A Critical Review Of The Methodological Divergence Of China's Constitutional Jurisprudence

Based on the jurisprudence methodology,the current Chinese constitutional jurisprudence separate into two contrary studies,namely the mainstream constitutional jurisprudence and the political constitutional jurisprudence.This article aims at an objective restatement and criticism of the differences and discussions between them,however not only in view of the methodology but also in view of the ontology.In addition to the introduction and conclusion,the article is divided into four chapters.The introduction is a simple summary of the current discussion of the constitutional schools in China,namely the opposition between mainstream constitutional law and political constitution.In addition,the introduction explains the thread of the study,namely from the constituent power theory.The first chapter makes an archaeological analysis of the historical origins of the constituent power theory,and limits this work between Sieyes and Schmitt.After that,the author draws up the amending law of constituent power theory in the second chapter,tries to relieve the dilemma of the theory,introduces and evaluates the current constituent power theories in China,explains the constitution making history of People's Republic of China at the end.Begins with the definition of legal sources,the third chapter discusses the constitutional norms from the definition of constitutional sources,and then introduces the current theories about the constitutional sources;under the force of the Constitution,the theory of constituent power is relevant again.From the dichotomy of fact and value,the duality of the constituent power and the duality of the constitutional implementation are summarized.Accordingly,the Constitution has a dual nature.Based on the concepts from mainstream constitutional study,the fourth chapter discusses the implementation of the Constitution.In the conclusion of the article,the author combines with the above conclusions,discussed academic prospects of the mainstream constitutional law and political constitutional.