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Alienation And The Constitution And The Development Of Science And Technology

Posted on:2010-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:H T ZhaoFull Text:PDF
GTID:2206360302976827Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
As the most active factor of the productivity, science and technology is also the most revolutionary forces and the root of the social transformation, making an indelible contribution to the evolution of mankind and world civilization development. Caused by the development of science and technology, the social productive forces had been improved greatly and played a determining role on the origin of human legal thoughts, the change of legal norms and the establishment of constitutional system. However, in 21st century, both the human society and the constitutional jurisprudence have been faced to more and more negative effects and severe challenges directed by the S&T alienation phenomenon,which initially operated in 18th century.In recent years, the problem of the relationship between the S&T and the constitution has gradually become the common attention and focus problem of constitutional scholars home and abroad. Based on the theme of "how to deal with the S&T alienation phenomenon", this essay analyzes close relationship between the constitution and the S&T, suggest that the constitution should be obliged to face and solve the historical problem of S&T alienation and the current Chinese constitutional text should be amended.The structure of the context is consisted by three parts.In part, the author talks about the interactive relationship and contribution between the S&T and the constitution in the process of human civilization and social progress. On one hand, the economic basis determines the superstructure. Science and technology plays a decisive function on the legislation of constitution, the realization of constitutional value and the modernization of constitution. The achievements of science and technology development improved the society wealth and the civilization degree rapidly, Putting the human society forward into the constitutionalism era by providing a solid material guarantee of economic, cultural, political, and legal conditions for constitution. The realization of fundamental constitution value of freedom, democracy and justice, etc, must be helped by powerful scientific and technological support. The contents, scopes and methods of constitutional adjustment have been deeply influenced by S&T. On the other hand, the superstructure reacts the economic basis. the constitution provides highest legal protection, basic value orientation and extensive rooms for science and technology activities. Without the the confirmation , support and guarantee from constitution, science and technology activities would be like "trees without root" and "water without source".In part II ,the writer discusses the impacts and influences of S&T alienation on constitution. Firstly, the writer admits that as a coin has two sides, S&T is a double-edged sword. Using method of comparative analysis, the writer finds out the history process, root causes, current characteristics and virtually essence of S&T alienation, clarifying the fuzzy concepts and understandings about S&T alienation, summarizing the present harmful situation and outstanding performance characteristics of the modern science and technology alienation .The writer insists that man, not S&T, should be blamed for the alienation phenomenon in special historical conditions .Secondly, with a lot of detail materials, the writer lists the negative problems and harmful impacts on social reality caused by S&T alienation in tree factors of constitutional value system: order, freedom and justice, preparing for the next proposed question.In part III,the body of the text, the writer's viewpoint will be discussed and proved by wide convincing strict reasoning. In the first step, the writer proves that there is a necessity for the constitution to make adjustment to S&T alienation, because the constitution, in essence,is a law, a fundamental law to obliged to make right distribution and standardize the action order of government power structures, which calls for the updated amendment according for the social reality changes. In the second step, from the point of constitution construction in the harmonious society and the returning of scientific humanization, the writer discusses the urgency of constitutional response to S&T alienation, for the constitution and S&T are getting along with each other in a macroscopic system. But the conflictions between S&T and constitution is being deepened and widened seriously. In the third step, the writer draws the general conclusion that in order to provide and fundamental supply for the common laws to make adjustment correctly and rapidly to S&T alienation, there is no shirking the responsibility for the constitution to perfect itself by amending the 47th constitution rules. At the same time, the writer suggests that Based on the people-oriented value principles, the constitution has possibility and possibility to establish a positive interact relationship between S&T and society by turning around the serious trend of S&T alienation and providing strong support for the development of S&T at the same time.
Keywords/Search Tags:S&T and Constitution, S&T Alienation, Constitution Amendment
PDF Full Text Request
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