On The Constitutional Procedures

The thesis analyzes and illuminates the common theories of constitutionalism procedures, comparatively studies constitutionalism procedudres, and disgusses the improvement of China's constitutionalism procedures. After illustrated the concept, specialities, values and principles of the constitutionalism procedures, the thesis concentrately points out:The constitutional standard distinctions between the due procedure mode and the strict regulation mode include different value orientation. The reasons are the differences in their cultural tradition in law, the history milieu of court and the epistenology basis. The due procedure mode is the mainstream of constitutionalism procedure. China should take the strict regulation mode as her foothold, and the due procedure mode as eventual destination, and try her best to construct constitutionalism procedures.China's constitutionalism procedures are inperfect in three aspects of drawing up, enforcing and upholding constitution, resulted in the procedure instrumentatism idea, procedure subject's non independence and the judicial idea of the strict regulation mode. The thesis brings forward system measures according to the requiremints of the constitutionalism procedure fundamental principles. Through analyzing the external conditions of constitutionalism procedure operating, the author thinks that it is necessary to create corresponding social milieu as indemnity for Chinese constitutionalism procedures if we hope them be carried out, and bring institutionalizing function.