Research On Constitutional Conventions System Of China

Constitutional convention is a special political and legal phenomenon which plays a key role in the constitutional practice of many countries around the world. As it complies with the spirit of constitution, the constitutional operation as well as some other good political traditions, constitutional convention is widely accepted and recognized by the public. In countries where there are no written constitutions, constitutional convention is an important unwritten constitutional norm constituting an important part of the Constitution. It is also regarded as where the spirit of constitution lies, the foundation and basis of written law. On the other hand in countries with written constitutions, constitutional convention replenishes, improve and promote the development of the Constitution.As for the definition of the constitution convention, the dissertations of the Chinese and foreign experts and scholars emerge and bloom. However, till now, the theorists have not completely agreed on a uniform one. The purpose of researching constitutional convention is that through combing the concept of constitutional convention, further clarify its importance in the Constitution and Constitutional Politics so as to explore and build the constitutional convention which complies with the constitutional operation of the socialism with Chinese characteristics. In this paper, through the research of the concept, characteristics, manifestations and effects of the constitutional convention, the author reaches the conclusion that the constitutional convention is the sum of constitutional customs and traditions with certain continuity and stability as well as binding which were born by the long-term accumulation during the political practice of constitutional countries and generally recognized and consciously obeyed by the public and involves the fundamental national issues and basic civil rights and obligations. After comparison study on similarities and differences of the constitutional convention of major Western capitalistic countries in the formation, characteristics, manifestations, effects and other aspects, the author further recognized the outcome of the constitutional practice of major Western capitalistic countries, if gives us a big lesson on create and helps build a constitutional convention system which conforms to the Chinese situation characteristics. Then, the author also makes a preliminary exploration on the external conditions, the principle, the mechanisms and other aspects of building the constitutional convention system of our country.