Research On Hu Jintao's Constitutional Thought

Constitutionalism, which functions as one of the most important signs of modern civilization in human history, is nowadays the mainstream of social development. Though there may be different interpretations in different backgrounds and contexts, constitutionalism, with the only goal of guaranteeing all human rights in a true sense under the leadership of a government with power limited by the modern constitution, refers to the combination of political philosophy, system, ideology and process which focuses on political democracy and the proper operation of the public state power to secure the rights of all citizens on the strict basis of rule-of-law.Though it originated in the western countries as fruit of the bourgeois revolution and a valuable contribution made by the capitalists to human society, constitutionalism is more of the crystal of all human wisdom in the long process of social advancement than the political monopoly of the bourgeoisie. It should be taken for granted that, as a more advanced and more civilized society, a socialist country should have constitutionalism. Based on their dialectic thinking over and complete analysis of the capitalist constitutionalism, Marx and Engels reveal and criticize the very hypocritical nature of bourgeois constitutionalism and develop the scientific Marxist theory of constitutionalism in a systematic way. Therefore, the socialist constitutionalism under the guideline of Marxism is the sublation of bourgeois constitutionalism on the basis of critical inheritance.Over the past one hundred years, constitutionalism has been the lofty goal which the elite Chinese people, including all the members of the Communist Party of China, have been striving for. After the founding of the PRC in 1949, with the guidance of the Marxist theory, the three generations of collective leadership headed by Mao Zedong, Deng Xiaoping and Jiang Zemin respectively continued to make consistent effort to carry out theoretical as well as practical exploration and innovation in the cause and great achievement was made in the development of constitutionalism with the characteristics of the socialist China. Since the ending of the 16th National Congress of CPC, the newly elected central government headed by Hu Jintao has been upholding the great banner of socialism with the characteristics of China and carrying out the principle of rule-of-law in accordance with the Constitution of the PRC under the spirit of constitutionalism. Nowadays, China is embracing a new era of constitutionalism and the theory on the construction of socialist constitutionalism with the characteristics of China is witnessing significant development and improvement.This dissertation focuses on analyzing the development of Hu Jintoa's constitutional thought.The paper includes the following four parts:The first part interprets the meaning of constitutionalism and discriminates socialist constitutionalism from capitalist constitutionalism, so the meaning of the socialist constitutionalism with the Chinese characteristics is comprehended. We pointed out that Hu Jintao's constitutional thought is a important part of the socialist constitutionalism with the Chinese characteristics and is the new era of the socialist constitutionalism with the Chinese characteristics.The second part traces the main theoretical sources of constitutional thought. Hu Jintao's constitutional thought not only criticizes and make use of the political civilization of Western constitutional ideas of useful elements, andaslo inherits and developes the Marxist classical writers of the Constitution and the three leading core ideas of constitutional thought.lt is inherited the basis of these ideas, gradually is formed which builds socialism with Chinese characteristics, and is an integral part of the socialist constitutionalism with the Chinese characteristics starting with the definition, examines the meaning and significance of "constitutionalism and the socialist constitutionalism with the characteristics of China" and the difference and similarity between socialist constitutionalism and capitalist constitutionalism.The third part maily elaborates the core meaning of Hu Jintao's constitutional thought. By giving a detailed introduction of Hu Jintao's constitutional thought from the perspective of the utmost authority of the Constitution, the priority of democracy, implementing the principle of rule-of-law and building up a country governed by law, respecting and securing human rights and improving the living standards of the people, the author demonstrates the depth of Hu's constitutionalism.The four part presents the theoretical features of Hu Jintao's constitutional thought. Illustrating with the three core theories, i.e. the outline of scientific development which lays out the guideline of the construction of China's constitutionalism in the new era, the people-oriented which is the core value and building up a harmonious socialist society which is the goal of construction of China's constitutionalism, these are the features of Hu's constitutionalism. It explains that the Hu's constitutionalism has been proved to be a scientific theoretical system that possesses the character of keeping pace with the times and making constant advancement.Constitutional thoght is a basic idea of building a socialist country ruled by law and is a end of socialist political civilization construction in China. Therefore, Hu Jintao's constitutional thought which is analyzes and researched can further deepen the Constitutional Thought socialism with Chinese characteristics in theory, And it is a drive of the socialist modernization and has important practical significance to build a harmonious socialist society.