РОССИЙСКИЙ КОНСТИТУЦИАЛИЗМ : ИСТОРИЯ И СОВРЕМЕННОСТЬ

69 "the state respects and protect human rights" was officiallywritten into the constitu- tion, this initiativewas closely linked to the impact of international conventions. Future trendofChina'sConstitution 1. Graduallyperfect human right protection system A comprehensive supporting system includes legislation, implementation, monitoring and relief. Implementation and monitoring of the constitution are the most important parts in a constitutional system. China could combine historical, eco- nomic, and political characteristics with international conventions to strengthen and improve the protection of human-right system. China haswritten “respect and protect human rights” into the constitution, revised Criminal Procedure Law and established opening trial system and presumption of innocence principle, withdrawn death penal- ty review power to Supreme People's Court (SPC). They issued the State Compensa- tionLaw andAdministrative ProcedureLaw.Moreover, manyother legislative activ- ities are launched to protect human rights, the governing style of Chinese government transformed from policy-oriented to law society and the concept of the law society is becomingmainstream of social politics. In the framework of democra- cy legal system, constitutional rights and basic freedoms will be further effectively protected. 2. Gradually limiting government power The function of governments reflects three kinds of power which are legislative, judicial and executive. Legislative power is the essential. If China wants to limit gov- ernment power, they should start from the legislative power like strengthening the con- stitutionality of legislative activities, strictly accordance with the procedures. Control- ling statepower couldbegradually improved ifChinadeveloped. 3. A rising sense of human rights As China continues to be on the way of developing democracy, Chinese citi- zens increasingly realize importance of protecting personal rights. They begin to try toprotect human rights by allmeans inside the law.