The Structural Interpretation Of The Chinese Constitutional Preamble

The Preamble to the Constitution of China contains rich contents. However, Chinese constitutional scholars focus on the discussion of the Preamble to the Constitution whether having legal effect or not, or follow the liberal values to cut the preamble to the Constitution of China deliberately. Therefore, Chinese constitutional scholars did not take seriously of the rich contents of the Preamble to the Constitution of China. On one hand, the theory system of Chinese constitution, with the perspective from research, has not been established. On other hand, the perspective of research, speaking from the research method, lacks of diversification. At the same time, constitutional scholars have not noticed a phenomenon that the preamble to the Constitution of China has a characteristic of the Reflecting Constitution. The so-called Reflecting Constitution can defend that the constitution norms exist as a second level, coming from the social facts as a first level. And the constitution norms only reflect the social facts. Based on this, I try to take the Reflecting Constitution as perspective to interpret of the Preamble to the Constitution structurally. This interpretation is according to three logical clues. The first one is revolution, the organization of the People, and ideology. The second one is reform, united front, and the performance of politics. The third one is unity, the National People, and sacred duty. From the perspective of the structural interpretation, I want to reveal the Reflecting Constitution implied in the Preamble to the Constitution of China, and to take the conclusions as the supplement of that the Chinese constitutional scholars miss the most important information in the course of the study. This study, perhaps it can be said, has some academic and theoretical significance. The study of the Preamble to the Constitution of China does not exist in isolation. It implies the thinking of the problem and the research methods of the Constitution of China inevitably. Although the mainstream of the studies of Chinese Constitution still lays normative constitution currently. The normative constitution is overreliance on the hypothesis of perfection and self-sufficiency of norms. The Chinese people`s way of life and the meaning of life, because of the hypothesis of perfection and selfsufficiency of norms, is Ignored intentionally or unintentionally. Thus, the reflective thinking of the problem and the research methods of the Chinese Constitution has to maintain the Chinese Constitution towards to the existence of Constitutional Institutionalization. The study of the Chinese Constitution also has to pick up the Chinese people`s way of life and the meaning of life again.