China constitution

The first chapter is the basic theory of constitution

The concept of constitution

One, "the constitution" interpretation

The constitution is a component of the law, it reflects the actual comparison between the various political forces concentrated, provisions of cardinal tasks and system of the state, social system, national system principle and the state power and citizen's basic rights obligations. The constitution is the fundamental law, the highest legal effect.

Two, the meaning and characteristics of modern constitution

The constitution is the fundamental law of the state.

The main features are: the importance of the content; the highest validity; strictly to formulate and modify the program.

Three, the nature of the Constitution

The constitution is a basic form of democratic institutionalization, legalization; the constitution is the focus of all kinds of political strength comparison between.

Four, the constitution classification

The constitution classification significance.

The form of the constitution of the essence of classification; classification of constitution.

Classification: according to whether have the uniform code form, into a written constitution and the unwritten constitution; two in effect and modify the program, divided into rigid constitution and flexible constitution; three according to the different organs, divided into the imperial constitution, the Constitution and the Civil Constitution made agreement.

The essence of classification: according to the class nature of the constitution is different, divided into the socialist constitution and the capitalist constitution.

The second section structure of the Constitution

One, the meaning of constitutional structure

The structure of the constitution is a written constitution constitutional documents (a typical single constitution) system and the arrangement of the contents, the unwritten constitution is composed of a constitutional document, written case law and unwritten constitutional conventions.

The structure, constitution form two

Constitutional law; constitutional law; Constitutional Convention and constitutional precedent.

Three, the internal structure of the Constitution

Constitution; constitutional principle.

Standard.

The adjustment object of the Constitution: the social system, the state system and the state power and citizen's basic rights and obligations of social relations.

Principle.

The main principle of bourgeois constitutional: popular sovereignty, the principle of human rights, the principle of the rule of law and the principle of separation of powers

The main principle of socialist constitution principle: power belongs to the people, safeguard the rights of citizens, the principle of socialist rule of law principles and the principle of democratic centralism

The formulation, amendment and interpretation of section third of the Constitution

A, the Constitution

The meaning and characteristics of constitution right; subject; the formulation departments; develop procedures; the development of China's constitution.

Develop procedures: the establishment of 1 constituent institutions 2 draft constitution proposed by the 3 draft constitution published 4 of the Constitution

Two, the revision of the Constitution

The meaning of constitutional amendment; constitutional amendment authority; constitutional amendment procedure; constitutional amendment limits; constitutional amendment method.

The constitutional amendment to constitution amendment authority believes that part of the Constitution not adapt to the social reality and modify the program according to the specific provisions of the constitution to delete, increase, changes to the constitutional part of the contents of the activities.

Modification: overhaul, modification, invisible revision part

Modify the program: first proposal, voting, announcement, resolution, published.

Three, constitutional interpretation

Constitutional interpretation of the meaning of constitutional interpretation; species; organ of the interpretation of constitution; interpretation of our constitution system.

Constitutional interpretation refers to the interpretation of the constitution authority according to the concept of basic spirit of constitution and the basic principles of the constitution, the legal boundaries and the relationship between the.

Types of constitutional interpretation: validity according to the differences in interpretation of the constitution, as has the right to explain and property interpretation; two according to different purposes of constitutional interpretation, constitutional interpretation and supplementary explanation consists of constitutional interpretation, different methods according to the interpretation of the constitution; three, divided into grammatical interpretation, logical interpretation, systematic interpretation and historical interpretation.

Constitutional interpretation by the supreme organ of state authority: authority to interpret the constitution or legislation; two by the ordinary courts to interpret the constitution; three by the constitutional court to interpret the constitution or constitutional committee.

 

The fourth section of the constitution relationship

Overview, constitutional relation

The meaning of the relationship between the characteristics of the constitution; constitutional relation.

The constitution of the social relations adjusted by the constitutional relation. Mainly has: the relationship between the state and citizens; the relationship between the state and the class, ethnic groups and other organizations, state organs; internal relations; the relationship between national authorities.

Characteristics: a kind of social relationship is a national or state organs; involving two such social relations in the field is very wide, almost covers all aspects of national life, but they all belong to the macro or the principle of.

Two, the subject of constitutional relation

State organs, social organizations; citizen.

The historical development of the fifth constitution

One, modern constitution

The modern constitution produce conditions; production and characteristics of Britain, America, France constitution.

Condition: a social and economic conditions, the emergence and development of capitalist production relations is the economic foundation of the bourgeois constitution produce; two political conditions, establish the victory and bourgeois dictatorship of the bourgeois revolution is the political foundation of the bourgeois constitution produce; three theoretical conditions, 17, in eighteenth Century the bourgeois scholars put forward "the people's sovereignty", "natural rights", "separation of the three powers", "rule of law" theory is the ideological condition of constitution.

Two phases of development, constitution and trend

The constitutional development experience of modern constitution and modern constitution in two stages; the basic trend of contemporary constitutional development.

Expand the scope of the 1 basic civil rights; human rights protection mode transformation 2; 3 constitutional review system; internationalization of the 4 constitution.

The emergence and development of three, Chinese constitution

The evolution of the old China constitutional history; new Chinese constitution; the content and characteristics of the current constitution of our country; the main contents of the current constitution amendment.

The evolution of old Chinese Constitution: 1, the constitutional document -- "imperial constitution outline", "Nineteen principles"; 2, the bourgeois republic constitution -- "provisional constitution of the Republic of China"; 3, the Northern Warlords and the Nationalist government promulgated the constitution of the Republic of China -- "about law", "constitution of the Republic of China" the constitution of the Republic of China, "the draft".

The historical evolution of new Chinese Constitution: 1, "China people's Political Consultative Conference common program"; the 2, in 1954 the people's Republic of China Constitution; 3, 1975, the 1978 constitution; constitution of 1982, the current constitution.

The main contents and characteristics of the current constitution: 1, to the four cardinal principles as the guiding ideology; 2 clear country in the basic task of the new period; 3 pay more attention to the reform of political system, improve the national institutions; 4 rules to the construction of socialist spiritual civilization for the content of the cultural system; 5 to maintain the unity and dignity of the socialist legal system; 6, strengthen the construction of democratic politics, safeguard the citizen's basic rights and freedom; 7 to safeguard national unity and national unity.

China's current constitution was passed in 1982, a total of 138. In 1988, 1993, 1999, 2004 the four amendment to the constitution of the form of the current constitution was amended, passed 31 amendments to the constitution.

The second chapter states the basic system

The first section of state property

A, state system overview

The concept of state; status in the state system of.

Constitution refers to the class nature of the nation, it embodies certain class dictatorship, reflect the status of the various classes of society in national life.

Two, the people's democratic dictatorship is the nature of our state

The concept and characteristics of the people's democratic dictatorship; the class structure of the people's democratic dictatorship.

The people's democratic dictatorship is refers to the leadership of the working class in our country, and based on the worker peasant alliance, democracy and dictatorship to the enemy state power for the people. The people's democratic dictatorship is dictatorship of the proletariat in essence.

Class structure: a working class is China's leading class; two the alliance of workers and peasants is the class basis of our regime; three intellectuals is to rely on the power of the state.

The multi-party cooperation and political consultation system under the leadership of the Communist Party, China three

Overview of the party system; multi-party cooperation and political consultation system under the leadership of the Communist Party of Chinese; the patriotic united front.

The political party system is the status and role of the party, especially the political party called, participate in or influence the system of state power.

The second section our basic economic system and the construction of "Three Civilizations"

The basic economic system, China

The economic system of meaning; China's current basic economic system content.

Economic system refers to the economic base or the economic structure, it is the sum of a dominant position in the development phase of human society history of relations of production, is the foundation upon which to build social superstructure.

China's current basic economic system content: ownership, socialist public ownership is the basis of the socialist economic system in China, the non-public ownership economy is the important component part of the socialist market economy, individual economy wave expansion, private economy and foreign investment enterprises. Distribution system, a variety of modes of distribution with distribution according to work as the main body.

Two, the construction of "Three Civilizations"

The meaning and characteristics of civilization; "Three Civilization" construction contents,; socialist material civilization, spiritual civilization and political civilization construction.

The third section state

A summary, regime

The concept of the regime; the types of regime; the relationship between government and state system.

The regime is also known as the political power organization form, refers to the specific social ruling class to take what kind of principle and ways to organize to oppose the enemy, to protect themselves, management of social authority. The organizational form of regime is the main aspect of the state to exercise.

Two, the system of people's Congress

The concept and characteristics of the people's Congress system; people's Congress system is China's fundamental political system.

The people's Congress system refers to all power in China belongs to the people, people on the basis of democratic election sent representatives to the National People's Congress and local people's congresses at all levels, as the highest organ of state power, the other state organs by the people's Congress, the people's Congress Supervision, responsible to the people's congress. NPC Standing Committee is responsible to the people's congresses at the corresponding levels, people's Congress is responsible to the people.

The system of people's Congress directly reflect the class nature of our country. It embodies China's political lives, is the foundation upon which to build other system of the state, is the people's state power organization form, so he is the fundamental political system in china.

Three, uphold and improve the system of people's congresses

The superiority of the people's Congress system; perfecting the system of people's congress.

The fourth section electoral system

Introduction, the electoral system

The concept of the historical development of the electoral system; election system in china.

The electoral system is the general term for various system principle, procedure and method of the law on the election of the national representatives of representative organs and public servants of the state.

Two, the basic principles of the electoral system of China

Principle of universal suffrage; the principle of equality right; direct election and the principle of combining indirect election; the secret voting principle.

Three, organization and procedures of our election

Electoral organization; the election procedures; removal and the by election.

Program: gerrymandering and voter registration, on behalf of the candidates proposed, vote

Material security and legal protection, the election of four

The fifth section form of state structure

Introduction, the form of state structure

The concept and types of the form of state structure of the determinants of the form of state structure.

The form of state structure refers to the specific state of the ruling class to take, according to certain principles to divide the internal state region, the adjustment of national whole and part, the central and local relations and national external form.

Classification: single, composite (Confederate and federal)

Country specific factors: structure depends on many factors, including the factors of history and nation is crucial for a particular form of state structure formation.

The form of state structure two, China

China is a unitary socialist country; causes and characteristics of single state structure of China; China's system of administrative division.

Reasons: historical reasons, the national cause

The system of regional autonomy of ethnic, three

The concept of the system of regional ethnic autonomy; autonomous organs of self-government of the national autonomous areas.

The system of regional ethnic autonomy refers to under the unified leadership of the state, in the areas inhabited by ethnic minorities as the basis, establish the corresponding autonomous areas, organs of self-government are established to exercise the power of autonomy, so that, the implementation of regional autonomy of ethnic people autonomous management of the national internal local things system.

Authority is an autonomous region, autonomous prefecture, Autonomous County People's Congress and the people's government.

Autonomy: according to the actual situation in the region, the implementation of laws, policies of the state, the authority at the next higher level decisions, orders and instructions, not suitable for the actual conditions of the autonomous areas, the state organs at higher levels approved alternative or stop the execution; two to formulate autonomous regulations and separate regulations; three management of local finance; four in under the guidance of the state plan independently arrange for and administer local economic development; 5 autonomous management of the local education, science, culture, health, sports, protection and arrangement of national cultural heritage, the development and the prosperity of the national culture; six in accordance with the law, the local public security the troops; seven autonomous organs in performing their duties, in accordance with the provisions of the autonomous regulations, the use of local common one or several languages; also use several commonly used languages in the performance of their duties, to carry out regional autonomy of ethnic languages.

Four, the system of Special Administrative Region

"One country two systems "; the concept and characteristic of the Special Administrative Region; a high degree of autonomy of the Special Administrative Region; the relationship between the central government and the Special Administrative Region; Special Administrative Region of the national authority; legal system of the special administrative region.

Special Administrative Region is defined in Chinese territory, in accordance with the "one country two systems" concept, according to the provisions of the Constitution and the law, practice is different from the general administrative region's political, economic and legal system, the local administrative region with a high degree of autonomy.

A high degree of autonomy: administrative power; the two legislative power; three independent judicial power and the power of final adjudication; four Central Committee authorized by the people's Government of Special Administrative Region in accordance with the relevant foreign affairs to deal with the basic law; do not implement the socialist system and policies of five special administrative region, to maintain the original to the capitalist system and way of life unchanged for 50 years; six special administrative region of the executive and the legislature by the permanent residents of the region in accordance with the provisions of the basic law, the central has not sent seven special administrative region management; independent of general of its own currency, finance, sales for all their needs, they shall not be handed over to the Central People's government, the Central People's Government shall not levy taxes in the Special Administrative Region; other autonomous the right to enjoy the eight special administrative region.

Relationship: a central people's Government shall be responsible for the foreign affairs relating to the management and the Special Administrative Region; two the Central People's Government shall be responsible for the management of Special Administrative Region defense; the main official executive and administrative organs of the Central People's government appointed three special administrative region; the four national people's Congress Standing Committee will have the right to decide the Special Administrative Region of the national state of emergency; five NPC Standing Committee have the right to interpret the basic law of the Special Administrative Region; the six National People's Congress has the right to modify the basic laws of the special administrative region.

The sixth section organizations at the grassroots level

A, autonomous mass organizations at the grass-roots level overview

The concept and characteristic of grass-roots mass self-government organizations

Two, the residents committee

Establishment, organization and task of the residents committee.

Three, the village committee

Establishment, organization and task of the villagers committee.