Background of constitution writing
The constitution is the sum of the basic rules governing the state. The Chinese constitution is no exception.
The People's Republic of China was established on October 1, 1949. Five years later, in 1954, a constitution was first introduced in China. This is the first constitution of China. This is called the socialist constitution. No constitution has been written in China before this constitution. For this republic in 1911 A constitution was made. For various reasons, this constitution did not come into force. In 1923 and 1948, the constitution was drafted. This initiative was not implemented. In fact, before 1954, a body was formed on the basis of extensive representation to run the country. This formation process was democratic. A consultation meeting was formed irrespective of party affiliation. Until the introduction of the 1954 constitution, this consultative meeting played a major role in running the country. The Chinese constitution was later drafted under the leadership of this consultative meeting.
The Council of People's Government formed a constitution drafting committee in January 1953 with the aim of drafting a constitution. The committee was formed under the leadership of Mao Zedong. Several sessions were held in a row. The final draft of the constitution was adopted in the 34th session on September 9, 1954. Finally, on September 20, 1954, the National People's Congress unanimously approved the draft constitution. As a result of which the constitution of 1954 was created. This constitution in 1992 served as the basis for the subsequent constitution. China currently has a 1972 constitution. Let us know about the 1972 constitution.
Features of the 1972 constitution
The 1972 constitution is a special document of China. Analyzing this constitution, some features become clear. These were discussed in stages.Proposal: Proposition is the first feature of the 1972 constitution. It was included in every constitution of China. This is the face of the constitution. In this proposal, the will of the framers of the constitution, the source of the constitution, the legal and constitutional proposals can be examined to know about the state system, government structure, internal and external principles of the People's Republic of China.
Written: The 1972 Constitution of the People's Republic of China was a written constitution. The constitution had a preamble and 136 articles. These were clearly written. There are also written references to the general policy of the state, the structure of the state system, the power of formation, functions and rights and duties. Most of the rules and regulations of the state are written.
Variable: Mutability is a notable aspect of the 1972 constitution. This constitution of China is as unchangeable as the constitution of the old Soviet Union. This constitution cannot be amended or changed like the general law. It is comparable to the constitutions of Bangladesh and America. Article 64 of this constitution contains clear provisions regarding amendments.
Constitutional supremacy: Constitutional supremacy can be seen in the 1972 Constitution of China. This constitution has been declared as the basic law of the state.
Socialist state: The socialist state is a fundamental aspect of the present constitution. The purpose of this constitution was a socialist state under a democratic dictatorship established on the basis of peasant-working class leadership. Through the Twelfth National Congress of China, the state system of China was termed as a democratic state. In fact, the socialist dictatorship is the dictatorship of the proletariat.
People's Sovereignty: The sovereignty of the people can be seen by analyzing the current constitution of China of 1972. Basically the state administration is entrusted to the people. He manages various social, cultural and economic issues according to the opinion of the people.
Democratic centralism: Democratic centralism is one of the aspects of the present constitution. Democratic centralism can be seen in the constitution of 1972. China's socialist system is based on a special kind of democratic system. Democratic centralism is antithetical to bureaucracy. Democracy and centralism is a combination of the two. In the words of Mansetung, the importance of discipline and centrality, such as the freedom of the people and democracy, cannot be denied.
Socialist economic system: Socialist economic system is a fundamental feature of the 1972 constitution. The People's Republic of China is a socialist state. That is why the socialist economic system was established in China. Provision has been made in this regard in Article 7 of the Constitution. Ownership in the production system is divided into two parts. These two are - a, ownership of all people, b, collective ownership of working people. Socialist ownership is established in China.
Property distribution policy: China's current economic system recognizes state property and private property. It also mentions the principle of distribution of property. This is called Article 7 of the Constitution. However, the constitution of that year also mentioned the socialist distribution policy.
Foreign Policy: Foreign policy is a fundamental feature of the current constitution of China. The preamble to the constitution states that foreign aid and co-operation is needed to rebuild post-revolutionary China. That is, it welcomes foreign investment. They believe that this investment will help the socialist economy. For this reason, foreign industrial establishments, economic organizations and capital investment are allowed. They will, of course, abide by China's economic rules.
Political Asylum: Analyzing the present constitution, one can see the presence of the trend of political asylum. This is a fancy feature of the constitution. The current constitution provides for political asylum for foreign nationals. Article 26316367 of the Constitution states that the People's Republic of China may grant asylum to foreigners who request it for political reasons.
Central Legislative Assembly: The provisions of the Central Legislative Assembly were laid down in the 1972 constitution. The state legislature of the People's Republic of China is the National Congress. It was a one-chamber legislature. The constitution states that the National Congress is China's highest representative body and will have one chamber. The Chinese legislature is made up of representatives of different nationalities.
President and Vice-President: The Constitution of the People's Republic of China, 1972, provides for the President and Vice-President. This is clearly mentioned in Article 69 of the Constitution. The article states that the People's Congress will elect the President and Vice-President of China. A person over the age of 45 can be a candidate for President and Vice President. Their tenure is 5 years. They cannot be elected more than twice in a row.
Civil Rights and Duties: Like other constitutions, the current constitution of China provides for the rights and duties of citizens. Article 33 to Article 57 of the Constitution clearly states the rights and duties of citizens. Among the fundamental rights, equality of law, freedom of speech, religious freedom and the right to action deserve special mention. In addition to the duties, law enforcement, contributing to the army, preventing attacks, maintaining discipline and paying taxes are especially important.
Central Military Commission: The present constitution mentions the formation of a Central Commission. The commission is the highest governing body of the Chinese military. This commission directs all forces. The commission will consist of one president, several vice-presidents and some members. All the responsibilities of this commission are entrusted to the President. The term of this commission is 5 years like the term of the National Congress. This commission is responsible to the People's Congress.
#Features of the 1972 constitution #Features of the Constitution of the People's Republic of China #Nature and features of the Constitution of the People's Republic of China