Study On The Constitutional Thought Of Zhang Youyu In The1980s

Zhang Youyu is a famous jurist, political scientists, and a firm belief in Marxism andproletarian thinkers. He is the active leader and promoter of democratic politics and the ruleof law, who has made an indelible contribution to the construction and development ofChina’s democratic constitutional theory and practice.Zhang Youyu early on has Constitutionalism and constitutional politics, democraticpolitics closely together, which let people know the relationship between them is inseparableand indispensable dialectical unity. Zhang Youyu insights of constitutional government in theRepublic of China. The founding of the first arrived in the reform and opening up, for ZhangYouyu, more important is the substantive level to be elaborated on constitutional concept.Zhang Youyu get rid of the shackles and fetters of the form defined roughly attributed to the"four elements" and "a unified concept of constitutionalism."Four elements" that theConstitution, democracy, the rule of law and human rights "," a unified "or" people’sdemocratic dictatorship ". Zhang Youyu exposition of the theory of the people’s democraticdictatorship under the framework of the constitutional system, mainly covers the followingaspects: First, the people’s democratic dictatorship, in essence, is still the dictatorship of theproletariat; Second, the people’s democratic dictatorship has a distinct Chinese characteristics;Third, the people’s democratic dictatorship in China also has its own advantages; Finally, wemust adhere to the leadership of the Communist Party of China, the people’s democraticdictatorship.Zhang Youyu advocate of democratic constitutionalism, emphasizing on the basis ofdemocratic principles and political constitutionalism, it may develop in line with thefundamental interests of the people, reflects the "genuine democracy" rather than a "shamdemocracy", even "anti-democratic" constitution. Zhang Youyu democratic constitutionalthinking mainly constituted by the three parts of the democratic constitutional rights,democratic constitutional authority and democratic constitutional procedures. In ZhangYouyu view, the democratic constitutional rights must and can only belong to the people oftheir rights, but this does not mean that all the people have to be directly involved in theprocess of the entire democratic constitutional. Democratic constitutional authorities thepower to enact, approved by the statutory authority of the State Constitution. Zhang Youyu, the National People’s Congress is essentially democratic constitutional authorities, this can becombined with our constitutional principles and constitutional practice to be corroborated.Democratic constitutional process, based on the principles of democracy by democraticconstitutional authority to develop the entire democratic constitutional process of theConstitution to go through the various stages and steps. Zhang Youyu the superiority of theConstitution of1982was fully argued. He made it clear that the1982constitution is aconstitution by far the best in the new era. Comprehensive analysis of Zhang YouyuConstitutional Ideology in various academic advocate, can be summarized in three generalconstitutional principles, namely: first, to adhere to the principle of everything from the reality;Second, adhere to the principles of socialism; Third, adhere to the principles of socialistdemocracy.The rule of law is a core, a basic principle is also consistent throughout his entireconstitutional system of thought must Zhang Youyu in the People’s Republic of China afterthe establishment of constitutional thought. Zhang Youyu interpretation and understanding ofthe rule of law not only stay on the surface form, more profound grasp of the law thoughtsrational core. First, Zhang Youyu characteristics of the rule of law as the starting point for arational explanation to the rule of law. Second, Zhang Youyu advocate of the rule of law withChinese traditional sense of the so-called "rule of law" strictly distinguish. Finally, ZhangYouyu discussed, the rule of law based on democratic politics as the basis of the rule of law.1980s, Zhang Youyu mainly for research in the field of human rights of some of the specificissues in the areas of human rights, the actual problem, and not just remain on themacroscopic description of the human rights issues in the abstract. Zhang Youyu talkingabout is to protect and safeguard the legitimate rights and interests of the elderly.The "constitutional thought" of Zhang Youyu is a relatively broad, combined with theunique concept of constitutional and political science, in each period will be in line with theprevailing connotation and denotation. Zhang Youyu constitutional thought in the1980s, itcan be said, more close to our current deepening of reform and opening up the development ofthe rule of law strategy of full implementation of advancing the actual addition has profoundtheoretical connotation.