Study On The Material Origin Of 1954 Constitution

With the effective implementation of the strategy of popularizing the country and popularizing the constitutional culture,strengthening the constitutional consciousness is the basic requirement put forward by the party and the state to all the people.The Constitution of 1954 was the first socialist constitution in our country and the basis of our current constitution.Although it has lost its legal effect,but by its determination of the nature of the state,the regime structure,the basic rights and obligations of citizens and other content for the current constitution of our succession.It is of great significance to deepen the understanding of the existing constitution by helping us to comprehensively understand the1954 Constitution and explore the origins of the 1954 Constitution from various perspectives.On the occasion of the constitution,the Constitutional Drafting Committee had been asked to read a large number of written texts inside and outside the territory,including the socialist constitution,the capitalist constitution and the period of the Republic of China.These constitutions provide a certain reference for the formulation of the 1954 Constitution and the important text of the 1954 Constitution.The Constitution of the 1954 was the socialist constitution,which was the main reference for the Soviet Union 1936 constitution.From the constitution of the constitution,the institutional arrangement of the 1954 Constitution was modeled on the Soviet Union’s1936 constitution.First,the two constitutions stipulated the national basis at the beginning of the text.Secondly,the two constitutions stipulate the state With the basic rights and obligations of citizens,and the citizens’ basic rights and obligations chapters are set up after the state institutions;finally,the two constitutions have stipulated the national flag.From the specific content of the Constitution,the 1954 Constitution and the former Soviet Union1936 constitution there is a lot of similarities,which is more lack of direct use of the provisions of the Constitution.The capitalist constitution also has a certain influence on the 1954 Constitution,such as the provisions of the 1954 Constitution on the presidency of the state is a direct reference to the capitalist constitution.Specifically,the age of the President’s prescriptions is based on the age of the "bourgeois state heads".And the presidency of the President,authority and other provisions are more with the United States,Germany and other countries of the Constitution is exactly the same or similar.The Constitution of the Republic of China also accumulated some experience for the formulation of the 1954 Constitution.On the external form of the Constitution,the Constitution of the Republic of China and the Constitution of the 1954 Constitution in the constitutional scale,constitutional system and constitutional system,have a certainsimilarity.In the specific content of the Constitution,the Constitution of the Republic of China also provides a certain reference system for the 1954 Constitution.Fifteen of the provisions of the 1954 Constitution can find the same or similar provisions in the Constitution of the Republic of China.The 1954 Constitution inherited the main elements of the common program,removed the provisions that did not meet the social development at that time,and made changes to the provisions of the 1954 Constitution that did not conform to the logic of language And optimization.,it’s the inheritance and development of the common program.The law is not only the embodiment of the class will,but also the precipitation of national culture,deeply influenced by the excellent cultural traditions of the nation.Many of the provisions of the 1954 Constitution reveal the inheritance and development of our outstanding cultural traditions.In a word,the 1954 Constitution was based on the reality of our country,correctly absorbed the constitutional experience both at home and abroad,and inherited the excellent cultural tradition of our country.