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According to the provisions of China's Constitution, the principle of democratic centralism is only the principle of the organization and activities of state organs, not the basic principle of the Constitution. Article 3 of the 1982 Constitution states: "The State organs of the People's Republic of China shall practice the principle of democratic centralism.
The National People's Congress and local people's congresses at all levels are democratically elected, accountable to the people, and subject to their supervision. The administrative, adjudicatory, and procuratorial organs of the state are all created by the people's congress and are responsible to it and subject to its supervision. The division of functions and powers between local state organs and local organs shall follow the principle of giving full play to the initiative and enthusiasm of local governments under the unified leadership of the local government."
This provision of our Constitution actually limits the principle of democratic centralism to state institutions. "The contents and forms of the constitutional provisions of various countries in the world are diverse, but in the final analysis, they are nothing more than the basic principles of the social system and the state system, the basic rights and duties of citizens, the basic principles of the organization and activities of state organs, the national flag and national emblem and the capital, and the guarantee and amendment procedures of the constitution." The principles of the organization and activities of State institutions are only part of the content of the Constitution, but not the whole story.
The principle of democratic centralism can only be a concrete principle for the fundamental principles of the Constitution, which determine the entire content of the Constitution.
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No, it is the sovereignty of the people, the basic human rights, the principle of the rule of law, and the principle of separation of powers are the basic principles of the Constitution.
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No, the Constitution is the principle of separation of powers, and anything that contradicts this principle is a pseudo-Constitution.
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Legal Analysis: The Principle of Constitutional Democratic Centralism: First, in terms of the relationship between state institutions and the people, it reflects that state power comes from the people, and state institutions are organized by the people in need.
Second, among the state institutions at the same level, the organs of state power occupy a dominant position. Third, in terms of the relationship between the government and local state institutions, the division of functions and powers between local state institutions and local state institutions follows the principle of giving full play to the initiative and enthusiasm of the local government under the unified leadership of the government.
Legal basis: Article 2 of the Constitution of the People's Republic of China All power in the People's Republic of China belongs to the people. The banquet organs for the people to exercise state power are the National People's Congress and the local people's congresses at all levels.
In accordance with the provisions of the law, the people manage state affairs, economic and cultural undertakings, and social affairs through various channels and forms.
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First, in terms of the relationship between the state institutions and the people, it shows that the power of the state comes from the people, and the people organize the national affairs experts.
Second, among the state institutions at the same level, the organs of state power occupy a dominant position. Paragraph 3 of Article 3 of the Constitution stipulates that the administrative, judicial and procuratorial organs of the State shall be created by the people's congress and shall be responsible to it and subject to its supervision.
Third, in terms of the relationship between the government and the local state organs, the division of functions and powers between the local state organs and the local state organs should follow the principle of giving full play to the initiative and enthusiasm of the local government under the unified leadership of the government.
Fourth, within state organs, whether they practice the collegial system or the state organs that practice the system of chief responsibility, they all practice democratic centralism to varying degrees when making decisions and decisions.
Article 2 of the Constitution stipulates that all power in the People's Republic of China belongs to the people. The organs through which the people exercise state power are the National People's Congress and local people's congresses at all levels.
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Centralism is the fundamental organizational principle of the Party and an important institutional guarantee for the normal development of political chaos within the Party. Upholding the system of collective leadership and combining collective leadership with individual responsibility is an important component of democratic centralism, and we must always uphold it, and no organization or individual is allowed to violate this system for any reason under any circumstances.
Party committees (leading party groups) at all levels must uphold the collective leadership system. All major issues should be discussed collectively and decided by the minority in accordance with the principles of collective leadership, democratic centralism, individual deliberation, and decision at meetings, and no other forms should be allowed to replace the leadership of party committees and their standing committees (or leading party groups). Implement the rules of procedure and decision-making procedures of the Standing Committee of the Party Committee (or Party group), improve the system for the Standing Committee to regularly report its work to the National Committee and accept supervision, resolutely oppose and prevent arbitrariness or independent action, resolutely oppose and prevent discussion without decision, resolute action, and action without truth, and resolutely oppose and prevent collective violations in the name of collective decision-making by Party committees.
Party committees (leading party groups) at all levels must be good at observing the general situation, grasping major issues, managing the overall situation, discovering and resolving contradictions and difficult problems in a timely manner, and not pushing the buck or shirking or leaving no sequelae. Establish a system for higher-level organizations to solicit the opinions of lower-level organizations before making important decisions related to lower-level organizations.
Democratic centralism implements a highly centralized system on the basis of a high degree of democracy. It is the fundamental organizing principle of proletarian political parties, socialist state organs, and people's organizations. It stipulates the correct relationship between the leadership and the masses, between the higher and the lower, between the part and the whole, between the organization and the individual, and is an important guarantee for the victorious advancement of the cause of revolution and construction.
All power belongs to the people, the principle of socialism, the principle of equality, the principle of democratic centralism, the principle of the supremacy of the Constitution, and the principle of socialist rule of law.
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