What is the ConstitutionManuscript source: Southern Metropolis Daily Author 2012-05-09:Tong Zhiwei 

   The most prominent feature of the external constitution is the national fundamental, but in ancient Greece, ancient Rome has been a legal document has basic characteristics, and the basic law concept. The famous ancient Greek scholar Aristotle in his book, "the constitution", from time to time to talk about the basic organization refers to the provisions of national institutions and authority of law. In the era of ancient Rome, has a basic organization about the national common law and executive can change different, there must be an officer involved can change law. Can say, in Europe in ancient times had the budding.(source: Southern Metropolis DailyNandu network)

    The earliest history of unwritten when pushed around 1688 the basic formation of the British constitution. The oldest written constitution in the history of the 1787, two years after the entry into force of the American by constitution; successively appeared later and the French Revolution in the process of the constitution. Chinese contact and gradually accept modern constitutional idea, is starting from the end of the nineteenth Century. In Meiji Japan, western law concepts into Japan, Japanese scholar of ancient literature reference China formulation of fundamental law translated as "the constitution". In nineteenth Century 80, Chinese reformists, reformers put forward the "constitution" and other claims, the constitution of two words, is "Japanese export to the domestic" results. In 1908, Qing Dynasty promulgated the "imperial constitution outline", this word, the Constitution in China official documents for the first time with the above definition.(source: Southern Metropolis DailyNandu network)

    This year is just Chinese constitutional history for 100 years. 1912 March published "provisional constitution of the Republic of China" is Chinese first constitution, but the interim constitution. The first formal constitution Chinese is announced in 1923 the "constitution of the Republic of China", and new year's day in 1947 published "the constitution of the Republic of China". The first plenary meeting in September 29, 1949 Chinese people's Political Consultative Conference passed a "common program", this is a temporary constitution in 1949 established the people's Republic of china. Later produced the constitution of 1954, the constitution of 1975, the constitution of 1978 and the 1982 constitution. China constitution was passed in 1982, has been the four amendment.

    In all the code of conduct of the country, the constitution is the highest standards of behavior, has the highest legal effect. In the modern country under the rule of law, constitutional and common law together form a unified legal system. In this system, the constitution, constitution is the most strict procedure, usually by the subject with the above 2/3 and adopted by a majority of the national will, reflect the most comprehensive, the most concentrated, the most authoritative. No doubt, the constitution authority than according to the constitution the authority. So, the constitution is the law system of a country the highest ranking law, establish common law must take the constitution as the basis. Our constitution is no exception. China's constitution stipulates: the constitution is the fundamental law of the state, has the highest legal effect.

    The constitution is the law, compared with the common law, the constitution has the following characteristics.

    Contact the 1 constitution and certain democratic facts, is the performance of democracy. American revolutionary Paine said, "the constitution of a state is not the decision of the government, but the government's decisions". The constitution should be the legalization of democracy, if there is no basic democratic facts, never really had the constitution. Because, the autocratic rule does not require the constitution, only need constitution furnishings, do window dressing.

    The 2 constitution directly restricts the scope of authority and exercise. Fundamentally speaking, the constitution should be the national own agreement, commissioned by the national authorities from the national, public institutions have much power, how to exercise the power, must according to the provisions of the constitution to determine. Public power is not constitutional basis is illegal and invalid.

    The 3 constitution responsibility is different from other legal liability. Constitutional liability is unconstitutional responsibility. The subject of constitutional responsibility generally only is the state organs and other exercise functions of a public institution, ordinary citizens only illegal responsibility not unconstitutional responsibility, because the constitution of civil behavior is realized through legislation. In this connection, the unconstitutional act even involve individuals, often also is the duty behavior, therefore, unconstitutional responsibility usually expressed as a political liability, liability is usually the resignation, dismissal, dismissal, impeachment.

    (from yesterday "Oriental Morning Post" author Tong Zhiwei Department of East China University of politics and law professor, Chinese Constitution Research Association vice president, Shanghai constitutional law association. )