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Of the powers of the Constitution restricts research

Author: LuMinXing
Tutor: GuoDan
School: Sichuan Academy of Social Sciences
Course: Chinese and foreign political system
Keywords: Power Restriction of power Constitution Powers of constitutional constraints Constitution of 1982
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 56
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Abstract

Political powers is the core issue of the expansion of the powers is the largest threat to the political order, the Constitution is the most fundamental tool of power constraints, therefore, constitutional constraints of power is the core content of the country's political system. The study has important theoretical and practical significance of our powers of constitutional constraints. On the basis of the historical analysis of the evolution of our powers of constitutional constraints and laws thinking, restricting depth study of the powers of the Constitution of our country from the following three parts. The first part described the theoretical basis of the powers of the constitutional constraints, is divided into three study of power, the power constraints and the constraints of power the Constitution. I believe that power is a political relationship based strength, due to the expansion of power and seeks profit, power can easily be abused, in turn caused by infringement of the rights of the people, must therefore be the powers of effective checks. As the fundamental law of the country, the Constitution, which should be the regulatory powers of the state allocation pattern and run the program, the power to run within the scope of the Constitution the power restraint is the proper meaning of the Constitution. The second part traces the three stages of the Qing Dynasty, the Republic of China and the People's Republic of China since its modern start Constituent constraints until the powers of the Constitution in the current Constitution before the promulgation of the historical process, social background and development of the law from the powers of the various stages of the constitutional constraints representative of the constitutional text, select each stage specific analysis of its power constraints of institutional arrangements, and study the characteristics of their history and the experience of failure. Discusses the Qing dynasty imperial power constraints of imperial power is divided and weakened through constitutional article from the separation of powers and rights in the interests of the point of view of the two core elements; Republic of China by the Constitution to prevent the military dictatorship, the strengthening of the legislative power and constraints of the executive power;, and the People's Republic of China in order to safeguard the sovereignty of the people through the Constitution, while the legislative power to strengthen the rights of the people declared. The third part is the focus of this article, I focus the analysis of the evolution of constraints of the 1982 constitutional powers. 1982 Constitution 1954 Constitution established political order and power restriction system recovery, but not completely simple copy, but in summary based on the 1954 Constitution failed to increase its own characteristics. 1982 Constitution not only keep the nature of the sovereignty of the people in our country, still retains a legislative power as a spokesman for the command status of the sovereignty of the people, and the administrative and judicial powers in the legislative power of the traditional powers of supervision constraints outside the system, but also particularly focus on government power and social power, mutual restraint of government power and the party of power, from the relationship between the two pairs of power to explore how to better prevent the alienation of power and the rights of the people.

Of the powers of the Constitution restricts research

Abstract

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