Study On The Operational Procedures Of State Power In The Constitutional Perspective

The procedure reflects the human social interaction and order in the pursuit of equity.Procedural justice stems from the people of the rational exercise of power requirements and a strong desire to pursue social justice.The constitutional procedure as a product of modern constitutional movement originated from the United Kingdom in 1215 "Free the Magna Carta," It has been carried forward in the U.S. Constitution. The establishment of limited government is the basic requirement of constitutional government, so how to regulate the state power in order to better enable the state power to legitimate and reasonable operation and use this to protect the civil rights is an important subject. of constitutional study .In fact ,the constitutional procedure is a very wide coverage of legal terminology, operational procedures of the state power which is an important component of its part, the author starts from the concept of the constitutional procedure, the constitution of state power operational procedures of the basic theory of analysis and reference on the basis of foreign experience to explore ways to improve China's operational procedures of state power. This article is divided into four parts, the main framework of this article is as follows:The first part is the introduction to explain topics of this paper the background, purpose and significance.The second part is the basic theory of the constitutional procedures and the operational procedures of the state power . Proceeding from the basic theory of constitutional government proposed to strengthen the constitutional procedures in the operating procedures of state power is to promote the construction of our constitutional question of the meaning. The concept of the constitutional process from the start, pointing out that the relationship between the constitutional process is a constitutional act of the main procedures for implementation of the constitution, specifically refers to the formulation of the constitution, interpretation, implementation and review of the constitutionality of such steps, ways, means and time frames combined. The constitutional process as well as the characteristics and classification are set forth, and then made operational procedures of the constitution of the state power is the means the constitution, constitutional law, constitutional practice, the constitutionaljurisprudence under the authority of the state and the state the owner of the rights between the exercise of power and power conversion process, the organization of organs of state power, the establishment, powers and authority to run the program constraints of power procedures. At the same time proposed operational procedures of the constitution of the state power is one of the most important constitutional procedures, the embodiment of spirit of the Constitution, has regulatory authority of the state to ensure sound operation of state power to protect civil rights to safeguard the constitutional authority of the function.The third part analyzes the United Kingdom, the United States, Germany and Japan, four major countries of the constitution, state power operational procedures based on the research scholars sum up strict rules and due process of law doctrine mode model is the operation of Two schools of state power two modes. Through a comparative analysis of the two models, recognizing the doctrine of China's strict rule is necessary to model a foothold to establish a model of due process of law as the ultimate goal to improve our operational procedures of state power, and this process should be implemented gradually.The fourth part analyzes the operational procedures of our national power shortage and lack of status and the reasons put forward the concept of our program to enhance the rule of law and procedural law system gradually improve China's comprehensive national power to provide the conditions for operating procedures. China's state power and the improvement of operational procedures from the national conditions, adhere to principle of necessity. Finally, the paper proposed a change from the electoral process, the people's congresses and their standing committees of the supervisory process, constitutional review process to participate in national power of the Chinese Communist Party to improve the procedural aspects of the operational procedures of our national power.The research methods of the article are: (1) comparative analysis, examining the foreign country's national power of the major mode of operating procedures to compare similarities and differences between the two models ,to analyze the reasons and presents them to the country's national authority for the operational procedures of the enlightenment (2) theory contact practical ways, contact the operational procedures of our national power status, analyzing its shortcomings, drawing on relevant institutions abroad, on the basis of a completset of operational procedures of our national power to a specific concept.