Modern Constitutional Thought And Interaction And Its Revelation Of The Political Order

With the Opium Warfare.China had to come into modern society, the crisis of traditional political order appeared. Before new political order was built, traditional political order had shaken and collapsed. The change of political order affected the development of the thoughts of constitutionalism, Meanwhile, the fact that the ideals of constitutionalism still affected The change of political order.In this article,I try to break away from the way of static analysis. With the help of Constitution Reason of State, human right is consider as the justical basis of Reason of State and put into practice by means of constitutional systerm.how to come into being Reason of State and how to develop human right and how to assure human right by constitutional systerm in China?By means of constitutional extent,we find the direction of struggle.how to build our Constitutional Reason of State in China. The whole thesis contains about four parts:Part one: brief introduction of Constitutional Reason of State.This part analyzes the concept of Constitutional Reason of State, constitutionalism, political order ,and the thoughtful way of Constitutional Reason of State.Part two: the first interaction of constitutional thought and political order in modem China. This part analyzes how to come into being Reason of State and how to develop human right in the later date of Qing Dynasty.Part three: the second interaction of constitutional thought and political order in modem China. This part analyzes how to assure human right by constitutional systerm in China?Part four: By means of constitutional extent.we find the direction of struggle:how to build our Constitutional Reason of State in China.This article fresh idea lies in: (1) goes to the objective analysis modem times China constitutionalism thought and the political order interaction from the constitutionalism national rational angle; (2) from "the interaction" this angle of view inspection modem times China's constitutionalism, gets rid fixedly analyzes the constitutionalism history the frame, this is an author's attempt.