This book deals with the development of constitutional law in China and Visegrad states by employing a comparative perspective. It is the first time that the researcher compared the constitutional development in the China and the Visegrad states. It offers a few glimpses of development of constitution in the (former) socialist states to readers who are interested in the constitutional law or China–V4 relations. With the increased cooperation between China and V4 countries, this book gives the undergraduates in the university to think about the BRI and 17+1 network from a Chinese perspective. Last, compared to the previous works which mainly focus on North America and/or Western Europe, this book provides a new angle on comparative constitutional law.
Erscheinungsdatum: 31.08.2021

nexusstc/Development of the Constitutions in China and the Visegrad States: A Comparative Perspective/a5a2f1482392d20f940663ecdb416540.pdf

lgrsnf/519.pdf

Da, Lu

Springer Nature Singapore Pte Ltd Fka Springer Science + Business Media Singapore Pte Ltd

Springer Nature, Singapore, 2021

Singapore, Singapore

10, 20210830

S.l, 2021

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Foreword by Prof. Qianhong Qin
Foreword by Assoc. Prof. Norbert Varga
Preface
Acknowledgements
Contents
1 Introduction
1.1 Brief Introduction to Comparative Constitutional Law
1.1.1 History of Comparative Constitutional Law
1.1.2 Concept of Comparative Constitutional Law
1.1.3 Value of Comparing Constitutional Law
1.2 Methodology
1.3 Terminology
1.3.1 Brief Introduction to Visegrad and the Visegrad Group
1.3.2 Central Europe or Eastern Europe?
1.3.3 Definition of the Visegrad States in This Research
1.3.4 China and Its Constitutions
1.3.5 Same Terminology in the Constitutional Text, Different Practical Effects
1.4 Structure of This Research Work
References
2 Birth of the Communist Party and Its Early Activities in China and the Visegrad States
2.1 Birth of the Communist Party of China and Its Early Activities
2.1.1 Birth of the Communist Party of China
2.1.2 First United Front
2.1.3 End of First United Front and “White Terror”?
2.1.4 Reason for the Breakup of the First United Front
2.1.5 Communist-Controlled China and the Chinese Soviet Republic
2.2 Birth and Early Activities of the Communist Parties in the Visegrad States
2.2.1 Spread of Communist Ideology in the Visegrad States
2.2.2 Birth of the Hungarian Communist Party and Its Early Activities
2.2.3 Birth of the Communist Parties and Their Early Activities in Czechoslovakia and Poland
2.3 Conclusion
References
3 The First Written Communist Constitutions in China and the Visegrad States
3.1 First Communist Constitution in China
3.1.1 Adoption of the Constitution of the People’s Republic of China
3.1.2 Analysis of the Text and Structure of the Constitution of the People’s Republic of China
3.2 First Written Communist Constitutions in the Visegrad States
3.2.1 Hungarian People’s Republic
3.2.2 Czechoslovak Republic
3.2.3 Polish People’s Republic
3.3 Comparative Analysis of the Structure and Text of the First Written Communist Constitutions of China and the Visegrad States
3.3.1 Comparative Analysis of the Structures of the First Written Communist Constitutions of China and the Visegrad States
3.3.2 Comparative Analysis of Text of the First Written Communist Constitutions of China and the Visegrad States
3.4 Conclusion
References
4 Development of the Constitutions of China and the Visegrad States in the Reform Period
4.1 Development of the Constitution of the People’s Republic of China in the Reform Period
4.1.1 1975 Constitution of the People’s Republic of China
4.1.2 1978 Constitution of the People’s Republic of China
4.1.3 1982 Constitution of the People’s Republic of China
4.1.4 Conclusion
4.2 Development of the Constitutions of the Visegrad States in the Reform Period
4.2.1 Development of Constitutional Amendments in the Hungarian People’s Republic in the Reform Period
4.2.2 Development of the Constitutional Documents of Czechoslovakia in the Reform Period
4.2.3 Development of Constitutional Amendments in the Polish People’s Republic in the Reform Period
4.2.4 Conclusion
4.3 Comparative Analysis of the Development of the Constitutions of China and the Visegrad States in the Reform Period
4.3.1 Similarities
4.3.2 Differences
4.4 Comparative Analysis of the Supreme Organs of State Power in China and the Visegrad States
4.4.1 Development of the National People’s Congress of the People’s Republic of China
4.4.2 Development of the National Assembly of the Hungarian People’s Republic
4.4.3 Development of the National Assembly of the Czechoslovak Republic
4.4.4 Development of the Sejm of the Polish People’s Republic
4.4.5 Similarities in the Development of the Supreme Organs of State Power in China and the Visegrad States
4.4.6 Differences in the Development of the Supreme Organs of State Power in China and the Visegrad States
4.5 Conclusion
References
5 Development of Constitutions in China and the Visegrad States in the Transformation Period
5.1 Development of the Constitution of China in the Transformation Period
5.1.1 First Amendment to the Current Constitution of China
5.1.2 Second Amendment to the Current Constitution of China
5.1.3 Third Amendment to the Current Constitution of China
5.2 Development of the Constitutions of the Visegrad States in the Transformation Period
5.2.1 Development of the Constitution of Hungary in the Transformation Period
5.2.2 Development of the Constitution of Czechoslovakia in the Transformation Period
5.2.3 Development of the Constitution of Poland in the Transformation Period
5.3 Comparative Analysis of the Development of Constitutions in China and Visegrad States in the Transformation Period
5.3.1 Similarities
5.3.2 Differences
5.4 Comparative Analysis of the Constitutionality Review Systems in China and the Visegrad States
5.4.1 Constitutionality Review System in the People’s Republic of China
5.4.2 Constitutionality Review System in Hungary
5.4.3 Constitutionality Review System in Czechoslovakia
5.4.4 Constitutionality Review System in Poland
5.4.5 Similarities
5.4.6 Differences
5.5 Conclusion
References
6 Development of the Constitutions in China and the Visegrad States After the Transformation Period
6.1 Development of the Constitution of China After the Transformation Period
6.1.1 Fourth Amendment to the Current Constitution of China
6.1.2 Fifth Amendment to the Current Constitution of China
6.1.3 Conclusion
6.2 Development of the Constitutions in the Visegrad States After the Transformation Period
6.2.1 Development of the Constitution of Hungary After the Transformation Period
6.2.2 Development of the Constitution of the Czech Republic After the Transformation Period
6.2.3 Development of the Constitution of the Slovak Republic After the Transformation Period
6.2.4 Development of the Constitution of the Republic of Poland After the Transformation Period
6.2.5 Comparative Analysis of the Development of Constitutions in China and the Visegrad States After the Transformation Period
6.3 Comparative Analysis of the Constitutionality Review Systems in China and the Visegrad States After the Transformation Period
6.3.1 Introduction: Abortion Ban and Custody-and-Education Abolition
6.3.2 Constitutionality Review in China After the Transformation Period
6.3.3 Constitutionality Review in Hungary After the Transformation Period
6.3.4 Constitutionality Review in the Czech Republic After the Transformation Period
6.3.5 Constitutionality Review in Slovakia After the Transformation Period
6.3.6 Constitutionality Review in Poland After the Transformation Period
6.3.7 From Activism to Self-restraint in Constitutionality Review: A Comparative Perspective
6.4 Conclusion
References
7 Conclusion
7.1 Brief Review
7.2 Reasons for the Different Roads
7.2.1 Socioeconomic Conditions
7.2.2 Culture
7.2.3 International Relationships with the Soviet Union
7.2.4 Relationships with(in) the European Union (EU)
7.3 Rule by Constitutionalism in China and the Visegrad States After the Transformation Period
7.4 Conclusion
References

This book deals with the development of constitutional law in China and Visegrad states by employing a comparative perspective. It is the first time that the researcher compared the constitutional development in the China and the Visegrad states. It offers a few glimpses of development of constitution in the (former) socialist states to readers who are interested in the constitutional law or China–V4 relations. With the increased cooperation between China and V4 countries, this book gives the undergraduates in the university to think about the BRI and 17 1 network from a Chinese perspective. Last, compared to the previous works which mainly focus on North America and/or Western Europe, this book provides a new angle on comparative constitutional law.

2021-10-10