On The Basic Rights Clause Of The "May 4th Constitution" And Its Implementation

Every true history is contemporary history.As a true history,the constitutional history also has its own contemporaneity.The research on the normative intentions and implementation of the articles of the fundamental rights of the Constitution of the People's Republic of China(1954)will have theoretical and practical significance significance for comprehensively implementing the present constitution in the historical process of the Chinese constitution changed from a semantic constitution to a normative constitution.The whole paper consists of three parts: introduction,main body and conclusion.The introduction shows some basic bedding work,what the author mainly introduces is the origin of the topic,the research object and method,the academic research status and the innovation of this article.The main body is divided into three chapters.In the first chapter,combined with the text of the Constitution of China(1954),the author explore several issues of the basic principles of the fundamental rights and then provide the analytical framework for normatively annotating of the articles of fundamental rights.The author believes that the fundamental rights not only can be enjoyed by the individual as some subjective rights,it's also acted as some objective norms during the country exercising the public power.So,the fundamental rights have some functions of defensing,partaking,sharing,procedural protection,institutional protection and legitimacy.According to the nature and functions mentioned above,the fundamental rights can be divided into five specific types,which is the fundamental right of equality,the fundamental right of freedom,the fundamental right of political participation,the social fundamental right and the procedural fundamental right.In addition,what we cannot ignored is that the limitations and reservations of the fundamental rights by constitution will benefit the protections of the fundamental rights.In the second chapter,in order to interpreting the normative intentions of the articles of the fundamental rights of the Constitution of China(1954),we are not limited by the intention of the constitutional drafters and the constitutional doctrines that they have accepted at that time,but rather based on the objective interpretation theory and the basic principles of the fundamental rights.With this way,it's also providing a standardized standard to examine the implementation of the articles of fundamental rights.The bill of the fundamental rights of the Constitution of China(1954)were constituted by the fundamental rights(narrow)which stipulated in Chapter ?The Fundamental Rights and Duties of Citizens and the quasi-fundamental rights which stipulated in the rest chapters.Interpreting constitution should give every word in the text of a normative meaning.In the third chapter,take three specific types of the fundamental rights as an example,such as the fundamental right of equality,the right of property freedom,and the right to vote,which are closely related to the major historical events in the period of the Constitution of China(1954).By sorting out and analyzing Selected Important Documents since the Founding of the People's Republic of China and then empirically examining the implementation of the articles of the fundamental rights of the Constitution of China(1954)during the years 1954-1965.Based on the above research,the author points out in the conclusion part that the way to implementation of the articles of the fundamental rights of the Constitution of China(1954)was mostly political rather than legal.Accordingly,during this period,the protection of the fundamental rights was mostly political rather than legal too.Even so,as the fact we all known,with these measures,we still unable to stop the Anti-Rightist Movement(1957)and the Great Proletarian Cultural Revolution and unable to guard against and sanction various acts of public power infringing upon the fundamental rights of citizens effectively.The historical experience tells people that the fundamental purpose of comprehensively implementing the rule of constitution is to protect the fundamental rights of citizens,we cannot treat the articles of the fundamental rights as some political declarations or guidelines.It is necessary to activate the constitutional interpretation system,so coping with the changes of the times and the practical needs,and then enrich and develop the normative intentions of the fundamental rights.In addition,it is need to construct the constitutional litigation system with Chinese Characteristics,which can provide citizens with effective relief for their fundamental rights.This is where the contemporaneity of constitutional history.