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Constitutional change in contemporary China

Author: YueChao
Tutor: GuoHong
School: North China University of
Course: Legal Theory
Keywords: Constitution Constitutional changes Constitutional amendment Constitutional interpretation Rational procedure
CLC: D921
Type: Master's thesis
Year: 2009
Downloads: 200
Quote: 0
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Abstract


Changes of the constitution was first put forward by the German scholars, the issue of constitutional changes in the research, the academic community in China is a new direction. As China’s political, economic and cultural reform and the deepening of reform and how the legal system to achieve coordination, the most important attributes to the stability of the law and to changes in the reform of the property of the two sets of factors that are incompatible with a unified interface has become the country’s political and social life of a key and difficult. From the occurrence of the Chinese Constitution to development, has gone through several changes in the Constitution and constitutional norms themselves are also changing the concept.In this paper, the changes from the basic scope of the Constitution began to explore the Constitution and the social reality and the relationship between different characteristics, focusing on changing the constitution and constitutional changes in a variety of reasons to be followed in the form and methods. On this basis, the specific on the changes in the course of the Chinese Constitution. Through the research methods which are based on the Constitution, the full range of social thinking, the use of comparative analysis, historical analysis, empirical analysis and logical analysis of the constitutional changes made the study more depth.Less than half a century before the founding of the PRC enacted the Constitution of 9, 5 after the founding of the Constitution and come out, the article focuses on four of them the background of the Constitution and the constitutional changes in constitutional norms. Analysis of the four options the Constitution because they can reflect the characteristics of the various stages of constitutional, to highlight the performance of social reality and the conflicts between constitutional norms conflict. Which is a further analysis of the reasons for China’s Constitution on the basis of the changes? Changes in China’s Constitution there is a special case, since the contents of the Constitution need to meet a country’s historical and cultural background and social environment, so a separate article of its analysis, to explore changes with Chinese characteristics and the theory of the Constitution have a certain significance. To explore changes in the law of the Constitution, based on the search for ways to change the Chinese Constitution, is the purpose of this paper. Changes in the Constitution of China should pay attention to the accumulation of tradition, stability and change, while maintaining stability in order to rationalism as a theory of evolution support, attention to the use of constitutional interpretation, constitutional practice, such as changes in the mechanism, and gradually construct a rational process of constitutional change

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