Culture Of The Constitution Of The Period Of Social Transformation

Social transition refers to carrying on the transition of social structure, it is a period that our society changes from traditional society to modern society .Since the Third Plenary Session of the 11th Party Central Committee, China has begun to enter the new historical time of social transition, the society turns from the system of planned economy to the market economic system. China has also changed deeply in all fields, at the thought, traditional idea begin to go down the altar. Economically, planned economy and various kinds of systems in conformity with planned economy which our country has implemented for a long time has been replaced by market economy and various kinds of social systems taking economic construction of the market as the base gradually. Politically, a series of political structure reforms about democracy and rule of law accelerated the progress of social transition .Social transition is a specific historical period lying between traditional society and modern society, because social transition is a new specific historical term that new society replaces old society, so Chinese social transition has the social characteristic with the contradiction and merging, such as heterogeneity and formalism.In the course of social transition, the transition of culture is the inevitable outcomes of social changes too, constitutional civilization is a kind of culture, so social transition will drive the development of constitutionalism and constitutional civilization. Constitutional civilization can be divided into four levels from its structure. Firstly, about the thought of the constitution, including thought of the traditional constitution, thought of the foreign constitution and modern constitution thought, etc. Secondly, the norm of the constitution, including the forming process and the structure characteristic of the norm of the constitution, the scope of validity of the norm of the constitution, etc. Thirdly, the consciousness of the constitution which is people's understanding, emotion and belief of the attitude to constitution. Fourth, the appraise about constitution. In fact, constitution civilization of the specific period of a country and the development of the constitutionalism can not be separated, since our country's reform and opening-up, the course of the constitutionalism has been incorporated in the mighty torrent of the whole social transition too. So the social transition of our country has a very close relation with the constitutionalism. On one hand, the constitutionalism is a response device of the social transition, the development of the constitutionalism is restricted by the social transition; On the other hand, the constitutional government can not do nothing at all times in the social evolution, it can lead, guide the social transition, and reserve the essential space for the social transition at the seem time, therefore it is a push device for social transition.Then, in the condition of the social transition, what does the constitutional civilization appears? In the course of the social transition, because of the function of theconfliction and integration between the traditional and modern culture, Chinese and Western culture, heterogeneity, formalism and are the characteristics of the society. And heterogeneity, formalism are also the corresponding characteristics of the constitutionalism in the period of social transition too.The heterogeneity, formalism of the constitutionalism can be reflected from implement aspect, system aspect and the psychological aspect of the constitutionalism. On the implements aspect, internationalization is the most important character of implements in the special period of social transition. However, there are still China's inherent cultural tradition keeping behind the implements. As the example with the cape, recently, we has introduced cape in judicial reform. But how to change traditional judicial idea so that real justice remains under the " dress of justice " is still the problem which is lived to be solved for us.At system aspect, constitutionalism is reflected as coexistence between traditional option on constitution and advanced constitutional norm. The authoritative regulation about the constitution become more perfect day by day, but the implementation of the constitution is unsatisfied .So far, the constitution is still unable to set foot in the lawsuit field. Because the inherent characteristic of constitution, such characteristics as frequent changes, policy, etc. appear on the norm of the constitution, however, just in the course of revision, the constitution demonstrates the characteristic of humanism gradually in content.At psychological aspect, heterogeneity can be reflected through two respects, psychology of constitutionalism and consciousness of constitution. Firstly, psychology of constitutionalism. Heterogeneity means that different class may have different option on constitutionalism, Secondly, consciousness of the constitution, shown through the investigation , the weakness on the consciousness of the constitution is a cultural problem of the constitution in the period of social transition too, so we need cultivation of consciousness of the constitution.In the analysis of three levels of the constitutional civilization of China in the period of social transition, we can see clearly that the heterogeneity, formalism are the positive side of constitutionalism .It is very helpful to promote the development of constitutionalism of our country. But under the historical condition that the society is in the period of transition, the cultivation of democracy plays a basic role in promoting the development of Chinese constitutionalism. What is the most important thing that China needs is not constitutional reform. In the period of social transition, social changes, cultivation of consciousness of the constitution may be the first things that China should do. Only do like that, China may have the chance to get on the way to constitutionalism.