Contemporary Chinese Constitutional Mode Of Choice

Constitutionlism is not only a kind of system arrangement, but also a way of belief and survives of human being now. Because of its respect to human dignity, constitution becomes a world trend. When modem China goes into the course, historical and real factors must be considered. What history leaves us is not abundant constitutional resource, but make us embarrass: we only have the text of the constitution and do not have the substance of constitution. And because of the short eyesight to the aim of constitution, after each time of constitutional movement, the society is in the turbulence and the attitudes of our people always include disappointment, doubts and expectations. But the fact gives us chance and challenge again: the reform and openness now goes into "deep zone", and the society faces important transformation, and the shape will make some changes on the influence of globalization. The result of social change must mean the redistribution of benefits, and the conflict of benefits last owe to the substantial adjust to the pattern of right and power. If we want to smoothly regulate the construction of power and make the adjusted result legal and reasonable, the best choice is obviously by the way of constitutional government. The current constitutionlism model of China obviously cannot accord to needs, and we should look for another method in the base of current social system. The construction of new method is not casual and abstract, and it must be in the view of something. So it is important to compare the affections of concepts and systems of different nations. Only by this, the choice of modem China constitutional method may have more clear and reasonable idea.The choice of modem China constitutional method is not come from the air, and it must be carefully considered not only to the future but also on the base of the past. So before we make a choice, we must have a detailed analysis to the background so that we can decrease the blindness, cost of choice, and at last make the result valuably reasonable and feasible. In view of this, I especially discuss the background of the choice of modem China constitutional method from tri-dimension approach including history, external and internal, which will provide more objective standard for the choice of method at part one.From the theory, we should first make clear the factors of construction of method ofconstitutionlism and the material systematic shape when talking about the choice to the way of method of constitutionlism. So at the part two. we roughly compare the western constitutional history and find that the process of construction of method of constitutionlism always includes dynamitic transformation and reflection of all kinds of features (such as conception and system). That is, the formation of systems must be based on the some general conception, and when a system comes into practice, it represents elastic contraction of much tolerance and compromise. Different influence of different features endow constitutionalism with new energy. In the course of new choice of the method of constitutionlism in China, we should make clear the different relation between different kinds of features, and take pains to realize the change and reconstruction of deep "value order"under the change of entire condition--from the level of social system and spirit.At thesame time,we should have open and cautious .enthusiastic and rethinkble attitude to learn from other major constitutionalism countries.The constitutionlism system is a big innovation of the constitutional civilization. And it is an orderliness to social relation by ending up traditional life way and coming into modern life way. It is also a kind of seek to social justice and dignity of us. So even if there are different kinds of constitutions, there are also a common character if they are concerned about human dignity. But now the method of constitutionalism of every country represents a blend of complicated conception and system. No any country purely an entire reflection of some kind of conceptual political idea and designed constitution. To the choice of method of constitution in China, It is the same principle. So in part three, I analyze different affections of western all kinds of conceptions and models in according to special own condition and background of China. It is difficult to tell which kind of conception and system controls the choice of method of constitutionlism. If we consider and inspect carefully, we can find that all kinds of constitutional conceptions and their realization have great impression on the choice of method of constitution of China.