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Research On The Principle Of Democratic Centralism In Our Constitution Text

Posted on:2010-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:F W YuFull Text:PDF
GTID:2166360278973774Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The first paragraph of Article III of the Constitution stipulates: "The People's Republic of China national institutions to implement the principle of democratic centralism." The principle of democratic centralism is our constitutional form of government organizational principles. However, whether political or academic jurisprudence on the principle of democratic centralism research largely focused on the principles of a political party level, very few have the constitutional point of view to interpret constitutional text in the meaning of the principle of democratic centralism. A lot of textbooks of Constitution make simple statements about the principle of democratic centralism, limited interpretation to the normative text of the Constitution, but also distorted the meaning of the principle. Therefore, it is necessary to explain the scientific connotation of the principle of democratic centralism, to resolve the meaning of the Constitution. Not only this is conducive to theoretical research of the Constitution, but also it will have a major practical value for our construction of constitutional system.The main content of this paper is divided into four parts. The first part is mainly about the origin and development of the principle of democratic centralism, including who pioneered the concept of the principle, as well as the emergence of the principle of democratic centralism in theory. The principle of democratic centralism is the principle of proletarian parties. It's based on the experience of the activities of political parties and inherited society organizations, national system by Marxist criticism. Based on the succession of the development of China's Communists, it becomes the principle of China's system of government organizations. The second part of the article explains the essence of democratic centralism, and reveals its most essential provisions. As a perspective to the principle of history, democratic centralism is a centralized system of democracy, rather than focus on the parallel combination of democracy and centralism. Its essence lies in its procedure value of majority rule. Democracy is the basis of the principle of democratic centralism, which is unlike the autocratic centralized system. In essence, the principle of democratic centralism belongs to the scope of democracy and it's an integral part of democratic politics. The third part mainly interprets of the meaning of the principle of democratic centralism in constitutional text. As the organizational principle of our government system, the principle of democratic centralism is a constitutional specific principle; it's a majority rule of procedure; it's a system that minority views are respected and the protection; and it's a right for everyone express their views. The forth part of the article is mainly about the relationship between the principle of democratic centralism and the Combination of Legislative and Executive Powers. China's system of government organizational principles is the principle of democratic centralism. In a sense, democratic centralism and combination of legislative and executive powers are opposing concepts.
Keywords/Search Tags:Polity, Democratic Centralism, Constitutional Text, Combination of Legislative and Executive Powers
PDF Full Text Request
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