17Our use of what is the main basis for unitary state structural form?

Answer: the first, from a historical perspective, a unitary system is an inevitable historical choice. In the history of China established the state structure form absolute monarchy and unitary began in the Qin and Han Dynasties, Tang, song, yuan, Ming, Qing has been extended and consolidate, until Xin Hai revolution. The period of the Republic of China still adopt the unitary state structure. Second, from the factors of ethnic relations development point of view, the long-term unified China, although the Han rulers oppress the minority people in history, the rulers of minority oppression of the Han people, but also has a the people of all ethnic groups communicate / friendly / fusion. Third, from China's ethnic composition and distribution of national situation, to establish a unitary state favorable national unity. Fourth, from China Resources Distribution and the unbalanced economic development situation, to establish a unitary state with common prosperity for all ethnic. A unitary system, a country, to give play to their advantages, joint construction of a modern socialist country. Fifth, 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. Unified enterprise of our country needs to have the flexibility of a unitary state, we proposed the "two systems", setting up special administrative region; the characteristics of ethnic minorities, to establish the system of regional ethnic autonomy, this reflects China's unitary flexibility and inclusiveness.

18The superiority of our system of regional ethnic autonomy is embodied in the following aspects?

Answer: first, the implementation of ethnic regional autonomy, can promote national unity, to consolidate the unity of the motherland. Second, the unified national autonomous, contribute to the unity and particularity, the principle of flexibility. Third, the implementation of ethnic regional autonomy, help to eliminate the unbalanced development between ethnic groups in fact, achieve the common prosperity of all ethnic groups.

19The content of the legal status of the Special Administrative Region? (The concept and legal status of the Special Administrative Region)

Answer: the legal status of the Special Administrative Region refers to the relationship between the Special Administrative Region in the country's status in the structure and the central authorities and the special administrative region. In the law is how to divide the functions and powers of the central and the special administrative region. First of all, provisions of the basic law of the special administrative region shows, Special Administrative Region of China is a unitary state inseparable part, is a local administrative region of our country. Secondly, the special administrative region is a local administrative region enjoys a high degree of autonomy, administrative / legislative and independent judicial power and the power of final adjudication, different from ordinary local and ethnic autonomous areas. Once again, the Special Administrative Region of the regime is the Patriot regime rather than the people's democratic dictatorship, the executive and the legislature is composed of permanent residents of Hongkong in accordance with the relevant provisions of the basic law. Fourth, the Special Administrative Region in accordance with the "one country two systems" policy, not the socialist system is the policy, keep the previous capitalist system and way of life, 50 years.

20According to the existing provisions of the Constitution and the law on regional national autonomy, the organs of self-government of the national autonomous local autonomy to which a few respects?

Answer: (1) the autonomous rights to formulate autonomous regulations and separate regulations; (2) the autonomy organization of the local public security forces; (3) the autonomy arrangements and management of local economic development; (4) the management of local fiscal autonomy; (5) the autonomy of local culture and education management. Industry; (6) the autonomy of ethnic minority cadres and the training of national personnel equipped with the.

21What are the rights of central government of the Special Administrative Region?

Answer: (1) the Central People's government and the Hongkong Special Administrative Region shall be responsible for the management of foreign affairs, Ministry of foreign affairs offices in the Special Administrative Region to deal with foreign affairs; (2) the Central People's Government shall be responsible for the management of Special Administrative Region defense, stationed in the Special Administrative Region for defence forces do not interfere in the local affairs of the region, in the Special Administrative Region may, when necessary, ask the Central People's government for assistance from the garrison in the maintenance of public order and in disaster relief; (3) the Central People's Government in accordance with the basic law of main officials appointed the chief executive of the Special Administrative Region and the administrative authorities; (4) the NPC Standing Committee has the right to decide the special administrative region is in a state of emergency; (5) the NPC Standing Committee have the right to interpret the basic law of the Special Administrative Region; (6) the NPC Standing Committee reserves the right to amend the basic law of the special administrative region.

22What are the autonomy of special administrative region enjoys?

Answer: (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. (3) administrative power. (4) the legislative power. Special Administrative Region have the right transaction legislation on a high degree of autonomy within the, but have no right to legislate for defense / diplomacy belongs to the Central People's government affairs. (5) (independent judicial power and the power of final adjudication. 6) independent fiscal power. (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.

23, in accordance with the provisions of the Constitution and the law, China's system of ownership of the whole people include what content?

(1) natural resources and mineral, water, forests, mountains, grassland, uncultivated land, beaches and other all belong to the state, but the law belong to the collective owned forests, mountains, grasslands, waste land and except for the beach. (2) the city land and the provisions of the law of land in rural and suburban areas of the city country all the. (3) all other national territory resources owned by the state. (4) an important relationship beneficial to the people's livelihood assets owned by the state, the state-owned institutions, social organizations, the military assets are owned by the state. (5) mixed economy of state-owned assets in part.

24What is the essence and characteristics, the socialist political civilization in China?

The essence of socialist political civilization is the realization of "all state power belongs to the people" the people to manage state affairs, be in power. Features: (1) adhere to the leadership of the Communist Party of China, has the decisive significance to the construction of socialist political civilization China. (2) to realize the people's fundamental objective is to be in power, the construction of socialist political civilization China. (3) to adhere to the basic principle of ruling the country by law, is a significant characteristic in construction of socialist political civilization Chinese. (4) adhering to and improving the socialist democratic system is a strong guarantee of the construction of socialist political civilization.

25The constitution of China, what are the regulations on the protection of personal, property and inheritance rights how to understand?

In 2004 the "amendment" twenty-second of the "constitution" of the Yuan Di 13 is amended as: "the lawful private property of citizens are not violated." "countries in accordance with the law of private property and protect the citizen inheritance." "Countries in need of public interest, can be imposed on the private property of citizens or requisition and compensation in accordance with the law." From the protection of citizens "property ownership" to "the lawful private property of citizens are not violated" is a significant change in the development of China's constitution. With the "property rights" instead of "property ownership", indicates that the scope of property rights of citizens has increased greatly, the property embraces not only the ownership, but also including the other rights associated with ownership, such as various property leasing, contracting and other usufructuary right and mortgage, lien, security interest, as well as various claims, intellectual property rights and other property rights. "The inviolability of private property" refers to the private property rights are not infringed, interference, offend, invasion. The inviolability of both against infringement, more important is not affected by the "violation of public power". If indeed the need for social and public interests of the expropriated property of individuals, to fulfill the statutory procedures, and compensation. In the Constitution clearly stipulates the lawful private property of citizens are not violated embodies "the state respects and protects human rights" of the spirit, has an important significance in the development history of our country's constitution. The provisions of the constitution established the legislative basis for the common law, any law, regulations of China are not inconsistent with the.

Adapt to protect our citizens individual property rights, constitutional protection of private property right of inheritance. Right of citizens to inherit private property is in accordance with the procedures prescribed by law for the deceased property rights and obligations; inheritance is a legal system has existed since ancient times, the private property rights have been inherited. Confirm the constitutional private property right of inheritance is a natural extension of the protection of personal property ownership.

26What, is the basic task of the nation, our country constitution is provided?

The basic task of the nation is: along the socialist construction China characteristics, to concentrate its efforts on socialist modernization.

China's current "constitution" provisions in the preface: " China will stay in the primary stage of socialism. The basic task of the nation is, along the socialist construction China characteristics, to concentrate its efforts on socialist modernization. China people will continue in the China under the leadership of the Communist Party, Marxism, Mao Zedong Thought in Marx Lenin, Deng Xiaoping Theory and the important thought of 'Three Represents' guidance, to uphold the people's democratic dictatorship, adhere to the socialist road, adhere to the reform and opening up, constantly improve the system of socialism, the development of the socialist market economy, develop socialist democracy, improve the socialist the legal system, rely through one's own efforts, work hard and perseveringly, and gradually realize the industry, agriculture, national defence and science and technology to promote the modernization, material civilization, political civilization and spiritual civilization coordinated development, to build China into a prosperous, democratic, civilized socialist country."

27What are the characteristics, basic rights and duties of citizens in China?

Extensive in 1, civil rights and liberties. Chinese citizens enjoy extensive rights and freedoms, which is decided by the socialist economic system of public ownership and the state of democratic nature of the. 2, equality of citizens' rights and duties. Equality is an important manifestation of the socialist nature of our civil rights. 3, the reality of civil rights and freedoms. The characteristics of China's civil rights and freedoms is realistic; consistency 4, civil rights and obligations. The consistency of rights and duties of citizen refers to the rights and obligations of interdependence, mutual prerequisite, dialectical unification relations can not be separated.

Equality in our civil rights and obligations in what aspects?
Answer: (1) the citizens have the rights and obligations of equality, namely our country citizens regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, living life, all enjoy equal rights under the Constitution and the law, are equal to fulfill the provisions of the Constitution and the law of obligations.
(2) the state organs in the application of the law on citizens are equal, any legitimate rights of citizens, are equally protected.
(3) the state does not allow any organizations and individuals beyond the constitutional and legal privileges, everyone must be in the range of constitution and laws.

28, according to the provisions of the current constitution of our country, equal civil rights include what content?

(1) everyone is equal before the law, it refers to the legal practice of equality, namely judicial equality and law-abiding equality. (2) the equality of the sexes, refers to the citizen enjoying the right and obligation of areas not affected by the gender equality, implement. (3) the ethnic equality, the nation does not divide size, advanced backward, should be equal.

29What, is the political rights and freedom, it includes what content?

Political rights and freedom refers to the provisions of the Constitution and the law of citizen participation in national political life and state management, an expression of national affairs, social affairs of the observations and recommendations of the right. Political rights and freedom is an important part of the fundamental rights of citizens, it reflects the constitutional status of citizens in the political life of the state. Content: (1) the right to vote and to be elected, the right to vote and be elected is our country people to participate in one of the most basic means of the management of the country and the most important political rights, it directly reflects the master status of people in the country. (2) the political freedom, the "constitution" stipulates that the thirty-fifth, "citizens of the people's Republic of speech, publication, assembly, association, parade, demonstration of freedom". These six political freedom is the expression of the will of citizens, to participate in social and political activities and regular political rights, holds the extremely important status in the national political life.

30In China, why the constitution of the form to safeguard citizen's freedom of religious belief?

(1) the characteristics of religious and historic process, its birth, development and disappearance of the. (2) the characteristics of religion and nationality with the masses. (3) the characteristics of religion has international. (4) there are patriotic people to unite the religious, mobilize all positive factors, construction of socialism modernization. (5) the religious culture is a valuable heritage.

31What, is the national body? What are its characteristics?

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 etc.. National institutions is the ruling class to achieve the ruling class organization form, has the following characteristics: first, distinct class nature. It is the ruling class's political organization, and all the members are not social organization, the operation of power and responsibilities are to reflect the interests and will of the ruling class. Second, history. The state is a social historical phenomenon, is a production, development and extinction; but for the state mechanism to realize the functions of the state set in different periods and its organization and functions are different, and the state changes. Third, the national organization is a national organization, enjoy special force. The so-called force special, the army, police, prisons, courts are the main content of state violence. Therefore, it is different from such as schools, shops, factories and other enterprises and institutions, the social organization. Fourth, national institutions with strict organization system. National institutions specific settings, the division of powers and the relations are very complicated, various agencies according to the law of organic whole close, ensure the realization of the basic functions of the state. Fifth, coordination. National institutions according to the division of functions and powers the constitution, not to disturb each other in the responsibility scope, nature and scope of state power in accordance with the exercise of power and division of different exercise; at the same time the state organs and mutual cooperation, complement each other, to achieve the common goal and operation of constitution.

32What is the principle of organization and activities, our national institutions?

The principle of democratic centralism, contact with the masses, serve the people, the principle of liability principle, the principle of rule of law, streamlining and efficiency principle.

33What is the nature and status, the National People's Congress?

(1) the National People's Congress is the representative of the people of the whole country, unified the exercise of state power. (2) the National People's Congress exercises the authority is the highest state power, mainly for only the National People's Congress and its Standing Committee to exercise the legislative power of the state. (3) the National People's Congress shall exercise the highest decision, the power and the. (4) the other state organs which exercise the power of the National People's Congress, are given in accordance with the law, supervise the organs of state must accept the National People's Congress, the formulation of National People's Congress and its Standing Committee of laws and resolutions, other state organs must comply with.

34What is the nature and status, the NPC Standing Committee?

The Standing Committee of the National People's Congress is the organ of the Standing Committee of National People's Congress is the highest organ of state power, recurrent. During the National People's Congress meeting, the State Council, the Central Military Commission, the Supreme People's court and the Supreme People's Procuratorate is responsible to the National People's Congress, accept their supervision. Legislature is the state, the resolution and laws, other state organs and the people must obey. The Standing Committee of the National People's Congress and the National People's Congress is the subordinate relationship. The Standing Committee of the National People's Congress must submit to the National People's Congress

35What are the contents, nature and status of the people's Republic of China, chairman of the generation and tenure?

The people's Republic of China, is an important part of national institutions of the people's Republic of China belongs to the Chinese authorities, countries with the highest category. The people's Republic of China president holds the state power is not personal, but a separate state organs, internal and external on behalf of the state. The Standing Committee of the people's Republic of China, chairman of the National People's Congress combined with exercise of state power. According to the constitution, vice president of the people's Republic of China, chairman of the National People's Congress elected. Vice president of the people's Republic of China, chairman of the term as the National People's Congress is elected for a term of the same, that is, 5 years, shall serve no more than two consecutive.

36, nature and status, the composition of the State Council and the term includes what content?

The status of the State Council: first of all, the State Council is the Central People's Government of China, the national government's foreign name of activity, the unified leadership of the local people's governments at all levels. Secondly, the State Council is the executive body of the highest organ of state power, indicates that it belongs to the highest organ of state power, the highest organ of state power and responsible and report on their work. Finally, the State Council is the highest administrative organ of the state, the State Council is the highest position in the system that the state administrative organs, ministries, commissions and local administrative organs of the unified leadership of the State Council work.

The State Council of the people's Republic of China by the Deputy Prime Minister prime minister, some people, some people, State Councilor of each ministries and commissions, the auditor general, the Secretary General.

The people's Republic of China, the State Council's term of office and the National People's Congress of the same term, i.e. 5 years. Term expires, decided by the National People's Congress, the State Council is composed of the new. According to the constitution, the prime minister, deputy prime minister, member of the State Council shall serve no more than two consecutive.

37What are the contents, nature, the Central Military Commission Office?

"The constitution" stipulates: "the people's Republic of China directs the armed forces of the Central Military commission." This provision indicates that the Military Commission of the Central Committee is the highest state of military leadership decision-making authority, the authority is the leader of the armed forces. In the system of apparatus of state, the Central Military Committee of the National People's Congress and the Standing Committee of the NPC to produce and it is responsible for. With respect to the highest organ of state power, it is in the subordinate status. The party's Central Military Commission Chairman, vice chairmen and members, the Central Committee of the Communist Party and the democratic parties of the agreement, the National People's Congress and the Standing Committee of National People's Congress by, also become members of the Central Military Commission of the state, which not only strengthen the party leading the army absolutely guide, but also reflects the armed forces belong to the people the principle of. In the organizational system, the Central Military Commission is a set of personnel, two pieces of brands.

According to the constitution, the Central Military Commission Vice Chairman, by several people, composed of several members, chairman of the Central Military Commission of the National People's Congress elected. The term of office of the Central Military Commission in 5 years, with the National People's Congress is elected for a term of the same. Members of the Central Military Commission has no time limit. The Central Military Commission the chairman.

38Local people's congresses at various levels, the nature, status, composition, duties and terms.

According to the constitution, the local people's congresses at various levels are the local organs of state power. It plays an important role in the whole system of the state organs, with the National People's Congress together constitute our organs of state power system. Local people's congresses at various levels is composed of deputies elected by the people. The people's congresses at all levels are 5 years term. Its mandate is: 1, to ensure compliance with and implementation of the constitution, laws and administrative regulations, ensure the state plans and budget execution. Local people's congresses at and above the county level have the right to change or revoke the decision of the Standing Committee of the NPC is not appropriate. 2, the power to formulate local regulations. Decision 3, local major matters. 4, personnel appointment and removal of the right to. 5, supervision. 6, other functions and powers.

39What are the contents, nature, composition and term of office of local people's governments at all levels have?

According to the constitution, the people's governments at all levels are the executive bodies of local organs of state power at all levels of administrative organs, is the local state. City People's Government of a province, autonomous region, or municipality directly under the central government, autonomous prefecture, the district by the governor, vice governor, chairman, vice chairman of the autonomous region, the governor, vice governor, mayor, deputy mayor and secretary general, director, secretary, committee chairmen.

Local people's governments at all levels each term of office and the National People's Congress is elected for a term of the same. The term of office of the people's Government of a province, autonomous region, or municipality directly under the central government, autonomous prefecture, county, Autonomous County, city, city area, township, nationality township, the town of 5.

40The characteristics, basic mass autonomous organization and what the relationship with the people's government at the grass-roots level is?

Features: (1) the mass autonomy organization at the grass roots are the masses of the social organization, different from the government organizations and other political, economic and social organization. (2) the grassroots organization is one of the autonomous nature of social organization. (3) the grass-roots mass self-government organizations have the characteristics of basic.

Relationship: one is the relationship between the people's government at the grassroots to guide grass-roots mass self-government organizations. Two is the grass-roots mass self-government organizations of the people's government at the grassroots of the helping relationship. The relationship between guidance and assistance to ensure the grass-roots mass self-government organizations to maintain their independence in the relationship with the people's government at the grass-roots level in.

41What are the contents, nature, organizational system, composition and mandate the people's courts and the people's procuratorates have?

"Constitution" regulation, the people's court is the judicial organs of the state. The people's Court of China basically is based on the national administrative division as the foundation, in order to facilitate the trial work and public litigation principles established, its organization system is: the Supreme People's court, the local people's courts at various levels and of the special people's courts. The local people's courts at all levels including the higher people's courts, the intermediate people's court and the basic level people's court.

President of the Supreme People's court by the National People's Congress election or recall, vice president of Supreme People's court, judges, members of the judicial committee and the president of the military court by the NPC Standing Committee according to the president of the Supreme People's court to appoint. At or above the county level election of local people's congresses or dismissal of the president of the people's court, the local people's Congress at or above the county level or the people's court vice president, judges, members of the judicial committee, hold office in the people's court unable, decided to represent the Deputy leader of the people's court. Provinces, autonomous regions, municipalities directly under the central government according to the director of Standing Committee of National People's Congress meeting nomination, decided in the province, autonomous region or by the administrative office set up and set up in the municipality directly under the central government, the intermediate people's court. The president of the people's court's term of office and the people's Congress of the same term, are 5 years. The president of the Supreme People's court shall serve no more than two consecutive.

The people's Procuratorate is the legal supervision organ, is a part of national institutions. The organization of people's procuratorates system by the Supreme People's Procuratorate, local people's procuratorates at different levels and of the special people's procuratorates. The procurator general of the Supreme People's Procuratorate procurator long by 1 people, deputy chief procurators, procurators some people some people. The procurator general of the Supreme People's Procuratorate long elected by the National People's Congress, deputy chief procurators, procurators, procuratorial committee, the chief procurator of the attorney general to apply to the Standing Committee of the National People's Congress appointed. The organization of people's procuratorates system by the Supreme People's Procuratorate, local people's procuratorates at different levels and of the special people's procuratorates. The lower level people's Procuratorate in accepting the leadership of the people's procuratorates at higher levels at the same time, shall also be responsible to the people's Congress and its standing committee. It is a kind of dual leadership system.

42,The patriotic united front
The establishment and improvement of a broad united front, is the important guarantee to the establishment, consolidation and development of the people's democratic dictatorship system.
1,The patriotic united frontA: in the long years of revolution and construction by the leadership of the Communist Party of Chinese, the democratic parties and people's organizations, including all socialist laborers, patriots supporting socialism and who support the reunification of the motherland and political alliance. The patriotic united front organization in our country is China people's Political Consultative conference.
*}0 S! J8 b/ F5 M; a University College shaped test answers | RTVU undergraduate shaped test answers |07 TV work answer | TVU shaped test answers | free TV the previous answer questions | free TV review data 2,At present, the patriotic united front our task is: to serve for the socialist modernization; to realize the reunification of the motherland service; service for the maintenance of world peace.
3,The patriotic united front organization formChinese: People's Political Consultative Conference is China patriotic united front organization form, is an important mechanism to realize the system of multi-party cooperation and political consultation under the leadership of the Communist Party of Chinese. It is not the state organs, social groups and not the general.
4The characteristics, the patriotic united front in the new period is: extensive unprecedented, is the most extensive patriotic united front

43Citizen andNationalityThe relevant provisions

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.

 

Seven, the small paper

1The main function of the constitution.

The 1982 constitution that the current constitution after three amendments in 1988, 1993, 1999, the constitution further, play a very important role in China's political and social life.
To sum up, the current constitution has the following four characteristics and role:
First, the constitutional guarantee of China's reform and opening up and socialist modernization construction. Constitution, the basic task of the nation is building socialism with China along the characteristics of the road, to concentrate its efforts on socialist modernization; during the primary stage of socialism public ownership as the main body, common development of multi ownership economy the basic economic system, and to the distribution system in which distribution according to work as the main body, a variety of modes of distribution; insist on reform and opening up, the development of the socialist market economy. This is our deepening reform, expanding opening up, promoting development provides a solid legal guarantee.
Second, the current constitution has promoted the improvement of China's socialist democratic politics system. Displays in: the further perfection and development of the fundamental political system of our country -- the people's representative system, the abolition of the reality of life tenure in leading posts; uphold and improve the system of multiparty cooperation and political consultation under the leadership of the Communist Party of Chinese, guarantee the CPPCC plays its role in political consultation, democratic supervision and participation in politics; upholding regional national autonomy, safeguard national unity; improving the system of grassroots democracy, and ensure that the people directly exercise their democratic rights according to law, manage their own affairs according to law, to create their own happiness.
Third, the constitution promoted the socialist legal system construction in china. The emphasis on the rule of law, building a socialist country ruled by law. Article fifth of the Constitution stipulates: the national safeguard the uniformity and dignity of the socialist legal system, any organization or individual shall be beyond the constitutional and legal privileges. In 21 years, the status of implementation of the constitution of our country continues to improve, in accordance with the Constitution and laws are becoming social norms prevalent.
Fourth, the constitution has promoted the development of China's human rights cause and the cause of the. The fundamental rights and duties of citizens of the Constitution provides a comprehensive, for the broad masses of the people fully enjoy democratic rights, giving full play to their enthusiasm, initiative, creativity in national life provides a reliable legal protection. The existing constitution emphasizes on the personal freedom of citizens rights and housing is not protected violations of rights, and the increase of human dignity is not right, and the protection of the disabled veterans, families, families, the deaf and the elderly and other disabled citizens.

 

2On human rights protection of the Constitution
Answer: the protection of human rights is the ultimate value of constitution. This paper discusses the mechanism of constitutional rights, that the Constitution by controlling the power of the state macroscopic and microcosmic provision of basic rights, the formation of organic constitution of human rights protection mechanisms. Historically, the constitutional safeguard of human rights prominent national power control to stipulate the micro change of fundamental rights. Our constitution is coincidence with the modern constitution, but there is room for improvement.

Indeed, the protection of human rights was written into the constitution of great significance. The state respects and safeguards human rights first written into the constitution, it Chinese political life in them is a big thing, is of great significance to create and historic development of human rights in the history of China, is a new milepost on the development history of human rights. It reflects China's progress in the field of thought, the concept of progress, the significance of its evaluation is not how much.
      However, the constitution has its own value, once the human rights safeguard clause written into the Constitution also has the standard value. So, the protection of human rights in China should be standardized in terms of value what kind of? Namely take its effectiveness, the effectiveness and the efficiency of the approach is how to reflect, this is a constitutional researchers should first concern.

The constitution, the protection of human rights of the macro and micro two aspects of mechanism is complementary, indispensable, although different countries, in different historical stages, two aspects are not likely to get equal attention, but the practice shows that the constitution as the value law and human rights protection more win support among the people, most of the modern constitution the contents of human rights are pushed to the front of the stage, and as a measure of national power of the ruler, not just pay attention to limiting the powers of the state.

The human rights not only in the constitutional system has gained recognition and security, the concept of human rights itself has been the liberation and development of. Liberation and development of the concept of human rights directly led to the protection of human rights provisions in china. To be in the right and self-confident to the development of human rights theory from the concept of human rights, the misunderstanding area, and then to the 15th Party Congress and the sixteen report made clear "to respect and protect human rights", shows that China's human rights idea has been the liberation and development of. "The birth of human rights safeguard clause" can be said is the direct result of the concept of human rights development.
The human rights safeguard clause to the constitution of our country new vitality, more highlights the value of human rights law of the constitution meaning. It also directs our basic rights system is improving continuously.

 

 

3On supervising the implementation of constitution.

Answer: the implementation of the constitution supervision system is to ensure the correct implementation of the Constitution and to supervise the acts of violation of the constitution of the system. It is an important system that maintains the authority and dignity of the constitution, is an important component of modern democratic politics.
   The constitution supervision has broad and narrow sense. The constitutional supervision in broad sense, refers to the overall supervision and implementation of the relevant constitutional activities. On the subject of supervision, in addition to the constitutional supervision organs full-time, also includes other state organs, political parties, people's organizations, mass organizations and citizens. On the supervision of the object, including legislation, state organs administrative activities, judicial activities, including personal activities and parties, people's organizations, mass organizations activity. The constitutional supervision in a narrow sense, refers to the supervision for the constitutional supervision functions according to law shall implement the legislative and administrative activities.
   Because of the reality condition, different history, constitutional supervision authorities of different countries are different, mainly in the following three types: (1) the implementation of legislative oversight of the constitution. These countries by the legislative interpretation of the law, supervise the enforcement of the constitution, laws, regulations and administrative measures of review of constitutionality. (2) the implementation of judicial supervision of constitution. These countries by the courts to interpret the constitution, laws unconstitutional review. (3) the specialized agencies and supervise the enforcement of the constitution.

In our constitution, the NPC and its Standing Committee to supervise the implementation of the constitution. This supervision mainly includes the following aspects: first, that the laws formulated by the NPC Standing Committee and the decision is not inconsistent with the constitution, laws and decided not to appropriate National People's Congress has the power to alter or annul formulated by the NPC Standing committee. The two is, to supervise the administrative regulations, decisions and orders of the State Council, the National People's Congress Standing Committee have the right to cancel the formulated by the State Council with the constitution, the law of the administrative regulations, decisions and orders. Three, the Supreme People's court and the Supreme People's Procuratorate judicial interpretation work and supervision. Four, to supervise the establishment of provincial organs of state power and local regulations and decisions, the NPC Standing Committee has the right to cancel the organs of state power of provinces, autonomous regions, municipalities directly under the central government formulated and approved with the constitution, laws, administrative regulations conflict with local regulations and resolutions. The Constitution also stipulates, local people's Congress in the administrative area, ensure the observance and implementation of the constitution. according to the legislative law supervision mode is through the record review, administrative regulations, local regulations, autonomous regulations and separate regulations.

 

 

4According to the theory and legal theory. According to the establishment of a special administrative region of China

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. It is the people's Republic of China can not be separated, but also has special legal status.
China's current "constitution" the provisions of Article 3l: "the state may establish special administrative regions when necessary. In the implementation of the Special Administrative Region in the light of the actual situation of the National People's Congress may by law." The constitution is the fundamental law, it is confirmed that the consolidation of the socialist system is the basic system of the people's Republic of china. Now, put forward special administrative region in the division of administrative areas, is no doubt that allow for special circumstances can have another system existence. These systems include social and political, economic system, the basic rights and freedoms of the residents of the system for safeguarding, administrative, legislative and judicial systems.
Special administrative region reflects the "two systems" theory. "One country two systems" that one country, two systems. As a nation, is to insist on a Chinese principle is the indivisible unity of the people's Republic of China, which belongs to all the Chinese territory of local administrative areas, including Hongkong, Macao and Taiwan, can not be divided or separated out, nor to any independent political entity. The two system is called, refers to the socialist system in China in general, special administrative region will continue to maintain the capitalist system. According to the theory and the traditional mode, in a socialist country, only to allow a system that is the existence and development of the socialist system. After the implementation of "one country two systems", breaking the original pattern, formed in a country, the coexistence of the socialist system and the capitalist system, a new pattern of mutual promotion, mutual development. This is our country according to their own national conditions in the state system is a great innovation and development, embodies the combination of principle and flexibility.