论现行宪法与政治文明的亲和性

The Affinitg between the Present Constitution and Political Civilization

政治文明与宪法具有天然的亲和性。人权问题是政治文明的终极关怀,宪法是这种关怀的最佳表达;民主政治是政治文明的基本保障,民主制度是宪法的重要内容;法治是政治文明的基本运作方式,宪法至上是法治之本。1982年宪法满足了立宪主义的普适性价值要求,又具有自己的特色,是中国政治文明史上的里程碑。

Political civilization is close to constitution by nature. Constitution (1982) is the milestone in the history of the political civilization in China. Political civilization is an important part of the human civilization. Civilization, a historical concept in contrast with obscurity and savagery, is Man's active achievement that shows the development of his society. It is acquired and accumulated during the long history of Man's recognizing and transforming word.  Human right is the utmost solicitude of the political civilization while constitution is the best expression of this solicitude. Civilized politics should be legitimate politics. Political civilization should include political legitimacy. What is political legitimacy? The aim of any political union is to safeguard human rights of life, freedom and the pursuit of happiness. Human right is the basic pursuit of political civilization. 'Constitution is the paper with human rights on it.' Human rights exist earlier than the constitution and the state, 'It is not because the constitution stipulates them, and then they are human rights, but because they are human rights, the constitution stipulates them later.' Human rights have been the first value of the modern constitution, the universal value of constitutionalism, and the source and final settling place of the constitution. Our constitutions of 1954, 1975 and 1978 stipulated that 'all powers belong to the people', it is in fact the most concentrative and classic proof of the legitimacy of government and politics in china.Democratic politics is the basic guaranty of political civilization and democratic law is an important part of the constitution. Our constitution (1982) and its amendment confirm the values of democracy. The preface to the present constitution, writes: 'All branches of the government and its staff must rely on the people, often connect with the people, hear the opinion of the people, accept the supervision of the people, and work for the people.' Constitutional law provides the basic regulations of democratic politics on the basis of the constitution of 1982 and its amendment.Rule of law is the basic running way of political civilization. Constitutional supremacy is the base of the 'Rule of law'. Civilized politics should drive away willfulness. It is the constitution (1982) and its amendment that affirm the 'Rule of law'. Constitution (1982) provides, 'The state protects the unity and dignity of the socialist legal system.' The amendment of 1999 provides an item before it: 'People's Republic of China will run the state according to the law to build a country ruled by laws.' Constitution (1982) provides the basic principles of the 'Rule of law'.Constitutionalism is the nuclear of the political civilization, and to perfect the law of constitutional supervision is our unfulfilled mission. Constitutionalism means the realization of a constitution with legitimacy, which is certain to reflect the basic needs of the political civilization. In fact, the law model of political civilization is constitutionalism. Constitutionalism relies on the developing laws of supervision. Lots of flaws exist in our constitutional supervision.The constitution of 1982 not only accords with the demands of universal constitutionalism, but also has distinguishing features. It is a milestone in the history of the political civilization in China.