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Of the provisions of Article 64 of the Constitution, seems to be understood from this aspect. Under normal circumstances, the NPC Standing Committee's proposal, which represents more than one fifth of deputies face proposal for a representative to the larger, it can be said on behalf of the NPC Standing Committee's proposal for the overall interests of the country. In comparison, over one fifth of deputies to the NPC can only be said to represent the local interests of the country. Constitutional rights they are entitled to constitutional proposal, in fact, reflects the interests of both the central and local constitutional principles.

1978 Constitution stipulates that the NPC the power to amend the constitution, but it did not like the provisions of the 1954 Constitution, constitutional procedures, but does not provide the right of the main constitutional amendment proposals. 1979 and 1980 of the constitution, two local amendments. In both constitutional process, the constitutional amendment proposal was submitted by the NPC Standing Committee. In legal terms, the NPC Standing Committee is based on constitutional amendment proposal is still in force at the In accordance with section 8 of the Act, the State Chairman, Deputy Chairman, National People's Congress, the Bureau, Standing Committee, State Council, can move a motion to the NPC. But, as some scholars have pointed out, this provision does not distinguish between ordinary and constitutional amendment proposed by the motion put forward proposals, nor the provisions of both the procedure should be different. [45] However, even if the NPC Standing Committee that the proposed constitutional amendment according to the provisions of the proposal, and that our constitutional right of the main proposals for the scope is too broad. Because, according to the provisions, any constitutional amendment can be made on behalf of the NPC proposal.

(A) History thesis paper from China Union WWW.LWLM.COM collected.

Second, the 2383 proposed amendment on behalf of the NPC and the Bureau of its inclusion in the program is not redundant. Chen reason that the excess, the reason is because the amendment is attached to the original bill, it is not a separate motion, but the original motion a review process, so an amendment proposed and set up automatically into the agenda. This relates to the constitutional amendments and legal name as the Chen believes that amendments to the Constitution and the legal name as the and considered way. [56] These are of course right. Chen's error that there is no clear understanding of 2383 on behalf of the legal nature of the proposal. Very obvious that, due to the NPC Standing Committee can be modified constitutional amendment submitted, therefore, the delegates raised in the review process as a Such an amendment as long as the rules of procedure consistent with the NPC, is effective. Quality words, it does not need more than one fifth National People's Congress of the nomination. 1993 and 2383 on behalf of the proposal on behalf of consent signed by the fact that it is not a Article 64 of the Constitution, a proposed constitutional amendment proposal. 2383 on behalf of the reason the proposal have also illustrates this point: In order to complement the CPC Central Committee's constitutional amendment proposal is consistent with the Constitution, the Bureau decided to organize the deputies proposed to add more than one fifth of the deputies in the form of the amendment as proposed.

1954 年 constitution since carried out a total of 9 large and small, constitutional amendment. Although the National People's Congress has the sole constitutional power to maintain its dominant position, but the proposed constitutional amendment proposed by the authority but not the same.

1980, China set up a constitutional amendment committee to conduct a comprehensive revision of the Constitution of 1978, the result is the birth of the 1982 Constitution. In this constitutional process, the country did not continue in 1979 and 1980 constitutional amendment proposal by the NPC Standing Committee's practice, but directly by the Constitution Revision Commission proposed constitutional amendment proposal to the NPC. Revision of the Constitution the right to make laws based on constitutional amendment proposals, in 1980, adopted by the Third Session of the Fifth National People's Congress revised draft Constitution of the Republic. It seems, according to the prevailing understanding of constitutional rights and constitutional rights are one proposal, the right to amend the Constitution subject to the right to make proposals for constitutional amendment, or other body authorized to exercise the right proposal.

1982, respectively, the Constitution explicitly provides for the first time, proposals for constitutional rights and constitutional rights, and they establish a different subject. After 1988,1993,1999 and 2004 constitutional amendment that established under the 1982 Constitution, constitutional procedures. In the course of three constitutional amendments, 1988, 1999, 2004, constitutional amendment, constitutional amendments were proposed by the NPC Standing Committee. 1993 constitutional amendment, one-fifth National People's Congress NPC Standing Committee and representatives of the exercise of a constitutional amendment bills. This is a very interesting phenomenon of the Constitution.

Third, one fifth of the National People's Congress Standing Committee's constitutional amendment can not on the amendment proposal.

This article from the perspective of the legal relationship between the right of the constitutional amendment proposals related issues were discussed. Legal norms can not leave the legal relationship exist independently, so this seems to a simple conclusion: As the Constitution does not require power to propose constitutional amendments can be extinguished because of the lapse of time, the proposal also does not require the approval authority may provide for time limits on the proposal, nor authorities may withdraw the proposal for any of the provisions of the proposal, but authorities may not require a proposal to the proposal of another agency's proposal to modify and revise the constitution so the proposal was put forth, neither the constitutional authority automatically eliminated before the vote, can not be withdrawn, it authorities would not accept other proposals However, the constitutional organs of the proposal does not provide for these powers does not mean that there is a gray area, in which the proposal implies the powers,vibram five fingers outlet, on the contrary, they are just belong to the scope of constitutional rights. In other words, a constitutional amendment proposal, the constitutional right of the abstract into concrete, constitutional rights are not extinguished because of the lapse of time, the proposal authorities can not add additional time to its conditions, or to terminate it exist. In short, just as Professor Tribe as advice, we must be careful text and structure of the Constitution, [59] but not into it this is no casual thing.

Accordance with the existing provisions of section 64 of the Constitution, the right to enjoy the constitutional amendment proposals and the subject is more than one fifth National People's Congress deputies. Clearly, the Constitution established the system of constitutional amendment proposals double subject. With the United States Constitution, the provisions of Article 5 is very similar. Why the constitutional amendment of our Constitution to establish the two main sponsors, from the constitutional amendment in 1982, see the discussion of the process, there are many people in the United States Constitution, for example, strictly limit the constitutional amendment proposals put forward. [46] So here it to section 5 of the U.S. Constitution compared to perhaps get a little enlightenment.

endorsed this second point, namely that the NPC and the Bureau can not be combined into a proposal of two proposals,tods shoes outlet, but this paper will propose a different reason, but this article against the first point, at the same time, this paper argues that There is a constitutional revision process also inappropriate, that is: 2383 is not representative of the constitutional amendment proposal on the amendment to the Standing Committee. Are summarized as follows:

Although Article 5 of the U.S. Constitution established a constitutional right to double the main proposal, but so far carried out by the constitutional amendment, are made by Congress to the states constitutional amendment proposals. Although as of 1994, the state made a total of 399 times the national constitutional conference convened by request of the application, but Congress did not convene the meeting had proposed constitutional amendment constitutional amendment proposals. [51] Thus, many American scholars have proposed constitutional amendment would be the way Congress is called the normal mode of constitutional amendment, and constitutional amendment proposed by the National Constitutional Conference the way the proposal is called an exception. [52] Compared with the United States, China for the first time since 1988, conducted in accordance with Article 64 of the Constitution since the constitutional amendment constitutional practice 3 times, once there is more than one-fifth of the NPC Standing Committee and National People's Congress at the same time proposed constitutional amendment proposals.

First, when the two constitutional amendment proposal, the National People's Congress Bureau of the right to put them into one proposal. Chen believes that the NPC Standing Committee and representatives for the motion, only after a vote to determine their destiny, the bureau or some other institution has the right to determine their fate, including their modification, because the amendment is tantamount to the Bureau of the National People's Congress a new proposal. [54] This paper argues that the reason the Bureau of National People's Congress two merged to form a constitutional amendment proposal, because the proposal on behalf of the Standing Committee the proposal is a supplement, both are in harmony with the content. But the problem is, if the Standing Committee on behalf of the proposal and the proposal is not consistent in content, or even conflict with each other, then [55], the Bureau can also merge them and then it? There is no doubt that the content of the face of two conflicting constitutional amendment proposal, the Bureau was not able to favoritism, any form of proposals for change. Otherwise, it means that the Bureau of National People's Congress has the constitutional amendment proposal on the power of substantive review, but clearly this power only for the exclusive enjoyment of the NPC. Therefore, even if two proposals consistent in content, the Bureau has no authority to change them.

Here are two situations is necessary, first, consider the National People's Congress in the process of constitutional amendment proposals to amend the proposal, the second is National People's Congress (more than one fifth) in the constitutional proposals put forward during the Standing Committee , its supplementary case. The difference between the two is that, with the National People's Congress, their identity is not the same. In the first case, the representative of authority as a constitutional amendment - part of the activities of the NPC; in the second case, not as a representative of a member of the NPC, but as a constitutional amendment proposal authority, that is, five more than one part of the activities of deputies. Constitutional authority as part of National People's Congress Standing Committee, of course, can propose amendments to the proposal of constitutional amendment, effective after a vote by the General Assembly. However, as the constitutional authority of the National People's Congress proposal was not the case. This is because the NPC Standing Committee and representatives of more than one fifth of the constitutional amendment proposals are independent bodies, they are entitled to an independent constitutional right to introduce bills,herve leger skirts, they can be on the [58] In other words, the Standing Committee of the constitutional amendment proposal properly or not, the only constitutional organ has the power to judge. The latter that the former constitutional amendment if the proposal is imperfect, it can propose a new proposal. This new proposal in the content can be added to the former proposal, but in form, it is a separate,

2383 delegates proposal was made in accordance with Article 64 of the Constitution of the constitutional amendment proposal, the proposal by the constitutional right of nature, as a constitutional amendment proposals, it is proposed that the NPC is made to consider and approve the power is not means that the NPC has undertaken the obligation to be considered, so the NPC to decide whether to include it in the agenda for consideration. In fact, according to China's practice, before the National People's Congress in a formal meeting, preparatory meeting to be held always, is to determine the content of the agenda for this meeting. The 1988 constitutional amendment since the previous process, the Standing Committee proposed amendment to the Constitution (draft), the National People's Congress meeting will be always prepared amendment to the Constitution (draft) to discuss the agenda. [57] as a constitutional amendment proposal on behalf of the proposal, of course 2383 is no exception.

1975 Constitution of the constitutional amendment 54 years, the procedural requirements established by the constitution to delete, so it does not stipulate who is entitled to constitutional amendment proposals. From a practical perspective, the 1975 Amendments to the Constitution, the CPC Central Committee proposed constitutional amendment proposal, the NPC for a constitutional amendment.

1787 Constitutional Convention in Philadelphia, on the constitutional procedure, initially on behalf of the Constituent Assembly did not give it much consideration. The initial view was that the Constituent Assembly will give the states full power to propose constitutional amendments, the draft provisions, as long as two thirds of the state legislature to convene the National Constitutional Convention proposed the application, Congress should convene a constitutional convention to amend the constitution. [47] But once the delegates that the system and their perception of the Constitution of the Federal Constitution states the purpose better than the sub, which made various amendments. [48] ??proposed constitution on behalf of Sherman proposed constitutional amendment to allow Congress to the proposal to the states, as in the Madison is interested in the constitutional process to make the Congress in a dominant position, he argued that Congress considered it necessary two-thirds of members, or the request for two-thirds of state legislatures, should make proposals for constitutional amendment. His comments constitute the United States Constitution, Article 5 of the existing foundation. [49] Mason opposed the constitutional amendment giving Congress's arbitrary power. After a compromise solution adopted by the Constituent Assembly, on the one hand the proposal to give Congress the right to revise the constitution, the other provisions of the state when two-thirds of the request, Congress should convene the National Constitutional Conference proposed constitutional amendment proposals. This has become now the United States Constitution, Article 5. According to the interpretation of American scholars, Article 5 of the Constitution embodies the power between the federal and state balance. [50]

(B) of the current constitution the right of the main proposals in the constitutional amendment

1954 Constitution Article 29: Amendments to the Constitution by the National People's Congress on behalf of all the two-thirds majority. Laws and resolutions by the National People's Congress a simple majority vote of all the deputies. This is only the 1954 Constitution on the constitutional amendment procedures. Obviously, the 1954 Constitution simply provides the main body of constitutional rights, but did not establish an independent constitutional amendment bills. Application of the provisions from which to see,Salvatore Ferragamo outlet, to amend the constitution in 1975 on the occasion of the CPC Central Committee put forward a constitutional amendment directly to the NPC proposal.

Chen claims

1993 年 2 14, the CPC Central Committee put forward to the Seventh National People's Congress proposed constitutional amendment, after discussion of the NPC Standing Committee accepted the proposal and formed a constitutional amendment (draft), drew the eighth National People's Congress session. Seventh Standing Committee discussed the proposed constitutional amendment process of the CPC Central Committee, the members made a number of new ideas, feedback to the CPC Central Committee. CPC Central Committee that the need for these views into the Constitution, so in March 14, 1993 proposed a In this process, some representative of the CPC Central Committee put forward constitutional proposals directly to the National People's Congress unconstitutional, therefore, the additional recommendations by the CPC Central Committee in Beijing and other 32 representatives of delegations of the 2383 signatures, on March 23 way to represent the proposal on to the eighth National People's Congress meeting, proposed the After the constitutional amendment proposal to the NPC,herve leger sale, the NPC and its inclusion in the agenda of the Bureau and its Standing Committee's constitutional amendment proposals and the national merger, the formation of a constitutional amendment proposal to the Assembly to vote for our Constitution 3 - Article 11 Amendment to the Constitution.

This is the first time in the history of our Constitution the constitutional amendment proposed by two different agencies also put forward constitutional proposals. From the constitutional law theory, the unprecedented constitutional practice there are many problems in the form. Some scholars believe that the constitutional reform in the procedural irregularities, one in the constitutional amendment process, the National People's Congress proposed the amendment on behalf of the Bureau of the agenda, it is unnecessary and inappropriate. Second, when two constitutional amendment proposal, the National People's Congress of the Bureau has no right to merge them into one proposal. [53]

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 The Right of constitutional amendment proposals (below) 
 
China's current constitution provides for strict procedures for constitutional change. As part of the constitutional amendment process, the Constitution gives the power to propose constitutional amendments Congress and more than one fifth of the NPC. The constitutional right of the existing constitution and the constitutional right of the proposal were provided, and this is a major institutional aspects of constitutional change. The following first review the origins of our 1954 constitution of the Constituent to the right on the constitutional provisions of the proposal, and related practices, and then appeared on the practice of the relevant issues.

VI Conclusion

(C) constitutional amendment proposal on the 1993 evaluation exercise of the right

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