РОССИЙСКИЙ КОНСТИТУЦИАЛИЗМ : ИСТОРИЯ И СОВРЕМЕННОСТЬ

66 YanHongting JilinUniversity LawSchool, Changchun, China THEDEVELOPMENTOFCONSTITUTIONALRIGHT INCHINA “Constitutional right is to be confirmed and protected by Constitution” [0] . The expression of constitutional right of the current constitution in China is "the basic rights of citizens". This concept can be traced back to the Soviet Union. After the People'sRepublic of China (PRC) founded, Chinese government promulgated the first constitution in 1954. Many clauses directly transplanted from Soviet Union Constitution of 1936 and the constitution amendment of 1982were still based on the Constitution of 1954. The essence of constitutional right is that it confirms the fun- damental norms and values of society in the form of constitution, so the core of con- stitution system is constitutional right. Thus the issue of protecting constitutional rights has become an important content in constitution research. Politics have strong influence on formulating constitution. The first constitu- tion of China that was amended in 1954was aiming to be used for propaganda rather than a strict law research. From 1966 to 1976, the development of constitution re- search hardlymade any progress. The constitutional rightswere ignored theoretically and practically. Since theThirdPlenarySession of the 11thCentral Committee of the Communist Party of China, the political environment became open gradually, so the research of constitutional rights back on track again and even was developed on deepen. Since newChinese government was founded in 1949, the Communist Party of China completely abandoned the old law system, but there is a gap of research under the new and old power. Constitutional rights were generated depending on the pub- lish of constitution of 1954. It was the first time that constitutional right came into the field of view of scholars. After thisConstitution amendment published, almost all the discussions and researcheswere served to the reasonable existence of this regime. The main function was political propaganda. Chinese government also took use of