China In The Context Of Constitutional Study

The research on consititution and constitutionalism has became a focus in academic circles gradually in recent years. Meanwhile, perfecting consititution and building consititutionalism also a important field of China polity reform..However, our present constitutionalism researches almost stereotype western constitutionalism and focus on the local environment of China constitutionalism development scarcely, which do not make western andvanced constitutionalism theory and perfect constitutionalism model "grafted" in China. So we should analyse and research attentively the process of China constitutionalism development, China constitutionalism environment, and the local resource of China constitutionalism, that is seeking constitutionalism context of China.The western constitutionalism was pregnant from the era of anciant Greek and ancient Rome, having experienced the hibernate and sprout of Middle Ages, it blossomed splendidly in the constitutionalism epoch eventually. The form and development process of western constitutionalism lasts thounsands years and do not suspend from beginning, which is a process that develops spontaneously. The gloomy ideology of Christianity is the culture base of western constitutionalism, which determines the culture psychology and thinking model of western constitutionalism. The contractual concept is rooted in western socical activity, and is the logic original of western constitutionalism. People is first is the core of western constitutionalism. The tradition of politic power pluralism is the realistic base of the form of system of Separation of Powers and Checks and Balances in western constitutionalism. The long standing of civilization of rule by law is the positivism logo of western constitutionalism.Differencing from the western, the development process of China constitutionalism cultrue started by introducing western constitutionalism system, which always restricted by the constitutionalism culture model of "prosperous and strong is the aim, constitutionalism is a method ".The tremendous differences on value conception, norm system and behaviour model between the provincialized China and modern civilizaed society make two culture collides and mixed constantly in the process of China constitutionalism promotion. China traditional culture mercilessly dispels the western constitutionalism culture on many fields. However, we are...