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The Constitutional Analysis Of The Changes In The Text Of The Constitution Of China

Posted on:2016-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:H M ZhouFull Text:PDF
GTID:2296330461485259Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Thinking of rules of law is becoming more and more important in China. Leading cadres should take the lead to abide by the Constitution and the law. The party must conduct its activities within the framework of the Constitution and the law and has no right to transcend the Constitution and the law. The constitution is the fundamental law of our country. This is also the most important part of constitutionalism. Most academic researches focused on constitutional text content instead of focused on the text itself. Text change theory stresses the importance of the text changes itself. Through its changes it presented the text changes of the summarizes of the low. This can improve the constitutional text and promote its development. From some kind of meaning, text related to the system design quality and determines the actual effect of system operation. The Constitution text vicissitude theory is theory of foundations in the research of constitution, which cannot be avoided and also coordinate the relationship between Constitution and social reality. Proper text concerns the development and perfection of the text of the Constitution itself, the protection of human rights and power restriction and so on. A proper constitutional text has great effect on the constitution, constitutionalism, and then affect the authority and stability of the Constitution text.Contemporary Chinese constitution text has an experienced frequent change process. Since the People’s Republic of China has just been founded in 1949, the text of the Constitution have experienced 1949"Common Outline",1954 Constitution, 1975 Constitution,1978 Constitution,1982 Constitution and the decision of the constitutional amendments in 1979, the decision of the constitutional amendments in 1980,1988 Constitution revision bill,1993 Constitution revision bill,1999 Constitution revision bill,2004 Constitution revision bill. It takes different forms depending on the anxieties of the time.This difference occurs across different countries and over different time and response to this text is a change in the value idea behind the changes. Since the constitutional movements in the last years of Qing dynasty, the constitution was used as a tool instead of the concept of identity. It determines the Constitutionalism in China is lack of root soil, the soil including certain economic and social foundation of content. Constitutionalism in China may not completely model the West as a standard. Adhere to the leadership of the Communist party and must base on China’s national conditions.In order to enable the successful construction of constitutionalism, we must create a proper constitution text. It is a key point and also a difficult point in constitutional government in our country at present stage to strengthen the citizen’s constitutional consciousness. The government should reflect the will of the people on the basis of fully grasp and exercise state power constitution, and set up the reasonable security mechanism. Looking at changes in Chinese constitution text from the perspective of Constitutionalism and summarizes the laws. Finally used in Chinese socialist construction and make our community better. All the countries in the world have in common with change law of the constitution text. Through the method of comparative study, combine actual situation in our community to make the text consistent with the reality. Finally uphold the constitution as basic law status and the highest authority of law.
Keywords/Search Tags:Constitution, The text of constitution, constitutinalism, changes
PDF Full Text Request
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