Comparison of USA constitution and China constitution

  • Created:
  • / Author: Aaron Lewis
 Comparison of the Constitution and the constitution America China
One, the Constitution and state power
America is a federation of states. It is the only independent state for the sake of safety, maintenance of unified resistance against colonial aggression, United States. The federal government is built on top of each independent state, the federal government and the establishment of the authority in the state recognized constitution established. It no exaggeration to say that without the constitution of the United States States recognized, not the federal government, no federal president, no federal Supreme Court, no union, no federal troops. The state and not the federal government was founded, the constitution of the United States is the basis for the federal government to exist. Therefore in the every president throne speech, in every presidential management Butler, for the constitution of the United States "maintenance, strain every nerve to protect and defend the constitution of the United States." the United States rights from Yu Xian law authority
Chinese is a unified multi-ethnic country, Chinese was established in the same parts of the reactionary forces, the establishment of the state, provinces are part of the Republic. Chinese unified premise, Chinese existence is the constitution of existence, the basis for survival. No Chinese establishment, has no constitution the existing constitution in Chinese dependence. Above can also be said that the constitution is the result of generation after the establishment of the central government, the central government did not have no constitution. The Constitution in the national law is put in the supreme position. Other law shall contravene the constitution; each administrative rights everywhere from the constitution authorization. Around the government will no doubt be abide by the constitution, shall not violate to the Constitution
The two amendment to the Constitution
The establishment of the constitution is not the same as the amendments to the constitution, the program is not the same. The constitution of the United States fifth provisions: Congress meets each house 2/3 people think when necessary, the constitutional amendment, or according to the wrinkle 2/3 state assembly to convene a meeting proposed amendments. In any case, such as the amendment for the approval of the 3/4 state legislatures, or for the approval of the 3/4 state constitutional convention, the case will soon become part of the Constitution and effect, take the approved method that a Congress resolved. As can be seen, the constitution is amended through, not in the Federal Parliament, but the state parliament or Assembly decided the revision of the constitution. Chinese according to the constitution of sixty-fourth stipulates that: the constitutional amendment, by the Standing Committee of the National People's Congress or by more than 1/5 of the National People's Congress proposed, and through the majority of the National People's Congress on behalf of all the 2/3
The constitution of the United States to modify the proposal right by both houses of Congress, and state while exercising, but by the constitution is by the State Council or the state constitutional convention, independence America among the States, each with its own system of rights, have their own interests. Therefore decided to each amendment was agreed on in the States, is a process is relatively complex. Chinese constitutional amendment in the highest authority exercising. Therefore determines the procedures to amend the constitution to be more simple. System modify such constitution, as a result the only decision is based on the constitution, the stability, the latter is easy to change
The three constitution content
American constitution foundation, decided America constitution in formulating the content can only use general words to express. American constitution wrote "we the people of the United States, to build a more perfect union, establish justice, safeguard national stability, provide for the common defense, promote public welfare and ensure ourselves and our posterity forever to enjoy happiness, freedom. For the United States of America and establish this constitution. America the framers of the constitution from Britain, France and other countries people, their cultural background is that they do not have access to socialism and capitalism. The constitution has provisions for federal property, also prescribes private property without fair compensation shall not be expropriated. Therefore the Constitution can not reflect the constitution is completely protected consists of system construction. But not completely reflect is for the protection of private ownership and construction. In the content, the establishment of the constitution is the separation of the three powers of the system, and on the national military, diplomatic, taxation and other rights, as well as for the protection of human rights, the constitution of the United States in the protection of human rights in the amendment of the Constitution explicitly put forward the protection of people's words On liberty and freedom of publishing, as well as humans, residential property files, against unreasonable search and seizure of rights, and equal rights. The constitution is not stipulated many matters, only to those of national unity and coordination, need to mix things between the States, to safeguard national security matters to make a decision
China constitution in the outline clearly points out that the Chinese constitution to establish the basic system and basic tasks of the state, to determine the highest legal position of the constitution. The Constitution explicitly stipulates the fundamental system of the country. But now the Constitution in the system arrangement is clear arrangement, in the protection of human rights, in the national army, in the judicial power is detailed and careful. The purpose is to maintain the supreme authority of the constitution, so as to maintain the central centralization of state power system, the protection of national security and protect people's rights and freedoms and under the leadership of the central government