China constitution belongs to the law or politics?
Created:
/Author:
Aaron Lewis
China constitution belongs to the law or politics?This is a theoretical and practical problem.Based on my knowledge and ability, can only make a brief response.
Administrative subjects for a teacher from Wuhan University, is said to come, this person a little cow.The first class asked us a question like this, all of a sudden we have asked for.Read the three years of university legal science specialized, you always think China constitution is the law, which is formulated by the Chinese legislature, the National People's Congress law, is the basic law of China law, is the most superior authority of law, is the foundation and guarantee of all other laws and regulations, enjoy the legal status of Supreme the.In view of this, there is no doubt that belongs to the state constitution legal category.
However, through teacher's instruction, I understood, the constitution largely belongs more to political category, representing the national political.Firstly, legislation should reflect the principle of democracy, the National People's Congress is the legislative body of China, the National People's Congress of the people of the whole country will establish constitution, and the constitution as the basis for other laws and regulations through other means (such as the formulation of administrative regulations, local people's congresses formulated local regulations), regulations (such as ministries and departments rules and regulations, local governments to develop local government regulations), and other normative documents, so as to constitute China's huge legal system.Therefore, the development of other laws and regulations is based on the constitution, it is extremely important.The problem is, our Constitution also on what basis?With what to protect?The will of the people?People will believe that the National People's Congress?Or, in violation of the Constitution and how to do?Now there is a system called the constitutional supervision system, but this system really can output?Questionable!If, I only if, the constitution represents the will of the ruler, on behalf of the political power, then according to the constitution of other laws also have this property?!But in the realistic society we have to think about the Constitution and the national politics has really get along swimmingly with each other, are hard to distinguish from each other!Such a democracy not useless?This method is not deceive oneself and others?Secondly, in the legal system of our country, the legal group, the highest status is the constitution, can understand, the constitution has the supreme status of supreme commander, which all other laws, any law shall not contravene the constitution, otherwise it shall be invalid!Isn't this reflects the political constitution?This isn't another way to convey such a message?That is, in the law of the country, the constitution is the king, is the ruler, is political power control.I think, everyone is equal before the law is the premise of the law itself should be equal, that is to say whether the constitution or laws in general, as long as the legal effectiveness, they have and enjoy the position should be equal, non discriminatory, and should not be the law, should not in the legal world. Has been artificially transformed grade!
In view of this, the Constitution also really showed very strong political nature, it is a legal political!