On The Constitution Of Behavior

Constitution is the fundamental law, which provides a nation with political, economic, cultural, and other basic systems, in which constitutional rights and constitutional powers of the Constitution are two core issues. The protection of constitutional rights of citizens depends on the control of the state power, in other words, constitutional rights mean the constraints and limits of the state power. In the Relationships of Constitution, the connection and interaction between the subjects must be carried out by certain behavior. The relationship between Constitution and the constitutional subjects is the relationship between behavior and norms. In order to fully achieve constitutional rights and constitutional power, the subject of Constitution must transform their rights, powers, duties and responsibilities given by Constitution into the actual behavior of the Constitution. The behavior of the Constitution belonging to the constitutional subject related to Constitution is the essential part and a core element of the constitutional legal order.The behavior of Constitution is a legal act. Any legal action is inseparable from a certain subject, object, subjective factors, objective factors, and the complex process of the interaction between subject and object, and between subjective factors and objective factors as well. Behavior of Constitution is no exception, the definition of the behavior of Constitution is the Constitution-related act carried out by the subject of Constitution in the exercise of his or her rights or powers, obligations or duties, including acts of constitutional rights, constitutional power and unconstitutional behavior. The realization of constitutional rights depends on not only the implement of the specific constitutional rights by the subject of Constitution, but also the protection offered by the acts of constitutional rights. The criterion of both act of constitutional rights and the act of Constitutional power is made and regulated by Constitution.The state power came into being with the emergence of country. Once country emerged, it is bound to become a power beyond the society, which has the characteristic of independence, aggressiveness and alienation and so on. If the act of state power was within the scope of Constitution, it is the constitutional power, otherwise it is unconstitutional act. The existence of unconstitutional behavior not only do harm to constitutional rights, but also do more serious damage to the authority and dignity of Constitution, even possibly makes Constitution ultimately difficult to achieve. Therefore, to define unconstitutional act, and then establish the appropriate judicial review system is the indispensable condition of the modern constitutional system.This paper is divided into four parts: discrimination of the acts of Constitution, acts of constitutional rights, the constitutional power, unconstitutional behavior.The first part firstly talks about the definition of the acts of constitution, the relationship between the acts of constitution and Constitution. And then conducts further analysis of the characteristics and classification of Constitution, and briefly discusses the behavior of drawing up a constitution, acts of constitutional interpretation, constitutional supervision and abiding by Constitution.The second part is about the behavior of constitutional rights, discussing in detail the concept of constitutional rights, the characteristics, forms and classification of the behavior of constitutional rights, and briefly summarizing the factors influencing the exercise of constitutional rights.The third part is about the constitutional power, discussing in detail the concept of constitutional rights, and briefly analyzing the characteristics, scope, limits and consequences of the constitutional power.The fourth part is about unconstitutional acts. It mainly describes the concept of unconstitutional conduct in detail, and analyzes the characteristics and classification of unconstitutional behavior. In the analysis of review and dispose of this act, it firstly introduces the three typical unconstitutional kinds of censorship, and then analyzes the status of our system of constitutional review. At last, it puts forward some ideas about the establishment of judicial review system in line with Chinese characteristics.