Inspection On The Transplant Of China 1954 Constitution From Former Soviet Union 1936 Constitution

China's current Constitution is the 1982 Constitution, it is not a new Constitution because it is actually based on the 1954 Constitution which is the first Constitution of China. The model of 1954 Constitution is the Former Soviet Union 1936 Constitution, the content and structure of China's 1954 Constitution transplant a lot from the Former Soviet Union 1936 Constitution. Comparing the 1954 Constitution and the Former Soviet Union 1936 Constitution, learning the experience of Constitution formation, it is meaningful for China's construction of Constitutional system.At 1935, the Former Soviet Union drafting the 1936 Constitution which based on the changes of economy and classes relationships. Defined the state system, political and class attributes, provides economic, political and some basic forms, then given the basic rights of production and life. And this made the Far-reaching significance. But China's 1954 Constitution transplant form Former Soviet Union Constitution has historical inevitability. Because Constitution of the Soviet Union have an impact on the drafting of constitutional documents and Common Programmer. Both countries had same background and social foundation.At the macroscopic aspects of China's 1954 Constitution. Compiling style structure from the constitution to the constitutional framework guiding as the same as the roles and natures of Former Soviet Union 1936 Constitution. Also at the microscopic aspects the laws of China's 1954 Constitution much the same as Former Soviet Union 1936 Constitution.This part formulate the fate of the Soviet Union caused by the historical limitations of legal which through the analyze of relations between economic base and superstructure constitute, relations between CPSU (Communist Party of the Soviet Union) and the masses, relations between nation and law and rights. Those defects also led to China's 1954 Constitution delegalized after 3 years. But three times legal revised modified those transplanting defects.This article made a comparative study on China's 1954 Constitution and Former Soviet Union 1936 Constitution. From analyzing the Constitutional background and historical factors reveal the historical inevitability of legal transplant. And comparing the system structure and provision content in order to state final destination of the Soviet Union. To make up those deficiencies of 1945 Chinese Constitution in each modification about Chinese Constitution. And at the same time recommendations some useful improvement advances for a more perfect constitution.