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Amendment of the Constitution of China
Author: WangJiTong
Tutor: WangDeZhi
School: Shandong University
Course: Legal
Keywords: The cause of revising constitution Constitutional amendment The perfection of constitution procedure
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 95
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Abstract
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The constitution as the fundamental law of the state, to the legal system build and perfect, maintain social stability plays an important role in. Based on the special legal status, in its process of development, as with other new things, but also in the debate in the continual development. The constitution could modify the question around, appeared negative doctrine and certainly disputation. Finally, the economic base determines the superstructure scientific judgment to solve this dispute, the Constitution with the development of society is continuously modify and improve, to adapt to the economic development need, become generally accepted. However, to amend the constitution is not arbitrary, must strictly follow certain procedures, without legal procedures shall not amend the constitution, is gradually becoming the contemporary constitutionalism pursues a principle, constitution constitutional amendment from restriction and modification time constitution was modified to prevent wanton.Chinese socialist constitutional construction starts later, in the economic development and the process of the rule of law under the impetus, the current constitution of our country revised four times. In revising the content, from economic field to civil rights protection change, reflected the Party Central Committee proposed a "people-oriented " concept of development, China is a great progress in the development of constitutional history. However, by comparing China has participated in international conventions and developed the constitutional norms, can see the constitution of our country in terms of normative content representations or constitutional norm areas covered are still exist many shortage. In order to fully reflect the value of the constitution, the constitution must continue to improve. To amend the constitution procedure, due to" heavy entity, light procedure" the legal concept, the constitution of our country in the constitution content gets great progress at the same time, the field has neglected the procedural aspects of the study, especially the constitutional amendment process in terms of the provisions still exist many deficiencies. The constitution revision procedure is not perfect, affect the quality of the amendment of the constitution, is not conducive to accurate implementation of constitutional norm, is not conducive to the establishment of the legal system and perfect, will eventually hinder the process of the rule of law. The society should develop, take the constitution as the representative of the superstructure must quickly transition and perfect, to meet the needs of social development. " Procedure is the substantive pilot", in the perfection of constitutional norms at the same time, must have done the perfection of the constitution revision procedure work, do the entity and procedure. The author unifies our country actual, according to the current constitution of our country in the content and the procedure of the lack of existence, how the constitutional amendment and constantly improve our constitution put forward some simple views.
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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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