The Allocation Of State Power In The 1954's Constitution

Modern China's constitutional thinking is mainly from the West. In a sense, it is a derivation of the Western constitutional in different cultural background that through different channels. From the late Qing Dynasty until the founding of new China,China's constitutional movement has never stopped. As China's first socialist constitution, the 1954's Constitution is an epoch-making significance. Though the Chinese people have high expects, the Constitution did not promote a spacious path for China's constitution, and its allocation of state power did not adhere to the framework for a long time. Why the fate of our Constitution was always bad? Take the 1954's Constitution for a typical example, the author uses constitution theory to push every layer-upon-layer constitution veil aside, and know that the instability as well as strong political is the prominent characteristics of the 1954's Constitution. While their roots are that the 1954's Constitution does not control state power, the Constitution also does not carry out a scientific assignment on country authority. Even it was more reasonably distributed but not guaranteed, the natural expansion of state power is bound to exacerbate the imbalance of powers of different level. Thus, once a main power has got the tremendous power, then it would bring disaster to the people. This brings the problem and the purpose for the issue of this paper ,that is to start with the relation between the 1954's Constitution and country authority, and through a deep researching of the scientific assignment on country authority to discuss the reasons for the instability of the constitution and the origin of backwardness of the constitutional construction.This paper mainly use the legal analysis of the Constitution, study of the History of the constitution and text of Constitution .Through discussing the relation between the constitution and the state power and introducing principles and methods for constitutional allocation of national powers ,we provide a full legal basis for researching the 1954's Constitution on the allocation of state power. Then using the method of historical research, we comprehensively reviewed the making process, the social, economic and cultural background of the 1954's Constitution. With the study of 1954's Constitution, we showed the 1954 Constitution's state allocation of state power, its features and its inadequacy. And on this basis, we introduce of a sound approach for the problem.This article holds that the 1954's Constitution of the country as a whole configuration of power is scientific, but because of its own transitional as well as its constitutional and cultural environment in which congenitally deficient, resulting in the extremely instability of the constitution of the state power configuration, it was not a successful control of state power through legal means. State power is too focused on individual leaders; it gives us a profound lesson for the constitutional building process.