This thesis is a legal historical analysis of the constitutional history of China. There are two main focuses: the institutionalization of power, the institutional construction of the state and the guarantee of human rights. In this context to analyze it is essential the relation between the written constitution and its implementation, in other words the constitutional reality.During the analyzed period, there have been many severe political ruptures and revolutions. Beside the different forms of state (Empire, Republic, Peoples Republic) the country saw a rapid change in governmental systems: monarchy, democracy, dictatorship, the Guomindang governance and the real socialist ?people?s democratic dictatorship?. All of them produced genuine types of constitutions, of which the ?Five-Power-Constitution? of the Guomindang is very interesting, because there exists no comparable model in Europe. The socialist constitutions were modeled on the constitution of the Soviet Union. Later during the ?Cultural Revolution? (1966-1976) and after that during the liberal counterrevolution of Deng Xiaoping (since 1980) the constitutions developed their own Chinese characteristics. The thesis consists of four Chapters: after a short theoretical introduction on the meaning of the terms: state, constitution, human rights, etc., there are three sections on the Empire, the Republic and the Peoples Republic. They contain a short introduction into the most important political, socioeconomic, ideological developments and as main part the analysis of the constitutional documents of this period. At the end there is a conclusion in which the most important findings of the textual analysis will be concluded. |