The article describes the political and legal concept of governing the state on the basis of the Constitution, which has been adopted in modern China. It presupposes the presence of three key elements: 1) The idea of public self-governance — the state should minimize excessive intervention, especially unjustified intervention. 2) A strong private economy. The diversity of the market economy requires constitutional and legislative protection and regulation. 3) A strong middle class without excessive property stratification. Under general social justice, the people have trust in governance based on law.

The article discusses current issues in the theory and history of law concerning governance in Taiwan, based on the traditions of the party leadership and the Constitution of the Republic of China in 1947. Having overthrown monarchical rule during the Xinhai Revolution of 1911, the Chinese concentrated all power in political parties by 1924. In 1928, China completed its unification through political parties that relied on control of the armed forces. The Constitution of Taiwan (Republic of China) of 1947 was developed on the basis of the draft Constitution of the Political Consultative Conference, which still bears the imprint of the confrontation with the Communist Party of China (CPC), which later established the statehood of Mainland China (PRC). From a historical point of view, the constitutional dispute between the Kuomintang and the CPC remains a reflection of the struggle for power