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Adopted at the Fifth Session of the Fifth National People's Congress on December 4, 1982, and promulgated by the National People's Congress on December 4, 1982.
Pursuant to the Amendment to the Constitution of the People's Republic of China adopted at the First Session of the Seventh National People's Congress on April 12, 1988;
The Amendment to the Constitution of the People's Republic of China adopted at the First Session of the Eighth National People's Congress on March 29, 1993;
The Amendment to the Constitution of the People's Republic of China adopted at the Second Session of the Ninth National People's Congress on 15 March 1999;
Amendment to the Constitution of the People's Republic of China adopted at the Second Session of the Tenth National People's Congress on March 14, 2004.
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Decree No. 4 of the ** China Supervision and Administration Commission hereby promulgates the "Measures for the Administration of the Exchange", which shall come into force on the date of promulgation.
Chairman: Zhou Xiaochuan.
December 12, 2001.
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Answer: China's current constitution was adopted and promulgated by the Fifth Session of the Fifth National People's Congress on December 4, 1982 in accordance with the line, principles, and policies determined by the Third Plenary Session of the 11 th CPC Central Committee.
There is a distinction between broad and narrow constitutional supervision. Constitutional supervision in a broad sense refers to the comprehensive supervision of activities related to the constitution. As far as the subject of supervision is concerned, in addition to the full-time organs of constitutional supervision, it also includes other state organs, political parties, people's organizations, mass organizations, and citizens.
As far as the objects of supervision are concerned, they include not only the legislative, administrative, and judicial activities of state organs, but also the activities of individual citizens, as well as the activities of political parties, people's organizations, and mass organizations. Constitutional supervision in a narrow sense refers to the supervision of legislative and administrative activities carried out by organs that have the function of constitutional supervision in accordance with the law.
The main features of China's constitutional supervision system.
1.From the point of view of the organs of constitutional supervision, China's constitutional supervision belongs to the system of supervision by representative organs.
1) According to the provisions of the current Constitution, the power of constitutional supervision in China belongs to the National People's Congress and its Standing Committee.
2) At the same time, the special committees of the National People's Congress have the duty to assist the National People's Congress and its Standing Committee in exercising constitutional supervision.
3) Emphasizing the role of local people's congresses at all levels and their standing committees in constitutional supervision.
2.From the perspective of the method of constitutional review, China's constitutional supervision adopts the method of combining ex ante and ex post trial.
1) The pre-trial is manifested in the filing and approval procedures of relevant local regulations, and the non-approval of local regulations that violate the provisions of the Constitution;
2) The post-mortem performance is as follows:
The National People's Congress has the power to revoke legislation of the Standing Committee of the National People's Congress that violates the provisions of the Constitution and the law.
The Standing Committee of the National People's Congress has the power to revoke administrative regulations formulated by *** that violate the provisions of the Constitution;
The Standing Committee of the National People's Congress has the power to revoke local regulations formulated by local people's congresses and their standing committees.
3.From the perspective of unconstitutional sanctions, the measures taken by China's constitutional supervision are:
1) repeal laws that are unconstitutional;
2) not to approve bills that are contrary to the Constitution;
3) remove the person responsible for the unconstitutionality;
4) Instruct the unconstitutional authority to correct the unconstitutional act.
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