| Since the beginning of the constitutionalism in the late Qing Dynasty, China has begun to pursue "national integration" and tried to integrate individual freedom, social order and national prosperity into a theoretical framework. In the early years of the New China, this approach was continued and strengthened. One of the goals in the phase of state building in New China was to achieve the homogenization of individual, social and national interests through social reconstruction, including land reform and industrial-commercial transformation. The policy of reform and opening up implemented since 1978 has shattered this political homogenization and promoted the separation of individual interests from state interests. The economic system was therefore differentiated from the political system. The purpose of building the rule-of-law state is to realize the separation of legal system from the political system and enable it to operate independently. Today, we need to reflect on the functions of constitutional law from the perspective of the functional differentiation of social system and derive the formal and substantive attributes of the principle of "rule-of-law state", as well as their corresponding functions, from this social theory. On the above basis, the substantive values contained in the 1982 Constitution can be discussed. |
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