China's Current Constitution And The Constitutional To The Study

The purpose of this thesis is to indicate the trend of Chinese democratic law , disclose the development of Chinese democracy and indicate the steady and harmonious trend and prospective .Through reviewing the history of actual constitution and evaluating the realism. The research of Chinese law and constitution has great theoretical value and practical significance.Constitution is the basic law of the modern countries, which prescribe the country's basic political and social order. Its core content is to regulate the state's right, the civil right and their relationship. The core of implementing constitution is to restrict the government's right, we call it Constitutional government.In the development of human political wisdom, the birth of constitution is the result of the progress of the human political wisdom. So far ,Constitution has the biggest possibility to realize democracy , liberty ,human right, ruling with law, and justness, which is in favor of guaranteeing the social rule, the plan of country's stabilization, and the value.The Chinese cognition of constitution ascend from the neoteric Patriotic activity that almost has one hundred year's history. Looking through the history, the development of the constitution is the development of Constitutional government ,it is a dynamic progress of the constitution's practice. Through these one hundred years ,because there are many factors, the construction of Chinese constitution is difficult and calamitous. Although there was the hope of success but there were many more frustrations and failures. Until the actual constitution are actualized, the construction of our country's constitution set on the road of Constitutional government of 1954 again .Today's actual constitution is the constitution of 1982 and 4 mended laws , which is recognized as the most scientific, steady and effective one of the four constitutions and won many honor. Actual constitution has the characteristics of Constitutional government. The democratic principles are prescribed in the constitution of 1954,which are reaffirmed in the actual constitution; The sentence "govern the country according the law, construct the ruling with law socialistic country" was written in the constitution in 1999. ruling with law principle was affirmed by the constitution; "The respect of the country and guarantee of the human right" was written in the constitution in 2004, these marked that the human right radicate as the principle of the constitution after a long period time of misapprehension and debasement. Thus the constitution's factors - democracy, monocracy and human right - are transformed as the principles of constitution, actual constitution get the properties of Constitutional government. Especially these latter years after implementing the constitution ,according to the effect of the actual constitution , Chinese society has emerged apparent change. Our country has established a set of democratic system, the extent of democracy become higher; Along with the establishment of ruling with law principle ,our country's legal system's construction has achieved great development, which toward the ruling with law is unchangeable...