The Constitution of the People’s Republic of China: the reform era.
China has undergone a real transformation in terms of agriculture development, manufactures, industry low-added and high value added, military, space research … However, if this transformation is impressive, it was not the only one on the last two centuries. It is indeed a need to return to what was China in the mid-nineteenth century to understand the different mutations suffered by the country from 1840 to the present day. War against the west, the last dynasty, proclaimed the republic, civil war, communist victory, socialization scale, the great leap forward, Cultural Revolution, Mao’s death, massacre of Tiananmen and the spectacular economic development. All these events must be considered together to understand the history, strengths and weaknesses of the country. The constitution of the People’s Republic of China is the result of the sometimes troubled history.
The study of the Chinese constitution reveals first his ideological. It is not a supreme law which establishes the right of a neutral and final, and thus regulates, more or less direct, all spheres of society. The Chinese constitution instead merely formalizes. This law is not final. Is only formal and on, so it adapts to changing economic conditions and the will of leaders to reform. Thus, when, in 1982, Chinese leaders decided the “building of socialism in the face of China”, the constitution is completely redesigned to formalize.
As scheme Marxist-Leninist, the shape of the Chinese regime is very marked. In fact, it differs from western regimes, where the ideological neutrality of the supreme norm prevails. In China however, the constitution is deliberately not neutral, since it is a socialist constitution. The study of the constitution thus requires the study of his ideological foundation. The founding tenets of the regime are explained in the preamble, proof of their place a top in Chinese constitution. Chapter 1 of the constitution (general principle) is then to establish the link between these tenets and the founding organization of political constitution. The founding principles of the People’s Republic of China are set forth in the preamble of its constitution. First, the preamble concludes by affirming the sanctity of the constitution. “This constitution…is the fundamental charter of our country it has the force of supreme law. The various nationalities in the country, state agencies and armed forces, political parties and social groups, businesses and public services must take the constitution as the fundamental criterion for their activities and take responsibility to preserve its sanctity and ensure its implementation”. This sanctification and gives the necessary legitimacy to the four “fundamental principles” pillars of the regime. These four principles are – Mao Zedong though – the leading role of the communist party – the people’s democratic dictatorship – the socialist road. Constitutional recognition of the principles of the Marxist-Leninist philosophy, in addition to legitimizing the power of the CP., can also and above the concrete commitment of state policies in the “socialist road”. Political doctrine is cited as a constitutional norm. And it’s different with my country. Here the Chinese constitution has different value. In China, satisfaction by equality of all the citizens is the first overall. Thus, Article 6 of the constitution states: ”the socialist economic system of the People’s Republic of China basic socialist public ownership of means of production… of the entire people and property collective masses. ”The most characteristic result of these principles is the subordination of law to the economy as a principle recognized by the constitution. The constitution as supreme law of the country sets the basic principles of political, social and economic. The constitution is in fact dictated...
References: Chen JianFu, Chinese Law: Towards an understanding of Chinese Law, it’s nature and development
Chen JianFu, China Perspectives, 1999, 53
Cabestan J, the political system of the PRC,PUL 1999
Pu Zengyuan, Bulletin of Australian Society of Legal Philosophy
Pomfret,J, China Orders Halt to Debate on Reform,2003,WP
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