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An Analysis Of The Historical Narration In China 's Current Constitution

Posted on:2017-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y F CuiFull Text:PDF
GTID:2206330488997846Subject:Law
Abstract/Summary:PDF Full Text Request
Following the adoption of our Constitution since 1982, has completed the revised four times, in the 31 amendments, changes to the historical narrative in the preamble to the Constitution, have to arouse our concern. Modify the frequency, and the changes of China’s economic development and inseparable, this changed dramatically, however, since reform and opening up, China is not only the political, economic and social changes directly reflected in the Constitution, on the other hand the Constitution affirms the legitimacy of reform reflected. Throughout the Constitution, prove of most of the content comes from the preamble to the Constitution of the Constitution provision. Only countries limited to different national conditions, stage of development of social productive forces, in discussing the legitimacy of power has its own characteristics in the way. Paper wants to reached of purpose is, through on Constitution preamble in the history narrative of study, combined Constitution preamble of function, search Constitution preamble in the history narrative on Constitution body of effect, and on Constitution preamble how in new era has better of positioning, proposed himself of recommends, makes China Constitution preamble has more perfect of legalized function, let Constitution preamble of content more has inclusive, better of set up Constitution in people mind in the of authority image. This paper starts from the basic theory of the preamble to the Constitution, discussions of mainstream academia on the preamble to the Constitution concept, effectiveness, language expression and its normative definition of, and analyse the reasons for this difference occurs between the different views. Next focused on analysis of the historical narrative part of the preamble to the Constitution, concerning the historical narrative sections appear in the preamble to the Constitution of our country background, and why by the way, dig the logic behind it. Finally, today, in the construction of socialist modernization.The historical narrative in the preamble to our Constitution, which contains historical memories, reflect the Constitution in all the characteristics of the process of political change. United States Supreme Court Justice Holmes famously said:"the Constitution is established for the fundamentally different views of people. Because of this, the historical narrative in the preamble to the Constitution is very important, and it explains why these people’s views are so different, but be able to live together in security reasons. First of all, a community of modern society, cannot again return to its natural state in the early re social order, so existing historical narrative has become a consensus of the Constitution. In the historical process of consensus hard to put aside historical narrative in search of consensus on ideas in the preamble to the Constitution is never possible. We want to solve the current social complex, conflict of interest, can only be based on the Constitution. Can consensus historical narrative, conflict resolution provides a platform for dialogue, and then use the specific constitutional norms, in the constitutional debate, and compromise the fight within a defined range. Only by so doing, can compete in the specification process, into the text of the Constitution better committed to keeping pace with the development in the future.
Keywords/Search Tags:constitution preface, historical narrative, legitimacy, normative legal effect, progressiveness
PDF Full Text Request
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