Friday 23 December 2022

The Major Amendments in the Chinese Constitution 1982

 The  Major Amendments in the Chinese Constitution 1982


(1) Introduction: 

Any change either addition are deletion in a legal document is called an amendment. Chinese constitution is rigid in its formation. Generally it is difficult to amend it. However 5 amendments have been made since 2018. These amends are known the part of present constitution. National people congress is the soul institution to amend the constitution.  

(2) Meaning of amendment:  

An addition or alteration made to a constitution, statue or legislative bill, is called amendment.

(3) Historical Background:  

The first constitution of People’s Republic of China was declared in 1954. After to intervening versions enacted in 1975 and 1978, the present constitution of People’s Republic of China was adopted on 4 December 1982, since to 2018 five amendments has been made to the present constitution of People’s Republic of China. 

(4) Amendment in constitution:  

Following are the amendments and their impact on constitution of People’s Republic of China:

(a) First amendment:

This amendment was approved in 1988 national people congress amendment article number 10 and 11. This amendment was related to the economics of country. Through this amendment the concept of private business and property became the part of constitution. 

(b) Second amendment:

The second amendment was approved in 1993. National people congress improved it on first section. This amendment was relating to modernization of socialist. This amendment modified the preamble and so many other articles. Through this amendment the concept of socialization was modernization works, labour and farmers were encouraged collective economic organizations and they decision marking were modified.

(c) Third amendment:

National People congress approved third amendment in 1999. At its second section, this amendment modified various parts of the preamble and the article. In this amendment victory of democratic revolution was named to communist party. Mao-Zedong, Karl Marx and Lenin declared the heroes and their contribution were encouraged in preamble. Rural collective income organization practices the double tier. The state became more powerful to handle the criminal activities.  

(d) Fourth amendment:

National people congress approved fourth amendment in 2004. This is the most praised amendment in Chinese constitution. This amendment modified so many articles as preamble as well. Through fourth amendment the concept of “state of emergency came into existence”. According to article 81 president of the People’s Republic of China on behalf of the People’s Republic of China engages, in activities, involving state affairs and receives foreign diplomatic representative.

 (e) Fifth amendment:

It is the latest amendments in Chinese constitution. It was approval in 2018 by national people congress. According to this amendment new autograph agency extended the congress. The phrase “Communist party of china” and its “leadership” they became we past of constitution. This is in the progress of enforcement.  

(5) Conclusion:  

To conclude I can say that the Chinese constitution has a voluntary value. The present has five amendments. These amendments are the integral part of present constitution. People’s National congress is the soul body to make an amendment the constitution. The process of amendment is rigid according to constitution 2/3 majority is required to amendment the constitution.

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