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Constitution of the People’s Republic of China

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In 1978, after the death of Mao Zedong, the economic transition of China was initiated. In the same year, a third Constitution had founded the provisions of the constitution of 1954. A new constitution was promulgated in 1982; and subsequently, it was amended in 1988, 1993, 1999 and 2004. The institutional organization of the Chinese State was made, so as to formulate the unit of the State and to give the capacity to the people via a parliamentary mode with preeminence for the legislative power. But the above mentioned practice made it possible to perceive a real shift between the texts and the practice because the role of the Communist party remained preeminent and restricted the freedom of the people. So, it is interesting to see how this State asserted the thought of Mao Zedong and how the fundamentals of Marxism-Leninism was organized on the institutional and political levels.
It will be necessary in this part to specify many elements characteristic of Chinese constitutionalism. It will return to the characteristics of this unitary state, between devolution and decentralization of a parliamentary system where the real power does not seem to belong to the National People's Congress, and the separation of powers, which are particularly flexible.

The Chinese state, between devolution and decentralization - A unitary state is a state on its territory, and for the people living there, there is only one political and legal organization. However, China has understood, like other countries, that it is necessary to introduce corrections, as a unitary state cannot function properly without those decisions that are made locally. The Constitution is, however, very short on details of the nature of the state. One cannot simply interpret.

However it is clear that the state is unitary, one can see from the first article, where there is no question of the nature of the state. In the constitution of a federal state it is stated in the earlier articles that the state is composed of federated states. In the Chinese Constitution it is not the question. Article 2 / 2, however, tells us the contents of the power of the provinces, "the organs through which the people exercise state power are the NPC and local people's congresses at various levels."

Article 59 / 1 states that "the NPC consists of deputies elected by the provinces, autonomous regions and municipalities directly under the Central Government and the armed forces. National minorities should all be represented in an appropriate proportion. "The fact that it is clear that the provinces, regions and municipalities are under the Central Government, proves that it is a unitary state?.

The mechanism of devolution is to exercise the attributes of the state by the authorities appointed by it and distributed across the country. These authorities always act on behalf of the State. They exercise their powers under the authority and control of the state.

Article 3 provides that: "The state organs of the People's Republic of China operate on the principle of democratic centralism. The NPC and local people's congresses at various levels are elected democratically, they are accountable to the people and submit to its control.

Tags: unitary state, principle of democratic centralism, mechanism of devolution

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