1978Historical annual "constitution of people's Republic of China"

School of history and culture, 2003 The little front

[Abstract] in 1978 "people's Republic of China Constitution" is the premise that ends up in the "Cultural Revolution", in the national socialist undertakings under the requirement of rush in a thousand things wait to be done, on the basis of the 1975 constitution[1]Produce. Although the constitution still had many flaws and shortcomings, but in such an environment, the 1978 "people's Republic of China Constitution" in some of the provisions promulgated undoubtedly opened a "Cultural Revolution" on some problems in practice, to evaluate the historical status of the prelude, 78 years of the constitution is to should be affirmed.

Key word.1978 "people's Republic of China Constitution"        The gang of four       The Cultural Revolution

   In 1976 October, crushing the "Gang of four", the people of the whole country dance for joy, "our socialist revolution and socialist construction has entered a new period of development".[2]The constitution is the fundamental law of the state, for the stability and unity of the state, long period of stability plays a crucial role in. The face was severely damaged during the "Cultural Revolution" in all aspects of social, political, economic, cultural and other serious situation, the state to make a suitable for the development of the situation of our country's constitution was necessary.

   1977 August held the Eleventh National Congress of the party, announced the end of "Cultural Revolution", to mobilize all positive factors, to unite with all the forces that can be united, and strive to make China a great socialist country in this century. In order to eliminate the "Gang of four" into the Constitution in the imposition of "left" --, the restoration of democracy and legal principle is destroyed, to meet the needs of the new historical period, timely put forward the construction of socialist modernization task to the people of the whole country, must be on the 1975 constitution modification. 1978 "people's Republic of China Constitution" drafted by the CPC Central Committee Political Bureau, all the members of the Commission to amend the constitution, the vice chairman of the Central Committee of the Communist Party Xie Jianying chaired the constitutional amendment. The draft amendment to the constitution of the Communist Party of China in eleven second plenary session after discussion, in March 5th for the first session of the Fifth National People's Congress examined and approved, officially announced in March 8, 1978 "people's Daily".

   Due to the historical conditions at that time constraints, the constitution failed to thoroughly clean up during the "Cultural Revolution" the influence of "left" thought, that is not the correct political theory concept and does not meet the provisions of the actual situation. For example, in the preamble to the constitution still retains the "insist on continuing the revolution under the dictatorship of proletariat" error formulation, adopt still positive attitude to the "Cultural Revolution"; in the state agencies, remains "name of local Revolutionary Committee" at all levels (see the "people's Republic of China Constitution" the second chapter third section thirty-seventh[3]); in the basic civil rights and obligations, the provisions of citizens "rights still use the 'Da Ming, large posters, debate,'" ("the people's Republic of China Constitution" the third chapter forty-fifth), etc.. For this series of problems existing in the constitution, has been involved in the drafting of Hua Guofeng in March 5, 1978 fifth session of the National People's Congress meeting of the "government work report" Yu Guangyuan comments: at this time, the "two whatevers" thought still in trouble, Hua Guofeng knew no production order is continuing the revolution under Mao Zedong thought, in this constitution, it still remains. Mao Zedong said that the "Cultural Revolution" will make a few times, so in the preamble to the constitution wrote "the first Great Proletarian Cultural Revolution ended in victory, make our socialist revolution and socialist construction has entered a new period of development." Please note that three words here "first". He dare not say that the "Cultural Revolution" has ended, only dare to say "for the first time the Cultural Revolution ended in victory". Hua Guofeng knew that the big Ming, large, debate, the big character poster is Mao Zedong advocated, so in this constitution, still retain a large Ming, on the great debate, posters, the contents, but from 1975The preamble to the Constitution[4]In the third chapter to the constitution "the fundamental rights and duties of citizens" in article forty-fifth, the text read: "citizens enjoy freedom of speech, press, assembly, association, communication, parade, demonstration, the freedom to strike, there is the use of 'Da Ming, large discharge, debate, posters' rights."[5]

   Although in 1978 the constitution has a series of defects and shortcomings, but compared to the 1975 constitution, it is a historical progress, China in the construction of democracy and legal system, still occupies a position, its historical function also nots allow to ignore. We can regard it as a "transitional period" of the constitution, which is from the "Cultural Revolution" to the "new socialist construction"[6]The Constitution for the transition period.

Although at the time of the party and state leaders thought of "left" tendency is still very serious, but a number of proletarian revolutionaries of the older generation efforts led to Xie Jianying in the 1978, "the people's Republic of China Constitution" on the basis of the 1975 Constitution did improve and adjust the very big, has the obvious improvement more than 75 years the constitution. In some of the provisions of the modification and formulation, the erroneous tendency in the party and the state in the "left" and the "two whatevers" thought, they pay attention to strategy, Mao Zedong's words as an opportunity, as interpreted as formulating a new constitution, such as Mao Zedong put forward in "the situation in the summer of 1957". To form a "both centralism and democracy, both discipline and freedom, both unity of will, and personal ease of mind, be lively and vivid such a political situation"[7]Write in the preamble to the constitution.

   1978 "people's Republic of China Constitution" style is still the same and the 1975 constitution, but the constitution from 30 to 60. Especially the chapter "the fundamental rights and duties of citizens", the provisions from 4 to 16, the range of civil rights is broader and specific, such as the civil accusation and complaint right made special provisions (the third chapter fifty-fifth), which added a citizen complaint terms: "citizens are infringed when the rights, have the right to appeal to the state organs at all levels. The complaints and appeals, any person may suppress and take revenge." And added "provisions of the protection of civil rights" in the State Council authority (article thirty-second), significantly to protect the legal rights of the people, inspire people's enthusiasm, to remove the "Gang of four" period into the constitution "has played an important role.

   The 1978 constitution restored "some basic principles and the basic provisions of the five four constitution", the China's entry into the "development period" new, and the provisions of the Eleventh National Congress of the Communist Party of China's National People's Chinese in the general task of the new period, in the form of law must come down, written in prolog. That is: "to continue the revolution under the dictatorship of the proletariat, carry out the class struggle, the struggle for production and scientific experiment three revolution, make our country agriculture, industry, national defence and modern science and technology of the great socialist country in this century." Although the "continuing the revolution under the dictatorship of the proletariat" is still exist, but the "four modernizations" target put forward, pointed out the direction for the cause of socialist construction, greatly inspired the people's enthusiasm for building.

   In order to fully develop socialist democracy, safeguard the people's power to be in power, constitution of seventeenth stipulates: "the state adhere to the democratic principle of socialism, ensuring people's participation in management, management of various economic and cultural establishments, supervision of state organs and staff." In the preamble to the constitution makes provision to be made for the revolutionary united front: "we need to consolidate and develop the leadership of the working class, and based on the worker peasant alliance, unity of the intellectuals and other laboring people, uniting patriotic democratic parties, patriotic, our compatriots in Taiwan, Hong Kong and Macao compatriots and overseas Chinese Revolutionary United front." Expand the category of unity, is conducive to the stability and unity of the socialist motherland, construction and development.

   Organization and authority concerning the structure of the state constitution in 1978, the biggest change is restored to the procuratorial organs -- the people's Procuratorate set (the second chapter forty-third), the abolition of the 1975 constitution about by the public security organs to exercise procuratorial authority. For this article, Xie Jianying in March 1, 1978 in the first session of the Fifth National People's Congress on the "report" on the revision of the constitution said: "great importance in view of the fight with various irregularities, the constitutional amendment draft set up people's procuratorate. The national procuratorial organs at all levels within the scope prescribed by the Constitution and the law, to the state organs, the staff of state organs and citizens to abide by the Constitution and the law, the exercise of prosecutorial power." And the "Gang of four" crazy shout and implemented "the jungle", serious damage to the dictatorship of the proletariat state machine behavior to be sharp criticism, "must complete liquidation 'gang of four' destruction of public security crimes, sum up experience lesson, strengthen the socialist legal system. No looting. Detain people catch people, must be in accordance with the law, strictly implement the system of examination and approval. The trial of the case, must be the weight of evidence, investigation and study, is strictly prohibited to extort a confession."[8]

   On the National People's Congress and its Standing Committee's authority, the constitution of 1978 also added some new content, such as the second section twenty-second (three) the provisions of the NPC has the "implementation" supervision of the Constitution and the law's authority, twenty-fifth (three) of the NPC Standing Committee "to explain the provisions of the Constitution and the law, formulate" the authority of law. "These regulations, shall be the development of 'five four constitution'."[9]Local people's congresses at various levels are in the administrative area "to ensure compliance with and implementation of the constitution, laws".

   The relevant state authorities on the issue, in order to reduce the level, improve efficiency, "the draft amendment to the Constitution stipulates, the local government of our country basically to implement the provincial, county, community level three system. Province, autonomous region, the area, in addition to Autonomous Prefecture, not as a political, not a people's Congress and the Revolutionary Committee, set up administrative office, as the agency of the Revolutionary Committee of province, autonomous region, appointed Commissioner and deputy commissioner. Below the county level, if the area, also is not a government agency, but the county revolutionary committee."[10]1978 "people's Republic of China Constitution" is basically uphold this principle, produced in the revised based on the constitution of 1975, though in the name of local authorities which still use the "revolutionary committee".

   The was severely damaged during the "Cultural Revolution" in social productivity, especially the "Gang of four", advocating what "prefer socialism low speed", crazy to disrupt production, the development speed of the national economy has slowed down considerably, stagnation or even retrogression, the 1978 constitution will be "high speed development of the national economy, improve the social productive forces" into the constitution, make every effort to restore and develop social production, so that the growth of the national economy steady and fast ", reflect the superiority of socialism".

   The development of social productive forces in high speed at the same time, the state also want "culture construction climax". The first chapter master twelfth stipulates: "the state of development of the cause of science, scientific research, technical innovation and technological revolution." Article thirteenth stipulates: "the state vigorously develop education, improve the people's cultural and scientific level." Increase the science and education and investment, and gradually improve the scientific and cultural level of the socialist worker. According to the "Cultural Revolution" in the persecution of intellectuals, "uses the method of dictatorship suppressed socialist fragrant" approach, Xie Jianying severely criticized by Mao Zedong's words: "to suppress freedom in the interior, repressive, criticism of the shortcomings of the party and government, pressure for free discussion in academic circles, is the behavior of crime." And put forward the "All flowers bloom together., contention of a hundred schools of thought" principle in the constitution, in the form of law to be confirmed. He was about to amend the constitution to "report" stressed that: "the art and science of non problem, through the art of science to solve the free discussion, through the practice of art and science." Against the "Gang of four" during the arts and Sciences of the politicization of wrong practices, which is conducive to the unity of the intellectuals, scientists, they fully mobilize the enthusiasm, make more contributions to the cause of building socialism, to make a contribution to.

   In addition, on the implementation of the constitution, Xie Jianying in the "on the revision of the Constitution's report" pointed out, in after the adoption of the constitution, "from the spiritual principles of the constitution to the specific provisions, to ensure the full implementation of", to ensure that the authority of the constitution. According to the requirements of the new constitution, to play the National People's Congress "to monitor the implementation of the Constitution and the law" and local people's congresses at various levels in the administrative area "of the constitution, law, legal compliance and enforcement authority". In the aspect of supervision of the constitution, "we need to give full play to the trade union, the poor and lower-middle peasants association, the Communist Youth League, women's federations and other mass organizations role. China people's Political Consultative Conference is an important organization form of the revolutionary united front, to play its important role in this respect." At the same time, "a universal constitutional propaganda and education in the country," and "will often carry out publicity and education", to strengthen the socialist legal system, so that the masses of the people through the study of constitution, improving the political consciousness, enhance the consciousness of be in power, strengthen the concept of law, the right to exercise the constitutional rights of citizens, loyalty to fulfill the obligation of citizens, to supervise the implementation of the constitution, with the spirit of the masters of good management and construction of our socialist country.

   As can be seen from the above, the constitution of 1978 from establish to through to implementation of security, the Communist Party is to pay great efforts, in order to make a new constitution of the Communist Party of China overall stability, have made unremitting exploration, especially in the Xie Jianying led a group of older generations not produce class revolutionary efforts, making the 1978 constitution is more in line with the requirements of social development, for the stability and unity of the state and also played a historical role can not be ignored.

   Therefore, in 1978 the "people's Republic of China Constitution" to a certain extent, reflect the correct the "left" ideology of the provisions in the constitution of 1975, than 1975 constitution made a step forward. But the constitution of 1978 was not issued by one and a half years in crushing the "Gang of four", in this short period of time, the country has just recovered from the ten years of turmoil, began to bring order out of chaos, "emancipate the mind, seek truth from facts" thought and "practice is the sole criterion for testing truth" principle has not been acknowledgements; "two whatevers" thought still continue to imprison the mind of people; the eleventh session of the six plenary session of the party has not yet been held, has not been able to Mao Zedong's merits and demerits, historical status of Mao Zedong thought, and "Cultural Revolution" and make a correct evaluation; many are the "Gang of four" upside down and political theory and is non relationship should be reconsidered. Therefore, it is impossible to accurately summarize the experience and lessons of socialist revolution and construction since the founding of new china. Therefore, "the constitution of 1978 did not and could not completely get rid of the 1975 constitution...... But the content is not perfect, there are still many unrealistic provisions."[11]So, although after two revisions[12], but generally speaking it is far unable to meet the development needs of the new historical period. However it as "constitution for the transition period" of the role has been completed, with all the important meeting, paving the way for the establishment of the people's Republic of China 1982 "constitution", and the 1978 constitution has become an inevitable exit. 1978 "people's Republic of China Constitution" completed its historical mission, should die in one's bed.