On The Relation Between The Culture Of Rights And Constitutional Enforcement

The culture of rights does not include all the social phenomenon and activities about rights. This "culture" is narrow sense culture, namely spirit culture. "The right culture just means people (citizens) and organizations have some cognition, emotion, reviews, aspirations and expectations on phenomenon or activities of rights, just like the words which are often called’rights concept’and’right spirit’by the academic literature or the mass media ". The culture of rights not only educates man how to become aware of the rights, but also it let people know, more important, how to respect for the rights and safeguard rights and rationally get the realization of rights. Here respecting for the rights is not only to respect for one’s own, but to respect for other people’s; here safeguarding the right is not only to protect their own, more important to protect others, and public authority of the State to safeguard people’s privacy rights. The realization of rights according to the law is against the extreme individualism, and oppose the activities which harm the interests of the public and other people on the false pretenses of rights. The enforcement of the Constitution is a dynamic process of politic, which constitutional norm implement in the real-world. In a certain sense, It is also a process of implementing Constitutionalism. The value of constitutionalism is their common point between right culture and constitutional enforcement.The political civilization in the West is the source of the modern right culture. The constitutional politic in Ancient Greece is the history factors of the modern right culture. The culture was very decadent in the early Middle Ages, so Christianity played an important role in lasting the traditional civilization and political decentralization with secular society. Both the constitutionalism theory in ancient Greece and ancient Rome and the Christian doctrine in Middle Ages are not the real mean of rights in modern culture. The real rights culture began at 17-18th century when the commodity economy start to boom, and the Enlightenment of humanistic thought led to the modern meaning of rights of Western culture. As the capitalist economy from free competition to monopolies, the society begin to improve human values and to call for equal political rights, so modern rights are broader and deeper. Following the change of right culture, it brought some echoes from constitutional politic. The exercise of constitutional rights is more rational, and constitutional rights of content is richer, and greatly focus on equality. The culture of rights in China gradually developed and grew up with as the enlightened people introducing Western civilization in modern times.The traditional Chinese culture and Western right culture took place a fierce collision in modern history, which mainly reflected in the ideological activities and the doctrine advocated by representatives in modern China. In modern times, the culture of rights,when it was just a bud, had possessed the inevitable utilitarian features. However, according to binging into the right culture and its preliminary development, it has played a role of enlightenment in the road of China’s constitutionalism. After establishment of new China, our rights culture come into the localization stage; Particularly since the beginning of reform and opening up, they have basically formed a positive interaction between the culture of rights and the Constitution.