The Endogenous Connotation Of Chinese Constitutional Human Dignity

Through the evaluation and premise reflection of the theoretical problems whichthe research results of the human dignity of Constitutional jurisprudence, we canknow that the absence of subjectivity in thought aspect is the root of problem in thestudy of Chinese Constitutional jurisprudence under globalization background.Through neatening existing theories, the research findings of ChineseConstitutional jurisprudence human dignity can be reduced by fourangles：”ontology”,”Resource theory”,” methodology” and “game theory”, withdetailed evaluating and describing, it could be find that there are some detects in as awhole of the study. One, there exists the problem of ambiguity in definition and logiclevel of the nature of human dignity. Second, the singleness of research and analysismethods. Third, the narrowness of research perspectives. Because of the threecoexisting problems, leading the forth problem that, to some degree, the meaning ofstudy and construction of the constitutional rules and implementation system havebeen weakened. Based on the reflection and re-examination, the root of theseproblems is the western theories were considered as the certain applied standard,while without doubt its legitimacy and rationality. This kind of process, westernizingthe Chinese problem, not only result the research closed, but also blinding andblocking the line of sight,which pay close attention to the Chinese real problem.Therefore, based on the shortages of existing research, it is necessary for us tochoose a reasonable path to regain the ignored Chinese problem，conversing the basicdirection of human dignity of Chinese Constitutional jurisprudence, and switching theanalysis angle of view to retracing the thought subjectivity of Chinese Constitutionaljurisprudence.In terms of the research logic, this article will put the Chinese problem at thecenter of research, introducing the “fundamental problem” and“endogenous problem” as two basic logic level or basic field of our topic. on the“fundamental problem”, concerning the concept of human dignity, we first to make ananalysis and give an explanation of its philosophical grounding and constitutional position, and abstracting the universal or general meaning of human dignity. Based onthis, furthermore, we will extend our horizon from the “fundamental problem” ofhuman dignity to the “endogenous problem”, and interpreting the constitutionalconnotation of Chinese human dignity on the point of empirical.In terms of the research perspective, we will make the Chinese social structureand the traditional legal culture as the analysis background, conducting the realmodality of existence of Chinese people and country as the reference frame, based onthe particular psychological and action factor, in terms of the way and logic ofChinese act, retracing and exploring the logic modality of Chinese citizen’s behaviorof make a living in the national livelihood by the analysis of three dimension,whichinclude the “Interpersonal relationship” mode, The”Interest Goal”, and the“Behavior Orientation”, in order to analyze and abstract the endogenous connotationof Chinese constitutional human dignity.In terms of the analysis resource and research methodology, because of thepractical rationality of Chinese human dignity, the research methodology will focuson the approach of “description and analysis” of social positive, by experientialstudying of the Chinese right notion and right practice, which their country andsociety life, from this describing the constitutional human dignity. The character ofthis research is that the multiple crossing of subjects in the process of analyzing thelaw problems. During the research, we are trying to put together the sociology of law,the theory of philosophy, politics and sociology, as the analysis resource, making useof ideal type, social positive and normative analysis meanings to activate the abstractconstitutional study dynamically by this analysis mode.Finally, it can be conclude that the connotation of Chinese constitutional humandignity is one of the human dignity，which taking the “Official and Citizen” as thereal basic interpersonal mode, seeing the “Result” as the behavior orientation of theright practice of citizens, and the right to exist dominating in the right practice.Accordingly, the fact of the endogenous connotation of Chinese constitutional humandignity in real background, it exhibits the particular right notion and right practicalmodality of Chinese, which show that the nature of rule-application often havemultiple forms, which contain political, legal and social nature, while the process of choosing the right relief paths, it also shows political institutions is combined withlegal institutions,and institutional means parallel to non-institutional means.Therefore, we hope that this analysis could make a contribution to making reasonablechoices of Chinese constitutional theory research, and even of the Chinese legalconstruction.