Every year NPC and CPPCC read the constitution

Each spring is a major event NPC and CPPCC certain social concern.Overview of various hot spot since the reform and opening up, in fact nothing more than its center of gravity between citizen and government relations, is the establishment of citizen's rights, protection and state run institutions, supervision, reform the modern social relations. The basic problem of the constitution is solved, economic development, social progress will have a political system of democracy and the rule of law, each person's comprehensive free development has become the fundamental driving force of social progress.

 

The constitution refers to the limit state or government authority, guarantee the basic norms of civil rights and liberties and way.A series of legal documents issued by the British in different period has the property of constitution, such as1215Year "Great Charter of liberty",1628"Year" the petition of right,1679Years "personal protection law",1689Year "bill of rights",1701Years of "law of succession to the throne",1911Year "act of Parliament",1918Year "national political law",1928Years of "equality of men and women the electoral law",1969"The people's law" and other years. USA1776Year "bill of rights" and "Virginia" in the declaration of independence and the French American has had a great impact, and1787Years of the promulgation of the "constitution of the United States" is the first written constitution in the world. France1789Year "" the declaration of human rights and civil rights2Article: "the purpose of any political association is the preservation of the natural and unshakable right. These rights are liberty, property, security and resistance to oppression." Article16Article: "where rights without guarantee and decentralization is not established society, has no constitution."

                                   

China ancient culture of "constitution", generally refers to the legal system,Content does not have the modern meaning of the constitution. Wang Tao1870After came back from Europe, he wrote in the "French records" mentioned in France in1791"Establish a constitutional line junior high school years". Zheng Guanying in the1894First proposed the "Millennium" published in"For resisting foreign aggression, urgent need for self-improvement; to self-improvement, to become rich, will debut in vibration business; for vibration business, we must first emphasize the school, - Li constitution, respect for the moral, political improvement."1898Years Wu Xu reform, reformers explicitly put forward the implementation of constitutional politics.1908Years, the Qing government promulgated the "imperial constitution outline", but "the king on the sacred dignity and inviolability". The period of the Republic of China, and set up the1912Year "provisional constitution of the Republic of China",1914Years of the Republic of China Constitution "",1923Year "constitution of the Republic of China" is the "constitution of bribery",1931"The year of the Republic of China Constitution" the period of political tutelage,1946Year "constitution of the Republic of China". In addition,1931Years of the first National Congress of the Soviet workers and peasants formulated the "outline of China Soviet republic constitution",1941In the Shensi Kansu NINGSIA border region Second Council formulated the "ShanGanNing Border Region".

 

After the founding of new Chinese, initially in the1949Year "China people's Political Consultative Conference common program" as the interim constitution.1954Enacted its first constitution, and later by the1975,1978,1982Years of constitution. The current constitution in1982Years, and by the1988,1993,1999,2004Years of revision.1982Years of constitutionIncludes provisions:

Article second All power in the people's Republic of China belongs to the people.

Article fifth The people's Republic of China to implement the rule of law, building a socialist country ruled by law. All the laws, administrative regulations and local regulations may contravene the constitution. All state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law. All activities that violate the Constitution and laws, must be investigated. No organization or individual may be beyond the constitutional and legal privileges.

Article thirty-third Where has the nationality of the people's Republic of people are citizens of the people's Republic of china. Citizens of the people's Republic of China are equal before the law. The state respects and safeguards human rights.

Article thirty-fifth Citizens of the people's Republic of China, published speech, assembly, association, parade, demonstration of freedom.

Article thirty-seventh Citizens of the people's Republic of China enjoy freedom.

Article thirty-eighth The personal dignity of citizens of the people's Republic of China are not violated. Prohibition of civil insult, slander and false accusation by any means.

Article forty-first Citizens of the people's Republic of China for any state organ or functionary, have the right to criticize and make suggestions; for any state organ or functionary of illegal acts, complaints, charges or complaints rights to the relevant state organs, but shall not be fabricated or distorted the facts by false accusation. For citizen complaints, charges or report, the relevant state organs must ascertain the facts, responsible for handling. Any person may suppress and take revenge. The staff of state organs and civil rights violations by the loss of the people, have the right to compensation in accordance with the law.

Article forty-fifth The people's Republic of China citizens in old age, illness or incapacity cases, have to obtain material assistance from the state and social rights. The national development and enjoy the right to social insurance, social relief and medical and health services.

 

1954The Constitution also has provisions years:

Article fifth The people's Republic of China, the ownership of the means of production is now mainly have the following kinds:State ownershipSystem of ownership of the whole people, i.e.;Cooperative ownershipCollective ownership by the working people, i.e.;Individual laborer ownership;Capitalist ownership.

Article eighth Countries in accordance with the law to protect farmers land ownership and ownership of the means of production.

Article thirteenth Countries in need of public interest, in accordance with the conditions prescribed by law, onUrban and rural landAnd other means of production, the purchase requisition or nationalized.

Article Seventy-eighthThe people's court for judicial independence, only obey the law.

Article ninetieth Citizens of the people's Republic of China are not violated residential, communication privacy. The People's Republic of ChinaCitizens have the freedom to live and migrate.

1978The Constitution also has provisions years:

Article forty-fifth Citizens enjoy freedom of speech, press, assembly, association, communication, display, paradeWei,Strike freedom, there is the use of"Da Ming, large discharge, the great debate, the big character Poster"Right.

Article forty-sixth Citizens enjoy freedom to believe in religion and to propagate atheism not to believe in religion, freedom.

 

Some scholars think, constitutionalismIncluding the rule of law and the rights of democratic governance according to law, the freedom on the basis of a higher power, the three elements, the modern society is the rule of law (那个Rule of law) countries rather than the narrow legal (The rule by law) countries, law shall be the law, the constitution should be given the power to the government in the people's rights, the people's sovereignty is the foundation, government, limited government, effective government, and the separation of powers and checks and balances and other basic principles.Citizens' basic rights are often called freedom and human rights, to confirm and safeguard the basic rights constitute the core of the whole constitution value system.

The constitutionalism in the late Qing Dynasty and the Republic of China Constitution, including the notorious repute Hongxian constitution or the constitution of bribery, have begun to acknowledge and give the basic rights of citizens. In 1954 and the subsequent constitutionThe provisions of the personal rights of citizens and the spirit of freedom, political rights, economic rights18Basic rights, to2003Have been to9Basic rights to develop specific law to protect. However, there is a part of the basic rights of difficult to implement, have enacted laws is lax enforcement of the law, illegal difficult to study.

 

In the maintenance of the dignity of the constitution, the protection of civil rightsThese years, relevant cases include:

1992Win Ni Peilu, Wang Yingsu Beijing International Trade Center humiliating, defamation case, China World Trade Center v. Wu Zuguang defamation lawsuit, relates to the constitution of the personal freedom of citizens, protection of human dignity.

1998Years, Wang et al v. Minzu Hotel violations of its voting rights case is not accepted.

1999Years, Shandong Chen Qi Yuling v.* *Jining business school, such as infringement of the right of the name, the right to education case, the Supreme People's court2001Years of[2001]Law interpretation25No. "basic rights for infringing upon the right of personal name means to violate the constitutional protection of citizen education should reply" to bear civil liability for the first time, application of constitutional law judicial interpretation.

2001Years, Qingdao three middle school students in each province college entrance admission scores have unequal v. Board of education should not be accepted.

2003Years, around the Sun Zhigang containing death case, many citizens of the review of constitutionality of the detention and repatriation system, eventually led to the State Council in the formulation "the beggars relief management approach" without the city life, and abolished at the same time1982The city issued "beggars" detention and repatriation measures.

In 2011 the Ren Jianyu case after work, and highlights the urgency of abolishing the system of reeducation through labor.

The constitution, is not just a dream and thought, should also be the reality and life.