scholarly journals On Constitutional Law Grounds of the State Policy in the PRC

2020 ◽  
Vol 10 ◽  
pp. 28-34
Author(s):  
Sentong Lu ◽  

Purpose. Scientific justification of the idea on the acknowledgment of the role of priority basic constitutional principles as grounds for the constitutional law regulation of the state policy in the PRC. Methodology: dialectics, hermeneutics, synergetics, philosophical conceptology. Conclusions. Holding a discussion on the approaches of the modern comparative linguistics to the identification of the development principles of the Chinese legal system, the author suggests referring the Chinese legal system to the socialist one with national peculiarities, historical succession, Chinese traditions occupying an important place in the development of the socialist principle of democratic centralism of the Communist Party of China. The author notes that the key constitutional principles of organization of government in the PRC are established and developed using the elements of two legal families (far eastern, socialist) and taking into account the Chinese specifics of the ideological origination and development of the Communist Party of China based on the ideas of K. Marx, V. I. Lenin, Chinese leaders and other supporters of the democratic centralism principle. Based on the provisions of the first chapter of the Constitution of the PRC, the author singles out 32 categories of the key principles of the constitutional law formation of the Chinese state directly or indirectly forming the powers of government authorities, state policy fundamentals. Scientific and practical significance. The conclusions of the article are aimed at systematization of the key constitutional principles of organization of government in the PRC classified into: basic, economic, social, law enforcement, administrative-territorial and additional ones. The priority basic principles singled out by the author are designed to form the grounds for the constitutional law regulation of the state policy.

2021 ◽  
Vol 5 (10) ◽  
pp. 163-167
Author(s):  
Tingting Liu

Since the 18th National Congress of the Communist Party of China (CPC), there are new requirements for the development of education in China. In view of this, the Party and the State have proposed new opinions on the development of education around the idea of developing education with people-centered approach. In the new era, adhering to the new exposition of education to guide the reform and development of China’s education enlightens us to ensure the modernization of education, serve the major development direction of the country, and assume people’s satisfaction as the yardstick.


2020 ◽  
Vol 2 (59) ◽  
pp. 283
Author(s):  
Valmir César POZZETTI ◽  
Rebecca Lucas Camilo Susano LOUREIRO

RESUMO Objetivo: Esta pesquisa tem como objetivo identificar quais os possíveis reflexos da legitimação fundiária dos núcleos urbanos informais consolidados ao meio ambiente. Metodologia: A metodologia utilizada, quanto aos meios, é o método dedutivo, por meio de análise doutrinária, bibliográfica e normativa. Quanto aos fins, a metodologia é qualitativa. Resultados: A conclusão a que chegou é de que a legitimação fundiária é um instrumento frágil, que não solucionará o problema da moradia digna no Brasil e trará consequências graves ao meio ambiente das cidades. Contribuições: A exclusão do estudo ambiental e dos projetos de urbanização em todos os casos que não envolvam áreas de proteção ambiental ocasionará um crescimento desordenado e de impossível correção, e para que haja uma real observância dos preceitos constitucionais é necessário que o Estado cumpra o seu dever de organização das cidades e pare de procurar mecanismos para aplacar as obrigações não cumpridas. Palavras-chave: Legitimação fundiária; meio ambiente urbano; ordenamento territorial; regularização urbana. ABSTRACT Objective: This research aims to identify which are the possible reflexes of land tenure legitimacy of informal urban centers consolidated to the environment.Methodology: The methodology used is deductive, through doctrinal, bibliographic and normative analysis. As for the purposes, the methodology is qualitative. Results: The conclusion reached is that land tenure is a fragile instrument, which will not solve the problem of decent housing in Brazil and will have serious consequences for the environment of cities.Contributions: The exclusion of the environmental study and urbanization projects in all cases that do not involve areas of environmental protection will cause a disorderly growth and of impossible correction, and in order to exist a real observance of the constitutional law, it is necessary that the State complies with its duty of organizing cities and stop looking for mechanisms to appease unfulfilled obligations.Keywords: Land tenure legitimization; urban environment; land legal system; urban regularization.


2015 ◽  
Vol 4 (1) ◽  
pp. 76-81
Author(s):  
Елисеев ◽  
Anatoliy Eliseev

The article deals with the historical experience of the formation and development of the state youth policy. The experience of state policy in relation to young people throughout the XX century is analyzed, the role of the Communist Party in the development of youth policy is showed, the role of the Young Communist League in the solution of problems faced by the young generation of the country is traced.


2017 ◽  
Vol 13 (3) ◽  
pp. 388-407 ◽  
Author(s):  
Mazen Masri

AbstractMany constitutional questions in Israel are dealt with through the lens of the nation-state paradigm where the state is constitutionally associated with an ethnically and religiously defined majority group. Thus, many of the challenges that face Israeli society and the legal system are often presented as a result of an exceptionally antagonistic majority–minority relationship in a nation-state. This paper offers a novel way of analysing the Israeli constitutional regime using the framework of settler-colonialism. It argues that adding the settler-colonial lens will help better understand many features of Israeli constitutional law. Drawing on theoretical frameworks developed by theorists of colonialism, the paper explores a number of foundational aspects of Israeli constitutional law and demonstrates how they were shaped, and continue to be shaped, by settler-colonialism. The paper argues that settler-colonialism is one of the central features that animate Israeli constitutional law.


2017 ◽  
Vol 4 (2) ◽  
pp. 151-166
Author(s):  
André Laliberté

In this essay, I present the concepts of religious resistance and contentious politics, in which religions represent a source of inspiration, before moving to the issue of how these concepts apply to China. I note that there is little literature on this particular subject, which is always politically sensitive. As the Communist Party of China has increasingly recognized the relevance of religion in contemporary society, it has tried to keep it in check and thereby ensure that independent associations with a religious background will not become involved in contentious politics. This article then briefly introduces the four case studies in this special issue on the theme of religion and contentious politics in China: two cases of persecution of Christians and Catholics during the period of Mao, and two articles about Buddhism, which has a more complex relationship with the state.本文首先阐述了宗教抵抗与抗争政治的概念—其中宗教发挥了启发鼓舞的作用而后将之用于分析中国经验。由于政治敏感性,有关此议题的文献很少。因为逐渐意识到宗教在当代社会中的重要性,中国共产党试图管控宗教防止具有宗教背景的独立团体参与抗争政治。本文最后介绍本期中有关中国宗教与抗争政治的四篇个案研究:两篇文章讨论毛泽东时期对基督徒和天主教徒的压迫,另外两篇是关于佛教及其与国家的复杂关系。


2013 ◽  
pp. 5-21
Author(s):  
Батцэцэг Ч

ХКН-ын XVIII их хурлын үйл явц, онцлог, ач холбогдол, “тав дахь үеийн” шинэ удирдлага, Хятадын нийгэм-эдийн засгийн хөгжлийн асуудлаар гадаадын хэвлэл, мэдээллийн хэрэгслэлээр нийтлэгдсэн материал, Оросын эрдэмтэн, судлаачдын байр суурь, үзэл бодлыг авч үзлээ.   The 18th National Congress of the Communist Party of China and Russian Scholars’ view on Socio-Economic Development of China The paper aims to examine the proceedings, significance, and specialty of the 18th National Congress of the Communist Party of China and the new rulership of “the fifth generation” and the state of socio-economic development of China in the opinion of international, in particular Russian researchers.


Author(s):  
G. A. Vasilevich

The article analyzes the influence of the science of constitutional law on the formation of constitutional legal relations in the state. The role of scientists in identifying trends in the development of the state and law is reflected. The role of the Constitution as a fundamental act, as an act integrating the entire national legal system, is emphasized. Suggestions are made to improve the system of checks and balances. It is emphasized that the development of constitutional law is influenced by the European legal space. European integration is the most important factor in the process of further development and improvement of national legal systems. A special threat to the stability of the state is created by the split of society, the lack of unity of the people in solving basic issues (property, political pluralism, the real provision of rights and freedoms regardless of political views). The coincidence of constitutional reality and constitutional norms is the most important condition and manifestation of the unity of the state and citizens.


2020 ◽  
Author(s):  
Dandara Cordeiro de Oliveira Fernandes

This dissertation intends to analyze the performance of the Judiciary in the implementation of public habitation policies, as an effective mechanism and also check them. It will be based on the process of judicialization of public policies as a reflection of this ineffectiveness, evaluating the legal order of the country with a focus on the Constitutional Law on Habitation, which must be protected by the State. Therefore, it will work on the idea of the Right to Habitation built as a Social Law and will start from the problem of the effectiveness of Social Rights, which consequently leads to the inoperability on public habitation policies. And the Judiciary contribution to remedy state omissions and failures in the face of the realization of Social Rights and the Right to Habitation. From the problematic of the effectiveness of public habitation policies and consequently the Right to Habitation, by constructing the conception of justice based on the material equality of John Rawls, will be raised the hypothesis of action of the Judiciary Power and the reflexes of this activity in the concretization of the policies, in view of the growing process of judicialization.


Author(s):  
Hao Shen

Abstract Through the Constitutional amendments of 2018, the environmental provisions in China’s Constitution have been further developed. Policy endorsement from the Communist Party of China is a key factor that prompted the inclusion of additional environmental provisions in the 2018 constitutional amendments. China’s environmental Constitution adopts the ‘national objective provision’ approach which imposes obligations of environmental care on State institutions and public authorities, such as the legislature, the executive and the judiciary. These are the two most important characteristics of environmental constitutionalism in China. This analysis traces the development of China’s environmental constitution and examines the constitutional significance of the provisions inserted in the Preamble and those expanded upon in the constitutional mandate of the State Council.


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