2007•Xiandai faxueRequires access

Between the Constitution and the Political Party

Yu Guo Zhong

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Abstract

While making clear the intrinsic connection between the constitution and the political party,we should bear in mind that the constitution originates in the political party and the former is a product of the activities of the latter.It is political parties in different cultural contexts that frame various constitutional systems.On the other hand,however,the political party relies on the constitution.An incumbent party especially relies upon the constitution that validates and justifies its governance.Examining the relationship between the constitution and the party in the context of contemporary China,one can readily accept the fact that it is the people under the leadership of the Communist Party of China that established the existing Chinese Constitution.The Constitution legalizes the Party's positions.Unfortunately,scarcely has the reliance of the Party's governance upon the Constitution been emphasized.As such,that “the Communist Party of China governs via the Constitution” should be deemed to be a large and alluring topic at present.

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What this paper is about

While making clear the intrinsic connection between the constitution and the political party,we should bear in mind that the constitution originates in the political party and the former is a product of the activities of the latter.It is political parties in different cultural contexts that frame various constitutional systems.On the other hand,however,the political party relies on the constitution.An incumbent party especially relies upon the constitution that validates and justifies its governance.Examining the relationship between the constitution and the party in the context of contemporary China,one can readily accept the fact that it is the people under the leadership of the Communist Party of China that established the existing Chinese Constitution.The Constitution legalizes the Party's positions.Unfortunately,scarcely has the reliance of the Party's governance upon the Constitution been emphasized.As such,that “the Communist Party of China governs via the Constitution” should be deemed to be a large and alluring topic at present.

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Available abstract

While making clear the intrinsic connection between the constitution and the political party,we should bear in mind that the constitution originates in the political party and the former is a product of the activities of the latter.It is political parties in different cultural contexts that frame various constitutional systems.On the other hand,however,the political party relies on the constitution.An incumbent party especially relies upon the constitution that validates and justifies its governance.Examining the relationship between the constitution and the party in the context of contemporary China,one can readily accept the fact that it is the people under the leadership of the Communist Party of China that established the existing Chinese Constitution.The Constitution legalizes the Party's positions.Unfortunately,scarcely has the reliance of the Party's governance upon the Constitution been emphasized.As such,that “the Communist Party of China governs via the Constitution” should be deemed to be a large and alluring topic at present.

Key concepts: Constitution, Politics, Communism, China, Law, Political science, Context (archaeology), Limited government

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