Research On The Theory And Solution Of Rule By The Constitution

In recent years, under the leadership of the CPC, China has made substantial progress in developing democracy and politics, the propose of ruling by constitution is the logical road of Chinese continuous development of political civilization and rule of law. “The Chinese Communist Party Central Committee’s decision on a number of important issues in relation to comprehensively implementing governing the country by law” has specified that “To realize the rule of law, the country should be ruled in line with the Constitution.” The importance of rule by the Constitution has been fully elucidated. Rule by the Constitution needs some certain foundation and conditions, and the high attention paid to the Constitution is of great significance to Chinese construction of rule of law. The Constitution, as the fundamental law of the state, is the general statute of administering state affairs and ensuring national security, and it is an important implement for the ruling class to safeguard and strengthen its dictatorship. The Constitution holds the leading post in state’s legal system and has supreme legal validity and authority.However, rule by the Constitution, as a new practice of the ruling Party exploring socialist rule of law with Chinese characteristics, is facing some problems and challenges. This thesis is going to analyze and classify these problems and challenges, and then come up with solutions to them. Only if these solutions can be fully implemented will rule by the Constitution benefits the construction of rule of law in China, the lasting security and the economic developments as well as the all-round development of the society.The body of this thesis is divided into four parts:The first part analyses rule by the Constitution on theory at length. It defines the subject of rule by the Constitution and elaborates the definition politically and legally, then demonstrates that rule by the Constitution is the precondition to rule by law, and it’s also the need of building a country ruled by law.The second part analyses the foundation and conditions of rule by the Constitution. Constitution is the supreme authority’s fundamental connotation, legal structure and political value, which is the foundation of rule by the Constitution. It is proved that Constitution is the supreme law in a country by summarizing the constitutions of America, Italy, Japan and China. The authority of the Constitution should be grasped by its contents and characters, as well as historical background and original intention of the constitution. Then it elaborates the conditions in terms of legal system, establishment of democratic system, power allocation and human rights protection system.The third part summarizes the problems and challenges of rule by the Constitution, and analyses the problems from ruling subject to common people, from awareness of the Constitution to the system. A good tradition was not developed because of serious historical issues, and the political turmoil after the new China was founded, which all led to the destroy of democracy and legal institutions. The executive power expanded unlimitedly, citizen’s rights were reduced and they were lack of consciousness of right and constitutionalism. The lack of supervision and censorship system led to the abuse of force of state. All the problems have brought long-term distractions and dilemma. Besides, there are also challenges from the concept of rule by man and western constitutional government pattern. Only if we realize the problems and challenges as possible as we can will we come up with solutions.The fourth part proposes suggestions and solutions can be adopted to realize rule by the Constitution. With the 18 th CPC National Congress being the new opportunity in order to impel the development of socialist cause, rule by the Constitution should be the premise of rule by law. Firstly, the Constitution should be fully implemented and supervised. Secondly, the ruling Party should be strictly under the framework of the Constitution, strengthen the leading post, regulates the leading and ruling ways, and normalizes the relation between the Party and the government in line with the Constitution. Thirdly, the ability of rule by the Constitution should be improved in economic foundation and constitutional structure. Last, we should strengthen the publicity of the Constitution and popularizing law education.