中國憲法發展与社會變遷

Abstract

Constitution should maintain the basic principles and general stability in its development process，at the same time they should form some interaction with social change. China’s 1982 Constitution had experienced Four times Revision but lack of response to social reality though constitutional interpretation after the promulgation and implementation of four modify lack of response to social reality, therefore, on the whole, the Constitution modifications to the text of the Constitution as the basic means by the interpretation of the Constitution, but in practice, its relatively social development lags behind the rhythm, lead the direction of social development, the foundation for the future development of society, and to seek a breakthrough and a natural development, the role of the Constitution has not yet been fully exploited. Which institutional basic reason is that the constitutionality of the constitutional review mechanism is imperfect, leading to the constitutional review practice lackluster, which will undoubtedly greatly diminished the value of the Constitution, is not conducive to the formation of the modern social order of the rule of law. The basic goals of contemporary Chinese social change: (a) an open society and the democratization of the political process. (B) economic development and the distribution of benefits justify. (C) of the harmonious society and social governance, the rule of law. Get a response and resolve these issues in the constitutional system and practice. Fundamental problems facing contemporary Chinese constitution development process: (1) the constitutional power of the state the normative force enterprises to be strengthened, (2) optimization of the constitutional system, and integration. (3) the remodeling of the national unity and the two sides of the constitutional order, that in the future the process of national unity,the role and value of the Constitution will become increasingly prominent. (4)the formation of political democratization and the new social order, that the generation of the new constitutional order and social order in China. Future a benign interaction between social change and development of the Constitution, the Constitution should become bearers of social development,documented, and should also become the leader of the social practice and norms, the only way to a constitutional practice to defuse the revolutionary impulse, constitutional turtle (rail) eventually outperform the revolution the rabbit (Acts).