On The Early Days Of China Constitutional Mode Of Choice

With the rising of the Constitutionalism movements and the constitutional states in the modern capitalist society, the constitutional institutions , which is the symbol of political modernization, have been regarded the most ideal state system. The found of socialistic constitutionalism system and constitutionalism model of the Soviet Union started the socialistic constitutional movements. After the World War II, the new rising national states and democratic countries began to discover their own way to constitutionalism by taking the Soviet Union as an example. Under background of the worldwide constitutionalism and the wives of pursing democratic constitutionalism in the recent history, the new China, the People's Republic China, chose the constitutionalism rode as well. At the early stage of the new China, with the leading of the Communist Party of China, the Chinese people took very positive constitutional practice and basically established the socialist constitutionalism with Chinese characteristics.In the early stage of establishing the new China, the choosing and establishing of the China's constitutionalism model, is directed by the theory of Marxism constitutionalism and the theory of constitutionalism in period of new democracy. Based on the constitutionalism model of the new democracy period, after examining and studying the western and the Soviet constitutionalism model respectively, the Communist Party of China rational borrowed some of their experience of practicing the constitutionalism and set up the constitutionalism system and model of the new China. In the early stage of establishing, the new China realized the peaceful transition from the new democratic period to the socialist period. At the same stage, our constitutionalism model is also developed from new democratic period's constitutionalism , which is defined by 《the Chinese People Political Consultative Conference Common Programme》 , into the socialist constitutionalism with the main characteristics of people's democratic dictatorship, which is confirmed by 《the criminal law of the people's republic of china》 in 1954. The establishment and the implement of 《the Common Programme》 and 《the Constitution of 1954》 set up a series democratic constitutionalism systems and constitutionalism principles and therefore formed the state organs, which core is the people's congress system. Theestablishment and the implement of the ((the Common Programme)) and ((the Constitution of 1954)) layout the new China's way of the rule of law, confirmed governing the country corroding to the constitution. The establishment and the implement of the ((the Common Programme)) and ((the Constitution of 1954)) also set up a good beginning of building the constitutionalism in the new China.In the early stage of establishing the new China, the choosing and establishing of the China's constitutionalism model, on one hand, is the reflection of the requirement of China's social-political and economical development, which accelerate the developing course of the democratic politics in China. On the other hand, due to lacking of the sufficient condition of practicing constitutionalism, the choosing and establishing of the China's constitutionalism model left some pity. Therefore, the author thinks, it is significant to sum up and evaluate objectively and scientifically the practicing of constitutionalism in the early stage of new China, which will certainly speed up today's building up of the socialist constitutionalism.