The 1982 Chinese Constitution Amendments

However, chinaware acknowledges that private exitpower and capitalism will exist during the early stages of the formation of a socia itemisation country and this will take a longsighted time. In this mood they can justify allowing private will power and capitalism to exist as long as it plant life to their advantage.

The introduce to the brass contains the four Cardinal Principles which provide the ideologic basis for the continued rule of China by the Chinese commie party (Gittings and Whitfort 15). The four principles are:

1) Leadership of the Communist Party

2) Following the guidance of Marxism-Leninism and Mao Zedong Thought

3) Adherence to the People's pop Dictatorship (those who support socialism exercising dictatorship all over those who oppose it)

4) Following the Socialist Road (15).

Zhang Youyu, who helped draft the 1982 Constitution, believes the Preamble has a different legal status than the main bole of the constitution because it is a declaration of general goals rather than a institute of provisions with binding effects. Other Chinese scholars disagree, accept the Preamble is part of the constitution, and as such, is just as binding. The Four Cardinal Principles have been used in other laws to justify suppression of fundamental freedoms guaranteed by the constitution.

Article 5 of the constitution states that, "All state organs, the armed forces, all political parties and pub

Gittings, Danny and Whitfort, Amanda. Chinese Legal System, Volume 1. Hong Kong, China: HKU School of Professional and Continuing Education.

5) to defend the People's Republic of China, tolerate aggression and perform military service (Article 55) (Gittings and Whitfort 17).

Yet replication to this, Article 31 allows the National People's Congress to decide that these principles will not apply in special administrative regions which they micturate where they feel necessary. In these areas, the National People's Congress will set up the laws that apply for that region according to what they perceive as its needs.

In addition, Articles 5 and 25 limit freedom of the press, formulation it must be exercised in such a way that it does not: infringe on public interests; infringe on the lawful interests of other people; endanger public morale, wholeness sovereignty, territorial integrity, national safety, honor or interests; incite splits among nationalities; display national secrets; promote pornography or violence; or defame other people (Gittings and Whitfort 18). This is a considerable list of restrictions, and open to broad interpretation, allowing considerable restrictions to be placed on freedom of the press.

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