Constitution of China

Author: Dong Heping
Publisher:
Publish Date: 2006-08-01
Features:
1. The Research Objects of Constitutional Law
Constitutional law is a legal science that takes the constitution and constitutionalism as its research objects. It is an important branch of law and belongs to the category of social sciences. Within the theoretical system of law, constitutional law serves as a mediator and bridge between the fundamental principles of law and the specialized fields of general departments of law, and it is considered a foundational theoretical discipline in the theoretical system of law. The constitution, also known as constitutional norms, is the static object of constitutional law research and the foundation as well as the preliminary stage of constitutional law study. Constitutionalism, which refers to the actual operational state of constitutional norms or the realization of constitutional ideals, is the dynamic research object of constitutional law and represents the deepening and advanced stage of constitutional law research. The basic theoretical issues of constitutional law research are fundamental rights of citizens, fundamental powers of the state, and the boundaries between the two.
2. The Theoretical System of Constitutional Law
The theoretical system of constitutional law refers to the specific content and internal structure of theoretical research in constitutional law. It was initially constructed by constitutional scholars of the bourgeoisie era and was subsequently revised, supplemented, and perfected during the socialist era. In the bourgeoisie era, theoretical research in constitutional law had two major contents: human rights and state institutions, which gave rise to topics such as state polity, state structure, electoral systems, and party systems. In the socialist era, constitutional scholars studied constitutional issues from the unique perspective of Marxism, forming topics such as state nature, economic systems, and the construction of spiritual civilization, thereby establishing the basic theoretical system of modern constitutional law.
3. The Disciplinary System of Constitutional Law
Constitutional law is not a single theoretical discipline but an organic group of disciplines comprising several research branches. The basic composition and internal connections of these branches constitute the disciplinary system of constitutional law. The disciplinary system of constitutional law is formed by initially establishing several branches based on different research perspectives on the constitution and constitutionalism, and then further developing these into distinct disciplines. Historical research on the constitution includes disciplines such as the history of Chinese constitutional thought, the history of foreign constitutional thought, the history of Chinese constitutional institutions, the history of foreign constitutional institutions, and comparative constitutional histories by country. Social research on the constitution includes disciplines such as constitutional sociology, constitutional policy studies, constitutional awareness, constitutional culture, constitutional order, and the study of constitutional governance. Ontological research on the constitution includes disciplines such as the principles of constitutional law, Chinese constitution, foreign comparative constitutions, the study of constitutional norms, and the study of constitutional legislation. Comparative research on the constitution includes disciplines such as the principles of comparative constitutional law, the history of comparative constitutional law, and comparative studies of constitutional norms, constitutional institutions, constitutional rights, and constitutional environments.
4. The Teaching System of Constitutional Law
The teaching system of constitutional law refers to the content and sequence of lectures in constitutional law courses. The teaching system differs from the theoretical system. While it is based on theoretical knowledge, it arranges the content in a way that aligns with students' comprehension and learning, ensuring a progressive and progressively expanding and reinforcing effect. The teaching system also differs from textbooks and teaching syllabi. It does not involve a comprehensive lecture of the content in textbooks and syllabi but selects important issues for explanation and illustration based on the course schedule and students' actual needs for mastering the subject, all within the scope of textbooks and syllabi. In a certain sense, the arrangement of the teaching system and the selection of teaching content also reflect the unique teaching approach and methodology of the instructor.