Civil Rights And Constitutional Interaction Between Research,

The history of China's constitutionalism movement is more than 100 years since the reform movement of 1898 led by Kang Youwei and Liang Qichao,but in the strict sense of the expression, it has just formed in China. The process is complicated. Dictatorship and democracy supersede each other. Why is our way of constitutionalism hard? The reason is simple: we lack internal basic elements of forming constitutionalism.Western constitutionalism is the result of social development. I think the logical basis of the evolution is civil rights. I conclude that the ways of forming constitutionalism are expansion of civil rights and constant development of market economy. During the process of market economy development, resident society is separate from politcis country. During the formation of several systems of constitutionalism, such as law supremacy, limited government, judicial independence. As a result,constitutionalism comes into existence in the western countries.Civil rights is a large power system. With the social development, its ambit expands gradually. Meanwhile, the relationship between civil rights and constitutionalism is indirect. Therefore, the key point is how to find the breakthrough point in the study of relationship between civil rights and constitutionalism on the basis of market economy and resident society.