented by the United States in the Anglo-American law system, the reason for the United States Constitution could last a long time was it does not have a direct economic system and economic policy. In Russia, from the highly centralized planned economy to the market economy system, the economic system in the provisions of the constitution had a profound impact to China's constitutional economic system. Summarizing German, American and Russian provisions of the constitution concerning the common economic system and laws, we could refer to and adopt the contents be conducive to economic development in the constitution, to improve the socialist market economic system, speed up economic development.After the founding of the People's Republic of China, we have promulgated five constitutions, four constitutional amendments, and the constitutional amendment major changes in the economic system. Gotten achievements in changing economy into the market economy system, state regulation and intervention by the means of directly into indirectly, the non-public economy status has been raised, the protection of private property and other series of more successful transition, showing some characteristics, such as with the party's policies and culture of our group closely linked, by a profound impact on the constitution of the Soviet Union's socialist. The reason not only contained in the relations of social productivity and production relations, and the reform of the economic system, but also because of the development of the international economy.In order to better promote China's economic development, with a leap forward in China's economic growth, while enhancing the economic strength of our country in international competition, we must strengthen and improve our constitutional economic system. First of all, we need to adopt simple and clear principle, short-term workable economic system can not be written into the constitution, economic policy in the constitution can not be required so as to prevent solidification, only fundamental flexible principles of the economic system can be embodied in the constitutional norms. Secondly, the government appropriately need intervene in the market moderately, the market mechanism combined with government intervention. The scope and form of the government intervention in the economy should be a clear limit. Government intervention in the market must be within the limits prescribed by law, must be based on the procedures established by law, must be in compliance with the law. Thirdly, in order to improve private property rights, enhancing private property rights of citizen constitutional status should be included in the basic rights of citizens. We could reference to countries which have been a relatively sound system of private property rights, further improve the mechanisms and procedures of the private property rights, form a coherent relatively clear rights system of the private property protection, establish the effective judicial review and relief mechanisms to the private property. Finally, we need to establish the constitutional supervision system on the unconstitutional act and set up a special constitutional organization to rectify the situation, such as setting up a special organization system to review bodies unconstitutional in the National People's Congress---Constitutional Review Commission to review the perform the constitutional rights. And China need to enact the supervision of law as soon as possible so that the economic system could be effectively protected, to improve country's economic development.This paper is divided into four parts. The first part mainly with the meaning of the "economic constitution," leads to the connotation of the economic system, with emphasis on the analysis of the economic system in the constitution, as well as the status of the economic system in the constitution, the significance of the constitution and the role of the protection of the economic system. In the second part, the author mainly uses the analysis method to analysis Germany, the United States, the Russian Constitutional system, and summarize from all provisions of the Constitution concerning the economic system and the common law. The third part, sum up our modern economic system in the constitution provisions on the changes of the constitution and summarize the characteristics and their causes of changes in the economic system. In the fourth part, the author proposes specific measures to perfect our constitutional economic system.