Political Science-ll Legitimate Series Constitution of China

CONSTITUTION OF PEOPLE’S REPUBLIC OF CHINA

Synopsis:
Constitution Of People’s Republic Of China............................................................................. 2

Bird’s eye view of Preamble: ............................................................................................... 2

Salient features of Constitution of 1982 of people’s republic of China ................................ 2

1.Introduction: .................................................................................................................. 2

2.Salient features: ............................................................................................................. 2

Written in nature: ................................................................................................................ 3

Socialist constitution: ......................................................................................................... 3

Unitary system: ................................................................................................................... 3

Flexibility and rigidity: ....................................................................................................... 3

People’s republic: ............................................................................................................... 3

Democratic centralism: ....................................................................................................... 3

Unicameral system: ............................................................................................................ 4

Fundamental rights and duties: ........................................................................................... 4

Preamble: ............................................................................................................................ 4

Presidential post:................................................................................................................. 4

Central military commission: ............................................................................................. 4

Equality:.............................................................................................................................. 4

Conclusion: ......................................................................................................................... 5

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Political Science-ll Legitimate Series Constitution of China

CONSTITUTION OF PEOPLE’S REPUBLIC OF CHINA

Bird’s eye view of Preamble:

People’s Republic of China is one the countries with longest history. In history China
was a feudal country. After 1840 Chinese people did struggle for their national independence.
In 20th century the country experienced historical changes, in 1911 the revolution, led by Dr.
Sun Yat-sen, abolished the feudal monarchy.

After all, in 1949 under the leadership of Mao Zedong the communist party won the
great victory of the new democratic revolution and founded People’s Republic of China

After founding the transition of Chinese society from a new democratic to a socialist,
society was affected step by step. China achieved major success in economic field, marked
increase in the agriculture development.

Preamble states that, “The People’s Republic of China is a unitary state built up jointly
by the people of all its nationalities”.

Salient features of Constitution of 1982 of people’s republic of China

1.Introduction:
The Constitution of the People's Republic of China is nominally the supreme law of the
People's Republic of China. It was adopted by the 5th National People's Congress on December
4, 1982. It has been modified five times. It is the fourth constitution in the country's history,
superseding the 1954 constitution, the 1975 constitution, and the 1978 constitution.

2.Salient features:
I. Written in nature
II. Socialist constitution
III. Unitary system
IV. Flexibility and Rigidity
V. People’s Republic
VI. Democratic centralism
VII. Unicameral Legislature
VIII. Fundamental rights and duties
IX. Preamble
X. Presidential Post
XI. Central Military Commission

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Political Science-ll Legitimate Series Constitution of China

XII. Equality

Written in nature:

The Constitution of People’s Republic of China is written in nature. It is one of the

features of this constitution as some countries do not have written constitution like United
Kingdom. The 1982 Constitution is a lengthy, hybrid document with 138 articles.

Socialist constitution:

1982’s constitution is a socialist constitution; it aims at further development of the

socialist system. Socialist system is a system in which economic and political system based on
public ownership of the means of production. All legal production and distribution decisions
are made by the government in a socialist system. Article 1 of the Constitution of People’s
Republic of China states that China is a socialist state. Socialist system is the basic system of
China.

Unitary system:

Constitution of 1982 provides unitary system as previous ones. A unitary system is a

system in which whole state is governed as single entity, the central government is supreme
and administrative division exercise only the power that the center government has delegated
to them.

Flexibility and rigidity:

In theory the constitution is rigid, it provides for a special method of amendment, 2/3rd
representation requires to amend it. But one-party rule of People’s Republic of China has made
it easy to amend it.

People’s republic:

Article 2 of the constitution of People’s Republic of China states that all powers in
People’s Republic of China belong to the people, which are exercised through National
People’s Congress.

Democratic centralism:

Article 3 of constitution states that the state organs of People’s Republic of China apply
the principle of democratic centralism. The National People’s congress at different level is

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Political Science-ll Legitimate Series Constitution of China

instituted through democratic democratic elections and responsible to the people and subjected
to their supervision.

Unicameral system:

Constitution of 1982 provides for unicameral system; a unicameral system is a

government with one legislative house or chamber. National People’s Congress is the only
house of People’s Republic of China that enjoys the place of being highest organ of the state.

Fundamental rights and duties:

This constitution provides fundamental rights to its citizens and in return citizens own
some duties to perform. Article 33 to 56 of the constitution of China deals with fundamental
rights and duties. One of the great features of constitution is that it gives some special rights
like right to rest and rights to work.

Preamble:

Constitution of People’s Republic of China contains preamble that gives an account of

the past achievements and sets forth the task ahead.

Presidential post:

The 1975’s constitution had abolished the office of the President of the Republic, who
used to work as the head of the state under the constitution of 1954. The duties of the head of
the state were carried out by the chairman of the standing committee.

The 1982 constitution restores the office of the President.

Central military commission:

The constitution of People’s Republic of China established the central military

commission, its term is linked with National People’s Congress. Its function is to direct the
armed forces. In this way the constitution of 1982 reduced the hold of military over
government.

Equality:

The constitution of China declares that all the nationalities are equal before law which
is a major characteristic of Chinese constitution. Discrimination with any nationality is
prohibited. It also disbands the exploitation of man by man and of men by state.

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Political Science-ll Legitimate Series Constitution of China

Conclusion:

To conclude, the constitution of China is unique in many ways it delas with state
machinery and also deals with the program of future.

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