Yunnan University

"The constitution"

Teaching program

 

 

Course Description: This course is a professional law basic theory curriculum and core curriculum, learning scores 3, week 4. Main contents are: the basic theory of the constitution, the fundamental system of national nature and national form, basic civil rights and obligations, the organs of state authority, composition, tenure, principles of organization and activity etc..

The purpose of teaching and the basic requirements: the constitution is the fundamental law of the state. The four cardinal principles are the guiding ideology of the constitution. Through the study of this course, master Marxism Leninism, Mao Zedong Thought about the basic theory of the constitution; to understand the specific norms of basic spirit of our constitution and its; understand the superiority of our constitution, conscientiously abide by the constitution, safeguard the dignity of the constitution; promoting China's constitutionalism, constitution and scientific, to contribute to the construction of democratic politics and the rule of law construction in China; to lay a solid foundation for learning other law courses.

The main teaching methods: classroom teaching, case teaching. In classroom discussion, the National People's Congress or the Standing Committee meeting. Organization to watch the annual "NPC and CPPCC" (the National People's Congress, the Political Consultative Conference) and so on, the completion of the semester. Adhere to the materialist dialectics, analysis method, historical analysis, comparative analysis, with the actual system.

 

First chapter         Introduction (2 teaching hours)

Teaching aims: nature and the position of this chapter mainly introduces the course and the main content, purpose and methods, teaching the basic requirements. Understanding of the research object and the research scope of constitutional law; constitutional significance of learning.

Research object, the constitutional law and the scope of the study

Two, study and research the constitutional significance

Questions for review:

1 what is the adjustment object of the Constitution?

The 2 talk about the meaning of constitution jurisprudence learning?

 

The second chapter is the basic theory of constitution (10 teaching hours)

The basic knowledge and basic theory, this chapter introduces the concept and essence of the constitution, the constitution, the basic principles of the constitution, the constitutional classification method and the main difference between the two different types of constitution; constitutional origin, constitution and constitution features, the basic types of constitutional supervision and China constitution supervision, the constitution and constitutionalism, the subject, content, object of the constitutional relation, function of constitution. Key and difficult points in this chapter is: the concept of the constitution, the basic principle; constitution; constitutional law and constitutional supervision.

The first sectionThe concept and nature of the Constitution

The concept, constitution

Two, the nature of the Constitution

The second sectionClassification of constitution

One, the constitution classification significance

Classification of constitution two, bourgeois scholars of traditional

Three, Marx's law

Four, classification and evaluation

The third section, the origin of the Constitution Constitution structure and constitution

A,The origin of the Constitution

Two, the constitution code structure

Three,The constitutional norms

The fourth section of the constitution relationship

The concept, constitution relationship

Two, the subject of constitutional relation

Three, the object of the constitutional relation

The fifth section of the basic principles of constitution

The principle of the sovereignty of the people

Two, the basic principles of human rights

Principle three, power control

Four, the principle of the rule of law

The sixth section function of constitution

Confirm, constitution and consolidate

Standardize and limit the role of two, of the Constitution

Three, the guidance of the Constitution and the coordination function

Evaluation of four, constitution and publicity

Section seventh of the constitution supervision system

The concept and significance, of the constitution supervision system

The constitutional supervision system two, a modern state

Three, the content and methods of constitutional supervision

Four, the system of constitutional supervision in China

Section eighth of the Constitution and Constitutionalism

Concept and characteristics, the Constitution

Two, the basic connotation of constitution

Three, the Constitution and constitutional politics

Four, construction of socialist constitutionalism with Chinese characteristics

 

Questions for review:

1, the concept of the constitution, essence.

Classification and standard 2, of the constitution.

3 basic principles, constitution.

4, the constitution code structure.

5, constitutional role.

6, the system of constitutional supervision in china.

7, the Constitution and constitutional politics.

8, how to perfect the system of constitutional supervision in China?

9, how to build Chinese socialist constitutionalism?

 

The emergence and development of the third chapter of the Constitution (5 teaching hours)

This chapter mainly introduces the modern constitution produce, produce process of Britain and the United States, law of the constitution, the emergence and development of socialist constitution, the main trend of development of world constitution, origin and development of the old Chinese constitution, the emergence and development of new Chinese constitution, main content and modify the basic spirit of the Constitution in 1982, the emphases and difficulties chapter is: the constitution produce condition, development trend of modern constitution, the current constitution of our country and its modification.

The first section of the emergence and development of modern constitution

One, modern constitution produce conditions

During two, modern constitution

1, the British constitution.

2, USA constitution.

3, the French constitution.

The development, constitution

1, the development of capitalism.

2, the emergence and development of socialist constitution.

The development trend of the contemporary constitution, two

The development trend, the 1 types of constitution.

The development trend, the 2 constitution form.

Development trend of 3, the content of the constitution.

The emergence and development of second day old Chinese constitution

The bogus constitution, at the end of the Qing Dynasty, the northern warlords, of a national government

Two, Chinese national bourgeois Constitution -- "provisional constitution of the Republic of China"

Three, the new democratic revolutionary people's revolution period according to the constitutional documents

The emergence and development of third new China constitution

One, "China people's Political Consultative Conference common program"

Two, the constitution of 1954

Three, the constitution of 1975

Four, the constitution of 1978

Five, the constitution of 1982

 

Questions for review:

1, constitution is produced under what conditions?

2, what is the development trend of the contemporary constitution.

3, how to evaluate the constitutionalism movement of the old Chinese.

4, how to evaluate "the historical status and role of" provisional constitution of the Republic of china.

5, the "common program" historical significance.

The main contents of the 6, the 1954 constitution.

The basic spirit of the 7, the current constitution.

What is the main content of the 8 previous, current constitution amendment?

 

The fourth chapter the nature of the state (6 teaching hours)

Determinants of this chapter mainly introduces the nature of the state: national constitutional provisions of the state nature of the Chinese: the people's democratic dictatorship socialist country; economic foundation determine the property of our country are economy with public ownership as the core; construction with the property of our country socialist spiritual civilization is a strategic policy issues. Only from the basic properties of each class, to grasp the economic foundation of our people's democratic dictatorship socialist countries. The emphasis and difficulty of this chapter is: the concept of nature of the state and the decisive factor, the nature of the state of our people's democratic dictatorship, five kind of economic form in our country, the construction of socialist spiritual civilization.

The first day of class nature of state power

One, overview of national property

Two, the people's Republic of China is the people's democratic dictatorship socialist countries.

The second section state power economic foundation

The concept, economic system and performance in many countries in the Constitution

Two, the socialist public ownership is the foundation of our country economic system

Construction of spiritual civilization in third countries

One, the spiritual civilization and the Constitution

The main contents of the two, the socialist spiritual civilization construction in China

 

Questions for review:

What is the basic factor of 1, determine the nature of the state?

2, why is the people's democratic dictatorship is essentially the dictatorship of the proletariat?

3, the patriotic united front nature, scope of the task?

4, the dialectical relationship between democracy and dictatorship?

5 basic principles, test the multi-party cooperation and political consultation system under the leadership of the Communist Party of the China and main form.

What is the 6, China people's Political Consultative Conference function?

What is the basic content of 7, China's basic economic system in the primary socialism? The basic content distribution system on what?

What is the main content of 8, the construction of socialist spiritual civilization?

9, the life practice of citizen basic moral standard twenty word.

 

The fifth chapterForm of state (6 teaching hours)

This chapter introduces the concept and types of political power organization: the people's Congress system is the fundamental system of our country socialist democracy, understanding the essence of it and how to improve the system of people's congresses; China is a unified multi-ethnic country, implement the system of ethnic regional autonomy system and Special Administrative Region; the national flag, national emblem, the national anthem is a symbol of the country, to love the motherland, consciously safeguard the uniformity and dignity of the motherland, and strive for the construction of the motherland. This chapter is the focus and difficulty: the regime concept and classification of the form of state structure form, development, perfect the system of people's Congress, China's cause of unitary system, the system of regional ethnic autonomy and Special Administrative Region System

The first section form of political organization

A form of political organization, overview

Two, the people's Congress system is China's fundamental political system

Three, the mass autonomous system level

The second sectionThe form of state structure

Introduction, the form of state structure

Two, China is a unitary state structural

The system of regional autonomy of ethnic groups three, is a basic political system to solve the national problems

Four, the system of Special Administrative Region

The third sectionNational symbol

A national flag, national emblem, is a national symbol.

Two, the national anthem is representative of the state of song

Three, the capital of Beijing China

 

Questions for review:

1, countries include what content? What is the relationship between it and the nature of the state?

What is the main content of 2, the people's Congress system?

3, how to develop and perfect the system of people's Congress?

What is the concept and main content of the system of regional autonomy of ethnic groups 4,?

The concept and characteristics of 5, Special Administrative Region? It is what aspects of a high degree of autonomy?

6, our country implements the cause of single?

7, China's administrative division principle? Administrative division of China's current?

Type 8, the organizational form of regime?

 

Fundamental rights and duties of citizens of the sixth chapter (8 teaching hours)

The basic theory of basic rights and obligations of this chapter introduces the citizen's legal status, recognize our citizens in national life, basic rights and duties of the citizen of our country content, the dialectical relationship between the clear rights and obligations, with the constitution as the highest standards of behavior, their human rights, the right to exercise the rights, consciously to fulfill the obligation. This chapter is the focus and difficulty: the concept and principle of citizen, the people, our basic civil rights and obligations of the content and how to properly exercise their rights, consciously perform the obligation.

The first section outlines the basic rights and obligations of citizens

A, citizenship and nationality

Two, citizens and people

The fundamental rights of citizens of the three concepts, and basic obligations

The historical development of basic rights and obligations of citizens, four

Five, the relationship between civil rights and national rights

Six, guarantee the citizens' basic rights and freedom and its limits

The basic rights of citizens in section second, China

A, citizen participation in the political life of the rights and freedoms

Two, personal freedom and rights of citizens

Three, freedom of religious belief

Four, the basic rights of citizen's social economic aspects

Five basic rights, culture and education.

Six, specific human rights

The third sectionThe basic obligations of citizens of our country

A, safeguard national unity and national unity

Two, abide by the Constitution and the law, keep state secrets, protect public property, observe labour discipline, observe public order, respect social ethics.

Three, safeguard the security, honour and interests

Four, defend the motherland, to perform military service and join the militia

Five, pay taxes according to law

Six, other aspects of the basic obligations

The fourth section    The characteristics of China's citizens' basic rights and obligations and the exercise of principle

The main characteristic, our country basic constitutional rights and obligations

 

Questions for review:

1, the concept of the basic rights of citizens, the basic obligations.

The difference between the 2, citizens and people?

3, the relationship between civil rights and national rights?

4, we should limit how to understand the basic rights and freedoms?

5, our citizens basic rights and freedom?

The main characteristics of the 6, our basic civil rights and obligations?

Guiding principle 7, our citizens the right to exercise their rights and freedom?

 

The seventh chapter electoral system (5 teaching hours)

This chapter mainly introduces the historical development of the electoral system of China and the essence of socialist democracy; the basic principles of the electoral system of China; China's electoral organization and the general procedure; the superiority of the electoral system of China compared with the capitalist electoral system; this chapter is difficult: the basic principles of our electoral system, election in China Democratic procedures.

Overview of the electoral system

The concept, the electoral system

Two, the emergence and development of the electoral system

Three, the electoral system and Party System

The relationship between four, elections and voter

The basic principle of section second of the electoral system of China

The principle of universality, the right to vote

The principle of equality, the right to vote two

Three, direct election and indirect elections and with the principle of

Four, the principle of the secret ballot

Five, the principle of balance election

The principle of material security and legal protection, the right to vote six

The third section of our electoral democratic procedures

A, direct electoral procedure

Two, indirect election procedures

 

This chapter questions:

What are the basic principles of the 1, the electoral system of China?

2, direct elections after which the democratic process?

3, how to improve the electoral system in china.

4, actively participate in the election, the full exercise of the right to vote.

 

The eighth chapter state institutions (5 teaching hours)

This chapter mainly introduces our country's national institutions, through learning should have some basic knowledge about the concept, the state organ of our country scope, organization principle, functions, categories etc.. This chapter is the focus and difficulty of authority and its difference in state institutions.

Overview of national institutions

A national organization, concept, characteristics

Class nature, the state organs and type two

The principles of organization and activity of three, China's national institutions

1, the principle of democratic centralism.

2, the principle of rule of law.

3, the principle of the masses.

4, the principle of liability.

5, streamlining and efficiency principle.

6, the principle of democracy and equality.

The second section of the National People's Congress and its Standing Committee

A, the National People's Congress

Two, the NPC Standing Committee

The special committee of the three National People's Congress

Four, the National People's Congress

The third sectionPresident

A summary, head of state

History two, China's state system

Three, the provisions of our constitution of state system

Section fourth of the State Council

The nature and status, the State Council

Composition and term of two, the State Council

Three, the State Council leadership system

Four, the State Council Conference System

Five, the State Council authority

Six, State Council ministries, commissions and other bodies

The fifth section of the Central Military Commission

One of the Central Military Commission, the nature, status

Two, composition and term of office of the Central Military Commission

Three, the central military commission responsibility and leadership system

The sixth section of local people's congresses and local people's governments at various levels

One, the local people's congresses

Two, the local people's governments at all levels

In section seventh, the people's court and the people's Procuratorate

One, the autonomous organs of the nature, status

Two, the autonomous authority

In section eighth, the people's court and the people's Procuratorate

One, the people's court

Two, the people's Procuratorate

 

Questions for review:

1, the concept of national institutions, feature?

What are the principles of organization and activity of 2, China's national institutions?

3, the prime minister in charge of what?

4, how to understand the National People's Congress is the highest organ of state power?

5, the Constitution does not require the restriction term to the Central Military Commission Chairman, what do you think?

What are the principles of the 6 trial work, the people's court?

What are the 7, the people's Procuratorate authority?

8, what is the organ of self-government of the national autonomous areas? It enjoys what autonomy?

 

 

This course: Zhou Yezhong editor: constitution, higher education press, Peking University press, 2000 December Edition

Bibliography:

1, Wu Jialin editor: constitutional law, Beijing: People Publishing House, 1983

2, Zhang Youyu, constitutional review (, 2), Beijing: People Publishing House, 1986

3, Xu Xiuyi, Han Dayuan: principles of constitutional law (on) Beijing; Chinese People's Public Security University press, 1993

4, Han Dayuan editor: foreign constitution, Renmin University of China press, 2000

5, Li Buyun editor: a comparative study of the constitution, Law Press, 1998

6, edited by Han Dayuan; constitutional development history of new China, Hebei people's publishing house, 2000

7, Zhao Baoyun: five Western constitutional theory, Chinese People's Public Security University press, 1994

8, Zhang Qingfu editor: fundamental theories of constitution, Social Sciences Academic Press, 1994

The writing group 9, book: the Constitution and the constitutional amendment counseling books, China legal publishing house, 2004 March