CONSTITUTIONAL CONVENTIONS IN CHINA

作     者：Hu Jinguang 

作者机构：Professor at Renmin University of China Law School Ph. D. 

出 版 物：《Frontiers of Law in China-Selected Publications from Chinese Universities》 (中国高等学校学术文摘·法学（英文版）)

年 卷 期：2014年第9卷第1期

页      面：96-107页

学科分类：12[管理学] 0301[法学-法学] 03[法学] 1201[管理学-管理科学与工程(可授管理学、工学学位)] 030103[法学-宪法学与行政法学] 

摘      要：Chinese scholars have carried out studies on constitutional conventions from three perspectives. The first perspective is to study in general terrr~, that is, to touch upon this theme while studying the principles and basic theories of the Constitution. The second perspective is to study while researching comparative constitutions, especially the British Constitution. The third perspective is connected with studies on constitutional 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 e：,~emplifying constitutional conventions and approaching this theme from a mainly static perspective that emphasizes their form of expression of an unwritten Constitution and the complementary parts of a written Constitution. Relatively, studies on the manifestations, normative characteristics, origins and evolutionary rules, as well as those on the legal and social functions of constitutional conventions are weaker. This causes a lack of explanatory power with regard to all kinds of emerging constitutional conventions in the constitutional practice of different states. In recent years this picture has changed to some extent. Chinese scholars have begun to concentrate on the origins and evolutionary rules of constitutional conventions, trying to understand accurately its legal non＇nativity and political modesty, in order to get the essence of constitutional conventions. Main areas of study in this respect will be discussed below.