CONSTITUTIONAL CONVENTIONS IN CHINA

中國憲法慣例研究

Chinese scholars have carried out studies on constitutional conventions from three perpectives. The first perspective is to study in general terms, that is, to touch upon this theme while studying the princuples and basic researching comparative constitutions, especially the British Constitution. The third perspective is connected with studies on consitutional resources in China. until now there is no monograph dedicated to this theme; it is mostly seen in academic papers, textbooks and works on basic theories. Traditional studies tend to be confined to exemplifying consititutional conventiona and approaching tjis theme from a mainly ststic perspective that emphasizes their form of expression of an uneritten Constitution and the complementayr parts of a eritten Consititution. Relatively, studies on the manifestations, normative characteristics, origins and evolutionary rules, as well as those on the legal and social functions of consititutional conventions are weaker. This causes a lack of explanatory power with regard to all kinds of emerging consititutional conventions in the consititutional practice of different states. In recent teas this picture has changed to some extent. Chinese scholars have begun to concentrate on the origins and evolutionary rules of consititutional conventions, trying to understand accurately its legal normativity and political modesty, in order to get the essence of constitutional conventionc, Main areas of study in this reapect will be discussed below.