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Cultural Interpretation On The Constitution Of China

Posted on:2011-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:J C CaoFull Text:PDF
GTID:2166360308969149Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Cultural interpretation of the constitution is a research paradigm of the use of cultural typology to interpret the constitution. The characteristics of cultural explanation is typology, broad applicability and empirical. It mainly include etymological analysis, timing, regional, cycle interpretation, symbols mutual verification, and so on. So it can look deep into the evolution of the constitutionalism. To some extent avoided the Western theory-centrism. China is a country of dual society. China's Constitution have large traditional state law and traditional customary law. There are some differences between the two. The cultural explanation is good to be able to combine the two typologies of culture. The initially etymology of West constitution is proposed by Aristotle. Then it experienced development of different stages. Ancient Chinese had used the word of constitution. It being given a new meaning in modern times. The etymology of the constitution allows us to have a re-evaluation of the similarity phenomenon of modern constitution. So we can understand the similar phenomenon in ancient better. The timing of the constitution embodies the inheritance of the constitutional idea. China's modern constitutional experienced a period time of development.Despite of some shortcomings, but at the same time produced the inheritance of constitutionalism. The development of Chinese constitution has some characteristics of exogenous. Due to the external forces of oppression, their development space is not deficicency. And it lacks of mutuality references between similar civilization regions. Traditional Chinese etiquette plays a stabilizing role of the social order in ancient times. But it's characteristics of emphasis on the whole and order generated adverse effects on the development of constitution. Chinese traditional values experienced the impact of western culture in modern times,so it has been declined and criticized. But the new value system has not been established. The effects of excavating progressive of traditional culture in establish the constitution faith is benificial. Unity governance in China has affected by historical and cultural. It is the result of selection of ancient Chinese culture. But it is in demand of strengthen the spirit of unity and constitutional.
Keywords/Search Tags:Constitution culture, Cultural explanation, The constitution etymology, Timeliness, Regional
PDF Full Text Request
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