Introduction

A, constitutional thought of words

Chinese is history of the three gorges. China constitutional start, began 100 years ago the constitutional reform. The Qing government in the last 10 years of its existence, as China made a political reform scheme, and for the first time to test this scheme. Success and failure, test for future generations, have the same value. It gives us, than the event itself more vast. Because of the constitutional system is not only related with the age, but also with the previous and subsequent era of. Even, it is this system that era and today we together.

The modern constitutionalism shows Chinese fate. And the constitution is complex, due to the complexity of Chinese society.If policymakers to promote constitutional system, constitutional thought is intellectual creation.

Although, constitutional thought is not a pure theoretical system, but in theory are independent existence to society. But in the modern China, constitutional thought into the political too deep, so that its basic features and inherent logic is often too vague and difficult to grasp.

For example, we say that democracy, civil rights, constitutional government, Parliament, the training of such words, seemed to know its meaning, but always indistinct. In Platon's "ideal country" "allegory of the cave" prisoner didn't know what was behind him, they took the shadow as a true. To a certain extent,The prisoners were lucky, they see the shadow and the original shape; and the contemporary constitutionalism researchers unfortunately, shadow and the original far they see.

The shadow is the original projections, but the relationship between ideology and society is not so simple. Chinese constitutional thought, in addition to its inner logic, at the same time and between the social excessive entanglement.Thus, we were in the study of ideological history, should be based on social reconstruction of thought itself, also is the social ideology, re interpretation of a series of keywords modern constitutional history, and to clarify the confusion of logic.

Alienation, two words: trans contextual practice, the abuse of these two words, which are reflected in the key words of modern constitutional history.

  Words have meaning, probably no more than three sources: description, agreed with the provisions.

Three, cross context practice

Chinese knowledge is passive imitation of Western constitutional concept in the face of Western material and culture shock in the process, or do the creative use of. Influence of the West on two methods: USA Fei Zhengqing school, "Chinese center view"

Four, verbal abuse

The origin and evolution of the concept of constitution

Constitution:

Political experiment USA -- the law concept

Believe in the theory of social contract --A synonym is superior to other types of constitutional system and political

The British political experiment -- political concepts identified

"The two clues of modern process of meaning generation a constitution":

A: as a political term in the overall arrangement of expression system of government at this level of evolution

(by the British practice) associated with the ancient Greek word politiea

A: as a legal term used to determine the expression of fundamental legal meaning

       (by American -- including the North American colonial period -- provide) associated with the Latin constitutio

In the world of English word Constitution before sixteenth Century is mainly a medical concept, used to express the composition of the soul. After sixteenth Century, with the English in the formal legal documents using more and more extensively, the English world began "entities" "political entity" sense using the term constitution. Since then, the term is from a medical vocabulary gradually evolved into a political term.

The Constitution in both Britain and American, its semantics of Chengdu and "social contract" no association. When the western thinkers to the social contract theory as the origin of the citizens of the state according to the demonstration and proper rationality, the constitution as the structure form a constitutional fundamental rules or the government has been regarded as a social contract template, which is why it was not called "constitution" British "Great Charter" naturally the reason becomes the constitution model. However, "the social contract" is just the fundamentalist interpretation method of constitutional system, it is not the original meaning of the concept of constitution.

The concept of the constitution is to be "constitutional government":

Social contract theory is a theory to explain the origin of a country and government organization proposed by Hobbes, Rock, Rousseau et al. The approximate meaning of this doctrine is, before the civil society have had a "natural state", people living in the "natural state" in order to certain thought they signed a contract to escape from the natural state and together into a civilized society or country.

The core of the theory: later became a citizen of the people in the contract signed, on what must give up, what will remain in the future countries have reached an agreement.