A Study On The Living Constitutional Change In China

Constitutional change is mainly pointed the process of growth, development and change of constitution, it not only includes the alteration or renovation of its contents but also includes the contradiction and coordination of constitutional norm and social reality. It's well known that constitution is not only the basic law in a country and the core of the rule of law but only the foundation of democratic system and the safeguard of the civil rights. Since the living constitution was enacted in 1982, it has experienced a series of various changes as the social transformation period. This article deeply researches the process, characteristics and reasons of living constitutional change, at the same time, it analyses the tendency of future constitutional change. Form the analysis the writer tries to sum up some regulations and issue some viewpoints so that we can get some useful illumination about the future China's constitutional change.The first part mainly introduces the main problems about constitutional change, including the definition of constitutional change, the mode of constitutional change, the limit of constitutional change and the aim of constitutional change.The second part mainly sorts out the process of living constitutional change: from the constitution of 1982, the constitutional amendment of 1988, the constitutional amendments of 1993 to the constitutional amendments of 2004. The writer gives systematically analysis and research of the background, contents and characteristics comparatively in each amendment. It makes preparations for the next part.The third part summarizes the characteristics of Chinese living constitutional change, points out: (1) The mode of living constitutional change is extremely simple; (2) The procedures of living constitutional change is lack of the constitution's warrant; (3) Change in constitution content is full of the special features of that period; (4) The conductive principle of living constitutional change follows the policy of the ruling party; (5) The frequency of living constitutional change is excessive. On the other hand, this part also elaborates the reasons of living constitutional change from the views of politics, economy, culture and law itself, points out: (1) The political factor is predominant in the living constitutional change; (2) The fact that the constitution in not corresponding to market economy is the most important economic reason of the living constitutional change; (3) The social cultural background of China's constitutional growth and each stratum's comprehension to constitution is the cultural reason of living constitutional change; (4) The internal peculiarity of the constitution is also the legal reason of our country's living constitutional change.The fourth part looks on ahead to the future condition of living constitutional change. Firstly, it puts forward that the future constitutional change must be took place under the influence of both domestic and international background; Secondly, it proposes to regard the restriction of the force of state and safeguarding the individual rights as the future constitutional change's guiding ideology, and establish The Popular Sovereignty, human rights protection, constitution supremacy and constitution supremacy as the future constitutional change's the golden rule; Thirdly, it advocates using many kinds of methods in the future constitutional change; Finally, it sums up the direction of the future constitutional change.At the textual end, the writer points that the purpose of this paper is to probe into the special path and the cultural connotation of living constitutional change from the view of history and social development. By this way, we can solve the inner conflict between the constitutional norm and social reality. Thus the writer hopes these will maintain the constitutional authority and give some beneficial apocalypses to our country's constitutional change in the future.