Right Culture And Construction Of Constitutionalism

Constitutionalism is an important presentation of institutional civilization of human, which containing special pursuit of value. Its essential purpose is effective protection of rights. Its basic method is the clear stipulation and effective restriction of the program and principle of running power. Its internal character is the development of personal honour and freedom. Constitutionalism is the specific institutional arrangement of special culture, whose origin is that rights culture provided enough nutrients for constitutionalism during the renaissance time. Constitutionalism is also the firm basis of existence and development of constitutional system. Establishing constitutional country is necessary for advanced development of the political culture of our country. During this important period of society transformation, it shall be paid more attention on that the establishment and improvement of the specific regulation in the constitutional system. More attention shall be paid on the development of special culture which was relied by constitutionalism.Rights Culture takes rights standard as the core conception, which is developed in special historical circumstances and is the product of trend of thought in humanism. The separation of rights and power provides huge space for the existence of rights culture. The firm basis of rights culture is the continuous development and enjoyment of popular support of freedom thought. After systematical research and classical presentation of famous scholars, including Locke, Hobbes, Rousseau, the internal conception of rights culture is well enriched and the constitutional spirit is greatly influenced.There is close connection between the right culture and the establishment of constitutionalism establishment. The constitutionalism contained three essentials, democracy, nomocracy and human rights, which are the systematical civilization with special pursue on value. Democracy means that People are the final owner of the power of the country and the aim of existence and running of power is protecting the enjoyment and enforcement of their rights. Nomocracy is the denial on the despotic rule, which requires that law has crowning power in a country. It presented a thought that individual shall be governed by law except by other people's arbitrary will. The purpose of separation and balance of the power is ensuring the exercise of power within the scope of original intention, then reaching a situation which could not only maintain necessary order of society, but also could not violate personal rights. Therefore, rights culture determines the basic intension and pursue of value of constitutionalism, which is also the centralized presentation of internal culture of constitutionalism. Establishing constitutionalism means that attentions shall not only paid on the arrangement of specific system, but also paid on the cultural traditions which were relied by the specific system. It is the only way of making the system is full of energy during the actual enforcement and is acquiring enough nutrition of development.Our traditional culture based on the liabilities standard conception, which leads that personal consciousness is very week and the conception of rights is without any space to develop. The lackness of this kind of rights culture seriously obstructs the establishment and development of constitutionalism. During this important historical period of establishing our country into a constitutional country, actively pushing the transformation of social cultural thoughts provides soil with plenty nutrition for the towering tree of constitutionalism. Establishment of constitutionalism requires modern citizens, because the energy of system could only be aroused under the actively anticipation of citizens with rights conceptions. People in our country are with stronger conception of subject, but less conception of citizen because of feudalism government for long time. Therefore, it is required to enhance the education on conception of citizen and training citizens with constitutionalism meaning. Following the continuous development of constitutionalism, huge achievements were reached on many aspects, including the level of democracy, the strength of protection on human rights and establishment of nomocracy. However, the deficiency is also existed, such as the unitary of protection method on human rights, the imperfect of restriction on power, failure on establishing nomocracy thoughts fully in the society. With respect to the above mentioned problems which are still existed now, this paper shall provide analysis and suggestions accordingly on the basis of drawing on experience of establishing constitutionalism in this country or aboard.