4, 2004 Revision (06-07 year first semester multiple-choice)

(1) the establishment of the "Three Represents" important thought guiding status in the country's political and social life

1) the seventh paragraph of the preamble: "in the Marx Lenin doctrine, Mao Zedong thought, Deng Xiaoping Theory" to "the guidance of Mao Zedong thought, Marx Lenin, Deng Xiaoping Theory and the important thought of 'Three Represents' under". Ensure that the party's views and the will of the people, reflects the common will of the people, to provide a common ideological basis for the future of the whole Party and the people continue to struggle in the new century and the new stage, have important real significance and far-reaching historical significance.

    What is the "Three Represents"? Chinese China Communist Party should always represent the development demand of advanced productivity, Chinese China direction of advanced culture, the fundamental interests of the people, is our party establish a party this, be in office base, the source of force.
2) the seventh paragraph of the preamble: "along the construction of socialism with Chinese characteristics of the road" to "construction along the path of socialism with Chinese characteristics". A little "a" word.

(2) increased the contents of the coordinated development of three civilizations.

 The seventh paragraph of the preamble: "gradually realize the industry, agriculture, national defence and science and technology modernization" to " gradually realize the industry, agriculture, national defence and science and technology to promote the modernization, material civilization, political civilization and spiritual civilization coordinated development". Corresponding with prosperity, democracy, civilization, rigorous logic comparison. But, as their political democracy, but also meet the needs of social development, must learn the western democracy, emphasizes the political civilization, to find a legal basis.

 

(3) in the United Front in the expression of the socialist cause builders increase.

 The tenth paragraph of the preamble: "in the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China, the democratic parties and people's organizations, including all socialist laborers, patriots supporting socialism, love and support the reunification of the motherland in the broadest patriotic united front, this united front will continue to consolidate and develop." To "in the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China, 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 extensive patriotic united front, this united front will continue to consolidate and develop."

In reality, there are many private entrepreneurs, individual industrial and commercial households, free occupation, senior managers, they are obviously not the working class, the peasant class and intellectuals, they are the new name, the builders of the socialist cause.

 

(4) to improve the land expropriation system.

1) background:

   As the property is often levy, here as a country often not timely, reasonable compensation. As the Constitution does not provide such rights. There is often a local people's Congress or the government to formulate corresponding regulations or rules to decide, how much.

   Here for instance with the Department, in urban and rural areas because of the demolition, will they have completed 100000 yuan of housing, pushed off, and then only compensation 9000 yuan. Of course, also some people because of road construction, and earned a large sum of money. Here, for example, farmers because you know the road here will extend, hurried on both sides of the road in built cheap housing, as the country down the houses here, they obtain excess compensation, earned a. This is obviously unreasonable. Some of the houses, lots advantage so bad, the amount of compensation is different, this is clearly unfair, here at least reflected from the amount. To know the law is to protect the weak, to know that the law is fair.

Moreover, there should be as the enterprise is not in accordance with market rules to negotiate, but by the government to the compulsory acquisition of land use rights from the hands of property, and then sold to developers for commercial development, a serious departure from the practice of the essence of the public interest, in addition to the private saving owners deserve compensation is greatly reduced. The use of low coercive measures imposed on countries or free land from residents or farmers levied over, if sold at market prices to developers, then the huge price falls on the hands of the government; if the government low-cost or free from the land below market prices or free sold to developers, so great post intermediate fell into the hands of developers. Can say, in this case, no matter what prices sold by the government, the final result is the residents or farmers can receive little or no compensation.

2) article tenth paragraph third "countries in need of public interest, may requisition land for its use in accordance with the law." "of the state in the public interest, land expropriation or requisition regulations on in accordance with the law, and give."

 A, expropriation and requisition of difference?

Expropriation and requisition by using national mandatory force of citizen's private property rights restrictions. But they are different in the law.

First of all, from the legal effect, levy is a change in ownership, the right to the use of expropriation is change. Levy is the country of ownership or other rights directly from the hands of expropriation behavior, the result is right shifted; expropriation is only mandatory use of emergency, once the emergency is over, the requisition of objects should be returned to the original owner. "Land administration law" of rural collective owned land into state-owned land situation, is actually a collection, and temporary land use situation which sets, is the requisition.

Second, expropriation, requisition later compensation is different. In the case of expropriation, because no transfer of ownership, if the subject matter is not damaged or lost, shall return the original, and the collection of cases, there is no return of the problem. Because the collection is the transfer of ownership, the greater the expropriation losses, the compensation is higher.

Third, applicable conditions of expropriation and requisition are also different.

Expropriation is generally applicable to a temporary state of emergency, and the expropriation is based on the public interest. Our proposal of amendment to the constitution to distinguish these two concepts, to clarify the different legal relationship, is of great significance to handle the relationship between the public interest and the private property rights restrictions.

 

5, to further clarify the development of non-public economic policy.

(1) the legislative background:

   Here, in fact, it reflects a trend.

   The constitution of China has confirmed the basic economic system in the primary stage of socialism in our country which the public ownership as the main body, a variety of economy system common development system, and a system framework, the private economy have been affirmed by the Constitution and the protection. To meet the needs of China's reform and opening up and the construction of socialist market economic system.

The first amendment to the Constitution in 1988 through the recognition of the legitimacy, the private sector of the economy clearly stipulates: "the state protects the lawful rights and interests of the private economy" and confirmed that "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........ Implement the guidance, supervision and management of the private sector of the economy."

   The 1999 amendment to the constitution further stipulates: "the individual economy, private economy and other non-public sectors of the economy, is an important component part of the socialist market economy....... The state of the individual economy, private economy, guidance, supervision and management." Individual economy and private economy from "supplement" of socialist public ownership economy's status as "an important component part of the socialist market economy".

   Now, "the state protects the individual economy, private economy and other non-public sectors of the economy's legitimate rights and interests. 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." Obviously, from property rights angle the private property rights and other property rights in the law shall be treated equally, is actually to private property rights and other property rights to equal legal status. Three is the protection scope is widened, so, on the whole, in fact is to improve the legal status of private economy, strengthening the legal protection of private property. This is to deepen the understanding of the important role of the non-public sector of the economy in the primary stage of socialism, is to deepen the understanding of the Chinese socialism, but also to the basic economic system with the public ownership as the main body, various kinds of ownership economy develop jointly improve.

2.Article eleventh paragraph second "the state protects the individual economy, private economy's legitimate rights and interests. The state of the individual economy, private economy to implement the guidance, supervision and management."

(3) the reason:

 In fact, as private ownership, shall mean a necessary circumstances people development, here as long as people, not God, that here is in accordance with the provisions of this go.Remember me with a Buddhist conversations, as she always emphasized that as he is selfless, I asked, if it is in a sealed inside the building, two people are able to breath, is bound to have a death, that in this case, if you wanted to die.? Also, one between the crime, whether you are going to report, expose? At that time, the Buddhist said he would, but when I got to the face of other people's eyes, she did not answer, because this does not conform to the human eye, will be condemned by feeling, so the West has been called the witness question.

   It is our present economic life, in fact, too, is the emphasis on the protection of private concept, as you can in the relevant private activities, the money is your own, in order to inspire people to create social wealth. Here is the right way. If still emphasize public ownership, believe not long support, everybody is not willing to do, society will decline, unless the state is extremely rich case.

 

(6) improve the regulations on the protection of private property.

2) of article thirteenth of the constitution "the state protects the right of citizens lawfully earned income, savings, houses and other lawful property." "The state protects by law the right of citizens to inherit private property."

Instead of"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 expropriation and compensation in accordance with the law."

1) historical background:

  3 years ago, which belongs to the legal property of 28 kilograms of gold were detained in Chaling County Public Security Bureau in transit, then the Public Security Bureau has sold gold melted, and carve up the about 2000000 yuan and the local procuratorate and court! According to the November 27th "Southern Weekend" report, 2000 November, Haikou City Public Security Bureau just a groundless report will be chairman of the private enterprises in Hainan Ocean Resources Corporation, detention, and without a court decision will be marine group 180000000 transfer of assets. Some local governments, when in need of access to private capital, try various devices to mobilize the private entrepreneurs to come in, but when they enter after achieved remarkable results, and making trouble, misappropriation of house property. In many disputes, citizens housing and other private property is violated thing, it is It is often seen......

    Here, the private economy from small to large in China and the western countries of different natural development, China has experienced an elimination of private ownership movement. At the beginning of the establishment of the "socialist transformation" is to deprive of private property as the main content. After 20 years, "challenges selfishness and criticizes revisionism", "hendou private words flash", "cutting the tail of capitalism" and a series of political movements, the basic "extinct China private property". Practice has proved, which go beyond the socialist road type is dead. Since the reform and opening up, Chinese leaders gradually realize that we can develop a socialist market economy, and make market economy must be the protection of private property.

    So, with the development of economy, here as a private economy force has been continuously strengthened, as the law will continue to establish and consolidate their position. Here from the 1988 constitutional amendment to "private economy" rectification of names, to 1993 will be a "market economy" into the Constitution in 1999, and then to the constitution "the state protects the individual economy, private economy's legitimate rights and interests", on the protection of private property rights Chinese gradually warming.

However, many private enterprises still dare not go out, because they worry that policy will change, after all, that a "transformation" in the history of the impression is too deep. So, later as a domestic private capitalists earn money, make every attempt to put money to transfer out and cast back, this is to enjoy the preferential policy of "foreign", another important aspect is to prevent future be confiscated.

 Market economy is based on transaction as basic link economy, and trading is in different attribution of goods property rights is a prerequisite for.

  Only the private property is protected, the economic subject of market economy only "qualified" to bear all the responsibility. Following the same logic, only effectively protect private property, private property rights can be protected. The protection of private property, is to protect the property of the enterprise. In the proper sense of the market economy, is the first private property, and funded by the private sector to form enterprise. To engage in a market economy, not the development of private economy; to develop the private economy, we must protect private property. That is to say, the protection of private property, is a pivotal link. The West has a famous saying: "wind, rain can enter, the king can not enter." My house was broken, the wind and rain can leak into, but the king is allowed to enter -- it is stressed that the private property, inviolability.

2) as the 82 constitution basically focused on his lawfully earned income, savings, houses and other lawful property security, namely the main emphasis on the civic life of data security, and despise the property right and other civil main body production data security.

A, the legal concept that the ownership of the property, property right is a main form, but does not include other types of property, but not include creditor's rights, intellectual property rights and other property rights. Defining the security object, apparently with the requirements of the market economy is not compatible.

B, here the Constitution provides for now, private property expropriation, as a country must be given compensation.

 

3) is important constitutional amendment advice,

  First, clear the private property of citizens are not violated as a basic principle to confirm, break only to citizens' ownership protection restrictions, with the "property rights" to replace the original provisions of the "ownership", which provides the basis not only for the protection of private property, also provides the Constitution on the basis of protection for other rights, such as civil investment rights, equity, intellectual property rights and other lawful property rights provides the constitutional protection on the basis of. In the modern market economy condition, although still are very important for protecting object, but a variety of investment rights and intangible property is extremely important, especially in the era of knowledge economy and information. "Ownership" connotation cannot include freedom of business, franchise as well as other than ownership, creditor's rights, rights of property.

Secondly, the citizen's property form no longer list, as long as the legitimate property of citizens, the law should all be equal protection. This also makes the citizen property protected further expand the scope of the property, including various types of future. Further, state of all the lawful private property of citizens are protected, the protection scope of both materials, including the means of production.

4) although the amendment suggestions greatly broadens the protection of private property rights, but the scope of protection is not boundless, which requires the protection of private property must be legal, illegal property is not protected. For example, corruption and bribery, theft, robbery of property not subject to the protection of the law.

 

(7) increased to establish and perfect the provisions of social security system.

Article fourteenth (1) increase) one paragraph is added as the fourth paragraph: "the state, establish sound development with the economic level of the social security. It is the objective requirement of socialist market economy, is the important guarantee of social stability and national long period of stability. As workers, must need to have relevant security, if is ordinary nanny, as an employer is not required to bear the responsibility.

 

(8) the provisions to increase respect and protection of human rights.

1) based on the consideration of practical interest, as the relevant law enforcement departments, often do not pay much attention to human rights.

2) chapter second "basic rights and duties of citizens" (thirty-third increase)

One paragraph is added as the third paragraph:, "the state respects and safeguards human rights."

3) however, the greatest flash point here, is that the fourth amendment here depart from one's normal behavior, propose the state respects and safeguards human rights and citizen's private rightful property.

A is declared in the constitution, function, each declared a basic civil rights, to draw a line for the state power, that this is private citizens, public rights shall not be involved in;

B, solves the problem of the relationship between the state and citizens, to "respect and ensure human rights" will become the basis for the work of state organs, also became the highest principle of state functionaries to perform their duties;

C, from the legislation can be a presumption of rights, "human rights" to cover the basic rights of citizens "rights, can use the" mother "mother right" way of "presumption right", and gradually formed a complete system of "human rights";

To provide legal according to D, the judicial protection, when some of the rights not to be found in the specific legal, the court may according to the protection of human rights principles of law of civil protection.

 

(9) and regulations of the National People's Congress.

 Article fifty-ninth the first paragraph: "the National People's Congress is composed of deputies elected from the province, municipality directly under the central government and autonomous regions, the army. On behalf of all the minority nationalities are entitled to appropriate." To "the National People's Congress on behalf of the provincial, autonomous region, the municipality directly under the central government, Special Administrative Region and the military elected. On behalf of all the minority nationalities are entitled to appropriate."

 

(10) the provisions about the state of emergency.

1) the provisions of the sixty-seventh National People's Congress Standing Committee authority twentieth "decision of the national or individual provinces, autonomous region, municipality directly under the central government, martial law; to" decision of the national or individual provinces, autonomous region, municipality directly under the central government, the state of emergency";

2) the provisions of article eightieth of the constitution of the people's Republic of China according to the chairman of Standing Committee of National People's Congress decided to "proclaim the order of martial law" into "declared a state of emergency";

3) of article eighty-ninth of the constitution the provisions of the State Council authority sixteenth "decided to province, autonomous region, municipality directly under the central government, the imposition of martial law in parts" to "in accordance with the law to determine Province, autonomous regions and municipalities, in some areas in the state of emergency"

  

(11) the provisions about the president authority

 Article eighty-first of the Constitution: "the president of the people's Republic of China on behalf of the people's Republic of China, receiving foreign envoys" increased as the "President of the people's Republic of China on behalf of the people's Republic of China, state activities, receiving foreign envoys"

 

(12) to amend the provisions of township government office.

 Article ninety-eighth: "the term of office for each province, municipality directly under the central government, city, county, city, District People's Congress five years. Each term Township, nationality township, Town People's Congress three years." Congress "people's congresses at various levels of local term of five."

 

(13) increase the provisions of the national anthem.

Chapter "flag, national emblem, the capital" chapter fourth to "flag, anthem, the national emblem, the capital"; one paragraph is added to chapter fourth and 136th, as the second paragraph: "the National Anthem of the people's Republic of China is the" Yi Yongjun curve ".

 

(three) characteristics of the four Amendment:

1, too frequent. 1949-1954-1978-1982-1988-1993-1999-2004, basically just once in 6 years.

2, strong political nature. Is often affected by personal or party, also reflects the relevant political theory.

3, emphasize the economic system: as for the private economy's attitude.

4, emphasis on human rights. Especially the 2004 amendment, including property rights problem.

5, in the reform of national institutions such as the National People's Congress: the provisions.

 

Homework:

1, the British constitution is the Constitution (); American constitution was the first constitution (); Marx said the world human rights declaration is (); Europe's first constitution is (); the first socialist constitution is ().

2, the old Chinese first constitutional document is (); the old China constitutional history nature of constitution only a bourgeois file is (); the old China first constitution is ().

3, the new China total is made () to the temporary effect of constitution and an up ().

4, the 1982 constitution is composed of (), (), (), (), (), a total of 138. 1982 the provisions of the constitution of the leadership of the Communist Party of Chinese () and () will exist and develop for a long time; the people's Republic of China will () (), the construction of a country under the rule of law; during the primary stage of socialism, adhere to the () as the main body, multiple ownership of the common economic development of the basic economic system. Adhere to () as the main body, a variety of modes of distribution coexist distribution system. Rural collective economic organization () () as the foundation, the dual management system; the state in order to () needs, in accordance with the law on land expropriation () or (), and give the.

What is the 5, modern constitution produce conditions?

What is the main content of the 6, the 2004 amendment to the Constitution?