The constitution is the fundamental law of the state. The provisions of the constitution of the basic system and basic tasks of the state, has the highest legal effect, is one of the most important safeguard of national and social stability and development. The core of the rule of law is the rule of constitution. A good constitution is the premise of the rule of law, constitutionalism. According to the appropriate amendments to the constitution, is the inevitable requirement of the construction of rule of law. The new situation of social development make the constitution is faced with double challenges: Theory and practice. In order to ensure that the constitution becomes the construction of social development, constitutionalism and rule of law through the engine, partially modified, the realization of constitutional change should be the rational choice.

   A revision of the constitution, procedure and way

   The revision of the Constitution requires special procedures, whether the proposed constitutional amendment bill, or the draft amendment to the constitution or constitutional amendment, are to be carried out by the specific authorities according to the specific requirements, this is the universal law, in order to ensure the seriousness, the authority of the Constitution and stability. The modern world through the legislature 1/2 members of the majority to develop or modify the common law, but most countries legislation all members of the 2/3 above the majority, can pass the new constitution or constitutional amendments. 

   Some countries also by the provisions of the constitution Drafting Committee, the Convention, the National Conference and other specialized agencies responsible for the drafting and revision of the constitution. The "people's Republic of China Constitution" stipulates that the sixty-fourth amendment to the constitution, the NPC Standing Committee, and more than 1/5 of the National People's Congress proposed, and by the National People's Congress in the majority of all the representatives of 2/3 by to take effect. While the ordinary laws and resolutions are only by the National People's Congress in half of all delegates by.

   In practice, various countries mainly through a comprehensive revision and amendment of two constitutional amendment. A comprehensive revision is based on original constitution of the original constitution all updates, basic principles and basic content, structure and constitution are likely to re adjust, change or full. In short, the comprehensive revision is re enacted a new constitution. While the attached amendment without touching the original constitution case, after the amendment in accordance with legal procedures by the constitutional case strip attached to the original provisions of the constitution, and make it become part of the original constitution. In our previous amendments to the constitution, the two methods are used.

   Two, since the constitutional revision

   1The creation of the world, a clear direction -- the 1954 Constitution

   In December 24, 1952, Zhou Enlai on behalf of the CPC Central Committee to the Standing Committee of CPPCC proposals by CPPCC: to the Central People's Government Committee recommended that the constitution. The Central People's Government Committee after discussion, accept the CPPCC proposals, passed on the convening of the resolutions of the people's Congress, and formed by Mao Zedong president, 33 members of the constitution drafting committee. In 1954, January to March, Mao Zedong led by the CPC Central Committee appointed group, the drafting of the Constitution in Hangzhou West Lake. The constitution Drafting Committee from March 23rd to September 12th held a total of 9 plenary meeting, the meeting chaired by Mao Zedong and Liu Shaoji (of which eighth meeting presided over by Deng Xiaoping). In addition to the constitution Drafting Committee internal repeatedly discussed seriously, also in 1954 March - June in 81 days time, the organization of the Beijing 500 senior cadres to discuss the draft constitution draft, also organized more than 8000 people discuss, put forward 5900 suggestions. In June 14th the same year in September 10th, which lasted 3 months of public discussion, the people proposed to amend or supplement the comments on the draft constitution, after finishing after merging amounting to 1180420. The draft constitution after repeated revisions, submitted to the first meeting of the National People's Congress in September 15th, more than 1000 National People's Congress and made a serious discussion. In September 20, 1954, the first session of the first National People's Congress was held in Beijing, adopted the "constitution of the Republic of China" is the 1954 constitution.

   The constitution of 1954 except the preface, 4 chapters 106, is a new Chinese the birth of the first constitution, but also the first China history the socialist constitution. It is the constitution will be two important principles, namely the principle of people's democracy and socialism are identified, each with Chinese provisions characteristics of political system, economic system and other basic system, laid the foundation for the later construction of democracy and the construction of system. Can be said that the main contents and constitution, is the inheritance and development of the 1954 constitution. Mao Zedong said, the constitution "to make people have a clear track, make people feel there is a clear and definite the right road". The first time the constitution, recording the people throughout the country under the leadership of the Communist Party, through long years of revolutionary struggle and success of confirmation, for thousands of years by the oppression of the people as masters of the country that.

   2The rule of law, the left leaning thought failure -- the 1975 constitution

   1966 July set in motion a nationwide "Cultural Revolution", the "left" ideological line is a climax in this period. The National People's Congress is convened to stop, legislative and judicial activities at a standstill. Until 1973 August the Party Central Committee decided to preparations for the convening of the four session of the National People's Congress and the constitution, the first meeting in 1975 January fourth session of the National People's Congress formally convened, at the meeting of the 1975 constitution.

   The 1975 constitution is in the "Cultural Revolution" period, Jiang Qing anti Lin Biao group has usurped the special background of an important part of power of the party and the country developed its purpose is to through the constitutional amendment to determine the validity of the results of their power. Thus the Constitution in the guiding ideology, or in the content structure, there are very serious mistakes and defects. Mainly in the:

   First, the guiding ideology to the basic line "taking class struggle as the key link" and "continuing the revolution under the dictatorship of the proletariat" theory.

   Second, in the national institutions, many of the provisions of the emergence of chaos. Cancel the president system, the original is exercised by the president's authority by the Standing Committee of National People's Congress, the CPC Central Committee and chairman of the CPC Central Committee to exercise, confirmed that the government is not divided into system; canceled as a people's Procuratorate state legal supervision organ, exercising the powers of reason that replaced by public security organs; confirmation of permanent organ local revolution the committee is the local people's congresses at all levels, and local people's governments at various levels, which confused the authority and the administration authority, make the product of Revolutionary Committee of the "Cultural Revolution" has been legalized.

   Third, the provisions of civil rights and obligations, greatly reducing the civil rights and liberties, and delete the provisions on civil rights and freedoms to material security.

   Fourth, the provisions for the constitution, will be reduced to 30, the constitution has a high degree of abstraction, programmatic, lost as the norm of law should be.

   The constitution of 1975 although there are very serious shortcomings and errors, but it does not change the nature of the socialist constitution. At the same time, the constitution of 1975 has not really implemented, to 1976 October the smashing of the "Gang of four" anti Party group, the end of "Cultural Revolution", the constitution validity natural termination.

   3From left, tortuous development -- the constitution of 1978 and 1979 and 1980 revision of the Constitution

     After the "Cultural Revolution", we have entered a new period of historical development, in order to adapt to the new situation of politics and economy development, facing again the amendments to the constitution. The March 1, 1978 meeting of the fifth session of the National People's Congress first plenary session adopted the revised constitution of people's Republic of China, is the 1978 constitution, besides the preface, 4 chapters 60. The constitution of 1978 confirmed the national general tasks in the new historical period, the construction industry, agriculture, national defence and modern science and technology of the great socialist country; restore the procuratorate setting, strengthening the legal supervision of the procuratorial organ function; increase the protection of citizens' rights and freedom, the citizens' basic rights and obligations clause by the constitution of 1975 4 to 16, the citizen's right of appeal and the right of complaint made specific provisions; specific policies and measures to vigorously develop education, science.

   We also should see, the constitution of 1978 was enacted in the special historical period of our country just after the unrest of the content, there are still some errors and shortcomings. For example, the constitution still use "adhere to the revolution under the dictatorship of the proletariat" error formulation, affirming the "Cultural Revolution" positive role; in state institutions, still retains a "Revolutionary Committee at all levels of local" setting; in the basic civil rights and obligations continue to set "Da Ming, big, big the big character POSTER" debate, the "big four" free etc..

   In 1978 December, at the Third Plenary Session of the eleven, is the history of our party bring order out of chaos, the future of an important meeting. At the meeting fully clean up the mistakes of the "Cultural Revolution", the harm to "left" Ideological line. The 1978 constitution, it obviously does not meet the requirements of the development of the times. So in 1979 and 1980 to the constitution was amended two times.

   In July 1, 1979 the Fifth National People's Congress second conference adopted the amendment to the constitution of the resolutions, decisions at and above the county level, the local people's Congress set up a standing committee; the local Revolutionary Committee at all levels to local people's governments at all levels; the county level people's Congress on behalf of the election by indirect election to direct election; the relationship between the people's Procuratorate at a higher level the lower level people's Procuratorate and the supervision relationship to leadership.

   In September 10, 1980 fifth session of National People's Congress third conference to amend the constitution of forty-fifth resolutions, cancel the citizens of the "big four" free. Also at the meeting to recognize defects, constitution of 1978 has not been solved by minor alterations, must carry on the comprehensive revision. In the fifth session of National People's Congress third conference of 1978 constitution second amendment, accepted the recommendations of the CPC Central Committee, decided to set up a committee for revision of the constitution, the comprehensive revision of the constitution of 1978.

   4Bring order out of chaos, the future -- the 1982 constitutional amendment

   The 1978 amendments to the constitution, the constitutional amendment since September 15, 1980 held the first meeting of the Commission began, to 1982 constitution was passed, which lasted 2 years and 2 months, because the constitution revision work relationships, involved in all aspects of a series of complex problems, the need for a large number of investigations and extensively listen to the opinions of the masses. Committee for revision of the constitution "draft" proposed amendments to the constitution of the people's Republic of draft in 1982 February, and submit a discussion in April of the same year. According to the all people to discuss the proposed amendments and proposals to amend the constitution, the Committee further revised, decided in November fifth session of Fifth National People's Congress meeting discussed. In December 4, 1982 by the fifth session of National People's Congress fifth conference by secret ballot, formally adopted the "constitution of the Republic of China".

   The 1982 constitution is the Constitution in 1954 based modification. In the structure, besides the preface, still include 4 chapters, namely, general principles, basic civil rights and obligations, national institutions and national flag, emblem, the capital, a total of 138. Its main feature is the:

   First, the constitution to the four cardinal principles as the guiding ideology.

   Second, a clear national fundamental task in the new period. In 1982 the preamble to the Constitution clearly stipulates: "the fundamental task of the state is to concentrate its efforts on socialist modernization", "the progressive realization of industrial, agriculture, national defense and science and technology modernization, to build China into a highly civilized, highly democratic socialist country".

   Third, pay attention to the reform of the political system, improve the national organization. Mainly as follows: strengthen the construction of National People's Congress, the Standing Committee of National People's Congress to expand the powers of the president; recovery system, and adjust its functions and powers; add the Central Military Commission, strengthen leadership and supervision of the army; the administrative organs and the military authorities of individual responsibility; the provisions of the state leaders as restrict term system.

   Fourth, cultural rules to the construction of socialist spiritual civilization for the content of the. Provisions of the construction of spiritual civilization content in the constitution, is the first constitution of 1982.

   Fifth, the unity and dignity and safeguard the socialist law enacted.

   Sixth, strengthen the construction of democratic politics, safeguard the citizen's basic rights and freedom.

    Seventh, safeguard national unity and national unity. The Constitution stipulates: "the state may establish special administrative regions when necessary. In the implementation of the Special Administrative Region in the light of the actual situation of the National People's Congress may by law."

   5Private economy, talent showing itself -- the 1988 constitutional amendment

   The first session of the April 12, 1988 Seventh National People's Congress passed the two amendment to the constitution. The first amendment to the constitution is the constitution of eleventh increased 1 paragraph: "the state permits the private sector of the economy within the limits prescribed by law to exist and develop. The private economy is a complement to the socialist public ownership. The state protects the lawful rights and interests of the private economy, implement the guidance, supervision and management of the private sector of the economy." This is a clear legal status of private economy in our country as well as the guiding principle for China's treatment of the private sector of the economy. The second amendment to the constitution of the original article tenth paragraph fourth: "no organization or individual may encroach upon, the sale, lease or other forms of illegal transfer of land" is amended as: "no organization or individual may encroach upon, the sale or other forms of illegal transfer of land. The right to the use of land may be transferred according to law."

   The 1988 constitution is the objective need of China's economic system reform and economic development. Reform and opening up is the basic spirit of the constitution, with the deepening of reform and opening-up, changed some attract people's attention and problem in economic life. Mainly include:

   One is the emergence of the private sector of the economy. In twentieth Century 80 time later period, the private economy as an economic form, has occupied a certain position in our national economy, its business scale and economic strength can not be ignored.

   Two is the practice of ownership and operating rights of the separation of two rights. The separation of the two powers to promote a new round of reform and opening up, but the separation of two rights and no constitutional basis, in the aspect of land operation is in conflict with the provisions of article tenth, which has been questioned, and caused extensive attention of the society. The 1988 constitutional amendment not only provides the constitutional status of private economy, provides the constitutional guarantee for the reasonable use of separation of two rights and land, but also conforms to the objective demand of the economic system reform and economic development.

   The 1988 constitution amendment to the Constitution by the form of constitutional change, contributes to the maintenance of the stability of the constitution. In the period of social transformation, the revision of the constitution is inevitable, but what form of constitutional law is closely related to the constitutional development and constitutional stability, especially to maintain social stability is an important transition period the constitution. The 1988 constitutional amendment to the constitution of the choice of a constitutional amendment, a constitutional amendment precedent, not only conforms to the requirements of the development of the constitution, which is the improvement and development of specific system, norms and provisions; and maintain the stability of constitution, continuity that the spirit of the constitution, the constitutional text coherence and unity of the amendment. We are commemorating the 20 anniversary of the promulgation and implementation of the Constitution and the prospects of its development, in a sense, thanks to the 1988 amendment constitutional amendment.

   6The market economy, be imperative -- the 1993 constitutional amendment

   Chinese Fourteenth National Congress of the Communist Party, the theory of building socialism with China characteristics identified as a long-term policy of reform and opening up and building. One of the most prominent is the proposed the establishment of a socialist market economy as the goal of reform. However, this goal with the provisions of the constitution of a planned economy, regulation by the market economic system has a direct conflict. Resulting in a constitutional motion.

   In November 12, 1992, the CPC Central Committee to the Standing Committee of National People's Congress Party Constitution Amendment suggestion report for approval, agreed to amend the constitution. Then, according to the National People's Congress Standing Committee's proposal, approved the establishment of the group of Central Committee of Communist Party of China Constitution amendment. The constitutional amendment group members are Peng Chong, Wang Hanbin, Hu Sheng, Xue Ju, Cao Zhi et al. In December 5, 1992, the constitutional amendment group held its first meeting, and emphatically discusses how to amend the constitution of the problem. The meeting decided to set up a constitutional amendment group office, is responsible by Xiang Chunyi, from the office of the NPC Standing Committee Law Committee drafted and fewer staff. In December 7th the same year, 8 and December 18th, the group to amend the constitution held constitutional law experts and economists forum, to commemorate the 10 anniversary of the constitution promulgated according to academic discussions will put on the law to amend the constitution, one by one to research, identify some must modify the terms, the notice issued by the general office of the CPC Central Committee, the Party Committee for 150 units of the provinces, autonomous regions, municipalities directly under the central government, etc. (Group) opinion, and at the same time by them for the local members of the Central Committee and the National People's Congress. The constitutional amendment group various opinions of summary, proposed in 1993 14 February, the Standing Committee of the npc. In March 23, 1993, Beijing City, 2383 on behalf of the 32 delegations will be jointly, the Central Committee of the Communist Party Constitution Amendment added suggested as a supplement amendment to the constitution of the people's Republic of amendments to the draft submitted to the congress. Conference on the two bills for careful consideration, in March 31st voted.

   In March 31, 1993 eighth session of the National People's Congress by a vote of third to eleventh amendments to the constitution. The main content is:

   (1) the seventh paragraph of the preamble to increase the "China is in the primary stage of socialism", "according to the construction of China characteristic socialism theory" and "persist in reform and opening up", and the original "highly civilized, highly democratic" reference to "prosperity, democracy, civilization";

   (2) increase in the eleventh paragraph of the preamble "at the end of the multi-party cooperation and political consultation system under the leadership of the Communist Party of Chinese will exist and develop for a long time";

   (3) the article seventh, article sixteenth (4), (5) the forty-second in the "state-owned economy" to "state-owned economy", "state-owned enterprises" to "state-owned enterprises";

   (6) the article eighth of the "rural people's communes, agricultural producers' co-operatives and other production, supply and marketing, credit, consumer and other forms of cooperative economy, is the socialist economy under collective ownership" is amended as "household contract responsibility system in rural areas the main responsibility system and production, supply and marketing, credit, consumption and other forms of cooperative economy, is the socialist economy under collective ownership";

   (7) the article fifteenth of the constitution "the state planned economy on the basis of socialist public ownership. The auxiliary function of overall balancing by economic planning and market regulation, ensure national economy coordinated development "proportional to" prohibit any organization or individual to disrupt social and economic order, undermine state economic plans "to" the State practices the socialist market economy "and" the state strengthens economic legislation, improves macro regulation and control "" the law any organization or disrupt social economic order";

   (8) the provisions of article ninety-eighth of the constitution of counties, cities not divided into districts, municipal district office of the people's congresses from 3 years to 5 years.

   7The grand blueprint, rule of Law -- the 1999 constitutional amendment

   The first meeting of the nine CPPCC National Committee Chairman Xiao Zhuoji on 1998, to name the members of proposition 1178, namely "proposed changes to the constitution according to the 15 great mind". Committee member Wang Xi submitted 3 proposals: write Deng Xiaoping theory; write the rule of law, building a socialist country ruled by law; write the non-public sectors of the economy is an important part of "" (proposition 1284th).

   After the 15th National Congress of the party, after Amending Suggestions from all sectors of society, the CPC Central Committee set up a panel of the constitutional amendment. In December 21, 1998, Comrade Jiang Zemin convened by the CPC Central Committee Party soil symposium, preliminary observations on the CPC Central Committee proposed to amend the constitution part, to seek the Democratic Party Central Committee, the National Federation of industry and commerce is responsible for the person and non party personages opinion. December 22nd and 24, the CPC Central Committee, Comrade Li Peng constitutional amendment group held the legal and economic experts forum, constitutional revision opinions. In January 22, 1999, the CPC Central Committee put forward on the revision of the constitution part of the people's Republic of China and suggestions to the National People's Congress Standing committee. The nine session of the seventh meeting of the NPC Standing Committee discussed the recommendations of the CPC Central Committee, in accordance with the provisions of article sixty-fourth of the constitution of the people's Republic of China, the people's Republic of China on the constitutional amendment (Draft), submitted to the nine session of the National People's Congress two session.

   In March 15, 1999, the two meeting of the nine session of the National People's Congress for the last item on the agenda: the vote of the people's Republic of China the draft amendment of the constitution. Chairman Li Peng announced: issued tickets 2862, recover 2858, recover the votes less than the issue of the ticket, valid votes. At seventeen o'clock, the General Assembly staff to vote on behalf of their report: in the 2858 votes, ticket valid for 2856, 2811 votes in favor, 21 votes against, 24 abstentions. Chairman Li Peng immediately announced: the constitution of the people's Republic of the twelfth to the 17 amendment. The main content is:

   (1) increase the "Deng Xiaoping Theory" provisions of four basic principles of the seventh paragraph of the preamble of the "construction; according to the Chinese characteristic socialism theory" is amended as "along the construction of China style socialism"; "China is in the primary stage of socialism" is amended as "China will in the primary stage of socialism"; "development of the socialist market economy" content.

   (2) the fifth paragraph is added "the people's Republic of China to implement the rule of law, building a socialist country ruled by law."

   (3) of article sixth of the Constitution stipulates: "the national increase in the primary stage of socialism, adhere to the basic economic system in which public ownership as the main body, various kinds of ownership economy develop jointly, to the distribution system in which distribution according to work as the main body, a variety of modes of distribution."

   The first clause of the Constitution (4) Eighth: "the household contract responsibility system mainly in rural areas......" To "rural collective economic organizations to implement the household contract management as the foundation, the double management system."

   (5) of article eleventh of the constitution is amended as "in the legal Guangdong within the scope of the individual economy, private economy and other non-public sectors of the economy, is an important part of socialist market economy" "the state protects the individual economy, private economy's legitimate rights and interests. The state of the individual economy, private economy to implement the guidance, supervision and management."

   (6) the article twenty-eighth of the constitution of "counter revolutionary activities" is amended as "the crime of endangering national security activities."

   The constitution amendment in 1999, has the function of future, and keep pace with the times, is the product of socialist legal construction in our country, it will "ruling the country by law, building a socialist country ruled by law" the strategy of governing the country solemnly enshrined in the constitution, provides a blueprint for China's socialist legal construction at the beginning of the twenty-first Century society.

   8The protection of human rights, private property -- the 2004 constitutional amendment

   The rapid development of market economy and the sixteen report of the many theoretical innovation, make the constitution is faced with double challenges: Theory and practice. In order to ensure that the constitution becomes the construction of social development, constitutionalism and rule of law through the engine, partially modified, the realization of constitutional change should be the rational choice. In March 14, 2004 tenth session of Second National People's Congress meeting examined and approved the fourth amendment to the constitution of the present, also known as the 2004 constitutional amendment, the eighteenth to the thirty-first amendment, the specific contents are as follows:

   (1) the establishment of the "Three Represents" important thought guiding status in the country's political and social life. The important thought of "Three Represents" into the constitution is the party with the amendment of the constitution mode is that the party will increase the nation will, which put one's heart and soul into serving the people thought, the thought of "Three Represents" is not only the guiding thought of the whole party, and should become the guiding ideology for the national long-term adhere to. The constitution is the law construction process China landmark event.

   (2) to increase the material civilization, political civilization and spiritual civilization coordinated development content. "About the coordinated development of Three Civilizations" written into the constitution, it has created favorable conditions for further deepening the reform of the political system, to provide a clear basis. The political civilization is the important content of human civilization system, which determines the direction of development of the civilization of the whole society system in a certain extent, provide a favorable political environment for the development of material civilization and spiritual civilization, political civilization is the key of progress of society. Therefore, we in the construction of socialism with Chinese characteristics, we must vigorously strengthen the construction of socialist political civilization, political civilization and the harmonious development of material civilization, spiritual civilization.

    (3) increase the builders of the socialist cause in the United front. With the development of market economy, great changes have taken place in social structure, position of the Constitution for the emergence of new social strata to acknowledge, far-reaching, will make the society progress class have the opportunity to fully express their will, under the leadership of the party, together for the socialist cause, the comprehensive construction well-off society.

    (4) to improve the land expropriation system. The constitutional reform "expropriation" as "expropriation or requisition, and give economic compensation", which shows the China government is committed to promoting the economic and social development and to the important thought of "governing the country Three Represents" belief, is conducive to safeguarding people's legitimate rights and interests, the protection of human rights, but the key is how to implement. Some scholars have pointed out, why in the private property of legitimate plus "" this limit attribute? Is that they must first identify whether it is legitimate property, or directly to infer the legitimate? In addition, "why no compensation" add "reasonable" the limit? What is the scope of compensation, standard? These all need to play the function of constitutional interpretation, to implement the spirit of the constitution.

   (5) to further clarify the state of development of non-public economic policy. The constitution of 1982 since the four amendment to the legal status of the non-public economy to "allow" (1988 Amendment), "added" (1993 Amendment), "an important part of" (1999 Amendment), "protection" (2004 Amendment), change the above legal status is reflected in the status of non public owned economy in China in the economic development.

   (6) improve the regulations on the protection of private property. The amendment of the "state in accordance with law of cultivated land protection of citizen's private property and inheritance rights" "the lawful private property of citizens are not violated". The protection of the constitution is life, not to mention the means of production, and private property, including the production and living material, also is the protection of reproduction, which shows the China government is committed to promoting the economic and social development and to the important thought of "governing the country Three Represents" belief, is conducive to safeguarding the legitimate rights and interests of the people, protect human rights.

    (7) increased to establish and perfect the provisions of social security system. Add a new paragraph "countries establish compatible with the level of economic development of the social security system". Social security is a very important economic and social issues, social security system is sound, the legal system is complete, on a country's economic development and social stability, will have a direct impact. This will be clearly written into the constitution, reflects the party put one's heart and soul into the purpose of serving the people, there are unexpected events like "SARS" to deal with the same, and pointed out the direction for the specific legislation related.

   (8) the provisions to increase respect and protection of human rights. This is one of the biggest characteristic of this amendment. This reflects the importance of and concern for the human rights of the new generation of collective leadership, highlight the awareness of human rights, for the national public power in the exercise to protect the people and especially provides the Constitution explicitly the legitimate rights of vulnerable groups, especially provide directional guidance to judge "law making". At the same time as the respect and protection of human rights has become a common practice within the range of values, will be written into the constitution, requires that our legislature should be considered in the legislation of relevant international standards.

   (9) and regulations of the National People's Congress. Increased "on behalf of the special administrative region".

   (10) the provisions about the state of emergency, the constitutional amendment to "martial law" to "the state of emergency". A state of emergency including martial law, and not limited to martial law, the use of a wider range of. Write a "state of emergency" the constitution has the important significance, provides the constitutional basis for the specific legislation and the system construction of the state of emergency. But from the perspective of comparative law, not written into the constitution, the state of emergency in the framework of the existing system, also has the corresponding measures. The provisions of article eighty-ninth of the constitution of our country the State Council authority, such as the provisions of the administrative measures, issue decisions and orders, actually can deal with the problem of the state of emergency.

   (11) the provisions about the president authority. "The president on behalf of the people's Republic of China, receiving foreign envoys" is amended as "President of the people's Republic of China on behalf of state activities, receiving foreign envoys".

   (12) to amend the provisions of township government office. The township, town government term from 3 years to 5 years.

   (13) increase the provisions of the national anthem. "The national flag, national emblem, the capital" is amended as "flag, national anthem, the national emblem, the capital"; and add a "national anthem is" March of the volunteers "". The constitution status to the national anthem, is conducive to the authority and stability of the National Anthem of the people of all ethnic groups to maintain, strengthen national identity and sense of pride.

   The amendment of constitution and constitutional provisions compared with previous, more significantly, involving a wide range of features. In addition to the economic system, but also highlights the political system and civil rights protection system, reflects China's political system reform requirements and to respect the fundamental rights of citizens. The revision of the constitution of great significance, for our country in the Constitution's guidance, adhere to the rule of law, rule of constitution, pointed out the direction of development of socialist country under the rule of law.

   Three, to amend the constitution value

   The global trend in constitutionalism, countries compete to imitate the western constitutional construction today, the constitution is endowed with unique value in the process of building a country under the rule of law. "The core of rule by law is to uphold the constitution value, namely the constitution as the requirements of the social order as the basis of the constitution, with universal binding force". The establishment of constitutional authority depends on the constitution, the stability and the adaptability of dynamic harmony. Fundamentally speaking, maintaining the authority of the constitution, the realization of the rule of law and order, first of all to ensure that the constitutional norms and social reality of the adaptability. In order to realize this requirement, must realize the change of constitution through the scientific method. From the practice of all countries in the world, a comprehensive revision and part of constitutional change mainly through legislation, to amend the constitution, constitutional interpretation, constitutional convention and the constitution text of natural change and other ways. For countries with written constitutions, constitutional amendment is an important way of constitutional change. There are few modifications of the Constitution in the world, the important function of constitutional amendment is constitutional vigor, maintain the constitutional authority, the realization of constitutional value. To establish a set of perfect constitution modification mechanism and guarantee its effective operation, is the inevitable requirement of the construction of rule of law in the system.

   In today's China, the constitutional amendment has extremely important practical value. The Constitution and the market economy is a kind of interactive relationship, but this relationship is not an equilibrium, direct corresponding relationship. From the characteristics of the Constitution and the market economy, the Constitution and the market economy is not harmonious is the proper meaning of this unbalanced interaction. The law has the conservative nature, legal framework with a rigid, the legal reform often backward social reform, may also developed a tendency to transfer control to the social life of the. The Constitution also so. While the market economy is in a state of flux. More important is the nature of competition is the market economy. As the knowledge discovery process of competition, the cognitive hall we constantly innovation, and the impact of the stability of constitution.  

   In addition, the market economy of our country is struggling in the planned economic system for decades and is far more than the degree of maturity, not capitalist market economy. In our market economy system construction as a national goal, legal and institutional conditions must be created to the development of market economy, the constitution important guiding role on the establishment of such a system is. Development, the requirement of the Constitution can not be long-term behind social so, in today's Chinese the rule of law and market economy countries constitutional amendment after, of course, the higher value rational sense. General Secretary Hu Jintao in commemoration of the 20 anniversary of the promulgation of the 1982 constitution pointed out: "the rapid development of reform and opening up and socialist modernization construction, is the basic reason for the full implementation of the Constitution and the improvement of the. Practice is endless, the constitution should be continuously perfected along with the development of practice. To adapt to the development of the reform and opening up and socialist modernization construction requirements, according to the practice of important new experience and new knowledge, timely amended and supplemented in accordance with legal procedures necessary for certain provisions of the constitution, the constitution become reflects the demand of the times, with the constitution." In fact, the current constitution of our country is not rigid history file, she has always been in the development of a flowing stream. It is the four time since 1982 amended constitution, the core spirit of the constitution is more in line with the reform and opening up, advancing with the times, enhance the authority of the constitution, the promotion of social development.
   In short, the constitution is the fundamental law of the state, has the highest legal effect. The rule of law, is the first ruling the state by constitution. Through the legal amendment, not only can make the content more in line with the actual needs, but also in the whole society to firmly establish the dignity and authority of constitution, guaranteeing the implementation of the constitution.