The Making and Structure of the 1982 Constitution of China

Abstract

This article aims to historically explore the political and ideological structure of the 1982 Constitution, both of which are multiple and can, therefore, be examined from various angles. This includes, first of all, the historical changes of the United Front and the Political Consultative Conference as well as the political implications and the isolation function of their non-politicization. Second, it includes the distinction between and the unification of the leadership principle and the representation principle. Lastly, it includes the introduction of a new design of constitutionalism with rule of law, private property rights and human rights at the core, which to some extent altered the societal and ideological basis of the original structure. Because of these components, the 1982 Constitution was able to respond to the complex societal changes in the last 30 years, the secret of which lies in the multiple complex structure created by this history.

Keywords: 1982 Constitution; Private Property Rights; Society Changes

JEL Classification: K19