Constitutional Construction Of The Power Of The Analysis

The constitutionalism is the opposite of the autocracy. In the feudal society and the society before it, it was impossible of the existence of constitutionalism. The constitutionalism is asocial administration model, which denies the autocracy of royal power.The author considers that the constitution is the origin of constitutionalism, and it is possible of existence of constitutionalism where there is a constitution. The constitution itself is just like a frame of governing the society, in which the state power and the citizen's rights and freedom must be properly arranged. The expansion of state power may disturb the personal rights, hence leading to the weakening of citizen's rights, and finally leading to the autocracy. On the other hand, if the expansion of citizen's rights exceeds the control of state power, the state power will loss control and the society will suffer turbulent, finally leading to the social disorder. The constitutionalism is such an fantastic constitutional frame device, which formulate the balance of power and rights and promote the progress and development of the state and society. The core of such constitutional frame device is to set up a series of effective technological rules for controlling the act of performing state power, in order to coordinate the state power and the citizen's rights, and freedom, by means of confining the state power and safeguarding citizen's rights, and realizing the balance of power and rights. The balance development of power and rights is the regular pattern of constitutional evolution. The out-of-balance of power and rights will lead to the fragment of constitutional frame and the failure of constitutionalism. Once the constitutionalism frame smashes into pieces, the state will take on the situation of the existence of constitution and non-constitutionalism. He emergence of constitutional situation depends on the effective execution of the proper constitutional construction is not only the construction of constitution, but the construction of constitutional execution in practical level, that is to say, the construction of power-right constitutional frame about the state, the society and the citizen's. At present, on the basis of democracy and market-oriented economy, we must take seriously coexist and balance development of power and rights under the constitutional frame.The key to China's constitutional construction lies in how to maintain the balance of constitutional frame and how to make the constitutionalism develop under the condition of balance. However, for the balance of constitutional frame and its development under such balance, the key lies in the various forces under the constitutional construction which will influence on each other. Therefore, it has great significance in China's constitutional construction to analyze and study the variousforces of China's constitutional construction to analyze and study the various forces of China's construction Political party is a product of democratic society. And is always connected with constitutionalism. No leadership of political party, the democratic constitutionalism could not become true. Viewing from constitutional frame, though the political party is not the component of governmental organization, it is necessary organization that makes the modern state run and makes the modern democracy and rule-by-law and even the constitutionalism develop and extend.The relationship between Chinese Communist Party and the Chinese constitutional construction is very close. The CCP is an important leading force in China's constitutional construction, which mainly embodies the CCP's leading role in the history of China's constitutional construction. For the reason, we must take seriously the lending to the cultivation and protection of party's force in constitutional construction.The constitution was born of and developed due to the citizen's pursuit of fundamental rights and freedom. After the victory of capitalistic revolution, due to the cherishment of rights and freedom, the fundamental rights a...