The first section Produce and development of constitution

Origin of "constitution" of the word

The ancient Rome Empire, the constitution is a word used to represent the various construction and the emperor issued edicts, and etc.. In medieval Europe, the constitution refers to confirm the feudal lord and ecclesiastical privilege law.

Two, the constitution is the product of bourgeois revolution

(a), the western capitalist countries of the Constitution
1, modern constitution produce conditions
    First, western countries constitutions, is the inevitable result of the development of capitalist market economy. Second, modern western state constitution is based on the process of destroying the feudal autocratic system, establish bourgeois democratic system. Third, the separation of the political state and civil society, laid the social foundation for the formation and development of the constitution. Fourth, the modern western bourgeois enlightenment, laid the ideological and theoretical foundation for the emergence and development of constitution.
Production and development of the 2, the British constitution
    The British bourgeois revolution is the earliest country in the world, modern western countries first appeared in the constitution is the British constitution. The British constitution has two characteristics: first, a compromise. Second, the unwritten rules of.
    British constitutional law mainly includes the following: "the petition of right law in 1628 1679"; "habeas corpus"; in 1689 the "bill of rights"; 1701 "law of succession to the throne in 1998"; "human rights".
    In addition to the constitutional law, political practice in the country, but also gradually formed a lot of continuity and stability of the conventions of constitution and constitutional precedent. These conventions of constitution and constitutional precedent in the long-term political life is confirmed and the continuation, and thus become an important part of the British constitution.
3, USA constitution
    USA constitution is the product America war of independence, is also the history of the world's first written constitution. USA constitutions, has experienced from the "Declaration of independence" to develop the state constitution, the formulation of "articles of Confederation" to the "constitution" of such a development process.
    In July 4, 1776, the Second Continental Congress adopted the "Declaration of independence". Marx called it "the first world human rights declaration".
    In 1776 January, the New Hampshire took the lead in formulating the state constitution. "Articles of Confederation" came into effect in March 1, 1781. A fundamental law of the United States of america.
    In 1787 formulated and adopted the "constitution of the United States". In December 15, 1791 approved the 10 amendment to the constitution. So far, a total of approved the promulgation of the 27 constitutional amendment.
4, the French Constitution
    France is Europe's early formulation written constitution state. In 1789, the conference adopted the "Declaration of the rights of man and of the citizen".
    In September 14, 1791, formally approved the first French history, constitution, with its "Universal Declaration of human rights" as a total order of the constitution. Until the 1875 constitution of the Third Republic of france. In 1946, after the Second World War, developed and adopted the constitution of the Fourth Republic of france. In 1958, under the auspices of De Gaulle, also set by the constitution of the Fifth Republic of France, the current constitution, after 1960, 1962, 1963, 1974, 1976, 1992, 1993, 1995, 1996, 2000, revised many times and still in use.

Three, the development of constitution

(a), the start-up period of the capitalist constitution

1, the capitalist constitution in the historical progress of the start-up period

First, the constitution is to prevent the revival of the feudal weapon

Second, the constitution is the bourgeois adjusting internal contradictions, maintaining social stability and tools.

2, the nature of capitalism in the initial period of limitation

(two), the Constitution and the trend of modern capitalism

(three), the development of socialist constitution
1, the socialist constitution
    In January 16, 1918, the all Russian Central Executive Committee adopted by Lenin drafted the "Declaration of the rights of the exploited working people". This declaration is the constitutional document the Soviet Union at the beginning of the republic. In July 10, 1918, the all Russian peasants and soldiers of the Soviet Fifth Congress passed the "Russian Soviet Federative Socialist Republic constitution (Gen Benfa)". Is the world's first socialist constitution.
2, the development of the socialist constitution
    In 1924, the Soviet Second Congress enacted the "Soviet Union" the basic law (constitution). In 1936, the Soviet eighth very Congress passed "the union of Soviet Socialist Republic constitution (Basic Law)", also known as the Stalin constitution. "The union of Soviet Socialist Republic constitution (Gen Benfa)" is the period of the socialist construction of the Soviet Union's constitution, but also implement the longest a constitution, a total of 41 years. The other socialist countries constitution also produced great influence.
    In October 7, 1977, the Soviet ninth session of the Supreme Soviet was adopted by the seventh meeting of the new constitution, which is the last Soviet constitution.
    In addition to the Soviet Union, after the Second World War in Eastern Europe and Asia, the establishment of a socialist country, most of them in 1936, Soviet constitution was modelled, developed their own national constitution.
    Since 1989, violent political unrest occurred in Eastern Europe and the Soviet Union and other socialist countries. In 1991, the Soviet Union collapsed. The country's constitution has also undergone a fundamental change. Therefore, in today's world, representing the socialist constitution is still Chinese constitution.
3, people's Republic of China in 1949 and 1954 "people's Republic of China Constitution" marks the promulgation of the socialist constitution in the history of the world's best.

The second section The emergence and development of the old Chinese constitution
A constitutional issues, in Chinese history began
In 1908 August announced the "imperial constitution outline". In November 3, 1911, the Qing government issued nineteen major tenets.

Two, to the end of the Qing Dynasty the constitution document analysis

"The constitution outline" and "great creed" has strong feudal color, but still with bourgeois democratic characteristics.
Three, Xin Hai revolution of the "provisional constitution of the Republic of China"

"Memorandum" Provisional Government of the Republic of china.
In March 8, 1912 by the Senate passed the "provisional constitution", it established the sovereignty of the people, everyone is equal, the separation of the three powers, the bourgeois democracy principle. It is the first China history, only a bourgeois democratic constitution.

Four, the period of Beiyang government constitutional activities

In October 31, 1913, the provisional government three read Congress passed the draft constitution. Also known as the "Tiantan constitution draft".
In May 1, 1914, the new method namely "Republic of China Constitution" officially announced.
Cao Kun in October 10, 1923 inauguration, published the "constitution of the Republic of China". Chinese history the first constitution.
Three read in December 11, 1925 adopted the "constitution of the Republic of China draft".
Five, the period of Nanjing national government constitutional movement
    The Kuomintang in October 3, 1928 by the Kuomintang central executive meeting adopted the "political training programme".
    In May 5, 1931, the National Conference adopted the "constitution of the Republic of China," the period of political tutelage, and published by Nanjing national government in June 1st.
    The Nanjing national government announced a draft constitution in May 5, 1936, the draft constitution which is also known as the "five five draft constitution".
    The 1946 national conference held in Nanjing. In December 25th, the National Assembly three read through the "constitution of the Republic of China", officially in January 1, 1947 by Nanjing national government, in December the same year 25 implementation.
The activities of the six period, the revolutionary base
    In 1931 November, in Jiangxi Ruijin held the first National Congress of the workers and peasants, the "outline of China Soviet republic constitution". In 1934 January, the second National Congress of the workers and peasants and made some changes.
    During the period of Anti Japanese War, the Anti Japanese base areas have established Anti Japanese coalition government, and formulated the policy agenda as the basic law of Anti Japanese, such as "Shanxi Chahar Hebei border area policy agenda", "ShanGanNing Border Region", "the border region government policy agenda".
    After the victory of Anti Japanese War, the Shaanxi Gansu Ningxia border region according to the spirit of the Political Consultative Conference of the "agreement on the draft constitution" in the drafting of the Shaanxi Gansu Ningxia border region, "constitution principle", and through in the Shensi Kansu NINGSIA border region Third Council in 1946 April.
Seven, the question of constitutional implications

From the Qing Dynasty, the northern warlords, the Kuomintang to pseudo constitution made by Jiang Jieshi.

The bourgeois democratic republic constitution.

It is led by the working class and based on the worker peasant alliance, the constitution of the people's republic.
Three different constitution requires three different forces.

The third section The emergence and development of new China constitution
One, China people's Political Consultative Conference "common program"
    In 1949 September, the first plenary meeting China people's Political Consultative Conference passed "China people's Political Consultative Conference common program". "Common program" is a fundamental law of nature of the interim constitution.

To confirm the nature of the state and task, confirm the organizational form of regime, provisions of national fundamental policy.
Established in two, the constitution of 1954 and the new China constitutional system
    In 1954 September, the first session of the people's Republic of China, the first session of the National People's Congress passed the "people's Republic of China Constitution". The new Chinese's first constitution was born.

The 1 historical background

The law is due to the emergence of social relations adjustment, with the change of social relations, the law need to be modified or re development, so it has the value and meaning of its existence.

After the "common program" implementation of the five year, it effectively completed their historical mission, so that the various aspects of Chinese society has undergone tremendous changes, therefore, need to be based on summing up historical experience and absorb international experience, to the "common program" as blueprint, making the first Chinese history code written constitution, so the first meeting in September 20, 1954 the first National People's Congress passed the "China constitution of people's Republic of China", there are five four constitutions, specific historical conditions:

A complete victory in the Democratic Revolution (as opposed to the "big three" enemy) established a truly independent state, ended the feudal rule, elimination of poverty

The establishment and consolidation of the state power, the end of a long war split situation

Start the recovery of national economy and socialist transformation, financial and economic conditions have been fundamentally improved.

The people's democratic consciousness and improve the degree of organization of ordinary

The constitutionalism movement and constitutional problems of historical experience and rich, including international and domestic.

2 main contents

The 54 constitution is composed of the preface, 4 chapters and 106 articles, including

 

Gradually realize industrialization, the completion of three major transformation The elimination of exploitation and poverty, building a socialist society

                               

 

The confirmation of general task and step transition of Poly

                               

 

The establishment of the people's democratic countries Confirm the leadership in the united front of the Communist Party of China

                         

 

The provisions of the fundamental nature of the country

                        

Power to the people, the people's Congress System

The political power organization form, the form of state structure and national policy  A unified multi-ethnic country

National autonomy, equality, solidarity

 

Ownership by the whole people  Give priority to the development of Collective ownership  Encourage, guide, help Individual ownership   In accordance with the law to protect Capitalist ownership Gradual transition

                                     

 

                                     

The confirmation of four kinds of the ownership of the means of production and the basic policy

   

                                     

                                 Authority: the National People's Congress (other authorities responsible for it)

 

The democratic centralism

The principle of organization and activities of state organs provisions  The administrative organ of the State Council and all levels of government

 

                                 Judicial organs: the people's court

                                 Legal supervision organ: People's Procuratorate

 

The provisions of extensive rights and freedom, Clear the obligations of citizenship Including equal rights, political rights, the right of personal liberty, social economic and cultural rights

                                              Abide by the law, law-abiding, pay taxes according to law

 

                                              Care for take care of public property, respect social morality

                                              Military service etc.

 

3.54 basic principles of the Constitution

The people's democratic principles: embodied in all state power belongs to the people, the people exercise state power through the National People's Congress, decisions on major matters of national life, all state organs carry out democratic centralism, accept the supervision of the people, to serve the people, at the same time to give citizens the right to extensive democracy and freedom.

The principles of Socialism: to confirm the ownership by the whole people and leadership in the state economy, with the development and transformation of the planned economy guidance of national economy, the general task of socialism and its implementation methods.

4, features: it not only confirmed the principle of socialism and the principle of the people Chinese chairman, and from the reality, in the method and steps for the implementation of the socialist system and the system of people's democracy on the provisions, not rigidly adhere to a fixed pattern, reflects the organic combination of principle and flexibility of joint. Both the "common program" as the basis, recorded the Chinese people for more than 100 years of heroic struggle of the fruits of victory, and summarizes the experience of revolution and construction in 5 years, enriched and developed the "common program", embodies the combination of history and reality. 3, both the provisions of protection of capitalist legal ownership of the means of production and other capital ownership, but also provides for the implementation of the socialist transformation of agriculture, handicraft industry and capitalist industry and commerce, which eliminate the system of exploitation and the establishment of a socialist society, all of these reflect the characteristics of our country to the transition from new democracy.

The 5 historical evaluation

The 54 constitution while implementing real time is not long, but the historical significance cannot be underestimated, while recognizing its shortcomings:

The 54 constitution has the important status and value in the new China constitution history, is a good law, played a significant role in national life, greatly promoted the development of the cause of socialism.

The 54 constitution in safeguards implementation there is a serious shortage.

Because of a lack of understanding of the problems and the concept of the rule of law, 54 the implementation of the constitution of the history is not long, did not fully play a role, 56 years of socialist transformation completed ahead of schedule, resulting in a "out of date" illusion, the 54 constitution was abandoned.

 

                               Basic principle

In order to establish the basic mode and constitution laterStructural system

                               The national organization structure

Three, the 75 constitution

History: the constitution is the specification for national power distribution and exercise, so each constitution are all produced with this. The 75 constitution is a new Chinese second constitution was promulgated, the first meeting in 1975 January Fourth National People's Congress, was in the midst of the "Cultural Revolution" period, the "Gang of four" counter revolutionary group to achieve "redistribution of power", seriously interfere with the formulation of the 75 constitution, from time to time can be seen in August the Communist Party decided: 73 years of constitutional delayed until January 75, therefore, has a history of the 75 constitution such evaluation:

1, the 75 constitution is a very imperfect and has serious errors and shortcomings of the constitution, specifically manifested in the:

          Error: the guiding ideology of "taking class struggle as the key link", "to continue the revolution"

          Content provided left: such as "four freedoms", deny the role of the United front.

          System structure: remove the confusion of state organs and their functions and powers;

The compression rights, aggravate the obligations;

The National People's Congress Standing body of local committees and local government agencies;

The general provisions in the constitution only 30 into a program file.

2, the 75 constitution is still a socialist constitution, the reason is still retained some of the basic principles of the 54 constitution, such as upholding the socialist public ownership of the means of production (economic), uphold the dictatorship of the proletariat (political)

The 3 constitution, because time is short (3 years) (actually not be implemented), its role has not been playing.

Four, the 78 constitution

Historical conditions: 78 constitution is the third constitution was promulgated in March 5, 1978, the first session of the Fifth National People's Congress, besides the preface, a total of 4 chapters 60. It is the specific historical conditions before crushing the "Gang of four" soon and the party's eleven plenary session held by, because not a comprehensive summary of lessons learned since the founding of new China, influence, also not clear the ultra left thought comprehensive therefore, the 78 constitution still exist many problems and errors, evaluation are as follows:

1 the successor to the 54 constitution. In some of the fundamental principles and the structural system is the successor to the 54 constitution, such as the restoration of the system (the procuratorate, democracy and the legal system), and add some new content (the development of science and culture, to confirm the total new tasks etc.).

2 leftist ingredients. Effect of failed to completely get rid of the ultra left trend of thought, the Constitution itself still has a serious wrong views and provisions, such as the "Cultural Revolution", adhere to the "certain guidelines to prevent the class struggle as the key link", "revolutionary" name, the provisions of the "Four Freedoms" for the rights of the citizens.

3 specification of conflict. The constitutional norms exist contradiction and conflicts, such as not only to "adhere to the class struggle as the key link" and the focus shifted to economic construction, we should make sure the "Cultural Revolution", but also "rehabilitated", so called the 78 constitution as the "blame the constitution".

4 is better than that of the 75 constitution. To cancel some mistakes in the 75 constitution, such as "all-round dictatorship", more than 75 constitution was a step forward, at the same time to restore some state organs and their functions.

The 5 amendment frequently. In order to meet the need of the development of the situation, four years two revisions and covers a wide range of contents, including 5 aspects, but still do not reach the level of the first constitution, a comprehensive amendment be imperative, so the 82 constitution.

Five, the 82 constitution and historical background

1, to establish the socialist construction with Chinese characteristic theory

2, to concentrate its efforts on socialist modernization.

3, develop socialist democracy, improve and strengthen the socialist legal system.

4, safeguard national unity and national unity.

5, to guide and promote the reform of economic system and political system reform, expand opening to the outside world.

Because of the correct ideological guidance produced by the constitution, therefore, the current constitution is a relatively perfect and has China socialist constitution, starting from Chinese conditions, the Marx doctrine, the Lenin doctrine of universal truth with the concrete realities of China, the inheritance and development of the basic principles of the 54 constitution, therefore reflect its characteristics.

(a), 82 of the Constitution

1, the 82 constitution is a product of the historical experience and realistic situation (historical summary, policy product)

After the 78 constitution was promulgated, the CPC Central Committee held eleven plenary session, a comprehensive clean-up of the "Cultural Revolution" error, summarizing the historical experience after the founding of the PRC, and formulated a series of correct principles and policies, make all aspects of national life has undergone major changes, and through the "resolution on certain questions in the history of party" since the founding of new China to the Constitution provides an important basis for the party's eleven sessions of six CCP plenary conferences, according to the Constitution and the exist problems, such as the party and government are not divided, the over concentration of power in 1980 September, the CPC Central Committee put forward repair constitutional proposals, and set up a constitutional committee, in a wide range of opinions, based on thorough investigation research the smooth, formulated and passed, so that the 82 constitution is a product of the development of the historical experience and reality of the situation.

2, the 82 constitution is the inheritance and development of the first constitution (structure and contents of the three aspects)

The 82 constitution is a new Chinese the promulgation of the fourth constitution, its structure: foreword, master, the people's fundamental rights, national flag, national emblem, mechanism, capital, is divided into 4 chapters, a total of 138. The existing constitution to inherit the first constitution, lies in adhering to:

         The people's democratic dictatorship (75, 78, the proletariat regime)

         The people's Congresses (75 Committee)

Content    The form of state structure unified multi nationality

         The socialist economic system (ownership forms, distribution in various forms)

         Citizens of real rights

At the same time, the current constitution is the further development of the 54 constitution, which contains corrections to the 75 constitution and the 78 constitution, mainly reflected in the changes of national institutions part of constitutional framework structure, basic rights and duties of the citizens from the third chapter to second chapter, reasonable display and attach importance to strengthen the rights of citizens, hand the national institutions mainly:

                                   The legislative power

(1) expand the function and structure of the Standing Committee of the NPC   A special committee

                                   The Standing Committee has no other state organs

(2) recovery president system

(3) the establishment of the Central Military Commission, established in state system status

(4) the administrator responsible system

(5) to strengthen the construction of the local government

The Standing Committee of National People's Congress at or above the county levelProvincial People's Congress and its Standing Committee have formulated local regulations right

(6) recovery branch power, strengthen the mass autonomous organization construction

(7) the provisions of the state leaders restrict term system (not exceeding two, abolish the system of life-long tenure).

All this is beneficial to all the people to better exercise the state power, in favor of the state organs better leadership and organization of the cause of socialist construction, in favor of the state organs to better cooperation, mutual cooperation, effectively regulate the exercise of state power and.

The 3 constitution is Chinese socialist constitution

The so-called China characteristics embodied in the following five aspects:

(1) confirmed the basic line for the primary stage of socialism in China, which is a center, two basic points for the country in the basic task of the new period.

(2) confirm the people's democratic dictatorship, the system of people's Congress system, unified multi-ethnic country structure as the fundamental system of the country, and prominent characteristics: the patriotic united front and Chinese CPC led multi-party cooperation system, political consultation and democratic supervision, special administrative divisions of a high degree of autonomy.

(3) the provisions of economic system of socialismThe form of system of ownership

                            Distribution mode

 

(3) the provisions of economic system of socialism

(4) provides for the construction of socialist spiritual civilization (characteristics)

 

(5) the provisions widely real right and necessary duty

                        Nature is different from the capitalist constitution

The above shows theThe 82 constitution  Different conditions on other socialist countries constitution

                         The stage is different from the China's Constitution

(two), the 82 constitution historical significance

First, summarized the experience of revolution and construction, and absorbs the beneficial things on the international.

Second, clearly stipulates the basic task of the nation, the construction of socialist modernization.

Third, the rise of theory and the basic line for the constitution, make the policy basis of the constitution.

Fourth, it is the national unity, national unity to ensure.

Fifth, it is a book to guarantee the people's rights

Sixth, provides the direction, principle and strength for the comprehensive reform and political democratization and the construction of spiritual civilization

(three), the 82 amendment to the Constitution

1, April 12, 1988, a meeting of the seven session of the National People's Congress on the 82 constitutional changes (through the 1-2 two Amendment)

The amendments to the tenth section fourth: cancel the ban land rental

By "no organization or individual may encroach upon, the sale, lease or other forms of illegal transfer of land" is amended as: "no organization or individual may encroach upon, the sale or other forms of illegal transfer of land. Land use rights can be transferred in accordance with the provisions of the "cancel the land rental prohibited.

The amendments to the eleventh: to confirm the position and reform of public ownership supplementary private economy

82 years of article eleventh of the constitution only two paragraphs, namely "the individual economy of urban and rural workers operating within the limits prescribed by law, is a complement to the socialist public ownership economy. Countries to maintain the legitimate rights and interests of the individual economy. State administrative management, guidance, help and supervise the individual economy." Modify the A. in the individual economy of urban and rural workers operating within the limits prescribed by law, is a complement to the socialist public ownership economy. The state protects the lawful rights and interests of the individual economy. B. state administrative management, guidance, help and supervise the individual economy. The C. countries to allow the private economy to exist and develop in the legal provisions, 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."

2.1993 years in March 29th eight session of National People's Congress, the first session of the third to the Eleventh Amendment to the constitution, the constitutional amendment formally established the constitutional status of the socialist market economy, increase the content of nine:

The clear China is in the primary stage of socialism

The establishment of a China socialism theory (Deng Xiaoping theory to rise for the constitution to prepare, currently three representatives)

The proposal of multi-party cooperation and political consultation system under the leadership of the Communist Party of Chinese will exist and develop for a long time (the democratic parties fight)

The proposed adhere to the reform and opening up

The confirmation of rural family contract responsibility system

The confirmation of the socialist market economy countries

The "highly civilized, highly democratic" to "a prosperous, democratic, civilized"

We will be "the state owned economy, state enterprise" to "state-owned enterprises"

The National People's Congress will be the term from three years to five years

In March 15th 3.1999, nine session of the National People's Congress passed the two meeting of "the people's Republic of China" for the 82 amendment to the constitution, the constitution is part of the changes, that is twelfth to seventeenth articles Amendment Act, which includes:

(1) the provisions of Deng Xiaoping theory guiding position in the preamble to the constitution, and clear China will stay in the primary stage of socialism.

(2) the fifth paragraph is added, stipulates: "the people's Republic of China to implement the basic strategy of ruling the country by law, build a socialist country ruled by law". (virtue may join)

(3) the provisions of the new economic system, increase the provisions of the Constitution in sixth: during the primary stage of socialism, the public ownership as the main body, the basic economic system of common development of multi ownership economy, hold to distribution according to work as the main body, a variety of modes of distribution coexist distribution system.

(4) to confirm the rural management system, the first paragraph of article eighth of the constitution "household contract based responsibility system" to "rural collective economic organizations in the implementation of the household contract management as the basis, the double management system."

(5) reduce the political words, in order to adapt to the construction of legal system, the connection with the international practice and modification of constitution, which is specified in section twenty-eighth of the "counter revolutionary activities" is amended as "the crime of endangering national security activities".

(6) the provisions of other primary stage of socialist economic policies, the article eleventh of the constitution revision merged into "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 state protects the lawful rights and interests of the individual economy, private economy. The state of the individual economy, private economy and exercises guidance, supervision and management."

In short, the leading thought of 99 years of constitutional is embodied in: sure reform and opening up twenty years of construction achievements and experience of the great banner of Deng Xiaoping theory; hold, maintain political stability; implement the rule of law, to promote the development of undertakings; provide the constitution as the reform and open policy guarantee; to meet the requirements of the times, strengthen the constitutional authority and vitality the.

Article 14 the Constitution adopted at the two session of the 4.2004 National People's Congress in March 14th ten amendments to amendments to the constitution.

In short, through three amendments to the constitution, to promote the development of constitution, manifested in: the constitution consciousness growth; the advantages of the system of people's Congress; formed a legal system with the constitution as the core; the standardization and institutionalization of the amendment of the constitution; constitutional potential security seriously and strengthen and social development relevant constitutional reform for.