Constitution Of The People's Republic Of China Four Comparative Study

The history of constitution in China has been nearly one hundred years old since the Qing Dynasty promulgated the Outline of Constitution Granted by the Emperor. Four constitutions have been issued since the People's Republic of China founded, that is, the constitution published in 1954,1975,1978 and the last one, published in 1982. The history of constitution in the People's Republic of China is surging forward with great momentum, with great achievement, also with mistakes and even backwardness. The constitution is a window from which the history and politics of the state are understood, the basic political and economical institution, the basic human right of the citizens, the organization of the nation structure can also be known from it. The fate of constitution is connected with the fate of the country closely, and the development of a country can be learned from the change of the constitution. In this thesis, the author wants to analyze the merits and shortcomings of the constitutions and put forward some advice on how to improve the constitution through the comparative research of the four constitutions of China. The thesis is made up of 7 chapters, 170,000 words.The first chapter is the introduction. In this chapter, the following 3 questions will be answered: firstly, the history of Chinese will be reviewed and the root of the constitution of the People's Republic of China will be analyzed simply. Secondly, the author will introduce the theory and practice importance of the topic, the research achievement up to now and the research method that will be used in the thesis. Thirdly, the problem which the thesis will deal with is put forward. The preface of the four constitutions is researched comparatively in the second chapter, the basic conclusion that the preface is the soul of the constitution and also the most unstable part of the constitution that must be improved eagerly by the analyzing of the retrospection of Chinese history, the united front, the policy on minority people and the policy on foreign affairs. Chapter three deals with the comparative research about the four constitutions' outline. In this paragraph, three problems are discussed, that is, the basic economical institution of the state, the fundamental political system and the fundamental institution on the minority people. The thesis explains the difference of the four constitutions on the public ownership and the private ownership and the trail of the development of Chinese economy is checked in this part. In the part of fundamental political system, the thesis expounds how the constitution frame decides the basic nature of our state and the organization form of our state regime. In the part of the fundamental institution on the minority people, the thesis explores the merits and shortcomings of the four constitutions' decision on the institution of regional autonomy of minority nationality. The chapter four is made up of the comparative research on the basic right and basic duty of Chinese citizens in the four constitutions. The basic conclusion of this chapter is that the basic rights of Chinese citizens granted by the four constitutions is not complete and always can not realize, on the otherwise, the basic duty of Chinese citizens decided by constitutions are detailed, so, according to the nature of the constitution, we must expand the basic right of citizens and reduce or cut the content of basic duty of citizens in the constitution.Chapter five deals with the state organization. The development of the constitutions' decisions on the National People's Congress and the standing committee of National People's Congress, the State Council, the President of the People 's Republic of China, Military commission of the Central Committee, the people's court, the people's procuratorate is expounded here, and the merits and mistakes of them are explained here too.The six chapter is made up of the comparative research on the state flag, national anthem, national emblem on the constitutions.In the seventh chapter,...