少妇无码精品23p_亚洲一区无码电影在线观看网站 _悠悠色一区二区_中文字幕亚洲无码第36页

Home / News Type Content Tools: Save | Print | E-mail | Most Read | Comment
Constitutional Amendment: A Look Through Expert Eyes
Adjust font size:

The 13 proposed amendments to the 1982 Constitution of the People's Republic of China have drawn nationwide attention. The volume alone is worthy of note: the number of proposed changes nearly equals those made over three previous rounds of amendments, in 1988, 1993 and 1999.

 

For a closer look at precisely how and why these proposed amendments are capturing so much attention, China.org.cn interviewed Professor Hu Jinguang, a legal studies expert with Renmin University of China, on the theoretical background and profound influence of the constitutional amendment on the development of Chinese society.

 

China.org.cn: The constitutional amendment has been widely regarded as a milestone in China's 25 years of economic reform and is thought to have far-reaching significance to the development of China's market economy in the future. Do you agree?

 

Prof. Hu: That is rather broad. In my opinion, among the 13 amendments, there are certain important points that will exert a significant influence on the nation's future.

 

First, the draft amendment incorporates into the Constitution "the important thought of 'Three Represents.'" The "Three Represents" pay special attention to some subjects beyond those contained in Deng Xiaoping Theory, and serve as an important guideline for the building of the Communist Party of China (CPC). The "Three Represents" have clarified the essential purpose of the CPC, whose building is bound to have far-reaching effects on the country and society. The incorporation of the "Three Represents" into the Constitution is conducive to ensuring that the CPC always represents the development trends of advanced productive forces, the orientations of an advanced culture and the fundamental interests of the overwhelming majority of the people of China.

 

Second, the draft amendment adds the concept of political progress. As was promulgated at the 16th National Congress of the CPC, political progress is underscored together with material civilization and cultural progress to contribute to coordinated development. Since the 16th National Congress of the CPC, in line with the spirit of political progress, the new Chinese leadership proposed some slogans and concepts, such as wielding state power for the interests of the people, or government for the people; promoting the transparency of policy making; and conducting government affairs according to law and regulated procedures.

 

Third, the draft amendment introduces the appellation, "builders of the socialist cause," aimed at correcting the prejudice against private entrepreneurs and individual proprietors. In the past, only workers and patriots were referred to in the Constitution, to some extent excluding this new social group in China. Recognized also as builders of the socialist cause now, naturally they should be included in the Patriotic United Front, and their contribution to the progress, stability and development of society should be equally acknowledged.

 

China.org.cn: What do you see as the highlights of this constitutional amendment?

 

Prof. Hu: Obviously, the most striking is to write human rights protection into the Constitution. This can be seen from several amendments that relate to the issue directly or indirectly. For example, one that directly relates to the issue is the clause about the right to property. As everybody knows, basic human rights comprise three fundamental parts: life, property and liberty. The existing laws of our country also have content relating the protection of property, but they are incomplete and by no means systematic. This amendment emphasizes protection of legal private property to a greater extent.

 

The other section that relates to human rights protection is the proposed clause that adds, "The state respects and protects human rights." The new expression is to be added to Article 33 of Chapter Two of the existing Constitution. In fairness, the 1982 Constitution made a complete statement relating to citizens' basic rights and freedoms. Nevertheless, given the dramatic social progress and further opening of the country, a broader definition of the basic rights and freedoms is talked about among the people.

 

Worth mentioning here is the fact that China joined two human rights conventions: the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights. Thus, it is becoming necessary for China to include these conventions in its domestic laws.

 

In addition, a proposed amendment to the Constitution replaces the wording "state of martial law" with "state of emergency." Essentially, the state of emergency relates to human rights protection. Without a sound mechanism to deal with emergencies, human rights may come under attack.

 
China.org.cn: The draft amendment says that "the state should encourage, support and guide the private sector of the economy, and supervise and manage the private sector in accordance with the law," which has become a focus of public attention. What effects will this amendment have on the development of the private sector?

 

Prof. Hu: Besides the private [jointly owned] enterprises and enterprises run by private citizens, the private sector also includes Sino-foreign joint ventures, cooperative businesses and exclusively foreign-owned enterprises in China. The constitutional amendment shows that since the reform and opening policy was adopted, the state has gradually realized the significance of the private sector to social development. The role of the private sector has changed from the original "complement to the public economy" as indicated in the 1988 amendments to the current Constitution, to an "essential part of the socialist market economy" in 1999. The draft amendment now proposes a supporting policy to help develop the private sector.

 

China used to guide, supervise and manage the private sector; under the draft amendment, the state will encourage and support the development of the private sector, while supervising and managing it according to law.

 

Then why does the draft amendment suggest in particular the state should encourage and support the private sector? The main reason lies in previous restrictions imposed on the development of the private sector due to traditional modes of thinking. For instance, in the past the private sector was restricted within certain limits in loan grants, taxation, imports and exports.

 

If the draft amendment is passed, a newly adopted supporting policy will give great impetus to the development of the private sector.

 

China.org.cn: The draft amendment also says "legal private property is not to be encroached upon," adding that "the state should protect private property and inheritance rights according to law," and "has the right to expropriate and requisition private property for the interests of the public in accordance with the law, and give compensation." What is the significance of these amendments?

 

Prof. Hu: These are of great significance. Although the 1982 Constitution stipulates the ownership of lawful income and lawful property, its provision is very simple and defects exist in certain aspects.

 

The first defect has to do with the concept of private property or right to private property. The existing Constitution includes the protection of private property in its General Principles instead of in the Fundamental Rights of Citizens. The amendment, however, clearly puts forward the concept of private property as a right and defines it as a fundamental right of citizens.

 

Second, the existing Constitution says that the state protects the right of citizens to own lawfully earned income, savings, houses and other lawful property, while the proposed amendment changes ownership into the right to private property. The two expressions have different connotations. Ownership is just an important element of the private property right. Besides ownership, a citizen enjoys other rights to his or her property, such as the right to possess, the right to use and the right to profit.

 

The third defect is related to the requisition of individuals' private property. The existing Constitution allows requisition of such property, but has no provision for compensation. Protection of a citizen's property should be a complete system. When the right to property suffers from encroachment or loss, economic compensation is a significant aspect of protection. Without compensation, property protection is incomplete. Compensation is vital to safeguarding the rights of citizens and social stability. The proposed amendment states that some properties of individual citizens may be expropriated or requisitioned in time of emergency, but the state will give appropriate compensation.

 

China.org.cn: The draft amendment changes the term "martial law" in Articles 67 and 89 of the existing Constitution into "state of emergency". What is the difference between the two terms? Why is it necessary to make such a change?

 

Prof. Hu: The enforcement of martial law referenced in the existing Constitution applies to three situations: riots, violence and conflicts. It is a state of control by military force in abnormal circumstances that involve military forces, violence or which are harmful to social order. But in reality, we are confronted by many other circumstances besides the types martial law targets, for instances, the SARS epidemic last year and bird flu this year. In these two cases, we could not enforce martial law in order to control the situation. "State of emergency" has a wider scope of application than "martial law," and therefore meets the needs of contemporary life. There is also a conceptual change from the "enforcement of martial law" to the "state of emergency." "Martial law" reminds people of the role by military forces while "state of emergency" gives the impression of finding a solution within the framework of a democratic system.

 

What's more, under a state of emergency, the state has to take extraordinary measures to handle urgent issues in order to restore social order. During the process, some provisions of the Constitution and other laws will probably stop working, which will accordingly affect the rights of citizens. For instance, in a state of emergency, citizens will lose the right to demonstrate that they usually have in accordance with the Constitution; when quarantine is required, the freedom of citizens will be restricted. When the state of emergency is legalized, there will be a clear-cut definition as to what rights of citizens are suspended and what rights of citizens can continue to be exercised under the state of emergency. The state of emergency clause is a powerful guarantee of human rights.

 

China.org.cn: Why is the term of office of grassroots People's Congresses extended from three to five years?

Prof. Hu: Two reasons. First, it facilitates consistency between the central and local levels when the election of People's Congress deputies is involved. Second, the term of office of the People's Congresses at the township, ethnic township and town level is too short. The deputies often have to face reelection when they've just gotten familiar with their work during their term. They are possibly being restricted from giving full play to their roles and capabilities. This does not help the work of grassroots People's Congresses. It also results in waste of human and financial resources. In my opinion, the amendment is based on consideration of China's reality.

(Professor Hu Jinguang is director of the Research Center for Constitutional Government and Administration by Law of the Renmin University of China, and law adviser for the Policy and Regulation Department of the Ministry of Education. He received his doctorate in 1998.)

(China.org.cn March 13, 2004)
Tools: Save | Print | E-mail | Most Read
Comment
Pet Name
Anonymous
China Archives
Related >>
- Top Legislator: China to Amend Constitution
- Constitution Amendments to Be Discussed
- Biggest Ever Revisions to Constitution
- A Step Further in Guarding Private Property
- Constitution Amending Attracts Public Attention
- Constitution to Be Amended a Fourth Time
- China Moves to Constitutionalize Private Property Protection
- Constitutional Change Marks Ideological Breakthrough
Most Viewed >>
- World's longest sea-spanning bridge to open
- Yao out for season with stress fracture in left foot
- 141 seriously polluting products blacklisted
- China starts excavation for world's first 3G nuclear plant
- Irresponsible remarks on Hu Jia case opposed 
- 'The China Riddle'
- China, US agree to step up constructive,cooperative relations
- FIT World Congress: translators on track
- Christianity popular in Tang Dynasty
- Factory fire kills 15, injures 3 in Shenzhen

Product Directory
China Search
Country Search
Hot Buys
成人a大片在线观看| 国产a免费观看| 精品毛片视频| 欧美另类videosbestsex久久 | 日本伦理网站| 亚洲wwwwww| 日日爽天天| 国产视频一区二区在线观看| 青青久热| 日韩中文字幕在线播放| 麻豆午夜视频| 亚欧视频在线| 久久精品成人一区二区三区| 国产原创视频在线| 免费的黄视频| 精品在线免费播放| 国产成人精品综合久久久| 一级毛片视频免费| 毛片高清| 国产不卡在线观看视频| 99色视频在线| 亚洲女人国产香蕉久久精品| a级黄色毛片免费播放视频| 二级片在线观看| 麻豆网站在线看| 日韩女人做爰大片| 999精品影视在线观看| 青青青草影院| 91麻豆tv| 中文字幕97| 成人影院久久久久久影院| 亚飞与亚基在线观看| 麻豆系列 在线视频| 国产网站在线| 欧美国产日韩在线| 国产91视频网| 二级片在线观看| 色综合久久手机在线| 国产成人精品一区二区视频| 97视频免费在线观看| 亚洲 激情| 欧美18性精品| 久久精品大片| 久久福利影视| 99久久精品国产高清一区二区| 国产不卡高清| 欧美a级片免费看| 欧美爱色| 久久99这里只有精品国产| 日本免费乱人伦在线观看| 国产网站在线| 色综合久久天天综合| 国产a免费观看| 亚洲天堂一区二区三区四区| 欧美大片aaaa一级毛片| 四虎久久精品国产| 成人免费福利片在线观看| 二级片在线观看| 欧美激情影院| 日本伦理网站| 欧美a级片免费看| 午夜在线亚洲男人午在线| 中文字幕一区二区三区 精品| 台湾美女古装一级毛片| 成人免费观看网欧美片| 日韩在线观看免费| 麻豆网站在线看| 黄色短视屏| 午夜家庭影院| 亚洲天堂免费| 日韩avdvd| 国产一区免费观看| 久久精品成人一区二区三区| 精品久久久久久中文字幕一区| 天天做日日爱夜夜爽| 美国一区二区三区| 欧美a级片视频| 国产伦精品一区三区视频| 一级片免费在线观看视频| 999精品在线| 日本伦理网站| 999精品影视在线观看| 国产91丝袜高跟系列| 亚洲第一页乱| 九九久久国产精品大片| 日韩专区亚洲综合久久| 久久国产一久久高清| 久久99爰这里有精品国产| 国产一区精品| 精品国产香蕉在线播出| 二级片在线观看| 可以在线看黄的网站| 国产一区二区精品久久91| 在线观看成人网| 色综合久久手机在线| 日韩欧美一二三区| 国产a一级| 国产精品1024在线永久免费 | 国产网站免费| 黄色免费三级| 九九九国产| 好男人天堂网 久久精品国产这里是免费 国产精品成人一区二区 男人天堂网2021 男人的天堂在线观看 丁香六月综合激情 | 国产成a人片在线观看视频 | 色综合久久久久综合体桃花网| 国产一区二区福利久久| 国产成人精品综合在线| 天堂网中文在线| 美女免费精品高清毛片在线视| 麻豆污视频| 国产麻豆精品高清在线播放| 欧美爱爱动态| 国产综合91天堂亚洲国产| 久久成人性色生活片| 成人高清视频在线观看| 999精品在线| 香蕉视频久久| 成人影院久久久久久影院| 久久国产精品只做精品| 精品国产一区二区三区久| 国产视频一区二区在线观看| 一级毛片视频播放| 日韩中文字幕在线亚洲一区| 欧美激情伊人| 国产韩国精品一区二区三区| 国产一区二区精品久| 可以免费看污视频的网站| 欧美18性精品| 精品视频一区二区三区| 国产视频一区二区在线播放| 免费毛片基地| 国产高清视频免费观看| 黄色福利片| 精品久久久久久综合网| 一本伊大人香蕉高清在线观看| 国产伦精品一区二区三区在线观看 | 日韩在线观看免费| 欧美国产日韩精品| 国产视频一区在线| 中文字幕97| 午夜激情视频在线播放| 精品国产一级毛片| 欧美一区二区三区在线观看| 精品国产一级毛片| 尤物视频网站在线观看| 精品视频免费观看| 国产一区二区精品在线观看| 可以免费看污视频的网站| 天天做人人爱夜夜爽2020毛片| 国产网站麻豆精品视频| 久久99这里只有精品国产| 精品久久久久久中文字幕一区| 99久久精品国产片| 国产伦理精品| 日韩av成人| 九九九在线视频| 好男人天堂网 久久精品国产这里是免费 国产精品成人一区二区 男人天堂网2021 男人的天堂在线观看 丁香六月综合激情 | 精品国产一区二区三区国产馆| 日日夜人人澡人人澡人人看免| 成人免费观看视频| 美女被草网站| 亚洲精品中文一区不卡| 国产网站免费在线观看| 精品视频一区二区三区| 精品在线视频播放| 九九热国产视频| 99色视频在线观看| 国产网站免费在线观看| 一级毛片看真人在线视频| 国产不卡福利| 中文字幕一区二区三区 精品| 亚洲精品影院| 91麻豆精品国产片在线观看| 免费的黄视频| 97视频免费在线| 欧美国产日韩一区二区三区| 色综合久久天天综合绕观看| 在线观看导航| 精品国产一区二区三区久 | 四虎影视久久| 国产一区二区精品尤物| 久久国产精品自由自在| 午夜久久网| 日韩在线观看免费完整版视频| 成人高清免费| 日本伦理片网站| 国产不卡在线播放| 色综合久久天天综合| 高清一级毛片一本到免费观看| 免费国产一级特黄aa大片在线| 欧美a免费| 久久久久久久久综合影视网| 国产视频一区二区在线观看| 亚洲天堂一区二区三区四区| 一级女性全黄生活片免费| 久久国产精品自由自在| 尤物视频网站在线观看| 黄视频网站免费看| 天天做日日爱夜夜爽| 亚飞与亚基在线观看| 国产一区二区精品久|