Study Of The Social Policy Articles In Constitutions In China

China's current Constitution which was made in 1982 has been amended for four times in 1988, 1993, 1999, and 2004. Each amendment is concerned with economic policies. Therefore, such issues are quite controversial in the law circles in China such as whether different kinds of policies should be stipulated in Constitutions; and if so, how they should be stipulated. Taking the social policy articles for example, by historical methods and positive measures, the paper reviews 12 constitutions in the modern times, provides the positive answer to whether policies should be stipulated in the Constitution, and preliminarily discusses the functions and legal validity of social policy articles. This paper is mainly divided into three parts: introduction, body and conclusion, in which body is made up of three chapters。In introduction, the author mainly introduces the reason, the purpose of writing this paper and the main content.In Chapter One, constitutions which are to be analyzed are chosen and what are social policy articles. This Chapter is made up of two parts: the first part classifies and concludes the constitution texts produced in the development of constitutions in modern times of China; meanwhile, it chooses and defines the 12 constitutions which are needed to be analyzed based on written constitution and unwritten constitution, source of constitution, highest position of constitution norm. The second part explains what the social policy articles are through the explanations of their connotation and extension, and the concept of the articles.Chapter Two is the comparative study of social policy articles in constitutions. This chapter is made up of three parts: the first part compares the content of social policy articles in the following six aspects: the employment policy articles, the labor protection policy articles, the protection policy articles, the social insurance policy articles, the medical treatment and health policy articles and the sustainable policy articles. The second part compares the form of social policy articles in three aspects: the whole form, the specific form and the length. In the third part the author points out that the constitution can stipulate social policy articles and analyzes the reason. Also the author puts forward two suggestions on how to perfect the social policy articles.Chapter Three discusses the functions of social policy articles in practice as the third structure in constitution. This chapter is made up of two parts: the first part explains what the third structure of constitution is, analyzes how they work and studies the legal validity; in the second part, the author gives some ideas on how to put social policy articles into practice and how to perfect them.The conclusion is mainly the thoughts of how to stipulate policies into constitutions.