The Lack Of Constitutional Value Orientation Of The Chinese Constitution And Countermeasures Analysis

Constitutionalism is an important concept in the developing history of politics and law. We can define it that having perfect constitution as precondition, constitutionalism can make restricted national power and protected civil rights reality by founding limited government on the basis of law and democracy. It is logical to say that constitution is the base of constitutionalism. No constitution, no constitutionalism. Only when the value tropism of constitution is accord to the be-all and end-all spirit of constitutionalism, is it possible to realize constitutionalism. As for constitution, constitutionalism is the soul. And if there exists constitution in one nation without corresponding series of constitutional system, the lists of constitution will have no value. As law document, constitution belongs to society criterion, and as the practice of constitution in the real life, constitutionalism belongs to system and experience. Establishing one constitution conforming to the spirit of constitutionalism is the first and crucial step to realize constitutionalism.The actual constitution established in 1982 is the most consummate one in the history of People's Republic of China. But with the deep developing of modern construction and the reforming and opening up, the actual constitution could not satisfy the need of regenerating value standard. The constitutional system, including the constitutional code, constitutional law, constitutional convention, constitutional explanation and so on, has some demerits. So it is necessary to amend the actual constitution impersonally. Besides, founding judicature applying system and consummating constitutional intendance are effective methods to realize the spirit of constitution. The paper analyzes the historic source, the acquitting way and countermeasure of the demerits of actual constitution. There are four chapters.In the first part, the author analyzes the be-all and end-all spirit of constitutionalism by defining the connotation of constitutionalism, introducing the background of constitutionalism, expatiating the values of constitutionalism, which are law, democracy and freedom. The be-all and end-all spirit of constitutionalism is to restrict the power of government and protect the civil rights.In the second chapter, the author brings forward that the authority of constitution should be erected and cherished in allusion to the lack of constitution consciousness.In the third part, the author considers the history of Chinese constitutionalism, which is the period of the nation from poverty to self- mightiness, and also the process of politicians and clerisies using other nations' experience for reference, practicing and introspecting. By analyzing the representative constitutions, the author discusses the causes why those constitutions lack in authority.In the last chapter, by analyzing the acquitting way of the demerits of actual constitution, the author advances the countermeasures, which are amending the constitution lists, founding judicature applying system and perfecting constitutional intendance to consummate the actual constitution of China.