Art 260 Civil Procedure Law of the Peoples Republic of China
The Key People's Government Committee adopted the Draft of the Constitution of the People's Democracy of China on June 14, 1954.
The 1954 Constitution of the People's Democracy of Prc was adopted and enacted on September 20, 1954, through the first session of the Outset National People's Congress in Beijing.[1]
Introduction [edit]
This constitution was published based upon 2 documents: one is "The Common Program of the Chinese People's Political Consultative Briefing (CPCPCC)", and the other i is "The Organic Law of the Primal People's Authorities of the People's Democracy of China". The Constitution of 1954 was the first constitution of socialism in China. In the constitution of 1954, it includes the Preamble, four chapters, 106 articles, and information technology defines "the national flag of People's Republic of Mainland china is a cherry flag with 5 stars" (Art 104); "the national emblem of the People'due south Democracy of Mainland china is: in the middle, Tien An Men under the low-cal of 5 stars, and encircled by ears of grain and a cogwheel." (Art 105); and "the uppercase of People's Republic of China is Peking." (Art 106).[2] During the development of socialism, the Constitution of 1954 stipulated the chore for the ongoing Chinese Communist country. Compared with the Constitution of 1949, the constitution of 1954 narrowed the definition of the regime in Mainland china. Under this situation, China finally became a Communist country.[3]
On the eve of the Cultural Revolution, Liu Shaoqi, then the Communist china President, barbarous victim to the Constitution itself. Although constitutionally Liu could not exist removed, the force of the dawning Cultural Revolution was as well great, and Liu had to leave the Presidency backside.
The 1954 Constitution was replaced in the midst of the Cultural Revolution past the 1975 Constitution of the People'due south Republic of Mainland china. Books published in the Red china since the 1980s regarded the 1975 and 1978 promulgations of the Constitutions equally ones with "serious errors". In the 1954 Constitution, the President of the People's Republic of Communist china (Mainland china) could convene Supreme National Meetings—emergency meetings. This Presidential right was never seen over again in later promulgations of the Chinese constitution.
Summary of the constitution of 1954 [edit]
The outset chapter in the Constitution of 1954 includes 20 articles and information technology deals with the general issue of defining social and economic structure. In the first affiliate, it gave the primary definition of "the nature of regime, the structure of ownership, people's holding rights and so on."[three] Heavily considering the state of the country at the fourth dimension, the get-go part of the constitution emphasized the equality between the Han nationality and the other fifty-six minority nationalities.
The 2nd affiliate consists of 64 manufactures; this part stipulated the relationship betwixt "the national people's congress (NPC), Chairman of China, State Quango, and the local people's congress, the local people's councils" with "the Organs of self-government of National Democratic Areas, the people's courts and the people'southward Procuratorates".[4]
The tertiary affiliate indicates rights and duties of the country's denizen. It guarantees the equality of each citizen and it prohibits racial discrimination and oppression. This affiliate consists of 19 articles and information technology protects a denizen's customs, habits and religious beliefs.[1]
The terminal chapter, which is the fourth chapter, stipulates the national flag, the national emblem and the capital of Prc.[4]
[edit]
Positive [edit]
The Constitution of 1954 concluded the historical experience that was obtained from the Chinese revolution and it fully reflects the state of affairs of Chinese history and the feature of the transition catamenia. The enactment of the constitution set the initial foundation of developing the Democratic socialism and the socialist legal arrangement.[four]
Negative [edit]
The Constitution of 1954, while information technology helps China accept a good step forward, it has fatal flaws at a conceptual level and eventually began to hinder China'south growth. The principle of "Control from the pinnacle" was extending the supervisory organisation and enhancing the government's authority and power. To some aspects, information technology limits citizen'due south freedom.[3]
References [edit]
- ^ a b Houn, Franklin. "China'south New Constitution". Retrieved April 3, 2014.
- ^ "Constitution of the People's Republic of People's republic of china". Archived from the original on July 21, 2017. Retrieved April iii, 2014.
- ^ a b c Li, Hai-yu (2011). "The Political Stalinization of China: The Institution of One-Party Constitutionalism, 1948-1954". Cold War Studies. 3 (two): 44. Retrieved April three, 2014.
- ^ a b c "中华人民共和国第一部宪法简介（１９５４年制定）". Retrieved April 3, 2014.
External links [edit]
- The Constitution of the China (1954)
- The Constitution of the People's Republic of China (1954)
- The Constitution of the People'due south Republic of China (1954) from the Peking University Middle for Legal Information
Source: https://en.wikipedia.org/wiki/1954_Constitution_of_the_People%27s_Republic_of_China
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