The core problem of the constitution is the relationship between the rights and powers of the state power, i.e., the protection of civil rights and freedom.

   The constitution is the product of modern democratic politics. The primary premise of democratic politics is based, is to admit a full citizen rights and freedom in the law; but the rights and freedoms, is built on the government power to exclude illegally basis; illegal intervention of government power to exclude the best, is the government authority, within limits standard the legal range. The legal range, is by the constitution to delineate. Therefore, the basic purpose of the constitution, is through the regulation and restriction of government power, to protect the rights and freedom of citizens of the law.

    First, restricting power with power.The constitutional protection of civil rights and freedom, mainly through the standard and the restriction on state power to achieve. The constitution of the state power, mainly reflected in the ways and procedures, the state power operation, effectively carry out the state power in the constitution set the norms. Any state power must be achieved by appropriate form can, through the provisions of constitution is the form of political organization and the form of state structure, national problem, adopt decentralized manner, scientifically formulated national powers, checks and balances between the organs of state power, can make the organ of state power clear, orderly, decrease, avoid conflict and friction, can prevent the abuse of state power, guarantee the practical realization of the citizen's right to freedom, in order to realize the need to consolidate the state power.

    Second, restricting right with right.The protection of civil rights and freedom in the law is the core value of the constitution, the basic function of constitution. Democracy and human rights in constitution is the most basic value orientation. The protection of civil rights and freedom, a notable feature is the current constitution of our country. The second chapter on the fundamental rights of citizens made up for the provisions, reflects the status of citizens in the country, established the guidelines for the relationship between citizens and the state and citizens between. Constitution as the fundamental law, the provisions about civil rights, become the legislation on the basis of ordinary law. While the common law, and is a necessary condition for protection of the constitutional rights of citizens. The rights of citizens once violated, they can seek protection through the legal way. "No relief, no right, there is relief will have the right to".

    Third, restriction of power by society.Power control, power and ability to influence others. Power has dual character, namely the effectiveness and corrosive. Montesquieu had asserted: "all those who have power are easy to abuse of power, this is an experience unchangeable". Chinese after long time of feudal autocratic rule, the citizens consciousness of constitution is not strong, and expanded in some aspects of the state power is very serious. Therefore, to establish the value of science view be imperative in society. Establishment of various social groups is the effective means is to restrict the state power, and also an effective way to promote the construction of a country under the rule of law China. Because a person's strength is small, and the social group is a set consisting of like-minded individuals, so only the social groups in the community can form a certain influence, can effectively to safeguard citizen by restricting state power (including everyone in the group) rights and freedom.