法学课程专业必修课.docxVIP

Constitution 1.overview Situated at the highest level, China’s constitution fundamentally differs from other kinds of laws in forms, contents and legal effects. As the basic charter, it mainly deals with the nature of the state, the state structure, the form of the government, citizen’s fundamental rights and obligations and the state organs. 1.1 sources of the law As a written law country, the 1982 constitution and 17-clause amendments adoted in 1988,1993 and 1999 are the primary sources of the constitution. In addition, China has also adopted about 30 constitutional laws, mainly relating to the powers of the state and the basic rights of the citizen. The role of constitutional customs is not ignorable. Category of sources typical examples Constitutional code 1982 constitution Constitutional amendments 17 clauses of amendments Constitutional acts state powers and citizen’s rights Constitutional customs 1.2 supremacy of the constitution As the fundamental charter of the state, the supreme authority of the constitution is reflected in its contents, validity and amending procedures. Its supremacy is reflected in three aspects: (1) what the constitution concerns above all are fundamental issues of the state; (2) it serves as the basis of enacting all others laws and regulations. Any laws contravening the constitutional provisions are null and void; (3) the procedures of adopting and amending it are far more stringent and cautious than any other laws and regulations. 1.3 judicial applicability It is universally accepted that the constitution is legally binding. 2. nature of the state The nature of the state is determined by each country’s political, economic and cultural backgrounds. 2.1 class attribution 2.1.1 people’s dictatorship From the perspective of the political and class attribution, China is a country of people’s dictatorship. This dictatorship combines the democracy among people and