On The Perfection Of China's Constitutional System

In China constitutionalism course after liberation, the constitutional amendment system has been playing a deceive role. Amendment on constitution closes the rift of social reality and great national system arrangement, plays a very positive role, and extremely develops democracy law cause and Chinese character socialism. But problems in it can not be neglected: the guiding ideology of constitutional amendment, the principle of constitutional amendment are constantly changing and vague, constitutional amendment process and skill are short of normativeness and operativeness, but also the study of pointing out the questions and giving the answers of the constitutional amendment system on the theoretical plane is vacant. The article consists of 4 parts besides preface and ending words.Part Ⅰ. A summary of constitutional amendment system. To some extent amending constitution is necessary, which is decided by the delay of law and the legal position of constitution. Constitutional amendment improves adaptability and authority of constitution, and simultaneously it has tremendously social cost and destroys the present constitutional order more or less. The frame of constitutional amendment system includes the guiding ideology of constitutional amendment, the process of constitutional amendment and the skill of constitutional amendment, in which the process of constitutional amendment is the key point.Part Ⅱ. Reality of constitutional amendment system in China. As a role, the operation of constitution amendment in China goes with the stream and promotes social development and safeguards the people's rights. The characteristics of Chinese constitutional amendment system include persisting in Party's leadership, constitutional amendment way progressively rationalizes, frequently amending constitution, emphasizing economic system and so on.Part Ⅲ. Problems of Chinese constitutional amendment system. Constitutional amendment's political nature transcending its legal nature, and one hand which makes constitution clauses lose mandatory restraint, on the other hand leads to constitution frequently changing. The normative extent of constitutional amendment process is low, Not only the existing institution is short of norm, but alsoit is laid aside to some extent. In constitutional amendment skill respect, clauses are superfluous, relief to rights is vacant and function of amendment on constitution is mixed, which are all key points of the article.Part IV. Some advice on amplifying constitutional amendment system of China. The guiding ideologies of constitutional amendment contain the political part and the legal part. The political guiding ideology should be highly abstract "Sticking to Four Basic Principles", and the legal part should be restricting powers, protecting rights and promoting welfare. The principle of constitutional amendment is more operative, which contains highly-prudent principle and due-process principle, and the latter is the core. In view of above-mentioned guiding ideologies and principles, designing constitutional amendment process and perfecting constitutional amendment skills should emphasize normativeness and operativeness. As one of constitution-evolving ways, in the guidance of constitutional ideas constitution amendment system is bound to be perfected gradually.