Research On Formation Mechanism Of Chinese Constitutional Convention

As a special political and legal phenomenon,constitutional convention plays an important role in constitutional practice in various countries.In the unwritten constitutional countries,the constitutional convention,as an important part of the constitution,is the embodiment of the constitutional spirit of the unwritten constitution country;In the constitutional country,if it is considered that the constitutional text provides for the proper state of state life,then the constitutional convention focuses on describing the actual state of national life.Therefore,although China is a country with written constitutional code,it still has the suitable soil and conditions for the existence of constitutional convention.In order to promote the constitutional convention to play an important role in supplementing,perfecting and guiding the implementation of the written constitution,it is necessary to study its formation mechanism.This is also conducive to avoid the interference of other factors in the formation process of constitutional convention,better play its actual binding force,improve the situation of the deviation between the text and practice of the constitution,thus promoting the implementation of our constitution.With the development of social practice,the constitutional convention has gradually entered the people's vision from marginalization.Chinese scholars gradually pay attention to and begin to study the issue of constitutional convention.At present,most of the researches focus on finding the existence of constitutional convention.Instead of seeking the existence of existing convention,it is better to explore the conditions and mechanisms for the formation of constitutional convention in our country.To study the formation mechanism of Chinese constitutional convention,first of all,to redefine the connotation of Chinese constitutional convention.Starting from the definition of the connotation of constitutional convention in different types of countries,this thesis proves that there are also constitutional convention in written constitutional countries.By progressively reasserting the connotation of constitutional convention in China,it emphasizes the comparison of words and similar concepts.This is the theoretical basis for abstracting the formation mechanism of constitutional convention.Secondly,it points out the general formation mechanism of Chinese constitutional convention,including the analysis of the causes of the formation of Chinese constitutional convention,starting from the "response" theory and the "acceptance" theory,as well as the study of the influencing factors in the formation process of Chinese constitutional convention,including subjective factors,internal factors,and spiritual factors,pointing out the specific factors that affect the formation of constitutional convention.Under the interaction and mutual influence of thesefactors,China's constitutional convention is formed.Thirdly,on the basis of pointing out the general formation mechanism of constitutional convention,this thesis specifically points out the two types of constitutional convention and their formation mechanisms,chooses the representative right to propose amendments to the constitution and holds NPC &CPPCC at the same time to study the formation mechanism of constitutional convention.Finally,it improves the formation mechanism of Chinese constitutional convention,evaluates the formation mechanism of Chinese constitutional convention before improving,and on the basis of experience of western countries in the formation mechanism of constitutional convention,it points out that the assumption of improving the formation mechanism of constitutional convention,including both theoretical and practical aspects.It mainly emphasizes the assumption of the formation mechanism of constitutional convention from the practical level,including clarifying the formation standards of constitutional convention,standardizing the main factors,and promoting the transformation of constitutional concepts,so as to promote the standardized operation of the formation mechanism of constitutional convention in China.