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The Study On The Course And Experience That CPC Lead People To Make And Revise Constitution

Posted on:2018-05-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:W J XieFull Text:PDF
GTID:1316330518483523Subject:Chinese Communist Party
Abstract/Summary:PDF Full Text Request
Starting with discussing the constitution culture of China in recent times,this paper presents the history that the Communist Party of China(CPC)drew up and revised the constitution systematically and summarizes the experiences and lessons learned preliminarily to find the development trend and way that CPC will revise and improve the constitution in the new period.The first chapter starts from the creation and evolution of the constitution before the birth of the constitution of the People's Republic of China,and discusses the constitutional thoughts of the early intellectuals and the practice of their pursuing constitutional government as well as the attempting to drawing the constitution,the failure reasons and the historical progress of the government of the late Qing dynasty,the Beiyang,the Nanjing National Government and the CPC.The second chapter discusses the history of drawing up and revising the constitution by CPC before the reform and opening up.In this part,the paper analyzes that when the 1954 constitution was drawn up,the CPC consulted the constitutional model,procedure,content and normative expression of other countries,and fully combined China's national conditions to maintain a reasonable balance between local and foreign experience.The constitutional political structure and system that the 1954 constitution established laid the foundation of the socialist constitutional framework with Chinese characteristics.To judge the level of the rule of law in a country,the key is the state of the implementing the constitution.If the constitution is not implemented,it's same to no constitution and the rule of law and constitutional political construction will not be mentioned.The 1975 constitution and the 1978 Constitution couldn't get rid of the influence of "left" thought or reflect the spirit and principles of socialist constitutionalism.The third chapter discusses the CPC and the current constitution.The 1982 constitution which is hard worked out for the 31 amendments is amended 4 times in the period of the reform and opening up,with a profound imprint of the times,is the microcosm of China's reform and opening up and economic and social development.In particular,the 31 amendments which has a very rich connotation of the rule of law inventively,responded the deep call of China's economic system reform and the development of democracy and the rule of law,and expressed the pursuit of value of abandoning centralized,breaking the monopoly,restraining power,advocating democracy,pursuing freedom,focusing on equality,respecting human rights,protecting rights and encouraging openness,as well as described the dream of promoting the rule by law and building the rule of law directly.The fourth chapter discusses the historical experience of the CPC drawing up and revising the constitution:including regulating the relationship between the CPC and the Constitution,releasing the pluralistic value of constitutional amendment,further improving the constitutional amendment under the leading of the CPC and the guiding thought of the CPC to advance with times is the constitutional revision.The fifth chapter discussed the development and evolution of the constitutional values of the CPC.In this part,the constitutional responsibility of the CPC is pointed out.It will take arduous efforts to make constitutional norms be the constitutional reality,which includes establishing the correct values of the constitution,improving the constitutional mechanism,perfect the constitutional process.Only the convincing answer is given to the matters about constitutional authority,constitutional life and constitutional development that people repeatedly ask in the real society honestly and earnestly can the CPC continue to promote the progress of the rule of law confidently...
Keywords/Search Tags:The Communist Party of China, Constitution, The drawing-up and revision of the constitution, Process, Experience
PDF Full Text Request
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