Constitution law comparison

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China, with 1. billion populations and five thousand years civilization, is trying hard with enthusiasm to build up a country that is based on the rule of law. It must be an unprecedented venture and one of the most challenging events in the world today.

Interestingly China is a country that has a long history without any rule of law.

Nevertheless China has developed its own way of maintaining social order and stability. Confucianism and feudal ethical rules have been the central ideology to protect the empire powers and social interests rather than to protect the individual rights and private interest. A close linkage can still be found from Chinese culture tradition to the current ideals of rule of laws. Ancient Chinese philosophy significantly contributed to constructing the foundation of the spirit of humanity, freedom and social justice. These legacies are indeed very impressive. Efforts were made in the following to compare U.S. Constitution and that of Chinese one.

The constitutions and political systems of the United States of America and the Peoples Republic of China differ drastically.

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Americans studying the U.S. Constitution are told time and again that it is one of the shortest constitutions in the world. This is especially demonstrated when contrasting it with the constitution of China. Within the Chinese equivalent are 18 distinct articles. Their Preamble alone has 1,071 words!

Contrasting heavily with the American Preamble--calling for the Blessings of Liberty to ourselves and our Posterity--the Chinese Preamble at one point states Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the peoples democratic dictatorship...

While the U.S. Constitution makes no mention of education, nor of encouraging people to think in certain ways, the Chinese Constitution blatantly reads, The state advocates the civic virtues of love for the motherland, for the people, for labor, for science and for socialism; it educates the people in patriotism, collectivism, internationalism and communism and in dialectical and historical materialism; it combats the decadent ideas of capitalism and feudalism and other decadent ideas.

The U.S. Constitution features the Bill of Rights while the Chinese Constitution has a chapter titled The Fundamental Rights and Duties of Citizens. It is interesting to see that, not only do the Chinese guarantee certain natural rights (as our Constitution does), but they also give some civil rights and lay out specific involuntary duties as well. An example of a duty involves the right and duty to work, laid out in Article 4 Work is the glorious duty of every able-bodied citizen. All working people in state enterprises and in urban and rural economic collectives should perform their tasks with an attitude consonant with their status as masters of the country. The state promotes socialist labor emulation, and commends and rewards model and advanced workers.

Chinese Article 5 states, Citizens of the Peoples Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration. However, Article I states, Sabotage of the socialist system by any organization or individual is prohibited. One may wonder what sabotage is, and whether it could involve any of the freedoms listed in Article 5. When the two overlap, the question remains unanswered which clause wins out?

A feature of the Chinese constitution not present in its American counterpart is its guarantee of equality for women and racial minorities. Article 48 lays forth that Women in the Peoples Republic of China enjoy equal rights with men in all spheres of life, while Article 4 makes it clear that All nationalities in the Peoples Republic of China are equal.

An important question of political structure is how the members of each countrys legislative bodies are chosen. The U.S. Constitution reads, The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Place of Choosing Senators. Later amendments guaranteed that the right to vote could not be denied on account of race, color, previous condition of servitude, sex or age for citizens who are eighteen years of age or older. Regarding the states, which prescribe election procedures, The United States shall guarantee to every State in this Union a Republican Form of Government quote;

As for China, Election of deputies to the National Peoples Congress is conducted by the Standing Committee of the National Peoples Congress. The number of deputies to the National Peoples Congress and the manner of their election are prescribed by law. Election laws fall under the powers of the Standing Committee. Furthermore, The Standing Committee of the National Peoples Congress is elected for the same term as the National Peoples Congress; it exercises its functions and powers until a new Standing Committee is elected by the succeeding National Peoples Congress. There is indeed voting in China, but the power can be quite easily limited. The guarantee to vote sounds quite promising as it reads, All citizens of the Peoples Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, or length of residence... until it takes a dramatic turn, saying, ...except persons deprived of political rights according to law.

Americans have a guarantee that The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The Chinese, on the other hand, are told that their Congress has the incredibly broad power to exercise such other functions and powers as the highest organ of state power should exercise.

China today is a large complex and non-homogeneous society. There are vast poor and undeveloped agricultural areas in the west, as well as the rich and developed costal areas and big metropolitan cities. The economic, political and cultural situations of the different areas are widely divergent. This complex and uneven social development makes the processes of implementing the rule of law complicated and cumbersome. Chinese people have done many things to transform the society since the end of 178. Many economic reforms have been undertaken to facilitate the growth of a market economy. China's entry to the WTO will have a significant influence on the rule of law in China. It will be helpful for a market economy, namely for the reform of state-owned enterprises. As they begin to face global competition. Chinese state- owned companies would have to totally restructure themselves to compete in a market economy. This provide fertile soil for the rule of law, as people will have to take care of themselves, manage their own resources and not become dependent on the state as they did in the time of the planned economy. In keeping with this, they will have to start to rely on laws and will require the government to also abide by laws.

There has been only twenty-three years of legal construction work. Hence, the Constitution and the rule of law are just like a newborn baby and it is an ongoing process. There are still many tough issues to be dealt with. Notwithstanding, however gradually, it will eventually be realized.

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