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 Zhang Chunqiao:Report on the Revision of the Constitution(1975)

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Chang Chun-chiao (Zhang Chunqiao)
Report on the Revision of the Constitution

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Delivered: January 13, 1975

Source: Documents of the First Session of the Fourth National People's Congress of the People's Republic of China

Transcribed/HTML Markup: Mike B. for MIA, November 2006

Proofread:

Public Domain: Marxists Internet Archive (2005). You may freely copy, distribute, display and perform this work; as well as make derivative and commercial works. Please credit “Marxists Internet Archive” as your source.


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Fellow Deputies!

The Draft Revised Text of the Constitution of the People's Republic of China submitted by the Central Committee of the Communist Party of China to the Congress for its deliberation has been issued to all the deputies. At the behest of the Central Committee of the Communist Party of China, I shall explain some points. Twenty years ago, in 1954, the First National People's Congress adopted the Constitution of the People's Republic of China. Our great leader Chairman Mao Tsetung pointed out, "An organization must have rules, and a state also must have rules; the Constitution is a set of general rules and is a fundamental charter." The Constitution of 1954 was China's first constitution of a socialist type. In the form of a fundamental charter it summed up historical experience, consolidated the victories of our people and mapped out a clear, well-defined course of advance for the people of the whole country. Practice in the last twenty years has proved that that Constitution was correct. Its basic principles are still applicable today. However, as tremendous changes have taken place in China's politics, economy and culture and in international relations since 1954, some parts of the Constitution are no longer suitable. In the present revision of the Constitution our main task is to sum up our new experience, consolidate our new victories and express the common desire of the people of our country to persist in continued revolution under the dictatorship of the proletariat.

Of the new victories won by our people in the last two decades the most significant has been the step-by-step consolidation and development of the socialist system under the leadership of the Chinese Communist Party headed by Chairman Mao. Through repeated trials of strength with enemies at home and abroad, and especially through the Great Proletarian Cultural Revolution of the last eight years which destroyed the bourgeois headquarters of Liu Shao-chi and of Lin Piao, the people of all nationalities in our country are more united and the dictatorship of the proletariat is more consolidated than ever. What is more important is that, in the course of the struggle, Chairman Mao formulated for us a basic line for the entire historical period of socialism by applying the principle of integrating the universal truth of Marxism-Leninism with concrete practice. He says:

Socialist society covers a considerably long historical period. In the historical period of socialism, there are still classes, class contradictions and class struggle, there is the struggle between the socialist road and the capitalist road, and there is the danger of capitalist restoration. We must recognize the protracted and complex nature of this struggle. We must heighten our vigilance. We must conduct socialist education. We must correctly understand and handle class contradictions and class struggle, distinguish the contradictions between ourselves and the enemy from those among the people and handle them correctly. Otherwise a socialist country like ours will turn into its opposite and degenerate, and a capitalist restoration will take place. From now on we must remind ourselves of this every year, every month and every day so that we can retain a rather sober understanding of this problem and have a Marxist-Leninist line.

Both the Ninth and the Tenth Congresses of the Party reaffirmed this basic line. Our struggles against Liu Shao-chi and Lin Piao have focused on one issue: whether to uphold this basic line or to change it. Past and present class struggles all prove that this basic line is the lifeline of our Party as well as of our country. As long as we uphold it, we shall assuredly be able to overcome all difficulties, defeat enemies at home and abroad and win greater victories. This is the main experience we have gained and also our guiding thought in revising the Constitution.

The draft revised Constitution now submitted is the continuation and development of the 1954 Constitution. It was born out of repeated discussions among the people of all our nationalities and is the outcome of combining the ideas of the leading organizations and those of the masses. The Preamble is new. The number of articles has been reduced from 106 to 30. The important revisions are as follows:

(1) Starting from the Preamble, the draft revised text records the glorious history of the Chinese people's heroic struggle. "The Communist Party of China is the core of leadership of the whole Chinese people" and "Marxism-Leninism- Mao Tsetung Thought is the theoretical basis guiding the thinking of our nation" — such is the conclusion which the people of our country have drawn from their historical experience of more than a century and which is now inscribed in the General Principles of the draft. The draft stipulates, "The National People's Congress is the highest organ of state power under the leadership of the Communist Party of China." It also stipulates, "The Chairman of the Central Committee of the Communist Party of China commands the country's armed forces." Since no chairmanship of state is instituted, the draft makes a corresponding revision of the provisions of the 1954 Constitution concerning the structure of the state. All this will certainly help strengthen the Party's centralized leadership over the structure of the state and meet the desire of the people of the whole country.

(2) The draft stipulates, "The People's Republic of China is a socialist state of the dictatorship of the proletariat led by the working class and based on the alliance of workers and peasants." It stipulates that the worker, peasant and soldier deputies shall form the main body of people's congresses at all levels. It also specifies the targets of the dictatorship of the proletariat and sets forth the policies of the dictatorship. The draft includes in separate articles the rural people's communes, which integrate government administration and economic management, and the local revolutionary committees at various levels formed on the basis of the revolutionary three-in-one combination, both of which emerged from great revolutionary mass movements. Thus, the class nature of our state and the status of each class in our country are clearly defined. Marx and Lenin consistently teach us, "The class struggle necessarily leads to the dictatorship of the proletariat" and "The proletarian state is a machine for the suppression of the bourgeoisie by the proletariat." Our draft adheres to this principled stand of Marxism-Leninism and is sharply demarcated from such fallacies as Confucius' "benevolent government" or the Soviet revisionist renegade clique's "state of the whole people."

As for our dictatorship of the proletariat, firstly, within the country it suppresses the reactionary classes and elements and those who resist socialist transformation and oppose socialist construction, and suppresses all treasonable and counter-revolutionary activities; and secondly, it protects our country from subversion and possible aggression by external enemies. It is the magic weapon with which the people of our country vanquish enemies and protect themselves. We must treasure it and constantly strengthen it. We should strengthen the great unity of the people of all our nationalities, strengthen the People's Liberation Army and the people's militia which are the pillar of the dictatorship of the proletariat, and strengthen the building of state organs. We should continue to consolidate the alliance of the working class with its reliable ally, the poor and lower-middle peasants, unite with the other working people and the many intellectuals, and develop the revolutionary united front which includes the patriotic democratic parties and patriotic personages in all walks of life. Only in this way can we unite with all the forces that can be united with, exercise the dictatorship of the proletariat effectively, defend the socialist system, and consolidate the independence and security of our great motherland.

(3) The dictatorship of the proletariat on the one hand exercises dictatorship over the enemy and on the other practises democratic centralism within the ranks of the people. Without ample democracy, it is impossible to have a high degree of centralism, and without a high degree of centralism, it is impossible to build socialism. The draft stipulates that all organs of state shall practise democratic centralism and specifies the democratic rights of citizens, and especially the rights of the fraternal minority nationalities and of women. It also stipulates that the masses shall have the right to speak out freely, air views fully, hold great debates and write big-character posters. Moreover, in accordance with Chairman Mao's proposal, the specification that citizens enjoy freedom to strike has been added to Article 28 of the draft. We are convinced that the revolutionary masses, who have been tempered in the Great Proletarian Cultural Revolution, will apply these provisions still better and "create a political situation in which there are both centralism and democracy, both discipline and freedom, both unity of will and personal ease of mind and liveliness, and so help consolidate the leadership of the Communist Party of China over the state and consolidate the dictatorship of the proletariat."

(4) The task of socialist transformation of the ownership of the means of production put forth in the 1954 Constitution has in the main been completed. The draft fully affirms this great victory of the Chinese people and lays it down that at the present stage our country has mainly two kinds of ownership of the means of production, namely, socialist ownership by the whole people and socialist collective ownership by working people. The draft also contains provisions regarding non-agricultural individual labourers and allowing people's commune members to farm small plots for their personal needs and engage in limited household side-line production. These provisions integrate the principle of adherence to socialism with the necessary flexibility and are sharply demarcated from such fallacies as those advocated by Liu Shao-chi and Lin Piao on the fixing of farm output quotas for individual households with each on its own and the abolition of farm plots for personal needs.

The draft reiterates the general line of going all out, aiming high and achieving greater, faster, better and more economical results in building socialism, and stipulates a series of principles and policies for the consolidation and development of the socialist economic base.

It should be pointed out that in our country we still have harmony as well as contradiction between the relations of production and the productive forces and between the superstructure and the economic base. Like the morning sun, our socialist system is still very young. It was born in struggle and can only grow in struggle. Take the state sector of the economy for example. In some enterprises, the form is that of socialist ownership, but the reality is that their leadership is not in the hands of Marxists and the masses of workers. The bourgeoisie will seize hold of many fronts if the proletariat does not occupy them. Confucius died more than two thousand years ago, yet such rubbish as his never vanishes of itself where the broom of the proletariat does not reach. The draft lays down that "state organizations and state personnel must earnestly study Marxism-Leninism-Mao Tsetung Thought," that "the proletariat must exercise all-round dictatorship over the bourgeoisie in the superstructure, including all spheres of culture" and that state organizations and state personnel must maintain close ties with the masses and overcome unhealthy tendencies. It is precisely the purpose of these provisions to call on us to pay keen attention to grasping socialist revolution in the realm of the superstructure and to pay attention to solving problems concerning the relations of production. We must broaden, deepen and persevere in the current movement to criticize Lin Piao and Confucius and occupy all fronts with Marxism.

(5) In accordance with Chairman Mao's teaching, Dig tunnels deep, store grain everywhere and never seek hegemony, we have written into the draft that "China will never be a superpower" in order to show that our country does not seek hegemony today and that it never will. Only by emancipating all mankind can the proletariat achieve its own final emancipation. We shall always unite with the people of all countries in the common struggle to abolish the system of exploitation of man by man over the face of the globe, so that all mankind will be emancipated.

Fellow Deputies!

The work of revising the Constitution has been going on for nearly five years. This Congress will complete the work and promulgate the new fundamental charter of the People's Republic of China. This is a major event calling for our enthusiastic celebration. In order to win and defend the right to people's democracy and socialism, smash the schemes of Kao Kang, Jao Shu-shih, Peng Teh-huai, Liu Shao-chi and Lin Piao for restoring capitalism internally and capitulating and selling out the country externally, and defeat reactionaries both at try have long engaged in sharp and complex struggles, in which tens of thousands of martyrs have laid down their lives. It is precisely the victories of these struggles that have given birth to this socialist Constitution. We are confident that the people of all our nationalities and, first of all, the Communists and state personnel, will earnestly implement and courageously defend this Constitution and carry the continued revolution under the dictatorship of the proletariat through to the end, so as to ensure that our great motherland will forever forge ahead victoriously along the road indicated by Marxism-Leninism-Mao Tsetung Thought!
  
  
  

 
 
顶端 Posted: 2007-02-10 04:17 | [楼 主]
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Zhang Chunqiao, 88, One of China's Gang of Four, Dies

     
By DOUGLAS MARTIN
Published: May 11, 2005
Zhang Chunqiao, a radical Maoist who held several positions at the apex of China's government when he was convicted in 1981 as a member of the infamous Gang of Four, died April 21, the Chinese government reported yesterday. He was 88.


The Globe and Mail
Zhang Chunqiao, around 1976.


Forum: Asian Politics
The state-run New China News Agency said Mr. Zhang had died of cancer. There have been erroneous reports of his death or of serious illness going back at least to 1980.

In 2001, he was released from prison, having had his death sentence commuted in 1983 for medical reasons. He lived in obscurity in Shanghai.

His moment of greatest prominence came under glaring lights in a show trial that began in 1980 in which he and other top Chinese Communists were charged by other top Chinese Communists with persecuting hundreds of thousands of people. Mr. Zhang, who four years earlier was one of the most powerful leaders in China, not only refused to answer questions but also pretended to go to sleep.

"His ugly, stubborn attitude naturally aroused the indignation of many observers," the Chinese news agency reported at the time.

In 1976, Mr. Zhang was a deputy prime minister, the third in power - behind Deng Xiaoping, also a deputy prime minister, and Zhou Enlai, the prime minister. He was also director of the General Political Department of the People's Liberation Army, a member of the Politburo Standing Committee and considered a possible successor to Mao Zedong as leader of the ruling Communist Party.

Then on Oct. 6, 1976, a month after Mao died, Mr. Zhang; Jiang Qing, Mao's widow; Yao Wenyuan; and Wang Hongwen were arrested in a moment of rare drama by an elite unit of the People's Liberation Army. All were top party officials and all were charged with conspiring to overthrow Hua Guofeng, the new party leader, among other treasonous acts.

Speculation in the Western press had been that Mr. Deng, the leading moderate, and Mr. Zhang, the leading radical, had been pre-eminent candidates for the top party post. Some characterized Mr. Hua's triumph as amounting to a coup within the regime.

Gang of Four was a term of derision, and its members were all closely associated with Mao's Cultural Revolution, when Chinese society was turned upside down in the years from 1966 to 1976. Students were let loose on teachers, workers on managers and citizens on bureaucrats. Mao had started the devastating political firestorm in a last-ditch effort to root out elitism and what he saw as an emerging bourgeoisie.

But Hua's new government was veering toward a more moderate course, and a purge of the most prominent radicals was part of its strategy.

In the televised show trial in 1980, sometimes described as a Chinese version of the Nuremberg trials, the four were charged with persecuting more than 700,000 people, almost 35,000 of whom died as a result.

"At their trial they were accused of almost single-handedly causing millions to suffer," Jonathan Mirsky wrote in The Times of London in 1996. "This made it unnecessary to inquire why millions more enthusiastically collaborated."

Mr. Zhang and Ms. Jiang were sentenced to death, but their sentences were commuted to life in prison. She hanged herself. Mr. Wang died of a liver ailment in 1992. Mr. Yao, who was born in 1931, is believed to be the only member of the "gang" still living.

Mr. Zhang was born in 1917, and little is known about his early life except that he came from an intellectual family. By the time he was in his 20's, he was already active in the Writers and Artists Association in Shanghai. During the war, he did propaganda work for Communist guerrillas in northern China. In 1975, The New York Times said, "In a sense, he has been a propagandist ever since."

As he became more prominent in Shanghai's artistic life, he also rose in the party hierarchy, becoming director of the city's propaganda department in 1963. When Ms. Jiang sought to revolutionize the Beijing Opera, he helped her revise one opera a dozen times. He helped begin the Cultural Revolution in 1966, during a visit by Mao to Shanghai, by publishing in two newspapers he controlled scathing attacks on party bureaucrats in Beijing.

Mr. Yao wrote one of the articles, and from then on the two were identified as leaders of the radical movement in Shanghai. In 1967, Mr. Zhang was a leader in setting up the Shanghai Commune, modeled after the Paris Commune in the French Revolution, then in reining it in after it became manifestly unmanageable.

News reports in the 1970's suggested that Mr. Zhang was trying to strike a balance between his radical Maoism and the more pragmatic tone increasingly in evidence. During President Richard M. Nixon's visit to China in 1972, Mr. Zhang, who was described as a smooth and pleasant man with sharp features, met with Mr. Nixon in Shanghai as chairman of the city's revolutionary committee and in Beijing as a member of the Politburo.

The Chinese government made no mention of survivors.
  
  
  

 
 
顶端 Posted: 2007-10-06 05:49 | 1 楼
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张春桥在第四届全国人民代表大会关于修改宪法的报告
张春桥
1975.01.13




一九七五年一月十三日在中华人民共和国第四届全国人民代表大会第一次会议上报告

一月十七日通过



各位代表!

中国共产党中央委员会提请大会讨论的《中华人民共和国宪法修改草案》已经发给各位代表。我受中共中央的委托,作一些说明。

二十年前,一九五四年,第一届全国人民代表大会制定了《中华人民共和国宪法》。伟大领袖毛泽东主席曾经指出:“一个团体要有一个章程,一个国家也要有一个章程,宪法就是一个总章程,是根本大法。”一九五四年宪法,是中国第一个社会主义类型的宪法。它用根本大法的形式总结了历史经验,巩固了我国人民的胜利成果,为全国人民规定了一条清楚的明确的前进道路。二十年来的实践证明,这个宪法是正确的。它的基本原则,今天仍然适用。但是,一九五四年以来,我国的政治、经济、文化和国际关系都发生了重大变化。它的部分内容,今天已经不适用了。总结我们的新经验,巩固我们的新胜利,反映我国人民坚持无产阶级专政下继续革命的共同愿望,就是我们这次修改宪法的主要任务。

二十年来,我国人民的新胜利,最主要的,就是在毛主席为首的中国共产党领导下,逐步地巩固和发展了社会主义制度。经过同国内外敌人的反复较量,特别是经过八年来的无产阶级文化大革命,粉碎了刘少奇、林彪两个资产阶级司令部,我国各族人民空前团结,无产阶级专政空前巩固。更为重要的是,在这个斗争过程中,毛主席根据马克思列宁主义普遍真理同具体实践相结合的原则,为我们制定了一条整个社会主义历史阶段的基本路线。毛主席说:“社会主义社会是一个相当长的历史阶段。在社会主义这个历史阶段中,还存在着阶级、阶级矛盾和阶级斗争,存在着社会主义同资本主义两条道路的斗争,存在着资本主义复辟的危险性。要认识这种斗争的长期性和复杂性。要提高警惕。要进行社会主义教育。要正确理解和处理阶级矛盾和阶级斗争问题,正确区别和处理敌我矛盾和人民内部矛盾。不然的话,我们这样的社会主义国家,就会走向反面,就会变质,就会出现复辟。我们从现在起,必须年年讲,月月讲,天天讲,使我们对这个问题,有比较清醒的认识,有一条马克思列宁主义的路线。”党的九大、十大都再次肯定了这条基本路线。我们同刘少奇、林彪的斗争,集中到一点,就是坚持这条基本路线,还是改变这条基本路线。历史的和现实的阶级斗争都证明,这条基本路线是我们党的生命线,也是我们国家的生命线。只要我们坚持这条基本路线,我们就一定能够克服一切困难,战胜国内外敌人,夺取更大的胜利。这就是我们的主要经验,也是我们这次修改宪法的指导思想。

现在提出的这个修改草案,是一九五四年宪法的继承和发展。它是经过全国各族人民反复讨论产生的,是领导机关的意见和广大群众的意见相结合的产物。序言是新写的。条文从一百零六条,缩减为三十条。重要的修改,有以下几点:

(一)修改草案从序言开始,记载了我国人民英勇奋斗的光辉历史。“中国共产党是全中国人民的领导核心”,“马克思主义、列宁主义、毛泽东思想是我国指导思想的理论基础”,就是我国人民从一百多年来的历史经验中得出的结论,现在写进了修改草案总纲。草案规定:“全国人民代表大会是在中国共产党领导下的最高国家权力机关”,又规定:“中国共产党中央委员会主席统率全国武装力量”。由于不设国家主席,草案对一九五四年宪法关于国家机构的规定,作了相应的修改。这些规定,必将有利于加强党对国家机构的一元化领导,符合全国人民的愿望。

(二)修改草案规定:“中华人民共和国是工人阶级领导的以工农联盟为基础的无产阶级专政的社会主义国家。”规定各级人民代表大会以工农兵代表为主体。又规定了无产阶级专政的对象和政策。在伟大的革命群众运动中涌现的政社合一的农村人民公社和实行革命三结合的地方各级革命委员会,也分别写进了修改草案。这样,就明确地规定了我们国家的阶级性质,各个阶级在我们国家的地位。马克思、列宁一贯教导我们:“阶级斗争必然要导致无产阶级专政”,“无产阶级国家是无产阶级压迫资产阶级的机器”。我们的草案,坚持了马克思列宁主义的这一原则立场,同孔老二的什么“仁政”,同苏修叛徒集团的什么“全民国家”之类的谬论划清了界限。

我们的无产阶级专政,一是压迫国家内部的反动阶级、反动派和反抗社会主义改造和社会主义建设的分子,镇压一切叛国的和反革命的活动,二是防御国家外部敌人的颠覆活动和可能的侵略。它是我国人民战胜敌人、保护自己的法宝。我们必须很好地爱护它,不断地加强它。我们要加强全国各族人民的大团结,加强无产阶级专政的柱石人民解放军和民兵,加强国家机关的建设。要继续巩固工人阶级和它的可靠同盟军贫下中农的联盟,团结其他劳动人民和广大知识分子,发展包括各爱国民主党派、各界爱国人士在内的革命统一战线。只有这样,才能团结一切可以团结的力量,实行有效的无产阶级专政,保卫社会主义制度,巩固我们伟大祖国的独立和安全。

(三)无产阶级专政,一方面对敌人实行专政,另一方面在人民内部实行民主集中制。没有充分的民主,不可能有高度的集中,而没有高度的集中就不可能建设社会主义。修改草案规定了国家机关一律实行民主集中制,又规定了公民的各项民主权利,其中特别规定了各兄弟民族和妇女的权利。修改草案还规定了人民群众有运用大鸣、大放、大辩论、大字报的权利。同时,根据毛主席的建议,草案第二十八条增加了公民有罢工自由的内容。我们相信,经过无产阶级文化大革命的锻炼,广大革命群众一定能够更好地运用这些规定,“造成一个又有集中又有民主,又有纪律又有自由,又有统一意志又有个人心情舒畅、生动活泼的政治局面,以利于巩固中国共产党对国家的领导,巩固无产阶级专政”。

(四)一九五四年宪法提出的生产资料所有制方面的社会主义改造任务,已经基本完成。修改草案充分肯定了我国人民取得的这一伟大胜利,规定我国现阶段主要有两种所有制,即社会主义全民所有制和社会主义劳动群众集体所有制。修改草案对于非农业的个体劳动者,对于人民公社社员可以经营少量的自留地和家庭副业,也作了规定。这些规定,把坚持社会主义的原则性同必要的灵活性结合起来,同刘少奇、林彪包产到户、取消自留地之类的荒谬主张划清了界限。

修改草案重申了鼓足干劲、力争上游、多快好省地建设社会主义的总路线,规定了一系列方针政策,以巩固和发展社会主义的经济基础。

应当指出,在我们国家,仍然存在着生产关系同生产力之间、上层建筑同经济基础之间,又相适应又相矛盾的情况。我们的社会主义制度,象初升的太阳,还很年轻。它是在斗争中诞生的,也只能在斗争中成长。就拿国营经济来说,有些单位,形式上是社会主义所有制,实际的领导权并不掌握在马克思主义者和广大工人手里。许多阵地,无产阶级不去占领,资产阶级就去占领。孔老二死了两千多年,无产阶级的扫帚不到,这类垃圾决不会自动跑掉。修改草案关于“国家机关和工作人员,必须认真学习马克思主义、列宁主义、毛泽东思想”,“无产阶级必须在上层建筑其中包括各个文化领域对资产阶级实行全面的专政”,以及国家机关、国家工作人员必须密切联系群众、纠正不正之风等项规定,就是要我们十分注意抓上层建筑领域里的社会主义革命,注意解决生产关系方面的问题。我们一定要把正在开展的批林批孔运动普及、深入、持久地进行下去,用马克思主义占领一切阵地。

(五)根据毛主席关于深挖洞、广积粮、不称霸的教导,我们将“中国永远不做超级大国”写上了修改草案,表示我们国家今天不称霸,永远不称霸。无产阶级只有解放全人类才能最后解放自己。我们要永远同全世界各国人民团结在一起,为在地球上消灭人剥削人的制度,使整个人类都得到解放而共同奋斗。

各位代表!

修改宪法的工作,已经进行了将近五年。这次大会将要完成这项工作,公布新的中华人民共和国根本法。这是一件值得我们热烈庆祝的大事。长期以来,为了争取和捍卫人民民主和社会主义权利,为了粉碎高岗、饶漱石、彭德怀、刘少奇、林彪妄图对内复辟资本主义、对外投降卖国的阴谋,为了战胜国内外反动派,我国人民进行了尖锐复杂的斗争,成千成万的烈士献出了自己的生命。正是这些斗争的胜利,产生了这个社会主义宪法。我们相信,全国各族人民,首先是共产党员和国家工作人员,一定会认真地执行这个宪法,勇敢地捍卫这个宪法,把无产阶级专政下的继续革命进行到底,保证我们伟大的祖国永远沿着马克思主义、列宁主义、毛泽东思想指引的道路胜利前进!

(新华社一九七五年一月十九日讯)
  
  
  

 
 
顶端 Posted: 2007-10-06 09:15 | 2 楼
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