A Study On The Principle Of "The Waive Of The Amendable" In The Amendment Of The Constitution

The 1982 Constitution has been promulgated and implemented for nearly 40 years.After five revisions,52 amendments have been formed.Under the tone of insisting on partial amendments to the constitution,the principle of "The waive of the amendable " has always been followed in the five amendments of the 82 Constitution."The waive of the amendable" was first mentioned by Peng Zhen during the revision of the Constitution in 1982.The revision of the Constitution in 1988 made it clear for the first time as a principle,and the connotations of the subsequent four revisions of the Constitution have been continuously enriched and extended.The principle of "The waive of the amendable " can not only demonstrate the role of the constitution in national and social governance,but also adapt to the particularity of my country’s development stage.Constitutional amendments follow the principle of "The waive of the amendable ",which is to balance the stability and adaptability of the constitution,reflect on and summarize the lessons of82 previous constitutional amendments,and reduce the need for constitutional amendment debates to build consensus on constitutional amendments,which is realistic and reasonable.Looking back at the application of the principle of "The waive of the amendable " in the 5 revisions of the 82 Constitution,it can be found that this principle plays a specific role in prudently starting the revision of the constitution and strictly controlling the content of the revision of the constitution.At the same time,the judgment criteria of this principle are vague and lack operability.The specific manifestations are that it is difficult to define the content of "changeable and unchangeable" content,the constitutional interpretation mechanism confuses the judgment of "changeable and unchangeable" content,and the standards for determining "changeable or unchangeable" are not uniform.At the same time,the irregular procedures for constitutional revision and the incompleteness of statutory procedures further weaken the applicability of the principle of "The waive of the amendable ".In order to enhance the operability of the principle of "The waive of the amendable ",in judging the subject,we should give full play to the dual advantages of the party’s leadership and fully develop democracy;In terms of judging criteria,we can try to list the specific types of "The waive of the amendable",and at the same time,according to the respective characteristics of the constitutional norms of different chapters,differentiate the principle of " in judging the subject",adopt strict or loose standards and scales.At the level of judgment procedures,it is necessary to further standardize the routine procedures for the Party Central Committee to propose constitutional amendments,and to improve and supplement statutory procedures.