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The history of Chinese Constitution has reflected the process of chinese social and political development like other countries. China has passed through the processes of several amendments of constitution for only one century, each has its own historical and political backgrounds. This paper analyzes the relationship between the modern history and constitution in China and outlooks the frame and changes of existing Constitution.
The first enactment of Constitution of the People's Republic of China changed an anti-colonial and anti-feudal society into an socialist society. The construction of socialist system changed the traditional constitution structure of China basically, so that it was different from not only those of democratic countries but also those of China that had been made before. According to the preamble of 1954 Constitution, after waging hard, protracted and tortuous struggles, armed and otherwise, the Chinese people of all nationalities led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat capitalism, won the great victory of the new-democratic revolution and founded the People's Republic of China. Thereupon the Chinese people took state power into their own hands and became masters of the country.
In the 1970s, China was faced with the caos for 10 years due to the Cultural Revolution. But with Mao Zedung's death, the Cultural Revolution era came to an end. To make up for lost time and wasted resources during the era, China's leaders initiated China's "second revolution"--a comprehensive economic modernization and organizational reform program. Therefore the 1978-Constitution was carried by the First Plenum of the Chinese Communist Party's Fifth National Party Congress in May 1978. This Constitution, called the Four Modernizations Constitution, represented "the construction of the great socialist society through the Modernization in Agriculture, Industry, Army and Technology. So the goal of government was converted from the struggle of classes to the construction of socialism with modernization.
After the passage of the 1978 Constitution, China had changed in political, economical areas dramatically. While accelerating the development of the system in the leadership and economics, the 1978 Constitution couldn't satisfy the need for the development. Moreover it didn't be suited to the on-going reform of economics and the Open Policy. It resulted in the birth of the 1982 Reform and Open Constitution. Although it has been amended three times after then the ideology of reform and open in the Constitution has been continued until now.
The first enactment of Constitution of the People's Republic of China changed an anti-colonial and anti-feudal society into an socialist society. The construction of socialist system changed the traditional constitution structure of China basically, so that it was different from not only those of democratic countries but also those of China that had been made before. According to the preamble of 1954 Constitution, after waging hard, protracted and tortuous struggles, armed and otherwise, the Chinese people of all nationalities led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat capitalism, won the great victory of the new-democratic revolution and founded the People's Republic of China. Thereupon the Chinese people took state power into their own hands and became masters of the country.
In the 1970s, China was faced with the caos for 10 years due to the Cultural Revolution. But with Mao Zedung's death, the Cultural Revolution era came to an end. To make up for lost time and wasted resources during the era, China's leaders initiated China's "second revolution"--a comprehensive economic modernization and organizational reform program. Therefore the 1978-Constitution was carried by the First Plenum of the Chinese Communist Party's Fifth National Party Congress in May 1978. This Constitution, called the Four Modernizations Constitution, represented "the construction of the great socialist society through the Modernization in Agriculture, Industry, Army and Technology. So the goal of government was converted from the struggle of classes to the construction of socialism with modernization.
After the passage of the 1978 Constitution, China had changed in political, economical areas dramatically. While accelerating the development of the system in the leadership and economics, the 1978 Constitution couldn't satisfy the need for the development. Moreover it didn't be suited to the on-going reform of economics and the Open Policy. It resulted in the birth of the 1982 Reform and Open Constitution. Although it has been amended three times after then the ideology of reform and open in the Constitution has been continued until now.
목차
Ⅰ. 머리말(序言)
Ⅱ. 중국 역사상 헌법문제의 출현(?法??在中??史上的出?)
Ⅲ. 중화인민공화국 헌법 제정과 전개(中?人民共和??法的制定和展?)
Ⅳ. 결론(??)
참고 문헌(?考?料)
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