Friday 23 December 2022

Salient Features Of The Constitution of China

 Salient Features Of The Constitution of China


(1) Introduction: 

People’s Republic of china has largest population longest historical background and glories traditions in law making and law enforcement. China is a socialist state. Under the people democratic, dictatorship led by working less and based on the alliance of workers and labors. The present constitution of people republic of china was adopted on 4th December 1982. This constitution has some unique features. This constitution is in written and enacted form. Article 1 to 32 relates to general principles are the key land marks of the constitution. 

(2) General principles of the Constitution: 

Article 1 to 32 talk about general principles of the Chinese constitution, among these constitution following main clauses are discussed:

a) Socialist State

b) Powers belong to Public

c) Democratic Centralism

d) Supremacy of Constitution

e) Rights of Minorities

f) Public and Private Properties

g) Education science and Technology

h) Forces

i) Administration and Managements

(3) Salient features of people’s Republic of China constitution 1982: 

 (a) Written and enactment:

The present constitution was passed on 1982. It has 138 articles and 7 chapters. This constitution was passed by nation people congress with absolute majority.  

(b) A rigid constitution:

China constitution is rigid in its nature. It cannot be amended by simple majority. If national people congress requires amending the constitution 2/3 (66 %) majority is required.

(c) Unicameral legislature:

Despite being the largest country in population, China has unique constitution. Its constitution has only one house which is called national people congress.

(d) Tenure of congress:

According to constitution the tenure of national people congress is 5 years. The president is the head of state, whereas the prime minister is the head of government. Congress may be dissolved before the expiry of tenure. 

(e) Unitary state:

It is really remarkable that china has unitary form of government. It is a multi culture society with so many religions, nations, life style and contradiction.

(f) Parliamentary system:

The present constitution resembles parliamentary form of government. The state council is the real attractive of the state and the highest organ of state power. 

(g) Elected and responsible judiciary:

It is also unique in china that the president of supreme people court is elected by national people congress. 

(h) Supremacy of constitution:

People’s Republic of China constitution supremacy of constitution is written clearly. Because constitution is the main ruling document of every country, No one cross limits and go against their constitution. The supreme will of state is constitution, government and system of state cannot run without constitution.

(i) Natural resources:

Natural resources of every country are the property of state, because state works for the welfare of all individual. In China constitution clearly written that everything of state e.g. rivers, mountains, lakes the property of state. 

(j) Ownership of land:

All the land of country which is under the people is also the property of land. No one go beyond against state because every citizen is patriot to his country.

(k) Enterprises:

Every person of the state work in their state for betterment of their financial condition and people has to pay the taxes. In this way the system of state wins. State also uses these taxes for the development of society. 

(l) Freedom of media:

Media of every country should free from any pressure. Government gives freedom to media that they work fair in state and give awareness to the people of state. Media plays a vital role in state. People know their rights and duties. Media also bring latest news about state and every citizen.

(m) Protection of Minorities:

According to People’s Republic of China constitution that protection of minorities are important and main feature of every state. State is responsible for the protection of every individual rules which are made in state are for the protection of minorities.

(n) Religions freedom:

In China so many religion exist. All persons are free to spend their lives according to their religion. This religion freedom is guaranteed in the Chinese constitution. Buddhism is the largest religion in China but it does not supersede any other religions.

(o) Protection of rights of farmer:

Every state has first priority of the protection of rights and more protection for the former and it is basic right of every state. This also shows the image and character of state. Protection of rights is the basic purpose of every state. In Chinese constitution the rights of individuals are protected. The main focus of the constitution is the well being of state.

(p) Democracy:

Democracy is the type of government for the people and by the people. In democracy people enjoy the government and most liked government is the world, because is this government people appoint their favorite parliamentarians, which work for the welfare of people. In Chinese constitution there is also democracy is the type of government.

(4) Conclusion:  

To conclude I can say that People’s Republic of China constitution is in written and enactment form. There are 7 chapters and 138 articles. Chinese constitution has unicameral form of government. The tenure of government is 5 years. Head of state is president and 17 head of government is Prime Minister. Chinese constitution is in rigid form. Chinese of amendment are very less. 2/3 of populations agree than there is possible of amendment.


 

 

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