1982年《中华人民共和国宪法》规定的国家政权组织制度的主要特点

V. Lizogub
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引用次数: 0

摘要

本文致力于全面分析中华人民共和国国家宪法制度的基本组成部分及其演变。在分析国内外著名中国科学家著作的基础上,运用一般科学方法和特殊科学方法(辩证法、比较法、逻辑法、系统结构法、功能法、分析法和综合法),对2018年版《中华人民共和国宪法》的主要特征进行了研究。与20世纪下半叶,特别是与21世纪第二个十年的进程有关的中国国家和社会制度的变化。特别是1982年《中华人民共和国宪法》所规定的国家权力组织制度的实质、中华人民共和国在历史上不同阶段对宪法立法规范的修正和变更、国家组织形式、中华人民共和国中央和地方国家机关体制的轮廓、中华人民共和国各国家机关的职权范围。它们的具体职能,都具有一定的目的,旨在满足国家作为一个系统的相关需要。此外,还分析了政治制度的主要要素,包括政党制度的结构和国家对少数民族的政策。总结了中华人民共和国宪法发展历史的主要阶段,马克思主义和毛主义官方意识形态的影响,作为中华人民共和国基础的社会主义制度,中国共产党在国家和国家政治制度中的地位。突出了社会主义对待公民权利和责任的方式、公开的劳动权利缺乏现实的国家保障、受教育权实现的显著局限性、全国范围内老年社会保障权的单一等问题。展示了国有财产在中华人民共和国经济中的特殊地位、国家政府形式的演变、人民主权原则作为政权组织的核心原则,以及2018年与中华人民共和国主席权力加强相关的反自由主义和激进变化的特征。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Main Features of the System of Organization of State Power under the Constitution of the People’s Republic of China of 1982
The article is devoted to a comprehensive analysis of the fundamental components of the state constitutional system of the People’s Republic of China and its evolution. Based on the analysis of the works of famous foreign and domestic Chinese scientists, the traditions of the political system of the People’s Republic of China using general scientific and special methods (dialectical, comparative, logical, system-structural, functional, analysis and synthesis methods), the main characteristic features of the Constitution of the People’s Republic of China in the 2018 edition were studied years, related to changes in the state and social system of China during the second half of the 20th century, especially with the processes of the second decade of the 21st century. In particular, the essence of the system of organization of state power according to the 1982 Constitution of the People’s Republic of China, amendments and changes to the norms of the constitutional legislation of the People’s Republic of China at various stages of its history, forms of state organization, contours of the system of higher and local state authorities of the People’s Republic of China, the sphere of competence of individual state authorities in the People’s Republic of China, their specific functions, which have a certain purpose, aimed at meeting the relevant needs of the state as a system. In addition, the main elements of the political system, including the structure of the party system, and state policy regarding national minorities are analyzed. Conclusions are made about the main stages of the history of the development of the Constitution of the People’s Republic of China, the influence of the official ideology of Marxism and Maoism, the socialist system as the basis of the People’s Republic of China, the place of the Communist Party of China in the state and political system of the country. The issue of the socialist approach to the rights and responsibilities of the citizen, the lack of a real state guarantee of the declared right to work and the significant limitation of the realization of the right to education, the single right to social security in old age on a nationwide scale, is highlighted. The exceptional place of state property in the economy of the People’s Republic of China, the evolution of the form of state government, the principle of popular sovereignty as the core principle of the organization of political power is shown, and the counter-liberal and radical changes of 2018 associated with the strengthening of the power of the President of the People’s Republic of China are characterized.
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