2003•Shanghai Jiaotong Daxue Xuebao(Shehui Kexue Ban)Requires access
On the Natrure of Constitution's Control Power
Jiang De
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Abstract
The most hypostatic spirit and the characteristics of Modern law is its control power. In modern nations ruled by law the constitution's core contents concern the establishment of control power and its guarantee.Without the control power, there would be no constitution, and vice versa. The constitution's innate character of control power is a premise for it to become the basic law. The constitution becomes the basic law because it is a power control law. Without its power control function, the constitution would lose its position as the basic law. The power control nature of constitution has been long ignored in China. The “multi nature theory” in the Chinese constitution research circle has to a large extent weakened the constitution's power control character, and affected the implementation of the constitution. China not only needs breakthrough in the constitution concept, but also faces the construction of a power control system.