Financial Powers Of Constitutional Analysis

It is easy to enact constitution, but difficult to establish constitutional government. How to establish constitutional government is an inevitable problem for Chinese people. As a hot topic in the law circle, Putting financial power into constitution is considered a breach to establish constitutional government. The constitutional logic between rights and powers has been presented more clearly and concretely in today's China than ever. In other words, constitutional logic contained not only between private property and government financial power, but also between private property, civil financial power, state financial power and government financial power, but also draw a clear and feasible outline of path to constitutional government between rights and powers. Comparatively speaking, we deem four-power-separation is more material, clear and feasible than two-right-separation.In the financial power analysis of constitutionalism, we consider that financial power consists of civil financial power, state financial power and government financial power. By analyzing the conceptions and status of these powers, we can have a clear look about the rules of financial power in the constitution. As a sovereign financial power, Civil financial power gives an expression to the principle of people's sovereignty. It has a profound significance to speed up the development of democracy , government by law, and research on the financial law to lay emphasis on the independence of civil financial power. As a financial right of state power, state financial power comes directly from the civil financial power and originates from the private property. So it is subject to the civil financial power ,and consequently to the private property. The main content of financial constitutionalism is wisely distribute the state financial power in the horizontal and vertical layer in accord with the principle of finance by congress and finance by law. As a financial right of government power, government financial power is a key part of state financial power. Since it is very powerful, an effective control of the government financial power becomes a crucial but difficult question in realizing the finance ruled by law.In my opinion, financial constitutionalism means putting financial power into the constitution, namely writing the civil financial power, the state financial power, thegovernment financial power and logic of constitutionalism into the constitution text, which makes our constitution a real finance constitution. What's more, western developed countries have completed modem financial constitutionalism, and are experiencing the impact and influence of contemporary financial constitutionalism. We should make up the 'missed lesson', namely complete modern financial constitutionalism, but also meet the challenge of contemporary financial constitutionalism. Nowadays we have had the conditions already to establish the finance constitution, such as the actual stress from financial crisis, more and more misuse of financial power, the goal of establishing a government by law, the effective reform of financial system and a popularity of financial constitutionalism and so on. All these give an impetus for us to meet the challenge and to strive for establishing the finance constitution.