The constitution characteristicsSix

Fundamental, the highest authority, programmatic, principle, relative stability,Special punishment

1Fundamental:The most fundamental content regulations, the most important question; the highest effect of formulation and revision of the procedures are more stringent.

2No specific penalties, but not without punishment. TheSanctions are reflected in the: recall, constitutional review, invalidation, cancellation law

(05-13)On the characteristics of the norm of constitution, which of the following statements is not established?

The fundamental principle of B. A.C. no punishmentThe relative stability of D.

Capitalism"The principle of separation of powers"French" Declaration of human rights ":" all right without guarantee and decentralization is not established society, has no constitution"

ConstitutionSpecial effectReflect: 1) all of the law shall not unconstitutional; 2) all government organs, groups, individuals with the highest standards of behavior.

Trap

1 in the unwritten constitution (the state constitution, flexible constitution)With the same legal effect.

The 2 constitution isCivil rightsThe constitution, legal effectMain point: the government, official power owner.

The 3 constitution has the special effect, but also has a general validity: normative, coercive, operability, punishment.

The constitution is the precondition of constitutionalism, constitutionalism is the constitutional practice.

The constitution is a static constitutionalism, constitutionalism is a dynamic constitution.

The constitutional purpose is the purpose of the constitutional government

The Constitution and constitutionalism is the product of the development of commodity economy

(03-45)Which of the following statements about the Constitution and constitutional interpretations, which is right? ABCD

A, the constitution is the Constitution and constitutionalism, constitutionalism in modern B premise to limit state power, the protection of human rights for the purpose of

The supreme authority of C, establishing the constitution is the constitutional embodies the constitutional law and D, modern is the product of the development of commodity economy

American constitution

1789Years. The preface, 7 main body, set between three rights, constitutional procedure, before the government debt, the effectiveness of the treaty, both federal and state laws,No provisions of "basic rights".

American bill of rights

1791YearsFormulate. The 10 amendment to the constitution, a detailed list of citizens' basic rights

The French Constitution

1791YearsFormulate. The preface is the 1789 "Declaration of human rights",First "people's basic rights"

The Russian Constitution

1918YearsFormulate. The second chapter provides"The fundamental rights of citizens". The first socialist constitution

The constitution of the Republic of China

1921YearsFormulate, Cao KunConstitution of briberyThe fourth chapter"The fundamental rights of citizens"

(06-08)Generally speaking, effective protection of the provisions of the state authority to act and civil rights should be the two aspects of basic content of the constitution. Which of the following constitution does not specify the basic rights of citizens?

A.1918 years of "constitution" in RussiaB.1789 years USA "constitution"

C.1791 years of "the French constitution" D.1923 year "constitution of the Republic of China"

The development trend of modern constitution:1) the central administrative power, strengthen economic and cultural system; 2) content increased; 3) basic civil rights protection enhancement; 4) specialized agencies supervising the constitution into trends; 5) into the trend of international.

"The Scripture for the people, the central special sent monks" [the Tang Priest]

1908

"Imperial constitution outline"

Chinese historyThe first constitutional documents

1911

"Nineteen major tenets"

The last part of the Qing governmentConstitutional document

1912

"The provisional constitution of the Republic of China"

The first part of bourgeois propertyThe only asset class, "constitution of the republic"

1913

"The draft constitution of Tiantan"

The government firstDraft constitution, democracy, limited Yuan Shikai, failed to implement

1914

"Republic of China Constitution"

Yuan Shikai set, destroy democracy, safeguard autocratic president. Very reactionary

1923

"Chinese of Republic of China Constitution"

"Democracy" safeguard autocratic, Cao "constitution of bribery"

1931

"Outline of China Soviet republic constitution"

The first "people's democratic dictatorship"Constitutional document

1936

"Draft" constitution of the Republic of China

The five five draft Constitution: the one party state, presidential power, the surface of democracy, substantial autarchy.

1947

"The constitution of the Republic of China"

As democratic dictatorship, maintenance

1949

"The Chinese people's Political Consultative Conference China common program"

The new democratic nature

1954

"People's Republic of China Constitution"

1975, 1978, 1982The three amendment.

The form of classification

Classification criteria

Definition

The written constitution and unwritten constitution

The form of the constitution is a unified code

The written constitution is aUniform codeThe form of the constitution, is sometimes called a written constitution or the constitution, its most notable feature is the legal document is as clear as the constitution, are called the.

The unwritten constitution refers to code form has no uniform, butScatteredIn all kinds of legal documents, constitutional jurisprudence, constitutional convention constitution. The most notable feature is the unwritten constitution, although various legal documents have not been dubbed the constitution, but plays the function of constitution.Britain.

Rigid constitution and flexible constitution

The legal effect and the modified program

Rigid constitution refers to the formulation, authority and the procedures to amend the constitution is different from the general law. Generally there are three cases:

The drafting or revising the constitution authority is not the ordinary legislature, but often is the establishment of the special organ

To formulate or amend the constitution procedure is strict to the ordinary legislative procedure

The special organs according to the special program for making modifications

Flexible constitution refers to the formulation, modification of the organs and procedures with the same general legal constitution.

Imperial constitution, constitution made by the people, the agreement constitutional

The main constitution of the different

Imperial constitution refers to the monarch or in the name of the monarch has formulated and promulgated the constitution. Such as the promulgation of 1814 French king Louis the eighteen constitution in 1848, Italy Sardinia King Albert constitution promulgated in 1889, Japanese emperor Meiji, the Qing government promulgated the Constitution in 1908 of the "imperial constitution outline".

Farmers constitution refers to the public authorities or formulated by the referendum constitution.

The agreement constitutional is set by the negotiation representative organ of constitutional monarchy and national. Such as the 1215 British "Great Charter", the French constitution of 1830.

The constitution code

Constitution is the vast majority of countries in the form of. The utility model has the advantages of the constitutional form of complete, content is clear and specific, easy to implement, to ensure the relative stability of the constitution.

The Constitution

Law

Constitutional law is to classify the conclusions from the Department of law. It refers to the basic content of one country's constitution is not uniform provisions in a legal document, but by many legal documents show the constitution.

Constitution

Practice

Conventions of constitution is the constitution has no clear stipulation, but already exists in the actual political life, and is generally followed by state organs, political parties and the public, and has the same effect with constitutional habit or custom.

Characteristics of constitutional conventions are mainly three: first, it has no legal form of concrete; two is that it involves the country's most fundamental, the most important problem; three is it rely mainly on public opinion and not force countries to ensure its implementation.

The constitutional convention in the unwritten constitutional state, but the written law countries is not uncommon. It can meet the development and change of the national situation, to make up for lack of the constitution.

Constitution

The case

Constitutional case refers to the provisions of the Constitution does not expressly provided, but by the judicial organs in the trial practice gradually formed and has the constitutional authority.

1,In common law countries, according to the "precedent principle", the Supreme Court and the higher court decisions and become the case because of lower courts hear the basis of similar cases.2,In the written law countries, some of the country's courts have the power to interpret the constitution, so the court in specific cases based on the interpretation of the constitution of are binding on lower courts.

International

Treaty

International treaties are the major sources of international law, but can become the source of law and the constitutional origin, depends on a country's participation and approval.

The structure of the constitutional code

Preface

Most countries in the world have a constitution. Between the preamble to the constitution of the contents of the countries are different, but generally include theThe purpose, objectiveThe basic task and the guiding ideology and goals, the state.

The text

The basic contents of the text include the following aspects: the basic principles of the national and social life; the fundamental rights and duties of citizens and national institutions; the flag, emblem, the national anthem and the capital.

Supplementary articles

The constitution of the annex refers to the additional clause of the Constitution for the specific matters requiring special provisions. Annex is a part of the constitution, its legal effect with the same general provisions, and hasSpecific and temporaryCharacteristic. The constitution of our country non annex. The 2011-22 problem)

Preface

The first chapter outline

The second chapter the basic rights and obligations of citizens

The third chapter

National Institutions

The first sectionThe National People's Congress / The second sectionPresident of the people's Republic of China / The third sectionThe State Council.The fourth sectionThe Central Military Commission /The fifth sectionLocal people's congresses and local people's governments at all levels /The sixth sectionThe organs of self-government of the national autonomous areasThe seventh sectionThe people's courts and the people's Procuratorate

The fourth chapter flag, national anthem, the national emblem, the capital

1The main constituent

The Communist Party of China representedChinese people

The 2 constitution in ChinaThe constitutional authority:A meeting of the first session of the National People's Congress, 1954

3Authorities for revision of the constitution:The National People's Congress

4 modification program

"Often" or 1/5The National People's Congress on behalf of all the proposals2/3Most of the above by (general laws and bills,MajorityCan the Constitution Amendment)The National People's Congress PresidiumPublish.[1]

The 5 constitution revision history

Three repair (75, 78, 82; six (79) minor repairs, 80, 88-99, 93-04)

The basic strategy

Politics

Economics

88

1Private: Supplement.Protection, guide, supervision, tube

2The right to the use of landIn accordance with the provisionsTransfer the possession of.

93

3The primary stage.

7Market economy"

4The multi-party cooperation and political consultationWill exist and develop for a long time

11TheCounty-levelThe people's Congress of the term from 3 years to5 years.

5"State" to"State-owned economy";

6, "people's communes, agricultural producers' co-operatives" to"The household contract responsibility system";

8, 10"State-owned enterprises" reform "of state owned enterprises";

 9Collective economic organizations operating autonomy

99

12In the long-termThe primary stage,"Deng Xiaoping Theory"

17 The "counter revolutionary activities" is amended as "the crime of endangering national security activities".13 the rule of law

14, 16The non-public:An important part of.Protection, guide, supervision, tube"

15"Rural collective economic organizations implementThe household contract management as the basis,The unifiedThe two-tier management system";

04

18 The Three Represents

19United FrontIncrease"Builders"

25  Special Administrative Region, the minority nationalitiesRepresentatives shall be entitled to appropriate representation"

20The public interest:Expropriation or requisition,Compensation"

24"The protection of human rights"

2627, 29  Martial law: the state of emergency

21The non-public:Encourage, support and guide, supervision, tube"

31 The national anthem.

22"The lawful private property of citizens are not violated.23   "Social security system"

(07-64):According to the provisions of the Constitution and the law, which of the following statements is false? Answer: ACD

AIn 2004, the amendment stipulates "non-public economy practitioners" is "of China's socialist cause builders"(19)

B, the 1999 amendment to the Constitution clearly stipulates the non-public ownership economy is part of the socialist market economy "

CIn 1999, the constitutional amendment that country to protect the lawful private property of citizens the right to inviolability to write into the Constitution(04, twenty-second)

DIn 1988, amendment to the Constitution clearly stipulates the collective ownership of land can be leased or transferred(land use right)

(05-58):Under the 2004 "people's Republic of China constitution amendment", the relevant countries to implement the individual economy and other non-public economic policy statement, which is right?

A. state administrative management, guidance, help and supervise the individual economy(82 years)

The B. state of the individual economy, private economy and exercises guidance, supervision and management(99 years)

C.The State shall encourage, support and guide the development of non-public economy in D. countries of non-public economy shall carry out supervision and management

(06-59):"People's Republic of China constitutional amendment" second, Twentieth respectively in section fourth, third paragraph tenth of the constitution was modified. On these changes, which of the following statements is true? Answer: AD

A.The land use rights can be transferred according to law

B. confirmed that the state of land ownership and land use rightsThe control power

C. banned by the sale, lease, or other forms of illegal transfer of land(this is not modify the content, is the original content)[2]

D.The state of public purpose and compensation compulsory expropriation or requisition of land

Doggerel:"88 years, is a dragon, the private economy is a complement. CountryProtection regulationThe use of the land, can turn".

93YearsThis animal year, is in the early stages,. Reform and opening up building characteristics, implement market engage in cogeneration. State to state, legislative regulation by macro.County People's Congress, 3 to 5The Chinese people's Political Consultative Conference, under the long development.

99YearsIn the early stage, the task is difficult, long term.Deng LunGuidelinesMarketFirst, public have Qi development. Distribution according to work is dominant, other distribution is not difficult. The contract is the foundation, unified management right. Private non significant,The protection of private lead supervision.The rule of lawConstruction of national,Harm national securityThe play yan.

　04 yearsTalk about human rights, political, physical essence, Qi development. Citizens' lawful Mo violations, expropriation and requisition for money. Private private protected,Encourage and support the draft regulation.The Township People's Congress, 3 to 5Delegates, sar. Respected, to talk about human rights, security system to improve. The United Front by members, all built socialism. President for state,State of emergencyNonEnforce martial law. Three representatives from the world, sing the National Anthem million years.

Interpretation of the Constitution

Security system implementation of the Constitution

Legislation

Organ

Execution

All originated in the United Kingdom

According to the legislative process

The socialist country by the legislature safeguard constitution implementation

Our country."Often" has the power to interpret the Constitution

The National People's Congress and its Standing CommitteeSupervise the implementation of the Constitution

Judicial

Organ

The judicial organs in accordance with legal procedures and interpretation of the Constitution --From AmericanAt present, more than 60 countries have adopted

1803.The case of Marbury v. Madison", judge Marshall:"Constitutional law is not law "," interpretation of constitution is the duty of judges"

Special

Organ

Execution

The specialized agencies, in accordance with the constitution set up special powers:The constitutional court, the Constitutional Council, constitutional courtEtc.

The earliest advocates: Hans Kelsen Austria

In 1799 the French constitution"Law of the Senate"," law of the Senate "may revoke the unconstitutional law

"Judicial activism", take the initiative to review

Oh, the west, Germany, Italy, Russia: the constitutional court, the Constitutional Council; method: han. More and more of the specialized agencies

Security mode

Prior reviewAndPost review

The incidental review(the trial case review process) andConstitutional complaint

To supervise

Afterwards supervision

The contents of supervision

Supervision organ

Supervision means

Supervision organ

Supervision means

Autonomous Region

Autonomous Regulations

"The"

Not approved

The National People's Congress

Revoke

Shall not violateThe law or the administrative regulationsThe basic principles, not toThe Constitution and the law on Regional National AutonomyProvisions and otherThe relevant laws, administrative regulations, specifically on the ethnic autonomous areasThe provision made make flexible provisions

Autonomous Prefecture

, autonomous

The county autonomy

Laws and regulations

At the provincial level

The Standing Committee of the NPC

Not approved

"The"

The provincial people's Congress

The NPC Standing Committee has the right to cancel contravene the Constitution and the lawAdministrative regulations, have the right to cancel the province, autonomous region, municipality directly under the central government, the NPC Standing Committee approved violate the Constitution and legislation law provisionsAutonomous regulations and separate regulations

A large city

Methods

Gauge

People's Congress of the province, autonomous region, municipality directly under the central government shall have the right to change or revoke its Standing Committee have formulated and approvedLocal laws and regulations is not appropriate

Authorized legislation

Authorized organs

To cancel or

Revocation decision

The scope of authorization

The authorized purpose

1, state system:People's democratic dictatorship. Characteristic:The multi-party cooperation and the patriotic united front.

The patriotic united front led by the Communist Party of Chinese, the democratic parties and people's organizations, includingAll socialist laborers, the builders of the socialist cause, patriots supporting socialism and who support the reunification of the motherlandThe broad political alliance. The United Front organization:The Chinese people's Political Consultative Conference

The Chinese people's Political Consultative ConferenceNo state organ.Different from the general people's organization, is to develop socialist democracy and realize the important form of Party supervision.

2, government:The system of people's CongressOur countryFundamental political system. Comparison: ChinaThe basic systemSocialist system.

The people exercise power organ is theThe people's Congress.A bicameralBy itProduce, responsible to it, subject to its supervision.

The basic economic system

Public

System

Ji

IncludeEnterprises owned by the whole people,Economy of collective system of ownershipAnd the mixed ownership economy inThe state-owned and collectively owned elements

The public sector of the economyIs our country socialist market economySubject.State-owned economyIn the national economyThe leading force. The state ensures the consolidation and growth of the state economy, implementation of the collective economyEncourage, guide and help

The main body position of state ownership is also reflected in the natural resources owned by the state and collective ownership

Mineral, water, city landBelonging to the state Property Law: [sea]

House sites and private plots, hilly, belong to the collective

Forests, mountains, grasslands, uncultivated land, beaches and otherNatural resources, which are owned by the state, also belong to the collective prescribed by law

Agricultural economic collectives in theThe pond, the water in the reservoir, belong to the collective

The non-public

System

Economics

The individual economy, private economy and foreign funded enterprises and other forms of

The law within the scope of the individual, private economy and other non-public economy is the socialist market economyAn important part of

The State encourages the development, support, guidance of non-public ownership economy, and the non-public sectors of the economy in accordance with the law, supervise and management

The unitary system

A constitution, a central state organs, the central is the only foreign body, only the people of a nationality

Federalism

Federal member decentralization by the constitution, allowing its members and foreign signed the agreement on certain aspects of the

Determinants of the form of state structure: the mainThe ruling class's political needOther.Ethnic factorsAndHistorical factors

China is a unitary state structural

The reason China unitary system

The historical reason; has a unitary system of long-term historical tradition

The national cause: ethnic distribution mixed, small communities and ethnic fusion

The characteristics of China's unitary system

The system of regional ethnic autonomy to solve the ethnic problems

Implementation of the system of Special Administrative Region to solve problems left over by history

The authorities

Right   Limit

The National People's Congress

The approval of the provincial, autonomous regions and municipalities directly under the central government

The State Council

Regional division of the approval of the provincial, autonomous region, or municipality directly under the central government

To approve the establishment and geographic division of Autonomous Prefecture, county, Autonomous County, city

The people's government at the provincial level

Decide on the establishment and regional division of townships, nationality townships, the town of

According to the State Council authorized examining and approving County, city, city areaPart of the administrative region boundaries change

Agencies of the local people's Government

1 provinces, autonomous region people's government, when necessary, may set up a number ofAdministrativeAs its agencies, approved by the State Council as its agencies.

2 County, Autonomous County People's government when necessary, may set up a number ofDistrict OfficeAs its agencies, theProvince, autonomous region, or municipality directly under the central governmentApproved by the people's government.

The people's Government of 3 city districts, city not divided into districts, can set up a number ofOffice of the streets[3]The people's government at the next higher level(municipal government)Approved as its agencies.

Autonomous mass organizations at the grass-roots level

[establishment, village committee of the revocation, range adjustment, put forward by the people's Government of a township, nationality township, town, theThe villagers ConferenceTo discuss agreement, approved by the people's government at the county level

[Residents' committeeThe establishment, cancellation, scale adjustment, byCity not divided into districts, municipal districtsPeople's government]

One, National

Regional

Autonomous

System(you can)

Autonomous Areas

Autonomous regions, autonomous prefectures and autonomous counties (Autonomous Banner).Ethnic townships are not ethnic autonomous areas

The organs of self-government

Autonomous regions, autonomous prefectures and autonomous countiesThe people's Congress and the people's Government.

Does not includeNational autonomous areasJudicial organs and procuratorial organs

Autonomous machine

Guan Renzhi

Staff

National characteristics

National autonomous areasThe Standing Committee of the NPCIn the,There shall beThe implementation of ethnic regionalAutonomous Minority CitizensThe chairman and vice chairmen

National autonomous areasThe people's government at the leadershipMust be the implementation of ethnic regionalNational AutonomyCitizens of the

1 to formulate autonomous regulations and separate regulations

1) autonomous areasThe people's CongressA power systemAutonomous regulations and separate regulations;

2.Autonomous RegionThe autonomy regulations and specific regulations formulated, newspaperBy the National People's CongressAfter the entry into force;

3.Autonomous Prefecture, Autonomous CountyThe autonomy regulations and specific regulations formulated, newspaperThe approval of the provincial or autonomous region people's Congress Standing CommitteeAfter the entry into force, and reportThe NPC Standing Committee for the record.

2According to the actual circumstances of the local nationalities, the implementation of national laws and policies. State organs at higher levels of resolution, decisions, orders and instructions, such asNot suitable forThe actual conditions of the autonomous areas, autonomous organs can be approved by the state organ at a higher level,Flexible execution or suspension of execution; the state organs at higher levels shall upon receipt of the report date60 daysReply.

3Self management of local finance;4Local economic construction of independent management

5Self management education, science, culture, health, sports.6The use of the national language of autonomy

2011-87Question: the autonomous region, autonomous prefectureThe organs of self-governmentAnd foreignFor science, education, art exchangeAutonomous County, can not.

7Organization of public security forces. National autonomous areas according to the national military system and the local actual needs,Approved by the State Council, can organize local public security forces.

Point one

The central

And

Special

Don't

That's ok

Zheng

District

The

Guan

System

The people of the whole country

Congress

Decides that the Special Administrative RegionEstablishment and system

To formulate and modifySpecial Administrative RegionThe basic lawExclusive right.

(The Standing Committee of the NPC has no right to modify, 2011-26)

The basic lawModify the proposal rightBelong toThe NPC Standing Committee, the State Council and the Special Administrative Region

Whole country

The National People's Congress

Standing Committee

The basic law

The power of interpretation

Interpretation of SAR

District CourtAccording to the provisions of the basic law alsoCan the interpretation of the basic law

The court of final appeal of the SARHave the right to askPleaseWhole countryThe NPC Standing Committee to explainThe basic law

Special legislation

The record review right

The SAR Legislative Council enacted the lawAs long as the National People's Congress for the record

The NPC Standing Committee that the SAR Legislative Council enacted the law problem,Can be returned, but cannot be withdrawn.

By the NPC Standing Committee law returned by theSince the date of failure sent back immediatelyIn generalHas no retroactive effect.

The SAR intoState of emergencyDecision

The State Council

Responsible for the management and the relatedForeign affairs;Management ZoneDefense

AppointmentChief executive of the Special Administrative Region and other major administrativeThe appointment of officialsMacao people's ProcuratorateAttorney general

Chief executive of the Special Administrative Region

Chief executive of the special administrative region is the chief, on behalf of the special administrative region.

Responsible for the Central People's government and the hksar.

The chief executive by election or consultations at the local,Appointed by the Central People's Government.

By the SAR at the age of40 years of ageIn the zoneContinuous residence for 20 yearsOf, and inWithout the right of abode in foreign countriesThe (Chief Executive of Macao no such requirement),Permanent resident zoneIn theChina citizensTo serve as.

The chief executive's Resignation: (1) because of serious illness or other reasons is unable to perform his duties; (2)Because of the two refused to sign a bill passed by the Legislative Council and dissolve the Legislative Council, the new Legislative Council still to substantiate three points by the original bill in dispute, but still refuses to sign (3.Because of the Legislative Council to dissolve the Legislative Council passed a budget or any other important bill, the new legislative will continue to refuse to pass the original bill in dispute.

The HKSAR Government

The SAR government will be responsible for legislation

The SAR Legislative Council

The SAR Legislative Council district. Hongkong legislators elected in Macao, the majority of its members shall be elected.

The members by HKSAR permanent residents (Can be non Chinese nationality; the right of abode in foreign countries may). But the Hongkong Legislative CouncilNon China nationality and right of abode in foreign members, the proportion of not more than all the members of the Legislative Council20%.

The president of the legislative council:At least 40 years of age(the Macao legislative council vice chairman, no such requirement), usually living in D.C.For over 20 years(the Macao legislative council vice chairman, requirements are usually live for 15 years in succession in Macao),And with no right of abode in foreign countries(the Macao legislative council vice chairman, no such requirement)Permanent residentsIn theChina citizensTo serve as.

Judicial organs

Hongkong's judicial organs by the Hongkong Special Administrative RegionThe court of final appeal, the High Court (court of appeal and the court of first instance set), district courts, magistrates' courtsBy the Department of justice, and in charge of the criminal procuratorial work.

Macao's judicial organs by the court, the District of Macao intermediate court, the primary courts, administrative courts and procuratorates.The administrative courtHave jurisdiction overAdministrative and tax litigationCourt. Refuses to accept the administrative court,But to the court of appeal. The independent exercise of procuratorial functions Procuratorate law, attorney general in charge of the criminal procuratorial work. The long held by Macao China citizens who are permanent residents of the.

Judge: the judge appointed by the chief executive. (1) the court of final appeal of the Hongkong special economic zone and the high courtChief JusticeIn foreign countries, shall be no right of abode in the Hongkong Special Economic ZonePermanent residentsChinese citizens as. The District of HongkongJudges of the court of Final AppealAndThe chief judge of the high courtAnd his appointment, in addition to the above conditions, theThe chief executive of the Legislative Council and the consent, reported to the NPC Standing Committee for the record.(2) in Macao, in accordance with the standardForeign judgeMay also be employed. And removal of judges of the court of final appeal of the Macao appointed, shall be reported to the NPC Standing Committee for the record.