Research On The Validity Of Chinese Constitution's Preamble And Enforcement

As a guided paragraph of the whole constitution,the preamble of the constitution has its particularity in structure and form of expression.Although all researches on this topic in the theory of the constitution admit that the preamble of the constitution has the validity to some extent,on the premise of maintaining the consistency of positions and not denying the validity of the preamble of the constitution,there are great differences among researchers in the way they follow and the detailed development of their conclusions.In the field of constitutional law,different philosophical backgrounds,research paradigms and holders of constitutional ideas all have different understandings and arguments on the preamble validity of the constitution,which makes this topic continue for a long time.The preamble of the constitution contains multiple contents,such as facts,values,politics and norms,which are interlaced or even combined in the preamble.However,the contents of these different natures are not consistent in their status of effectiveness and their role in the preamble is not without distinction.Facts cannot have the property of validity,and one should not cling to the validity of historical statements.As for the validity of the preamble of the constitution,the normative criterion should be used to examine the validity of different components in the preamble to see whether the content of the preamble directly adjusts people's behavior.As a combination of political nature and legal nature,the preamble of the constitution has a distinct ideological color.In the normative form,it is an abstract principled norm,and its normative object is mainly the behavior of public power organs in the political field.Focus on the constitutional enforcement by other countries,the application of the preamble of theconstitution always make the end the controversy of the preamble validity,what kind of the direction that the problem of constitution preamble validity will develop to also depends on the way that the preamble of the constitution show its effectiveness in the constitution enforcement,and how to implement the effectiveness of the constitution preamble as well as a problem concerned by the Constitutional Law.The preamble of the constitution cannot be used as the norm of judgment to directly determine the power or right of the norm subject,but as the objective norm it is applicable to the interpretation of the constitution and laws and the process of formulating the norm.Based on the constitution itself,our country can't follow some countries have adopted mechanism to judicial cases as the carrier of the implementation of the constitution of the content of the constitution preamble into practice,but our country existing within a constitutional framework also exists some enforcement mechanism,should fully tap which contains can promote factors on the implementation of the constitution preamble,promote the implementation of the constitution preamble.