Comparative Research On The Constitutional Preamble

Constitutional preamble is an important component of a written constitution, the debate around it has never stopped. The constitutional preamble's research not only relates the constitution to revise, but also relates the development of constitution theory and the constitution implementation and so on a series of very important questions. But in the past, the research of constitutional preamble most limit to a certain aspect of the single discussion, and more focused on the problems of the constitutional preamble's value, effectiveness, and modification and so on, this not only prevented the further development of the constitutional preamble's theory and even influenced the Constitution Code of revised and improved. Therefore the author thought that the whole comprehensive of comparative research on constitution preamble is necessary and feasible.Stipulate the preamble in the constitution is one kind of common phenomenon, but by various factors such as history, geography, politics, economy, the legislative technology influence, constitutional preamble of States displays the different characteristic. Author hope to jump out of the previous research circle of constitutional preamble, make one kind of systematic study on various countries constitutional preamble, but not inspect on some or several country's constitutional preamble. By this new visual angle, overall comprehensive comparative study on constitutional preamble of the States, we can learn the differences and commonalities of the content, nature and characteristics of constitutional preamble of different countries, thus deepen the cognition to constitutional preamble, promote constitutional preamble of our country research and development, ultimately, development and prosperous of constitution in theory and academic, promote constitutional amendment and implement in practice, accelerate the pace of China's constitutional government in construction. The first part of this article discusses the basic theory of constitutional preamble, lays the foundation for the comparative research of constitutional preamble. This article key points in second part and the third part, the author will carry on the comparative analysis to various countries constitutional preamble in the form and content two angles, describes and analyzes the development and evolution of the trajectory of constitutional preamble in different regions, different economic development level, the different legal system, different period.The constitutional preamble is a window to learn that a national politics, historical as well as the constitution system, similarly, therefore the change and development of constitutional preamble closely related to the nation's development situation. The preamble of china constitution passes through more than 50 year wind and rain courses, gradually had already stepped onto the stock rail, but no matter in content or practice, the author discovered that china constitutional preamble has many problems. Therefore the author take comparative analysis's conclusion as a foundation in the fourth part, carries on the analysis and the ponder to our country constitutional preamble and put forward own proposal.