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Constitution Of The People's Republic Of China Originally adopted December 4, 1982. Among the provisions of the Common Program were those guaranteeing protection of private property (Article 3), "uniting" the bourgeoisie (Article 13), and assisting private enterprise (Article 30). The 1982 Chinese Constitution appears on the surface to be enforceable in the courts. As part of the Deng faction's political reform agenda, a fourth Constitution was promulgated on 4 December 1982. The President, as nominal head of state, would be a symbolic role with little substantive power. In 1949, the Chinese Civil War was turning decisively in favour of the Communist Party of China. However, Chinese constitution has undergone four re-enactments, and there were numerous contradictions and breaks among different constitutions. An essay or paper on The 1982 Chinese Constitution. In theory, it requires the Chinese Communist Party to abide by the Constitution and the law (Gittings and Whitfort 11). It vests all national legislative power in the hands of the National People’s Congress and its Standing Committee. Specifically, article 46 of the Chinese Constitution states as follows: CHAPTER I: GENERAL PRINCIPLES . Historically, the 1982 Constitution needs to be placed in the context of the history of Chinese constitutionalism that begins with the Common Program and dealt with accordingly. As drafted, the 1982 Constitution contemplated that the power of the state would be distributed amongst the General Secretary of the Communist Party of China, the Premier of the State Council, and the Chairman of the Central Military Commission. Article 2All power in the People's Republic of China belongs to the people. [2] It also elected leaders of the new central government, including Mao Zedong as Chairman of the Central People's Government. It was amended on Apr 12, 1988 and in 1993. After the end of the conference, the People's Republic of China was proclaimed on 1 October 1949. Donate Now! It was officially recognized by the National People Congress (NPC), which met in December 1982. THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA . Dynastic China adopted a constitutional system oscillating between a feudal distribution of power and a centralistic autocracy. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended several times. The current compilation dates from 11 March 2018. The current version was adopted by the 5th National People's Congress on December 4, 1982, with further revisions in 1988, 1993, 1999, and 2004. In December 1978, the third plenary meeting of the 11th Communist Party Central Committee began a series of reviews and reforms that confirmed Deng Xiaoping as the new paramount leader of China, with reform-minded leaders supported by Deng filling the top echelon of government. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended several times. … General Principles Article 1. The National People's Congress and the local people's congresses at various levels are the organs through … Instead of (formally) by election, power passed via public denunciations and, in many cases, violent clashes. Chapter Three, Fundamental Rights and Duties of Citizens, guaranteed a relatively comprehensive set of human rights, but also imposed the duty to pay taxes, undertake national service, and to obey the law. Header and Footer Blocks. [1], Mao died in 1976, and the Gang of Four who had dominated Chinese politics were driven out of power by October 1976. The first CPPCC served in effect as a Constitutional Convention. It defines ownership of land in China This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. Disruption of the socialist system by any organization or individual is prohibited. After two intervening versions enacted in 1975 and 1978, the current Constitution was promulgated in 1982. However, the Chinese government functioned more or less as envisaged for only a short time. The Constitution of the People's Republic of China CHAPTER I. "Constitutional history of the People's Republic of China", Learn how and when to remove this template message, Constitution of the People's Republic of China, Chinese People's Political Consultative Conference, People's Republic of China was proclaimed, 1954 Constitution of the People's Republic of China, 1975 Constitution of the People's Republic of China, 1978 Constitution of the People's Republic of China, General Secretary of the Communist Party of China, Chairman of the Central Military Commission, History of the People's Republic of China, http://e-chaupak.net/database/chicon/1949/1949e.pdf, https://en.wikipedia.org/w/index.php?title=Constitutional_history_of_the_People%27s_Republic_of_China&oldid=954220249, Creative Commons Attribution-ShareAlike License, This page was last edited on 1 May 2020, at 08:15. China.Org.Cn Web site on May 31, 2013 and from 1967 was placed under house arrest after the of! Operation ; various levels in 1969, and the law ( Gittings and Whitfort )! 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