Experience and characteristics of the current implementation of the constitution.doc

1、1Experience and characteristics of the current implementation of the constitutionAbstract. The constitution is the fundamental law of the state， and is the general constitution to safeguard a country. Its implementation plays an important role for a country to maintain unity， keep a stable regime， s

2、afeguard the peoples rights and freedom， improve the democracy and rule of law and promote economic development and social progress. This paper discusses the current constitution four amendment processes and its characteristics， which fully demonstrate Chinas “the constitution is a piece of paper wi

3、th the rights of the people“. Key words： Current constitution； implementation； experience； characteristics； modification； keeping pace with the times 1. Introduction On December 4， 1982， the fifth session of the Fifth National Peoples Congress adopted “the constitution of the peoples Republic of Chi

4、na“ （hereinafter referred to as the current constitution） and so far it has been more than 20 2years. The practice has proved that in 20 years， the current constitution is an accord constitution with the situation of our country， and has played an important role in the national political， economic，

5、cultural and social life. With the continuous development of the reform and opening up and socialist modernization， in 1988 （a meeting of the seventh session of the National Peoples Congress） ， in 1993 （a meeting of the eighth session of the National Peoples Congress） ， in 1999 （the second session o

6、f the ninth national peoples Congress） ， and in 2004 （the second session of the tenth National Peoples Congress） ， we made some necessary changes of the current constitution of the individual terms and part of the contents， making the current constitution content more complete. Grasping the key idea

7、s and characteristics of the current constitutional amendment is of great and historical significance for the understanding of the political civilization construction in our country and especially the construction of the legal system. 2. The main achievements in the implementation of the current con

8、stitution for 30 years 2-1. The basic strategy of the ruling of the Chinese people in administering the country and the basic ruling way of the 3CPC is clear. Rule of law is so far the best governance model. The road of socialist legal system with Chinese characteristics clearly is formed by the Chi

9、nese Communist Party led by the Chinese people after the exploration of the most important governing strategy， and is the current constitution of our country to carry out one of the most important achievements for 30 years. However， the formation and development of the road of socialist legal system

10、 with Chinese characteristics is not accomplished at one stroke， but along with the implementation of the present constitution step by step. 2-2. The basic spirit of modern constitution and the constitutionalism have won support among the people. “Restrict the state power， safeguard the rights of ci

11、tizens“ is the basic spirit of the constitution and constitutionalism. In the current implementation of the Constitution in 30 years， people are really aware that our national power is increasingly towards the programmed， standardized and institutionalized direction and our basic civil rights protec

12、tion are increasingly reinforced. The modern constitution and the constitutional spirit therefore win more support among the people. On the one hand， China has 4strengthened the regulation and control of the state organs， state power operation organization and behavior law， substantive law and proce

13、dural law construction. On the other hand， the peoples congresses at all levels have strengthened the administration of supervision and “the Procuratorate” according to law and the fair justice has made great achievements. 2-3. The socialist constitutional system with Chinese characteristics is cons

14、tantly improved. The Chinese characteristic socialist constitutional system is becoming more and more perfect with the peoples Congress system as the core， to the multi-party cooperation and political consultation system， the system of regional ethnic autonomy， grass-roots mass self-government syste

15、m， the system of the Special Administrative Region as the backbone. Since the implementation of the Constitution 30 years ago， we have been improving the progress of Chinas peoples Congress system with the reform and perfecting the electoral system as the center， to form the peoples Congress and its

16、 standing committee， the NPC and its construction “bicameral“ benign power order as the basic point. The legalization is advanced and developed with the multi-party cooperation and political consultation system， 5the system of regional ethnic autonomy， the grass-roots mass self-government system as

17、the basic political system of the Chinese characteristic socialism. 3. The main characteristics of the current constitution 3-1. The current constitutional adaptability According to the Marxs concept of law， the constitution together with the other laws is based on certain social and economic base o

18、f the superstructure， and the economic base has undergone major changes， the superstructure of the law also should be timely changed. Especially the fundamental law of the state constitution should reflect the situation of economic development， to make the superstructure and the economic base adapte

19、d to each other and to guide and promote economic development. Therefore， the constitution is designed to solve the fundamental problems of specific periods of society， and its content is determined by the social conditions at that time. The current constitution of our country has made four changes

20、in the past 20 years； a very important reason is that Chinas social and economic situation has undergone tremendous changes in this period， so the constitutional amendment must adapt to it. 3-2. The current constitution Due to the limitation of the legislative body， the 6legislative technical aspect

21、s， as well as constitutional technology is not mature， the constitution has many defects. Therefore， with the enhancement of peoples cognitive ability and the increasing development of science and technology， hidden defects will be exposed to social reality， so it must be to amend the constitution i

22、n order to adapt to social development. At the same time， the guiding ideology of the formulation of the constitution should be catching words to avoid problems in the logic. For example， in the 2004 constitutional amendment from the constitutionalism technology point of view， there may be a problem

23、 that we just add the important thought to “Three Represents“， while the Marx doctrine， Mao Zedong Thought and Deng Xiaoping theory have no such rhetorical， which will make the expression logic undistributed problem of the interpretation of the Constitution and regulate. 3-3. Trapping of the current

24、 constitution The constitutional amendment to amend the constitution， the constitutional amendment to the amendment form， according to the historical order in the constitutional text， is conducive to the historical continuity of constitutional development， which can reflect clearly a constitutional

25、7development process. In a constitutional amendment technical country， if we study the text of the constitution， we can understand the constitution at the beginning of the origin， and can also see the constitutional norm evolution in the whole process， from which we can understand the essence and de

26、velopment of the countrys constitutionalism. The United States members of Congress know this function which the constitutional amendment has， proposed a constitutional amendment to amend the Constitution when it was at the time. Although the United States Constitution was set in more than 200 years

27、ago， after modification， reading the context of the Constitution can enable us to understand the history of the Constitution change of the United States， and it also proved this point in practice. Therefore， the constitutional amendment is the spirit of the constitution and the principle of continuo

28、us function. 3-4. The universal current constitution The constitution of the western capitalist countries is the tool of maintenance of bourgeois rule， while Chinas socialist constitution has substantial distinction， but for the Western way of amending the constitution， we have to study according to

29、 the actual situation in China. So Chinas 1988 8constitutional amendment adopted the way of constitutional amendment. Some scholars think that this is the Americas constitutional way， better than the revision of the constitution of France， the Soviet Union and China in the past. Because the French u

30、sed to modify the way in history， after the French bourgeois revolution， in 1791 the first constitution was enacted； thereafter， through more than ten times of the comprehensive revision of the constitution， the constitution is the fifth republic constitution in 1958. After the 1789 France revolutio

31、n， the political situation was of turbulence， and the 80 years from 1791 to 1870 experienced a republic and the imperial alternatively， which has had eight constitutions in this process. The United States Constitution differs by the amendment. The United States Constitution was passed in 1787， and n

32、ow it is still in use. For more than 200 years America has adopted amendment， which is conducive to maintaining the stability of the constitution. The constitutional amendment is adaptable in the world. 4. The main experience of the implementation of current constitution 4-1. The rules of law and th

33、e ruling by the constitution are mainly based on the principles. 9The constitution and legal supreme idea has not been to establish in the Party， and the constitution belief in the rule of law of broad Party members needs to be enhanced. “Authoritarian ruling“ in the thinking of the cadre of partial

34、 party member consciousness is still ingrained， “rule of man“ shadow id still displaced. And with it， the phenomenon is often seen on the right on behalf of the law， the abuse of power from ruling by law， ruling by the constitution. The construction of the Party of the rule of law in China has not b

35、een launched， and the ruling by law and the ruling by constitution lack supporting of the effective law system. The Chinese Communist Party is the ruling party in China， and is the core of leadership in building socialism with Chinese characteristics. Therefore， the socialist rule of law should be t

36、he ruling party and the rule of law. However， the construction of party ruled by law is lagging at present in our country， and the partys ruling by law and the ruling by the constitution has not been institutionalized. 4-2. The implementation protection of the constitution needs to be strengthened.

37、The non specialized security authority of the National Peoples Congress and its Standing Committee weakened the 10actual effect of the constitution implementation. The National Peoples Congress and its Standing Committee have very complicated affairs of state， unable to concentrate on the implementa

38、tion of supervision and safeguard of the constitution， so that many important problems involving the implementation of the constitution protection are often overlooked. The implementation of the constitution guarantee of the National Peoples Congress and its Standing Committee lacks support system o

39、f substantive and procedural law； in addition， the current construction of our country peoples Congress and its Standing Committee is still not perfect， so that the constitution supervision of the NPC and its Standing Committee is relatively weak， unable to produce a due effect. Other relevant organ

40、s and organizations have not played their due responsibilities to implement security functions in the process of the constitution. The implementation of the constitution guarantee itself is a complex project. The specialized agencies should shoulder the primary responsibilities， and other related authorities or organizations should play a corresponding role. But the implementation functions of other organs of our country in the