A Historical Inspection Of Formulation Of The First Constitution's Of The People's Republic Of China

The formulation of the first constitution of the People's Republic of China, which is a result of the particular historical circumstances of the Chinese Communist Party leading Chinese people exploring the road from New Democracy to socialism. From the time when the founding of the people 's Republic of China to .1953, Chinese New Democracy construction has achieved great success. At this time, China is in a period from New Democracy to socialism, Facing a difficult task of One transformation and Three Reforms'. In order to realize the task, it need mobilize all people's power, establish a highly unitcd state leading system. Therefore, it's necessary to build a new constitution to replace the Common Programme' which acting as a temporary constitution.Under the above historical background, the constitution makers of the people's Republic of China subjectively try to proceed from objective reality, take Marxism and Mao zedorg Thought as the guiding principle, stick to democracy and socialist principle, leader and masses combination principle, scientific principle, summary and reference combination principle, scientific pr~nciple. summary and reference combination principle, principality and nimblity combination principle and they pour. themslves into the ~vork heart and soul. During the time of one year and nine months, they lead and organize Chinese people to formulate the first socialist constitution in the history of the People's Republic of China. The constitution was adopted in the First National People Representative conference on, September 20th, 1954 it's also called Constitution of 1954.The constitution of 1954 fixes the concrete steps of realizing the national general task of transitioning period by the forn of law, it clearly set the principles of people's democracy and socialism, and lay the road of forwarding socialism. For this reason, comparing with the. Common Prograninie' it has a clear development and change. However, because then China don't entered into socialist period, it is only a constitution of transitioning period and is not a complete socialist constitution, it only records the party's general line of the transitioning period and China's basic economic system and policy, so it has unavoidable historical limit. When it was formulated, it had some insufficient in guiding principle and formulation procedure, the constitution makers excessively mechanically copied the experience of the Soviet Union, as to the constitution theory and experience of European and American Capitalist states, they did not gave appraisal and reference of truth from the fhct.This article uses historical theory as its basis, and combines with the idea of constitutionology, sticks to the methodology of Marxism dialectical and historical materialism, tries to by means of recalling the history of the formulation of the first constitution of the people's Republic of China, and sum lip some experiences and lessons from it, in order to provide spine references for the policy's practice of China's Administer state by Law at present.