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Essay On Constitution In China

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Constitution in China

Constitution is the fundamental law of a country which governs the power and operation of the government, protects the rights and places obligation to the citizens; all the statutes made in the country cannot violate the Constitution.

In China, there are 1 Constitution document i.e. 1949 Common Program and 4 major versions of Constitution i.e., 1954 Constitution, 1975 Constitution, 1978 Constitution and 1982 Constitution, the latest 1982 Constitution had amended in 1988, 1993, 1999 and 2004; they serve additional political role in China as well as the basic law of the country. Different versions of Constitution of China were normally enacted at the time of major change in China, especially politics changes. It is the statement of political goal of the leaders.

Power structure

China is a democratic …show more content…

Communist Party

The politic party in China is Communist Party. It was founded at 1921 congress in Shanghai. The important officials including judges must be the member of Community Party. The Party has its own constitution which is shorter from and some parts are very similar to the constitution of China. National Party Congress is the highest body of Communist Party (Article 10 of Constitution), the members have meeting every 5 years. Political-Legal Committee (PLC) in the Party control the legal system in China, it is at the same levels as all courts in China. Presidents of every court sit on parallel PLC.

In reality, China is ruled by Communist Party stated in Preamble to Constitution, different branches of the state are actually controlled by Communist Party instead of NPC, and the real power is at the Community Party. The Communist Party has its own committees i.e. Politics and Legal committee to control the courts, the judges are chosen by the Party as well. Communist Party is the one actually has the highest power and in the highest level in China. All the constitutional amendment and most new laws must be approved by Communist

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