The Constitutional History Of Modern China

1041 WordsDec 13, 20155 Pages
As we know, the constitutional history of contemporary China is rather complicated. In 1949, the Chinese People 's Political Consultative Conference adopted a “Common Program” and announced the establishment of the People’s Republic of China. Five years later, in 1954, the first National People 's Congress promulgated the Constitution of the People 's Republic of China. Following the 1954 Constitution, two more Constitutions were erected within four years, respectively in 1975 and in 1978. Another four years later, the current Constitution was eventually approved in 1982. People are often confused about the relationship between the current Constitution and the three former ones, which have not yet been officially repealed. Even the National People’s Congress was ambiguous about this; it simply announced that “The Constitution of the People 's Republic of China is approved by the fifth session of the fifth National People’s Congress on December 4, 2015, and is hereby promulgated.” If the confusion remains, it is almost impossible for us to understand the power that promulgated the current Constitution, let alone its legitimacy. Here’s one popular explanation. Some scholars have argued that the last three Constitutions, including the current one, should be regarded as complete and comprehensive amendments to the first 1954 Constitution, and the legitimacy of the current Constitution should therefore be traced back to the 1954 Constitution. However, the explanation faces a
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