1.characteristic of constitution characteristic of constitution on the content, stipulating the...

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1.characteristic of constitution compared with the ordinary law stricter on the procedure of drawing up and amending constitution legal validity a foundation of an ordinary law with supreme legal validity on the content , stipulating the basic principles of one country's social system and state system Characteristic of constitution

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Page 1: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

1.characteristic of constitution

compared with the ordinary law,

stricter on the procedure of drawing

up and amending constitution

legal validity,a foundation of

an ordinary law ,with supreme legal validity

on the content , stipulating the

basic principles of one country's

social system and state system

Characteristic of constitution

Page 2: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

2. special procedure of amending constitution

special procedureof amending constitution

proposition pass

Standing committeeof the National

People’s Congress

more than 1/5 of thedeputies to the National

People’s congress

more than 2/3 of allrepresentatives of

National People’s Congress

Page 3: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

3. " Bill of Rights "of 1689 years of Britain

“Bill of Rights” of1689 years of

Britain

the most importantConstitution

document in Britain’s history

the victory of the Britain’s bourgeois

revolution

establishment of thedemocratic systemof British capitalist

class

Page 4: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

4. " Declaration of Independence " of 1776 years of U.S.A.

establishment of bourgeois democracy

republicanism

establishing " Separation of the

three powers " of political system

first written constitution in the world

" Declaration of Independence "

of U.S.A.

Page 5: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

5." Declaration of Human Rights " of 1789 years of France

“Declaration of Human Rights”

of France

the first constitutionof France takingIt as preamble

This written Constitution was

announced firstly on continental Europe.

It stipulated implementing

monarch’sconstitutionalism

In France.

Page 6: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

6. first socialist constitution in the world

• (1) “ Union‘s socialist republic’s constitution of Russian Soviet ” which Su Russia announced in 1918.

• (2) It marked the birth of the new socialist type constitution in the history of mankind.

Page 7: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

7. "Interim provisional constitution of the Republic of China " of 1912

“Interim provisionalconstitution of theRepublic of China”

announced by theprovisional government

of Naming headedby Sun Yet-Sent

the constitutional document of capitalistclass, with progressive

meaning in history

the only one of constitutional government

of our country inmodern history

Page 8: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

8." Common program " of 1949 of our country

“Common program”Of 1949

needing a fundamentallaw urgently at that

time, but made underthe insufficient condition

It was a guiding principle during

building new China, with the interim

constitutional function.

The constitution of 1954was a first socialist-type

constitution of ourcountry.

Page 9: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

9.Current constitution of our country: constitution of 1982

• (1) It was made up by the preamble , the general principles, citizen's basic right and obligation , state institution and national flag , national emblem , capital four chapters.

• (2) amending constitution of 1988 , 1993 , 1999 and 2004

Page 10: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

10.National nature of our country

• (1) National nature , or called regime nature and " the state system ", refers to the class nature of the country.

• (2) The state system of our country is a system of people's democratic dictatorship.

Page 11: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

11. System of people's democratic dictatorship

the worker-peasant

alliance

democracy linking Dictatorship to enemy

lead by the working class

System of people's Democratic dictatorship

Page 12: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

12. form of regime in our country

• (1) The form of regime , a basic political system and called " the form of

• government ", means the ruling class how to organize the organ of state power and how to realize it.

• (2) The People's congress system is the form of regime in our country.

Page 13: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

13. Characteristic of the People's congress system

reflecting the wholenational life and

the overall picture of our country

a source of the state power

of our country

concrete embodiment that the people

are the masters of their own country

Characteristic of the People's congress

system

Page 14: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

14. Electoral system of our country

ensuring the voter's election right from the

material and in law

Representatives are responsible for the voter or the former electoral unit , and supervised by them.

secret ballot, trusting others to vote in the

specific situation

Direct election and indirect

election used simultaneously

Equal: one vote in an election

for every voter

Universality: The Chinese citizens over 18 years old all have the right

Electoral system

of our country

Page 15: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

15. State structure form of our country

Our country adoptsSingle form of

State structure.

It is objectively determined by the

composition and thedistribution of

nationality.

It is the inevitable

outcome of nationalrelation in history.

the requirement forthe various

nationalities’ common development and common prosperity

needs of safeguarding

unification of themotherland andnational unity

Page 16: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

16. System of regional national autonomy of our country

The organ of self-government also

has other kinds of power besides

autonomy.

Various nationalities should have

representatives of proper numbers.

The citizen, who ruled by regional

national autonomy , can serve as the director of organ

of self-government.

The organ of self-government is

the National People's Congress and government

in the national autonomous areas.

They are inalienable

parts of China.

It is implemented where the ethnic

minorities live.

System of regional national

autonomy

Page 17: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

17. Economic system of our country

Distribution system: Distributing according to work is the main body, with other kinds of distribution

coexisting.

Basic economic system: Public ownership is

the main body, with the common development

of other kinds of ownership.

Foundation: The socialist ownership of the means of production, namely ownership by the whole

people and working people's collective ownership

Economic system of our country

Page 18: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

18.Land ownership of our country

The site of a house, family plot and

the plot of hill for personal use,

belonging to collective

Land in the countryside and city suburb:

belonging to collective, besides belonging to

country according to the law

Land of the city: Belonging to

country

Land ownership of our country

Page 19: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

19. Characteristic of the fundamental rights and

duties of citizens in our country • (1)Extent of citizen's right . • (2)Authenticity of citizen's right . • (3)Equality of citizen's right and obligation.

• (4) Consistency of citizen's right and obligation.

Page 20: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

20.Fundamental right of the citizen of our country

• (1)Political right and freedom. • (2) Freedom of religion. • (3) Freedom of action. • (4)Social economic right. • (5) Right and freedom of having culture and being educa

ted. • (6) Women's rights, marriage , family , mother , • child are protected by the country. • (7) Protection of the legitimate rights and interests of ove

rseas Chinese , returned overseas Chinese and relatives of nationals living abroad.

Page 21: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

21. Basic obligation of the citizen in our country

• (1) Safeguard the unification of the motherland and unity of national various nationalities.

• (2)Observe the constitution and law, guard the state secret , respect the social ethics.

• (3)Safeguard motherland security , honor and interests.

• (4)Safeguard motherland, resist invasion,serve in the army and participate in militia accordin

g to the law. • (5)Pay taxes in accordance with the law.

Page 22: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

22. Principle of the democratic centralism

• (1)It is the most important and basic

principle of the activity of government in our country .

• (2)Concerning: Election ,supervise the relation, Leadership and relation of leading,

authority relation of central authorities

and local .

Page 23: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

23. The National People's Congress

• (1)It is a supreme state organ of our country, occupying the supreme status in country.

• (2)The National People's Congress is elected for a term of five years.

• (3)People's congress is hold once every year, convened by the Standing Committee of the National People's Congress

Page 24: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

24. Main functions and powers of the National People's Congress

• (1) Right to amend constitution and supervise the implementation of constitution

• (2)Right to formulating and revising the basic law.

• (3) Election , decision and right of recall of the state leader .

Page 25: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

25. The Standing Committee of the National People's Congress and it’s functions, powers

• (1)Explain the constitution and supervise the implementation of constitution.

• (2) Make and revise other laws except the law made by National People's Congress; Explain the law.

• (3) Determine and stipulate the important problem in national life.

• (4) Authority to supervise. • (5) Power of appointment and removal. • (6) Right to honor others. • (7) Other functions and powers that National People's Co

ngress conferred.

Page 26: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

26.National deputy to the People's Congress.

• (1)Entrusted by people, exercise the envoy of supreme state power in the name of people.

• (2)Receive the supervision of the former electoral unit

• (3)The deputy to the National People's Congress has the right to exercise the right of motions, inquire right in accordance with the law;

• (4)Not permitted by national people's congress presidium , not permitting by the Standing Committee of the National People's Congress during closing in National People's Congress, arresting and criminal justice.

Page 27: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

27.President of the People's Republic of China

• (1)It is an important component of the state organ of our country, is a head of state of our country.

• (2)Elected by National People's Congress, elected for a term of five years, it can't exceed two to hold a post in succession.

• (3)Reach the age of 45 have the right to vote and stand for election , healthy Chinese citizen serve as.

Page 28: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

28.The State Council

• (1)It is the executive organ of the supreme state organ, it is a supreme administrative organ of the country.

• (2)The State Council is made up by Premier, several vice-premiers, several state councillors, every minister, every committee director, auditor-general, general secretary, elected for a term of five years,

• (3)The Premier , vice-premier , state councillor can't exceed two holding a post in succession .

Page 29: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

29.Grassroots' autonomy organization

• (1)Residents committees , villagers' committees are mass autonomy organizations of basic unit of our country, it is not a first class state power.

Page 30: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

30. people's court

• (1)It is a national judicial organ, administer justice in accordance with the law.

• (2)Jurisdiction can only be exercised in the name of unification of the motherland by the people's court, any other government offices , public organization and individual all have no right to exercise .

• (3)The people's court of higher level supervises the administration of justice of the subordinate people's court

Page 31: 1.characteristic of constitution Characteristic of constitution on the content, stipulating the basic principles of one country's social system and state

31. people's procuratorate

• (1)It is a law supervising organ of our country, exercise national procuratorial work right .

• (2)The tissue system of the people's procuratorate includes: The Supreme People's Procuratorate , local people's procuratorates at all levels and every special people's procuratorate.

• (3)Besides relation of supervising, the relation that also have leaders and led among the people's procuratorates of the superior and the subordinate