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The Conflict And Compatibility Between Constitution And Social Lives

Posted on:2006-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:H X ZhangFull Text:PDF
GTID:2166360182466918Subject:Law
Abstract/Summary:PDF Full Text Request
Four constitutions have been established continually since our new China founded. From 1982 to this day they have been changed four times on a small scale. The character of law requires that the law have the stability in theory. Constitutions as a country's fundamental law, should have stability, then the supreme authority can be maintained. With development of economy and new matter's appearances in economic domain, the constant changes of social realities, however, can't make the constitutions reflect the social realities because the former have conflict with the latter.Firstly, the article has given the concept and types of constitution conflict. It also includes the cause of constitution conflict. Constitution conflict means the conflicts between constitution and social reality, such conflict always appears in economic fields. The causes of conflict are variable. Constitution equips high concentration and flexibility. So the constitution can hardly consistent with the variable social lives.Constitutions should have the stability and the supreme authority. Constitutions, as the basic and the last dependence of our law and order, can't be changed frequently. However China is undergoing social reform and social lives are full of complexity, uncertainty and various chance. So it is inevitable to occur conflict between constitution and social reality. If those conflicts have not been settled down our people's belief on constitution will be shaken, our value of the constitution will be destructed and a series of disadvantage will be appeared such as social crisis. The last part of the article emphasis on the solution on conflict between constitution and social reality. The authorities and the people's awareness of constitution are the premises. When our constitution has been offended it is imperative for us to build up a censorship to demolish such conflict. Besides when some constitution offenders have been reasonable in certain social reform, we should consider changing our constitution partly. Some measures may do some help such as constitution interpretation, constitution modification, constitution changing, constitution abolishment and so on.
Keywords/Search Tags:constitution conflict, stability of constitution, constitution interpretation, constitution changing
PDF Full Text Request
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