Discussion on China's amendments to the constitution

The revision of the constitution of China

   Is the Constitution? The constitution, the constitutional amendment, is generated in the new constitution, and the Constitution Constitution system activities need to make appropriate changes due to the social development and change. The constitution is the constitution of the object, it includes two aspects, one is to change the constitution form, form such as constitutional norms; on the other hand is the constitution content. The constitution content can be abolished by constitutional amendment, change or increase.
   Aristotle has pointed out that in the "politics" in one book: "the rule of law should include two aspects of meaning: have laws to obey, and people to obey the law and should itself be made good law." The establishment of constitutional authority depends on the constitution, the stability and the adaptability of dynamic harmony. The constitution must maintain sufficient stability, not inconstant in policy. If frequent amending right and constitutional right, its stability will not be able to maintain the Constitution and continuity, thus damaging the authority of the constitution. But we must recognize that, "stability and the constitution authority is not the same, the latter is absolute, while the former is relative." So the Constitution and must have the adaptability.. "Experience tells us, the law must be respected, and then have the dignity, then occurs, but the 'method' only to need to adapt to and meet the social reality, and then only for people to obey." This requires that when necessary to change the constitution, the constitution is the premise of scientific authority of constitution determine. A Scientific Constitution can completely reflect the people's ideas on the Constitution and the pursuit of value. And an important way to the scientific nature of constitution is currently the vast majority of the written constitution amendment countries have stipulated in the Constitution can modify the constitution, only a handful of countries the Constitution does not require the application to modify the special constitution, or directly to the Constitution called "permanent constitution", or to the Constitution modifications to be very strict restriction. From the total development trend of view, can be modified should be said to be no doubt about the constitution.
   What is the reason for the revision of the Constitution can be amended the constitution, under what circumstances, should be amended constitution in what circumstances. From the practice of various countries, the reason of constitutional amendment summed up in two points: one is to make the provisions of the constitution to adapt to the social practical development and change; the two is to make up the constitutional norms in the implementation process of the vulnerability. In a word, is "a trap". Because the actual social vary from minute to minute, what legislation home again brillant also can not be expected after ten years or fifty years after the society is what kind of appearance, people's understanding of the constitution of the Is it right? Changed, all kinds of basic social contradictions and conflicts will be how to change. In order to adjust all social relations, for the necessary constitutional amendments of some degree of no doubt.
   However, the constitution is a country's basic law, cannot and should not be frequent revision, but must carry out the necessary restrictions on the amending power. Is mainly related to the basic principles of fundamental political, economic and cultural system etc countries and human rights, democracy and the rule of law can not be changed, to uphold the Constitution and state stability. China's constitution, the content and some that respond to China's political system is modified, the establishment of "judicial" system, some believe that the system `````` to perfect the Special Administrative Region in the constitution of meThey thinkFirst, the constitution principle is not about the state system of people's democratic dictatorship to modify.Second, the provisions of the Constitution on the National Government shall not modify.Third, the provisions of the constitution of the system of regional ethnic autonomy may not modify.Fourth, the provisions of the constitution of the Special Administrative Region may not be modified. Only in this way can we make the constitution become the people's rights, can be widely observed, so as to establish the supreme authority of the constitution, constitutional establishment, perfect legal system countries.

On the impact of China's 04 years of constitutional amendment, scholars have pointed out, this amendment will have a significant role in promoting the judicature of constitution. In order to safeguard the human rights of real, overcome violate the constitution spirit deprive people of right lower actual phenomenon, directly applicable to the constitution. Amendments to the Constitution called the constitutional judicature. Due to the introduction of the concept of human rights, the qualification of the plaintiff in administrative litigation will be reduced, the relative procedure to related action, will be more conducive to the protection of the legitimate rights and interests of third cases. In addition, some special principles of administrative proceedings, such as the principle of legality, the principle of judicial power and self limiting, the principle of burden of proof will be affected to a certain extent, the principle of rationality, the principle of protection of reliance will play an important role in dealing with emergencies and expropriation compensation. In 14 the content of the constitutional amendment, declarative content and the normative content of each accounted for 7, go halves on a fifty-fifty basis, marking substance began to approach the constitution amendment. More importantly, the constitutional amendment highlight the core value and the concept of constitution, namely the norms of state power, strengthen the protection of fundamental rights of citizens. True, the constitution to play its due role.

Reference material.

Constitutional scholars focus on 2004 amendment to the Constitution

Summary -- "constitutional amendments forum"

Authors: Tu Zhenyu, Li Jianfeng