Renmin Chinese Law Review
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Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 6

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 6 is the sixth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.
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Chapter 4: A new review of the economic system clauses in the Chinese Constitution

Li Xiang

Abstract

The economic system clauses in the Chinese Constitution have been criticized for frequent changes, and their contents are quite exceptional and lack normative power. However, a new view shows that more than half of the Constitutions in the world provide for economic systems, and the economic system clauses in the Chinese Constitution have made a historical contribution; although, it is too general to say that the clauses were changed too often in the past, and the viewpoint that many of them are just policy is also inaccurate. The clauses will tend to be fixed by Constitutional Interpretation, increasingly combined with ideas like Constitutionalism and Liberalism and become more and more normative. Therefore, the economic system clauses in the Constitution should be viewed more objectively, because the shortcomings of frequent changing and non-normativeness will be overcome gradually, and the exceptionality will be fairly evaluated.

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