Concerning The Choice Of Constitutional Construction In Our Country

Constitutionalism is the management of the constitution, in the modern countries, constitutionalism is a kind of trend, and it is the inevitable result of social development. However, a country wants to achieve constitutionalism have to go for their country’s development road, that is the construction of constitutional government road. Because of different conditions of every country and the inevitable in the choice of constitutional construction path will have difference more or less, because of this, although after one hundred years’construction of constitutional government, our country still failed to achieve complete sense of the constitutionalism, which made us realized the importance of construction road of constitutional government. This paper discuss the question in this kind of background, firstly analyzes the basic theory of constitutional construction, the second part is to analyze Chinese and foreign constitutional construction roads for an investigation and analysis, and finally draw the most suitable road for our country’s constitutional construction.Firstly, we should analyze the construction of constitutional government road. The constitutionalism means the construction of constitutional government. Constitutionalism is a kind of management by the constitution, it is the combination of the rule of law, democracy and human rights. The constructive road of constitutional government is the kind of the constitutional method, have pushed by state constitutional construction way and the gradual development of social constitutional way.Then is the investigation of Chinese and foreign constitutionalism, the construction of constitutional government in China began in late Qing dynasty, after one hundred years’construction, fully displays the construction of constitutional government in China. Through the analysis of the construction of constitutional government in China, we will find the construction of constitutional government in China is always pushed by the state, the civilian power rarely participate in constitutional construction. Then we can see foreign constitutional construction roads, due to the different historical situation, the construction of constitutional government is also differ in the way, and Britain gone a gradual construction path, the realization of the constitutionalism is with the development of society; America’s constitutional is due to kinds of contract of a process, in the contract resume process, the United States show evidence of its constitutional; France’s constitutional construction and major social event is always accompanied, it is in the process of the wheel of history, through continuous progress, and finally realize the constitutional government. The construction of constitutional government abroad let us realize the diversity of the construction of constitutional government,also let us think about our country’s construction road of constitutional government.Of course, we should make a choice of construction road of our country, the chapter content is built on the basis of the first two chapters, because of the complexity of the construction of constitutional government in China, we should think deeply about the construction road of our constitutional government. Whether the traditional state or the social evolution model will always have defects, so China’s construction of constitutional government should go the distinctive road. That is dynamic cooperation road. The implementation of the constitution road also contains the rule of law, democracy, human rights, but in the details of the implementation of the state and society be more consideration of both strength and promotes the construction of constitutional government.