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The 1978 Constitution of the People's Republic of China

The 1978 Constitution of the People's Republic of China 309 The 1978 Constitution of the People's Republic of China Ph. de Heer Second Secretary of the Royal Netherlands Embassy at Peking, PRC. On 5 March 1978, the fifth National People's Congress (NPC) adopted at its first session the present constitution,1 This document is the fourth of its kind in the constitutional history of the People's Republic of China (PRC).2 The text has been drafted, according to the rapporteur on the revision of the (1975) Constitu- tion, Marshal Yeh Chien-ying, "by the Committee for Revising the Constitution, headed by Chairman Hua Kuo-feng, and composed of all the comrades on the Political Bureau of the Central Committee of the Communist Party of China".3 The purpose of this article is to analyze this new fundamental law by comparing it to its immediate and more distant predecessors, and by trying to explain changes and additions in the light of the political struggles and policy changes of the past few years. 1. The Political Background The adoption of the 1975 Constitution can be viewed as an attempt by Mao Tse-tung and his radical followers to legalize the changes brought about by the Cultural Revolution, which had uprooted both the State and Party http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Socialist Law (in 1992 continued as Review of Central and East European Law) Brill

The 1978 Constitution of the People's Republic of China

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Publisher
Brill
Copyright
© 1978 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0165-0300
eISSN
1875-2985
DOI
10.1163/157303578X00218
Publisher site
See Article on Publisher Site

Abstract

309 The 1978 Constitution of the People's Republic of China Ph. de Heer Second Secretary of the Royal Netherlands Embassy at Peking, PRC. On 5 March 1978, the fifth National People's Congress (NPC) adopted at its first session the present constitution,1 This document is the fourth of its kind in the constitutional history of the People's Republic of China (PRC).2 The text has been drafted, according to the rapporteur on the revision of the (1975) Constitu- tion, Marshal Yeh Chien-ying, "by the Committee for Revising the Constitution, headed by Chairman Hua Kuo-feng, and composed of all the comrades on the Political Bureau of the Central Committee of the Communist Party of China".3 The purpose of this article is to analyze this new fundamental law by comparing it to its immediate and more distant predecessors, and by trying to explain changes and additions in the light of the political struggles and policy changes of the past few years. 1. The Political Background The adoption of the 1975 Constitution can be viewed as an attempt by Mao Tse-tung and his radical followers to legalize the changes brought about by the Cultural Revolution, which had uprooted both the State and Party

Journal

Review of Socialist Law (in 1992 continued as Review of Central and East European Law)Brill

Published: Jan 1, 1978

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