The Constitutional Origin Of The Worker-peasant Democratic Dictatorship

The Constitutional Outline of Chinese Soviet Republic (To read the following brief, it will be called as The Constitutional Outline in the text below)as a new-democratic constitutional government of the new-democratic constitutional government and then form of socialism in the history of the constitutional tradition lies in lies , it's the first formally passed and promulgated in the implementation of the people's constitutional document , just as the constitution of china's history by people's representative organ guarantee. As Marxist constitutionalism in the first practice, The Constitutional Outline makes the significance of the originality, also has a deep historical practice in the Chinese constitutional government and the selection of constitutional government. To The Constitutional Outline of the text, to the core of the worker-peasant democratic dictatorship and the soviet constitutionalism ideas by static and dynamic research, not only is very necessary and but also is essential.Except for introductions and conclusions, this paper is divided into four parts:The first part mainly analyses the background of The Constitutional Outline for the domestic political and legal. In modern china, it is in the constituent assembly " constitutional politics " and " destroy constitution"in the circle, the appeal is a truly able to guarantee the rights of the people's constitution, that's The Constitutional Outline in the inner demand; The CPC since the founding of the constitutional practices and ideas for the constitutional factor of which lay a solid foundation; Soviet Union Movement in china's development and the eastern part of promoting the outline constitution of the draft.The second part examines the detailed drafting and formulating procedures of The Constitutional Outline. The formulation of The Constitutional Outline is divided into three stages. First, the CCCP decided the Central Committee of the Chinese Workers Soviet of the First National Congress as to the agency responsible for drafting a constitution. Second, the draft constitution drafting committee and the national congress in the Soviet Union in November 18th vote on the official constitution of the basic law for the USSR occupying. Third, after nearly three years of "constitutional government" in 1934, January 21 the soviet the second party congress of the constitution of the amendment.The third part mainly analyses the constitution of the worker-peasant democratic dictatorship of the new constitutional system of the target, content, characteristic, limited. The constitution of the text is very up to achieve these goals of the realization of the constitutional system, comprehensive is established. The constitution of the worker-peasant democratic dictatorship, the soviet model of soviet constitutionalism, combined with practical experience, having distinct characteristics. However, as the Chinese communist party leadership of the constituent assembly first attempt, the outline constitution, inevitably there is a historical limitations.The fourth part analyses the spirit of the characteristics of soviet constitutionalism searching through the ideological factors. In the soviet union of soviet constitutionalism transplant, the constitution is a strong imitative. In the construction of the constitution, the legal text is the first time to complete democracy and the dictatorship of the opposition and unity. This conflict resolution is based on class into a comprehensive legal basis. In a class apart over the basic principles, the constitution of an established legal and the class have a profound influence on china's revolutionary process, forming one type of path dependence.Finally, on The Constitutional Outline of the general resolved on the basis of the above, it points out the outline constitution of the worker-peasant democratic constitutional mode of creative purpose, and from classes of the legal perspective, the inherent limitations of the worker-peasant democratic constitutional and new-democratic constitutional government connecting an important link.