Repair open education undergraduate course "constitution" the final exam key tips

  "Constitutional" review information including: teaching material -- The Open University of China press in 2004 August edition, Jiao Hongchang editor of "constitution", "people's Republic of China Constitution" regulation text, and other network data, information, unit teaching assignments. Teachers should combine the 1988, 1993, 1999, 2004 and four amendments to the Constitution in the process of teaching, all updates to the amendment shall prevail, particularly note the focus of the 2004 amendments.

Examination questions:

    Multiple choice questions (2 points for each question, 20 in total)

1,Multiple choice questions (2 points for each question, 10 in total)

2,Fill in the blanks (each 1 points, a total of 15 points)

3,Short answer questions (8 points for each question, 24 in total)

4,Explanation of nouns (4 points for each question, 16 in total)

5,Questions (15 points)

First chapter

1, the constitution as the main characteristics of the fundamental law of the state, the fundamental difference between that and the general law of

The provisions of the 1 constitution, the content and the common law of different content.

The contents of the constitution is the fundamental principle of the society and the state system and the fundamental principle that (the most fundamental, the most important problem in national life), is a "fundamental law", "Supreme Court", "parent law". And a common law only relates to social life, is the "basic law", "common law", "method".

2, in the force of law and common law is different (the highest constitutional legal).

Compared with the common law, the constitution has the highest legal effect: is the basis and foundation of making common law; common law, administrative regulations and local regulations may contravene the constitution; and the people of all ethnic groups, all state organs, armed forces, political parties and social organizations, enterprises and institutions must take the constitution as the basic standard of conduct.

3, in the formulation and revision of the program is different from ordinary law (strict constitution, modify the program).

The constitutional amendment, proposed by the representative of the National People's Congress Standing Committee or more than 1/5 of the deputies to the National People's Congress, and through the majority of the 2/3 National People's congress.

General legal modification by the National People's Congress Presidium, the NPC Standing Committee, the special committees of the NPC, the State Council, the Central Military Commission, the Supreme People's court, the Supreme People's Procuratorate and the National People's Congress, a delegation of 30 people or more representative, can put in motion, and only to the National People's Congress on behalf of more than half of the can.

Note: if this problem is the short answer questions, as long as the answer to the three outline on it

2, the provisions of our ConstitutionThe constitutional amendment procedure

Answer: third points.

3, the concept of constitution

Answer: the constitution is the law of fundamental problems of one country, the legislation of democratic system, embodies the interests and will of the ruling class, with the highest legal effect, reflecting the political power the contrast between the fundamental law of the state.

4, the meaning and characteristics of constitutional norms

Answer: Meaning: the constitution refers to the adjustment of constitutional relation, has the legal effect of constitution

Characteristic.

(1) the constitution is the highest law.

(2) of the Constitution and the general inclusive.

(3) the sanctions of constitutional norms with special form.

Interpretation of the constitution, and supervision of the 5 WorldThe three system typesChina's constitution, amendment and supervision mechanism

Answer: the world has three kind of constitutional interpretation:

A parliamentary system of interpretation (legislative interpretation system, such as the UK). Our country is the Standing Committee of National People's Congress to interpret the constitution.

The two is the court interpretation system (judicial interpretation system, such as American).

The three kind is by a specific authority to interpret the constitution, such as the constitutional court or constitutional committee.

Our constitution is amended as the National People's Congress to amend, supervision at the National People's Congress and its standing committee.

To supervise the implementation of 6, our country constitution system

(1) in the Constitution clearly stipulated in the constitution is the fundamental law of the state

(2) the implementation of the National People's Congress and its Standing Committee to oversee constitutional; Standing Committee of National People's Congress has the authority to interpret the constitution.

(3) the special committee of the National People's Congress established to assist the highest organ of state power exercising supervising the implementation of constitution authority.

(4) the current constitution established a complete set of constitutional supervision system, in order to ensure the uniform implementation of the constitution.

The second chapter

1, the British constitution,American constitutionThe French constitution, representative of the world history in the Constitution

Note: the history of the world three first

    The unwritten constitution ancestor -- the British constitution

   The first written constitution -- America constitution

Europe's first written constitution -- the French Constitution

In 1982 2, the four amendment to the constitution content

After the founding of P. R. China has an interim constitution and the four constitution:

"China people's Political Consultative Conference common program" -- on a provisional constitution.

The constitution of 1954 -- the first constitution of the new China;

The constitution of 1972;

The constitution of 1975;

The constitution of 1982 -- the current constitution

A total of four Amendment: 1988, 1993, 1999, 2004, the four amendment content.

The 1988 Amendments: mainly remember "land use rights can be transferred according to law".

The 1999 Amendments: mainly remember "Deng Xiaoping theory will be written into the constitution"; "the people's Republic of China to implement the rule of law, building a socialist country ruled by law"; "during the primary stage of socialism, adhere to the basic economic system in which public ownership as the main body, various kinds of ownership economy develop jointly, hold to distribution according to work as the main body, a variety of modes of distribution coexist"; "the rural collective economic organizations in the implementation of the household contract management as the basis, the double management system".

The 2004 amendments:

"In the Marx Lenin doctrine, Mao Zedong thought, Deng Xiaoping Theory" is amended as "Lenin" in Marx, Mao Zedong thought, Deng Xiaoping Theory and the'Three Represents'Under the guidance of";

Two civilizations is amended as "material civilization,The political civilization"Three civilization and spiritual civilization;

"The state protects the lawful rights and interests of individual economy, private economy and other non-public sectors of the economy, developing countries to encourage, support and guide non-public economic, and the non-public sectors of the economy in accordance with the lawSupervision and management".

Perfect the National People's Congress is composed of deputies to the National People's Congress to "by the provincial, autonomous region, or municipality directly under the central government,Special Administrative RegionRepresentative and the army selected ".

The amendment will Township, Town People's Congress term from 3 years to5 yearsThe people's congresses at all levels, the term agreement.

The third chapter

1The nature of our state, theThe provisions of the Constitution

In constitutional law, the nature of the country generally refers to the Constitution and constitutional norms fundamental attributes in the political, economic and cultural aspects of a country and reflect and the country's social system.

In 1982 clearly stipulates that "the people's Republic of China is the people's democratic dictatorship led by the working class, and based on the worker peasant alliance of socialist countries".

 

2, the people's democratic dictatorshipIn essence is the dictatorship of the proletariat to understand

The people's democratic dictatorship and the dictatorship of the proletariat is essentially the same, mainly in the:

1, from the leadership, the people's democratic dictatorship and the dictatorship of the proletariat, is led by the working class of the state power, the working class is by his own party to achieve the leading of the state power, in our country through the Communist Party to achieve Chinese.

2, from the class basis, the people's democratic dictatorship and the dictatorship of the proletariat, is based on the worker peasant alliance.

3, from the national perspective, the people's democratic dictatorship and the dictatorship of the proletariat functions, the internal function and external function. Functions in the internal, the political function is the democracy and the dictatorship of the function, also has the economic and cultural functions, the external function, are charged with defending the country against foreign invasion, and the maintenance of world peace, development and international cooperation of the task.

4, from the historical mission, the people's democratic dictatorship and the dictatorship of the proletariat historical mission, is to develop the productive forces, eliminate exploitation, eliminate exploit class, the realization of communism.

3The patriotic united front, the understanding and part (note2004Years of modified)

In China under the leadership of the Communist Party of new period patriotic united front, the democratic parties and people's organizations, including all socialist laborers, the builders of the socialist cause, patriots supporting socialism and who support the reunification of the motherland and political alliance, is one of the important content of our people's democratic dictatorship.

4Chinese, people's Political Consultative Conference Agenda -- the principle of democratic consultation

5China, the multi-party cooperation system's connotation (political)

China Communist Party is the core of leadership of the socialist cause, is the ruling party, the democratic parties, the Communist Party leadership Chinese on each democratic party is the political leadership, namely political principle, political direction and major principles and policies of the leadership. "Long-term coexistence, mutual supervision, be in perfect sympathy with each other, sharing weal and woe" is the basic principle of cooperation.

The fourth chapter

1The concept and classification, organizational form of regime

The state political power organization form, also known as polity, refers to a specific social ruling class for the management of social regime organizational form, it is an important aspect of national form.

A variety of constitutional monarchy, democratic republic. The monarchy is divided into two yuan of constitutional monarchy and parliamentary constitutional monarchy; Democratic Republic is divided into the Democratic Republican presidential system and the parliamentary democratic republic

2The concept, the fundamental political system

The political system: means the ruling class to achieve political power organization form and the relevant system. Such as the national political organization form, structure form of the state and the electoral system, the civil service system, autonomous system. Among them, the political power organization form is the political system and the core of the main part, therefore is called the fundamental political system.

3In our country, the people's Congress system is China's fundamental political system

The system of people's congresses, is the product of China people's revolutionary and creative, is the concrete application of Marx's theory about political system in the Chinese. It is a form of regime for Chinese conditions.

The people's Congress system is China's fundamental political system performance:

Rule 1, our present constitution: "all power in the people's Republic of China belongs to the people". This is the core content and basic principle of China's state system, and the system of people's Congress is the basic principle to realize the core content of the organization". All levels of people's Congress is the highest organ of state power.

The system of people's Congress, fully and comprehensively reflect the class nature of China's regime has class foundation, wide range of each class, each class, each party, each ethnic group has a certain position in the government.

The system of people's congresses, not to other systems as the basis, can create a variety of other system. It is not based on any other system is founded, in social development practice was founded, it was set up, has become the foundation and basis for the establishment of the system of other countries.

The fifth chapter

1The concept, to vote and to stand for election

The right to vote is that citizens enjoy the elected people's representative or some state leaders right.

The right to be elected is that citizens enjoy the elected representatives of the people or some state leaders right.

2The principle of democracy, the electoral system of China

Principle of universal suffrage

The principle of equality and the right to vote

Direct election and indirect elections and with the principle of

The secret ballot

Supervise and dismiss voters on behalf of the principle

The principle of material security and legal protection of election

3,Redistricting and voting rules

Direct elections to the redistricting. District can press live divided, can be divided according to production units, institutions, units of work. The size of the District, according to each constituency choose one to three deputies division.

In a direct election, more than half of the voters to vote, representative of the electorate candidates to vote more than half of the votes to be elected.

The sixth chapter

1The concept, the form of state structure

The form of state structure: the state of the internal structure, namely the relationship between the whole and the part, between the central and local.

2In our country, take the form of national institutions unitary system

(1) from the historical factors, China from 221 BC, Emperor Qinshihuang United China, began to form a unitary multi-ethnic country with Han as the main body, including minorities.

(2) the factors from the development of ethnic relations, the long-term unified China, although the Han rulers oppress the minority people, the rulers of minority oppression of the Han people, the people of all ethnic groups also have a mutual exchange, friendship, fusion.

(3) from China's ethnic composition and distribution of national situation, to establish a unitary state is beneficial to the national unity.

(4) from China Resources Distribution and the unbalanced economic development situation, to establish a unitary state with common prosperity for all ethnic.

(5) according to our country has not been unified and minorities more features, we need to establish its own characteristics with the flexibility of a unitary state.

3The concept, regional autonomy of Minority Nationalities

Regional autonomy for ethnic minorities under the unified leadership of the state, in accordance with the provisions of the Constitution and the law, establish autonomy in the areas inhabited by minorities, regional autonomy is practiced, organs of self-government are established to exercise the power of autonomy, autonomy, the management of the autonomous region of politics system.

4The type, the ethnic autonomous areas

Level three: autonomous regions, autonomous prefectures and autonomous counties

5The organs of self-government of the national autonomous areas

The organs of self-government: autonomous regions, autonomous prefectures, Autonomous County People's Congress and the people's government.

The core autonomy -- the regional national autonomy

(1), autonomous rights to formulate autonomous regulations and separate regulations.

(2), autonomy organization of the local public security forces.

(3), autonomous right arrangement and management of local economic development.

(4), the management of local fiscal autonomy.

(5), the autonomy of local management of culture and education.

(6), autonomy with ethnic minority cadres and cultivating the national talent.

6The concept, and the legal status of the Special Administrative Region

Special Administrative Region is defined in the administrative region in China, according to the provisions of the Constitution and laws of our country, set up a special administrative region with special legal status, the implementation of social, political and economic system of special.

Legal status:

(1) provisions of the basic law of the special administrative region shows, Special Administrative Region of the people's Republic of China is a unitary state inseparable part, is a local administrative region of our country.

(2) Special Administrative Region is a local area has a high degree of autonomy, enjoys executive, legislative and independent judicial power, and the power of final adjudication, different from ordinary local and ethnic autonomous areas.

(3) Special Administrative Region of the regime is the Patriot regime, rather than the people's democratic dictatorship.

(4) Special Administrative Region in accordance with the "one country two systems" principle, do not implement the socialist system and policies, will retain the current capitalist system and way of life, fifty years.

7Provisions of the basic law, Special Administrative Region of the "one country two systems",A high degree of autonomy

(1) the existing political system unchanged in a certain period of time, not the implementation of the socialist system and policies, also do not change in the form of political organization.

(2) the original economic system and way of life in a certain period of time. The private ownership and market economy.

(3) administrative power.

(4) the legislative power.

(5) an independent judiciary.

(6) financial independence.

(7) Special Administrative Region of the Central People's Government in accordance with the scope of authority, responsible for the foreign affairs relating to the basic law.

(8) in addition to fly the national flag, national emblem, can use a special administrative region of the regional flag, emblem.

(9) the other powers of the National People's Congress and its Standing Committee and the Central People's government granted.

The seventh chapter (most and constitutional amendment repeat)

1, our national ownership, collective ownership, economy of individual privately owned of the Constitution: the constitution of seventh, 8,11,16Article

"The state owned economy, the socialist economy under ownership by the whole people is the leading force in the national economy, the state ensures the consolidation of development." (seventh)

"The rural collective economic organizations in the implementation of the household contract management as the basis, the double management system. Rural production, supply and marketing, credit, consumer and other forms of cooperative economy, socialist economy under collective ownership by the working group." (eighth)

"In the range of the individual economy, private economy and other non-public sectors of the economy law, is an important component part of the socialist market economy, the legitimate rights and interests of the protection of individual and national economy, private economy. National implementation of the supervision and management of the individual economy, private economy". (eleventh)

Business management: "state owned enterprises practise democratic management in accordance with the law, through the staff and workers' Congress and other forms of." (Sixteenth)

2, the basic economic system and distribution system in China's constitution:The constitution article6Article

"During the primary stage of socialism, adhere to the basic economic system in which public ownership as the main body, various kinds of ownership economy develop jointly, to the distribution system in which distribution according to work as the main body, a variety of modes of distribution";

3The land use rights, constitution:The constitution article10Article

No organization or individual may encroach upon, the sale or other forms of illegal transfer of land. The right to the use of land may be transferred according to law.

4The provisions, the lawful private property of citizens protection:Thirteenth of the ConstitutionArticle

"The lawful private property of citizens are not violated", "the country in accordance with the law to protect citizen's private property and inheritance rights", "national needs in the public interest, can be imposed on the private property of citizens or requisition and compensation in accordance with the law".

5, socialismThe construction of spiritual civilizationThe basic content

      Scientific and cultural construction and ideological and moral construction.

The eighth chapter

1, citizens andNationalityThe relevant provisions

Citizen: refers to a country nationality.

Acquisition of nationality was divided into birth citizenship and Naturalization two.

Country specific regulations of nationality has roughly the following three different principles:

(1) principle was born

(2) the principle of jus sanguinis

(3) mixed principle. The principle was born, the jus sanguinis principle.

China is also using "mixed system" principle, namely the jus sanguinis and birth landlord righteousness combination principle.

2,Types of basic civil rights and related contentAnd the right to equality,Political rights and freedom of contentThe provisions, the right of personal liberty

The fundamental rights of our citizens are nine

(1) the equal right

(2) political rights and freedom

(3) the freedom of religious belief

(4) the personal freedom

(5) criticism, suggestions, complaints, charges, prosecution and the right to compensation

(6) social and economic rights

(7) the cultural and educational rights

(8) the protection of special rights

(9) the protection of rights and interests of overseas Chinese, returned overseas Chinese and their relatives

Equal rights;

Meaning: is the equality of citizens enjoy the rights, without discrimination, demanding the right to equal protection and the principle of national.

Content:

(1) equal before the law. Refers to the legal practice of equality, namely judicial equality and keep the hooligan equality. State organs in the application of the law, to any protection or punishment, are all equal, should not differ from man to man, should make no exception.

(2) the equality between men and women

The citizens enjoy rights and obligations in areas not affected by the gender equality, implement.

(3) the ethnic equality

Refers to various national regardless of size, advanced and backward, should be fully equal.

Political rights and freedom of content

Political rights: the right to vote and to be elected

"18 years of age of the people's Republic of China, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status or length of residence, have the right to vote and to be elected; however, deprived of political rights according to law except."

Political freedom of speech, press, assembly,: association, parade, demonstration of freedom

The provisions of the personal freedom

The freedom of life is a citizen's basic freedoms, is the citizen to participate in various social activities and enjoy other rights conditions.

The main contents are: the citizen's personal freedom shall be inviolable

The personal dignity of citizens are not violated

Citizens of the inviolability of the residence

Freedom and privacy of correspondence of citizens are protected by law

3, The labor and education of both rights and obligations

4Our basic civil rights and obligations, the characteristics, the focus isThe consistency of the basic right and obligation(this is the two question)

Our basic civil rights and obligations:

Extensive rights and freedom of citizens;

The equality of civil rights and obligations

The reality of civil rights and freedom

The consistency of rights and duties of citizen

The consistency of the basic right and obligation performance:

Citizens enjoy the rights and obligations are unified.

The rights and responsibilities of citizenship itself is dependent on each other.

Certain rights and obligations is a coincidence.

The rights and obligations to promote each other, complement each other.

The ninth chapter

1The concept and characteristics of national institutions

National institutions is the sum of a ruling class of society to achieve its ruling function and set up national management and implementation of ruling function of the state organs. It includes the legislative organs, administrative organs, judicial organs, procuratorial organs and the military authorities.

Features: (1) bright class sex. (2) history. (3) national institutions is a national organization, enjoy special force. (4) national institutions with strict organization system.

2In China, the principle of organization and activities of national institutions

The principle of democratic centralism; contact with the masses, principle of serving the people; responsibility principle; the socialist rule of law principle; principle of streamlining and efficiency.

3, the National People's CongressThe nature and functions,The Standing Committee of the NPC properties, functions and members

The nature of the National People's Congress, the highest organ of state power: the state legislature.

The National People's Congress powers: legislative power; national leaders patronage; right to decide major matters of the state; supervision.

The Standing Committee of the NPC properties; a permanent organ of the National People's Congress, is part of the highest organ of state power, exercise the legislative power of the state is the organ.

Members of the NPC Standing Committee; chairman of the 1 people, vice chairman of some people, the Secretary General of 1 people, a number of members, the chairman, vice chairmen of the Standing Committee shall serve no more than two consecutive

4Properties, composition, and leadership of the State Council

The State Council properties: is the Central People's government, is the executive body of the highest organ of state power, is the highest organ of state administration.

The composition of the State Council: the prime minister, Deputy Prime Minister of state councilor, several people, each minister. Each term of 5 years, the prime minister, deputy prime minister, member of the State Council shall serve no more than two consecutive.

The leadership of the State Council Premier shall assume overall responsibility for the system.

5, the local people's Congress and the local people's GovernmentLegislative authority

The local people's congresses have the constitution, laws and administrative regulations and local regulations to comply with and implement the right to formulate.

The people's Government of the people's Government of the people's governments at all levels of the province, autonomous region, the legislative authority, municipalities directly under the central government and the provincial, autonomous region is located, and large cities approved by the State Council, also can make rules according to the laws and administrative regulations of the state council.

6Autonomous mass organizations at the grass-roots level

The residents committees and villagers' committee is the city residents and rural villagers self-management, self-education, self-service grass-roots mass self-government organizations.

The tenth chapter

1, the main content of Flag Law ""

Our flag is the first plenary meeting in September 27, 1949 China people's Political Consultative Conference by determined, that is our country after the four constitution.

The flag is a national symbol and logo. The national flag China people's Republic of China is a red flag with five stars, symbolize the great unity of the whole people.

In addition to the national emblem is a symbol of the state and mark.