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Topic: 1982 Chinese Constitution


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  China - MSN Encarta
According to the country’s 1982 constitution, China is a socialist dictatorship of the proletariat (working class) led by the Chinese Communist Party (CCP) in a united front with other parties.
The 1982 Chinese constitution vests supreme command of the armed forces in the Central Military Commission, a CCP organ independent of civilian control.
Chinese revolutionaries overthrew the last dynasty in 1911, and for several decades the country was torn apart by warlords, civil war, and Japanese invasion.
encarta.msn.com /encyclopedia_761573055_15/China.html   (1638 words)

  
  Constitution of the People's Republic of China - Wikipedia, the free encyclopedia
Whereas the 1978 constitution stressed "self-reliance" in modernization efforts, the 1982 document provides the constitutional basis for the considerable body of laws passed by the NPC in subsequent years permitting and encouraging extensive foreign participation in all aspects of the economy.
This is technically incorrect as the Chinese Constitution explicitly states that the all Chinese organizations are subordinate to the Constitution, and the view that the Party should be subordinate to the Constitution is universal among Chinese legal scholars and party officials.
However, most Chinese officials would argue that the formal subordination of the Party to the Constitution and Chinese law is important as it provides a systematic and predictable framework for decisions to be made, and that this rule of law limits arbitrary decisions and the establishment of a cult of personality.
en.wikipedia.org /wiki/Constitution_of_the_People's_Republic_of_China   (2047 words)

  
 CECC: China's Constitution
The 1982 Constitution is a lengthy, hybrid document with 138 articles.
Whereas the 1978 constitution stressed "self-reliance" in modernization efforts, the 1982 document provides the constitutional basis for the considerable body of laws passed by the NPC in subsequent years permitting and encouraging extensive foreign participation in all aspects of the economy.
Article 7 of the Constitution, ("The state economy is the sector of socialist economy under ownership by the whole people; it is the leading force in the national economy.
www.cecc.gov /pages/virtualAcad/gov/stateconst.php   (1521 words)

  
 Constitution of the People's Republic of China - The U.S. Constitution Online - USConstitution.net
The Constitution of China is presented for comparison purposes with that of the United States.
This Constitution, in legal form, affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the state; it is the fundamental law of the state and has supreme legal authority.
The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the nationality exercising regional autonomy in the area concerned.
www.usconstitution.net /china.html   (9924 words)

  
 World Almanac for Kids
For more than 2000 years the Chinese economy operated under a type of feudal system; land was concentrated in the hands of a relatively small group of landowners whose livelihood depended on rents from their peasant tenants.
The Chinese Communist party emerged in the 1920s in the midst of a mounting economic crisis caused by foreign intervention and increased landlord influence in the countryside.
According to the constitution of 1982, China is a socialist dictatorship of the proletariat led by the Communist party and based on a united front that includes other democratic parties.
www.worldalmanacforkids.com /explore/nations/china2.html   (12777 words)

  
 China - Legal Reforms in the 1982 State Constitution   (Site not responding. Last check: 2007-10-23)
The 1982 state Constitution incorporates many provisions of the laws passed since 1978 and distinguishes between the functions of the state and of the party, mandating that "no organization or individual may enjoy the privilege of being above the Constitution and the law" (Article 5).
Lawyers are expected to act as legal advisers to government and nongovernment organizations and as both public and private litigants in civil suits, to defend the accused in criminal cases on request of the defendant or upon assignment of the court, and to offer legal advice at a nominal charge to anyone requesting it.
The 1982 law guarantees that in carrying out these duties lawyers will be permitted to meet and to correspond with their clients without interference from any organization or individual.
www.country-data.com /cgi-bin/query/r-2914.html   (514 words)

  
 DISKUS: Beatrice Leung
In the context of the interpretation of religious freedom in the Chinese constitutions, various decrees and regulations have been issued in the period 1982-1994 with the purpose of restricting religions.
Constitutions of Communist states serve the rulers rather than limit their administrative power; the norms which they contain are interpreted from the sole point of view of the party or the state as determined by the rulers.<6> This kind of constitution of a single party state is apt to be something of a political manifesto.
The Chinese Christian Council, representing the one church was admitted to membership in the World Council of Churches in Feb. 1991, with the permission of the Chinese government.
web.uni-marburg.de /religionswissenschaft/journal/diskus/leung.html   (5664 words)

  
 CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA
(2) To supervise the enforcement of the Constitution;
At the same time, they exercise the right of autonomy within the limits of their authority as prescribed by the Constitution, the law of regional national autonomy and other laws, and implement the laws and policies of the state in the light of the existing local situation.
The basic task of the nation is, according to the theory of building socialism with Chinese characteristics, to concentrate its effort on socialist modernization.
english.people.com.cn /constitution/constitution.html   (11166 words)

  
 marxism220
Traditionally, Chinese intellectuals have viewed themselves as the caretakers of culture--moral and spiritual leaders whose task it was to defend orthodox beliefs and practices.
Chinese Christians, although not concentrated geographically in the same way, have likewise come under suspicion because of their assumed links with foreigners and their devotion to "external" sources of religious authority.
In the realm of family values, 83% of the Chinese sample thought that, facing financial difficulties, the first recourse of aging parents should be to request assistance from their adult children, whereas only 11% of the U.S. sample felt the same way.
www.owlnet.rice.edu /~anth220/marxism220.html   (9543 words)

  
 ICL - China Index
One distinct feature of the constitution is the priority of socialist public property over the "system of exploitation of man by man" (Art.
Separatism and other chinese entities: The Uighurs, a nationalist minority of Turkic origin (numbers varying between 9 and 22 million), consider China's government in the north-western province Xinjiang (East Turkestan) as occupation and strive for regaining the independence they had in 1944-1949 as the 'Republic of East Turkestan'.
There are separate pages for the unacknowledged chinese countries of Tibet (occupied by China) and Taiwan (declared a "renegade province" by China).
www.oefre.unibe.ch /law/icl/ch__indx.html   (375 words)

  
 Constitution of the People's Republic of China - 1993   (Site not responding. Last check: 2007-10-23)
The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China's socialist system and try to undermine it.
This Constitution, in legal form, affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the state; it is the fundamental law of the state and has supreme legal authority.
Article 114 The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the nationality exercising regional autonomy in the area concerned.
www.chinalaw.cc /lib/general/01.htm   (9533 words)

  
 Chinese Democracy in 1989
Chinese democrats have consistently positioned themselves as remonstrators rather than opponents, pressing the party to reform in its own interests and in keeping with its own ideals.
The Chinese democrats have long believed that the regime was capable of reform from within, and the democrats themselves continued to believe in socialism, albeit of a democratic variety.
The second reason for the Chinese democrats' long-standing posture of loyalty to the regime is the nature of their own ideals.
www.tsquare.tv /themes/Nathan.html   (7967 words)

  
 China - CHINESE COMMUNIST PARTY
The party constitution adopted in September 1982 at the Twelfth National Party Congress clearly defines the powers and functions of the Chinese Communist Party (CCP), and it assigns the party a pivotal role in guiding national efforts toward a communist social system.
Although the party constitution sets legal limits on CCP activities, the party's role in areas of political, ideological, and organizational leadership is authoritative and unquestioned.
In the party constitution, and in other major policy statements, the CCP diminished the role of centralism by abolishing the post of party chairman, by prohibiting any future cult of personality, and by emphasizing the importance of collective leadership.
countrystudies.us /china/100.htm   (406 words)

  
 Chinese regime amends constitution to protect private ownership
In 1982, three years after the market reforms were launched, the constitution was revised to recognise the private sector as a “complement” to the state-owned economy.
The 1949 Chinese revolution saw, not the independent mobilization of the working class and the establishment of genuine workers’ democracy, but the coming to power of the peasant-based movement led by Mao Zedong.
While claiming to represent “Chinese socialism,” the Maoist policy was in fact a form of national autarchy, seeking to organise virtually every aspect of a backward and largely peasant economy on the basis of bureaucratically conceived plans and production quotas.
www.wsws.org /articles/2004/apr2004/npc-a02_prn.shtml   (2183 words)

  
 Defense - Government - China - Asia
The 1982 Chinese constitution vests supreme command of the armed forces in the Central Military Commission, a CCP organ independent of civilian control.
Separate forces associated with the PLA are the People’s Armed Police and the railway police.
Local militia forces, whose defense role was emphasized under former leader Mao Zedong, no longer play an important role in Chinese defense planning.
www.countriesquest.com /asia/china/government/defense.htm   (284 words)

  
 Preface to the Chinese Edition of Undercover
There are a number of reasons why this book may be of interest to Chinese scholars, law and criminal justice practitioners and the general reader concerned with how a society balances liberty and order and how this changes with modernization.
Chinese police officials attend training seminars and conferences abroad, and argue for the need to improve training, adopt modern management practices and make use of the latest technologies.
The 1982 Chinese constitution requires approval of a people's procuratorate before an arrest is made; prohibits unlawful detention and searches of persons and homes, absent the needs of state security and the investigation of crimes.
web.mit.edu /gtmarx/www/chinapref.html   (2419 words)

  
 1982 - Wikipedia, the free encyclopedia
1982 (MCMLXXXII) was a common year starting on Friday of the Gregorian calendar.
April 17 - By Proclamation of the Queen of Canada on Parliament Hill, Canada repatriates its constitution, granting full political independence from the United Kingdom; included is the country's first entrenched bill of rights.
June 6 - 1982 Lebanon War begins: Forces under Israeli Defense Minister Ariel Sharon invade southern Lebanon in their "Operation Peace for the Galilee," eventually reaching as far north as the capital Beirut.
en.wikipedia.org /wiki/1982   (3120 words)

  
 ICL - China Constitution
The Chinese people and the Chinese People's Liberation Army have thwarted aggression, sabotage, and armed provocations by imperialists and hegemonists, safeguarded China's national independence and security and strengthened its national defence.
The administrative head of an autonomous region, prefecture or county shall be a citizen of the nationality, or of one of the nationalities, exercising regional autonomy in the area concerned.
At the same time, they exercise the power of autonomy within the limits of their authority as prescribed by the Constitution, the law of regional national autonomy and other laws, and implement the laws and policies of the state in the light of the existing local situation.
www.servat.unibe.ch /law/icl/ch00000_.html   (9893 words)

  
 Selected Legal Provisions of the People's Republic of China Affecting Criminal Justice
The Chinese people and the Chinese People's Liberation Army have thwarted aggression, sabotage and armed provocations by imperialists and hegemonists,safeguarded China's national independence and security and strengthened its national defence.
The state develops medical and health services, promotes modern medicine and traditional Chinese medicine, encourages and supports the setting up of various medical and health facilities by the rural economic collectives, state enterprises and undertakings and neighbourhood organizations, and promotes sanitation activities of a mass character, all to protect the people's health.
Amendments to the Constitution are to be proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress and adopted by a majority vote of more than two-thirds of all the deputies to the Congress.
www.cecc.gov /pages/newLaws/constitutionENG.php   (10481 words)

  
 Articles > Law - Jongo Knows - Encyclopedia of China
In 1982, the National People's Congress(中国人民代表大会) adopted a new state constitution that emphasized the rule of law under which even party leaders are theoretically held accountable.
At the third plenum of the 11th Central Committee of the CPC in 1978, the Chinese government proclaimed the Four Modernizations, an integral part of which was building a modern legal system.
The 1980 Organic Law of the People's Courts (revised in 1983) and the 1982 State Constitution established four levels of courts in the general administrative structure.
knows.jongo.com /res/category/10?pageSize=20&sortby=passedAt&direction=asc   (381 words)

  
 JURIST China - Chinese law, legal research, human rights
Under the Chinese Constitution, the NPC is the highest organ of state power in China.
In 1982, the National People's Congress adopted a new state constitution that emphasized the rule of law under which even party leaders are theoretically held accountable.
Mainland Chinese legal practitioners, defined in the August 1980 Interim Regulations of the People's Republic of China on Lawyers as 'state legal workers', function in legal advisory offices under the supervision of the Ministry of Justice.
jurist.law.pitt.edu /world/china.htm   (2225 words)

  
 Tricky Living: Chinese
Chinese books are usually written from front to back (like English), but they can also be written from back to front (which is more traditional).
Since Chinese households have traditionally been large (including grandparents, grandkids, and other relatives) and close-knit — and since friendships are also tightly woven and are needed to get job references — speaking your mind can get you booed by many generations of people and the whole town and make you become a worthless person.
Chinese families schlep oil drums to the park, then launch the many rockets hiding inside, by remote control, and just hope no girl walks by at the wrong moment has her guts propelled to heaven.
www.angelfire.com /nh/secret/1Chinese.htm   (14706 words)

  
 ICL - China Constitution
Both the victory of China's new-democratic revolution and the successes of its socialist cause have been achieved by the Chinese people of all nationalities under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, and by upholding truth, correcting errors and overcoming numerous difficulties and hardships.
The administrative head of an autonomous region, prefecture or county shall be a citizen of the nationality, or of one of the nationalities, exercising regional autonomy in the area concerned.
At the same time, they exercise the power of autonomy within the limits of their authority as prescribed by the Constitution, the law of regional national autonomy and other laws, and implement the laws and policies of the state in the light of the existing local situation.
www.oefre.unibe.ch /law/icl/ch00000_.html   (9893 words)

  
 Journal of Chinese Law, Vol. 9 No. 2   (Site not responding. Last check: 2007-10-23)
Section III explores the elements and boundaries of constitutional supervision and interpretation, and their applicability in contemporary China.
Section IV is a brief history of actual instances of constitutional supervision and interpretation in China.
Section VI concludes with my analysis of the political, legal, and constitutional issues currently confronting those interested in establishing a system of constitutional supervision.
www.columbia.edu /cu/chinalaw/backissues/issue92/cai.html   (163 words)

  
 East Asian History Sourcebook: People's Republic of China: Constitution, 1982
China's Constitution was adopted by the Fifth Session of the Fifth National People's Congress on Dec 4, 1982.
Constitutional amendments must be proposed by the Standing Committee or by at least one-fifth of the National People's Congress deputies.
Chinese and foreign nationals previously working in the public and police services in the government departments of Hong Kong may remain in employment.
www.fordham.edu /halsall/eastasia/prchina-constitution1982.html   (1994 words)

  
 Constitution of the People   (Site not responding. Last check: 2007-10-23)
A page that notes some significant differences between the Chinese Constitution and that of the United States is forthcoming.
The first version of the Chinese constitution presented here was that of 4 December, 1982.
The constitution was amended in April 1988, and again in March, 1993.
www.terryneal.com /CHINESECONSTITUTION.htm   (9960 words)

  
 CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA
A new Constitution of the People's Republic of China was adopted in 1982, and amendments were made in 1988 and again in 1993.
Both the victory in China's New-Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all nationalities, under the leadership of the Communist Party of China and the guidance of Marxism and Leninism and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships.
The basic task of the nation in the years to come is to concentrate its effort on socialist modernization.
www.hkhrm.org.hk /english/law/const01.html   (849 words)

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