The People’s Republic of China which. as said before. contains 138 articles distributed in four chapters. is a written papers that despite the fact that is non one of the longest fundamental laws. it stipulates the basic rules of the Chinese country’s political and societal systems. and it occupy a place of supreme legal and well-thought-of authorization. In order to cover with this papers we have to understand its particular characteristics that correspond with the necessity of the building of a modern socialist China. Among all this articles. there are some of them that stand out due to their distinctive feature and singularity. merely found in this model fundamental law.
Most of them are related to the civilization. traditions and system of China. what allow us to hold cognition of this unbelievable civilisation with such a long history. Get downing with the first chapter of the fundamental law. in which the general rules are reflected. it is of import to foreground the Article 4. All nationalities in the People’s Republic of China are equal. This article can be considered really particular as it recognizes the equality of all the minority nationalities of the immense state. which are distributed all over the Chinese district. every bit good as their liberty and protection.
This fact is really of import because non all the states allow the coexistence of many groups of nationalities and assist them to better their state of affairs as China does. every bit good as protect their civilization and linguistic communication and acknowledging them portion of the People’s Republic of China. In this article it is said that “Discrimination against and subjugation of any nationality are prohibited” . “The people of all nationalities have the freedom to utilize and develop their ain spoken and written linguistic communications. and to continue or reform their ain ways and imposts. ”
In add-on to this. the Article 36: Citizens of the People’s Republic of China enjoy freedom of spiritual belief ; this means that the province enable the population of China to take and to exert their ain faith as it is said. but “No one may do usage of faith to prosecute in activities that disrupt public order. impair the wellness of citizens or interfere with the educational system of the province. ” After acknowledging the equality of these minorities and the freedom of every citizen to fall in any faith and to pattern it. Chinese Constitution arrange in the Article 122: “The province gives fiscal. stuff and proficient aid to the minority nationalities to speed up their economic and cultural development. ”
Therefore. it is mandatory for the province of China to guarantee the development of these minorities within the state. so it can non be oppressive with these nationalities. It is important to speak about the Article 5: The People’s Republic of China governs the state harmonizing to jurisprudence and makes it a socialist state ruled by jurisprudence. in which it is recognize that Constitution is the highest authorization in the state. an premise that allows us to understand the sort of political system that regulations the state. set uping the thought of esteeming the regulation of jurisprudence. because. as said in the article. “
All province variety meats. the armed forces. all political parties and public organisations and all endeavors and establishments must stay by the Constitution and the law” and “No organisation or person is privileged to be beyond the Constitution or the jurisprudence. ” As we know. Chinese Constitution set up a socialist economic system. where the agencies of work and production is owned by the working people of People’s Republic of China. in the Article 6 it is prohibited the “the system of development of adult male by man” . using the rule of from each harmonizing to his ability. to each harmonizing to his work. However. the Article 12 is really curious as good. as it says: “Socialist public belongings is sacred and inviolable. ”
The Constitution obligate the population to esteem the common belongings. as it is our ain belongings shared with the remainder of the citizens. China has ever been well-known by its traditions. particular and alone civilization. Confucianism. faiths. history and so on. That is why in the Article 21. we find the interesting fact that the Chinese province has to advance and develop “modern medical specialty and traditional Chinese medicine” .
In add-on. the Article 22 bases the responsibility of the province to “The province protects sites of scenic and historical involvement. valuable cultural memorials and relics and other important points of China’s historical and cultural heritage. ” The Article 23. “The province trains specialized forces in all Fieldss who serve socialism. increases the figure of intellectuals and creates conditions to give full range to their function in socialist modernization” and the Article 24 “The province strengthens the edifice of socialist religious civilisation through distributing instruction [ … ] The province advocates the civic virtuousnesss of love for the fatherland [ … ] it educates the people in nationalism. Bolshevism. internationalism and communism and in dialectical and historical philistinism it combats the effete thoughts of capitalist economy and feudal system and other decadent thoughts. ”
Therefore. it is of import to foreground the state’s responsibility to protect the unity of the socialist system against any other contrary enemy system that can harm the stableness of the state with other thoughts and patterns that would merely convey destabilization to the state. Traditions. civilization. history and old patterns of China are protected in order to keep the particular personality of the Chinese population. every bit good as the publicity of the love to the Chinese land to guarantee the hereafter of the state in the strong bases in which it was built. to safeguard the integrity of the state. security and honor of the fatherland.
This point is really particular because the publicity of the nationalism and esteem to the fatherland is one of the best ways to make a perfect political. economic and societal state of affairs for the population. along with the public presentation of the military service. These points have to be respected and carried out by every citizen and province. One feature that call the attending of the reader of the Constitution is found in the Article 25. In these article of the first chapter is explained that “The province promotes household planning so that population growing may suit the programs for economic and societal development” .
The household planning policy of China is one of the best policies created for the Constitution that has allowed the state to command the high rate of growing of Chinese population. This policy has besides permitted the state to cut down the harm green goods to the environment. and relieve the economic and societal jobs ; otherwise the turning population of China would hold brought many economic and societal complications to the universe.
Therefore. there was no better policy that could hold been taking to cut down the impact of the growing of the population of the Republic of China. It is interesting to stand out that the Constitution of China is respectful and solidary with aliens. In the Article 32: The People’s Republic of China protects the lawful rights and involvements of aliens within Chinese district. in which is stressed the protection of aliens in China and their duty to stay the Torahs and norms of the state. it besides mention the possibility of “grant refuge to aliens who request it for political grounds. ”
Among the rights and responsibilities of the citizens we find the particular Article 38: The personal self-respect of citizens of the People’s Republic of China is inviolable. Insult. libel. false charge or frame-up directed against citizens by any agencies is prohibited. The Fundamental law does non let the citizens to diss others in order to esteem the unity and self-respect of the population. This is a characteristic that is non found in every fundamental law ; therefore it makes it more typical than others.
The adult females are normally non respected or even mentioned in the Constitution and norms of many states of the universe. It is non the instance of People’s Republic of China Constitution. Within this equality. we find in the Article 49: Marriage. the household and female parent and kid are protected by the province. the protection guarantee by the province of the household. In Confucianism the senior people. adult female and kid are said to be protected and respected no affair what.
Therefore. the Fundamental law of China following the Confucianism thoughts. in the article 49 besides set up that “Maltreatment of old people. adult females and kids is prohibited” and that in order to protect the unity of the household “Parents have the responsibility to rise up and educate their kids who are bush leagues. and kids who have come of age have the responsibility to back up and help their parents. ” . so that seniors and the young person is ever under the protection of their household. One of the most unusual and particular article of the model Fundamental law of the People’s Republic of China is the Article 41.
Citizens of the People’s Republic of China have the right to knock and do suggestions to any province organ or functionary. It is really interesting. because. as we know. China is a state in which the will of working population is the 1 which has to be carried out by the authorities and in the instance that citizens find out that some undertaking or norm is non accomplish or respected. they “have the right to do to relevant province variety meats ailments and charges against. or exposures of. misdemeanor of the jurisprudence or delinquency of responsibility by any province organ or functionary” and besides. if the citizens involvements were damaged by this actions. in the article is said that “Citizens who have suffered losingss through violation of their civil rights by any province organ or functionary have the right to compensation in conformity with the jurisprudence. ”
The people of the Republic of China have their rights such as the freedom of faith. assembly. imperativeness and address among others. However. those rights have to be exercising in the right manner. so none of the citizens may conflict any article of the Constitution or act against the rights and freedom of other Chinese citizens. or even worse. against the involvement of the province. As said in the Article 51: “The exercising by citizens of the People’s Republic of China of their freedoms and rights may non conflict upon the involvements of the province. of society and of the collective. ”
It is of import to remind to the citizens that. despite the fact that they have and can exert their rights of persons ; they can non do unstable the corporate integrating. State’s involvements must be respected. Besides. rights are non heaven-given ; they are regulated and given by the province and by jurisprudence. so as province give those rights. persons of the corporate must avoid deformation of the involvements of the province. When it comes to political issues. the People’s Republic of China Constitution is really clear. but it has some facets that make it more particular.
The Article 79: “The President and Vice-President of the People’s Republic of China are elected by the National People’s Congress. ” set up that those citizens that have the right to vote and hold the capacity to stand for election when they are 45. can be elected as President or Vice-President of China by the National People’s Congress. but they can non function more than two footings.
Furthermore. it is interesting to stand out the being of the procuratorates in the authorities of China. as explained in the Article 129: “The people’s procuratorates of the People’s Republic of China are province variety meats for legal supervising. ” But what do they make? They exercise their procuratorate’s authorization over instances jeopardizing province and public security. damaging economic order and infringing citizens’ personal and democratic rights. and other of import condemnable instances. They exercise their ain authorization harmonizing to jurisprudence. independent of intervention from any administrative organ. civic organisation or person.
It is undoubtable that the People’s Republic of China Constitution has a batch of really particular characteristics that make it one of the most accurate fundamental laws to be applied to a specific district as China. Although it is a brief fundamental law. it lays down in sufficient inside informations. and all this alone features along with the remainder of the articles create a flexible supreme jurisprudence. in which rights and responsibilities are reflected every bit good as the chief political. economic and societal policies of the working category that are carried out by a democratic centralist authorities in a inviolable socialist system. absolutely structured to stay integral for the future coevalss of China.
