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On the Constitutional Expression of Basic Economic Institution of China

Author: YangSiLiu
Tutor: YangHaiKun
School: Suzhou University
Course: Constitutional and Administrative Law
Keywords: Constitutional Nature Basic Economic Institution Public Ownership Economic Rights
CLC: D921
Type: PhD thesis
Year: 2007
Downloads: 330
Quote: 1
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Abstract


Economic institutions showed in Constitutions originated firstly in Weimarer Verfassung (Constitution of German) 1918. Since then, the government has changed as an active role in controlling social economy from passive“Night Guard”.In Constitutional Amendments of 1999, Chinese Constitution produced a new concept“BASIC ECONOMIC INSTITUTION”: the state confirms the public ownership as a main part, encourages each ownership form making progress. In fact, the clauses of same meaning have been written in Chinese Constitutions since 1954.At present, every ownership form becomes more and more equal after the market economic system has been established in China, Can the state expect“the public ownership as a main part”? How can that be true? It seems a conflict between“the public ownership as a main part”and market economic system.Based on“political state and citizen society”and Marxist basic principles, the basic economic institution should be regard as a social system instead of state one. It is more like a constitutional norm instead of a state essential policy.Since the academic circles had neglected the constitutional nature of basic economic institution, it had to be changed times following the social economic facts. Constitutional sovereigns were damaged.By studying with overall principles and facts, an amending proposal was issued in this paper for the basic economic institution: in primary stage of socialism, all the ownerships are co-existed and each ownership form is safeguarded to develop by the state.This amendment would meet with the socialist product goal and keep along with the sovereignty of Constitution. It also accommodates the legislations issued before.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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