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|Other Titles: ||The constitutional amendment of the PRC in 2004 and Chinese political-economic development|
|Authors: ||歐陽彥;Yen Ou-Yang|
|Keywords: ||中共憲法;八二憲法;2004年憲法修憲案;中國共產黨;Constitution of PRC;1982 document;2004 amendment;Chinese Communist Party|
|Issue Date: ||2015-05-04 09:17:34 (UTC+8)|
Communists consider constitution as a capitalism product, as a tool for capitalists to exploit proletariats. Since the Chinese Communist Party (CCP) established People’s Republic of China (PRC) in 1949, the PRC has been possessing constitution or constitutional structure until now. The communist China has experienced many incidents in the past. Influenced by coordinating ruler’s ideologies and political propaganda, the constitution of PRC has been amended for many times. Although the constitutional amendment after 1982 document added many modernize content inside of the current constitution, the constitution is still poorly functioned. In the history of PRC, the constitution was often practice as tool of political struggle and propaganda. Constitution is ought to be consisting of basic institution of the polity or state, and also the future development plans, but the constitution of PRC performs like a rubber-stamp law. The malfunction of constitutional will definitely become one of the biggest issues for PRC to face. Except for the sovereignty principle and national symbol, the constitution features as a tool in service for political purposes. The Era significance of the PRC constitution has brought important influences to the making of political and economic policies. In entering the era of reformation and opening policies, and in need of conducting pragmatic policies, the Mainland China has been experiencing and practicing the long term development of market economy, and become a rising state for the region and the world. With the development of economic reform, the consciousness of the middle class in China has emerged hugely; the gap between rich and poor is steadily enlarging, plus, lack of distinction between the functions of the party and government, these problems continue to exist, showing the problems in China existing and emerging one after another. How would the constitution handle the problems on the table and rapid economic development of Mainland China? Which is one of the most important aspects for observing the overall development of the Mainland China.The PRC politics is closed and conservative, but still preserved CCP’s continuous one-party rule; yet, the economy is relatively opening. How would the politics reform keep up with the continuous economic development? Which needs CCP to find a way out to reach balance between politics and economy. The policy of reformation and opening has sustained since 1978, the PRC constitution has been though times of entirely renew and overthrown of the content. For adopting new concepts and new configurations of the economic reforms, the constitutional amendment has to coordinate with the era to carry out the legal system construction. The article’s main core and debate focus on the 2004 amendment, which increase the most content compare to the previous amendments since 1982 document was made, take closely look on the development of the constitution of reaching toward modern legal system construction, and take research on ways and contents of the constitution to practice in the Mainland China.
|Appears in Collections:||[中國大陸研究所] 學位論文|
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