Response To Constitutional Moment:Societal Constitution Norms

From the track and the depth of historical development,we are now in a time of change and social transformation of the era.When study the change and transformation of society that emerge constitutional moment,the constitutional moment different scholars give different points.Constitutional moment contains social fragmentation and collision,it need the constitution to deal with fragmentation and collision,But the previous constitutional practice model in the face of social system fragmentation and collision is not successfully,They come with some new constitutional problems.These new constitutional problems are result of social systems of functional differentiation and social system fragmentation and collision,They focus on the economic,cultural and social fields.They connect with human survival,development and environmental protection,the theory needs an effective tool to deal with these new constitutional issues,societal constitution norms is emerged.Societal Constitution norms is the product of social development,it regulates social life,emphasis on politics seep the social life and social responsibility,focusing on substantive equality.As a new theoretical tool,It needs to understand the Constitution and study the theory of Societal Constitution,through Value jurisprudence and jurisprudence of constitutional interpretation understand the Societal Constitution norms.The article analysis with the source of Societal Constitution,The norms of Societal Constitution is the inevitable trend of social development and human rights,description of Societal Constitutional norms in tabular form,introducing the norm of Societal Constitution in many countries.when by systematic research into SocietalConstitution norms,Societal Constitution science is emerged.The Societal Constitution science different with other social theories,it regulates social life,emphasis on politics seep the social life.Societal constitution bases on the theory of the Political Constitution,it transition into societal constitution,It adjusts economic,cultural and social rights,reflecting the constitution and legalization about economic,cultural and social rights.Economic,cultural and social rights in China is not only the basic rights of the constitution,but also China's basic national policies.China is a socialist country in the transition stage,China different with the separation of the three power western countries,but China is also in the state of Teubner describes the constitutional moment mutations.although the economy has made good progress,there also been many problems and crises in society and environment.Chinese Constitution contains a number of economic,cultural and social rights terms.Focusing on substantive equality,if want resolve problems and crises in society and environment need to implement Societal constitution norms.The political philosophy and social system is not the same,in the premise of implementing Societal constitution norms is based on the existing social system,rely on the leading role of the state,by performing positive obligation of the state and the specific case implement Societal constitution norms,to protect the economic,cultural and social rights of citizens.This paper introduces and analyzes cases of Societal constitution norms which involving education,property rights,labor rights,cultural rights,environmental rights and the right to social security,these cases reflect the social development process about Societal constitution and provide a theoretical basis for some practical research Societal constitution norms.Societal constitution accords with the theory of Chinese social system and Constitutionalism,China is no longer a vertical type of society,but society of contract,discussing Societal constitution norms in China under the existing system,and through specific cases indirectly implement Societal constitution norms can achieve substantive equality.