A Research on the Amendments of the PRC Constitution (1988-2004)
Date Issued
2007
Date
2007
Author(s)
Tsai, Ying-Tzu
DOI
zh-TW
Abstract
Mainland China had established the 4th constitution in 1982, which was in operation till now. Until 2004, it has been revised for 4 times. Through analyzing the 4 revisions of current constitution, this study is trying to answer the following questions: 1. what’s the procedure of the 4 revisions? 2. Who played the leading role for the 4 revisions? 3. What’re the contents of the 4 revisions? 4. What’re the motives of the 4 revisions? 5. What directions did the 4 revisions present?
In this study, it is assumed that the requirement of economy development and democratization caused the frequently revisions, after that the Communist Party of China (CPC) proposed revision suggestions based on the requirement. As a result, it contributed to the constitutional amendment approved by National People’s Congress, and the contents of the amendment exactly reflected a sign of the transition. This study took the analytical jurisprudence approach to interpret the articles of the revisions. For motives of constitutional revisions, sociological jurisprudence was taken to dissect the relationship of constitutional revisions and the society. In the analysis of sociological jurisprudence, the author adopted the political system analysis as the structure to not only clarifies the relationship between the constitutional revisions and society, politics, economy but also the role of CPC in constitutional revision. Furthermore, decision-making approach in politics was introduced in how CPC played the leading role in constitutional revisions.
There are three conclusions. First of all, the CPC, the dominator of the whole procedure, led the constitutional amendment beyond the legal system. Second, the reports of all CPC previous National People’s Congress and all issued documents were highly connected to the constitutional revisions. Namely the CPC’s policy decisions have been used as the guidelines of the important constitutional revisions. Finally, the constitutional revisions reflected the evolution of society, politics and economy system in Mainland China along with the conversion of CPC’s role, which is different from the past.
Subjects
憲法修改
憲法修正案
改革開放
PRC constitution
revisions of constitution
economic reform
constitutional amendment
the Communist Party of China
SDGs
Type
thesis