News: Deng Xiaoping personally guide the drafting of the constitution of 1982
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Aaron Lewis
Comrade Deng Xiaoping personally guide the drafting of the constitution of 1982 Wang Hanbin
The current constitution of our country is based on the 1982 Party since the Third Plenary Session of the eleven line, principles and policies, to meet the needs of political, economic, and cultural development in the new period setting.In the drafting of the Constitution in the process, the Central Political Bureau and Secretariat specially convened a discussion at the 8 meeting, the committee to amend the constitution held 5 meetings, 3 are the chapters and sections by discussion and revision, and 4 months of discussion in the national, was submitted to the five session of National People's Congress fifth conference approved by.Comrade Deng Xiaoping
Guide the work of the amendment to the constitution.He look far ahead from a high plane, over in one's mind, decisively put forward the proposed changes to the constitution, the major problems encountered in the drafting of a new constitution in a series of problems, especially the national system, timely, clearly put forward the opinion, the formulation of the constitution play a decisive role.I took part in the revision work, deeply felt the many problems encountered in the constitution, are in Comrade Xiaoping under the guidance of a correct solution.To mark the one hundred anniversary of the great man in our birthday, cherish the memory of his achievements in this respect, review the important instructions to his, still feel a great inspiration and lessons learned.
Comrade Xiaoping put forward a comprehensive amendment
In the eight two years before the formulation of the constitution, China has formulated three constitutions.The 1954 Constitution is a good constitution.The 1975 constitution, is a result of "the Great Cultural Revolution".PowderZhenyuan County paternityMake broken the "Gang of four" of the 1978 constitution is also influenced by the "Cultural Revolution" greatly, still sure "Cultural Revolution", adhere to the "continuing the revolution under the dictatorship of the proletariat" as the guiding ideology.This is clearly with the objective reality of party after the Third Plenary Session of the eleven is not to, and more and more unsuitable.Therefore, after the third plenary, 1979 and 1980 have a series of seven or eight years constitution has two individual content changes.The 1979 revision of the organic law of local governments, according to various aspects, proposed the abolition of the Revolutionary Committee of the local people's Committee, recovery, the establishment of local people's Congress and other issues, comrade Peng Zhen to central write the report, put forward three solutions: one is the legislative form of the Revolutionary Committee System fixed.To do so, not in favor of people may be more.Two is to cancel the Revolutionary Committee, to restore people's committee.To do so in the name of the cancelled Revolutionary Committee, but to expand people's democracy, improve the socialist legal system may not be able to help and improve much substantive.Three are at or above the county level people's Congress Standing Committee and set, restore people's Committee (including the governor, mayor, county magistrate titles), this scheme may better.The three scheme is adopted which?Please the central decision.Comrade Xiaoping soon instructions: "I am in favor of the third plan, the National People's Congress to amend the constitution to corresponding only this one, the other does not move.This proposal in the National People's Congress meeting to discuss."The Political Bureau of the Central CommitteeFengqiu County paternityCommittee discussion with Comrade Xiaoping's instructions, according to the principle of amending the Constitution and organic law of local governments at or above the county level, the provisions set up standing committee and local people's congresses at all levels, according to the views of people's Congress Standing Committee and representatives, the revolutionary committees to people's government.In 1980, some people motionless with the "wrong way cultural revolution" of the big character posters, especially Beijing Xidan wall posters pasted once more, cause serious confusion and social unrest.Comrade Xiaoping put forward, to cancel seven or eight years about the constitution "the big four" (the big Ming, large, posters, the great debate) regulations.He points out, "the big four" can foster turmoil, can only hinder the four modernizations, also can hinder the democracy and legal system, as a whole, have never played a positive role.Therefore, the revision of the constitution of this one, "in ensuring stability in the country's political life, is also a very important question."According to the recommendations of the CPC Central Committee, the three session of the five National People's Congress on Amending the constitution, passed forty-fifth resolutions, the abolition of the "four".The two amendment is Comrade Deng Xiaoping's decision, then solve the urgent need to address the problem.But the Party Central Committee and Comrade Xiaoping still thinks, such modification or not fundamentally solve the problem, it is necessary to further a comprehensive revision of the constitution.
In August 18, 1980, comrade Xiaoping expand the speech of the CPC Central Committee Political Bureau meeting, systematically expounds the reform of leading system of the party and the state of.He puts forward, the Central Committee isXichong County paternityConsidering the major reforms, the first is to the National People's Congress to amend the constitution, suggestion.Comrade Xiaoping pointed out: "our constitution should be made more complete, thorough, accurate, to ensure the people's right to manage state organizations at all levels and the various enterprises and institutions of power, enjoy full rights of citizens, to make in areas where people of minority nationalities the real implementation of ethnic regional autonomy, to improve the system of people's congresses, etc..About not allowing the over concentration of power principle, will also be reflected in the revised constitution."Comrade Xiaoping this speech, in fact the important guiding ideology for the drafting of the constitution eight two years.
The drafting of a new constitution in five four years the constitution as the basis
In September 10, 1980, the three session of the five National People's Congress adopted an amendment to constitution and the establishment of the constitutional amendment Committee resolution.The beginning of a constitutional amendment committee secretary Hu Qiaomu presided over the revision of the constitution drafting, he proposed to modify the basic framework and the views of the constitution, has done a lot of work.But during this tree still is responsible for the drafting of a "since the founding of the party's resolution on certain questions in the history".1981 June through the "resolution", tree comrades to Comrade Xiaoping put forward is not good, the body needs to rest, not care to amend the constitution work, suggestions to amend the constitution of time delay.Comrade Xiaoping thinks, must pay close attention to the revision of the constitution, cannot be postponed.Therefore, comrade Xiaoping Comrade Peng Zhen presided over the revision of the constitution of the work.When Comrade Peng ZhenLitang paternityServed as vice chairman of the Committee for revision of the constitution.
The revision of the constitution, under normal circumstances, should be before a constitution, the constitution as the basis for seven or eight years but seven or eight years constitution has not fully recovered from the "Cultural Revolution", there are a lot of "Cultural Revolution" the legacy content, difficult as the foundation and the constitution amendment rough comparison, only 60, many the constitution should make provision for no provision.At that time five four years of research into the constitution, the constitution, although some provisions are outdated, but the basic principle which is more suitable for the specified.But the constitution of 106, is the perfect.After the "Cultural Revolution", people still missing five four years constitution.Comrade Peng Zhen is considered in five four years the constitution as the basis. He ask Comrade Xiaoping.Comrade Xiaoping approved of the idea, and points out that: from 1954 to the present, the original constitution of nearly thirty years, the new constitution will give people a new look like.The formulation of the eight two constitution, inherit and development for five four years of the Constitution and the basic principle, modify inappropriate content for seven five years and seven or eight years in the Constitution Constitution, is to adapt to a Chinese characteristics, the demands of the new period, to guarantee the smooth progress of the socialist modernization construction and national long period of stability of the constitution, since the the new Chinese established the perfect constitution.
The four basic principles of the Constitution
Began to study the constitution, comrade Xiaoping put forward clearly, certainYaozhou District of paternityThe four basic principles of the constitution.How to write the Constitution?The research has two options: one is written into the constitution; one is writing the preface.After repeated studies, decided to write articles and some difficulties, for example, it is difficult for everyone to adhere to Marxism Leninism, Mao Zedong thought.On the eve of the "common program" and the new China set five four years after the founding of the new Chinese, never to Marxism Leninism, Mao Zedong thought leadership and China write articles, five four years the constitution only two described in the preface to the leadership of the party.The provisions of seven five years and seven or eight years of constitutional law constitution with Marxism Leninism, Mao Zedong Thought and on the provision of the leadership of the party.At that time, some people did not approve of Marxism Leninism, Mao Zedong Thought and the leadership of the party constitution provisions.Comrade Sun Yefang wrote back to the Committee for revision of the constitution, proposed to abolish the provisions about the leadership of the party and state the guiding ideology of the Constitution in seven or eight years."Deng Xiaoping Chronicle (1975-1997)" in 1981 December, comrade Xiaoping said: in the same Comrade Hu Qiaomu on the revision of the Constitution when stressed, the preamble to the Constitution in Marxism Leninism, Mao Zedong thought to mention, not to mention the provisions.At that time, comrade Peng Zhen put forward after repeated consideration, the four basic principles of writing a preface, from the narrative China modern historical development facts to show that adhere to the four cardinal principles with more confidence.He pointed out that, since twentieth Century, four turn the world upside down event occurred China: one is Xin Hai revolution; two is to overthrow the three big mountains, builtGanyu paternityThe people's Republic of China; the three is the completion of the socialist transformation; four is basically built independent, relatively complete industrial system.In the four events, in addition to Xin Hai revolution led by Sun Zhongshan, the other three are in the Chinese under the leadership of Marxism Leninism, Mao Zedong thought, in under the guidance of.We want to Chinese from narrative practice of revolution and construction since the beginning of this century, the four basic principle is not to the people reflect the will of the objective law, and is a historical choice made hundreds of millions of people in China in long-term revolutionary struggle.Therefore, to take account of the history of the facts in the introduction of the way to explain the four basic principles.Comrade Peng Zhen has personally penned the preamble to the constitution.
Practice has proved, the four basic principles of the Constitution written down is absolutely necessary.This is the common political basis and the people of all ethnic groups united forward, but also the basic guarantee for the national long period of stability, a variety of risks stand and smooth implementation of the construction of socialist modernization.Someone in the preamble to the constitution Is it right? Legally controversial.Once a leading comrades asked me: the preamble to the constitution has no legal effect?I said, the preamble is legally binding.Only the preamble to the constitution of the four cardinal principles are the narrative language, not prescriptive language, where applicable, is flexible.
The civil rights and obligations under the national mechanism
IJinjiazhuang paternityStructure in the first three constitution is the same, all except the preface and four chapters.In general, followed by "national institutions", "citizen's basic rights and obligations of the two chapter".The amendment to the constitution, it has been proposed to basic civil rights and obligations on the national mechanism.When we study, is the first civil rights and state institutions, according to the authorization of citizens, or the first national agencies to define the rights and obligations of citizens?Especially in relation to the three constitution, is the national organization on the front, feel that this is a difficult decision problems, we ask Comrade Xiaoping.Comrade Xiaoping thinks or to the basic civil rights and obligations placed in front of national institutions.This decision is important.Comrade Xiaoping to consider the issue, is HISTEP, very deep.All authority of our country belongs to the people, the national agency is established according to the authorization of the people.No mandate from the people, the national agency will lose the foundation and source of power.In the system design, the first rule of civil rights and obligations, then the provisions of national institutions, can more fully reflect all state power belongs to the people of nature.At the same time, "is closely related to the fundamental rights and duties of citizens" and "general principles chapter", then write, in logic is also relatively easy.We found some national constitution, most are put before the provisions of the rights and duties of citizens are listed in the relevant national institutions.
The change of constitutional structure, show meSuixian paternityAttach great importance to our country is entitled to the rights of citizens.The formulation of the eight two constitution, according to Comrade Xiaoping put forward to let people enjoy full civil rights, the rights and freedoms of the citizens made a wide, full of provisions, and in accordance with the rights and obligations of the principle of adapting, also make clear provisions on civil obligations.
To engage in a bicameral
Constitution has been proposed, to the house of Commons Committee, people's congress.A leading comrades put forward, we Is it right? Can refer to the Soviet Union Institute and the National Institute of design practices, represents the region has the composition produced by industry sector represents one, consisting of the other house.The Secretariat of the Commission is also on this constitutional amendment, a constitutional amendment to the Chinese people's political consultative conference vice secretary of committee for a bicameral report.Xinhua News Agency journalist have strong opinions, write a written material to my reflection, I report of Comrade Peng Zhen, comrade Peng Zhen comrades granted to the trees, tree comrades criticism of this thing.The draft constitution, five four years is studied, then the Central Committee of the party decided not to engage in a bicameral.This again later, comrade Peng Zhen thinks or according to the provisions of the five four Constitution do more appropriate, instructions of Comrade Xiaoping.Comrade Xiaoping thinks, still do not have a bicameral legislature, if the two disagree, coordination is very cumbersome, very difficult operation.He also saidLaiyuan County paternityWe still do, unicameral legislature, is the people's Congress unicameral legislature, the National People's Congress is the highest organ of state power, so the functioning of state institutions is relatively easy.Comrade Xie Jianying on the revision of the constitution of the advice is not much, this time he specifically said, must not engage in a bicameral legislature, don't put into the Chinese people's Political Consultative conference.
Comrade Xiaoping points out clearly that the different nature of the supervision by CPPCC and NPC's supervision.In September 27, 1980, he was the CPPCC National Committee to amend the statute on a document for the first time the conference committee prepared: "don't take the Chinese people's Political Consultative Conference into an authority.
The Chinese people's Political Consultative Conference can discuss, criticize and suggestions, but no right to inquiry and supervision of government.It is different from the National People's Congress, this point please note."In November 12th the same year, and instructions in Ulav, comrade Liu Lantao wrote: "long-term coexistence, mutual supervision of the original speaking, refers to the relations and the democratic parties, the supervision to the government authority, has its fixed meaning, the CPPCC should not have the authority to write, not for good."This explains the supervision by the NPC and CPPCC supervision of different nature, the former is legally binding, the latter does not have the binding.And also pointed out that the CPPCC not organs of state power, not a part of national institutions.This is for us a correct understanding of the system of our country has important significance.The constitution of CPPCC some comrades urged the Political Consultative Conference of the "democratic supervision" into the constitution.According to the instructions of Comrade Xiaoping's spirit, it is not written.HuWuming County paternityTree revision committee third meeting comrade described in the Constitution says, "democratic supervision" this is entirely correct, but wrote the constitution becomes a legal problem, the CPPCC members, political relations with the State Council is complicated.The State Council to accept the NPC and the NPC Standing Committee's supervision, which is the basic structure of countries, is the constitutional.If the Constitution also stipulates that the CPPCC also implement "democratic supervision", then the "democratic supervision" of course is the first object of the state council.So the work of the State Council shall have a lot of difficulties.On the other hand, the National People's Congress decided not to have to decide the legal significance of the highest organ of state power, but also in the Chinese people's Political Consultative Conference on the same problem before you make a decision, the state will become the two highest organ of state power.Tree comrades this explanation, the supervision by the NPC and CPPCC supervision have different properties to clarify cannot take the CPPCC into authority, can not engage in a bicameral.
The amendment to the constitution, according to Comrade Xiaoping puts forward "to improve the system of people's congresses" requirements, after careful research, made a series of regulations to improve and perfect the system of people's congress.Mainly, the original belongs to the National People's Congress as part of the powers exercised by the Standing Committee of the NPC Standing Committee, to expand the authority and strengthen its organization.Provisions of the National People's Congress and Standing Committee of National People's Congress to exercise the legislative power of the state, in addition to the basic law by the nationalWenxian paternityThe National People's Congress enacted, other laws can be formulated by the Standing Committee of National People's congress.At the same time, members of Standing Committee of National People's Congress shall hold office in any of the administrative, judicial, procuratorial organs, is actually a standing committee to implement the provisions of the professional system; addition of a special committee, National People's Congress and the Standing Committee of National People's Congress to work under the leadership of.Strengthening the construction of the local government, the establishment of the local people's Congress at or above the county level, formulate local regulations to the provincial people's Congress and its Standing Committee power.To change a system of rural people's commune commune, Township People's government and the establishment of the people's Congress.These Provisions, are important to the national political system reform, to perfect the state system, strengthen the work and the construction of the organs of state power, has great and far-reaching significance.
Or a president
Five four years of our country constitution set the president, but because of the "Cultural Revolution" in Lin Biao after the incident critical national chairman is Lin Biao's anti party program, seven five years and seven or eight years have not the Constitution Constitution set the president.The amendment advice, many people put forward to build national chairman.At that time, we are so big country, no president, no head of state, the state mechanism up some difficult places, such as the chairman invited foreign heads of state to visit, they do not feel equal.For foreigners, chairman of the speaker, not heads of state.Our country for many yearsYuexi County paternityWith the president, the people feel this is very natural, is indispensable.Linked to the comrade Liu Shaoji's experience, we were on five four years under President Miss constitution.However, criticism of Lin Biao is president anti party program, this is a very sensitive issue.Comrade Peng Zhen tend to restore a president, ask Comrade Xiaoping.Comrade Xiaoping said: "is to restore the president.We are a big country, it is beneficial to the country."At the same time, he also proposed, president authority to provisions of "virtual" a little, don't tube specific things, not specific decisions, not to interfere in government administration.There was a leading comrades disapprove of a president, said to be a president, can only be held by Comrade Xiaoping, but Comrade Xiaoping is not willing to, it is not the right people can hold, had not set.Comrade Xiaoping said, in addition to me, others can also act as.If the country needs to set up, not from a personal account to establish our system.
According to Comrade Xiaoping, eight two years of constitutional president's powers and rules for five four years the president's authority is not completely the same, if there is no provision President can convene highest state conference and commander of the armed forces.The president is according to the National People's Congress and its Standing Committee decided to exercise their functions and powers, not self determined, such as the law promulgation, appointment and removal of the State CouncilShouguang City, parentage identificationPersonnel, appoints and recalls plenipotentiary representatives abroad, and abrogation of treaties and important agreements concluded with foreign states, Amnesty released, proclaim the order of martial law, to declare a state of war, issues mobilization orders and so on, is the exercise of the National People's Congress and its Standing Committee decision.At that time, also considered the National People's Congress and the Standing Committee of the NPC's decision if there are problems, to take in some countries, the president can decide to return the National People's Congress or the Standing Committee of National People's Congress to reconsider?Some people with "problems in the Great Cultural Revolution" occurred, that such a provision is safe, a buffer room.After repeated research, finally according to the instructions of Comrade Xiaoping, also do not make such provisions.
The establishment of the Central Military Commission
Five four the provisions of the constitution, the president as commander in chief of the armed forces, chairman of the national defence commission.In seven or eight years the constitution abolished the president, chairman of the Central Committee of the Communist Party of China Provisions of commander of the armed forces, the relationship between the army and the country has not stipulated, relations between the armed forces and the state is not clear.The Constitution stipulate president commander of the armed forces?The relevant provisions of the state constitution was much better, the UK, France, Germany, the America, Japan, are also studied.The king is no dummy, and the army commander.The president is the commander in chief American.To draft a new constitution, more opinions or by five four years of the Constitution by the president, commander of the armed forces, according to theShunqing District, parentage identificationDrafting the draft constitution (draft).At that time the Party Central Committee, chairman of the state president and CMC are held by two.Comrade Xiaoping put forward the special provisions, with the chairman of the Central Military Commission, the chairman of the Central Military Commission and president are produced by the National People's Congress election.
According to Comrade Xiaoping's views, increase a constitution in national institutions in the chapter, specifically to the provisions of the Central Military Commission, and the drafting of the provisions of the draft of the revised report, comrade Peng Zhen, comrade Xiaoping review.Comrade Xiaoping put it on the desk for about two days, and on the third day, he put the comrades concerned to find, comrade Peng Zhen and Comrade Yang Shangkun.Comrade Xiaoping personally presided over the discussion and drafting of this day, he wrote the two, one is the Central Military Commission directs the armed forces of the Central Military Commission, the chairman; another is the chairman of the Central Military Commission regulations to the NPC and its Standing Committee is responsible for.
The Constitution provides for the establishment of the Central Military Commission, the leadership of the armed forces, and the provisions of the Central Military Commission members from the National People's Congress elected or appointed, the chairman of the Central Military Commission is responsible to the National People's Congress and its Standing Committee, from a legal point of the national army is the army, prescribes the status of forces in state system.The army is very important, the nominal CMC can directs the armed forces of the country to exercise the powers, the forces of work is very good.Some people worry that the national military mightGuye District of paternityRing the Party leadership over the armed forces, so the Party Central Committee issued a special notice clearly pointed out, the Central Military Commission is not only the country's Central Military Commission, is also the party's Central Military Commission, is a team two brands, will not affect the party's leadership.It was also proposed, the Constitution shall be Chinese "people's Liberation Army is China under the absolute leadership of the people's armed forces".Some people think that writing is difficult.Ask Comrade Xiaoping.Comrade Xiaoping said, in the preamble to the constitution has written the leadership of the party, including the Party leadership over the armed forces, do not have to write the.
The abolition of life tenure in leading posts
Comrade Xiaoping is in "reform" the system of Party and state leadership and other speech, repeatedly stressed the abolition of life tenure in leading posts.He said, forms the lifelong cadre post system phenomenon, have a certain relationship with the feudalism, with our party has not been properly retirement, severance problems are.This is a mistake.He pointed out that, abolishing the system of life tenure in leading posts, the key is to perfect the system of cadres, cadres at all levels of tenure, and retired, retirement, according to the different situations, make provision for appropriate, clear.He stressed that "any leading cadre appointment cannot be indefinitely", "this is related to our party and national prosperity, full of youthful spirit of a big problem".We think that Comrade Xiaoping this opinion is very important, is a summary of the countryYancheng City paternityAn important conclusion is the historical experience and lessons drawn, should be reflected in the constitution.After research, the special provisions of the state chairman, vice chairman, chairman of the NPC Standing Committee, vice chairman, premier, vice premiers, State Councilors, President of the Supreme People's court, the Supreme People's Procuratorate, shall serve no more than two consecutive.This was canceled in fact of life tenure in leading posts.Practice has proved that more than 20 years, with far-reaching historical significance of this provision, to strengthen national leadership system, the construction of socialist democratic political system, and maintain the vitality and the stable development of the national economy, has played a very important role.
Retention of the Supreme People's Procuratorate
To amend the constitution later, a leading comrades put forward, in order to simplify the administrative structure, the Supreme People's procuratorate can no longer set up independent of the administrative department, and take some of the practices of western countries, by the Ministry of justice to exercise procuratorial organs function, to merge with the Department of the Supreme People's procuratorate.We study, think of the Supreme People's Procuratorate of Chinese independent from outside the executive branch has been for many years, the sudden cancellation, time is very short, not fully solicit opinions, may cause some problems.Because at that time the Division I is responsible for the drafting of national institutions a chapter, I have an opinion and Comrade Zhang Youyu has written since the founding of our country, put forward has been the procuratorial organs are independent of administrative departments, that so many years of practice and not what big problem and notGaogang paternityWhere feasible.At the same time, the procuratorial organs shall supervise administrative illegal and malfeasance, which are independent of administrative organs, detached, more conducive to handling this kind of case, don't change for good.We write the written opinions to Comrade Peng Zhen, comrade Peng Zhen reviewed after modification, report to Comrade Xiaoping review.Comrade Xiaoping said: People's Procuratorate still maintain the status quo, not merged with the Department of justice.
The establishment of the administrative supervision organs
The early founding of new China, set up the people's supervision committee in the government affairs institute, is responsible for monitoring the government and civil servants perform their duties.In 1954 changed to the Ministry of supervision, after the anti rightist struggle cancelled.Eleven party 3 in after plenary meeting, comrade Peng Zhen chaired the legal work of the Commission, has argued that the Council has established the commission or the Ministry of supervision, to ensure that the various departments of the State Council and all levels of government to implement the State Council decrees and decisions.He said, in our country, the party has its discipline, violate Party discipline by the Central Commission for Discipline Inspection pipe; illegal crime, by the judiciary court tube.Violation of the decision of the State Council, in violation of government decrees, but no departments, only by the party, this isn't right.Democrat Qian Changzhao also specially written recommended the establishment of the Ministry of supervision.I follow the instructions of Comrade Peng Zhen, and wrote three report, recommended the establishment of the National Commission or the Ministry of supervision, but it was not unanimous, central decision not to.Constitution, comrade Peng Zhen put forward again to the establishment of a National Commission, and written into the ConstitutionDashiqiao City paternityLaw, drafted provisions, but because of some of the leading comrades do not agree, eight two years no written constitution.But wrote "the leadership and management of civil affairs, public security, judicial administrative and supervisory work in terms of article eighty-ninth of the constitution of the State Council".It provides a legal basis for the establishment of the supervision department under the state council.
In 1986, the Party Central Committee stressed once again to strengthen anti-corruption struggle.Comrade Xiaoping, a part of corruption is the corruption, some government officials of corruption, or party, now to deal with corruption always by the Central Commission for Discipline Inspection pipe, will make people mistakenly think that corruption is the corruption.The State Council or to a supervisory organs, in charge of administrative problems.Comrade Xiaoping said, correcting the unwholesome tendencies, cracking down on criminal activities, belong to the scope of the law to use the legal system to solve the problem, the party directly, not appropriate.Party to Party discipline problems, legal problems to the state and the government.
This is a party and government relations, is a political system.As the Central Committee Political Bureau Standing Committee and Secretary of the Central Committee of Comrade Hu Qili once again I write the report, approved by the CPC Central Committee, the State Council Secretary General Comrade Chen Junsheng consult me set up a supervisory organ problems.I said that Comrade Peng Zhen's opinion is the best national supervisory committee, power point, chief minister, can control the ministries, not can also be provided with the Ministry of supervision.Comrade Chen Junsheng said, is to set the Ministry of supervision comparisonXigu District of paternityEasy.So, by the State Council to the NPC Standing Committee approved the establishment of the Ministry of supervision decision.
The system of regional national autonomy of good or
Amend the constitution, regional autonomy of ethnic minorities was discussed, the sufficient.Before the founding of new China for a period of time, our party has proposed the establishment of the Federal Republic of claims.1949 to convene a China people's Political Consultative Conference, the drafting of the common programme, Comrade Mao Zedong put forward, to consider whether to federal or doing United Republic of China, regional autonomy of minority nationalities.After repeated deliberation of the Central Committee of the party, and with people outside the party consultation, decided not to engage in multi ethnic federalism, the implementation of ethnic regional autonomy in minority inhabited areas.In the "common program" and five four years of the constitution of the system of regional ethnic autonomy.The amendment to the constitution, comrade Xiaoping repeatedly stressed, the system of regional ethnic autonomy or we carry out better, than the federal system.In 1981 August, comrade Xiaoping during his inspection tour in Xinjiang, the autonomous region is responsible for conversation and pointed out: to put the system of regional ethnic autonomy in our country by law, to solve the problem from the law, to have the law on Regional National autonomy.Comrade Peng Zhen pointed out: our country is implementing the system of regional ethnic autonomy, not to engage in the federal system, not to engage in republics, not to engage in national self-determination.Therefore, the provisions of the constitution, regional national autonomy in areas where people of minority nationalities, organs of self-government are established to exercise the power of autonomy.At the same timeBeiguan District paternityRegulations of the people's Republic of China is a unified, created jointly by the people of all ethnic groups of the country with many nationalities, all ethnic autonomous areas are part of the people's Republic of China can not be separated.At that time, some people think that after a word may cause some doubts in the minority, can not write.After research, the sentence is to write.Such regulations, not shoot at random, but not essential, has the significant practical significance.We from many years Darai advocate the so-called "Tibet independence", some Xinjiang separatists to advocate the so-called "East" of Republic of Turkey Si Tan, you see more clearly, the provisions of the constitution to safeguard national sovereignty, unity and territorial integrity, has great significance.
In the constitution drafting process, some comrades put forward should be the implementation of regional ethnic autonomy of national accounts for the main components in the autonomous organs.There is also the Chairman Mao said autonomous local Party committees should also be used to illustrate the nationalization, the organs of self-government of the national autonomous predominant.Comrade Peng Zhen put forward the idea of comrades please draft a constitutional provisions to.They didn't write it out.At that time, comrade Xiaoping said, autonomous local cadres still talk about communism.I think Xiaoping's opinion is very important.In the national autonomous areas, in addition to the implementation of ethnic regional autonomy of ethnic, and other nationalities, and many of the national autonomous areas often do not account for the majority of people.At the same time, theDingyuan County paternityWith the cadre depends on conditions and ability, professional knowledge and ability, if the main ethnic composition, the neglect of other factors, to the autonomous areas of economic, cultural development is not necessarily beneficial.Of course, in the composition of the organs of self-government of personnel to also should reflect the characteristics of the ethnic autonomous areas.Therefore, the provisions of the constitution, the chairman of an autonomous region, autonomous prefectures, Autonomous County, held by the implementation of ethnic regional autonomy of ethnic citizens; NPC Standing Committee should be the implementation of ethnic regional autonomy of ethnic citizens as director or deputy director.At the same time, the ethnic autonomous areas to exercise autonomy in accordance with the constitutional authority, can according to the actual situation of the local implement national policies, the independent management of the local economic, cultural construction.
Practice has proved, the implementation of ethnic regional autonomy system to safeguard national unity, safeguard sovereignty, territorial integrity of the state, safeguard the legitimate rights and interests of the minority nationalities, and accelerating the development of ethnic economy and culture, have very important significance.In the former Soviet Union and some countries in Eastern Europe upheaval, comrade Xiaoping has repeatedly said, the system of regional ethnic autonomy or we have a good.
Provide the constitutional basis for "one country two systems"
In order to solve Taiwan's reunification with the mainland, and Hongkong, Macao's return to the motherland, comrade Xiaoping creatively put forward the great conception of "one country two systems", as a general rule to solve the Taiwan problem.Constitution, comrade Hu Qiaomu put forward the ConstitutionMianyang City paternityMethod to make relevant provisions on this issue.He drafted provisions, the draft of the revised thirty-first provisions in the Constitution: "the state may establish special administrative regions when necessary.In the implementation of the special administrative region within the system, according to the specific situation of the National People's Congress may by law."And the corresponding provisions in article sixty-second of the National People's Congress authority: "the establishment and the system determines the special administrative region."At that time, on the question of Hongkong negotiations have just started, the negotiations on the Macao issue has not started yet, so Comrade Peng Zhen on the revision of the constitution draft report only mentioned Taiwan, not Hongkong, Macao, but said "this is the basic stand tide we deal with these problems.This clearly put Hongkong, Macao included.In the drafting of the basic law of the Hongkong Special Administrative Region, some Hongkong people have concerns, it is different from the socialist system of the capitalist system in Hongkong does not meet the requirements of the constitution, the amendment to the constitution, stipulated the implementation of "one country two systems in Hongkong".The Basic Law Drafting Committee meeting in Hongkong early, Hongkong reporter to Comrade Ji Pengfei proposed to amend the constitution question, let me answer Comrade Ji Pengfei, I reply to reporters, the thirty-first amendment is specifically for Hongkong will be different from the socialist system of the capitalist system, special provisions that the implementation of the "one country two systems" and, therefore does not need to modify the the constitution.In order to further liftQixian County paternitySome people doubt of Hongkong National People's Congress in 1990, in the consideration of the basic law of the Hongkong Special Administrative Region, also passed on the basic law of the Hongkong Special Administrative Region, defined the basic law of Hongkong is in accordance with the constitution, in accordance with the specific circumstances of the development of Hongkong, is in line with the constitution.Now Hongkong, Macao has already returned to the motherland.Practice shows that, comrade Xiaoping put forward the "one country two systems" for the maintenance of Hongkong, Macao's stability, prosperity and development has a very important significance.
We see, comrade Xiaoping put into operation from 1980, great energy to catch the two things: one is the drafting of "on certain questions in the history of the party since the founding of the resolution", summing up the past, future oriented; the other one is drafting a new constitution, the provisions of the basic system and the basic task of the nation in the constitution.This is the basic construction of relation party and national future destiny, "".Comrade Xiaoping on the two things on very tight, have a strong sense of urgency.He drafted the "resolution on certain questions in the history of" the party since the founding of new China has made 13 conversation, on the drafting of the new constitution also repeatedly with some comrades, revision draft review report on Revising the Constitution and the constitution, to participate in the Political Bureau meeting, promptly made a series of major policy decisions."In the face of new problems encountered serious complex chaos after the Cultural Revolution" and the new period case, comrade Xiaoping rack one's brains, look far ahead from a high plane to solve the relationship between the party and national future and destiny of the greatRugao paternityThe problem.In practice, our country has entered a new period of the historic turning of Comrade Xiaoping, with extraordinary courage in theory and political courage, seek truth from facts to sum up historical experience, keen grasp the pulse of the times, gradually formed the theory of building socialism with China characteristic, put forward the party in the primary stage of socialism the basic route of "one center, two basic point", successfully opened up a new road for the realization of socialist modernization in the reform and opening, and the constitution of the form established, make people have a clear and definite orbit, is of great historical significance.Though Comrade Xiaoping depart from the world for ever, but the outstanding contributions he made to the eight two years of the constitution, like the great merit his achievements in the long-term revolution and socialist construction in other aspects, people will always remember.Brilliant thoughts of Comrade Xiaoping will be shining on our people along the way.Let us in the Party Central Committee General Secretary under the leadership of the great banner of Deng Xiaoping theory, exalted, carry out the important thought of "Three Represents", adhere to the basic principle of ruling the country by law, and ensure the implementation of the constitution, in order to realize the grand goal of building a well-off society, and strive to build China into a prosperous, democratic, civilized socialist country.The constitution amendment of constitution all comments only on behalf of netizen opinion, ifeng.com neutrality.Weixian paternity