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The Constitution of the People’s Republic of China: the Reform Era.

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The Constitution of the People’s Republic of China: the Reform Era.
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The Constitution of the People’s Republic of China: the reform era.

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China has undergone a real transformation in terms of agriculture development, manufactures, industry low-added and high value added, military, space research … However, if this transformation is impressive, it was not the only one on the last two centuries. It is indeed a need to return to what was China in the mid-nineteenth century to understand the different mutations suffered by the country from 1840 to the present day. War against the west, the last dynasty, proclaimed the republic, civil war, communist victory, socialization scale, the great leap forward, Cultural Revolution, Mao’s death, massacre of Tiananmen and the spectacular economic development. All these events must be considered together to understand the history, strengths and weaknesses of the country. The constitution of the People’s Republic of China is the result of the sometimes troubled history.

The study of the Chinese constitution reveals first his ideological. It is not a supreme law which establishes the right of a neutral and final, and thus regulates, more or less direct, all spheres of society. The Chinese constitution instead merely formalizes. This law is not final. Is only formal and on, so it adapts to changing economic conditions and the will of leaders to reform. Thus, when, in 1982, Chinese leaders decided the “building of socialism in the face of China”, the constitution is completely redesigned to formalize.

As scheme Marxist-Leninist, the shape of the Chinese regime is very marked. In fact, it differs from western regimes, where the ideological neutrality of the supreme norm prevails. In China however, the constitution is deliberately not neutral, since it is a socialist constitution. The study of the constitution thus requires the study of his ideological foundation. The founding tenets of the regime are explained in the



References: Chen JianFu, Chinese Law: Towards an understanding of Chinese Law, it’s nature and development Chen JianFu, China Perspectives, 1999, 53 Cabestan J, the political system of the PRC,PUL 1999 Pu Zengyuan, Bulletin of Australian Society of Legal Philosophy Pomfret,J, China Orders Halt to Debate on Reform,2003,WP

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