Xu Chongde, a famous scientist of our constitution. The first constitution of the new China witnesses and participants. 1980 -- 1982 period, as the constitutional amendment Committee Secretariat members, participate in the draft constitution. In 1985, 1988, the Standing Committee of National People's Congress twice appointed as a member of the Hongkong, the Macao Special Administrative Region, the basic law drafting committee.

The fifth session of the National People's Congress fifth conference in December 4, 1982 passed and promulgated by the people's Republic of China Constitution that the current constitution. In 30 years, the current constitution guarantee of our country reforming and opening and socialist modernization construction going smoothly, play an extremely important role in the national economic, political, cultural and social life. In the 82 constitution promulgated 30 anniversary, this print and famous constitutional scholar Xu Chongde conducted an interview.

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Adhere to the supremacy of constitutional law, the legal foundation of the party and Administration

Theoretical magazine: party just concluded eighteen to include "comprehensively promote the rule of law", the reform development task deployment, as the constitutional experts, what is the focus of your attention?

Xu Chongde: and promulgated thirty anniversary of the constitution of the people's Republic of China, eighteenth National Congress of the Communist Party concluded successfully. Congress clearly put forward to building a well-off society in Chinese Communist Party was born one hundred years after the establishment of new Chinese; in one hundred years in 2049 build a prosperous, democratic and civilized and harmonious modern socialist country. This bold declaration, on behalf of the Chinese people's fundamental interests and common aspiration of people across the country, encouraging Chinese along the socialist road stride forward singing militant songs. Hold high the banner, to meet the requirements of the two goals, need to do a multitude of things, very heavy. The report described in detail to a series of new requirements to achieve in the original basis, including the further implementation of the rule of law issues. These requirements are very realistic and forward-looking.

Eighteen big report, to comprehensively promote the rule of law, adhere to equality before the law, guarantee law, strict law enforcement, violators are prosecuted, should carry forward the spirit of socialist rule of law, build the socialist concept of rule of law, enhance the whole society law respect the law-abiding consciousness. The report pointed out: "the Party led the people to formulate the Constitution and laws, the party must activities within the range of constitution and law. No organization or individual may be beyond the constitutional and legal privileges, must not be allowed to speak on behalf of the law, the right pressure method, the." In the face of reform and stability, heavy report, to "improve the leading cadres and the rule of law with the rule of law thinking way of deepening reform, promoting development, resolve conflicts, maintain stability."

Experience has proved that the reform and opening up, with the development and stability of unity: the development is the hard truth, is the top priority of the party in governing and rejuvenating the country. At the same time, stability is a hard task, not what all do not. Can say, 30 years, the 82 constitution in order to safeguard the national unity, national unity, social progress and the long period of stability and provides a legal basis for. The future must be under the guidance of constitution, maximally stimulating social vitality, increase harmonious factors, improve the scientific level of the social management, the harmonious and stable society full of vitality, ensure national long period of stability.

The constitution of the party's basic line for the total task of the state law

Weekly: the current constitution theory announced the 30 anniversary of the implementation process, is also a process of China's reform and opening up and modernization construction has made great achievements, the constitution is how to guarantee the reform and opening up and socialist modernization smoothly?

Xu Chongde: the party's basic line is formed gradually in the Third Plenary Session of the eleven, and finally by the party "it" to complete the accurate expression. The 82 constitution originally while "one center, two basic points" also write not as sharp as later, but the content of the main line has fully embodied. Then, in 1999, revised in 2004, the constitution of the party's basic line in the primary stage of socialism is perfectly legal for basic tasks, namely: "the state along the road of socialism with China characteristics, to concentrate its efforts on socialist modernization. China people will continue in the China under the leadership of the Communist Party, in the guidance of Marx Lenin doctrine, Mao Zedong thought, Deng Xiaoping Theory and the important thought of 'Three Represents', to uphold the people's democratic dictatorship, adhere to the socialist road, adhere to the reform and opening up, constantly improve the system of socialism, the development of the socialist market economy, developing socialist democracy, improve the socialist legal system, rely through one's own efforts, work hard and perseveringly, and gradually realize the industry, agriculture, national defence and science and technology to promote the modernization, material civilization, political civilization and spiritual civilization coordinated development, to build China into a prosperous, democratic, civilized socialist country."

Deng Xiaoping said, basic line one hundred years do not shake. The existing constitution published since 30 years China people to achieve this basic line and efforts of the 30 years of reform and opening up, is gradually deepening 30 years. The constitution to market economy instead of the planned economy, the socialist economic construction has made brilliant achievements. After 30 years of beautifully economic development, China has become the world's second largest economy and the world's major powers.

Formation of the socialist legal system with the constitution as the supreme

Weekly: Theory of the formation of the socialist legal system China characteristics, set up a monument in process of democracy and the legal system in china. How to realize the leading role in the socialist legal system Chinese constitution characteristics?

Xu Chongde: Published in 1982, the constitution, the provisions of the "develop socialist democracy, improve the socialist legal system" task. This is a summary of experiences and lessons since the founding of new China, the nihilism of law and rule of man phenomenon bring order out of chaos. In 1999 March, the National People's Congress passed the Thirteenth Amendment to the Constitution: in the general program and add to the "people's Republic of China to implement the rule of law, building a socialist country ruled by law". Follow the provisions of the constitution, for many years under the leadership of the party, after all aspects unremittingly efforts, finally in 2010 established a foothold in China situation, adapt to the reform and opening up and socialist modernization construction, embodies the party and the will of the people, is headed by the constitution, the law as the main line, including the administrative regulations, local regulations, autonomous regulations and specific regulations, the socialist legal system is composed of Chinese characteristics related to the constitution, civil and commercial law, administrative law, economic law, social law, criminal law, litigation and non litigation procedural law and other legal departments. The formation of this system to our country's economic construction, political construction, cultural construction, social construction and the construction of ecological civilization has realized there, so as to lay a solid foundation for the country prosperous, the legal foundation for long period of stability. Future under the correct leadership of the party, play a more important role in China's socialist legal system will be further improved, development and.

The constitution recognizes and consolidate the political system

Weekly: the constitution theory is how to consolidate the political system in China?

Xu Chongde: China Communist governance by constitution, need to establish and consolidate the political system of the state, is the main:

(1) the system of people's democratic dictatorship -- China is the people's democratic dictatorship led by the working class and based on the worker peasant alliance of socialist countries. In 30 years, the leadership of the working class (the Communist Party) is increasing, the alliance of workers and peasants unprecedented consolidation.

(2) the people's Congress system created by the China -- people in long-term revolutionary war, the people of our country of be in power is to ensure the most suitable fundamental political system. In 30 years, reform the system, such as the National People's Congress by the past an election to election difference, urban and rural voters realize equal representation, the Standing Committee of the NPC Standing Committee set up, and so on, people's Congress political enthusiasm rising, in 2012 eleventh session of the National People's Congress fourth conference, NPC deputies put forward recommend up to 8043 pieces of many, shows more and more Democratic Congress to expand and deepen.

(3) the CPC led multi-party cooperation and political consultation system of the Communist Party of China -- on the democratic parties is based on the basic principle of "long-term coexistence, mutual supervision, be in perfect sympathy with each other, sharing weal and woe", therefore, the current constitution stipulates: "the united front will continue to consolidate and develop." Also provides that: Political Consultative Conference last played an important role in history, the future is still "will further play its important role in." In 30 years, the United Front is increasingly consolidated, the Political Consultative Conference in the country's political life, social life and foreign friendly activities, in the construction of socialist modernization, maintain the unity of the national struggle, do a lot of work, play an important role, this is be known to all the facts.

(4) the system of regional ethnic autonomy -- under unified central leadership, in areas inhabited by ethnic minorities as the basis, the establishment of ethnic autonomous areas, organs of self-government are established to exercise the power of autonomy, so that, the implementation of regional autonomy of ethnic people realize, be in power to manage their own internal local affairs. 30 years, our country has established 5 autonomous regions, 30 autonomous prefectures, 120 counties, both to ensure national unity, national unity, and ensure the realization of the rights of ethnic minorities.

(5) part of grass-roots mass self-government system -- the system of socialist democracy are the Chinese characteristics. The constitution published over the past 30 years, the majority of the masses through direct elections, the residents' committee, villagers' committee composed of the management of local public affairs and public welfare undertakings according to law, the masses of self management, self education, self - service, self supervision, effectively realize the people as the masters of the rights, realization of the connection and interaction between government administration and the masses autonomous.

In addition, according to Article thirty-first of the constitution, China has in 1997 and 1999, Hongkong has set up two special administrative region, Macao. The system of Special Administrative Region to follow the "one country two systems", a high degree of autonomy, port (Australia) Hong Kong (Australia) policy establishment. Maintain the prosperity and stability of Hong Kong and Macao, Hong Kong and Macao's return has profound impact on Taiwan.

Basic rights and constitutional guarantees of freedom of citizens

Weekly: theory as the fundamental law, constitution, except as stated in the above China's state system, government form, the basic policy of our country, but also provides the basic rights and duties of citizens. With the combination of the eighteen report, please talk about the constitution is to protect the rights and freedoms of citizens?

Xu Chongde: Eighteen big reports of the party point out: "pay more attention to play an important role in the state governance and the rule of law in social management, maintaining the unification of the legal system of the state, the dignity, authority, and ensure that the people enjoy extensive rights and freedoms under the law." People oriented is the starting point of the Communist Party of China governance and footing. The Constitution stipulate that citizens enjoy the basic rights and freedoms widely. Including the right to vote and to be elected, political rights and freedom of speech, press, assembly, association, parade, demonstration of freedom; personal inviolability, human dignity is not violated, the protected personal freedom of communication. The constitution, citizens enjoy the freedom of religious belief, enjoy the labor rights, the right to rest, right to material assistance and other social and economic rights, freedom right to education and to engage in a variety of cultural activities. Not only that, the relevant provisions of the Constitution also keep pace with the times, constantly enrich. In 2004 March, the National People's Congress passed the twenty-fourth amendment to the constitution, "the state respects and safeguards human rights" was written into the constitution, embodies the essential requirement of the socialist system, is conducive to the development of China's human rights, but also conducive to our cooperation in the international human rights cause in exchange. With the constitution as the commander, in 2012 March, the fifth meeting of the eleventh session of the National People's Congress amended "Criminal Procedure Law", "respect and protect human rights" is written in the law. It will further strengthen the punishment of crime, safeguard judicial justice and the legitimate rights and interests of citizens to provide a strong guarantee.

Subject extension

The 82 constitution four times into the new content

The current constitution (the 82 constitution) was promulgated, China in 1988, 1993, 1999, 2004, has 4 times constitutional amendments to amendments to the constitution, continuously inject new content and spirit.

The private sector of the economy in the constitution. In 1988, the first amendment to the constitution to increase the "provisions of the state to allow the private economy to exist and develop" within the limits prescribed by law.

The market economy in the constitution. In 1993, the second amendment to the Constitution by, "household contract based responsibility system" instead of "people's communes", "socialist market economy" instead of "planned economy", strengthen the protection of economic rights.

The rule of law in the constitution. In 1999, the third amendment to the Constitution by the modification of the production management system, rural; establish the status of the non-public sectors of the economy in socialist market economy; "rule of law" in the constitution.

Human rights in the constitution. In 2004, the fourth amendment, "human rights into constitution" has become the biggest bright spot. The state respects and safeguards human rights, protect the lawful private property and inheritance rights, was written into the constitution.

Source: Beijing daily