After the founding of the previous constitution about military power requirements

Source:Http://www.northedu.com.cn/shijuan/show.jsp?Informationid=201205241421406253

    One, "China people's Political Consultative Conference common program" on military regulations

Chinese people's Political Consultative Conference common program enacted in 1949 ""(Hereinafter referred to as the "common program")The provisions of article twentieth:"The establishment of a unified armed forces of the people's Republic of China, the people's Liberation Army and the people's public security forces, by the Central People's government, people's Revolutionary Military Committee leadership, unified command, unified system, unified planning, unified discipline." People's Revolutionary Military Council is an organ of the Central People's Government Committee,1Parallel mechanism has the State Council, the Supreme People's court, the Supreme People's procuratorate. Therefore, from the founding of the people's Republic, the military body placed in an extremely important, and the administrative organization(The Government Administration Council)Parallel position, but do not take it as a part of the administrative institutions.

In practice, the committee "people's revolutionary military uniform jurisdiction and command of the nation's armed forces, a major military command". For example,On October 8, 1950, Chairman Mao Zedong people's Revolutionary Military Committee issued "to China people's Volunteer Army Command", China people's Volunteer Army Command"Immediately to the North Korea dispatched, collaborative Korean comrades to fighting the aggressors and fight for a glorious victory"1.. The author thinks that, as chairman of the Military Commission of the people's revolution, this is the exercise of military command, with war "executive power" in nature, and this "executive power" is the "decision". According to the provisions of the Central People's Government in 1949 "law" in article seventh, the Central People's Government Committee has the right to "war and peace",②So to make this command in theory should be the Central People's government committee. In fact, the CPC Central Committee decision is made.③As the ruling party, the Communist Party of Chinese can make the decision of war, people's Revolutionary Military Committee responsible for the implementation of. But from the application point of view, the best by the Council of the Central People's government made a formal decision. Military organs should not be free to the highest organ of state power, and is the executive body of State Council, this point should not only be written in the constitution, but also to implement in practice of constitutional government.

"Common program" provisions of article tenth:"The people's Republic of China's armed forces, the people's Liberation Army, the people's public security forces and the police force, belongs to the people. Their mission was to defend the China independence and sovereignty and territorial integrity, security China people's revolution and all legitimate rights and interests." In accordance with "common program" Twentieth "forces, compared to the people's Liberation Army and the people's public security forces", "armed forces" including the "police", namely "police" does not belong to the military system, only the national armed forces, or "forces" including the "army" and "people the police and the army", and "the people's Liberation Army and the people's public security forces". The task was the people's public security forces "mainly undertakes the clear canfei, maintaining social order, to defend the motherland construction",1Similar to today's police, is against certain armed domestic crime. The author thinks, will "defend Chinese independence and sovereignty and territorial integrity" as not only is the people's Liberation Army, and is the common task of police forces and the people's police,This characterization is not accurate enough. Of course, this is due to the limitations of history. The early founding of new China, we also can not power on democracy theory has a profound understanding, although to a certain extent, realize the functions of the army against external aggression, consolidate national defence, but the army and police have what difference in function, it is not very clear. "Defend the China independence and sovereignty and territorial integrity" is the mission of the forces, "to defend the China people's revolution and all legitimate rights and interests" is mainly the function of the police, the army is responsible for external, while the police responsible for(Except the invasion after the turn every man into a soldier status).②

Two, the 1954 Constitution of military power

The 1954 Constitution stipulates that the forty-second, President "the national command of the armed forces, served as chairman of the national defense commission". The author thinks that, compared with the "common program", the 1954 Constitution president as the highest representative countries with armed forces supreme authority, on behalf of the state and has affirmed the armed forces command is as head of state president(Not the chairman of the National Defense Commission)This is a new China provisions, after the establishment of the several constitution about this problem in the most reasonable, the most in place of. For the "National Defense Commission" settings, explain the entry Baidu encyclopedia that, after 1954, "the Central People's government, the people's Revolutionary Military Commission ceased to exist, that is to say, troops from the independent state system." Because "the establishment of National Defense Commission", "Commission" people's Revolutionary Military immediately revoked, and mentioned that "the troops from the independent state system" is based on the fact:At the beginning of 1949, the CPC Central Military Commission was renamed the China people's Revolutionary Military Commission, belonging to the Central People's Government Committee, form of this period is only a state military authorities----Chinese people's Revolutionary Military Commission;1954Set up the Military Commission of the Central Committee of the Communist Party of Chinese"2.429. Precisely,Is the constitution sets up defense committee in the state institutions, the CPC Central Committee and the Central Military Commission of the reconstruction,③So that there are both military organs and the military authorities of our country. National Defense Commission is the empty state, so that "troops from the independent state system".

The 1954 Constitution set the country's military authorities----National Defense Commission, but on its nature, status and authority and other content is not specified(Also has not formulated the "organization law" stipulated Defense Committee). From the defense committee members arising from the point of view, chairman of the National Defense Commission by president concurrently(The constitution of 1954 forty-secondArticle), vice president, National Defense Commission by President according to the decision of the Standing Committee of the National People's Congress shall be decided and the National People's Congress(The constitution of 1954 fortieth). This can be judged, National Defense Commission should be parallel and independent agencies of the state council.

The constitution of 1954 "national institutions" chapter is divided into six sections, respectively, "the National People's Congress", "the people's Republic of China President", "State Council", "the local people's congresses and local people's Committee", "the national autonomous areas", "people's courts and the people's Procuratorate", which did not "national defense commission". "National institutions" no defense committee set up in Chapter,The national military power in a "virtual" condition. As the country's most important power of the military power of what may be the "false"?In practice, "National Defense Commission is empty, the Central Military Commission is real, the actual exercise of military command."3.So.National Defense Commission State virtual power as the national institutions,Is the Party Central Military Commission of the real existence as the premise.The constitution only provisions of the National Defense Committee and did not regulate the party's Central Military Commission, therefore, the party's Central Military Commission of the power in the constitution.Defects of this power model,Not only is the----The party organization overhead related organ of the state, but also in----This mechanism outside the Constitution and laws, but not in the specification.Defects of this system,Corrected in the 1982 constitution.

Three, the constitution of 1975 and the 1978 constitution of military power

The constitution of 1975 fifteenth provisions:The chairman of the Central Committee of the Communist Party "China national command of the armed forces";The constitution of 1978 nineteenth provisions:"The armed forces of the people's Republic of China by the chairman of the Central Committee of the Communist Party China command". The two constitution "provides no relationship between the army and the highest organ of state power of the National People's congress,From the state system, is defective."4.The Constitution clearly stipulated by the ruling party's direct command forces rather than by the ruling party by government troops,And the constitution of Albania(1976)Article eighty-eighth:"The armed forces led by the Albania labor party."5.These provisions of the state and the army detachment contact, fully adapt to the reality,With real, but no constitutional.The military nature of Party forces rather than the national army, and we in the new democratic revolution to "the party commands the gun", "people's army loyal to the party" principle has a direct relationship. These principles in the war has certain rationality, but the foundation of the new China, the party should through the country to achieve the leadership. This is not to deny the ruling party leadership over the armed forces, but stressed the need for the ruling party to rule of law and the way to realize its leadership, otherwise,The party and the country are difficult to enter the era of democracy and rule of law.

Four, the 1982 constitution of military power

1980~The 1982 constitution amendment,Once considered the constitution of 1954 established the National Defense Commission recovery. "In 1980, the Central Committee of the party has just made the decision of the constitutional amendment, there are people wrote to the constitutional amendment Committee Secretariat, the Party Central Military Commission recommendations will be allocated to the country, the establishment of the National Military Commission of the central committee. In the discussion of the draft constitution, it has been suggested, such as to the establishment of the National Defense Commission, can consider and CMC unified, in the party's Central Military Commission, the national system is the national defense commission."4.The constitution of 1982 the national military commission system, the provisions of article ninety-third:"The people's Republic of China directs the armed forces of the Central Military commission." The establishment of the "common program" in the "people's Revolutionary Military Commission" have similarities----Are the nation's Military Commission, is the military power(At least in its nature). Can say, the establishment of the Central Military Commission in the constitution of 1982,To a certain extent is the return of history, is the 1975 constitution and the constitution of 1978 "bring order out of chaos", also have certain progress. Such as,The constitution of 1954 in the "national institutions" chapter not stipulated in the "National Defense Commission", 1982Years of constitution in the "national institutions" specially set up "the Central Military Commission" section. But "after the State Central Military Commission was established, the Party Central Military Commission remains as the leadership of the CPC Central Committee organs directly under the leadership of the army military. But the chairman of the Central Military Commission will be through the National People's Congress elected national chairman of the Central Military commission. In this way, the party's Central Military Commission, and the state of the Central Military Commission, is actually 'a body, two pieces of brands'"4.. The 1982 constitution set the country's Central Military Commission, the author thinks, this is a progress, we should not be satisfied with the progress, but also should not deny the progress, substantial progress is starting from the form of progress. Comparison of the 1982 Constitution,The common programme 1949 ""(The Central People's government or 1949 ""),The 1954 Constitution about the country's top military power, the difference between the following three points:

First, provisions on national armed forces supreme authority. In 1949 the "common program",Not clearly defined the military high command authority, "the Central People's government organization law" provisions of article twenty-third: "People's Revolutionary Military CommissionUnified jurisdiction and commandThe people's Liberation Army and other armed forces." The author thinks that,"Jurisdiction" here, and "command" is not "authority", but the "authority" of power. The 1954 Constitution,The armed forces supreme authority belongs to the president.The constitution of 1982,To avoid the armed forces supreme authority over the ownership of the problem. The constitution of 1982 eightieth provisions:"The president of the people's Republic of China on behalf of the people's Republic of China, state activities, receiving foreign envoys", the provisions concerning president commands the armed forces the authority in the constitution of 1954. Discussion of the draft amendment to the Constitution in 1981, about the armed forces should be in state system who command, "then came to an agreement, shall be made by the president in command of the armed forces. We think, the 1954 Constitution by President commands the armed forces is appropriate, then two constitution was made very irregular in the political life of the party and the state of the case, cancel the president, shall be prescribed by the president of the party commands the armed forces, the relationship between the party and the state of confusion, advocate:In the restoration of constitution of 1954 China home chairman's set at the same time, the provisions of the state chairman of the foreign representative countries, in command of the armed forces. The constitutional amendment Committee Secretariat according to the general requirements of each time, the draft amendments in ConstitutionDiscussion paper had provided:President of the national command of the armed forces, served as chairman of the national defense commission"4.. But the constitution of 1982 did not stipulates that "the state chairman of the national command of the armed forces, as the military committee chairman", also did not make clear a regulation chairman of the Central Military Commission of the national command of the armed forces. In the "notice" on the draft amendment to the Constitution provides for the establishment of the Central Military Commission,Such explanations:"The provisions of the draft of the Central Military Commission directs the armed forces of the constitutional amendment, also provides the Central Military Commission the chairman, this is specified by the chairman of the Central Military Commission, the national command of the armed forces, and leads the army's work." The author thinks, the Constitution stipulates that the ninety-third:"The people's Republic of China directs the armed forces of the Central Military commission....... The Central Military Commission the chairman." Article94The provisions:"The chairman of the Central Military Commission is responsible to the National People's Congress and Standing Committee of the National People's congress." These Provisions,Only that----The chairman of the military committee has the highest leadership in the army, "and leads the army's work",Can't explain----He has a "national command of the armed forces" such national power;The former is a state organ of power, which is the country as a whole power----To represent the overall national is the only head of state. If the Constitution clearly stipulates the president has authority over the armed forces(Such as the 1954 Constitution)Of course, the best;If no such provisions(Such as the 1982 Constitution)So, through the interpretation of the constitution to make it clear(How to explain it may be debatable, but the basic spirit of constitutional interpretation does not violate the constitution should be a principle);If the Constitution clearly stipulates that other people armed forces command is not president, it is necessary to amend the Constitution(Such as the 1975 constitution,The constitution of 1978).

Notable is, in the constitutional practice of nearly 30 years, in fact gradually restored by the national chairman of the Military Commission Chairman approach, the constitution of the powers vested in the fuzzy expression became clear through the political reality. If,The constitution of 1954 confirmed that the regime is relatively close to the presidential system of words, so,The constitution of 1982 confirmed that the regime is relatively close to the cabinet system. In the cabinet system,The president generally only nominal military commanding power, but not actually military command, military command is usually in the hands of the prime minister(But the constitution of 1982 does not give Prime Minister armed forces command, but belong to the chairman of the Central Military Commission). However,The 1982 constitution fuzzy on the military commanding power processing,In practice, gradually evolved as a result of,But it seems to the presidential transition.

Secondly, the highest military authorities about the position and function of the. In 1949 the "common program" set up "people's Revolutionary Military Commission", in the constitution of 1954 "National Defense Commission," 1982 constitution "of the Central Military commission", threeIs not only a different name, its status and functions are different. In 1949 the "common program" in the "people's Revolutionary Military Commission" is the real power of the president, has the power of military commander in chief, army leadership. In the constitution of 1954 "National Defense Commission, the agency is advisory in nature, not the leading organs of the armed forces", but the author thinks,Was not "armed forces commander right only by President master",2.428.1954Years in the ConstitutionMilitary authority(Virtual power)President.The military command(Real power)The name of the chairman of the National Defense Commission, in fact in the party's Military Commission Chairman hand rather than on the president(Although the two position by a person as a). In the constitution of 1982, the Central Military Commission is the real power of----"The leadership of the armed forces," the law says the military leadership of chairman of the state military commission. Many people believe that,The actual situation is the military leadership power belongs to the party chairman, but since the party chairman of the Military Commission and the national chairman of the Military Commission by the same person, how to judge the military command in the exercise of the powers of the chairman of the Central Military Commission of the party,The chairman of the Central Military Commission or in the exercise of state authority?The author thinks, should see the command is issued to what authorities,IfCommandIs issued to the state agency(Chinese army's full name is"Chinese PLA")It should be understood, is chairman of the State Military Commission in the exercise of authority.

Thirdly, the composition and military authorities. Composition and its military authorities have not completely the same, the 1949 "the Central People's government organization law" provisions of article twenty-fourth:"People's Revolutionary Military Committee shall have a chairman, vice chairmen, members." But the article seventh provisions, the Central People's Government Committee has the right to "appoint people's Revolutionary Military Committee Chairman, vice chairman, committee members, the people's Liberation Army commander, deputy commander, chief of the general staff, deputy chief of staff, the general political department director and deputy director." Here, the Central People's Government Committee has the power to appoint and remove not only "people's Revolutionary Military Committee"(The committee members include only vice chairman, committee members), also have the right to appoint "the people's Liberation Army commander, deputy commander, chief of the general staff, deputy chief of staff, the general political department director and deputy director", and "the people's Liberation Army commander, deputy commander, chief of the general staff, deputy chief of staff, the general political department director and deputy director" is subject to "Commission" people's Revolutionary Military leadership,1It should be understood as they are subordinate agencies of the people's Revolutionary Military committee. At the same time, say from nature,This "the Central People's Government Committee appointment" rights should be a "decision" right, but the clause since the explicit use of "appointment", should be understood as,The Central People's Government Committee on the "decision" after his appointment(The appointment or dismissal of the book signing),②The appointment and removal of the right "Nomination" is not mentioned. The constitution of 1954 fortieth provisions:"The president of the people's Republic of China according to the Standing Committee of the National People's Congress and the decision of the National People's Congress decision...... Vice president, the appointment and removal of the National Defense Commission ", namely the defense the other members of the Committee(Vice chairman, committee members)By the National People's Congress and its Standing Committee "decided," President "appointment". The 1954 Constitution of 1949 "common program" regime for a certain adjustments, the National People's Congress and its Standing Committee to replace the Council of the Central People's Government in a certain extent,③Therefore, the "military authority members" decision "by the Central People's Government Committee" to "the Standing Committee of the National People's Congress" and the National People's Congress is logical;But the power of appointment and removal by the "Council of the Central People's government" instead of "President" of the exercise, it is more reasonable;The nomination is clearly belongs to the president(The chairman is not a defence committee)1954Article twenty-seventh a year(Six)Provisions, the National People's Congress has the power to "according to the president of the people's Republic of nomination, decided to vice chairman of the National Defence Commission and members".1At the same time, decide the object of National People's Congress and its Standing Committee,Only the "National Defense Commission Vice Chairman, committee member", but not the 1949Years of the provisions of the "people's Liberation Army commander in chief, deputy commander in chief, chief of the general staff, deputy chief of staff, the general political department director and deputy director", but in practice,"The NPC Standing Committee in 1954According to the draw was the premier of the State Council, decided to appoint a chief of staff, director of the general political department personnel, one after another after the appointment and removal of individual."4.By the "Premier" brought to the appointment and removal of chief of the general staff, the general political department director, army officers, that the chief executive has a right to military personnel(The nomination)Article thirtieth of the constitution, but in 1954 eighth only provisions----The Standing Committee of the National People's Congress has the power to "in the National People's Congress in session, decided to Vice Premier of the State Council, the ministries and commissions, Secretary General of the appointment and removal of individual", "the National People's Congress organization law"(In September 20, 1954 through the)Twenty-first the provisions of the first paragraph, "Vice Premier of the State Council, the ministries and commissions, Secretary General of the appointment and removal of individual case", "forward" by the premier of the State Council to the Standing Committee, and shall not(The constitution of 1954AndThe National People's Congress organization law and the Constitution and by the entry into force of the "no rules")The National People's Congress Standing Committee on the "chief of the general staff, the general political department director of military personnel appointment and removal", also does not require the appointment by the prime minister to draw.According to the author's understanding, chief of the general staff, the general political department director and other military personnel should not be the Defense Committee members,②Therefore, the National People's Congress or not, either by themselves or appoint within the army, the Council decided to appoint. If the Council decided to appoint, set in the constitution of 1954 National Defense Commission case, drew should was military leader(As chairman of the National Defense Commission)Decision makers should be, the NPC Standing Committee(In distinction to the National People's Congress or the national defense committee members). Only in the military power belongs to the executive power of the national government, and the military organs parallel is not set up the independent case, it shall be submitted to the administrative officer(As the prime minister, the cabinet of the president President). By the "Premier" brought to the appointment and removal of chief of the general staff, the general political department director, army officers, the fact that,At that time, to a certain extent, has been approved by the chief military power, military authority is not a completely independent from the administrative organ.

The constitution of 1982 sixty-second provisions,The National People's Congress has the power to "elect the president of the Central Military Commission;According to the chairman of the Central Military Commission's nomination, decided to other members of the Central Military Commission ". The provisions of article sixty-seventh,The NPC Standing Committee has the right to "in the National People's Congress in session, according to the chairman of the Central Military Commission's nomination, decided to other members of the Central Military Commission". Here, the decision is still the highest organ of state power,The chairman of the Central Military Commission clearly belongs to the nomination, and patronage or not specified(In fact belongs to the chairman of the Central Military Commission). The constitution of 1982 ninety-third provisions:"The Central Military Commission is composed of the following:The chairman, vice chairmen, members ", this and the constitution of 1954 set the National Defense Commission very similar----No four of the total Executive Committee(The General Political Department, general staff, general assembly). At the same time also progress:The 1954 Constitution of the National Defense Commission Chairman, vice chairman, committee members only, its specific mechanism is arranged on the party's Central Military Commission;The constitution of 1982 established the State Central Military Commission and the party's Military Commission is "an institution, two brands", "one body" that the chairman of the Central Military Commission, vice chairman, the members and the General Political Department, the General Staff Department, General Logistics Department, the General Equipment Department of both the party's military authority, is also the national military organs, these institutions are no longer free by the constitution, perhaps as they transition to belong to national institutions laid a foundation.

　　Reference:

Xu Chongde (1). History of constitution of the people's Republic of China:Volume (M) in Fuzhou:Fujian people's publishing house, 2005:90

(2) Mo ` s constitutional law (M). Social Sciences Academic Press, 2004

Xu Chongde (3). History of constitution of the people's Republic of China:Volume (M) in Fuzhou:Fujian people's publishing house, 2005:405

(4) Chen Sixi, Liu Songshan. Establishment of the constitution of the State Central Military Commission (J). By law, 2001,(1) ．

Li Buyun (5). A comparative study on the Constitution (M) in Beijing:Law Press, 1998:1002

The Constitution establishes the State Central Military Commission after

Source:Law.In 2001 02 period

Author:Chen Sixi.At the time of theDeputy director of the NPC Standing Committee Law Committee of national law and administrative law office), Liu Songshan (the room staff)

How to scientifically, properly reflect the status and role of the military in state institutions, handle the relationship between the party and the state and the army, is an important and complex task we face long period.
The armed forces is an important part of national institutions, this is one of the basic principles of Marx's state theory. The constitution as the fundamental law of the state, the military system of the state scientific regulations, status and role of the highest leading organ established military force in state institutions, the organization and improve the national leadership system, strengthening national defense and army building, ensure national long period of stability, have very important sense. Chinese people's Liberation Army is the people's army by the Communist Party of Chinese founded and organized the long-term revolutionary war, with Chinese the victory of the revolution, the people's Liberation Army became the national armed forces. As history has proven, the Party leadership over the armed forces direct and absolute, is essential to the interests of the state and people. This point, the past, present and future cannot shake. But as the basic constitution, how to scientifically, properly reflect the status and role of the army in state institutions, handle the relationship between the party and the state and army, an important and complex issue we face is a long period of time. Since the founding of new China, the needs of the socialist revolution and construction, our constitution has been amended several times. Among them, the provisions of the armed forces and the leadership mechanism has been a continuous exploration and improvement process.

(A)

In 1949, the Party led the people to win complete victory in war of liberation, as the coalition government of democratic, Zhou Enlai, comrade Dong Biwu personally presided over the drafting of the Chinese people's Political Consultative Conference common programme and the Central People's government, constitutional documents. In the process of drafting, caused by an important problem we discussed, is the new China adopt what kind of military system. Everyone agreed that and determined, should summarize the successful experience of New Democracy revolution period of the people's army building, wipe out the residual effect of warlords, the establishment of new people's army. The army is, not to engage in the local armed forces, with the new democratic spirit unified national army, political work of the party is the soul of an army. According to the provisions of the CPPCC common programme and the Central People's government organization law, national unified army, under the command of the Revolutionary Military Commission of the Central People's government, the unified jurisdiction and command. The military committee chairperson, a vice chairmen and some members. The army set up a system of political work, timely implementation of compulsory military service, the army in time of peace in the labor production. Later, Mao Zedong was elected chairman of the Central People's government, chairman of the military commission. The Central People's government organization law also states in article seventh, one of the Central People's Government Committee exercise the powers of appointment and removal, commander in chief of the people's Liberation Army and deputy commander in chief, chief of the general staff and deputy chief of the general staff, the general political department director and Deputy director. Accordingly, the NPC Standing Committee in 1954 to request the State Council to the prime minister, decided to appoint a chief of staff, director of the general political department personnel, one after another after the appointment and removal of individual. All these indicate that, the beginning of the founding of China, the highest organ of the armed forces has become an important part of national institutions,The army to the state, legal system is an important step. After a longer period of time, in order to Mao Zedong, Zhu De, Peng Dehuai and other comrades as the main leaders of the Central People's government, the Revolutionary Military Commission of the people's army, leading very fruitful to carried out a series of military operations, to achieve the unity, peace and stability, as soon as possible to establish the system of people's congresses, be in power for people to create good conditions, also for the new constitution to establish the national military system accumulated experience. The constitution of 1954 the National People's Congress established as the highest organ of state power, in this premise, the central state organs are generated by it, be responsible for it, subject to its supervision, the highest leading organ of the people's army was also incorporated into the system of people's congresses category. Article twentieth of the Constitution stipulates the nature and mission of the people's army, "the people's Republic of China belong to the people", "it is the task of safeguarding the people's revolution and national construction achievements, and defending state sovereignty, territorial integrity and security". The provisions of article forty-second, "the people's Republic of China, the national command of the armed forces, served as chairman of the National Defense Commission", and "the people's Republic of China, the National People's Congress elected", according to the National People's Congress and its Standing Committee decision, appointment and removal of the defense committee vice chairman, committee members.These Provisions,The constitution established the position of the army in the state power, shows that it is an important part of national institutions. This is determined from the essence, the military high command for all countries, the implementation of military commanding organ established by the state and of the highest organ of state power, its mission is to complete the tasks prescribed by the state. In the establishment of the armed forces supreme command at,The 1954 Constitution also stipulates,"The State Council Leading the development of the armed forces," the management and leadership armed forces building authority is part of the national administrative powerThus, the construction of the armed forces into the national construction system.
It should be said, the 1954 Constitution of the national military system is in line with the prevailing situation, especially in the face of the complex international and domestic situation, as the ruling party, the Communist Party can China firm and visionary leadership and the construction of the armed forces into the national system,Pointed out the direction for the army's national and state institutions of democracy. However, in the ten years of turmoil, due to the implementation of ultra left route, so strengthening the unified leadership of the party, the right division between the regime and the state organs of the state has been severely damaged, the people's army of national and legalized by the barrier. The 1975 constitution is the product of the left line. The constitution as a national institution will not be part of the armed forces, not its position in the national regulations, also did not complete provisions leading organs and armed forces, as well as the construction of the armed forces, only the provisions in the general program----The people's Liberation Army and the militia is "China Communist Party under the leadership of the army of workers and peasants", "armed forces" the chairman of the Central Committee of the Communist Party of Chinese nationwide, andIt explicitly stipulates that "the National People's Congress is the China under the leadership of the Communist Party of the highest organ of state power", which makes the armed forces in the fundamental law of upstream from the highest organ of state power and even the entire national regime system. Because of the influence of the "Cultural Revolution" and the ultra left route, the constitution of 1978 to continue the provisions----The people's Liberation Army is "China Communist Party under the leadership of the army of workers and peasants", "Chinese armed forces by Communist Party and chairman of the Central Military Commission, no clear command" armed forces in the country's position.

Two.

After the eleven session of third, develop socialist democracy, improve the socialist legal system, reform and improve the system of Party and state leadership, has become the common requirement of the whole Party and the people of all ethnic groups. To meet this demand, must be on the previous constitution comprehensively and major changes. The 1982 constitution is produced under such background. Military system as an important component of the national system, how to be reflected in the constitution, from first to last are sensitive issues that domestic and international attention, but also to participate in drafting the constitution comrades and all sectors of society debate. After a long time discussion and deliberations, and make a final decision by the Central Committee of the party constitution ", and finally to the Central Military Commission" section,Comprehensively and scientifically defines the military system of the state. This is our party and army and all the people in the correct choice is made based on the experience summary of army construction since the founding of the prc.
From 1980 to September the Central Committee of the Communist PartyArticleThe five session of the National People's Congress third conference proposed amending the Constitution and the establishment of the constitutional amendment Committee's recommendations, until the end of 1981, to draft a constitution draft and the draft, the constitutional amendment Committee Secretariat invited many experts in the field, the relevant departments of the central government and social all circles comrades discussion, and issued a notice to all, solicit the changes in the constitution of 1978 "national institutions" part of the opinion. Is generally believed that all aspects, reform and improve the system of the state, must handle well the relationship between the party and the country, implementing the separation of government, the establishment of the armed forces in state system status. Then, the armed forces should be in state system who command?Then came to an agreement, shall be made by the president in command of the armed forces. We think, the 1954 Constitution by President commands the armed forces is appropriate, then two constitution was made very irregular in the political life of the party and the state of the case, cancel the president, shall be prescribed by the president of the party commands the armed forces, to distinguish between the party and state, in favor of the 1954 Constitution China recovery president of the set at the same time, the provisions of the state chairman of the foreign representative countries, in command of the armed forces. The constitutional amendment Committee Secretariat according to the general requirements of the time,Amendments have provisions of the draft discussion paper in the Constitution:President of the national command of the armed forces, served as chairman of the National Defense Commission; President according to the National People's Congress and its Standing Committee decision, vice president, the appointment and removal of the National Defense Commission and the people's Liberation Army three headquarters responsible person; the construction of the leadership of the state Council of the armed forces. These Provisions,Basic is used and the resumption of the military system in the constitution of 1954. The Secretariat considers that, at the same time the provisions of the state president commands the armed forces, the establishment of the National Defense Commission to strengthen the collective leadership, and with people outside the party to participate in the discussion, so keep the national defense commission. Unlike the 1954 Constitution is, taking into account the president should be in the relatively detached position, not the exercise of administrative power, draft and has defined the president "does not interfere with the work of the government, does not undertake the administrative responsibility". But in the process of soliciting opinions, many comrades put forward different views on the above provisions. Some of the president, "the national command of the armed forces", but "not to interfere in the work of the government, does not undertake the administrative responsibility", construction and government leadership of the armed forces, why then the president can exercise the right to command the real? Some proposed, president without government intervention, the party chairman not military leadership, the future once the war, government can unified action? Some proposed, President of the national command of the armed forces, but under no mechanism, how to handle? Some proposed, President position is very high, and bear the responsibility of the commander, how to conduct effective oversight of its people, to avoid using the army to implement personal ambition? Some of the 1954 Constitution, the National Defense Commission is actually false, and did not play a role, whether it is necessary to set up? These problems are very sharp and realistic, caused the Constitution Revision Commission and attach great importance to the Party Central committee. Further discussion of these issues, to show the people throughout the country develop democracy adequately, speak one's mind freely, enthusiastically creating national system and moving scene.

After careful thought, people found that, the 1954 Constitution of the national military system, basically in line with the prevailing historical conditions. But as the situation changes, especially the "summary of experience since the Cultural Revolution", then the regulations have not conform to the situation today. Needs to be pointed out is, as early as in 1980 the Central Committee of the party has just made the decision of the constitutional amendment, there are people wrote to the constitutional amendment Committee secretariat,The party's Central Military Commission recommendations will be allocated to the country, the establishment of the National Military Commission of the Central Committee. In the discussion of the draft constitution, it has been suggested, such as to the establishment of the National Defense Commission, can consider and CMC unified, in the party's Central Military Commission, the national system is the national defense commission. The second meeting of the Committee and to modify the 12 meeting of the Standing Committee of the CPPCC National Committee draft Constitution Constitution in March 11, 1982 (Draft) forum,Cheng Siyuan suggestionsThe party's Central Military Commission, changed into national institutions, by the national chairman of the Military Commission chairman. He also suggested, in order to ensure the country's long period of stability, must pay attention to three balance, the balance of military and political, legislative and administrative balance, the balance of military and military orders. Among them, the relationship between the Department of defense and the Military Commission is the military and military orders, the military is the use of military administrative power, general is the use of military command, military and political and military orders shall be separated. The experienced decades of wind and rain politicians not only urge his insights, in command of the army. The problem calls for, while the older generation of proletarian revolutionaries alive, should be set as soon as possible military system and reasonable in the constitution, in order to safeguard the national long period of stability.

　　Three.
After extensive discussion for more than a year, to listen to the views of the upper, the spring of 1982, the central made the decision: the establishment of the Central Military Commission of the people's Republic of China National Military Commission, led the armed forces; the Central Military Committee the chairman, chairman of the Central Military Commission elected and removed by the National People's Congress, responsible for the NPC and its Standing Committee; the construction of the armed forces, by the State Council leadership and management. This one great and decision-making,As for what kind of military system in the constitution the direction, and revised in 1982 4 early was written into the draft amendment to the constitution. Central also hope to use this decision to the people to discuss, develop democracy adequately, from the wisdom and experience. Why make such a decision?In theApril 22ndArticleThe five session of the twenty-third meeting of the NPC Standing Committee on the draft as "explanation" of the people's Republic of China Constitution Amendment,Comrade Peng Zhen summarized saidTo do so, ": clearly the status of forces in state system, which is beneficial to the construction of revolutionary, modernization, standardization and strengthen the armed forces, but also easy to cope with the current world situation cranky." In April 27th, the NPC Standing Committee announced the draft amendment to the constitution, the public discussion, extensive solicitation of opinions. Central to this decision, especially Comrade Peng Zhen published "explanation" and the draft amendment to the constitution was announced, immediately aroused widespread concern of international public opinion, many foreign reporters in Beijing to inquiries through various channels,Why will the original by the chairman of the armed forces to change by the military committee leadership? The state set up the leadership of the Central Military Commission of the armed forces of the country, so, now the Party Central Military Commission? Between the State Military Committee and the party's Military Commission is what relation? For the world to explain why the central made this decision, the relevant departments had held a press conference, Hu Qiaomu, Hu Sheng, Wang Hanbin and other comrades personally drafted and instructions to the overseas reporters reply.
The central forecast, the establishment of National Central Military Commission will caused great shock in the army, and many of the comrades will produce a variety of doubt and misunderstanding, especially about the establishment of the CMC, the national Herald----To change the fundamental principle of the party's absolute leadership over the army? Therefore, as soon as possible to the army as a necessary. In early April, the comrades in charge of army a range of the draft of the revised constitution in the forum discussion, also puts forward, discuss rules about military system release the significant changes over the previous constitution, need to send an explanatory document within the military, the army ideological unity. Therefore, the decision of the Central Committee of the CPC Central Committee, and in the name of the soon to army issued a "notice" on the draft amendment to the Constitution provides for the establishment of the Central Military Commission in the army, progressive transmission and interpretation.
This notice behalf draft,By then the constitutional amendment is vice chairman of the Council of Comrade Peng Zhen personally drafted. The circular stressed,The draft constitution about the army provisions, "is a very important new provisions of China's state system and military leadership system, is a major decision" the Central Committee of the party over in one's mind, comprehensively and profoundly expounded the important significance of the reform of the military system, answer all sorts of worry and doubt the army comrades. Why should the army into the state system? The notice said, China is the people's democratic dictatorship led by the working class, and based on the worker peasant alliance of socialist countries, the Party led the people's Liberation Army also directly is the national army, this is no contradiction. Therefore, as the basic constitution,The status of forces in state system shall be provided. At the same time, the constitution of 1978 the CPC Central Committee, the national command of the armed forces, it doesn't matter between the army and the highest organ of state power of the National People's Congress shall, from the state system, is defective.Why not the provisions of the state, the national command of the armed forces?The notice said, the 1954 Constitution president national command of the armed forces, at the time was appropriate, for then president also served as chairman of the Central Military Commission of the Central Committee of the party. But in the long run, the two position is not necessarily a person as. If the provisions of the Constitution in 1954 is still used, it may be inconsistent and caused great difficulties in practical work. The establishment of the state's Central Military Commission, does that mean to weaken or even cancel the Party leadership over the armed forces? No, not at all. The notice said, after the State Central Military Commission was established, the party's Central Military Commission, still as the leadership of the CPC Central Committee organs directly under the leadership of the army military. But the chairman of the Central Military Commission will be through the National People's Congress elected national chairman of the Central Military commission. In this way, the party's Central Military Commission, and the state of the Central Military Commission will actually is "a mechanism, two brands", will be more convenient for leadership and command of the army. At the same time, the long-term effective of the political work system of the army, such as the system of Party committee, political commissar system, party political organs, set up in the army to establish Party organizations at all levels and the political work system, still will continue to adhere to and develop, which further from the organizational and institutional guarantee for the party to the leader of the army.The establishment of the Central Military Commission, by the Central Military Commission or the chairman of the Central Military Commission of armed forces? The notice said, the provisions of the draft amendment of the Constitution,The Central Military Commission directs the armed forces of the Central Military Commission, and the provisions of the chairman, this is clearly defined, chairman of the Central Military Commission, the national command of the armed forces, and leads the army's work. The construction, how to lead the armed forces, and the Military Commission of the Central Committee is what kind of relationship? The notice said, the State Council will set up the Department of defense, defense industry production supervisor in addition to national defense, military and political work including the defense budget, funds, equipment, supplies, preparation, training and military system construction. And the Department of defense, in fact also in the direct leadership of the Central Military Commission of the party. Notice points out finally, the establishment of the army leadership system like that, can not only ensure the Party leadership over the armed forces, and is convenient for the use of state machine, to strengthen all aspects of the work, strengthen the construction of revolutionary, modern, regularized army, for my army quickly into wartime system when necessary, enhance the ability to make quick and effective respond to any sudden events, the people of our party and the country, business is good.
With the announcement of the draft amendment to the constitution of the CPC Central Committee, this notice is spreading rapidly in the army. We will discuss the close combination of draft and learning center informed spirit, thought in the new historical period, to meet the needs of socialist democracy and legal construction, must clearly establish the National People's Congress is the highest organ of state power concept, correctly handle the relationship between the army and the country's new draft regulations; on national military system of the constitutional amendment, not to deny the Party leadership over the armed forces, does not mean that the status of forces "downgrade", but to the party and national leadership system timely and important reform, will the security forces along the track of healthy development of democracy and legal system. The army ideological unprecedented unity, firmly supported the central decision-making.

At the same time, public discussion draft constitution work in everything in good order and well arranged. In the discussion, many people in addition to reveal the problems to worry about, but alsoPut forward many valuable suggestions or is worth thinking about.Some believe thatThe Party leadership over the army, should be written in clear, can not be avoided, such as the party's Military Commission Chairman and chairman of the State Military Commission in the preface or somewhere else to write clearly.Some believe that, as an important part of national institutions, the constitution should not only make provisions of the chairman of the Central Military Commission, the Central Military Commission, which should also make clear provisions.Some believe thatBecause of the army, is special, in the long run, deal with the chairman of the Central Military Commission's tenure restrictions.Some believe thatThe Central Military Commission, the constitution should be stipulated, responsible to the organs of state power, its supervision and report to it work.Some believe thatThe Central Military Commission, the relevant provisions of the content is less, is not complicated, can not add a single section.Some suggestions,Enshrined in the constitution, the Central Military Commission of the organization by law.Some are also presented"What is the difference between leadership", the armed forces and the "command" armed forces? Wait. With the continuous changes modify the proposed draft amendments to the constitution, the content of "the Central Military Commission" section has dozens of times changes.
In the last4This month, listen to and study various aspects of the opinion of the committee to amend the constitution, that the leadership: Chinese Communist Party of the army's political leadership, in fact the leadership, the preamble to the constitution provisions of the Party leadership in the country,We have included a party leadership over the armed forces, not to the specified in the provisions of the Central Military Commission; since produced by National People's Congress election, the term shall be the same with the National People's Congress, elected for a term of five years, butDue to the particularity of military, constitution should not be the chairman of the Central Military Commission's tenure restrictionsThe chairman of the Central Military Commission; elected and removed by the National People's Congress, responsible to the National People's Congress and its Standing Committee, butAs a result of the military action involving state secrets, not to report to work; first several constitutional provisions are "command" armed forces, because the "leadership" the meaning is more widely, not only in meaning, and organization and management, so instead of "leadership" armed forces more appropriate. On whether to be provided military commission as a separate section, and whether to clear "the Central Military Commission of the organization by law" in the constitution, the constitutional amendment committee secretariat after repeated consideration, think: an important part of the Central Military Commission as the national institutions, if not as a separate paragraph, at home and abroad will There were many discussions., should be retained to our politics is very unfavorable, because the Military Commission; whether to develop organizational law, is a controversial issue, it is difficult to determine the down, but the original will disperse in similar provisions of national institutions of each section is a comprehensive, namely "the National People's Congress and the NPC Standing Committee and other state organs, such as prescribed by law", will facilitate future discretion; at the same time, the Central Military Commission of the group into provisions, vice president from the president, several people, the Secretary General and the members. These decisions, comrade Peng Zhen had written in October 14, 1982 made a report to Hu Yaobang, Comrade Deng Xiaoping, discuss in the future and slightly altered.
Through this discussion, the whole party, the army and the people have formed a consensus on the establishment of what kind of military system,ArticleThe five session of National People's Congress fifth conference constitution will be the consensus time certainly down. Comrade Peng Zhen stated in the constitution revision draft pointed out, our military system, is the summary of historical experience since the founding of new China, according to the actual situation and the need to our country and make, it correctly states in state system status. And that, after the State Central Military Commission was founded, the Party leadership over the armed forces will not change.

In 18 years, practice has proved that China's leadership and the construction of the armed forces, the provisions of the constitution is correct. Although the current military system remains to be further perfect, butThe army, to the state in the Constitution on the basis of democracy,The rule of law in the direction of the development is the inevitable trend of.