The Research of Institution Building of Amending Proposal of Chinese Constitution
|Keywords||Revision of the Constitution Constitutional Amendment Proposal Constitutional boundaries Institution building|
Proposed as a constitutional amendment process, its purpose is to amend the Constitution. As a research object, the first thing to do is to clarify the significance of research, and secondly to clarify how the research. For these two problems, the article in the introduction to be the answer. In the " issues " a section, from a practical and theoretical point of the proposed constitutional amendment to answer the research significance. From a practical perspective, the study constitutional amendment proposal is conducive to enhancing the vitality of our Constitution and realistic guiding force, and strengthen the party’s leadership; From a theoretical perspective, the study suggested a constitutional amendment proposed amendments to our Constitution is conducive to promoting the normative studies have rule of law in favor of the development of socialism with Chinese characteristics, give full play the main role in the constitutional amendment. In the " New Institutionalism and Political Science Methodology" a section, perspective for this analysis are described. Focus from new institutionalism social system, historical institutionalism and rational institutionalism three schools starting, demonstrated the use of institutionalism perspective analysis and feasibility of the proposed system to build constitutional amendment. Finally, in the introduction also incorporates relevant literature for this study provides a brief overview of the framework The first part, the article first from the perspective of political theory analyzes the necessity of constitutional amendments, mainly on Locke, Rousseau, Sieyes Montesquieu, Jefferson, Hamilton and other universities to do the analysis point of view sages. Of course, taking into account along with the Constitution’s position in the world has gradually established the constitutional amendment meta theoretical exploration is no longer just focus on the content of political science, norms increasingly important constitutional amendment. The article also from the economic social, political, social awareness and other aspects of reality for constitutional amendments factors were analyzed.The second part of the article analyzes the concept of constitutional amendments, characteristics and general procedures, demonstrated the necessity of extending the constitutional amendment process, and the proposed constitutional amendment connotation, characteristics, and functions of the value of general procedures were analyzed.The third part of this paper, the existence of the constitutional amendment controversial theory as a starting point to analyze the constitutional amendment borders and our country is in transition, according to such characteristics, the content of the proposed constitutional boundaries clear. That is, the state system included in the prohibition discussions; would involve political, economic and other aspects of the basic system and other aspects related to the fundamental principles of human rights as restricted discuss contents; cultural systems will be fully discussed and other content as the content.The fourth part, the right to amend the Constitution as a starting point, the analysis of the constitutional right to modify the content, features, the binding characteristics of the proposed constitutional amendment, constitutional amendment proposal analyzes the main category. Then, given the article’s main purpose is to improve our constitutional amendment proposal to provide comments and suggestions, so by analyzing the ruling party’s role in the constitutional amendment, the constitutional amendment for the ruling party to play a leading and dominant role has been demonstrated.The fifth part, for our country’s constitutional amendment proposals were historical review and analysis, and on this basis, the proposed model of the proposed constitution were summarized and generalized. And from both positive and negative aspects, for our constitutional amendment proposed model were evaluated.Part VI, combined with China’s actual conditions, for the institutionalization of the process of constitutional amendment proposal of building the corresponding ideas. Main recommendations from the process of constitutional norms institutionalized the concept of universal, standardized constitutional amendment proposals, recommended procedures and a host of constitutional norms, to form a continuous feedback mechanism about the four aspects of the process of constitutional amendment proposal institutionalized.