1954 the historical position of the constitution
The May 4th Constitution is the first socialist constitution in New China. "It is a watershed in the history of China, which distinguishes two completely different constitutions." [15] From the perspective of the history of constitutional development, the May 4th Constitution has had many influences on the constitutional development of new China. It can be said that the new China Constitution was developed and perfected on the basis of the May 4th Constitution. Historical trend, good Tang dynasty, as a democratic constitution that conforms to the historical development trend, when its contents are well implemented, the overall development of the country will be better; On the contrary, when it is shelved or even "abandoned without notice", the development of the country is in a state of stagnation or even disaster.
(1) The May 4th Constitution laid the basic system of the country.
From1September 20th, 954 to 19751October 7th, the May 4th Constitution has been implemented for 2 1 year, which makes China society continue to have constitutional effect in legal sense. Through the May 4th Movement, the basic system of the country was established, and the constitutional relationship between citizens and the country was constructed. The political system and economic and social system were all socialist, which provided a unified constitutional basis for the formation of a new constitutional order.
Before and after the May 4th Constitution was promulgated, it was in the transitional stage from a new democratic society to a socialist society, which was a process of innovation, and the state system was also being explored and reformed. Among them, the most important national system is the establishment and practice of the people's congress system. The people's congress system was created by the people themselves according to the specific historical conditions of China. It is a form of political organization suitable for China's national conditions and the foundation of our people's democratic system. As early as the revolutionary base period, Mao Zedong put forward the idea of "congress of workers, peasants and soldiers", the embryonic form of people's congress. 1928 he expressed the relationship between the congress of workers, peasants and soldiers and the government (committee) of workers, peasants and soldiers in the article "The struggle in Jinggangshan", arguing that "there is no executive committee on which the congress depends &; Hellip& amphellip is often divorced from the opinions of the masses, and the representative meeting is not a temporary election organ of the executive Committee, but should have real power. [16] in terms of the organizational form of the political power in the liberated areas, he also called for the establishment of people's congresses at all levels in the liberated areas to make them the organs of power of the local people. "Only a people's congress based on the real will of the broad masses is a real people's congress. Once a people's representative meeting like & amphellip& amphellip is established, it should become an organ of power of the local people, and all due power must belong to the representative meeting and its elected government Committee. " ?
Mao Zedong's thought of people's political power is directly reflected in the provisions of the May 4th Constitution on organs of state power. After the May 4th Constitution was promulgated, a systematic and complete system of state power was established according to the provisions of the Constitution. 1954 After the Constitution was formally adopted on September 20th, on September 27th, the first session of the First National People's Congress elected Mao Zedong as Chairman People's Republic of China (PRC) and Zhu De as Vice Chairman. On the same day, the meeting elected the members of the first NPC Standing Committee. On September 28th, the first session of the First National People's Congress also elected the Ethnic Affairs Committee, the Bills Committee, the Budget Committee and the Credentials Committee. Through the above-mentioned election activities, the system of the highest organ of power based on the Constitution was basically established, and the highest organ of power stipulated in the Constitution obtained the constitutional status. On the same day, according to the nomination of President People's Republic of China (PRC), the first session of the First National People's Congress adopted the list of members of the National Defense Commission of People's Republic of China (PRC), and decided and elected the new President the State Council, President the Supreme People's Court and President the Supreme People's Procuratorate. Since the establishment of the first NPC Standing Committee, it has performed its duties in accordance with the provisions of the Constitution and made positive work for the implementation of the Constitution. According to statistics, the first NPC Standing Committee held 1 10 meeting; The 2nd NPC Standing Committee held137th meeting, and the 3rd NPC Standing Committee held 33rd meeting.
The May 4th Constitution also provided a unified constitutional basis for the legal system construction in this period. On September 26th, the First National People's Congress passed the Resolution of the First Session of the First National People's Congress of People's Republic of China (PRC) on the Continued Implementation of the Existing Laws and decrees in People's Republic of China (PRC), which is the first legally binding normative document on the effectiveness of the Constitution, laws and decrees in New China, setting a unified standard for the legislative basis. The first session of the First National People's Congress also passed many important laws, such as the "Five Organic Laws", which played a positive role in the stability and development of the newly established state power system. 1955 at its17th meeting, the NPC standing Committee adopted the resolution on legal interpretation, which concretized the power of interpretation of the NPC standing Committee stipulated in the constitution, determined the conditions and scope of interpretation, and endowed the court with a certain degree and scope of interpretation power, providing a legal basis for the Supreme People's Court to exercise judicial interpretation power. The National People's Congress also stipulated the power of the Standing Committee to formulate separate laws and regulations in the form of authorization, which was the first legislative authorization after the promulgation of the Constitution. The legal system construction in the early days of People's Republic of China (PRC) played an important role in consolidating the people's democratic dictatorship, eliminating the remnants of counter-revolution, stabilizing social order, restoring and developing the national economy and various new-democratic reforms.
After the establishment of the people's congress system, the basic political system in China, the administrative system, judicial system, military system, head of state system, regional ethnic autonomy system and local system were gradually established, thus forming the basic framework of China's new constitutional system and promoting the construction of national democracy and legal system in the early days of the founding of the People's Republic of China. It can be said that the May 4th Constitution laid the basic framework and development model of China's constitutional system, and its established principles of people's democracy and socialism, the organizational system of central state organs, the relationship between the central and local governments, and the basic rights and obligations of citizens were all inherited by later constitutions.
(B) 54 the basic style of the Constitution and the establishment of the constitutional relationship
1954 Constitution has laid the basic style of China's constitutional code, that is, inclusiveness and practicality. The inclusive basic style of the May 4th Constitution is mainly reflected in the following aspects:
First, the participants in the May 4th Constitution are diverse. Whether in the process of drafting the draft constitution or in the discussion of the first draft constitution, people from different social classes participated in the constitution-making process, including political elites, intellectuals and ordinary workers and peasants.
Second, the May 4th Constitution was formulated under different constitutional cultures in China and the West. This is mainly reflected in the different study backgrounds of the members of the Constitution Drafting Committee. Of the 33 members of the Constitution Drafting Committee, at least 2 1 member has been to countries such as the Soviet Union, the United States, Germany, Japan or France. For example, Zhu De studied in Germany and the Soviet Union. Shen Junru and Dong both went to Japan to study law. Soong Ching Ling studied in the United States; Li Liuxue is in the Soviet Union and France.
Third, the content of the May 4th Constitution is inclusive and open. The May 4th Constitution not only draws lessons from the constitutional experience of socialist countries, but also refers to the constitutional system of western capitalist countries and some traditions of the old China Constitution in terms of the establishment of the basic constitutional concept, the arrangement of the constitutional system, the constitutional structure and the constitutional language, all of which embody the inclusive basic style.
On the basic constitutional relationship, the May 4th Constitution retains the characteristics of China culture, and tries to combine local experience with international experience reasonably. 1954 Constitution establishes the basic relationship of China's constitution, outlines the mutual relationship among the state, society and individuals in the constitutional relationship, and forms "China Thought" and "our national characteristics" in the constitutional system (report on the draft constitution of Mao Zedong). The basic categories and adjustment fields of adjusting constitutional relations are established, namely, the relationship between the state and citizens, the relationship between the state and state organs, the relationship between state organs and various enterprises and institutions, and the status of state organs. The so-called five-plate model of constitutional relations began with 1954 Constitution.
The May 4th Constitution has established a good international image. The establishment of the New China has had an important impact on the international relations of the Oriental Group. In the pattern of international relations in 1950s, the model adopted by China's Constitution, especially the institutional arrangement, had a certain influence on the international community's evaluation of the socialist system. The May 4th Constitution contains the principle of consolidating international solidarity. Some scholars pointed out that the preamble of the May 4th Constitution pointed out the fundamental principle of China's striving for the lofty goal of world peace and people's progress in international affairs, and pointed out that China will continue to develop and consolidate its unity with the socialist countries headed by the Soviet Union and the peace-loving people all over the world. This strengthening of international solidarity is an indispensable condition for China's socialist cause. At the same time, this principle of consolidating international solidarity is also conducive to the May 4th Constitution to establish a good international image.
In his report on the draft constitution, Liu Shaoqi specifically talked about the possible international influence of the constitution, pointing out that "China's constitution stipulates China's basic policy in international affairs, which is to strive for the lofty goal of world peace and human progress". On the other hand, Mao Zedong said: "After the publication of the draft constitution, will it have an international impact? In the democratic camp and in capitalist countries, it will have an impact. "
An important way for the Constitution to exert its international influence is through the publication of translated texts. As early as before the formal adoption of the 54 Constitution, the publishing institutions in charge of the government had organized manpower to raise funds for its translation. 1955, then foreign languages press published the English, French, Russian, German and Japanese versions of 1954 Constitution, and before that, the English version of 1954 Constitution had been prepared for a rainy day. The 50th Anniversary of China Foreign Languages Bureau records that 1954 June, the English version of People's Republic of China (PRC) Constitution (Draft) was completed, which was broadcast by Xinhua News Agency that night.
The constitution of 1954 has also been recognized and praised by all countries in the world. For example, Australia's Guardian praised the 54 draft constitution; [19] Soviet newspapers [20], Labor News and Democracy News of North Korea, People's Tribune of Poland, Workers' Cause of Bulgaria, Red Right of Czechoslovakia, Pravda of Mongolia, Voice of the People of Albania, etc. all published articles praising the 54 Constitution. For example, Chosun Rodong Sinmun commented on the Constitution of People's Republic of China (PRC): "The adoption and promulgation of the Constitution of People's Republic of China (PRC) is not only a historic victory for the people of China, but also a major event of international significance. It clearly pointed out the direction of struggle against the oppression and exploitation of feudal imperialism and get rid of slavery and poverty forever for the people of all colonies and dependent countries. " "Every article in the Constitution of People's Republic of China (PRC) embodies the will of the 60 million people in China. People's Republic of China (PRC)'s Constitution embodies the lofty spirit of internationalism. People's Republic of China (PRC)'s foreign policy of establishing and developing diplomatic relations with any country based on the principles of equality and mutual benefit and mutual respect for sovereignty and territorial integrity not only conforms to the requirements of the China people for peaceful construction of the motherland, but also fully conforms to the common aspirations of peace-loving people all over the world. " The Polish People's Tribune commented that the Constitution of People's Republic of China (PRC) "is of great significance not only to China, but also to the world." Czechoslovakia's Red Right published an editorial saying that the Constitution of People's Republic of China (PRC) embodies the long-term aspirations of the China people, because it records the achievements of the China people's long-term struggle and embodies all the fundamental changes caused by the victory of the China people's revolution. At the same time, this constitution is also a historic document with international significance. Mongolian Pravda published an editorial saying: "The historic adoption of the Constitution of People's Republic of China (PRC) has guaranteed the great achievements of the people's revolution in China. At the same time, the adoption of the Constitution of People's Republic of China (PRC) is also a major event of world significance. The achievement of millions of people in China are great, and that adoption of their own constitution by the people of China is also a great event for all mankind. "
1954 the spirit of the times embodied in the constitution
Deviate from 1 and the spirit of the May 4th Movement and undermine the constitutional order.
At the beginning of the May 4th Constitution, the state basically followed its established systems and procedures, and the Constitution was well respected. After the goal of building socialism is confirmed by the constitution, it becomes the legal goal of the country and has the legal effect of being followed as a whole. Generally speaking, "the implementation of this Constitution in the 1950s and early 1960s was relatively good." [22] However, since the late 1950s, with the increasingly serious errors in the Party's "Left" guiding ideology, the anti-rightist struggle, the Great Leap Forward and the people's commune movement have been continuously carried out, the objective laws of economic work have not been respected, and the class struggle existing in socialism has been expanded and absolutized politically and ideologically, which has seriously undermined inner-party democracy and people's democracy, and also seriously undermined the unity of the socialist legal system. The May 4th Constitution was written in a few words, and its status existed in name only. This situation developed to the extreme, that is, the comprehensive revision of the May 4th Constitution from 65438 to 0975 and the ten-year Cultural Revolution.
The revision of the May 4th Constitution took the path of abrupt and comprehensive revision. The Seventh Five-Year Constitution completely deviates from the original intention of the May 4th Constitution, and contains many unscientific provisions, which is a denial of the spirit of the May 4th Constitution and a manifestation of the fundamental law that makes the May 4th Constitution vacant. This constitution deviates from the basic spirit of the May 4th Constitution in its basic value orientation, and there is a fundamental contradiction between the inherent requirements of the essence of socialism and its specific content. For example, in terms of guiding ideology, the basis of the seventh five-year constitution is the theory of continuing revolution under the dictatorship of the proletariat. In the aspect of constitutional norms, the scientific content determined by the May 4th Constitution has been unrealistically adjusted, and many contents that violate the objective law of development have been stipulated. For example, it is stipulated that "culture and education, literature and art, sports and scientific research must serve proletarian politics, workers, peasants and soldiers, and must be combined with productive labor", and the freedom of "speaking freely, debating and speaking, and writing big-character posters" is seriously lacking in scientific norms and institutional basis for realization. Judging from the procedure of amending the Constitution, the Seventh Five-Year Plan Constitution also has serious defects. For example, the deputies to the First Session of the Fourth National People's Congress who passed the constitutional amendment were not elected, but were elected through consultation, which led to a weak foundation of public opinion representative organs. In fact, after the promulgation of the May 4th Constitution, the basic political system of the newly established people's congress system has not been fully implemented, and the advantages of the system have not been fully brought into play. Especially since the anti-rightist struggle expanded in the second half of 1957, this fundamental political system has gradually divorced from the constitutional process. For example, judging from the term and duration of the people's congress, the term of office of the Third National People's Congress ranged from 1964 to 12 to 1975, and it only met once every ten years. [23] Correspondingly, the terms of office of other state organs and their members will also be extended. In the exercise of legislative power, the National People's Congress and its Standing Committee, which have national legislative power, have been unable to exercise legislative power according to procedures for a long time, and some basic laws urgently needed in real life have not been formulated. After the expansion of the anti-rightist struggle, due to the lack of protection of personal rights, deputies to the National People's Congress are cautious in their speeches and deliberations at various meetings of the National People's Congress, and dare not express their opinions boldly, let alone talk lightly about political and legal issues. In addition, in the process of revising the May 4th Constitution, the revision procedures stipulated in the May 4th Constitution were not strictly observed, and the central government was directly responsible for the whole revision work. Even the drafting committee for amending the Constitution was decided by the Central Committee without going through the constitutional procedure. [24] Some scholars have pointed out that the Constitution of 1975 takes the "Four Exists" and the "basic line" that class struggle talks about every day as the guiding ideology, and directly makes many slogans and policies in "_" into provisions, with simple content, without the Secretary-General, the State Council or procuratorates at all levels in the country. There are only 30 provisions in the whole constitution except the preface, so [25] Although the Seventh Five-Year Constitution partially inherits the May 4th Constitution in structure, content and principle, its basic concepts and content system just deviate from the spirit of the May 4th Constitution and become a constitution that reflects "Left" errors and serious problems. In the history of new China's constitutional development, the Seventh Five-Year Constitution did not play a substantial role in promoting it, but existed as a political symbol in a specific period.
2. The revival of the spirit of the May 4th Constitution and the reconstruction of the constitutional order.
The "Seventh Five-Year Plan" Constitution was replaced by the "Seventh Eight" Constitution only three years after its implementation. The latter improved the development goals, contents and norms of the Constitution, and restored the principles and contents of the May 4th Constitution to a certain extent, such as setting four modernization development goals, restoring the people's procuratorate in the state institutional system, and stipulating the basic rights and freedoms of citizens on the basis of the May 4th Constitution. The revision of the July 8th Constitution is also based on the constitutional amendment procedure stipulated in the May 4th Constitution, which is justified to some extent. At that time, although "_" had ended, it was not brought out of order in theory, and the Constitution of 1978 was still flawed. In particular, it affirmed the theories of "the fruits of the Cultural Revolution" and "continuing the revolution under the dictatorship of the proletariat", and still stipulated the "four freedoms" that violated the principles of democracy and the legal system. Therefore, the interactive relationship between the state, society and citizens is still distorted, and the state is still in a fairly strong position. The basic idea of protecting human rights and restricting power that the constitution should have has not been fully realized. Therefore, although the "July 8th Constitution" tried to restore some spirits of the "May 4th Constitution" and overcome some mistakes of the "July 5th Constitution", it failed to find an appropriate way to give full play to the constitutional function in the contradiction between concept and reality, and lacked the social foundation for implementation from the very beginning.
1979 the second session of the fifth national people's congress and 1980 the third session of the fifth national people's congress partially revised the 1978 constitution, further restoring the principles and contents of the may 4th constitution. For example, the local revolutionary committees at all levels will be changed to local people's governments at all levels, and the relationship between the superior and the subordinate of the procuratorate will be changed from the original supervisory relationship to the leadership relationship, and the provisions of "speaking, speaking, debating and writing big-character posters" in the Constitution will be abolished.
1982 Constitution is quite thorough and effective in reviving the spirit of the May 4th Constitution. Peng Zhen said in his report on the revised draft constitution of 1982: "This revised draft constitution inherits and develops the basic principles of the constitution of 1954" [26]. From the overall content of the text, the Constitution of 1982 follows some basic systems and principles established by the May 4th Constitution, including the system of people's congresses, the system of regional ethnic autonomy, the United front system, democratic centralism and the principle of equality before the law. , adding new content to the basic rights of citizens. 1982 Constitution basically follows the general orientation of the May 4th Constitution on the nature and functions of state organs, and provides a more comprehensive and extensive basic rights protection model for citizens by enumerating.
From the overall structure of the text, the Constitution of 1982 follows the legislative style of the May 4th Constitution, including the preface and general outline, state institutions, citizens' basic rights and obligations, the national flag and emblem, and the capital, but the order of the second and third chapters is reversed, rationalizing the relationship between citizens and the state. In terms of the specific content of the constitution, the 1982 Constitution also inherited many contents of the May 4th Constitution. For example, the second paragraph of Article 13 of the Constitution of 1982, "The state protects citizens' right to inherit private property in accordance with the law", inherits the provisions of Article 12 of the May 4th Constitution; Article 83 of the Constitution stipulates that "President People's Republic of China (PRC) and Vice-President shall exercise their functions and powers until the President and Vice-President elected by the next National People's Congress take office", which inherits the provisions of Article 54 of the May 4th Constitution. In addition, the 1982 Constitution stipulates that communication secrets are protected by law, citizens have the right to receive state compensation, and citizens have the obligation to pay taxes according to law, which is also the inheritance of the May 4th Constitution. 1982 Constitution continues the text features and internal spirit of the May 4th Constitution, and some important principles have been restored in the new Constitution, and gained new connotations according to the changes of national life. It can be said that, as the inheritance and development of the May 4th Constitution, the revision and implementation of the Constitution of 1982 profoundly contained the contribution of the May 4th Constitution, including the constitutional practice in Socialism with Chinese characteristics today and the wisdom of the framers in that year. From 65438 to 0954, the constitutional practice of New China has been based on the spirit laid by the May 4th Constitution. Despite setbacks, the democratic spirit embodied in the May 4th Constitution has not been destroyed, but has continued to this day through different constitutional amendments, affecting the constitutional practice in China today in a special form.