Font Size: a A A

New Constitutional Change Research

Posted on:2006-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:H SongFull Text:PDF
GTID:2206360155966184Subject:Law
Abstract/Summary:PDF Full Text Request
Constitutional change is mainly pointed the process of growth, development and change of constitution. Constitutional change not only includes the increment or abatement of the constitution items and contents but also includes invisible alteration of its contents while the constitution item is constant. The constitution is the core of the rule of law and the basic principle of the rule of law is the constitution's dominion. The constitutional stability and authority is the prerequisite of keeping the constitution's dominion. However the constitution as the carrier of the norm and value have experienced a series of various changes in new China. This article mainly discusses the process of new China's constitutional change and analysis the characteristics and reasons of new China's constitutional change, from these analysis the writer tries to tally up some regulations and announce some viewpoints in new China's constitutional change so that we can get some illumination about the direction and paths of new china's constitutional change.The first part mainly introduces the main problems about constitutional change, including the definition of constitutional change, the reason of constitutional change and the ways of constitutional change. It is the base of this article.The second part mainly sorts out the process of new china's constitutional change: from the common outline of Chinese peoples political consultative conference to the constitution of 1954, and the constitution of 1975,the constitution of 1978,the constitution of 1982 along with some amendments. The writer gives a simple description of the establishment and the amendment of each constitution and gives detailed analysis and research of the contents and characteristics comparatively.The third part summarizes the characteristics of new china's constitutional change, points out: (1)The quantity of the new China's constitution is excessive and the frequency of modifying constitution is continual (2)The system of Constitutional Change is singleness (3)Some change of our country constitution is lack of the constitution's warrant; (4)The conductive principle of our country's constitution change is the policy of the ruling party (5)Change in constitution content is full of the special features of that period. It also elaborates the reasons of new china's constitutional change from the views of politics, economy and social cultural background, points out: (1) The social cultural background of new china's constitutional growth and each stratum's comprehension to constitution is the cultural reason of new china's constitutional change; (2) The political factor is predominant of new china's constitutional change; (3) The fact that the constitution is not corresponding to market economy is the most important economic reason of new china's constitutional frequent change; (4) The internal peculiarity of the constitution is also the legal reason of our country's constitutional change.This four part looks forward to some problems in new China's constitutional change in the future. It analyses that the exterior condition in which China's constitution in the future and the advice of China's constitution need China's constitutional rational change in the future. Then it points out what need change in our constitution and finally give some advice that how to change China's constitution.At the textual end, the writer points that the purpose of this article is to probe into the special path of new China's constitutional change and the cultural connotation of new China's constitutional change from the view of history and social development. Thus the writer hopes these will give some beneficial apocalypses to China's constitutional change in the future.
Keywords/Search Tags:Constitutional change, Constitutional modification, Constitutional explanation, Constitutional convention
PDF Full Text Request
Related items