Constitutional short answer questions

31, answer: first, the constitution is the law of democracy. Because the relationship from the Constitution and democracy, constitution, is nothing but the ruling class to the fundamental law to confirm and protect their democratic system. Secondly, the constitution or the law of the basic form of democracy. Because from the Constitution and the general law and democracy relationship that the constitution is the fundamental law to protect their democracy. Secondly, the constitution or the law of the basic form of democracy. Because the relationship from the Constitution and the general legal and democratic system is the only form, although the constitution is not democracy legalization, like the electoral law, procedure law, organic law, also can reflect the democratic system and democratic rights, but the constitution was the national root the law is the basic rights of a country. Democracy and citizen of the most concentrated, the main legal protection, so the constitution is the basic form of legalization of democracy. Democracy and legal system is the main form of expression

32 , a: the main characteristics of the constitutional norm: the supreme, principle, generality, adaptability, no specific punishment and relative stability. In addition, from the whole into a part, and extensive constitutional norms, historical, flexibility (i.e. compromise ), characteristics of programmatic etc..

Answer: (1 ) 33, consolidate and maintain the state power. The constitution is the precondition for the ruling class to grasp the state power, state power well in support of implementation. To consolidate the role of constitutional right to rule, first manifested in the constitutionality of it in fundamental law to confirm the power of the ruling class, any infringement for this power is unconstitutional, the ruler can thus be for legal responsibility and punishment for it. Secondly, the constitution content is conducive to consolidating the ruler status of the basic system and the content of political order. So the process of implementation of the constitution is the power of the ruling class can suport and consolidate. Again, the basic policies and principles specified in the constitution. Through the different the interest of all the rulers of the internal contradiction and all classes, aspects of the regulation. In order to stabilize and consolidate the regime's role. ( 2 ) the effective operation of the state power standard. The constitution plays a role of power. That means. Constitutional provisions for the state power organization form, the scope, division of labor and the operation of power exercised in the way, procedure and laying the track direction. The power in the constitution indicating track run effectively.

34, a: the important significance to ensure the implementation of the constitution are as follows: (1 ) is conducive to maintaining the fundamental system of the country. From the view of modern democratic politics, law, culture is a constitutional democracy. If the constitution was not implemented, will lead to the basic system of a state may be violated, destroy or change the consequences. (2 ) is conducive to the sound and reunification of the country. The constitution is the fundamental, is the highest law. The legal system of a country and the establishment of the legal system must take the constitution as the basis, if the constitution was not implemented and become meaningless. So perfect and unified legal system of the country is impossible. ( 3 ) supervision and guarantee the implementation of the constitution significance lies in the Constitution in the country's social and economic and cultural and other aspects of life plays a huge role. It protects and promotes the economic development. So, security, supervise the enforcement of the constitution is very important. The constitutional guarantee and supervision of the foot not effective, effective. Is a measure of a country's stability and political democracy and legal system, improve the level of. "

Answer: (l ) 35, meaning. Equal suffrage refers to each voter in every election entitled to one vote in one place. The value and effectiveness of each voter's vote is the same. Don't allow any voter enjoy any privileges in the election. Do not allow illegal restriction or discrimination against any voters to exercise their right to vote. This is "all citizens are equal before the law" in principle in the election system in the specific embodiment, (2 ) material. Equal voting rights in China focus on the equality in essence. And not only is the prescribed form. The actual level and the possibility of China from the political, economic, and cultural development of the starting, and continuously improve the equality of voting rights. But the understanding of this issue should not be absolute. The proportion of urban and rural population as represented by each are not identical. This is because the vast majority of China's population in the rural areas if attention to formal equality, will make the big farmers representing the proportion of the people's congresses at all levels, and make the workers and other class, occupation is not enough, so the different proportion is necessary, reasonable. In addition, the population of China's electoral law of minority and Han nationality represented by each set of different proportion of the population. This is to ensure that our country each teach less equal rights in the political life of the people's Republic of China. To truly become China's various ethnic equality, friendship, family.

Answer: 36 , in a certain sense, we say that the electoral process is the key to implement the principles of election. This is because the principles of election democracy can really achieve, great and electoral procedure relationship. According to the provisions of the electoral law of China and other relevant laws, in our country, the election procedures include the following aspects: (L) election. (2) the redistricting and voter registration. (3 ) is proposed to represent the candidate. The candidates for deputies. (4) to vote. (5 ) on behalf of the recall and the by election.

37, answer: (l ) the form of state structure refers to the relationship between the adjustment of national country specific ruling class according to certain principle, take the whole and the part, the central and local form. ( 2 ) the form of state structure of the modern state is unitary and federal two categories. Single system refers to the form of state structure state by some common administrative unit or autonomous units. In a single system, the country only a constitution, a supreme legislature and a central government, a complete set of judicial system. Local governments the power conferred by the central government. Every citizen is only a unified nationality. Federalism is refers to the country by two into a plurality of members (federal, state, Republic) the form of state structure. In a federal system, in addition to the Federal Constitution. Each member has its own constitution: besides the federal legislation, administration and judicial system. The government and judicial system each member has its own legislature, namely: citizens have the federal citizenship and nationality of the member states.

38, answer: (l ) the system of regional ethnic autonomy. Refers to the big family of the motherland unification. Under the unified leadership of the state. In order to reduce the induced ethnic region as the foundation, set up autonomous areas. The corresponding organs of self-government are established to exercise the power of autonomy. The implementation of regional autonomy of ethnic people's autonomy to manage the internal affairs of the nation's system. (2 ) the necessity of implementing the system of regional ethnic autonomy in China lies in: practices the system of regional national autonomy is not only beneficial to the national unity and national unity, safeguard national minority people's equal rights and be in power, management of the nation affairs. But also the characteristics of the party and state policies, and the national minority area together, so as to promote the development of ethnic minorities and ethnic minority areas of economic and cultural progress of the top career. So it is the basic policy to solve the national problem of our party, is the basic system with a Chinese characteristics, conforms to our country national condition. It embodies the organic combination of centralized and unified leadership of national and regional autonomy of minority nationalities. With the continuous development of China's socialist democratic politics construction of regional national autonomy content will be enriched and developed continuously. The superiority of regional national autonomy will be more fully exploited.

Answer: (l ) 39, according to the provisions of the nationality law of the people's Republic of China, obtained the nationality of China is: nationality at birth and after nationality. ( 2 ) on the birth international. According to the jus sanguinis and birth landlord meaning of the principle of combining. Nationality Law in China are different, the following provisions: l ) both parents into one for the Chinese citizen, I was born in Chinese, has Chinese nationality 2 ) both parents into one for the Chinese citizen. I was born in a foreign country, I was born with a foreign nationality does not have Chinese Nationality: 3 ) parents no international or of unknown nationality, settled in China, I born in Chinese. With Chinese international. ( 3 ) the following provisions of nationality, nationality law of our country, foreigners or stateless persons who apply for Chinese nationality, must have two conditions, and also to meet the conditions provided for by law. The two premise is: applicants must be willing to abide by the Constitution and laws of the China; applicants must be mountain in my voluntary. The conditions required by law is: l ) the applicant's relatives Chinese citizens: 2) settled in China: 3 ) for other legitimate reasons. As long as having the two premises. At the same time, in accordance with the conditions of the applicant. You can apply to join the China nationality. ( 4 ) to obtain the nationality of the applicant to apply for, application procedures. Responsible for nationality for organs, the location of the county, city public security organs and China diplomatic missions and consular offices for the applicant in china. They just accept the application and review compliance with laws and regulations, the approval right belongs to the Ministry of public security of the people's Republic of China. The Ministry of public security, the public security organs shall issue a certificate, the applicant has Chinese nationality. Become citizens of people's Republic of china. Be admitted to China nationals, retain foreign nationality shall not.

40, answer: (l ) the existing constitution: the people's Republic of China to foreigners who request it for political asylum, can give asylum rights. The right of asylum. Also called political asylum, the right of abode. It refers to the citizens of a country for political reasons the request of another country shall be permitted to enter the country residence. Or have entered the country for permission to stay in the country. After the approval of the government enjoys a sheltered right. The aliens who have sheltered. In the protection of the country under the extradition or deportation. The French l793 constitution first confirmed the protected rights. (2 ) the existing constitution to foreigners sheltered right meaning is: I ) right of asylum to foreigners only apply for.2 ) foreigners to the Chinese government put forward to apply for refund. Must be due to political reasons, not including the general criminal: 3 ) the Chinese government on the proposed evacuation requirements, can agree or disagree; 4 ) to be given to foreigners by the right of asylum. Do not be extradited or expelled for them. In China residence, migration and operations management, in accordance with the principles of general foreign nationals of the treatment, but can also according to the specific situation. In accordance with the sheltered people's status, to discriminate between.

41 , a: the rights and freedom is relative. The world has never what absolute rights and freedom. The citizen's rights and freedom is relative. Right is the relative obligations, freedom is relative discipline. No rights without duties, also no rights and obligations. In our country, citizens enjoy full rights in at the same time. Also has not abuse the rights obligations. (2 ) the rights and freedom is limited. Any of the rights and freedoms are not unlimited. Citizens can enjoy the rights and freedoms only in the premise to abide by the Constitution and the law. French Enlightenment thinkers Meng Si Jiu is a said that "freedom is permitted by the law to do everything right, if a citizen can do the things prohibited by law. He has no free. Because other people would have the same rights". In addition, citizens enjoy the rights and freedoms of degree. In the final analysis by the social and economic development level control. (3 ) to overall interests. In our country, on the basis of the existing constitution. Citizens in exercising their rights and freedom. Can not be contrary to reflect the people's will and interests law. Our legal system, should fully guarantee the citizens enjoy the law within the scope of the rights and freedoms, on the other hand, to make a cut on the democratic rights of the people, extreme liberalism and anarchism restraints. Otherwise, the broad masses of the people's freedom and rights will not guarantee the political situation of stability and unity. It is destroyed. The socialist modernization cannot be realized. In addition, China is a country of people be in power, the interests of the state and the interests of individual citizens from a book that is the same. So people as the main body of the country rights. In the exercise of rights and freedoms, must not harm national, social, collective interests and other legitimate rights and freedom. At the same time, every socialist consciousness of citizens should be for the country's thriving and prosperous consciously contribution strength.

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Answer: 42, the basic rights and obligations of citizens of our country reality show: (l ) the Constitution in the fundamental rights and freedoms that citizen's, always starting from the actual situation of our country. To give full consideration to the current political, economic, and cultural development of the actual level, to confirm the scope, rights and freedom the content and material security problems. Specific performance: l ) objectively need. And non confirmation can not be determined to write into the constitution. 2 ) can do, or by creating conditions can be gradually realized. According to the possible extent, to seek truth from facts provisions. 3 ) from the actual conditions, not in a fairly long period of time to do. The constitution will not be confirmed. (2 ) the basic rights and obligations of the citizens is the legal protection and material protection. Implementation of any rights and obligations of citizens is cannot do without the law and matter. Security. China's constitution in the confirmation of civil rights and obligations at the same time, also provides specific measures to guarantee their implementation.

Answer: (L) 43, article forty-first of the constitution specified in Clause l of citizens of the people's Republic of China: for any state organ or functionary. Have the right to criticize and make suggestions; for any state organ or functionary of illegal acts, complaints, charges or complaints rights to the relevant state organs. But shall not fabricate or distort the facts of false accusation. In our country. Civil appeal is the right of the citizens right to criticize the proposal, Shen Suquan, right, the right of complaint, the right of accusation and referred to as the right of compensation. ( 2 ) the right to criticize is the citizens of the state organs and their staff the shortcomings and mistakes. Have the right to request the correction opinions; suggestion right filming citizens of the state organs work, have the right to put forward its own views and suggestions
(3) appeal refers to the right of citizens of the state organs to make the decision disaffected, can be to the relevant state authorities request, the request to the. ( 4 ) the right of complaint mainly refers to the ultra vires the citizens of the state organs and their staff misconduct allegations, request the relevant organs of the misfeasor punished right. ( 5) criticism, suggestions, complaints, report, complaints are the concrete forms of citizens to exercise supervision. (6 ) right to compensation refers to state organs and functionaries of state organs exercise their functions and powers in violation of civil law damages the legitimate rights and interests. The victim has the right to obtain the state indemnity.

44 : the rule of law, the central state organs in the organization and activities of the depression in accordance with the law, not by individual leaders of personal will, not at the policy instead of the law. Article 5 of the present constitution of governing the country according to law, the construction of social all the requirements of rule of law. The central state organs and be the first to bear the brunt to strictly follow the provisions of the constitution. One of the institutions of the state is responsible for the maintenance of social order, and the order itself represents an orderly process. Only the law can make the state affairs in an orderly manner. It. Is the central state organs of a basic principle in accordance with the law. Specifically, the central state organs to do things according to the law
(1 ) is to enable the establishment and activities of their laws. Institutions affiliated any state organ and its existence must be according to law. Because this is the basis for them to enjoy and exercise the power of legal authority legitimately. (2 ) they make decisions, orders, the referee work procedures must be in accordance with the law the work requirements, must also meet the legal standard, namely the law, especially the highest organ of State Administration must be exemplary in administration according to law, because the law fundamentally said. Mainly is the administration according to law, no administration according to law without the so-called rule of law. ( 3 ) the central organs of state of any violation of the Constitution and the law behavior. It must be corrected, otherwise no law, not to mention the rule of law. Any errors should be responsible. But this is responsible for the law and not responsible for someone.

Answer: the so-called 45 , the principle of liability refers to state organs and its staff in exercising their functions and powers and perform their duties shall bear the corresponding political responsibility, legal responsibility and economic responsibility also includes the unification of right and responsibility. According to the provisions of the constitution, the responsibility of the central state organs system performance is: the National People's Congress is responsible to the people, each one representing are subject to supervision by the units which elected them, the electoral units may at any time to recall their deputies; the highest organ of State Administration, the highest judicial organ, the supreme organ of state attorney and the highest national military leading organs are responsible to the NPC and its Standing Committee. Responsibility mainly collective responsibility and individual responsibility system in two forms. Collective responsibility refers to all members of organs and leading members of rights in the decision-making on major issues and decisions are equal. All the members of collective discussion. And according to the principle of majority decision. Collective responsibility. Personal responsibility is refers to the decision on the issue by the individual to make decisions and take the corresponding responsibility of the decision. The collective responsibility and individual responsibility is different form the principle of democratic centralism in the work of state organs. Due to the nature of the work and the characteristics of each country shall not, reflects the democratic centralism of the form is also different: the need to reflect the common will or judgment of legislative and judicial common will, must be based on democratic mode decision: the need for accountability, efficiency of the administrative and military. It is best to use centralized based decision-making

Answer: 46, the National People's Congress is the highest organ of state power. The provisions of article 2 : all power in the people's Republic of China belongs to the people: the National People's Congress and the local people's Congress is the highest organ of state power. The provisions of the constitution of the nature of National People's Congress and its position in the whole system of the state organs. As far as its nature is concerned, the highest organ of state power. The mean that the National People's Congress is the highest embodiment of national power. On behalf of the people of all ethnic groups will and interests of the major issues. The exercise of legislative power of the state and the state decided to live in the. The National People's Congress has the supreme power, administrative power, judicial power, higher than that of procuratorial power. The highest organ of State Administration, judicial organs, procuratorial organs are generated by it. Be responsible for it. To report it. Well to accept the supervision of the National People's Congress, play an important role in China's government system, any other country authorities are not super power to the National People's Congress on cannot be alongside of it. The National People's Congress and its Standing Committee through the laws and resolutions, other state organs must be followed. The need is clear. The highest position of the National People's Congress is the Constitution and state organs work. As the people's democratic dictatorship, political leadership core of our people is Chinese Communist party. Therefore, the National People's Congress on legislative activities and other important matters. We must consciously accept the party's principles, policies. However, the Communist Party of China cannot replace the NPC legislation, more can't command to the National People's Congress: the National People's Congress enacted the law, the party must also comply with Chinese.

Answer: (l ) 47, the Supreme People's court is the highest judicial organ of the country, unified supervision of local people's courts at various levels and of the special people's court. The highest judicial organ of the meaning is: l ) in any case, the Supreme People's court is the judicial process ends. As the court of first instance cases in the Supreme People's court. A trial; take it as the appellate case, it concluded after the case has concluded: even in the trial supervision procedures, the highest the people's Court of retrial procedure is the last line of the court of appeal. 2 ) the highest judicial organ also means that the Supreme People's court only the most important cases to himself as the court of first instance. 3 ) the highest judicial organ also refers to the Supreme People's court shall have the right to think it should be from the lower court certiorari in their own hands, trial by himself as the court of first instance cases, which have the highest certiorari right. (2 ) supervision of the Supreme People's court for trial supervision, refers to the case to. Correct the lower court in ascertaining the facts and the law of error. This supervision is shown in the following aspects: 1) protest, the higher people's courts and the special people's court judgments and rulings of appeals and the Supreme People's procuratorate according to the procedure proposed case. Review the referee in ascertaining the facts and apply the law correctly, to be maintained or correct: the lower level people's supervision. In order to ensure the. 2 ) to the local people's courts at various levels and of the special people's courts have been effective error judgments and rulings of the trial supervision procedures or instructions according to case inferior people's court for retrial, 3) to approve death penalty system

48 , the State Council of the people's Republic of China: the government, or the Central People's government, is the executive body of the highest organ of state power, the highest organ of state administration. The State Council shall exercise the national administrative power. For the administration of state affairs. At the same time. In the highest position in the whole national administrative system, it should be the unified leadership of the people's governments at all levels to work, is the highest organ of state administration. The State Council is the people's Republic of China government, foreign government to China act; the local government must obey, unified leadership of the State Council, the only one of the Central People's government or state; the State Council is the executive body of the highest organ of state power.