A constitutional amendment suggestions

As is well known, the current1982The fifth constitution, is modeled in china. Based on the constitution has been amended five times. In view of the current situation, -- both from the theoretical perspective, or from the practical point of view, there are some defects, and even major defects. In order to achieve a more perfect ruling by constitution, on1982It should be further revised. If only, would suggest:

First, the CPPCC should give a name. As is well known, the Chinese people's Political Consultative Conference is China people's Political Consultative Conference, is1949Years9Established by the Communist Party on China initiative. The Chinese people's Political Consultative Conference is an organization of the United Front, while the United Front is one of the three magic weapons to win China revolutionary war. The importance of incomparable, no longer. However, from the1954Years of the constitution to the1982A total of four years of constitution, constitution modeled on the Chinese people's Political Consultative Conference, status and power are not to be legal. From central to local levels of the CPPCC were enjoying the administrative supply, the Chinese people's Political Consultative Conference with the National People's Congress and always at the same time, at the same time, listen to the report and discussion.To celebrate the peaceful liberation of Tibet60The annual general meeting, the CPC Central Committee, the NPC Standing Committee, the State Council, the Central Military Commission of the CPPCC National Committee, the CPPCC has a joint congratulates, organs of state power status.But in the development of1982Years of the Constitution Comrade Deng Xiaoping, clear instructions, "the Chinese people's Political Consultative Conference or not as organs of state power as well, otherwise the NPC and CPPCC in disagreement, coordination is very troublesome." So1982The status and power of the Chinese people's Political Consultative Conference and did not say a word. There is a doggerel says, Party waved, government action, the National People's Congress held up his hands, the Chinese people's Political Consultative Conference clap your hands. This doggerel says very objective, the Chinese people's Political Consultative Conference is indeed a meal, drink with them, with listening, with discussion of clap organ. State management is a big problem is very serious. The establishment of a neither fish nor fowl, not essential "state organs" is not appropriate, is the biggest failure state management. I suggest, with reference to Western power structure and power constraints, as the Chinese people's Political Consultative Conference named similar to Western lords status and power, to play its due role in the national management of the cppcc.

Second, the army returned to the state administration. What is the state? State "is the economically dominant class in order to safeguard the interests of the capitalist class and the ruled class dictatorship tool. Mainly by the army, police, courts, prisons and other "(Jian Lao" Ci Hai "1979Years9Month versionP767). This interpretation is Marxism view. Marxists regard the country as the national class, is a class of dictatorship to another class of tools. The author does not agree with this view. If the state is a state of class, on behalf of the state management of national affairs, the government did not become a class government, also became a maintenance of a class interests of the government? In spite of this,In this interpretation, the army as part of the country, not as part of the party, this view is very clear. The army should be returned to the national leadership. Actually1954The military leadership has returned to the country.1954The constitution of the year42The provisions of the people's Republic of China, chairman of the national armed forces commander, served as chairman of the national defense commission.Article43The provisions,The people's Republic of China president held the highest state conference when necessary, and served as the chairman of the Supreme Council of state. Thus, chairman of people's Republic of China is the highest executive leaders of the state, by the Supreme Administrative Leaders leaders China people's Liberation Army, which is fair, reasonable, lawful, logical. Part of the army to the state, the national leadership of the army, this is as unalterable principles of truth. Although China people's Liberation Army is China creation of the Communist Party, and in the period of democratic revolution, "branch Jian Zailian" played a major role, but the Democratic victory in the revolutionary war, after the founding of new Chinese, after the state power belongs to the people, the army should be owned by the state administrative leadership and management. So1954The legal concept of years constitutional, Army national administrative leadership and management, timely, is to learn, is consistent with the axioms.

It is worth mentioning that,1982Years of constitutional law, separating the army leadership from the administration of the state, to the leadership of the ruling party, the procedure is to afford much food for thought: the first step, in the constitution of the people's Republic of China Military Committee set up, the constitution article93The provisions of the people's Republic of China, military committee of the leadership of the armed forces. The Central Military Commission of the chairman, the constitution article94Article, the chairman of the Central Military Commission is responsible to the National People's Congress and Standing Committee of the National People's congress. The second step, the provisions in the constitution of the Communist Party China in set in the Central Committee of the Communist Party, although there is no Chinese Central Committee of the Communist Party leadership of the nation's armed forces, but because of the people's Republic of China Military Committee and the Central Committee of the Communist Party of China, is actually a military commission two names. In this way, the military leadership China naturally belongs to the Communist party. The military belongs to the party, is the undeserving.

Third, rectification of names for the president of the people's Republic of.In accordance with the1954Constitutional provisions,Chairman of people's Republic of China is the highest state of administrative leaders to be right and proper, its position and power as America president. In accordance with the1982In the constitution of the people's Republic of China, chairman is only national symbol, the status and power like the queen of England and the emperor of japan. Because now the president, has no power, and not the country's highest administrative leaders.China is one of the four ancient civilizations. Thousands of years of feudal society Chinese, Chinese people accustomed to a be worthy of the name of the country's highest administrative leaders. Therefore I suggest:

Increase the first rule, "the people's Republic of China, or the Central People's Government top leaders" ;

Increase the provisions of article second, "the people's Republic of China State Council of the people's Republic of China president under the leadership of the supreme national administrative authority, the State Council is responsible for the president" ;

Recovery1954The constitution of the year42"The provisions of the people's Republic of China, chairman of national armed forces commander, served as chairman of the national defense commission" ;

Recovery1954The constitution of the year43The provisions,"The people's Republic of China president held the highest state conference when necessary, and served as the chairman of the Supreme Council of state. The highest state conference attended by the vice president of the people's Republic of China, chairman of the Standing Committee of the National People's Congress, Premier and other relevant personnel.

Highest state conference for major national affairs, by the president of the people's Republic of China submitted to the National People's Congress, the Standing Committee of the National People's Congress, the State Council and other relevant departments to discuss and make decisions".

One of them,The highest state conference attended by the vice president of the people's Republic of China, chairman of the Standing Committee of the National People's Congress, Premier and other relevant personnel.Should be amended as:

The highest state conference attended by the vice president of the people's Republic of China, chairman of the Standing Committee of the National People's Congress, President Chinese people's Political Consultative Conference and the premier of the state council. To invite the relevant personnel and related party leaders to attend.

For this modified objective, is highlighted in five highest decision-making group chairman of the people's Republic of China led, the highest decision-making in our country is more suitable, more effective, more scientific!

Two of them,Highest state conference for major national affairs, by the president of the people's Republic of China submitted to the National People's Congress, the Standing Committee of the National People's Congress, the State Council and other relevant departments to discuss and make decisions.Should be amended as:

Highest state conference for major national affairs by the president of the people's Republic of China, commissioned by the Standing Committee of National People's Congress, Chinese National Committee of CPPCC and the State Council made specific implementation opinions, and timely feedback.

Such modifications of the objective, is to highlight four major central authority status and relationships.

Needless to say, as a result of such changes, is equal to the authority of the people's Republic of China Military Commission abolished, and return to the state administrative power, belonging to the President direct leadership, President naturally became the country's highest administrative leaders to be worthy of the name. Both to avoid the president not (concurrently) the chairman of the Central Military Commission had no military empty situation, but also to avoid the military independent on the surface, actually was abnormal system belonging to a party, but also to avoid the president and chairman of the Central Military Commission and, nobody tube not who the embarrassing situation.

Local rhetoric, on the constitution is simplified and change, as the case may be, will not go into details here.

To make a long story short, the constitution is the fundamental law of the state, is the mother of all law law; parent law science, natural science method, the mother law advanced method is advanced. To establish a legal society advanced, must start from the establishment of scientific laws, especially from the beginning of making scientific constitution. Besides that, there is no way out.