Analysis of constitutional heavy, difficult problems

 

The first chapter is the basic theory of constitution

 A difference between constitution and common laws

This problem can be analyzed from the following three aspects

First, the provisions specified in the Constitution and common law of the content of different content.

The constitution as the fundamental law of the state, its content is the provisions of fundamental system of the country, is the general regulations of the country. The constitution content in national life and the most important fundamental problem, it is the legal basis of the state and civil activities. The constitution characteristics in content, is most of the country's situation, reflects the general rules of the constitution. But specific to the case, a state constitutional provisions which contents needs, there is not a unified model, the general will and the historical and realistic conditions based on. The current constitution of our country from China's national conditions, properly defines the basic system and basic task of the nation, seek truth from facts to confirm the basic civil rights and obligations, to further strengthen the construction of national institutions. It defines the steps and methods of policy, policy and the construction of national must be taken in the primary stage of socialism with China characteristic socialism to use the form of fundamental law.

Basic characteristics of the constitution based on the constitution, is not as common as the specific legal. This is because the constitution is not law compilation, it does not exclude the legislature's daily work of legislation, but also requires the work. The constitution as the fundamental law of the state, it is the legal basis of the legislature in daily legislative activities. Therefore, usually on the national legislative principles prescribed in the constitution, the legislative organs have the basis for routine legislative activities, and make the constitution specified by legislative acts themselves. Thus the constitution is also known as the "mother" law, "the supreme law", the common law is referred to as the "sub law".

Second, in the force of law is different from ordinary law.

Validity refers to the legally binding and enforceable. The state giving rise to legal binding and enforceable law has the vitality, necessary condition to play the role of the law is. The acts of violation of the constitution, must also be in accordance with the law sanctions. At the same time, the constitution is the fundamental law of the state, therefore, the legal effect of the constitution has not only the general, but also has the highest legal effect. The highest legal effect, its meaning includes:

The 1 constitution is the basis and foundation of making ordinary law.

2 common law shall not contravene the constitution.

The 3 constitution is all organizations or individuals, the basic standard of conduct.

Confirm that the constitution has the highest legal effect, is a bourgeois democratic revolution against feudalism the fruits of victory, but also a great historical progress, it marks the realization of bourgeois constitutional requirements to the principles of the rule of law as the core content of the. Today, the constitution has the highest legal effect has been recognized as a constitutional and legal country, many countries of the constitution have made special provisions.

Third, in the formulation and revision of the program is different from ordinary law.

This characteristic of the constitution is derived from the above two characteristics. In order to reflect the constitution of the authority of the constitution, maintain the stability and continuity, the formulation and revision of the constitution of most countries require a specific procedure is different from ordinary legislation. The formulation and revision of the constitution authority (the so-called constitutional right) is one of the highest state power, embodies the national sovereignty.

Today, in addition to some countries constitution and legislation does not distinguish, most countries in the world have the constitutional power and legislative power to be divided, and the Constitution and constitutional process provides a more rigorous program.

In the constitution, many countries have set up special constitutional institutions, and by the specialized agencies. These agencies include such as "the Convention", "constituent assembly", "constitution Drafting Committee '' institutions. China in 1954 the first "constitution" that is specially set up the constitution drafting committee responsible for drafting and passed by the National People's congress.

The revision of the constitution refers to the constitutional provisions are in force, the authorities, in accordance with legal procedures, to be revised or partially or.

In the constitutional law, amendments to the constitution are more strict than ordinary law modification. China's 1954 "constitution" stipulates: "the amendments to the Constitution adopted by the National People's Congress by a majority of all representatives of 2/3." In order to maintain the stability of constitution and if necessary, appropriate modifications of these two aspects, China's current "constitution" article sixty-fourth to modify the Constitution Constitution in 1954 is more clear than special procedure of concrete. According to the "constitution" stipulates: "the constitutional amendment, proposed by the representative of the Standing Committee of the National People's Congress or by more than 1/5 of the National People's Congress, and by the National People's Congress in the majority of the representatives of the 2/3 through." These Provisions, reflecting China's for the formulation and revision of the constitution of the cautious attitude.

The above characteristics of the constitution that the difference between it and the common law and its position in the national legal system, namely "the constitution is the fundamental law of the state".

Two. The constitution is the law of democracy

The Constitution and democracy are indivisible, constitution is the law of democracy, is produced as the bourgeois democracy and the.

The constitution is the product of bourgeois revolution. With the bourgeoisie in the anti feudal struggle to victory and grasp the state power, the bourgeoisie to battle achievements and facilitates their political system, national system by the fundamental law of the state in the form of confirmed, in order to consolidate its ruling status in the political, economic, and make the legal status. But the core of the political system, the national system of democracy. So, the constitution is the law of democracy.

The so-called democracy, refers to the people directly or through elected representatives to governance, rule. Lenin once pointed out: "democracy is a form of state, a state", "democracy is that the minority is subordinate to the majority of countries." Therefore, democracy is a state system, it belongs to the category of political superstructure.

With the emergence and development of the capitalist economy in the feudal society, the feudal political system has become the shackles of the further development of productive forces. In order to meet the need of against the feudal despotism, some bourgeois Enlightenment thinkers actively bourgeois revolution ideological mobilization, put forward the idea of "human rights". Bourgeois thinkers from the "natural rights" principle, the "people's sovereignty", "separation of powers", "rule of law" and other important theory. The organization and operation of the theory is the core of the state power must be carried out according to a democratic way of state power, in order to prevent the infringement of the rights of citizens.

Democracy from western bourgeois revolution is successful, has been generally recognized in the world. Divided from the theory, democracy is divided into direct democracy and indirect democracy, because the cost of direct democracy in modern society is too high, the world only a few countries in limited matters decided by direct democracy, indirect democracy (i.e., representative democracy) become the universal implementation of democracy form. Although there is no unified national democracy model, but includes some general principles. They include:

First, grasp the state power of decision makers most to be elected, and the appropriate term, the rules to ensure that people have the right to choose the power of the ruler, so that the people actually involved in the management of the state;

Second, in order to ensure as far as possible to process many people to participate in the public power in the party, the citizens the right to vote and the limit must be reasonable, in addition to reasonable restrictions on age and mental state, should not have other such as wealth wide, color, race, gender and other unreasonable restrictions;

Third, district population is roughly equal, as many people have the same representation in parliament;

Fourth, the freedom of citizens run for elective office, for a limited run is to prevent those who do not meet the conditions of the people;

Fifth, the freedom of political communication, so that individual citizens and officials, candidates need to interact with each other and dissemination of political information;

Freedom of association, sixth, so that people can be combined with each other, joint exercise of certain political rights.

Capitalist democracy, is formed on the seventeen eighth Century bourgeois revolution in the process of. The principle of democracy by the bourgeoisie to follow in the constitution, is what they put in against the feudal monarchy ruled in the struggle for freedom and equality, universal suffrage, separation of the three powers, the principle of the rule of law, especially the core asset class representative to become bourgeois democracy.

Socialist democracy must be confirmed and ensured by the socialist constitution, because under the socialist system, the principle of democracy is institutionalized, legalized, it became a national will, with characteristic must be executed, the whole nation is to strictly abide by, no matter what, and to break the socialist democratic system, are violations of the constitution, shall without exception be investigated.

The three constitution as well as the manifestation

The constitution refers to the adjustment of constitutional relation, has the legal effect of constitution. The constitution as a legal norm, and other legal norms are functionally identical, that is a kind of social relation adjustment. The adjustment of constitutional norms of social relations called constitutional relation. The relationship between the constitution, is the national organs between state organs and citizens of social relations, it is the most basic, the most important social relationship of a country. The constitution based on the constitution relationship adjustment, can have a decisive influence on national life and social life. The constitution is the basic position in all legal norms, other laws and regulations should be based on the constitutional norms, and restricted by it. Characteristics of the constitutional norm is:

First of all, the constitution is the highest law;

Secondly, the constitution of inclusive and broad;

Finally, the sanctions of constitutional norms with special form.

Forms of constitutional norms include the following contents:

The 1 constitution

Constitution is a written constitution the constitution norm mainly origin. The vast majority of the world's countries have a written constitution, the Constitution in the form of constitution laid down, this is the most basic form of the specification.

The 2 constitutional law

Constitutional law is generally refers to a stored in the constitution, but in form does not have the highest legal effect and the strict formulation and revision procedure law.

In addition, in a written constitution state, often also promulgated some constitutional law, as a supplement of the constitution, the constitutional law although unlike constitution that extensive contents, some involving only one or several aspects of the problem, but it is an extension of the basic principles of the constitution of the specific and. In China, the organic law on national institutions and law relates to the constitutional rights of citizens, is generally regarded as the constitutional law.

The 3 Constitutional Convention

Conventions of constitution is defined as the formation of the national political life in long-term, relates to the fundamental problem of the country, adjust the basic social relations, social universal recognition and follow, the continuity and stability of custom and tradition. Although not required, but the constitutional convention in general will not be damaged. In the constitutional law, constitutional convention is also exists and the essential. This is because of the provisions of the constitution of the comparison principle and generalization, and generally cannot be changed from time to time, and when these principles and general clauses and the change in the complex political life, we need to adjust the constitutional convention. Can say, the constitutional convention is one of the methods to make the constitution has the adaptability. In our country, CPPCC plenary meeting held before the first session of the National People's Congress, the CPPCC members to attend the meeting of the National People's Congress, also has formed the practice.

The 4 constitution interpretation

The so-called constitutional interpretation, means that has legal effectiveness made by legal authorities to the constitution content, meaning and scope of application. Constitutional interpretation is a form of legal interpretation, a is the constitution origin.

The constitution may have different understanding of it, in the implementation process, therefore, requires legal authorities to explain the problems, which for the uniform implementation of the constitution, the constitutional basic law is essential.

The power to interpret the constitution which belongs to the authorities, they are not the same, can be divided into three types.

The first form is the interpretation of the Constitution by the parliament. In our country, the power to interpret the constitution belongs to the National People's Congress Standing committee. "The constitution" the provisions of article sixty-seventh, the NPC Standing Committee has the right "to interpret the constitution, supervise the enforcement of the constitution". So, our interpretation of the constitution is the highest organ of state power by standing authority to exercise, and the Standing Committee of National People's Congress power to interpret the constitution implementation and supervision of power is together. Explain the NPC Standing Committee on the Constitution also has the highest legal effect.

The second form is by the courts to interpret the constitution. The implementation of this system is based on the "separation of the three powers" theory. The court explained system first implemented in USA.

The third form is by a specific authority to interpret the constitution. In some countries, the provisions of the constitution, the power to interpret the constitution belonging to a specific institution. These agencies include the constitutional court, constitutional council.  The 5 constitutional case

In the implementation of case law, according to the principle of "stare decisis", the court's constitutional cases, especially in the two court case, has the role of norms for the lower court.

Four, constitutional role

The effects can be embodied in many aspects, such as:

1. The Constitution for the organization and norms of state power function

The constitution of the state power and norms embodied in the following two aspects:

First of all, to confirm the power of the state ownership, to confirm the status of social various political forces in the country.

Secondly, according to the main form and operation mechanism of its historical and realistic conditions established in the exercise of state power, provides the basic principle which should follow, in order to maintain the ruling order of the country in the world, there are two main types of confirmation by the constitution of state power operation mode: one is the separation of powers and checks and balances based on the principle of "separation of the three powers" system, the other is a democratic centralism as the foundation of the people's Congress system.

The confirmation of our constitution nature of the state, the principle of democratic centralism is the people's Congress system and the provisions of national institutions, are the important provisions of China characteristics suitable for the situation of our country.

2. Effect of the constitution to protect the basic rights of citizens

If the organization and norms of state power is the primary function of the constitution, then, the main function of the protection of civil rights is the constitution. Early in the constitution, constitutional text is in the form of a declaration of rights. All the countries in the world are the basic rights and freedoms that citizen as an important part of the constitution. In history, some countries to protect the rights of the people of the file as the preamble of the constitution. The constitution of our country from the state of nature of people's democratic dictatorship, the spirit of developing socialist democracy and constant spirit, basic rights and duties of citizens made clear practical, seek truth from facts. In these Provisions: it reflects the status of citizens in the country: the establishment of the criterion for the relationship between citizens and the state and citizen interaction. The basic rights and freedom of citizens once violated, they can resort to judicial departments shall award.

In our country, the constitutional rights of citizens of the security is mainly based on the common law to achieve. Therefore, the basic constitutional rights as the basis, to formulate relevant laws, it is a necessary condition for protection of the constitutional rights of citizens.

3. The role of constitutional rule of law

1999 "amendment", China's implementation of the rule of law, building a socialist country ruled by law. The core of the rule of law is the rule of constitution, it requires the constitution plays a key role in the construction of rule of law. This role is mainly reflected in the following aspects:

First of all, the Constitution ensures the legislative power of the state run according to constitutional requirements. Constitutionalism is the rule of constitution politics, it is to regulate the state power and the protection of human rights is the basic value pursuit. Therefore, the legislative power of the state must be based on the norms of state power and the protection of civil rights as the basic criterion of the operation, in order to realize the rule of good law. On the other hand, with the development of society, need to use the law to adjust social relations not only more and more, and more complex. Therefore, in the process of law, to ensure the unity of the legal system will have any problems. The legislation contradiction, even overthrow oneself, will allow law enforcement to not know what course to take effect, the role of law. The constitution to ensure the harmony and unity of the legal system legal system's main function is to, it provides the highest standards for approval of laws, regulations and normative documents, provide the basis for the coordinated development of legal system construction.

Secondly, the legal system has laid the foundation for the. The constitution is the core part of the law system of a country, is the basic law in legislative work, is to formulate a general legal basis. The Constitution not only provides the basic principles for the legislation and the daily, legislative authority and procedures are also made clear. Therefore, no constitution will not have the completion of legal system, and also can not meet the needs of social development.

4. The role of Constitutional Economics

The role of constitutional economics, can be expressed as positive, can also be expressed as negative obstacle. The key is that it can correctly reflect the objective economic regulation, economic base is protected by it to adapt to the requirements of the development of productivity.

Our constitution is based on public ownership of the means of production, is to serve the socialist economic basis, it not only for our country's economic system has played a constructive role, confirm our current economic system, but also provides a series of policies for the development of the national economy, and provides direction and the principle for the reform of the economic structure, promoting the development of economic system reform.

5. The constitution to safeguard national unity

In relation to the country's prosperity and strong national unity. Effect of China's constitution in the maintenance of national unity for the main performance:

First of all, it is confirmed that China is a unitary state structural. Regional autonomy is practiced in areas inhabited by ethnic minorities in China, but all national autonomous areas are the people's Republic of China can not be separated parts.

Secondly, in order to solve the legacy of history, Hongkong, Macao and Taiwan's return to the motherland, the provisions of the constitution of the "one country two systems" principle.

The Constitution in addition to the above effect, on the external side, which embodies the national sovereignty, a symbol of national independence. Provisions on international affairs in the constitution, with the country's political stand and the consequent policy, policy. The relevant provisions of our constitution, and is conducive to safeguarding world peace and promoting the development of the cause of human progress, the reform and opening up the situation, but also conducive to the international exchange and cooperation, promote the cause of socialist modernization construction of our country continues to advance.

The main content and main ways of supervision, the constitution of five

Supervise the implementation of the constitution consists of the following three aspects:

First, the review of constitutionality of laws, regulations and normative legal documents.

According to the constitution, all state organs shall not be contrary to the constitution act. If the other laws and regulations with the constitution deviates from, and play a role in the society, the implementation and the constitution will damage the constitutional authority, and harm the fundamental interests of society and the state. So the supervision laws, regulations and other normative legal documents not contravene the constitution is an important content of supervising the implementation of constitution. Our Constitution also made specific provisions, the National People's Congress has the power to alter or decided to cancel the Standing Committee of National People's Congress is not appropriate; the National People's Congress and its Standing Committee have the right to cancel the formulated by the State Council with the constitution, the law of the administrative regulations, decisions and orders.

Second, the review of constitutionality of state organs and their staff behavior.

The Constitution provides for the organs of state power, its duties, coordinate together to achieve the functions of the state. So, the constitutionality of state organs and their staff must ensure that their behavior, or breach of privilege shall not exceed. Supervise the implementation of the constitution that include this content. Specifically: Supervision of state organs and their staff is according to the Constitution Act, whether there is ultra vires acts of serious or dereliction of duty, whether there are violations of the fundamental rights of citizens, you have permission to unclear or controversial case between the state organs. If the above circumstances, supervising the implementation of constitution authority shall punish or correct.

Third, the review of constitutionality of political parties, social organizations and other behavior.

Political parties and social organizations in modern society is located between the citizen and the state of social organization, in the exercise of it in various ways to directly or indirectly involved in the state power. So, they should also become the object of constitutional supervision. In our country, the existing constitution, political parties and social organizations must take the constitution as the basic standard of conduct; political parties and social organizations must abide by the Constitution and the law. So, including the Communist Party of China Chinese each political party must become the objects of supervision of constitution implementation.

The implementation of the constitution supervision and mode can be summed up as follows:

First, review in advance, also called preventive review. In the law, and regulations formulation process, by the specialized agencies for review by the review, approval, implementation, can be issued. For example, according to the provisions of the French constitution, Parliament the organization law, regulations, before its entry into force, shall be submitted to the Commission to review the constitutionality; other laws in compliance with the statutory conditions can also be in effect by the Constitutional Council on its constitutionality review. 

Second, after the examination. The law, regulations have been effective in execution or application process, because the constitutionality of the doubt and review. To the competent authority for review period, publication of award etc., countries have clearly defined. Most countries in the world have adopted after the examination system.

Third, the incidental review, also called to examine specific review or case. The judicial organs in the trial of specific cases, the laws and regulations, the applicable is unconstitutional review. The incidental review is not to dispute that the premise of the active review abstract review the corresponding. Constitutional review USA are incidental review, the court in the trial of cases to make a ruling on the law. If the law unconstitutional. The court decision of the case can not be applied to the constitutional court.

Fourth, constitutional complaint. Refers to the citizen's constitutional rights had been violated, a system of supervision organs shall have the authority to the implementation of the constitution. Germany, Austria, Spain, are the implementation of the system. In Germany, the complaint is not influenced by the specific consequences are there limits, is not affected by whether relates to my rights restrictions, as long as a law violates the security of basic civil rights can be put forward. While in Austria, the constitutional court only accepts basic rights are violated personal appeals. The Constitutional Court of Spain not only accepted the citizen in the violation of the constitution rights complaints, but also can appeal the rude behavior of officials violated the constitutional rights of citizens of the.

 

The emergence and development of the second chapter of the Constitution

One, modern constitution produce conditions

The bourgeois constitutions is not accidental, but have profound social and economic, political and ideological conditions.

1 modern bourgeois constitution is the inevitable result of the development of capitalist commodity economy, the commodity economy is the economic conditions of the constitution.

In the slave society and feudal society period, state power and social resources are highly concentrated in the monarch as the representative of the rulers, the rulers and peasant slave society does not have the state power and social economic resources. Must produce serious personal attachment to the rulers. So, based on the independent personality, flat, raise the freedom on the basis of the constitution could not produce.

In the end of feudal society, capitalist mode of production gradually replaced the feudal mode of production. The bourgeoisie to the rapid development of capitalist economy, urgently demand an end to all feudal fetters, the establishment of free competition and equal exchange of capitalist relations of production. Requirements of this economic form of human people must become an independent personality, and can be free to occupy the property, free labor, free to production, exchange and competition. This request reflected in the law, is to the government and government power by law, to prevent the power overbearing and provide the guarantee for equal rights and freedom of citizens, which provide impetus to economic formation formation of constitution and constitutional system.

The establishment of 2 bourgeois revolution and the victory of the bourgeois democracy system is the bourgeois constitution produce political conditions.

The bourgeois constitution is produced in the process of destroying the feudal autocratic system, establishment of capitalist democratic system in the. In order to get rid of the feudal autocratic oppression and bondage, the emerging bourgeoisie against feudalism, constantly set off to fight for democracy, freedom and equality. In order to consolidate the bourgeois revolution victory, to prevent the restoration of the feudal forces, and promote the development of capitalist economy, bourgeois and fundamental law of the state in the form of confirmation and consolidate capitalist democracy. In order to equality and freedom as the basis, the representative, electoral system, party system as the main content of the modern democratic politics as the Constitution provides the political condition.

3 to the "natural rights", "people's sovereignty", "separation of the three powers" and "rule of law" as the content of the bourgeois enlightenment is the modern constitution theory conditions.

The constitutional practice subject to constitutional theory as the antecedent. Before the bourgeois revolution and the bourgeoisie, advanced thinkers have become an author, puts forward that a series of democracy, freedom, rationality of democracy instead of autocracy, the civil rights to human rights, to replace the monarchical power instead of theocracy, with free instead of slavery, to replace the privilege, as the bourgeois revolution to create public opinion. Among them, the representative is 17, the eighteenth Century bourgeois scholars such as Rock of Britain, France's Montesquieu and Rousseau's "natural rights", "people's sovereignty", "separation of the three powers", "rule of law", free, democracy and human rights, constitutional theory. These theories reflect the interests and demands of the emerging bourgeoisie, become an important ideological and theoretical weapon bourgeoisie against feudalism, to mobilize the broad masses of the people against the feudal autocratic system, promote the bourgeois revolution, has an indelible historical role in promoting the development of capitalism. After the bourgeois revolution, they become bourgeois formulation, implementation of the constitution, the important theory basis of OECD countries.

Number 4's legal department, division of legal forms and the various legal departments at a higher level is the legal condition of the constitution.

Before the emergence of capitalist society, because of the low level of productivity, small population, scope of activities is narrow and small, simple human relations in society, so do not need a large number of legal norms and complex and numerous legal departments to adjust. But with the development of history, the new capitalist relations of production that break through the framework of original nature economy, specialized, socialized production to promote widespread and popular commodity exchange, the relations of the civil law in terms of the entire legal system in an increasingly prominent position, the original to the criminal law, which was the combination of legal expression the form cannot meet the actual need, various departments separation independent, self-contained is represent the general trend. On the other hand, division of legal departments and easy to lead to conflict among departments of law, is not conducive to the unity of legal system, hence the need for a fundamental law of higher level control departments, the departments of a country's method to form an organic whole. Provided the necessity and possibility of this form legal expression for formation of constitution.

Main contents of the two, the 1954 Constitution and basic principles

1 main contents

The 1954 Constitution is composed of the preface, master, national institutions, basic civil rights and obligations, the national flag, national emblem, the capital composition, a total of 106. It is formulated in the "common program" based on the "common program", the state system, social system and the basic principles of the basic policy practice proved to be correct, the constitution to be retained, and further enrich and perfect the. At the same time, the constitution of 1954 is the development of "common program". Its content mainly includes:

(1) the provisions of China's social system and national system. It is confirmed that China is "led by the working class and based on the worker peasant alliance, a people's democratic state" nature of the country, the "common program" provisions of the national property development; it provides our country adopts the form of unitary state structure; confirmed by the state in four kinds of means of production transition period of all system form.

(2) affirmed "the basic national political system under the common programme", namely the implementation of democratic centralism of the people's Congress system, and according to the experience of political power construction of the people's Congress system and since the founding of new China, China national institutions were established, provisions of the democratic centralism principle in activities of institutions, regulations the basic system of regional ethnic autonomy in the unitary state structure.

(3) the basic rights and obligations of the citizens made more perfect regulations and specific, carry out the people's democracy, at the same time, the expanding material security measures, reflects national, social interests with the interests of individual citizens.

2 basic principles

The basic principles of the Constitution in 1954 confirmed by including the people's democratic principles and the principle of socialism.

(1) the people's democratic principles. The provisions of the constitution of our country basic political system, set up a national institutions and the relationship between rights and obligations, the provisions concerning citizens, reflects the socialism democracy. This kind of democracy is not bourgeois democracy, but the people's democracy, the proletariat leading, and based on the worker peasant alliance of democracy.

(2) the socialist principles. The Constitution clearly stipulates the basic task of the nation is the socialist industrialization and socialist transformation, guarantee the establishment of socialism gradually eliminate the system of exploitation, and "the road to peace, the elimination of exploitation and poverty into prosperity, happiness of the socialist society". This is clearly established our country socialism and socialist orientation.

In addition, the constitution of 1954 in the implementation of the basic principles and at the same time, also reflects the characteristics of the combination of principle and flexibility.

Three, the constitution of 1982 and revised several times

The 1982 constitution is composed of the preface, general principles, basic rights and duties of citizen, national flag, national emblem and the capital mechanism, composition, a total of 138. It has inherited and developed the basic principles of the constitution of 1954, provided the fundamental task and basic system of the state. Its formulation and implementation, symbolized the foundation of China's socialist system has been further consolidated and improved, marking China's socialist democracy and legal system construction has entered a new stage of development. The 1982 constitution is a complete socialist constitution, is also a China characteristics of the constitution.

After the implementation of the constitution, the deepening of China's reform and opening up, the socialist modernization construction has made great achievements, great changes have taken place in China's political, economic, cultural and other fields, there are obviously not suited to the situation some regulations and the social practice of the constitution, in order to adapt to the new situation and Chinese socialist to the National People's Congress, according to the constitution constitution revision procedure, the constitution of 1982 was four times the corresponding amendments and supplements.

1.1988 years in April 12th seventh session of National People's Congress, the first session of the two amendment to the constitution, its content is:

First, the fourth paragraph tenth amend, delete the provisions shall not lease land, increase the provisions of "land use rights can be transferred according to law".

Second, be revised to eleventh, confirm the legal status of private economy, namely "the state permits the private economy to exist and develop within the limits prescribed by law.

　2.1993 years in March eighth session of National People's Congress, the first session of the 9 amendment to the constitution, which includes:

First, the "China is in the primary stage of socialism", "building a China socialism theory", "adhere to the reform and opening up" written into the preamble to the constitution, will be "highly civilized, highly democratic, prosperous, democratic, changed to", civilization". This confirms that the theory of building socialism with Chinese characteristics of the guiding position, in comparison, the first complete expression of the party's basic line.

Second, the provisions of multi-party cooperation, political consultation system, regulations "amendment to the constitution of multi-party cooperation and political consultation system under the leadership of the Communist Party of China will exist and development" for the long-term, promoting socialist democracy and consolidate and develop the patriotic united front has important significance.

Third, will the household contract responsibility system as a basic form of the rural collective economic organizations confirmed. This is conducive to the long-term stability of rural policy.

Fourth, confirm the socialist market economy as the basic economic system of the country. The provisions of "socialist market economy countries". "The state strengthens economic legislation, improves macro regulation and control".

Fifth, the adjustment of local people's Congress prescribed term, "province, municipality directly under the central government, city, county, city, District People's Congress is elected for a term of 5 years. The township, nationality township, Town People's Congress is elected for a term of 3 years."

3.1999 years in March, the ninth session of the National People's Congress passed the second meeting of the 6 amendment, its content is:

First, the Deng Xiaoping theory written into the constitution, Deng Xiaoping theory established in the state's guiding ideology status. Constitution of the seventh preambular paragraph "China people will continue in the China under the leadership of the Communist Party, in the Marx Lenin doctrine, Mao Zedong Thought guidance......" A word to the people of all ethnic groups "Chinese will continue in the China under the leadership of the Communist Party, in the guidance of Marx Lenin doctrine, Mao Zedong thought, Deng Xiaoping theory......" This amendment, the Deng Xiaoping Theory and Marx Lenin, Mao Zedong Thought as the guiding ideology of the constitution, as Deng Xiaoping Theory in the state's guiding ideology status provides the constitutional basis and guarantee, Deng Xiaoping theory to guide the people of the whole country.

Second, "China is in the primary stage of socialism" is amended as: "China will stay in the primary stage of socialism". China is in the primary stage of socialism, is the party since the Third Plenary Session of the eleven, we summarize the historical experience of the party construction of socialism correctly analyzed the situation that the scientific judgment, is the basis of Deng Xiaoping Theory and the important part of the party and the state, we establish line, principles, policies and the basic point of.

Third, increase a paragraph in the "constitution" of the fifth, namely, "the people's Republic of China to implement the rule of law, building a socialist country ruled by law." The rule of law, building a socialist country under the rule of law, is an important part of Deng Xiaoping theory, is the basic policy that the party leads the people in running the country, is the symbol of social civilization and progress, is an important guarantee for national long period of stability.

Fourth, the basic economic system and distribution system for the primary stage of socialism in China, the constitutional amendment stipulates: "the state 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." This amendment, the constitution is more practical in the primary stage of socialism.

Fifth, about the household contract management as the basis, the double management system, amendments to the "constitution" article eighth "in the first paragraph of the rural household contract responsibility system as" is amended as: "the rural collective economic organizations in the implementation of the household contract management as the basis, the double management system." The household contract responsibility system mainly written constitution, the positive effect on the stability of the household contract responsibility system.

Sixth, about the individual economy, private economy and non-public economy, amendment stipulates: "in the range of the individual economy, private economy of non-public ownership economy law, is an important component part of the socialist market economy." The provisions of the constitution amendment is the correct decision to constitution party. At the same time the amendment of the Constitution also stipulates: "the state protects the lawful rights and interests of the individual economy, private economy. The state of the individual economy, private economy to implement the guidance, supervision and management." This amendment, to further clarify the position and role of individual economy, private economy and other non-public sectors of the economy in the market economy in our country, will effectively promote the healthy development of the individual economy, private economy and other non-public sectors of the economy.

Seventh, the "counter revolutionary activities" is amended as "the crime of endangering national security activities". It is considered that our country has entered the construction period from the revolution, from a legal point of view, the subversion of state power, and overthrow the socialist system and other hazards of the people's Republic of China criminal acts, provisions for criminal activities endangering State security, more appropriate. The new criminal law passed in 1997 has been the "counter revolutionary crime" is amended as "the crime of endangering national security". The constitution will "counter revolutionary activities" is amended as "criminal activities endangering State security", has a positive significance to promote the implementation of criminal law.

4.2004 years in March tenth session of the National People's Congress passed the second meeting of the 14 amendment to the constitution, the main contents include:

First, the establishment of the "Three Represents" important thought guiding status in the country's political and social life. Amendment to the constitution of the seventh paragraph of the preamble "in Marx Lenin, Mao Zedong thought, Deng Xiaoping Theory" is amended as "Marx Lenin" in the guidelines, Mao Zedong thought, Deng Xiaoping Theory and the important thought of Three Represents' ", and" along the construction of socialism with Chinese characteristics of the Road "is amended as" road along the socialist construction Chinese characteristics".

Second, to increase the material civilization, political civilization and spiritual civilization coordinated development content. After the amendment of the Constitution in the seventh paragraph of the preamble "gradually realize the industry, agriculture, national defense and the modernization of science and technology", "promote the increase of material civilization, political civilization and spiritual civilization coordinated development" content.

Third, increase the builders of the socialist cause of the United Front in the expression. A constitutional amendment to increase the "builders of the socialist cause in the constitution of the United Front in the formulation of". The United Front "workers", including "builders" and two "Patriot", a layer of more than one layer more widely, the builders of the socialist cause includes all socialist laborers and appear in the social transformation in the new social strata.

Fourth, improve the land requisition system. A constitutional amendment would "constitution" article thirteenth paragraph third "countries in need of public interest, may requisition land for its use in accordance with the law." Is amended as: "the state in the public interest needs, can expropriate the land in accordance with the law, and pay compensation."

Fifth, to further clarify the state of development of non-public economic policy. Amendment to the constitution of the second paragraph of the "constitution" article l modified as "the state protects the lawful rights and interests of individual economy, private economy and other non-public sectors of the economy. The State shall encourage, support and guide the development of non-public economy, and the non-public sectors of the economy in accordance with the law, supervise and management."

Sixth, perfect the regulations on the protection of private property. A constitutional amendment would "constitution" of thirteenth shall be modified as "the lawful private property of citizens are not violated." "The state protects by law the right of citizens to private property and inheritance." "Countries in need of public interest, can be imposed on the private property of citizens or expropriation and compensation in accordance with the law."

Seventh, establish a sound social security system to increase the provisions of. Social security is directly related to the vital interests of the masses. Amendment to the Constitution in the "constitution" of fourteenth in one paragraph is added as the fourth paragraph: "the state, establish and improve the level of economic development of the social security system."

Eighth, increase the respect and protection of human rights provisions. Amendment to the Constitution in the constitution of the second chapter "the fundamental rights and duties of citizens" in the "constitution" of first or thirty-third in one paragraph is added as the third paragraph:, "the state respects and safeguards human rights." To respect and guarantee human rights declaration in the constitution, embodies the essential requirement of the socialist system.

Ninth, perfect the regulations of the National People's Congress. Amendment to the Constitution in the "constitution" the first paragraph of article fifty-ninth about the provisions of the National People's Congress is composed of "Special Administrative Region" increase, this paragraph of "the National People's Congress is composed of Deputies of province, autonomous region, municipality directly under the central government, Special Administrative Region and the military elected. On behalf of all the minority nationalities are entitled to appropriate."

Tenth, the provisions concerning emergency. A constitutional amendment would "constitution" stipulates that the sixty-seventh NPC Standing Committee's authority twentieth "decision of the national or individual provinces, autonomous region, municipality directly under the central government, martial law" is amended as "decision of the national or individual provinces, autonomous region, municipality directly under the central government in a state of emergency", and accordingly the "constitution" stipulates that the eightieth Chinese people the president of the Republic of the NPC Standing Committee decided to "proclaim the order of martial law" is amended as "announced in state of emergency"; the "constitution" the provisions of article eighty-ninth of the sixteen functions and powers of the state Council "decides Province, autonomous region, municipality directly under the central government, the imposition of martial law in parts" is amended as "in accordance with the law of province, autonomous decision regions and municipalities, in some areas in into the state of emergency".

Eleventh, the provisions about the president authority. A constitutional amendment would "constitution" article eighty-first the people's Republic of China, a representative of the people's Republic of China, receiving foreign envoys "is amended as" President of the people's Republic of China on behalf of the people's Republic of China, state activities, receiving foreign envoys."  

Twelfth, modify the provisions of the township regime term. Amendment to the constitution of the township, the town people's Congress of the term from 3 years to 5 years, all levels of National People's Congress tenure, facilitates coordination at all levels of economic and social development planning, planning and personnel arrangements.

Thirteenth, increase the provisions of the national anthem. A constitutional amendment to constitution of the fourth chapter "the national flag, national emblem, the capital" is amended as "flag, national anthem, the national emblem, the capital"; one paragraph is added in this chapter 136th, as the second paragraph: "the National Anthem of the people's Republic of China is the" March of the volunteers "."

The third chapter state nature

The main show, our people's democratic current

The democracy of people in our country mainly manifested in the following aspects:

1 the national power of our country is represented by the working class, the people and based on the worker peasant alliance all. Including the cause of socialist working class, peasant class, intellectuals and other builders people here, all patriots who support socialism and all patriots who support the reunification of the motherland, the people, they all belong to the scope of;

2 people directly or indirectly elected by the National People's Congress and local people's congresses to exercise management national democratic rights; the right to vote and to be elected is one of the most important democratic rights of the masses of our:

3 people in accordance with the provisions of the law, through various channels and in various forms, management of state affairs, manage economic and cultural undertakings, the management of social affairs;

4 through the establishment of the residents committees and villagers' committee of the grass-roots mass self-government woven form in the city and countryside to expand socialist democracy;

5 Chinese people also enjoy their rights and freedoms in the country's political, economic and cultural life, the freedom and rights in accordance with the law shall not be deprived of non.

Common features of the two, the people's democratic dictatorship and the dictatorship of the proletariat  

1 from the leadership, the people's democratic dictatorship and the dictatorship of the proletariat, they are led by the working class of the state power, the leadership of the working class marks a fundamental property of the proletarian state power. Marx thought that the proletariat to command the national leadership, independent implementation of leading of the state power, this is the first condition of the dictatorship of the proletariat, the leadership of the proletariat of the state power is through its party -- the Communist Party to achieve. In China, the Communist Party of Chinese is the people's democratic dictatorship of the regime's actual organizer and leader.  

2 from the class basis, our people's democratic dictatorship and the dictatorship of the proletariat, they are all based on the worker peasant alliance of state power. The highest principle of the people's democratic dictatorship is to maintain the alliance with the peasants, the proletariat can ensure the leadership and control of state power. The alliance of workers and peasants is the dictatorship of the proletariat power, but also the fundamental guarantee we all achievements and final victory, consolidate and develop the alliance of workers and peasants of our party and the country in formulating policies of the starting point and the foothold.  

3 from the state functions, our people's democratic dictatorship and the dictatorship of the proletariat, in the implementation of internal: national, external function is the same. Functions in the internal, they are to consolidate and tube show the working class people's Democratic leadership, to suppress all hostile classes and forces of resistance, and concentrate on economic construction, the prosperity of socialist economic and cultural undertakings, and gradually improve the people's material and cultural life level; in the external function, they plays to defend the country against foreign invasion, and the maintenance of world peace, develop friendly relations and cooperation among countries in the task.

4 from the historic mission of view, China's people's democratic dictatorship and the dictatorship of the proletariat, is to vigorously develop social productive forces, and on this basis, gradually eliminate private ownership, to eliminate all class distinctions at the same time, there is no class, No Communist countries.

Three, the nature of the state provisions for "causes the people's democratic dictatorship" of the country

1 the people's democratic dictatorship reflect the characteristics of our country's regime construction, suitable for China's national conditions.

We know, Chinese socialist revolution occurred in the 1.5 colonial and semi feudal society, and not in a highly developed productive forces of the capitalist society, which determines that it must have the characteristics different from the general of the dictatorship of the proletariat. China's 1949 "common program", and the 1954 Constitution has confirmed the nature of our government is the people's democratic dictatorship, which is entirely correct. However, during the "Cultural Revolution" ten years of chaos, period, because of the "left '' wrong ideas spread. A serious distort our people's democratic dictatorship of the phenomenon, especially our country constitution of 1975 had mistakenly provisions "the proletariat must in the superstructure including various cultural fields to exercise all-round dictatorship over the bourgeoisie". Until 1978 eleven of the Third Plenary Session bring order out of chaos, reform from the bottom, we returned to the people's democratic dictatorship of the formulation.

2. The people's democratic dictatorship formulation show exactly what our class status, the current regime on the basis and nature of democracy.

In 1982 the Chinese Constitution determine the nature of our country is a people's democratic dictatorship, this is not the simple recovery 1954 Constitution formulation, because our class relations and the political composition etc. at present it already contains a lot of new content, and in 1954 compared with a significant difference at. The class structure in China has changed significantly, the social foundation of the people's democratic dictatorship is stronger and stronger.

(1) from the development and change of class relations, first of all is the growing strength of the working class, their position has changed. The working class is no longer the proletariat, as the leading class of the state, their role in the political life of the country further enhanced. The second is the majority of farmers after the socialist transformation, they have evolved from individual farmers into the alliance of workers and peasants, collective farmers, further development. The third is a fundamental change of intellectuals since the founding of new China, after long-term exercise and test, Chinese intellectuals have become part of the working class, they have and the vast majority of workers, farmers have become the three basic forces in our socialist construction. Fourth is the new appearing in the social changes of the builders of socialism and patriots who support socialism and who support the reunification of the motherland has become an important part of the patriotic united front in china. Finally, the exploiting class as a class have been abolished in our country, the original members of these classes have been transformed into support oneself most workers, the dictatorship of the object and fewer people, further expanding the scope of the present stage, China CPC led multi-party cooperation and political consultation and the patriotic united front and further development, it is a reflection of the people's democratic dictatorship of the basis and nature of democracy.

(2) the burden from our people's democratic dictatorship of the task has changed. The people's democratic dictatorship of China's role has been realized by the founding of the new democracy to socialism transition, change as the main is to safeguard the socialist system, organization and leadership of the socialist economic construction and cultural construction task. Class struggle is not a principal contradiction in our society in the future, "the basic task of the nation is, along China characteristic socialist road, to concentrate its efforts on socialist modernization". And "constantly improve the system of socialism, the development of the socialist market economy, the development of socialist freeman. Improve the socialist legal system." "The progressive realization of industrial, agriculture, national defense and science and technology modernization, promote the material civilization, political civilization and spiritual civilization coordinated development, to build China into a prosperous, democratic. Civilized socialist country." At the same time, the people's democratic dictatorship in China also undertakes development among countries with diplomatic relations and economic exchange task, should contribute to maintain world peace and promote the cause of human progress.

(3) the use of the people's democratic dictatorship formulation can more directly reflect the two aspects of people's democracy and dictatorship, can more clearly, more show exactly what the nature of our regime, in order to prevent it from being misunderstood and misrepresented. The dictatorship of the proletariat is a scientific concept of complete, including democracy and the implementation of two aspects of the proletarian dictatorship over the bourgeoisie. But because of this formulation on the surface only "dictatorship" without democracy, so in practice often not easy to understand the real content and meaning of it all; especially it there may be some people who have an ulterior motive to distort and abuse. During the "Cultural Revolution", Lin Biao, the "Gang of four" a group under the guise of "the dictatorship of the proletariat" name to the cadres and the masses has become one of the most profound lesson. We now the restoration of the people's democratic dictatorship was, that the nature of our regime is both democracy and dictatorship of the people's government, which is obviously the broad masses of the people most easily understood and most easily accepted by the scientific method. As a state system, democracy and dictatorship are inseparable, complement each other, only the dictatorship not democracy not only democratic dictatorship, not speaking. With the development of democracy, dictatorship is powerful; the more powerful democratic dictatorship, is more secure. We must be clearly aware of: the people's democratic dictatorship is the combination of democracy and dictatorship to hostile to the people, democracy and dictatorship are inseparable and indispensable.

Four, the united front and the concept of organizational form

1 the concept of United front.

The United Front is the proletariat and its party in the process of revolution and construction, in order to obtain the most widely allies to increase their strength and composed with other classes as well as the crowd all can be united political alliance. The working class is China's United Front (the Communist Party) for the leadership, and based on the worker peasant alliance includes all can be united under the different historical condition forces broad political alliance.

The United Front has different forms and contents in different historical periods. The United Front is at this stage in the party and the country's focus shifted to economic construction as the center, after the reform and opening up, so called "the patriotic united front". "The patriotic united front" in the Chinese under the leadership of the Communist Party, the democratic parties and people's organizations, including all socialist laborers, the builders of the socialist cause, patriots supporting socialism and who support the reunification of the motherland and political alliance, is one of the important content of our people's democratic dictatorship. The people's democratic dictatorship in China include not only the working class and the peasant class alliance, but also including the working class and all other patriots alliance.

Whether it is in the period of new democratic revolution or in the period of socialist revolution and construction, our country has been the existence of these two alliances. The first alliance, namely the working class, the peasant class, intellectuals and the socialist cause builders alliance. The alliance between all socialist laborers Union, is based on socialist based on consistency of alliance, it is the main body of the united front and the foundation of the new period, the people's democratic dictatorship is the main force. Second alliance, namely the working class and all other builders of the socialist cause as well as the Patriots alliance. The alliance in different historical periods had different changes.

The 2 united front organization form

Chinese people's Political Consultative Conference is a patriotic united front organization China people, is the leadership of the Communist Party of Chinese, an important mechanism to realize the democratic parties and patriotic democratic personages of political consultation. According to the "Chinese people's Political Consultative Conference charter" (hereinafter referred to as the "Regulations" provisions of the Chinese people's Political Consultative Conference), the CPPCC is Chinese in Chinese people under the leadership of the Communist Party of the United Front organization. By their nature, it is not a state agency, also do not belong to the government system, but it is the same state organs and has a very close contact. According to the provisions of the articles of association of the Chinese people's Political Consultative Conference "", China people's Political Consultative Conference National Committee consists of China Communist Party, the democratic parties, personages without party affiliation, people's organizations, ethnic minorities and representatives of various circles, compatriots in Hongkong Special Administrative Region, Macao special administrative region, the Taiwan compatriots, compatriots of Returned Overseas Chinese delegates and specially invited professionals. CPPCC local committees composed decided according to national committee.

The main functions of China people's Political Consultative Conference is the political consultation, democratic supervision and participation in politics. The Chinese people's Political Consultative Conference Organization activities mainly by attending meetings, inspections, investigations and proposals organization form plays its role in political consultation, democratic supervision and participation in politics function.

Chinese people's Political Consultative Conference National Committee and local committees. The committee is elected for a term of 5 years, in case of extraordinary circumstances, by the Standing Committee to all members of the 2 / 3 majority, to extend the term; plenary session of the National Committee of the CPPCC held once a year, the Standing Committee deems it necessary to temporary convened. Province, autonomous region, municipality directly under the central government. China people's Political Consultative Conference of the province, autonomous region, municipality directly under the Central Committee; Autonomous Prefecture, located in the city district, county, Autonomous County, city not divided into districts and municipal districts, where there is a condition, can not stand China people's Political Consultative Conference of the place the committee. National Committee on the relationship between the local committee and local committees on the relationship between the local council level is a mentoring relationship, rather than leadership. But the local committee of the National Committee of the resolution, the resolution of the whole area of the local committee of the Council, have the obligation to observe and carry out.

Five, political parties and Party System

Political parties and political party system is a very important part of political life in the modern state. The emergence of political parties and is a common political phenomenon in the modern world. Political parties and political party system and the modern society's electoral system, the parliamentary system is not to be an organic whole segmentation, correlation. Today's world, most countries without exception have the political party, the implementation of Party politics. Whether capitalist or socialist countries, has a significant impact on a country's political parties are the democratic life and the political and legal system.

The 1 party, which is composed of the elite class, a class or group, and to reflect or realize its political and economic interests of politics, political, political struggle of political organization. The party is a product of modern society, the slavery and feudal country, the monarch's will is the will of the state, then no democracy, no universal suffrage and in the popular vote on the basis of the representative organs, it is not possible to form the democratic politics in the modern sense, so there is no sense of modern political party. The political party is the product of the capitalist revolution, with the development of capitalist commodity economy development, the Parliament and the ideas of freedom and democracy, the party had a need and soil. The earliest history of the bourgeois political parties in seventeenth Century 70 British Whig and Tory, they by the different factions in Parliament forms, to nineteenth Century 30 years later evolved into the modern conservative party and the Liberal Party; the America party began in eighteenth Century 80 years in parliament, "Federalist" with each other "the anti Federalist" struggle, the progressive development of the Republican and democratic future. The Party of the proletariat was produced in nineteenth Century 40 years in London in 1847, established the Communist League was the first political party of the proletariat of the world.

Capitalist party role can be summarized as the following three points: to participate in the election. The control of parliament. The control of the government.

The 2 party system, the party is produced, its legal status and role; in general the activities of political parties, the way to participate in or influence the provisions of the state regime and other system. The capitalist political system can generally be divided into two party system, multi-party system and the single party system.

(1) the two party system, is refers in a capitalist democracy, politics there are two party be well-matched in strength, they pass through a few years of congressional and presidential elections, the control of Parliament or government control, with on the stage in turn means alternately master a system power. Both parties, if one of them is the "ruling party", another is "opposition" or "the opposition". The two party system in the country, is not only the existence of two party in this country, but said that in addition to the two major opposition parties, other small parties did not play a decisive role in obtaining the state power, they do not want their power, but only through other ways to influence the regime. The two party system in Britain, Canada and other countries, after American also adopted a two party system. The two party system has been praised by Western scholars. The two party system is a form of capitalist democracy, by its very nature, but it is bourgeois cleverly domination. No matter which party came to power, did not affect the interests of the ruling class and order, and the internal contradictions of the ruling class to adjust. But for the majority of working people it is just a kind of deception, as Engels said: "every party two turns the ruling parties in, is that some people manipulate, these people have put politics into a lucrative business.... 'we can see big two help political speculators in there, they take turns in power, with the most dirty means the regime as the most despicable purpose, while the national are powerless to deal with these two major politicians group, these people on the surface for national service, actually domination and plunder the national."

(2) the multi-party system, is refers to in a country where there are more than three political parties, in which no one party can maintain the absolute advantage over a long period of time, but the election was won or with other political parties formed an alliance to master a system of state power. Characteristics of the multi-party system is often composed of several political parties in the ruling coalition, or by several coalition of political parties in power. France, Germany and Japan are multi-party system state.

(3) one party system. Refers to the regime of a country completely in the hands of a party's hands, only the nature of party is the only legal political party system. Because of legal prohibitions, the other parties in these countries have no legitimate opportunities exist, or is due to historical reasons, these countries have not yet seen the other party. But there are also some special cases, such as the individual emerging nationalism country, the State Party, after consolidating his position, according to their own circumstances, also allows the incorporation of other political parties, but these parties are generally small scale, its form of government, its essence is still one party system. One party can be divided into the single party fascist and nationalist party system in two cases. The fascist party system is characteristic of the fascist party monopoly power, the other party activities prohibited by law, the party and national institutions be made one, head of the party that heads of state, heads of government, but also the supreme commander of the military, the state power in a set. One party nationalism countries, mostly in the Second World War, the new independent nationalist countries tend to a one party system in these countries after independence, political party formation process is not the same, some from the independence to win is by a single party leadership; some of the original party be made one formed in after independence, some is to cancel all parties, then establish a sole legal party. One party system in these countries are usually in different extent that the democratic rights of citizens, have parliamentary election, democratic system, implement different degrees of bourgeois democracy.

Generally speaking, political parties and party system have a close relationship with the democratic constitutionalism, is a product of modern democratic constitutional development; on the other hand, promoted the development of modern democratic constitutionalism.

3 socialist countries and capitalist countries of different political party system. For example, the former Soviet Union, it is also the one party state, in addition to the Communist Party of the Soviet Union, no other party. They think: the fundamental conflict of interest does not exist within the proletariat. Therefore, in under the dictatorship of the proletariat political party, it is not necessary to can not be split into two or more parties, like the capitalist countries of the two party system and multi-party system can not appear in socialist countries. However, with the passage of time, some socialist countries other than the Communist Party, also appeared the other party. Of course, the socialist state power is decided by the nature of the dictatorship of the proletariat, these countries are Communist Party leader, all other parties are active in the under the leadership of the Communist party. In this case, close cooperation between the Communist Party and other parties, more widely to all classes of people, unite around the Communist Party characteristics, further expand and consolidate the political foundation of the dictatorship of the proletariat is the socialist political party system.

Six, democratic parties in China

1 China Kuomintang Revolutionary Committee

The Revolutionary Committee of the Kuomintang referred to as "revolutionary" China, it is a Democratic Party created by the democratic and patriotic democratic molecules. "Revolutionary Committee" was founded in Hongkong in 1948, its main members are former KMT and former KMT historical links in the molecule.

The MDC in the stage of political creed is: in the guidance of the basic line for the primary stage of socialism, carry forward the patriotic, Mr. Sun Zhongshan revolutionary and progressive spirit of all Party members, leadership, unity of all domestic and foreign who support the reunification of the motherland, for the reunification of the motherland, the rejuvenation of the Chinese nation and struggle. The development of Party members in the same China nationalist who has a relationship with the people in Taiwan, who has a relationship, committed to the reunification of the motherland people and other concerned for the object.

2 Chinese Democratic Alliance

Chinese Democratic Alliance referred to as' 'League ", it is in the upper intellectuals based characteristic of a political alliance is committed to the cause of socialism political party.

It was founded in Chongqing in March 19, 1941, when the name is "Chinese democratic political alliance", in 1944 renamed in September, "Chinese democratic alliance". The Kuomintang government declared illegal organization was in 1947, in 1948 to set up in Hongkong. The main members of NLD is cultural intellectuals, many of them is the senior intellectuals.

3 Chinese Democratic Construction Association

Chinese Democratic National Construction Association referred to as the "civil", it is mainly composed of people from the economic circle and the relevant experts and scholars, characteristic of a political alliance to serve socialism party.

China Democratic National Construction Association was founded in Chongqing in October 16, 1945. An important feature of the construction is that it has a close connection with the economic circle.

4 Chinese Association for promoting democracy

China Association for promoting democracy referred to as "progressive", it is engaged in education, science, culture, publishing and other work of the intellectuals, working characteristic of a political alliance, to build a China socialist party.

Association was founded in Shanghai in December 30, 1945. The existing members, most are education, culture, publishing, science and technology, medicine and health, economy, politics and law circles have certain representative in the upper circles, with higher cultural knowledge and the ability to participate in politics.

5 China peasants' and workers' Democratic Party

Chinese peasants' and workers' democratic party referred to as "Chinese", mainly is the senior intellectuals in the medical and science and technology, culture and education which has the characteristic of political alliance is committed to the cause of socialism political party.

The peasants and Workers Democratic Party was founded in early winter of 1927, as "the Chinese revolutionary party", "Chinese Kuomintang" provisional action committee "in the name of activity. In 1947 February formally to the party's name changed to China peasants' and workers' democratic party. After the founding of new Chinese, Chinese made to serve socialism political line, actively engaged in and participate in the administration of state affairs.

6 China Zhigong party

Chinese Zhigong party referred to as "Zhi Gong party". It is based on the returned overseas Chinese and their relatives, and with foreign links representative personage, composed of experts and scholars, characteristic of a political alliance, committed to building a China socialist party.

China Zhigong party was sponsored by overseas Chinese organizations in American public interest party, founded in 1925 October in USA San francisco. After the founding of the PRC, China Zhi Gong Party play features extensive contacts with overseas and from all walks of life, and actively carry out overseas friendship work, do a lot of good work for the cause of socialism.

7 nine three Society

Nine three society, referred to as the "nine three", which is composed of science and technology and the culture and education, medical and health sector senior intellectuals committed to the cause of socialism of characteristic of a political alliance party.

Nine three society was founded in 1945, formerly known as "democratic society", and later to commemorate the war of resistance against Japanese aggression and the victory of the anti fascist war, renamed "nine three society". After the founding of the PRC, nine three society assistance in the Communist Party and the people's Government in the implementation of the policy towards intellectuals, in the development of science and technology service, do a lot of work in the political consultation and democratic supervision.

The 8 Taiwan democratic self government League

Taiwan democratic self government League referred to as "the". It is the Socialist Workers and support socialism consists of living in Chinese province of Taiwan people, Patriot political alliance.

The TSL is after the people of Taiwan "two · two eight" uprising, a part of a patriotic and democratic movement in the person of Taiwan province was established in Hongkong in November 12, 1947. Alliance purpose and programme is to build our country into a prosperous, democratic, civilized socialist modern country, unite who support the reunification of the motherland, for the realization of the reunification of the motherland, and fight for the interests of the people of Taiwan. Most of the members is a person of Taiwan province.

In China, the democratic parties have been set up in the new democratic revolution period. After the founding of new China, all the democratic parties has undergone a historic turning point, they were declared the "common program" as its political program, and actively participate in the new China regime construction, many members of the democratic parties as the central and the local people's governments at all levels of leadership positions, to participate in the administration of state affairs, participate in the negotiation and decide on major issues in the political life of the country. Along with the socialist revolution and construction of the deepThe Democratic Party has experienced the political movement under the leadership of the party, make their own political and organizational has been consolidated and developed, and made great contributions to the cause of socialism.

The fourth chapter regime organizational form

Concept and types, the organizational form of regime

1 concepts of political power organization

The organizational form of regime, refers to a specific social ruling class for the management of social regime organizational form, it is an important aspect of national form. Any country, no matter what a class dominated, must adopt a certain form of political organization to organize their own organs of political power of social governance. The modern constitution, political power organization form is an important content of the constitution, democracy, scientific construction, efficient form of political organization is one of the basic pursuit of constitution.

On the political power organization form, class nature of different countries, have the form of political organization and its essence to adapt. From the form of historical and practical perspective, it is state power, especially the sovereignty, the political power organization form different. Generally speaking, slavery and feudal state more general entropy and the typical form of the monarchy, the capitalist countries are common and typical form of the Republic, the socialist countries usually take the form of the Republic regime. In the state of slavery, once practiced three kinds of political power organization form: monarchy, aristocracy of the Republic, the Democratic Republic of the. Feudal state typical and the most common form of political organization, is the feudal autocratic monarchy. In capitalist society, the fundamental characteristics of the economic system is the use of the hands of the residual value of capitalist production capital gain. The Democratic Republic of the most bourgeois regime, is the best form for the capital and property rule. However, each take the form of political organization and have obvious difference, generally speaking there are constitutional monarchy and Democratic Republic two.

2 types of political power organization

The organizational form of regime is divided according to different standards have different classification, according to state ownership, modern countries mainly take the form of government is a constitutional monarchy and the Republican system. The following is the main form of capitalist countries taken by States, the ruling class is looking for the one of the most suitable for their own form of regime, give full consideration to their respective national conditions, to maximize the power management function.

(1) the monarchy

Constitutional monarchy, refers to the king or the king is head of state, the supreme state power in the form of political organization form or master by the monarch or the king of. Constitutional monarchy according to the monarch or the king's power is limited by the size of the different, can generally be divided into two yuan of constitutional monarchy and parliamentary constitutional monarchy system two.

Two yuan a constitutional monarchy, the monarch is head of state, the monarch's power under the Constitution and parliament, but retained the national political power, the monarch appoints him responsible government, the cabinet is according to the will of the prince is organized, exercise the power of agency. Rather than get a majority in parliament's party government, the imperial constitution, Parliament was constitutional authority, and the monarchs permission is unrestricted as premise. At present, the implementation of national two yuan of the monarchy only Jordan, Morocco, Nepal and other a few countries have adopted this form.

Parliamentary constitutional monarchy, the monarch is the head of state or a symbol, the monarch's power is limited and restricted the Constitution and parliament, parliament is in the leading position, the state power in the hands of a practical grasp of the cabinet, the cabinet is generated from the parliament, the cabinet by the majority party or political party coalition in parliament. The cabinet formally appointed by the monarch, but the cabinet or parliament trust depends on whether the monarch as head of state, the virtual existence, real power lies in the hands of the Parliament and cabinet. Britain is a typical country of this form of. In modern society, Japan, Sweden, Holland, Belgium, Canada, Australia, Denmark, Norway, New Zealand also adopted this form of government.

(2) the Republic

The Republic is the state power belongs to the people, on behalf of the organs of state, the head of state is elected and the provisions of a certain term form of political organization. The Republic is the political power organization form generally adopted by modern countries, which is the most typical capitalist form of political organization. According to the national rights between authorities in different countries with different configuration, the Republic can be divided into: parliamentary, presidential system and the committee system three.

The parliamentary system

In the parliamentary republic, parliament is the legislature, at the same time it is the highest organ of state power; members directly elected by voters, representative national volition. To form a political party or parties to the government by the parliamentary majority, the government responsible to parliament, and parliament supervision. The head of state is the president, elected president usually has no real power, only the performance of diplomatic etiquette nominal head of state responsibility. Such a system is now in Italy, India, Germany, the. A parliamentary republic with a parliamentary monarchy is similar. The parliamentary national parliament is comprised of the two houses, the general is the house of Lords and the house of Commons, but the name of countries with different. In America, Japan, the house of Lords called the Senate, the house of Commons that house. In France, the house of Lords called the Senate, the house of Commons that the national assembly. In Britain, the house of Lords called the house of Lords, the house of Commons that the commons.. The house of Commons in western countries is through universal suffrage is composed of voters directly elected representatives, the Lords have different composition. Both houses of the general authority, said house than the house of Representatives, but the Senate than the house of Representatives USA authority to. Generally take a bicameral system mainly is the bicameral system can more effectively protect the interests of the ruling class, mutual restraint, to reduce the risk of political rule. Some countries adopt unicameral system, such as Sweden, Denmark, Greece and other countries.

The presidential system

In the presidential system in the country, the president is elected, he is the head of state, is also the head of government. The car component depends not on how much Congress Party seats, the president is directly responsible to the voters, not to parliament. Parliament can exercise the impeachment of the president, not forced the resignation of the president, the president can not dissolve parliament. State agencies are in accordance with the "separation of the three powers" principle to establish the system of state power, the parliament is elected, the exercise of legislative power, judicial organs exercise the judicial power, the exercise of administrative power of the president. American is a typical representative of this form. Argentina, Venezuela, Egypt and other countries also have a presidential. In addition, different represented by France and the system of presidential system, commonly known as the semi presidential system. Semi presidential system is to expand the powers of the president in the parliamentary system, a form of regime absorption characteristics of presidential system and the formation of the. The president is head of state, held by the leader of the majority party in parliament. The president organization and leadership of the government, the exercise of a wide range of administrative power. The government is responsible to the president and parliament, the government's no confidence motion in parliament, the president can dissolve parliament.

The Committee

The committee is a special form of Switzerland now the republic. The committee also called Collegiate System, the legislative power of the state belongs to the parliament, the Federation Council is the highest administrative body by the parliamentary elections, the committee consists of 7 people, 1 as chairman, the president as head of state. The Federal Commission to collective discussion, most of the way of deciding important matters, and in the name of an individual to exercise their functions and powers, the Federal Council by parliament supervision report to the parliament.

In modern times, the organizational form of regime generally cannot do without the representative institution or representative office. No matter in the bourgeois democratic republic, or in the Democratic Republic of the proletariat, they cannot do without representative offices, that is to say different class nature of the country can have the same form. Lenin in "the state and revolution" a book that: "if there is no representative organization, it will be very difficult for us to imagine what the democratic, even the proletariat democracy." That is the form of the same country, its class nature may be different.

In 1949 the new China was established, the system of people's congresses as the form of political organization, confirmed by the "common program", and later into the constitution.

　Two, the people's Congress system is China's fundamental political system

Political system refers to the ruling class to achieve a political power organization form and the relevant system, such as the national political organization form, structure form of the state and the electoral system, the civil service system, autonomous system. Among them, the political power organization form is the political system and the core of the main part, therefore is called the fundamental political system.

The system of people's congresses, is the fundamental political system established by the constitution of our country, is the foundation of national institutions and national political life, is the concrete application of Marxist theory of Marx on the political system Chinese. It is a political organization for Chinese conditions of the form, its core is the all state power belongs to the people. Therefore, the people's Congress system is China's fundamental political system, manifested in the following aspects:

1 China's current "constitution" the second stipulation: "all power in the people's Republic of China belongs to the people." "The National People's Congress and the local people's Congress is the highest organ of state power." This is the core content and basic principle of China's state system, and the system of people's Congress is the core content and basic principles of organization. Our people through the system of people's Congress to exercise their own national power, at all levels of people's Congress is the highest organ of state power. Power to the people refers to the state power belongs to all people, but not every citizen individually isolated as the owner of the power. According to the "constitution" and "election law", the National People's Congress and the local people's congresses at various levels are through democratic elections and the principle of electoral procedure by the people to elect their representatives made. It was after, on behalf of the people exercise state power, all major business decisions of national and local, to attract the broad masses of the people to participate in the national management.

The 2 people's Congress system more fully and comprehensively reflect the class essence of china. Our country is led by the working class, the alliance of workers and peasants, the people's democratic dictatorship as the foundation of the socialist country. China's government has class a broad-based, different classes, different parties, each ethnic group has a certain position in the government. The Seventh National People's Congress, for example, in the 2 970 deputies accounted for 23%, workers and peasants, intellectuals, cadres accounted for 23%, accounted for 24.7%, the people's Liberation Army accounted for 9%, the democratic parties and non party personages accounted for 18.2% of the country, overseas Chinese account for 1.6%, ethnic minorities accounted for 15%, women accounted for 21.3%, non party personages accounted for 33.2%. More than 50 national minorities have their own representative. On behalf of all people gathered in the people's Congress, reflecting the interests and requirements of different regions, different nationalities, different class, different occupation and so on.

The 3 people's Congress system is the foundation and basis of the establishment of national other institution, reflects the political life of the country. The system of people's Congress is not in other systems as the basis, can create a variety of other system. There are many specific system in political life, such as legislation, judicial system, administrative system, military system, military system, financial system, marriage and family system. One aspect of these systems are only representative of our social life, only the people's Congress system can reflect the country's political life. The National People's Congress has legislative power, by virtue of this power, it can not only establish legislation system itself, but also can create many other system through legislative activities.

　Principle three, the people's Congress System in China

The existing constitution, the state institutions of the people's Republic of China shall apply the principle of democratic centralism. It is a basic principle of China's state power organs and other state organs, organizations and activities. The people's Congress system is the fundamental political system on the basis of the principle of democratic centralism is established, the combination of democracy and centralism system. China's people's Congress system of democratic centralism principle of specific performance in the following relations:

1 from the people's congresses of relations with the people's point of view, the people are the masters of the country, the people's congresses at various levels in China by the people through the direct election of deputies or indirectly elected consisting of. Deputies to the people's representative, is the people's Messenger, can fully reflect the people of all our ethnic groups will and interests. Deputies to the National People's Congress is responsible to the voters or electoral units, accept the supervision of voters or electoral units. If not qualified to represent the people, constituency or electoral units in accordance with the law program at any time to replace him. In the people's Congress meeting period, people's representative on behalf of the people, to discuss and decide on major issues of national and local people's congresses; after the meeting, the representatives of the people in their jobs, take the lead in implementing the resolutions of the people's congress. The National People's Congress is legislation, decided to state affairs, and the organization of the administrative organ, the administrative organ of leadership and supervision work, and through its representative to the masses of the people to convey its laws and resolutions of the spirit, with his model the action guide people to conscientiously implement.

2 from the people's Congress relations with other state organs on look, the National People's Congress and the local people's congresses constitute a unified system of our organs of state power. The organs of state power in the leading position in the whole state agencies, is the core of national institutions. The people's government, the people's court and the people's Procuratorate by the same level people's Congress elected, subject to its supervision, responsible for it. The legislative powers are vested in the National People's Congress and its Standing Committee in national, local laws and regulations set right is concentrated in the provincial people's congresses and their standing committees. People's congresses elected through democratic means, represent the will and interests of the people, to exercise state power. According to the Constitution and practice, the State Council, the Supreme People's court, the Supreme People's Procuratorate to the National People's Congress and its Standing Committee shall be responsible and report, chairman of the Central Military Commission is responsible to the National People's Congress and the Standing Committee of the npc. The National People's Congress has the power to recall the president and vice president, prime minister, vice premier of the State Council, and other members of the Central Military Commission Chairman, and other members of the Supreme People's court, the Supreme People's Procuratorate procuratorial Dean and long. Visible, the National People's Congress and its Standing Committee is the highest organ of state power, relative to other countries body of the highest organ of state power, is in a subordinate position.

3 from the relationship between the central state organs and the local state organs at the central and local state organs, division of powers, followed in the unified leadership of the central government, give full play to local initiative, enthusiasm principle. Implementation of the lower level to the higher level, the local to the Central Committee's principles, can be conducive to safeguarding the unity and dignity of the socialist legal system, can help to ensure and promote the construction of socialist modernization; at the same time, the central also cannot excessive centralization, must fully take care of the local characteristics, characteristics of the minority area, the place is likely to give full play to their initiative spirit.

The fifth chapter election system

A, the election, election law

The 1 election

The election, by voters according to legal procedures and methods to public opinion or public servants of the state political activities. The election, has broad and narrow sense. General elections, refers to the members of certain social groups of qualified, in accordance with established procedures and methods, according to their own wishes, choose some people as the representative or a public behavior. A narrow election, namely the constitutional law on the election, only refers to the voters or electoral units in accordance with the "constitution" and "election law" provisions of the procedures and methods, choose a representative representative organs or public servants of the state.

The 2 election system

General election system is the system about the election of national representatives and representatives of public servants of the state, which includes the fundamental principles of election, determine the electoral rights, procedures and methods for the organization of elections, as well as between voters and representatives of the relation. The electoral system is an important part of national basic political system, the ruling class to organize elections for the organs of state power and the formation of the system. All organs of state power, without exception, are made by the ruling class of staff and representatives of the ruling class in the exercise of state power. Therefore, the electoral system clearly embodies the essence of state power to the state. The electoral system is the realization of democracy within the ruling class, the class to grasp the state power tools, it reflects the will of the ruling class, reflecting the strength comparison between classes, its properties are determined by the nature of the country. The democratic election system pioneered by the bourgeoisie, and to the development of the socialism stage.

The socialist electoral system, is the victory of the proletariat revolution achievements. It was created by the Paris commune, socialist countries to implement the public ownership of the means of production and of election expenses expenses from the state treasury, to ensure the equality of the election in the economically and politically, the socialist electoral system is democratic and superior in essence. It reflects people's will and interests, to maximize the provisions of the scope of citizen has the electoral rights, and from the legal and material conditions guarantee that citizens enjoy these rights. To ensure that the people be in power, is the essence of the socialist electoral system.

The 3 election law

The electoral law is to stipulate the principle, procedure and method of representative election on behalf of the state organs and public servants of the law. The electoral law occupies a very important position in a country's legal system, which belongs to the category of basic law. The election law, on one hand is to standardize the election process, the order and procedure, to achieve the objectives and requirements of democratic election; on the other hand is the guarantee for elections to legal smoothly, so as to ensure the realization of the constitutional democratic rights of citizens.

The electoral law can be divided into two kinds of broad sense and narrow sense. The narrow sense refers only to the electoral law enacted by the National People's Congress of the people's Republic of China "the National People's Congress and the local people's Congress election law"; the general election laws also include regulations, the Standing Committee of the National People's Congress election work through the relevant resolutions and decisions, as well as the province issued, autonomous regions, municipalities directly under the central government the national authorities on the election of resolutions and other relevant local laws and regulations, such as the Standing Committee of the National People's Congress on "below the county level people's Congress directly elected Several Provisions", "Chinese PLA election of the National People's Congress and local people's congresses above county level represents the way", the Standing Committee Beijing City People's Congress through the "Beijing city county and Township People's Congress election rules".

Two, the principle of democracy election system

The principle of universality of the 1 vote

Universal suffrage is the extent to which widely enjoy the right to vote, specific performance for the statutory age, most citizens enjoy the right to vote and to be elected. Universal suffrage reflects a country's citizens to participate in political activities, whether the national legal limit participation of citizens, to what extent. Constitution and electoral law of many countries have established universal suffrage, but universal suffrage does not mean citizens without conditions, there is no limit to participate in the election, but refers to the citizen is not especially restricted to participate in the election under certain conditions, so the election is to a certain extent the electoral system.

Our country is led by the working class, the people's democratic dictatorship and based on the worker peasant alliance of socialist countries. This determines the nature of the broad masses of the people democracy dictatorship to enjoy only a tiny minority of the population of the hostile forces and hostile. So China can and must implement the principle of universal suffrage. According to the provisions of our constitution and electoral law, general principles of the right to vote first manifested in: where 18 years of age of the Chinese people ? The people's Republic of China citizens, in addition to persons deprived of political rights, regardless of nationality, race, sex, profession? industry, family background, religious belief, education, property status and length of residence, have the right to vote and be. This is the outstanding performance of our universal suffrage. In addition, in order to achieve universal? lift, election made a special law on ethnic minorities and the returned overseas Chinese representative election rules, and regulations of the people's Liberation Army alone.

China's electoral law shall be deprived of political rights for people who do not have the right to vote and to be elected, this is decided by the nature of the state of our people's democratic dictatorship of the. According to the March 5, 1983 Fifth National People's Congress Standing Committee of the twenty-sixth meeting of the Standing Committee of the National People's Congress "about below the county level people's Congress directly elected Several Provisions", the following persons shall be allowed to exercise their voting rights: (1) was sentenced to criminal detention, control, and no additional deprivation of political rights; 2) in custody, are subject to investigation, prosecution, trial, the people's Procuratorate or the people's court has not decided to stop exercising their voting rights; (3) was released on bail pending trial or residential surveillance; (4) persons undergoing rehabilitation through labour; (5) being punished by detention.

In addition, in particular, electoral law in our country: "can not exercise the right to vote and stand for election of psychiatric patients, not listed the voter list." Psychiatric patients do not belong to be deprived of the right to vote on the list, from a legal point of view, they still have the right to vote and the right to be elected ability, just because they have actually lost the capacity to act, so is not included in the list of voters and retain the right to vote.

The principle of equality of 2 voting rights

Equal suffrage, refers to every voter in an election only one vote, force equal to all the votes. In other words, all voters may not be due to ethnic, racial, gender differences, and enjoy privileges or restrictions and discrimination. All the voters to vote on the basis of equality. This is the embodiment of the "constitutional principle that all citizens are equal before the law" in the election system in the.

3 direct and indirect election and with the principle of

The electoral law according to the specific conditions of our country, practical requirements, our country in the election to take direct and indirect election and principles. That is: People's Congress city not divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, the town representatives, directly elected by the voters; deputies to the National People's Congress, on behalf of the province, autonomous region, or municipality directly under the central government, city, autonomous prefecture District People's Congress, elected by the people congress at the next lower level.

Direct and indirect election are two different methods of election. Direct election is directly by the voters voting representative representative. Indirect election is representative of representative organ is not directly elected by the voters, and the representative organ level representatives elected representatives of the organ at a lower level.

The 4 secret ballot principle

China's "election law" stipulates: "the national and local people's Congress election, shall be by secret ballot. If a voter is illiterate or handicapped cannot write votes, can entrust him to trust people." The secret ballot principle which reflects our electoral system.

The secret ballot is a secret ballot, the ballot or the public to stand and applaud, hands, and said a election methods his wish of opposite. The secret ballot requires voters at election time need only be agreed or disagreed in formal candidates name, also can cause others or waiver, without the need for signature. Without a secret ballot vote method is superior to the. The 1979 election to election method as prescribed by the electoral law in 1953 primary elections by secret ballot vote and is, to be by secret ballot method, promote the democratization of the electoral system.

Supervise and recall 5 voters on behalf of the principle

China is a country which has more than 12 population of the country, everyone can not exercise the state power directly. Most people are in the election for the media, the people's representative that part of state power transferred to represent his will and interests should be their own exercise to exercise, and the representatives of the people are from first to last according to the will of the people exercise state power, so as to ensure the final control of state power in the hands of the people, which requires the whole process of the people the exercise of power on behalf of the supervision, on the contrary to the will of the people's representative to recall. Therefore, the right to vote, the right to be elected, supervision right and right of recall is an indivisible whole socialist electoral system. Voters on behalf of the supervision and dismissal, one can represent more closely contact with voters to listen to views of the electorate, conscientiously perform their duties on behalf of; on the other hand, is to ensure that the people be in power, effectively preventing civil servants from social public

One of the main methods and become masters of the society.

The sixth chapter is the form of state structure

A form of state structure, the concept and classification of

1 concepts of the form of state structure

The form of state structure refers to the country's internal form, namely the relationship between the whole and the part, between the central and local. The form of state structure focuses on the performance of power system vertical aspect, the relationship between the whole and the part that is adapted to the structure and the territory of. It directly involves the allocation and use of a country's ruling class control of the territorial division and the state power. A country to take the form of state structure of what kind of, should not only obey the ruling class politics, reflects the nature of a country, but also consider the effect of state own historical factors and ethnic factors and other social factors. While the political power organization form while also displays the relationship between the superior, but in general, it focuses on the performance of power system of the horizontal aspect, also is the organ of power with the administrative organs, judicial organs and other state organs of the relationship, the relationship between the authority with the masses of the people. State power is through the two form.

Classification of 2 forms of state structure

The form of state structure of the modern state is divided into two main categories: single system and composite system.

A unitary state is a structure composed of a plurality of do not have independent administrative unit or autonomous units of single sovereign state, is unified by the central national sovereignty state. In the unitary state form, state only a constitution, a supreme authority and a central government, citizens have the unity of nationality, it is a single subject in international communication. In the unitary state, the relationship between state of the whole and the part shows the relationship between the central and local. At present, most countries in the world have taken the form of unitary state structure.

Composite state in the form of more complex, it is the form of state structure with several national alliance must be independent units consist of. Composite state is divided into a federal state, Confederate States, real Union, personal union etc.. There are federal and Confederate two main modern composite state.

Commonwealth of nations is composed of several members of the unit (federal, state, Republic) composite National Coalition unity. In the federal state form, except the Federal Constitution, each state has its own constitution, state or Republic; besides the federal legislation and federal, state, or the Republic is also provided with the legislature and the government's own. Between the Federation and the member units of the division of functions and powers are determined by the Federal Constitution, in their respective scope; some countries also allows members of the unit under the federal system as a subject of international law in the United Nations alone. In the federal state, the relationship between state of the whole and the part shows the relationship between the federal and the States. The federal government to exercise legislative, diplomatic, military and financial and other major powers, state, federal or Republic of China also have their own autonomy. At present, only a few countries in the world federalism, USA is the first to establish the modern federal state.

The Confederacy is composed of more than two countries for a particular purpose and the composition of the United nations. The Confederation has no unified constitution, not the highest legislative body and the central government of the Confederacy Confederacy in international law; not country Zhong body, each member has its own sovereignty, the Confederate Congress resolutions must be approved to each member government effect. In modern times, this composite form is very rare, but there are some similar Confederate alliance or the community in the world, and play an important role, such as the European Union, the Commonwealth of independent states.

In the modern form of state structure in different countries can adopt the form of state structure of the same, in the form of both are not essential difference. The same form of state structure state can be different in the content, or even the same country in different period, its performance is not the same. Countries have the form of state structure in the constitution.

　　Two, our country on the basis of the principle of the division of administrative areas

The administrative division is the administrative division, it is a historical category, with the country is linked together. Division of administrative regions is refers to the country in order to realize the control function, according to the law according to some principles and procedures, to the national territory is divided into many different sizes, different regions, establish the corresponding state organs at all levels of management, the legal system of government functions. It is the framework for a local authority. Our country according to the division of administrative areas of principle:

First, is conducive to unity and national unity. China is a unified multi-ethnic country, many ethnic considering China's unity and the distribution of the ethnic minorities, starting from the national equality and national unity, the implementation of ethnic regional autonomy, the establishment of a national autonomous area.

Second, is conducive to the development of regional economy, from the point of view of the distribution of natural resources and economic development, in order to facilitate the organization of economic construction, promote the development of production.

Third, to facilitate the masses to participate in the national management. Division of administrative areas to facilitate the work of the government, but also to help the people to participate in the national management.

Fourth, to take care of history, the national tradition and the people's living habits and population distribution, geographical conditions and the needs of national defense and other conditions into account.

Local autonomous system three, China

The local system is a combination of the national governance related administrative region division and local state organs or organ of self-government organization, functions and exercise the powers of the procedure law, policy, practice. The local system is an important part of national systems, reflecting as local place and as a whole the central relationship unitary state. In federal countries, although there is relationship between the whole and the part, but not the central and local governments. Under the federal system states, state itself is not local, the regime does not belong to the local system category.

The implementation of local administrative system according to different regions, our local system can be divided into the system of regional autonomy system of ordinary local system, nationality and the Special Administrative Region in three different forms.

The place is in the Constitution and common law and the establishment of the local system, do not enjoy special rights superior to other places.

The system of ethnic regional autonomy system and special administrative region can be collectively referred to as the system of local autonomy. National autonomous areas means in accordance with the provisions of the Constitution and the law, in the legal area minority region to establish the system of regional ethnic autonomy. Special Administrative Region is a special place, is according to the Constitution and the law authorization, local area has a special social system is different from the ordinary places.

Local autonomous system is the solution of a kind of political and administrative system of the relationship between state and local, the central and local power autonomy, is a form of governance structure. Institute local self-government system in place, usually in a political, economic, cultural, social life style or enjoy special power is superior to the ordinary local autonomy right. In China, a unitary state structure situation, local autonomy is central to the Constitution and the special law granted.

　The type and the organs of self-government of the national autonomous areas, four

According to the national division, ethnic autonomous regions in China can be roughly three types:

First, to an ethnic neighborhood autonomy based.

Second, to a more populous minority inhabit a region as the foundation, but also include other ethnic autonomous areas of one or several less populated communities founded.

Third, autonomous areas built by the minority area of more than two.

Autonomous organs of the autonomous region, autonomous prefecture, Autonomous County People's Congress and the people's government. Autonomous organs of self-government of the nation is to exercise the power of autonomy of the state organs.

Note here is, if is the autonomous region, the organs of self-government should be autonomous regional people's Congress and its Standing Committee and the people's government. The autonomous region under the city, county people's Congress and the people's government is not autonomous organs. At the same time also can not be extended to the party, the organs of self-government of the people's court, the people's Procuratorate, the Chinese people's Political Consultative conference.

Autonomous organs of local organs of state principle and others, apply the principle of democratic centralism. But the composition of the organs of self-government in the nation, the Constitution and the law on regional national autonomy has special provisions:

First, the Standing Committee of the people's congresses of national autonomous areas shall be citizens of the ethnic groups exercising regional autonomy in the area director or deputy director;

Second, the chairman of an autonomous region, autonomous prefectures, autonomous county shall be a citizen of the nationality exercising regional autonomy as; other members of the people's governments and the departments under the organs of self-government of the cadres must as far as possible with the implementation of regional autonomy of ethnic and other minority personnel;

Third, people's congresses of the autonomous areas, in addition to representatives of the nationality exercising regional autonomy, on behalf of other living within their respective administrative areas of minority should include an appropriate number of. Number and proportion between them, decision of the Standing Committee of the provincial, autonomous regional people's Congress according to the principles of law, and reported to the Standing Committee of the National People's Congress for the record.

　The organs of self-government of the national autonomous areas five, enjoy the right of autonomy

According to the existing provisions of the Constitution and the law on regional national autonomy, the organs of self-government of the national autonomous areas have the power of autonomy as follows:

1 autonomous right to formulate autonomous regulations and separate regulations

People's congresses of the autonomous areas have the right in accordance with the characteristics of the local ethnic political, economic and cultural. Formulate autonomous regulations and separate regulations. The autonomy regulations and specific regulations of autonomous regions, reported to the Standing Committee of the National People's Congress for approval. Autonomous prefectures and autonomous counties, autonomous regulations and separate regulations, the Standing Committee of the people's Congress of the province or autonomous region for approval, and reported to the Standing Committee of the National People's Congress for the record.

The autonomy regulations refers to the people's congresses of the autonomous areas in accordance with the provisions of the Constitution and the law on regional ethnic autonomy, legal documents about the basic system of regional national autonomy local formulation of the. Specific regulations refers to the people's congresses of the autonomous areas in accordance with the provisions of the Constitution and the law on regional ethnic autonomy, according to the national characteristics of the autonomous areas, the legal normative documents formulated on one aspect of the specific matters. This is an important content of autonomy.

Autonomy of 2 organization of the local public security forces

The organs of self-government in accordance with the military system of the state and practical local needs, with the approval of the State Council, can organize local public security forces.

The main task of national autonomous local security forces is the maintenance of the local social security. The troops to the practical needs of the premise. It should protect the lawful rights and interests of ethnic minorities, to establish a stable social order, safeguarding national unity. The organization shall be in accordance with the military system of the state.

Autonomy of 3 to arrange and manage local economic development

The organs of self-government in under the guidance of the state plan, independently arrange for and administer local economic development, according to the local characteristics and requirements, guidelines, policies and plans for economic construction, arrange local items of basic construction, adjust the relations of production, economic management system reform, to determine the ownership and use of local in grassland and forest, the autonomy to manage belonging to the local enterprises and undertakings. Autonomous organs in accordance with the provisions of the law on regional national autonomy, the management and protection of the natural resources of these areas; on the local development of natural resources, can give priority to the rational development and utilization. Autonomous organs can independently arrange with the completion of the national plan purchase, upregulation of tasks outside of industrial and agricultural products and other products; can be in accordance with state regulations to carry out foreign economic and trade activities, and enjoy the national treatment in foreign exchange earnings. Approved by the State Council, open foreign trade ports, border trade with foreign countries can be carried out in the border areas.

4 management of local fiscal autonomy

National autonomous local finance is a finance, is part of our country. Organs of self-government of the national autonomous areas have the power of autonomy in the management of local finance. Pursuant to the financial system of the state revenues accruing to the national autonomous areas, should be managed and used independently by the organs of self-government of the national autonomous areas. Financial revenue and expenditure of the ethnic autonomous areas of the project by the State Council in accordance with the provisions of preferential treatment, principle of national autonomous areas. In accordance with the provisions of the financial system of the state financial expenditure, fiscal revenue more than the quota to the higher authority, fiscal, turned over to the amount can be no change in recent years; income insufficient expenditure, by the financial authority grants. The national autonomous local financial expenditure budget, according to the provisions of the state, a maneuver funds, reserve funds are accounted for in the budget in proportion is higher than the general area. In the implementation of the national tax law, except for the unified examination and approval by the state tax relief project, some need to belong to the local finance income to care and encouragement from the tax reduction or exemption, can implement. Autonomous regions, autonomous prefectures and autonomous counties, decide the duty reduction or exemption, shall be subject to the approval of the provincial or autonomous region people's government. 

5 management autonomy local cultural and educational undertakings

Autonomous areas organs of autonomous development of ethnic education, according to the national education policy, the local education programs, the school setting, educational system, forms, teaching content, teaching language and enrollment procedures; for the ethnic minority areas and economic difficulties, scattered living minority mountainous area, set up to boarding and grants. Public national primary school and middle school; for minority nationality students of primary school, should be conditional with minority language textbooks, and minority language teaching.

In the aspect of culture, the autonomous organs independently develop literature, art, news, publishing, radio, film, television and other national culture with ethnic characteristics, independent decisions on local medical and health construction planning, development of traditional Chinese medicine, the traditional sports of ethnic minorities, to carry on and develop the fine traditional culture.

The autonomy of ethnic minority cadres and 6 with national talent cultivation

Autonomous organs according to need and take measures to train large numbers of cadres at various levels from the local people, technology, management and other personnel and skilled workers, and pay attention to training cadres at various levels and various professional talents in the minority women; in the local enterprises, public institutions to recruit staff, giving priority to recruit people of minority nationalities.  

　Six, the legal status of the Special Administrative Region

The legal status of the Special Administrative Region refer to the relation between the Special Administrative Region in the country's status in the structure and the central government and the special administrative region. In the law is how to divide the functions and powers of the central and the special administrative region.

China's Hongkong and Macao Special Administrative Region are clearly defined: Special Administrative Region of the people's Republic of China is the inseparable part. Special Administrative Region is a local administrative region enjoys a high degree of autonomy of the people's Republic of China, directly under the Central People's government. The National People's Congress authorizes the Special Administrative Region in accordance with the provisions of the basic law of the Special Administrative Region will enjoy a high degree of autonomy, enjoys executive, legislative and independent judicial power, including the power of final adjudication. Do not implement the socialist system and policies of Special Administrative Region, the previous capitalist system and way of life, 50 years.

First, provisions of the basic law of special administrative region show that, China's Special Administrative Region unitary state inseparable part, is a local administrative region of our country.

Second, special administrative region is a local administrative region to exercise a high degree of autonomy, enjoys executive, legislative and independent judicial power, including the power of final adjudication, different from ordinary local and ethnic autonomous areas. The high degree of autonomy is not unlimited autonomy, is in the National People's Congress authorized under the autonomous, its power comes from the central. And directly under the Central People's government.

Third, Special Administrative Region of the regime was a patriot regime, rather than the people's democratic dictatorship, the executive and the legislature is composed of permanent residents of Hongkong in accordance with the relevant provisions of the basic law.

Fourth, Special Administrative Region in accordance with the "one country, two systems" principle, do not implement the socialist system and policies, will retain the current capitalist system and way of life, 50 years.

Special Administrative Region has characteristics different from other administrative region, but does not change the form of state structure of China's unitary system. In the legal system, the coexistence of two properties of Chinese different, different forms of legal system. In the legislation and legal interpretation, special administrative region enjoys the power to interpret the legislative, law. In the legal origin is also different, Special Administrative Region and retain the original law invariant, in addition to the basic law conflict or amendment by the legislature of the Special Administrative Region, shall be maintained. In the judicial independent judicial power and the power of final adjudication special administrative region.

The main rights of seven, central government of Special Administrative Region

1 the Central People's government and the Hongkong Special Administrative Region shall be responsible for the management of foreign affairs, Ministry of foreign affairs offices in the Special Administrative Region to deal with foreign affairs;

2 the Central People's Government shall be responsible for the management of Special Administrative Region defense, stationed in the special administrative region responsible for the defense of the army does not interfere in the local affairs of the region, where necessary, the government of the Special Administrative Region to the Central People's government for assistance from the garrison in the maintenance of social security and relief disaster;

3 the Central People's government appointed chief executive of Special Administrative Region and in accordance with the provisions of the basic law, the administrative organ;

The 4 National People's Congress Standing Committee has the right to decide the special administrative region is in a state of emergency;

The 5 National People's Congress Standing Committee have the right to interpret the basic law of the special administrative region;

The 6 National People's Congress Standing Committee reserves the right to modify the basic law of the special administrative region.

Standing Committee of National People's Congress decides to declare a state of war or special administrative region can not control the endangering national unity or security unrest occurred due to the Special Administrative Region and special administrative region is in a state of emergency, the Central People's Government may issue an order to the relevant national laws to be applied in the special administrative region.

　A high degree of autonomy enjoyed eight, Special Administrative Region

1 former political system unchanged in a certain period of time, not the implementation of the socialist system and policies, also do not change in the form of political organization. The original law, in addition to conflict or modifications proposed by the legislature, Special Administrative Region and the basic law, shall be maintained. According to the "constitution" Article 3l formulation of the basic law of the Special Administrative Region as the fundamental law, but not for the other clauses of the people's Republic of China Constitution and other laws. "Of the people's Republic of China, the national anthem, flag, all time resolution", "national day of the people's Republic of China on the resolution", "the Central People's Government of the people's Republic of China National Emblem of command" emblem, instructions, procedures, "the people's Republic of China government statement" on the territorial sea, "the nationality law of the people's Republic of China", "the people's Republic of China diplomatic privileges and immunities", as an exception in the special administrative region.

2 the original economic system and way of life in a certain period of time. "Hongkong Special Administrative Region shall protect the right of private property", the private ownership and market economy.

3 administrative power. The government of the Special Administrative Region in accordance with the provisions of the basic law to deal with the administrative affairs of the region, the formulation and implementation of policy, appointment and removal, management of social security, preparation of financial budgets and final accounts, put forward a bill, bill.

The 4 legislative power. Special Administrative Region have the right transaction legislation on a high degree of autonomy within the, but have no right to legislate for defense, diplomacy etc. belong to the Central People's government affairs. A legislative body the Special Administrative Region of the law shall be reported to the Standing Committee of the National People's Congress for the record. The reporting for record shall not affect the entry into force of the law. The NPC Standing Committee considers that any law enacted the legislature of the special administrative region does not meet the affairs and the central law about the management of the central government and the Special Administrative Region of the provisions, the law could be back, but not modify. The Standing Committee of National People's Congress prescribed by law. The failure laws of the Special Administrative Region, except otherwise provided by law, the non retroactive.

5 independent judicial power and the power of final adjudication. Special Administrative District Court in addition to continue to maintain the original legal system and the principle of the courts of the restrictions, to have jurisdiction over all cases special administrative region. The court judge independently, free from any interference, shall exercise judicial power shall be immune from legal action. The power of final adjudication belongs to the Special Administrative Region of the court of final appeal. Special Administrative District Court on national defense, diplomatic behavior has no jurisdiction in the trial of a case, in fact the problem relates to national defense, diplomatic behavior, should obtain the chief executive on the problems issued documents, the document is binding on the court. The chief executive of the issued certificate must be obtained before, the Central People's government.

6 independent fiscal power. All the special administrative region's revenues for their own needs, not turned over to the Central People's government, the Central People's Government shall not levy taxes in the special administrative region. Keep separate taxation system of Special Administrative Region, money and free, no foreign exchange control policies, the implementation of independent monetary and financial system and economic development policy.

7 Special Administrative Region of the Central People's Government in accordance with the scope of authority, responsible for the foreign affairs relating to the basic law. Special Administrative Region in the economic, trade, financial, shipping, communications, tourism, cultural, sports and other fields using the name "Hongkong, Chinese" individually with other countries, regions and relevant international organizations to maintain and develop relations, conclude and implement agreements.

8 in addition to fly the national flag, national emblem, can use a special administrative region of the regional flag, emblem.

The other 9 power of the National People's Congress and its Standing Committee and the Central People's government granted.

The basic laws of the special administrative region has special provisions: Special Administrative Region shall enact laws on its own to prohibit any act of treason, split, Kuang home I, sedition, subversion against the Central People's government and the theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the special administrative region, no special administrative region political organizations or bodies establish contact with foreign political organizations or bodies.

The seventh chapter of economic system and the construction of Three Civilizations

One, the provisions of our Constitution on the economic system

Economic system is refers to a country by the Constitution and the law confirmation and adjustment of the sum of various economic relations, to the ownership of the means of production as the core and development of all kinds of principles, rules and policies. Economic system is always an important part of China's constitution, but along with the development of the different historical period, its content has great difference.

1.1949 years of "China people's Political Consultative Conference common program" in its general programme stipulates: "the people's Republic of China must cancel imperialist countries all the privileges in China, confiscating bureaucrat capital to the people of all countries, step by step to the feudal and semi feudal land ownership for farmers to change the ownership of land, protecting the public property and the cooperative state property, ensure the economic interests of workers, peasants, the petty bourgeoisie and the national bourgeoisie and the private property, the development of New Democratic People's economic, steadily became an agricultural country into an industrial country." And it shall be for the economic policy in the fourth chapter.

2.1954 years of "constitution" provisions in the general principles: "the people's Republic of China on state organs and social forces, the socialist industrialization and socialist transformation, guarantee to gradually eliminate the system of exploitation, the establishment of a socialist society." And also provides for the four forms of ownership and the relevant policies of the state.

3.1975 years of "constitution" stipulated in the "left" errors under the guidance,: "there are two main types of the people's Republic of China at the present stage, the ownership of the means of production: the socialist public ownership and the socialist collective ownership by the working people." The 1978 constitution in the economic system of the renewal of the 1975 constitution spirit, does not have what change.

4.1982 years after the reform and opening up the new constitution is established in the period of economic system, in the long-term constraints of people's socialist simple concept of ownership, in addition to the provisions of the introduction of the socialist public ownership, but also provides "in the law within the scope of the urban and rural laborer individual economy is a complement to the socialist public ownership". But also provides: "the people's Republic of China permits foreign enterprises and other economic organizations or individuals in accordance with the provisions of the people's Republic of China Law on China investment, with China enterprises or other economic organizations of various forms of economic cooperation."

China's constitution in 1988, 1993, 1999 and 2004 has conducted four revision, the four revision of the economic system aspect, has a very important significance in the reform and development of the constitutional amendment on China's economy. The constitution of our country in the aspect of economic system is still in a process of continuous improvement, the relevant provisions will be amended and change.

　　Two, China's system of ownership of the whole people

Our national system of ownership is the means of production by the state and the government on behalf of the Chinese people a kind of ownership form. This form of ownership also can be called the national system of ownership, namely, the Chinese people have the means of production right is realized through the intermediary of the state, any individual or group which are not or can not become the owner of the means of production. China's "constitution" clearly stipulates: "the state owned economy, the socialist economy under ownership by the whole people, is the leading force in the national economy. The state ensures the consolidation and growth of the state economy."

In accordance with the provisions of the Constitution and the law, China's system of ownership of the whole people include:

1 mineral water, natural resources, forest, mountain, grassland, uncultivated land, beaches and other all belong to the state, but the law belong to the collective owned forests, mountains, grasslands, waste land and except for the beach.

2 city land and the provisions of the law of land in rural and suburban areas of the city country all the.

3 all other national territory of natural resources owned by the state. Such as airspace, territorial sea, contiguous zone, exclusive economic zone, the continental shelf and other natural resources.

4 important relationship beneficial to the people's livelihood assets owned by the state, such as the large and medium-sized state-owned enterprises: banks, post and telecommunications, railway, highway, aviation, shipping, ports and various public facilities; state-owned institutions, social organizations, the military assets are owned by the state.

State owned assets Part 5 mixed economic sectors, such as state-owned shares of stock company, the country to foreign investment and so on.

　Three, China's socialist economy of blame state ownership form

In 2004 tenth session of the National People's Congress passed the second meeting of the "amendment" in 1988, the constitution of 1993 and 1999 amendments on the basis of further stipulates: "the state protects the lawful rights and interests of individual economy, private economy and other non-public sectors of the economy. The State shall encourage, support and guide non-public economic development, and the non-public sectors of the economy in accordance with the law, supervise and management." Countries to the non-public sectors of the economy from the past to the management, guidance and supervision to encourage, support and guidance, so that all of the form gradually realize the equality in law, is an inevitable requirement for establishing a socialist market economy.

At present, the non-public economic form in our country socialism are the individual economy, private economy and foreign economic and other forms of.

1 the individual economy

Individual economy of urban and rural working is own the means of production in small amounts to individual, personal and family labour as the foundation, in order not to exploit the labour as a form of economic characteristics. At present, the individual economy is mainly distributed in urban and rural individual handicraftsman and small, vendors and operated small handicraft industry, retail, catering, service, repair industry and transport.

On the individual economy, our country constitution had provided it "is a complement to the socialist public ownership", "1999 amendment to the constitution" will be revised as: "in the range of the individual economy, private economy and other non-public sectors of the economy law, is an important component part of the socialist market economy." The legal status of the individual economy has been further improved. In 2004 the "amendment" and further regulation, national "protection" and "encourage" the individual economy, its development.

2 the private sector of the economy

The private sector of the economy, actually refers to the private enterprise, it is refers to the enterprise assets belong to private ownership, employee reaches a certain size or for-profit economic organizations. In April 12, 1988, the first session of the Seventh National People's Congress passed the "people's Republic of China constitutional amendment", the provisions of article first: "the state permits the private economy to exist and develop within the limits prescribed by law. The private economy is a complement to the socialist public ownership economy. 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." In 1999 the "amendment" and further defined as is an important component part of the socialist market economy. In 2004 the "amendment" further provisions, the legitimate rights and interests of the state "to protect the private economy and other non-public sectors of the economy... Encourage the development of '". The constitutional amendment, marking the private economy in China's socialist system of ownership structure, as a kind of economic form of its legal status has been further confirmed the fundamental law of the state and protect.

3 Foreign Investment Enterprises

Foreign enterprise or foreign investment enterprise, is within the territory of China in accordance with China's laws established by foreign investors, individual direct investment or by foreign investors and China investors invest in enterprises. China's current "constitution" stipulates: "the people's Republic of China permits foreign enterprises and other economic organizations or individuals in accordance with the regulations of the people's Republic of China Law on Chinese investment, with China enterprises or other economic organizations of various forms of economic cooperation."

In order to protect foreign investors investment income and other lawful rights and interests of foreign enterprises, standardize the business behavior. China has successively promulgated the "the people's Republic of China on Chinese foreign joint ventures" law "of the people's Republic of China" "foreign investment enterprise law of the people's Republic of China Law on Sino foreign cooperative enterprises"; and clear in the "Sino foreign joint venture law of the people's Republic of China" and "the people's Republic of China Law on foreign funded enterprises": the state will not nationalize or expropriate the Sino foreign joint ventures, foreign investment enterprises; in special circumstances, according to the need of the social public interests, equity joint ventures may be expropriated in accordance with legal procedures, and appropriate compensation.

　Four, the constitutional protection of property rights

Two aspects of protection of our constitutional provisions on the protection of property rights for protection of the public property right and the property right of citizen.

Protection of 1 of the socialist public property

Socialist public property including property ownership of state-owned property and collective, that is state property and collective property. As the basic constitution is the concentrated expression of the will of the ruling class, safeguard the interests of the ruling class. There is an important content to the provisions of the ruling class property system is one of the Constitution in the constitution. In socialist countries, socialist public property system protection is the basis of maintenance of the socialist system. In this regard, China's current "constitution" announced: "socialist public property is sacred and inviolate"; "the state protects socialist public property. Any organization or individual is prohibited to use any means appropriation or damaging of state or collective property." At the same time, the Constitution also stipulates that "the care of public property" is a fundamental duties of citizens. In order to ensure the "socialist public property is sacred and inviolate" this constitutional principles, by China's Eighth National People's Congress in 1997 fifth session of the "PRC Criminal Law" (Amendment) further provisions and increased severely cracking down on economic crime; to punish corruption, theft, bribery, bribery and embezzlement and waste public property behavior. In cracking down on economic crime, but also from the aspect of the system to reform and perfect the relevant provisions, truly blocked from the source of the loss of state-owned assets.

2 protection of individual property rights

China's private property right and private property right is the property system of our country an important part. An important part of protection of citizens' private property right and private property right of inheritance is also China's constitution.

In 2004 the "amendment" twenty-second of the "original thirteenth" of the constitution is amended as: "the lawful private property of citizens are not violated." "The country in accordance with the law to protect citizens to inherit private property right." "Countries in need of public interest, can be imposed on the private property of citizens or requisition and compensation in accordance with the law."

From the protection of citizens "property ownership" to "the lawful private property of citizens are not violated" is a significant change in the development of China's constitution. With the "property rights" instead of "property ownership", indicates that the scope of property rights of citizens has increased greatly, the property embraces not only the ownership, but also including the other rights associated with ownership, such as various property leasing, contracting and other usufructuary right and mortgage, lien, security interest, as well as various claims, intellectual property rights and other property rights. "The inviolability of private property" refers to the private property rights are not infringed, interference, offend, invasion. The inviolability of both against infringement, more important is not affected by the "violation of public power". If indeed the need for social and public interests of the expropriated property of individuals, to fulfill the statutory procedures, and compensation. In the Constitution clearly stipulates the lawful private property of citizens are not violated embodies "the state respects and protects human rights" of the spirit, has an important significance in the development history of our country's constitution. The provisions of the constitution established the legislative basis for the common law, any law, regulations of China are not inconsistent with the.

Adapt to protect our citizens individual property rights, constitutional protection of private property right of inheritance. Right of citizens to inherit private property is in accordance with the procedures prescribed by law for the deceased property rights and obligations; inheritance is a legal system has existed since ancient times, the private property rights have been inherited. Confirm the constitutional private property right of inheritance is a natural extension of the protection of personal property ownership.

Five, the socialist material civilization, political civilization and spiritual civilization and the meaning of the relationship

Civilization usually refers to a state of social progress, is the achievement of transforming the world. Civilization is produced with the development of human society and development, it is the symbol of the progress of human society and the state. Civilization, or called social civilization, it can be divided into three aspects of material civilization, political civilization and spiritual civilization.

Material civilization is the human transformation of nature material results, it is shown as the progress of material production and the improvement of material life, it is the foundation of all civilization.

Political civilization is created by human beings in the social politics in the field of wealth, mainly for the progress and achievements in social political system and political life.

Spiritual civilization is created in the process of human and cultural transformation of the objective world of wealth, mainly for the social spiritual products and spiritual progress.

In social life, these three kinds of civilization contact each other, intertwined, permeability, and promote the development of the society, with the development of society, the various civilizations in the unceasing development, from low to high level.

Our country in the construction of socialist material civilization at the same time, the construction of a Chinese characteristics of political civilization and spiritual civilization is an important goal of modernization construction of our country. In the current "developing socialist democratic politics, the construction of socialist political civilization, is an important goal of building a moderately prosperous society." The development and progress of the construction of material civilization, political civilization cannot do without the political power and the political security, cannot do without spiritual civilization with spiritual power and intellectual support. Socialist society should be the material civilization, political civilization and spiritual civilization coordinated development of society, the process of modernization is a process including economic, political, cultural development, social progress. The essence of socialism political civilization is a civilization of people's democracy. It marks the political civilization in the history of mankind leap.

The eighth chapter the basic rights and obligations of citizens

A, citizens, people, National

The citizen is a nationality of the person. China's current "constitution" clearly stipulates: "where has the nationality of the people's Republic of people are citizens of the people's Republic of china." In China, citizenship in only one condition, that is the people's Republic of China nationality.

The concept of citizen has a history of its emergence and development, at different times, different social, different countries have different meanings. With the development of history, citizen meaning more consistent, but as countries have different national conditions, the situation is not the same. In western countries, such as France, Italy and other countries, USA, citizens and nationals, the people are synonyms, refers to all the members of a country, but also in the constitution is often staggered use.

In China, the concept of national and citizens just different period was consistent, meaning. 1949 promulgated the "China people's Political Consultative Conference common program" had used the people and the national two concepts. 1953 promulgated the first electoral law, in our country the first use of the word in citizen. Since then, China's constitution and the law on the legal status of the individuals mentioned, have used the concept of citizenship, and not to use the term.

In our country's citizens and people are two concepts, the difference is:

First, different category. People is a political concept, relative to the enemy. Division of people's standard is the change in the character of the revolution and the revolutionary content, which has a specific standard is different in different historical periods. Our country in the period of Anti Japanese War, all willing to Anti Japanese classes, strata and social groups belong to the category of the people; in the liberation war period, usually in favor of imperialism, feudalism, and bureaucratic capitalism "three enemy" class, stratum and social group all belong to the people. At present, in the historical period of socialist new people, including workers, farmers, intellectuals and so on all socialist laborers, the builders of the socialist cause, as well as the patriots supporting socialism and patriots who support the reunification of the motherland. The citizen is a legal concept, and foreigners (including stateless persons) should be relatively, it is in accordance with the law to determine. In China, those who have the nationality of the people's Republic of China citizens who are.

Secondly, different scope. The range is small, only refers to the masters of the country, in the master position in the country's political, social life. The scope of citizens, refers to all members of society, is that the people who have the nationality of a natural person, whether in politics or belongs to the enemy belongs to the people, are all citizens.

Thirdly, different results. People enjoy all the rights specified in the Constitution and laws and fulfil all the obligations in accordance with the law, and citizens who have been deprived of political rights and object of dictatorship cannot enjoy all the rights to citizens, also cannot fulfill some glorious duty of citizen. As China's "military service law" the third regulation, shall be deprived of political rights for people, not military service; the provisions of article sixteenth, if a citizen in custody is subject to investigation, prosecution, trial or sentenced to prison, detention, control or in prison, not collection.

The concept and characteristics of two, basic civil rights and obligations

The rights of citizens, refers to the citizens in accordance with the provisions of the Constitution and the law, be engaged in a certain behavior and asked others to make or not to make certain behavior, in order to achieve certain rights or desire. The obligations of citizenship, is refers to the provisions of the Constitution and the law of citizen should fulfill some obligation of the state, society and others.

The rights and duties of citizens in many aspects, the scope and content of very extensive. If in accordance with the rights and obligations of the importance and the legal form of rights and obligations of citizens, can be divided into two categories: basic rights and other rights and obligations. As the fundamental law of the state constitution only to civil rights and obligations in the most basic, the most important part of principles, it is known as the basic rights and obligations. Other rights and obligations of the fundamental rights and duties of citizens and citizens in comparison, has the following characteristics:

Fundamental rights and duties of 1 citizens is confirmed by the constitution, the provisions of its content and scope from the constitution. They are essential to normal life of every citizen in, stability. Inherent in the constitution of the state law status, determines the fundamental rights and duties of citizens can not terminate, also cannot be generated. For the basic rights of citizens, any organization or individual shall not be arbitrarily restricting and depriving; for the fundamental duties of citizens, nor allow anyone with any excuses not to perform.

Fundamental rights and duties of citizens of the 2 reflects the basic status of the nation in a national life and social life, embodies the basic relationship between citizens and the state. The modern state since the establishment of democracy, as the national member's individual is not only the object of national jurisdiction, is the main source of state power and national rule, which confirm the constitutional basic rights and obligations is the essence of civil subject in the national status, is the basic means and ways of citizen participation in state management. Therefore, the citizens' basic rights and obligations stipulated by the constitution of the depth and breadth, the direct embodiment of the democratization of the depth and breadth of.

The basic rights and obligations of citizens has 3 fundamental, is the basis of the rights and obligations provided in common law, a variety of common law on rights and obligations are the basic rights and obligations as stipulated by the constitution as the source, is the specific constitutional basic rights and obligations. But the constitutional basic rights and obligations of the final implementation relies on the common law rights and obligations. This is determined by the relationship between constitution and common law institute.

4 basic civil rights to restrict state power. State power is refers to the country as the subjects of the constitutional relation for the realization of the functions and powers of the State General legislative power, executive power and judicial power is. The power of state has the characteristics of compulsory and sovereignty.

The relationship between state power and civil rights has different connotations in different periods of the development of human society. In the slave society and feudal society period, the monarch is a symbol of state power, all power to the monarchy, while the monarch's power is conferred by the monarch of God, is God's representative, so monarchy supreme, the unlimited power, people is in no position to surrender to the monarch. As the development of human society to feudal society, with the development of commodity economy, the bourgeois Enlightenment thinkers from humanism, discusses the common origin, the contents of human rights and human rights, and to the human rights theory as the cornerstone, the re definition of the relationship between state power and civil rights, the ascertainment of a citizen's rights prior to the state power exists and is higher than the state power, state power comes from the people, the people built the country for the purpose of protecting the rights of citizens, for the well-being of the people. If the ruler who violates this purpose, people have the right to change or overturn it. According to this theory, the capitalist countries the constitution to confirm the basic rights and norms of the organs of state power of the citizens. Since then, in modern democratic countries, the state power is no longer a despotic power, but a restricted power.

The direct purpose of restricting state power is to prevent the abuse of state power was tend to autocracy, its ultimate aim is to protect the civil right from the infringement of state power. To restrict the state power is to ensure that state organs in the Constitution and law, because the Constitution and laws of the way to restrict the power of the country, and one of the ways is to use the basic civil rights to limit state power, specific performance:

(1) the rights of citizens is the source of national power, the constitution declared that all power belongs to the people, and provides ways and means to exercise power for the people, therefore, the state power of the people and democratic characteristics. The nature of power of state organ is the power of the people, is the people's power of the trustee.

(2) state organs exercise their powers for the purpose of safeguarding the overall interests of the country, to protect the rights of citizens. The Constitution clearly stipulates, the protection of civil rights of state organs through the active exercise of power and exercise their rights as citizens to create conditions in two ways.

(3) the official acts of state organs and their staff if the violation of citizen's property right and personal right, according to law shall bear the liability for compensation, the corresponding time, state organs as a party.

(4) the constitution of the state power and state organs exercise the power mode, method and procedure are stipulated, state organs can only exercise the powers within constitutional bounds, beyond the scope of the provisions of the constitution to exercise the power of unconstitutional, is a violation of the rights of citizens.

　Three, the concept of human rights and human rights in the Constitution

Human rights, in brief, is as natural and social human rights. It includes all aspects of survival rights and the state's political empowerment, economic, cultural rights and freedom, the law generally called citizenship. Human rights as a citizen of a series of rights, has different meanings in different countries, different period. China's human rights as set right to survival, development rights, civil rights, cultural rights and a series of rights. In capitalist countries, human rights and civil rights can be called human rights. In fact, from domestic law and policy perspective, from the general civil rights (including political, economic, cultural, social, life and other rights), modern human rights is by the national laws and policies and to protect the civil rights.

By March 14, 2004 tenth session of the National People's Congress on the second session of the amendment of the constitution, "the state respects and safeguards human rights" as an important content and clear expression. Human rights in constitution, marking the human rights cause China step of a new stage.

　The concept and content of four, the right of equality

Equal right is the citizen equal rights, without any discrimination, rights to equal protection and the principle of state. According to the provisions of the current constitution of our country, equal civil rights include:

Everyone is equal before the law 1. This refers to the legal practice of equality, namely judicial equality and law-abiding equality. It is the essence of, in accordance with the law, people are in equal status in the society, enjoy equal rights in politics, economy, culture etc.. Therefore, equal right is a kind of rule of law, refers to the law gives citizens with the same rights to obtain qualifications in the same conditions, equality before the law is the law within the scope of the equality, not equality in fact.

The 2 equality between men and women. This refers to the citizens in the enjoyment of the rights and obligations of areas not affected by the gender equality, implement. It includes men and women in the political rights, equality in marriage and family relationship of equality, the allocation of labor relations in the equal pay for equal work, education and equal in social status, economic activities, cultural activities and other aspects of equality. China's current "constitution" the forty-eighth stipulation: "the people's Republic of China to the L women enjoy equal pay for men and women in all aspects of political, economic, cultural, social and family life, the training and selection of women cadres." The provisions of the constitution guarantee the realization of equal rights of men and women from the law.

The 3 National equality. This refers to the national regardless of size, advanced and backward, should be fully equal. The right of ethnic equality is one of the manifestations of ethnic equality of citizens, namely each nation that all citizens are equal. Ethnic equality is the basis and premise of political unification of the motherland and national unity, is an important principle in China's ethnic problems and ethnic relations. Therefore, the current constitution of our country gave height to take seriously, in fourth clearly stipulates: "all ethnic groups in the people's Republic of China are equal. The state protects the lawful rights and interests of ethnic minorities, the maintenance and development of equality, unity, mutual relations between the ethnic groups. Prohibition of discrimination and oppression of any nationality, prohibits the destruction of the unity of the nationalities or behavior."

　The concept and content of five, political rights and freedom

Political rights and freedom, is refers to the provisions of the Constitution and the law of citizen participation in national political life and state management, an expression of national affairs, social affairs of the observations and recommendations of the right. According to the provisions of the constitution of our country, the political rights and freedom of citizens are:

1 the right to vote and to be elected

The "constitution" the thirty-fourth stipulation: "the people's Republic of China citizens aged 18 years, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status or length of residence, have the right to vote and to be elected; however, deprived of political rights according to law except."

In China, all state power belongs to the people, people in addition to exercising the rights to participate in the national management, mainly is to the organs of state power through election management way of representing their own representatives, the exercise of state power, realize the people's democratic dictatorship. Therefore, the right to vote and be elected is our country people to participate in one of the most basic means of the management of the country and the most important political rights, it directly reflects the master status of people in the country.

2 political freedom

The "constitution" stipulates that the thirty-fifth, "citizens of the people's Republic of speech, publication, assembly, association, parade, demonstration of freedom." These six political freedom is the expression of the will of citizens, to participate in social and political activities and regular political rights, holds the extremely important status in the national political life.

(1) the freedom of speech

Freedom of speech is refers to citizens through various forms, various issues of national and social freedom of opinion. Broadly speaking, journalism, publishing, book, painting and other free should be included in the freedom of speech. Narrow sense of freedom of speech refers to the expression of ideas and opinions through the language form of freedom. Freedom of speech is a basic form of expression of thought citizen, basic tool is to exchange ideas, information dissemination, it is people, people will form a connection, an important means to improve the management level, promote the national essential to the construction of socialist spiritual civilization and material civilization. In a sense, a national freedom degree reflects the country's democratization degree from one side.

(2) the freedom of the press

The freedom of the press, refers to the citizens to express their ideas and opinions in the form of free publications. It is the extension of freedom of speech, of a deeper and wider than the freedom of speech. So many countries pay special attention to the freedom of the press and established a strict management system, mainly including the preventive and repressive system. The former take prior restraint measures, and through the pre inspection system, licensing system, security system and report system of four specific measures to carry out. The latter take "punishing" approach, namely, free press and publications, but if found illegal, is punished.

(3) the freedom of Association

Freedom of association, refers to the citizens for a certain purpose in accordance with legal procedures, organizing or participating in a sustained community free. Association for different purposes is divided into two kinds, one kind is the for-profit association, the association, by the civil law to adjust; another kind is not objective Association for profit, it can be divided into non political political organizations of political parties and political groups Association and organized religion, literature and art, academic group two class Association, non-profit association which belongs to the range of the constitution adjustment.

(4) assembly, parade, demonstration for freedom

Assembly, parade, demonstration for freedom refers to the citizens in accordance with the law, enjoy with rallies, marches, demonstrations, opinion, expression of common will some political freedom. According to the "Regulations" demonstration law of the people's Republic of China Rally, rally is gathered in a public place in the open air, opinion, expression of the will of the activity; the parade is on public roads, open space marching, express their common aspirations; demonstration refers to the outdoor public places or public roads, to rally meditation, expression, the common wish of protest or support, support for their activities. Assembly, parade, demonstration for freedom of our citizens, is an extremely important political freedom. The state attaches great importance to guaranteeing the citizens to exercise the political freedom, except in the Constitution clearly stipulates that citizens have the freedom of assembly, parade, demonstration, specially formulated through "demonstrations law" of the people's Republic of China Rally put constitutional principles, the freedom and rights of citizens the right to assembly tour riders to be fully protected, at the same time also to standardize the citizens to exercise this right.

The provisions of the six constitution in China, enjoy the freedom of religious belief of citizens

1 religion voluntary. The "constitution" article thirty-sixth paragraph second about "any state organ, social organization or individual may compel citizens to believe or not to believe in a religion, stipulates that citizens shall not be discriminated against religious and non religious citizens", its essence is to make the religious issues become the citizen individual freedom of choice, as individual citizens private affairs.

2 religious activities shall be carried out in the range allowed by the Constitution and the law. The "constitution" the thirty-sixth provisions of the third paragraph: "the state protects normal religious activities. No individual may disrupt public order, impair the health of citizens, or interfere with the educational system of the state of the religious activities."

Dominant 3 religious are not subject to any foreign forces. The "constitution" the thirty-sixth provisions of the fourth paragraph: "religious bodies and religious affairs are not subject to any foreign domination." This is the basic principle of Chinese religious autonomy.

The concept and content of seven, personal freedom

The personal freedom of citizens, is the citizen's freedom, is the citizen to participate in various social activities and enjoy other rights conditions. Under the existing constitution, our citizens freedom of the person of personal freedom, human dignity is not violated, and with personal freedom associated with the inviolability of the residence, the freedom and privacy of correspondence from the protection of the law.

1 citizens' personal freedom shall be inviolable

The "constitution" thirty-seventh stipulates: "citizens of the people's Republic of China enjoy freedom of the people." Because of the personal freedom of citizens are not violated at the core position in the citizens' freedom of the person, the individual freedom can be regarded as the extension of personal freedom. Therefore, the current constitution further specifically stipulates: "any citizen, except with the approval or by decision of a people's Procuratorate or by decision of a people's court, and executed by the public security organ, shall not be liable to arrest. Unlawful detention or deprivation or restriction of citizens in other illegal ways of personal freedom, unlawful search of the body of citizens."

According to the provisions of the "constitution" article thirty-seventh, citizens' personal freedom shall be inviolable, refers to the range of law, citizens and action completely under their command and control, not by the statutory procedures shall not be liable to arrest, detention, search and infringement of freedom. If citizens in violation of the law, need to deprivation or restriction of citizens' freedom of the person, must be strictly according to law. In order to safeguard the personal freedom of citizens are not violated, China's "criminal law", "Criminal Procedure Law", "State Compensation Law" and other special legal provisions on the protection of the personal freedom of a citizen measures.

The dignity of citizens are not violated 2

The "constitution" the thirty-eighth stipulation: "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." Personality refers to a person in law as the main body of the rights and obligations of independent qualification, in short, is the person's qualifications. The personal dignity of citizens, is refers to the citizen as the subject of legal relationship independent qualification should be respected. The law on the right of personality mainly refers to the name, portrait, reputation, honor and personal rights. Human dignity is the minimum life of the rights of citizens. According to the constitution, the personal dignity of citizens are not violated, this is an important condition to ensure the basic rights of citizens to exercise. Therefore, countries in addition to the Constitution provides some principles for the protection of human dignity of citizens, but also through the "criminal law", "civil law" made specific provisions.

3 residential citizens are not violated

The "constitution" thirty-ninth stipulates: "citizens of the people's Republic of China are not violated residential. To illegally search or invade citizens prohibit residential." Citizen's housing is a citizen living, raising children and save the private property of the place, but also their social activities necessary conditions. It is a fundamental right of citizens' personal freedom closely. According to the provisions of the Constitution and the law, citizens inviolability of the residence has three meanings: on the one hand, citizen's housing shall not be arbitrarily invade; secondly, citizen's housing shall not be searched; third, citizen's housing shall not be seized. Even if the investigators in order to perform tasks must according to legal procedures. In addition, China's "criminal law" also stipulates for unlawful search of the residential, or illegally intruding into others' residences, shall be investigated for legal responsibility.

The freedom and privacy of correspondence of 4 of citizens are protected by law

The "constitution" the fortieth stipulation: "the freedom and privacy of correspondence of citizens of the people's Republic of China shall be protected by law." Communication is to keep the contact between citizens, an important way of communication. Ensure the communication freedom and secrecy is conducive to safeguarding the normal order of the society and the vital interests of citizens. Therefore, the constitution to protect the citizens' freedom of communication and secret train into one, and added "except for the needs of state security or of criminal investigation, the public security organ or the procuratorial organ of correspondence in accordance with legal procedures into the stop check, any organization or individual shall not be any reason to infringe upon the freedom of communication and communication secret", at the same time, China's "criminal law" on the protection of civil liberties and privacy of communication made the corresponding provisions.

Eight, the concept and content of social and economic rights

Social and economic rights is that citizens enjoy the right of economic material benefit. These rights have the same degree of national economic situation, material conditions closely, constrained by the level of economic development. According to the provisions of our constitution, which includes:

1 a citizen's right to work

The "constitution" the first paragraph of article forty-second stipulates: "citizens of the people's Republic of China have the right and obligation of labor." Labor right is refers to the quantity and quality of labor paying to have labor ability for citizens to work, labor rights and labor work, as citizens of remuneration rights. Labor is not only the most basic way of citizen to acquire property, but also is the citizen to realize self value and basic way of self-improvement. Therefore, the labor right is an important content of the civil right of survival and development. It is the citizen enjoys the most basic economic rights, is the material basis for citizens to enjoy other rights. The existing constitution about the labor rights of citizens, including the following:

(1) labor is not only the rights of citizens, and the obligations of citizenship.

(2) have the ability to work with the citizens have the right to obtain employment, and have the right according to the size of contribution to society as well as the quantity and quality of labor to obtain the corresponding reward.

(3) the citizen participation in labor and employment training prior to employment with the rights and obligations of the necessary.

2 workers right to rest

The "constitution" the forty-third stipulation: "the people's Republic of China workers have the right to rest. The national development and the rest and recuperation of the facilities, set working hours and off system. '' Rest right refers to the right for the rest and recuperation, it is a necessary condition for the existence of the right. Basic rights as workers enjoy the right to rest, the formation of full unity and labor rights, no right to rest, right of labor is unable to realize. In order to ensure the realization of laborer, the provisions of the state for 8 hours, holidays, home leave and other measures in the labor laws and regulations, but also provides a variety of sanatorium, recreation and cultural entertainment facilities.

3 retirees living guarantee right

The "constitution" article forty-fourth stipulates: "the state in accordance with the law to the workers and staff of enterprises and institutions of the retirement system. The life of the retired personnel is ensured by the state and society." This is a new provisions of the current constitution, it reflects the concern of the state workers, extension workers right to rest, and it is a representation of the superiority of the socialist system. At present, China has promulgated a series of laws, regulations, the retirement age, condition and life after retirement treatment and retired veteran cadres of life after the treatment, the provisions in detail, in order to protect from, retirees exercise this right.

4 material help right

Citizens have the right to material assistance, refers to the citizens in a particular case, with their own labour can not obtain material life, or have access to labor remuneration can not fully meet their own needs, to give money or help in kind by the state and social rights. According to the provisions of the "constitution" article forty-fifth "citizens of the people's Republic of China, in the old, ill or disabled cases. To obtain material assistance from the state and social rights." In order to guarantee the citizens to have the right to material assistance. The state has taken the following measures:

(1) the development of social insurance, social relief and medical and health services.

(2) security disabled soldier's life, provide pensions to the families of martyrs, supporting our military families.

(3) for the blind, deaf, mute and other handicapped citizens to help arrange work, life and education of their.

(4) the helpless elderly and disabled orphans, relief by the government for rural collective organization, but also the implementation of "Five Guarantees" system.

Nine, our basic civil obligations

1 to safeguard national unity and the unity of all the Nationalities

The "constitution" fifty-second stipulates: "citizens of the people's Republic of China is to safeguard national unity and solidarity of all nationalities in the country's obligations." To safeguard national unity is refers to the country's sovereignty territorial integrity and independence, maintain. National unity is refers to various nationalities live together in peace together on the basis of equality, cooperation and mutual assistance. National unity, the unity of the people, which is the basic guarantee for the socialist modernization of victory. Also is the important guarantee to realize the basic rights of citizens. The constitution of the citizens to safeguard national unity and the unity of all ethnic groups of the obligation, is required for each citizen must take safeguarding the unification of the motherland and the unity of all the nationalities as a glory of their duties, and resolutely to sabotage the reunification of the motherland to fight the phenomenon, firmly with the ethnic oppression, ethnic discrimination to fight, fight destroy a nation unity of the nationalities or behavior.

2 abide by the Constitution and the law, keep state secrets, protect public property, observe labour discipline, observe public order, respect social ethics

The "constitution" fifty-third stipulates: "citizens of the people's Republic of China. Must abide by the Constitution and law. Keep state secrets, protect public property, observe labour discipline, observe public order, respect social ethics." The highest criterion requires that the citizen must comply with the Constitution and the law as their behavior of the Constitution and the law, all words and deeds must be in accordance with the Constitution and the legal requirements, as a sacred duty to the country should make the social safeguard the dignity of the Constitution and laws.

The state secrets, refers to the party and the country's security and interests, have not yet been released or not released all kinds of documents, data and information. The conservative state secrets, is to protect state secrets not leaked and not be lost.

Public property, refers to all the ownership by the whole people and collective property. Take good care of public property, a legal obligation is a citizen, it is a moral requirement for citizens.

Labor discipline, is the social production workers must abide by the rules and regulations. Labor discipline is an important guarantee of workers in order to complete the production, work, is an important factor to improve labor productivity, and it is closely related to the immediate interests of workers.

Public order is the social order, it is the ruling class to set up, according to his own will and interests of people should follow the standards of social life. The content includes: the social order, work order, education and research work and life order. Observe public order, national and social stability and unity of the guarantee, is the minimum requirement to safeguard people's lives together, is also the necessary conditions for production smoothly, work, learning. Therefore, comply with the public order is not only a legal duty of every citizen should do, is also the basic moral requirements for each citizen.

Social morality is the social public morality, it is the people living together in the long-term formation and behavior norms for sure by the ruling class. Social morality is the assessment of people's behavior is one of the non standard.

3 to safeguard national security, honor and interests

The "constitution" fifty-fourth stipulates: "citizens of the people's Republic of China to safeguard the security, honour and interests of the obligation, not to harm the security, honor and interests." This is the new increase the existing constitution, the provisions are an important supplement for the new problems emerging in the new situation of opening-up policy down, it requires citizens take to safeguard the security, honour and interests of the obligation, on the other hand is on a few people to seek personal gain, worship, shameful behavior at the expense of national dignity, betray the interests of the nation's restrictions and prohibitions. This provision is one of the construction of socialist spiritual civilization which reflected on the constitution of the content, namely specific and supplement the patriotism education, the right of citizens.

4, defend the motherland, to perform military service and join the militia

The "constitution" the fifty-fifth stipulation: "to defend the motherland, resist the invasion of the people's Republic of China is the sacred duty of every citizen. Military service in accordance with the law and is the glorious duty of citizens of the people's Republic of China to participate in the militia." Defending the motherland, against any enemy that dares to invade China, is the sacred duty of every citizen, in accordance with the law of military service and join the militia, is the actual action citizens directly exercise this responsibility, it is one of the specific requirements of patriotism. Therefore, every meet the solicitation age citizens, should according to the provisions of the military service law "" the people's Republic of China, consciously, actively participate in military service, militia, shall perform their duties of glory.

The 5 tax law

The "constitution" fifty-sixth stipulates: "citizens of the people's Republic of China to pay taxes in accordance with legal obligations." Tax revenue is the main form of revenue in China, is an important means of macroeconomic regulation. Is China's economic construction and the improvement of people's living level, the material source. Therefore, citizens in accordance with legal obligation to pay tax, not only can support the modernization, but also make their material and cultural life level has been improved.

6 other obligations

The Constitution also provides both husband and wife have the duty to practise family planning; the parents bring up and educate their children who are minors obligations, adult children have the obligation to support and assist their parents; education obligations obligations of labor.

　Ten, our basic civil rights and obligations

Extensive in 1 civil rights and freedom

Chinese citizens enjoy extensive rights and freedoms, which is decided by the socialist economic system of public ownership and the state of democratic nature of the. The extensive performance in two aspects:

(1) enjoy rights free very widely. Citizens as a legal concept, it is in the constitution of our country and all the laws, as the subject of rights (and obligations) appear. It includes all the people who were deprived of their political rights, all citizens, which are the main rights legal system in our country. In China, people accounted for the vast majority of our citizens, they enjoy all the rights of the legal provisions of our country.

(2) the scope of citizen's basic rights of constitution confirm and guarantee the very extensive. Such as our citizens enjoy the right of free range related to various aspects of personal, political, economic, cultural, social and family life. These right stipulated in China's constitution in the second chapter. In addition, the "master" and "national institutions" chapter also confirmed, rights of citizens in other aspects, such as the protection of personal property rights, inheritance rights, democratic management right, etc..

The 2 equality of citizens' rights and duties

Equality is an important manifestation of the essence of socialism of our civil rights. The "constitution" thirty-third stipulates: "citizens of the people's Republic of China are equal before the law." One of the basic rights of citizens both in our country, China is one of the basic principles of socialist legal system. It refers to the legal practice of equality, namely judicial and law-abiding equality, it includes citizens enjoy the right and obligation of the equality and the law of equal. Performance for the:

(1) the citizen enjoys the rights and obligations of equality, namely our country citizens regardless of nationality, race, sex, occupation, family background, religious belief, education, property status or length of residence, all enjoy equal rights under the Constitution and the law, are equal to fulfill the provisions of the Constitution and the law obligation.

(2) the state organs in the application of the law on citizens are equal, any legitimate rights of citizens, are equally protected. But for all the crimes, equally be investigated and sanctions.

(3) the state does not allow any organizations and individuals beyond the constitutional and legal privileges, everyone must be in the range of constitution and laws.

The reality of the 3 civil rights and freedom

The characteristics of China's civil rights and freedom of reality, that is to say, the rights and freedoms based on material security and legal basis in reality, has the possibility to achieve the maximum. This characteristic is shown in the following two aspects:

(1) the current constitution in the confirmation of the rights and freedoms of citizens, is from the reality, the level of economic and cultural development and social situation of fully considering our country is in the primary stage of socialism, to confirm the scope, the rights and freedoms of the content and material security problems.

(2) the existing constitution of citizens' rights and duties, law safeguard and the actual material guarantee. For the realization of the rights cannot do without legal protection and material protection. China's constitution provides not only the rights and responsibilities of citizenship, and specific measures to ensure its implementation.

4. The consistency of rights and duties of citizen 

The consistency of rights and duties of citizen refers to the rights and obligations of interdependence, mutual prerequisite, dialectical unification relations can not be separated. The "constitution" the thirty-third stipulation: "every citizen is entitled to rights under the Constitution and the law, at the same time must perform the duties prescribed by the Constitution and the law." This fully reflects the relationship of our civil rights and obligations. The consistency of our civil rights and obligations, in four aspects:

(1) the citizen enjoys the rights and obligations are unified. "Every citizen is entitled to rights under the Constitution and the law, at the same time must perform the duties prescribed by the Constitution and the law." This shows that the rights and obligations can not be completely separated.

(2) the rights and obligations of interdependence. This is mainly on the specific rights and obligations of the. Constitution stipulates parents educate their children who are minors obligations, for children is a kind of right, for parents is a duty; adult children obligation to support and assist their parents, to parents is a kind of right, for children is a duty. Obligations, implementation is right. A party fails to perform the obligations, the other party's rights can not be guaranteed.

(3) the rights and obligations of the combined with each other. This refers to the mutual relation of certain rights and obligations. For example: the constitution of labor is the rights of citizens and the obligations of citizenship; education is not only the rights of citizens and the obligations of citizenship.

(4) the rights and obligations and promote each other, complement each other. In our country, the state, the collective and the consistency of the fundamental interests of the, decided only when citizens enjoy their right to more extensive more secure, arouse the enthusiasm of citizens, citizens perform their obligations to the state and society completely. Similarly, only citizens conscientiously fulfill the obligations of the state, promote national economic development of national culture, in order to better protect citizens to realize their rights, and further expand the scope of the rights of citizens to enjoy.

The ninth chapter of national institutions

One, the concept and characteristics of national institutions

National institutions is the sum of a ruling class of society to achieve its ruling function and set up national management and implementation of ruling function of the state organs. It includes the legislative organs, administrative organs, judicial organs, procuratorial organs and the military authorities etc.. National institutions is the ruling class to achieve the ruling class organization form, has the following characteristics:

First, the bright class nature. It is the ruling class's political organization, and all the members are not social organization, the operation of power and responsibilities are to reflect the interests and will of the ruling class.

Second, history. The state is a social historical phenomenon, is a production, development and extinction; but for the state mechanism to realize the functions of the state set in different periods and its organization and functions are different, and the state changes.

Third, the national organization is a national organization, enjoy special force. The so-called force special, the army, police, prisons, courts are the main content of state violence. Therefore, it is different from such as schools, shops, factories and other enterprises and institutions, the social organization.

Fourth, national institutions with strict organization system. National institutions specific settings, the division of powers and the relations are very complicated, various agencies according to the law of organic whole close, ensure the realization of the basic functions of the state.

Fifth, coordination. National institutions according to the division of functions and powers the constitution, not to disturb each other in the responsibility scope, nature and scope of state power in accordance with the exercise of power and division of different exercise; at the same time the state organs and mutual cooperation, complement each other, to achieve the common goal and operation of constitution.

The principle of organization and activities of two, China's national institutions  

1 the principle of democratic centralism

The "constitution" article third stipulates: "the state organs of the people's Republic of China shall apply the principle of democratic centralism." The democratic centralism is the focus on the basis of democracy under centralized guidance, in a democratic country organization and activity principle, which embodies the dialectical unification of democracy and concentration. The principle of democratic centralism in the organization and activities of state organs is mainly reflected in the following aspects:

First, the relationship between national institutions and the people, reflecting the state power comes from the people, by the people's national institutions.

Second, in the national institutions, organs of state power is the core.

Third, the relationship between the central and local institutions in the implementation, "division of the central and local state organs, followed in the unified leadership of the central government, give full play to the initiative, enthusiasm of the local principle".

2 contact with the masses, principle of serving the people

The "constitution" the twenty-seventh stipulation: "all state organs and functionaries must rely on the support of the people, keep in close touch with the people, listen to their opinions and suggestions, to accept the people's supervision, and strive to serve the people." This is the national institutions in close contact with the masses, constitutional basis for people's service organization principle. This principle is embodied:

First, we must establish close ties with the masses in thought, all thought of serving the people, realize the power in their hands from the people to.

Second, the state organs and staff should adhere to the principle of "from the masses, methods of work to the masses". According to the people's wishes and interests, based on through the crowd came to the masses to repeatedly, formulate feasible laws, regulations, policies and measures.

Third, extensively absorb the people participate in the management of state and accept the supervision of the people.

3 the principle of responsibility

The principle of liability refers to the state organs and their staff in accordance with the law on the exercise of powers, to perform the duty of responsibility principle. The existing constitution, all state organs must implement the system of responsibility for work. Due to the nature of the exercise of various state organs of state power, China's constitution stipulates two kinds of responsibility, namely collective responsibility and personal responsibility.

Collective responsibility is the collegiate system of organs in the decision problem, discussed by all the members of the collective, decide in accordance with the principle of majority rule. Each member of the collective organization of equal status and rights, nobody has the special rights, the collective responsibility. The National People's Congress and its Standing Committee, the local people's Congress and its Standing Committee in exercising their functions and powers, is a collective leadership and collective responsibility.

Personal responsibility is also known as the chief of. It refers to the state of certain organs in the exercise of authority, a leading system decided by the chief and responsible. The chief of a clear division of labor, in the implementation of decisions can avoid unmanned and responsible or shirk responsibility phenomenon, can give full play to the wisdom and ability, improve work efficiency. According to the provisions of the constitution, the State Council and its ministries, commissions and the Central Military Commission and the people's governments at all levels are responsible for the implementation of personal business.

The 4 principles of the rule of law

According to the law, the law, strict law enforcement, law is the essential requirement of socialist rule of law. As a socialist rule of law principles to l organizations and activities is to the organization and activities of institutions in the country in strict compliance with the law, the law, strict law enforcement, violators are prosecuted principle. This principle is embodied:

First, according to the organization and the establishment of the state organs and their functions, do everything in the exercise of state power organs have the constitutional and legal basis for the people, to prevent any establishment.

Second, the state legislature to further strengthen the legislation work under the conditions of market economy, perfect the legislation system, constantly improve the socialist legal system, make the organization and activities of state organs have a clear legal basis.

Third, all state organs Authority should have a legal basis, state organs can only exercise the Constitution and the law of the authority, shall not in any way beyond the constitutional and legal privileges.

Fourth, various state organs at all levels must according to procedures for the exercise of constitutional and legal authority, act in strict accordance with the law.

Fifth, the organs of state power to strengthen legal supervision, to ensure the other state organs in the range of constitution and laws.

5 streamlined and efficient principle

"The constitution" the twenty-seventh stipulation: "all state organs carry out the principle, the system of responsibility for work, carry out staff training and examination system, improve the quality of work and efficiency, oppose bureaucracy." Do well the organization reform, overcome bureaucracy, be honest, diligent, improve work quality and efficiency are the basic requirements for streamlining and efficiency principle. The streamlining of agencies, institutions reform must do:

First, in accordance with the economic system reform and the separate principle, the specialized agencies and reduce internal professional management and comprehensive department, the government of the enterprises from direct management to indirect management.

Second, we must implement the principle of simplification, set in accordance with the law mechanism, Dinggang quota, changing the state organs, more personnel than work available, bloated, overlapping responsibilities unclear, mutually making excuses, low efficiency, serious bureaucracy situation.

Third, the system of responsibility for work, so that each state organs and their staff to complete the functions and tasks, clear responsibilities and authority, each state organs and their staff to do rule-based, carry out their duties, the responsibility.

Fourth, the reform of the cadre and personnel system, improve and extend the national civil service system.

　Three, the National People's Congress, the nature, composition, tenure status

The nature, status of the 1 National People's Congress

The "constitution" stipulates: "the National People's Congress of the people's Republic of China is the highest organ of state power"; "the Standing Committee of the National People's Congress and the National People's Congress exercises the legislative power of the state". This indicates that the nature of the National People's Congress and its position in the whole national institutions, the National People's Congress is the highest organ of state power, any other state organs are not beyond the National People's Congress and its Standing Committee, nor with parallel. Specific performance in the following areas:

(1) the National People's Congress is the representative of the people of the whole country, unified the exercise of state power. The people of the whole country in accordance with the "election law" provisions, composed of representatives of the National People's Congress in the general election is generated on the basis of it, by the will of the people into the laws of the state, to realize the people's state power at.

(2) the National People's Congress exercises

Right is the highest state power, mainly for only the National People's Congress and its Standing Committee to exercise the legislative power of the state.

(3) the National People's Congress shall exercise the highest decision, the power and the.

(4) the other state organs which exercise the power of the National People's Congress, are given in accordance with the law, supervise the organs of state must accept the National People's Congress, the formulation of National People's Congress and its Standing Committee of laws and resolutions, other state organs must comply with.

2. Composition, the term of the National People's Congress

The "constitution" the fifty-ninth regulation, the National People's Congress is composed of Deputies of province, autonomous region, municipality directly under the central government, Special Administrative Region and the military elected. The representative of the National People's Congress is the basic geographical representation and occupation representation (forces) combination, representation and geographical representation based.

The provisions of the Constitution and the electoral law, all the minority nationalities are entitled to appropriate representation on the National People's Congress, a small ethnic minority should have at least 1 representatives. Ways of National People's Congress delegates and representatives shall be prescribed by the electoral law, not more than 3000. Allocation of delegates is based in accordance with the proportion of population, and properly take care of ethnic groups, the proportion of the population between urban and rural areas and some areas of difference.

The existing constitution, the National People's Congress two months before the expiration of the term of office of the NPC Standing Committee, the National People's Congress must be the next election. If you cannot have the election is over, most by the Standing Committee of the National People's Congress to all members of the 2/3 pass, can postpone the elections, the National People's Congress extended the term. In the very situation after the end of the 1 years, must complete the next National People's Congress election.

　Four, the National People's Congress the power

According to the relevant provisions of the constitution, the National People's Congress's authority:

The 1 legislative power

The legislative power of the National People's Congress includes two aspects:

(1) to amend the constitution. "The constitution" stipulates that the sixty-fourth amendment to the constitution, the NPC Standing Committee, or more than 1/5 of the deputies to the National People's Congress proposed by the National People's Congress, and to most of the above all represent 2/3 of the.

(2) to enact and amend basic laws. The provisions of the constitution of the National People's Congress has the power to enact and amend the criminal, civil, the state organs and other basic laws. The basic law plays an important role in our legal system, involving all areas of our social life, by the National People's Congress enacted the basic law embodies the authority of this part of the law, but also conducive to maintaining the unity of the socialist legal system, stability, seriousness and effectiveness.

2 power of appointment and removal of personnel

The National People's Congress is the highest organ of state power, enjoy a wide range of power of appointment and removal of personnel. According to the provisions of the constitution, the National People's Congress has the power to the Standing Committee of the National People's Congress election, the election of chairman; vice president of PRC; according to the president's nomination, decision of the State Council prime minister; according to the nomination by the premier, the decision of the State Council and other members of the Central Military Commission; President; according to the the chairman of the Central Military Commission's nomination, decided to other members of the Central Military Commission candidates for election; the Supreme People's court and the Supreme People's procuratorate. The above personnel, the National People's Congress has the power to recall in accordance with legal procedures. According to the law, the recall must be put forward by the presidium of the National People's Congress or represent more than 3 or more than 1/10 group representatives, submitted by the presidium to review, and by a majority vote of all the deputies agreed, to pass.

The decision problem of 3 countries

The National People's Congress is the highest organ of state power, has the important things of national decision power. The National People's Congress have the right to decide on the following aspects: the budget and its implementation to examine and approve the state report. Have the right to the approval of the provincial, autonomous region and municipality directly under the central government institutions; the establishment and the system determines the special administrative region. The National People's Congress also has the power to decide the question of war and peace.  

4 Supervision

The National People's Congress on the country the right to exercise maximum supervision. On the basis of the Constitution and law, the implementation of the National People's Congress supervision of constitution; the National People's Congress supervision of the NPC Standing Committee, the State Council, the Central Military Commission, the Supreme People's court, the Supreme People's procuratorate. The Standing Committee of the National People's Congress, the State Council, the Supreme People's court and the Supreme People's Procuratorate to the National People's Congress shall be responsible and report on their work, the Central Military Commission shall be responsible to the National People's congress. The National People's Congress has the power to alter or decided to cancel the Standing Committee of National People's Congress does not appropriate. When necessary, investigation committee organization specific problems, in order to supervise the major problems in national life.

5 should the exercise of authority

Because the country life is complicated, it is difficult to predict the problems that would arise. So, the constitution could not enumerate all the National People's Congress authority. As the important guarantee of the National People's Congress has the right to the Constitution did not specifically enumerated powers, the constitution, the National People's Congress and the exercise of the right of the Constitution and the law are not clearly defined, but in the nature of the highest organ of state power should exercise of powers. The general clause provides constitutional basis for people to deal with some new problems, also shows that the legal status of the National People's Congress and the supreme.

　Five, the National People's Congress Standing Committee nature, status, composition, term of office

The nature and position of the Standing Committee of the 1 National People's Congress

The Standing Committee of the National People's Congress is the organ of the Standing Committee of National People's Congress is the highest organ of state power, recurrent. During the National People's Congress meeting, the State Council, the Central Military Commission, the Supreme People's court and the Supreme People's Procuratorate is responsible to the National People's Congress, accept their supervision. Legislature is the state, the resolution and laws, other state organs and the people must obey.

The Standing Committee of the National People's Congress and the National People's Congress is the subordinate relationship. The Standing Committee of the National People's Congress must submit to the National People's congress.

Composition and term of office of the Standing Committee of the 2 National People's Congress

The Standing Committee of the National People's Congress by the election committee of the National People's Congress, vice chairman of a number of people, the Secretary General and the members. These members must be the deputies to the National People's Congress, and by each session of the National People's Congress meeting elected. The Constitution also provides that, in the members of the Standing Committee of the National People's Congress shall be in, ethnic minorities are entitled to appropriate representation. The provisions of the constitution, members of the Standing Committee of the National People's Congress shall hold office in state administrative, judicial and procuratorial organs.

The Standing Committee of the National People's Congress's term as the National People's Congress, for 5 years. However, the Standing Committee of the National People's Congress and the National People's Congress on the end of his term in time and a slightly different. The first meeting of the new session of the National People's Congress, the National People's Congress appointment is terminated. But the last of the National People's Congress Standing Committee will be produced at the National People's Congress elected the new Standing Committee, to the end. Accordingly, the NPC Standing Committee is responsible for convening the first meeting of the next session of the National People's Congress, together so as to make the National People's Congress of the work, not because of the handover and interrupt.

The Standing Committee Chairman, vice chairman, secretary general and members can be re elected. But the existing constitution, the chairman, vice chairmen of the Standing Committee shall serve no more than two consecutive.

　Six, the National People's Congress Standing Committee's authority

The 1 interpretation of the constitution, supervise the enforcement of the Constitution

The constitution is the fundamental law, the interpretation rights only by specific with the authority of the state organs to exercise. And to interpret the Constitution and

Supervise the enforcement of the Constitution and is closely linked to. According to the provisions of the constitution, the implementation of the National People's Congress and its Standing Committee have the right to supervise the. But the National People's Congress held a meeting every year only 10 days, not for work. Therefore, the authority of Constitution gives the National People's Congress Standing committee.

2 according to the scope of the constitution to exercise legislative power

The Standing Committee of the National People's Congress has the power to enact other laws besides the basic law enacted by the National People's Congress, and during the meeting at the National People's Congress, have the right to make some modifications and supplements to the basic law enacted by the National People's Congress, but not with the basic principles of the law of conflict.

The 3 interpretation of the law

Interpretations of the Standing Committee of the National People's Congress law, is not limited to its own laws, including enacted by the National People's Congress of the law. Because of the Standing Committee of the National People's Congress is the organ of the Standing Committee of National People's Congress, fully understand the intention of the National People's Congress legislation, to make the accurate interpretation. According to the "legislation law" provisions of article forty-second, the Standing Committee of the National People's Congress to interpret the law, refers to the law itself requires further specific meaning or legal matter formulated after the emergence of new circumstances and needs a clear legal basis for the explanation of the.

The constitutionality and legality of the 4 inspection and supervision of administrative regulations, local regulations

Administrative regulations formulated by the State Council must not conflict with the Constitution and the law; local laws and regulations making organs of state power of provinces, autonomous regions, municipalities directly under the central government's, nor with the constitution, laws and administrative regulations conflict. This is the basic guarantee to safeguard the socialist legal system. Therefore, the National People's Congress and its Standing Committee have the right to cancel the formulated by the State Council with the constitution, the law of the administrative regulations, decisions and orders; has the right to the organs of state power of provinces, autonomous regions, municipalities directly under the central government shall formulate the revocation with the constitution, laws and administrative regulations conflict with local regulations and resolutions.

5 on the plan for national economic and social development and the state budget partial adjustments to the plan for approval

In principle, only the National People's Congress has the authority to review and approve the plan for national economic and social development, review and approval of the state budget. But any plan, no matter how careful, detailed, are hard to predict possible situations, should be tested in practice, and make some changes when necessary. Therefore, the provisions of the constitution, when the National People's Congress is, the Standing Committee of the National People's Congress has the power to review and approve the plan for national economic and social development and the state budget must be done in the process of implementation of the partial adjustment.

6 personnel appointment and removal power

During the close session of the National People's Congress, the Standing Committee of the National People's Congress shall have the right to State Council upon nomination by the premier, the decision of the State Council Secretary, committee director, the auditor general, Secretary General of the candidate; according to the chairman of the Central Military Commission of the Central Military Commission decided to nominate, the choice of the other members; according to the president of the Supreme People's Court nomination Supreme People's court, vice president, judges, members of the judicial committee and the president of the military court; according to the procurator general of the Supreme People's Procuratorate long drawn, supreme people's Procuratorate, deputy inspector, long procuratorial committee and the chief procurator, and the approval of the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate. The appointment and removal of.

7 Supervision of the work of state organs

The specific form of the Standing Committee of the National People's Congress supervision right has four:

(1) during a session of the Standing Committee of the National People's Congress, the Standing Committee of the lO or more deputies can put forward written inquiries to the State Council and its ministries and commissions, the Supreme People's court, the Supreme People's procuratorate;

(2) of the State Council, the Supreme People's court, the Supreme People's Procuratorate on each standing committee meeting, around the hot issues of economic construction and people's concern, to the Standing Committee of the National People's Congress work report;

(3) the National People's Congress and its Standing Committee have the right to cancel the formulated by the State Council with the constitution, the law of the administrative regulations, decisions and orders;

(4) to carry out law enforcement inspection.

The decision of other important issues in 8 countries

During the close session of the National People's Congress, the Standing Committee of National People's Congress has the power to approve or abrogation of treaties and important agreements concluded with foreign states; decided to appoint plenipotentiary representatives abroad; for military and diplomatic personnel rank system and other special rank system; provisions and decisions confers state medals and titles of honor; decided to pardon; if an armed attack on the country or countries must perform to prevent aggression treaty, have the right to decide to declare a state of war; decision of the national total mobilization and partial mobilization; decision of the national or individual provinces, autonomous regions and municipalities directly under the state of emergency.

Other functions and powers as the National People's Congress granted 9

The constitution should greatly strengthen the Standing Committee of the National People's Congress the power, specific performance in:

First, the provisions of the Standing Committee of the National People's Congress has the power to make and change in addition to other than the laws enacted by the National People's Congress law; when the National People's Congress is, have the right to establish the National People's Congress law and amendments, review and approve partial adjustments to the plan for national economic and social development plan and the state budget must be done during execution.

Second, the implementation of the provisions of the Standing Committee of the National People's Congress has the power to supervise the constitution; when the National People's Congress is, has the right to decide the nomination by the premier, ministers, committee director, the auditor general, the Secretary General candidate, etc.. Supervising the constitution before the National People's Congress Standing Committee the power to interpret the constitution only, decide right just decided to "individual".

Seven, the National People's Congress on behalf of the rights

Attended the 1 session of the National People's Congress, exercising their functions and powers according to law. The delegates entrusted by the people, to attend the sessions of the National People's Congress, the bill submitted to Congress to review all discussion, comment, voting, to decide on the major issues leading candidates for the central state organs and the life of the country.

2 according to the provisions of the Constitution and the law program proposals, suggestions and comments. "The National People's Congress organization law" and "the Tenth National People's Congress rules" provisions of article twenty-first, a delegation or a group of 30 or more deputies, can put forward to belong to the scope of functions and powers of the National People's Congress of a bill to the National People's congress. Deputies to the National People's Congress of the National People's Congress and its Standing Committee work, has suggestions, comments and criticism on the right; the suggestions, comments and criticism, by the Standing Committee of the National People's Congress is responsible for the implementation of.

3 in accordance with legal procedures or ask questions. During the sessions of the National People's Congress, a delegation or a group of 30 or more deputies may submit a written proposal, the leaders of each department of the State Council or the inquiries, the presidium decided to pay from the organ in question or make a written reply, leaders of the organs in the meeting of the Presidium or the relevant special committee meeting the delegation or oral reply at the meeting. Reply in the meeting of the presidium or meetings of the special committees, representing a bill of inquiry of the delegation or a bill of inquiry can attend the meeting, comment. "Representation" and "the National People's Congress rules of procedure" also stipulates, in consideration of the motion and report, may address inquiries to the relevant state organs. The relevant departments shall send personnel to, listen to the views of Representatives, answer inquiries.

4 recall according to law. "The representative law" provisions, the National People's Congress has the power to personnel, chairman, vice-chairman of people's Republic of China in accordance with the procedures prescribed by law to the Standing Committee of the National People's Congress, the members of the State Council, members of the Central Military Commission, the Supreme Court of the recall, the Supreme People's Procuratorate.

5 special protection for personal rights. The National People's Congress without the procedures prescribed by law, shall not be liable to arrest or criminal trial. According to the "constitution" and "National People's Congress organization law", "the representative law" regulation, during the session of the National People's Congress, not after the president of the National People's Congress meeting group permission, when the National People's Congress is, without the Standing Committee of the National People's Congress of the license, the National People's Congress representative shall not be liable to arrest or criminal trial. If because of the National People's Congress is the current prisoners detained by public security organs, executive detained must immediately to the National People's Congress meeting of the presidium or immediately report to the Standing Committee of the National People's congress.

6 speech exemption. According to the constitution, the National People's Congress to speak and vote in the National People's Congress meetings will not be investigated by law. This right for delegates to eliminate ideological concerns, speak one's mind freely, independent, responsible for the exercise of their rights is very necessary.

7 and when performing their duties, according to enjoy the appropriate subsidies and material facilities needed rights.

8 other rights. If the visit, inspection etc.. On behalf of the visit or problems found in inspection work, can be submitted to the relevant state organs, when necessary, can be reported to the NPC Standing committee.

　The status and authority of eight, President of the

The 1 president's position

The people's Republic of China, is an important part of national institutions of the people's Republic of China belongs to the Chinese authorities, countries with the highest category. The people's Republic of China president holds the state power is not personal, but a separate state organs, internal and external on behalf of the state. The Standing Committee of the people's Republic of China, chairman of the National People's Congress combined with exercise of state power.

The president of the people's Republic of China authority 2

(1) to promulgate laws, orders

The law by the Standing Committee of the National People's Congress or the National People's Congress formally adopted shall be promulgated by the president. According to the national chairman of the Standing Committee of National People's Congress decision, release effects, mobilization, declared a state of emergency, to declare a state of war.

Amnesty is a measure of the specific criminal penalty pardon all or part of punishment. Emergency refers to meet war or meet other exceptional circumstances, special measures are taken to national or local. National or individual provinces, autonomous region, municipality directly under the central government of the state of emergency by the Standing Committee of the National People's Congress decision, announced by the president in a state of emergency. Mobilization order is the result of war or for other special situation, in the very measures taken in national or local area. General mobilization and partial mobilization by the Standing Committee of the National Peoples Congress, released by the president's mobilization order. To declare a state of War refers to the president according to the Standing Committee of the National People's Congress's decision, announced that a country or a group of countries at war.

2 Ren Mianquan

The appointment and removal of members under the State Council and plenipotentiary representatives abroad, premier of the State Council, vice premier, state councilor, various ministries and commissions, the auditor general, secretary general, deputy to the National People's Congress or the Standing Committee of National People's Congress formally identified candidate, announced the appointment or dismissal of the president. According to the national chairman of the Standing Committee of National People's Congress's decision, the recall of ambassador or sent.

(3) Foreign Affairs

President of state activities on behalf of the state, receiving foreign envoys. Accept foreign envoys the ceremony also called credentials ceremony. According to the national chairman of the Standing Committee of National People's Congress's decision, announced the approval of or abrogation of treaties and important agreements. But it must be clear, treaties and agreements with different. The treaty is refers to the rights and obligations agreed upon in the various interaction between relevant countries on the country, the agreement reached between the. A formal agreement is a treaty in the broad sense, but sometimes the agreement between the government of the special administrative agreement. The conclusion of the agreement is relatively simple procedures, unless the parties to determine the subject to the national representative institution for approval, can come into general sign.

4 Rong Dianquan

According to the national chairman of the Standing Committee of National People's Congress's decision, on behalf of the state to those who had major meritorious service to the state of the awarded the medal of honor and glory.

According to the provisions of the constitution, the vice chairman of the national powers no independent, his duty is to assist the president to work. Vice chairman may be commissioned by the president's executive chairman, replacing part of the powers, such as the place of the president, receiving foreign envoys. Vice chairman of the national chairman exercise of authority, have the equal legal status with the president, his treatment of state has the same legal effect with the president.

(5) of the people's Republic of China Chairman

According to the constitution, the president is vacant, the vice president succeeds to the office of vice president; when, from National People's Congress; vice chairman, President, the lack of time, from National People's Congress; election before, by the National People's Congress vice president position. Position of member of the Standing Committee of the National People's Congress long acting state president is identical with the president, various state he treated with equal legal effect with the president.

Nine, the nature, status, functions and powers, the term

"The constitution" the eighty-fifth regulation, the State Council of the people's Republic of China, or the Central People's government, is the executive body of the highest organ of state power, is the highest organ of state administration. This provision indicates the nature and status of the state council.

First of all, the State Council is the Central People's Government of China, the national government's foreign name of activity, the unified leadership of the local people's governments at all levels;

Secondly, the State Council is the executive body of the highest organ of state power, indicates that it belongs to the highest organ of state power, the highest organ of state power and responsible and report on their work;

Finally, the State Council is the highest administrative organ of the State Council, that is in the highest position in the system of the administrative organs of the state, ministries, commissions and local administrative organs of the unified leadership of the State Council work.

The State Council of the people's Republic of China by the prime minister, Deputy Prime Minister of state councilor, several people, each ministries and commissions, the auditor general, the Secretary General. The premier of the State Council according to the president's nomination, decided by the National People's congress. The deputy prime minister, State Councilors, ministers, commissions, the auditor general and Secretary General of State Council upon nomination by the premier, decided by the National People's congress. When the National People's Congress is, according to the nomination by the premier, the Standing Committee of National People's Congress, committee director, Secretary of the auditor general and the Secretary General's appointment. After the premier of the State Council, vice premier, state councilor, various ministries and commissions, the auditor general and the Secretary General of the National People's Congress or the Standing Committee of National People's Congress by the appointment or removal of the decision, by the president of the people's Republic of China announced the appointment and removal of.

The people's Republic of China, the State Council's term of office and the National People's Congress of the same term is 5 years. Term expires, decided by the National People's Congress, the State Council is composed of the new. The State Council's term as the National People's Congress for the replacement of the same term, the State Council, and to the National People's Congress and its Standing Committee and the State Council to carry out the work. According to the constitution, the prime minister, deputy prime minister, member of the State Council shall serve no more than two consecutive.

The State Council of the functions and powers:

The formulation of the 1 administrative regulations and publishing rights

The provisions of the 2 administrative measures right

The 3 proposal right

4 for the Ministry, commission and the local administrative authorities at all levels of leadership and supervision

5 on defense, civil, cultural, economic and other work of the leadership and management right and management right of Foreign Affairs 

6 administrative personnel appointment and removal, incentive  

Other powers granted by 7 of the highest organ of state power

　Ten, the local people's congresses of the nature, status, functions and powers, the term

The nature and position of the 1 local people's congresses at various levels

Local people's congresses refers to the provinces, autonomous regions, municipalities directly under the central government, autonomous prefecture, county, Autonomous County, city, city, District, township, nationality township, Town People's congress.

According to the constitution, the local people's congresses at various levels are the local organs of state power. The local organs of state power is composed of the elected representatives of local people in a certain administrative region of the people's exercise of state power and local people's congresses at various levels. It constitutes our organs of state power system with the National People's congress. The local people's Congress plays an important role in the administrative area, have the right to represent the local people's will, decide on the major issues in the region, in the administrative area to ensure compliance with and implementation of the constitution, laws and administrative regulations; administrative organ of the state, the local judicial organs, procuratorial organs are generated by it, subject to its supervision, to be responsible for. The nature and status of the local people's congresses, both to ensure it to exercise unified belongs to the people of the state power, unity of the central and local, to adapt to the local characteristics, provides the basic guarantee to play an active and local initiative.

Composition and mandate of 2 local people's congresses at various levels

Local people's congresses at various levels is composed of deputies elected by the people. On behalf of the province, autonomous region, or municipality directly under the central government, autonomous prefecture, located in the City District of the people's Congress of the people's congresses elected by the lower. On behalf of the county, Autonomous County, city not divided into districts, municipal districts, townships, nationality townships, the town people's Congress directly elected by voters. Provinces, autonomous regions, municipalities directly under the central government of the people's Congress is composed of 350 1 000 representatives, autonomous prefecture, located in the City District People's Congress delegates in 40 ~ 650. County, Autonomous County, city not divided into districts, city people's Congress delegates from 120 to 450 (a very small population area can be less than 120 people), township, nationality township, Town People's Congress from 40 to 130 representatives (a very small population area is less than 40). Specific number of people's congresses at various levels shall, by the province, autonomous region, or municipality directly under the central government of the people's Congress Standing Committee in accordance with the ease of meeting, discuss and solve the problem principle, identified in the representation within the range, and report to the National People's Congress for the record. The people's congresses term of 5 years.

3 local people's congresses authority

(1) ensure the observance and implementation of the constitution, laws and administrative regulations, ensure the state plans and budget execution. Local people's congresses at and above the county level have the right to change or revoke the decision of the Standing Committee of the NPC is not appropriate.

(2) the right to formulate local regulations.

(3) the decision on major issues.

(4) the power of appointment and removal of personnel.

(5) supervision.

(6) other functions and powers.

　Eleven, local people's governments at all levels of the nature, status, functions and powers

The status, 1 local people's governments at all levels

According to the constitution, the people's governments at all levels are the executive bodies of local organs of state power at all levels of administrative organs, is the local state.

As the executive bodies of local organs of state power at all levels, it is produced by the organs of state power, the people's congresses at the corresponding levels are responsible and report on their work. The local people's governments at or above the county level in session of the NPC should be responsible and report on their work to people's congresses at the corresponding levels in. Matters by the state authority regulations, resolutions and assigned, local people's governments at all levels must be performed. As the administrative organs of the local state, except for the people's Congress at the corresponding level, but also on the state administrative organs at higher levels shall be responsible and report. Local people's governments at various levels throughout the country are state administrative organs under the unified leadership of the State Council, obey. The local people's governments at various levels shall be responsible for the dual system is decided by the characteristic of the system of people's Congress and the national administrative power.

2 local people's governments at various levels of authority

(1) the execution of the people's Congress and its Standing Committee's resolutions and decisions and orders of the state organ at a higher level, the provisions of administrative measures, issue decisions and orders. The people's governments of provinces, autonomous regions, municipalities directly under the central government and the provincial, autonomous region government seat of the city and large cities approved by the State Council, according to the laws and administrative regulations of the State Council, formulating rules.

(2) the leadership of the departments under the people's government at a lower level and work.

(3) to change or revoke the departments affiliated to inappropriate orders, directives and the lower level people's Government inappropriate decisions and orders.

(4) according to the appointment, training, staff appraisal and incentive of state administrative organs.

(5) implementation of the national economic and social development plan, budget, management of the administrative areas of economic, educational, scientific, cultural, health, sports, environmental and resources protection, urban and rural development, finance, civil affairs, public security, national affairs, judicial administration, supervision, family planning and other administrative work.

(6) property protection socialist property owned by the whole people and collective, protect the lawful private property of the citizens, the maintenance of social order, the protection of civil rights, democratic rights and other rights.

(7) to protect the legitimate interests of various economic organizations.

8 Protection of the Constitution and the law of equality between men and women, equal pay for equal work the rights and freedom of marriage.

9 other matters assigned by the state administrative organs.

　　The concept and characteristics of twelve, grass-roots mass self-government organizations

Autonomous mass organizations at the grass-roots level is in accordance with the relevant provisions of law, to urban and rural residents (Village) must live as the link establishment and range, and the residents elected members (villagers) composition, practice self-management, self-education, self-service social organization. Autonomous mass organizations at the grass-roots level has the characteristics as follows:

1 grass-roots mass self-government organizations are the masses of the social organization, different from the government organizations and other political, economic and social organization. National political organization is based on a certain administrative division as the foundation, in order to realize the function of the state for the purpose of social organization. Other political, economic organization is established and the specific political, economic objective based on the social organization. Autonomous mass organizations at the grass-roots level is the residents and villagers residence for the foundation, build and a range of residents and villagers social life need based, the purpose is to solve the social problem of public affairs and public welfare undertakings residence within the scope of the. It is not by administrative division as the foundation, also does not have the special political and economic purposes. So it is the social organization. It differs from organized by sex, age, occupation, professional and other mass organizations.

2 autonomous mass organizations at the grass-roots level is an autonomous nature of social organization. Autonomy is its biggest characteristic. This autonomy is mainly manifested in the following three aspects:

First, the grass-roots mass self-government organizations do not belong to the grass-roots administrative region within the state organs, not their subordinates or subordinate organization.

Second, for the internal relationship between mass self-government organizations at the grass-roots level, which is based on the residents and villagers voluntarily, through self management, self education, self - service and other ways to realize autonomous organization form, its subject is the residents and villagers.

Third, from the autonomous content, grass-roots mass self-government organizations in the community to live within the scope of the comprehensive, autonomous.

3 grass-roots mass self-government organizations have the characteristics of basic. This feature is mainly reflected in two aspects:

First, from the organizational system, both the villagers' committee or residents' committee, no parent organization, but there is no unified organization of regional or nationwide, unlike the trade unions, women's federations and other mass organizations, in addition to grass-roots organizations, and the regional and national organization.

Second, from the content point of view, grass-roots mass self-government organizations are engaged in the work, is the public affairs and public welfare undertakings residents and villagers within the community.

The nature and position of the thirteen, the people's court and people's Procuratorate

The nature and status of the 1 people's court

"Constitution" regulation, the people's court is the judicial organs of the state. Jurisdiction is an important part of national power, which is mandatory. The specific way of people's court to exercise the judicial authority of the state organs of state power to complete the assigned task, specifically refers to the power of the people's court in accordance with the procedures prescribed by law, to hear and decide criminal cases, civil cases, economic cases and administrative cases. Because of the national judicial authority in relation to the unity and dignity of national legal system, related to the development of the people's democratic dictatorship and consolidation of the socialist modernization, so only by the people's court special organs to exercise. Any non judicial organs, social organizations and individuals have no right to exercise the judicial authority of the state. At the same time, all citizens have the right to refuse illegal trial from the people's court, but the people's court in accordance with the legal procedures of the trial must be.

The nature and status of the 2 people's Procuratorate

The people's Procuratorate is the legal supervision organ, is a part of national institutions. The power of legal supervision is a kind of power countries to safeguard the enforcement of the Constitution and laws, known as the procuratorial power. To supervise the state organs at all levels, the staff of state organs and citizens to abide by the Constitution and law, the procuratorial organs of the procuratorial power. The nature of people's Procuratorate is mainly reflected in the following several aspects of the exercise of the functions of:

First, the people's Procuratorate for crime of state functionaries by taking direct acceptance, investigation. According to the second paragraph "provisions of the criminal procedure law of the people's Republic of China" in eighteenth of these cases, including: (1) the crime of corruption and bribery. (2) national staff malfeasance. (3) the State functionary carry encroaches upon the citizen personal rights and the democratic rights of the crime. (4 other major crimes) state functionary carry case directly accepted by the people's Procuratorate, needs, and more people by the provincial procuratorate decides, also by the people's Procuratorate accepted. The people's Procuratorate accepts the investigation is a kind of common law supervision, this is a regular job.

Second, supervision of investigation. The people's Procuratorate to the criminal investigation activities of public security organs is legal to carry on supervision; to review the investigation by the public security organ case, decide whether to arrest and prosecution, the criminal suspect, also is the public security organs of the investigation activities to carry out supervision and.

Third, to support the prosecution and trial. The people's Procuratorate prosecution of criminal cases, the procuratorial organs shall send people to court to support the public prosecution; judicial activities of a people's court is legal supervision. The Supreme People's Procuratorate, the people's courts at all levels a legally effective judgment and ruling, the people's Procuratorate for an inferior people's court for a legally effective judgment or ruling, if mistakes are found, should be in accordance with the procedure for trial supervision protest.

Fourth, the prison supervision. The people's Procuratorate to the criminal case verdict, the execution of the ruling and prisons, detention, reeducation through labor departments supervise the legality. If found to have illegal, it shall notify the competent authority to correct or.

The tenth chapter national symbol

A flag and the flag, "method"

The national flag of the people's Republic of China is the people's Republic of China is the symbol and. Our flag is the first plenary meeting in September 27, 1949 China people's Political Consultative Conference by determined, that is our country after the four constitution.  

The national flag of the people's Republic of China is a red flag with five stars, symbolize the great unity of the whole people. After the founding of new China four constitutions, are focused to confirm the five-star red flag as the national flag of the people's Republic of china. The five-star red flag is the revolutionary victory banner, marking the great motherland and the inviolability of the dignity, the five-star red flag fluttering in the sky of the great motherland, a symbol of national independence and territorial integrity. Respect the national flag, care for the national flag is the sacred duty of citizens of the people's Republic of china.

In order to maintain the dignity of the national flag, enhancing citizens' consciousness of the state, carry forward the patriotic spirit, June 28, 1990 seventh session of the fourteenth meeting of the NPC Standing Committee passed the "Flag Law of people's Republic of China" (hereinafter referred to as the "Flag Law"), and the decision shall be implemented as of October 1, 1990.

China's "National Flag Law" the main provisions of the national flag hanging,: about the use and implementation of supervision and management, local people's governments at all levels of the administrative area of the flag hoisting and use, supervision and management; Ministry of foreign affairs, the State Council departments, Liberation Army General Political Department of transportation in charge within their respective jurisdictions to flag hoisting and the use of supervision and management, etc..

Two, the national emblem and "law"

The national emblem is a symbol of a unique symbol of the country. It is a special badge on behalf of the state is composed of a certain pattern. The national emblem of the pattern, the pattern and the method of use, usually by a state constitution or law.

China's national emblem of the pattern is proposed by China first session of the CPPCC National Committee of the second meeting of the eighth session, through the Council of the Central People's Government in September 18, 1950, published by the Chairman Mao Zedong command, that is our country after the four constitution.

The people's Republic of China national emblem is in the middle of Tiananmen star shining, is around the ears and gear, which is the symbol of Chinese people since the "five four" movement, the people's democratic dictatorship of the new democratic revolution led by the working class and based on the worker peasant alliance, the new Chinese birth.

In March 2, 1991, the seventh session of the eighteenth meeting of the NPC Standing Committee passed the "law of the people's Republic of China" (hereinafter referred to as the "law"). According to the chairman of the people's Republic of China, "law" since the 1991 lO month 1 days.

"Law" stipulates: hang the national emblem of the institutions; hang emblem of the place; engraved with the emblem seal mechanism; with the national emblem pattern documents, publications; to use of the national emblem limit etc..