2011Journal of Sichuan UniversityRequires access

Looking Back on 1954:Reflection on Constitutional Concepts of the PRC Constitution Framers

Xie Wei-yan

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Abstract

Mao Zedong's speech On the Draft Constitution of the PRC,indicated that the Constitution would be programmatic,the Constitution would be the general statute,the Constitution would be transitional and other concepts of Constitution.And these ideas eventually became the country's Constitution concepts.But these Constitutional nationalism,Constitutional tools doctrine and Constitutional nihilism deviated from the universal concept of the Constitution.They have had negative impact on the Constitutional government and the legal system in China.To achieve substantial progress of Constitutional government in China,we must get rid of these traditional but inappropriate concepts of Constitution and promote a real implementation of the Constitution.

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What this paper is about

Mao Zedong's speech On the Draft Constitution of the PRC,indicated that the Constitution would be programmatic,the Constitution would be the general statute,the Constitution would be transitional and other concepts of Constitution.And these ideas eventually became the country's Constitution concepts.But these Constitutional nationalism,Constitutional tools doctrine and Constitutional nihilism deviated from the universal concept of the Constitution.They have had negative impact on the Constitutional government and the legal system in China.To achieve substantial progress of Constitutional government in China,we must get rid of these traditional but inappropriate concepts of Constitution and promote a real implementation of the Constitution.

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Available abstract

Mao Zedong's speech On the Draft Constitution of the PRC,indicated that the Constitution would be programmatic,the Constitution would be the general statute,the Constitution would be transitional and other concepts of Constitution.And these ideas eventually became the country's Constitution concepts.But these Constitutional nationalism,Constitutional tools doctrine and Constitutional nihilism deviated from the universal concept of the Constitution.They have had negative impact on the Constitutional government and the legal system in China.To achieve substantial progress of Constitutional government in China,we must get rid of these traditional but inappropriate concepts of Constitution and promote a real implementation of the Constitution.

Key concepts: Constitution, Limited government, Law, Political science, China, Doctrine, Statute

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