ВЕХИ СТАНОВЛЕНИЯ КОНСТИТУЦИОННОГО ЗАКОНОДАТЕЛЬСТВА КИТАЯ: ВЗГЛЯД ЧЕРЕЗ СТО ЛЕТ СО ДНЯ СОЗДАНИЯ КПК

Abstract

This article highlights the chronology of the formation of Chinese constitutional legislation under the leadership of the Chinese Communist Party and on this basis analyzes the active role of the CCP in this process. The author studied the development of the Chinese Constitution and the related legislation. This process has gone through a thorny path: inception (1927-1949), formation (1949-1966), stagnation (1966-1978), further development (1978-2012), and finally improvement (2012 - present). The main research methods were formal-legal (used to study the texts of the laws of China from 1927 to the present). The author identified the advantages and disadvantages of rule-making activities in the field of public law in China. In the course of the study, the author found that the creation of the CPC was a landmark event in the history of both the country and the whole world in 1921. In 2021, the CPC celebrates its centennial anniversary. As this difficult century has shown, comprehensive governance of the state on a legal basis is a key guarantee, essential for the commitment to this path and for its development, an indispensable condition for the modernization of the system and the potential of state governance. It is established that, under the leadership of the CPC, China tirelessly sought new solutions and invested great efforts in creating a rich and strong state, reviving the Chinese nation, and improving the people's well-being. During the founding of the People's Republic of China, in the period of reform and openness that followed, and in the new era of socialism with Chinese characteristics, the party played a key, decisive role in fulfilling all the tasks associated with the formation of these laws. As a result of the analysis, the author concludes that the party leadership, the people as the rightful owner of their country and the government of the state on the basis of law are closely related to each other and constitute an organism characterized by internal unity. As the experience of creating constitutional legislation shows, China needs to adhere to the organic unity of these three elements in practice. It is necessary to improve the system of implementation, control and guarantee of legal governance, to protect the authority of constitutional legislation. It is necessary to maintain and improve the institutional framework of the National People's Congress, continuously modernize the technique of lawmaking and improve its quality, and continue to deepen and develop scientific and democratic legislative work, recognize the importance of China's own conditions and national specifics, and study the fruits and experience of creating foreign constitutional legislation.