2013Years of law major study section constitution subjective test summary

 Form characteristics, constitution

(a) the formulation and revision of the constitution procedure different from the common law

The constitution is the fundamental law of the state, its content is of importance and authority. Therefore, compared with the common law, the constitution has the solemn

Stability and stronger,

This determines the formulation and revision of the constitution procedure is more strict. On the one hand, the formulation and revision of the constitution is different from the other organs

Law. On the other hand, the Constitution

Through and modify the program is different from other legal.

(two) the constitution has the highest legal effect

The constitution is the supreme law of a country, in political and social life has the highest legal effect. This is mainly manifested in the

The following two aspects:

First, the constitution is higher than that of common law, general provisions of law shall not contravene the constitution, otherwise invalid.

Second, the constitution is the fundamental rules of behavior all state organs, social organizations and citizens.

Two, the essential characteristics of the Constitution

The substance of modern constitution, is divided into two parts, one is the national governing body and the division of authority, the two is the fundamental rights of citizens

Good security. And on the two

Relationship between parts, for the effective guarantee of the rights of citizens to have a legitimate exercise of state power, and the limit state

The power of the original or basic

Lies in the protection of civil rights, the protection of civil rights is the core in the constitution of dominance.

(a) respect and protection of basic human rights

France's "Declaration of human rights" that all right without social support has no constitution, the constitution has the rights

Sex.

(two) to the state power regulating and restricting

Organization and division of authority state ruling mechanism is an important part of the constitution content. On the one hand, the constitution is to exercise state

The power to another

The powers of the state, the constitution is the limitation of the exercise.

Three, constitutional law

(a) concept and form

Constitutional Law refers to the common legislature or recognized, based on Constitution for the content of the specification in accordance with the ordinary legislative procedure

Document. Constitutional law

Law includes two situations: one is the common law with the content of the constitution; another is the Constitution and the national legislation with

Authorities in accordance with the law endowed the legal effect

Force or re interpretation of the law in some political documents or international agreements, regional alliances.

(two) the status and role

Constitutional law, in the written law countries is to supplement the constitution, or sometimes some written constitution norms in concrete

The unwritten constitution state,

Constitutional law is the most important form of constitution, is the existence of these national constitutional system and the most basic operation in

According to the constitutional system, or by

Mark step formation.

Four, the Constitutional Convention

(a) concept

Conventions of constitution is formed gradually in the political practice of the long-term, fundamental issues related to the social system and national system, and the

A widely acknowledged

A binding customary and traditional sum.

(two) the status and role

The constitutional convention unwritten constitutional state, is an important part of the constitution, and in countries with written constitutions, constitutional plays an important

Supplementary role. Constitution

Practice has no specific legal documents form, also does not have the applicability of judicial, violated the constitutional convention generally does not

A violation of the constitution. Therefore, the inertial

Patients did not run by the coercive power of the state to guarantee, but the Constitutional Convention may be abandoned because of the development of the times. Britain

The typical country of unwritten constitution.

Five, constitutional case

(a) concept

Constitutional case is to exercise the power of judicial review of the ordinary courts or the specialized agencies formed in the application of constitutional judicial cases binding

Precedent.

(two) the role and status

In common law countries, according to the "precedent" principle, apply the constitution the Supreme Court and the higher court verdict is subordinate method

Court of similar cases

Be of constitutional jurisprudence basis. In the civil law countries, the constitutional court or other special constitution supervision mechanism in constitutional litigation

In the decisions, the general

The court also has the legal binding force, other state organs also tend to respect.

Six, a written constitution and the unwritten constitution

(a) classification standard

Division of a written constitution and the unwritten constitution basis and the standard is whether the constitution has unified code form. This classification is the first

A British scholar James

J Blaise proposed.

(two) the meaning

The written constitution, is composed of one or several provisions of the basic system and basic tasks of the constitutional legal documents

Constitution, the modern world

Most countries of the world constitution is a written constitution.

The so-called unwritten constitution, is not only a written form of the constitutional legal document, constitutional case, and non written constitution

Practice, without

The written constitution, the British are the typical countries of unwritten constitution.

(three) the status and characteristics of

The written constitution is the main form of constitution which, it is characterized by constitutional norms, and easy to understand, clear focus

Etc.. So, world

Most countries have adopted a written constitution to define and express constitutional norms.

For a no name is codified constitution, but through a series of are regarded as legal documents of constitution validity

Said constitutional norms of the country

Family, often called a unwritten constitutional countries, such as britain. The British constitution is typical of the unwritten constitution, main

Composed of three parts: (1) a

Series of constitutional legal documents; (2) the court case; (3) the constitutional convention.

The seven constitution, rigid and flexible constitution#06Year answer: compare the rigid constitution and flexible constitution#

(a) classification standard

The constitution is divided into rigid constitution and flexible constitution is the British scholar James Blaise in "the history and law research" a book in one of the most

Early proposed. Rigid constitution

Method and flexible constitution the basis and criteria for the classification is to modify the program to the legal effect of the Constitution and the constitution.

(two) the meaning

The so-called rigid constitution, is the formulation and revision of the constitution procedure is stricter than the general law, has the highest legal effect of the constitution, when

Today, the vast majority of the world

The country's constitution belongs to this category of constitution.

The so-called flexible constitution, is the formulation and revision of the constitution procedure, law and common law exactly the same constitution. The British Parliament

In different historical periods

The formulation and revision of the ordinary legislative procedure of constitutional law, the validity and other legal documents are identical, the UK is code

The flexible constitution state.

(three) characteristics

Rigid constitution, regardless of is to develop, modify, or on the interpretation, must be carried out according to a set of strict legal procedures, to the body

The constitution created a sacred.

The utility model has the advantages of clear and specific, to facilitate the implementation of. Flexible constitution creating forms and procedures as well as ordinary law generally, therefore,

The resulting in the constitutional law

On the legal validity and common law legal effect is the same, so as to show its biggest advantage: than rigid constitution elasticity, suitable

Should be relatively strong, easy to adapt

The constantly changing social environment; its disadvantage is also obvious: less rigid constitution stability, authoritative co..

Eight basic principles, constitution

There are the principle of people's sovereignty principle and the principle of the rule of law, the basic tenets of human rights, restricting power. The interaction between is not isolated,

But the common services in the

An objective, which restrict the state power and the protection of civil rights, concrete can be expressed as the people's sovereignty is the logical starting point, basic human rights

Is the ultimate objective, restriction of power

Is the basic means, the rule of law is the fundamental guarantee.

Nine, the principle of the sovereignty of the people#06Years of study: the principle of the sovereignty of the people of the Constitution#

(a) content

The principle of sovereignty, which can also be called "sovereignty belongs to the people" principle, the principle of national sovereignty, the settlement in theory is the national

Authority is the sovereignty

The problem. The people's sovereignty theory that the sovereign power in the State shall belong to the people, not to the monarch, the state sovereignty

For society as a whole, and not

Is a person.

(two) the specific embodiment

Parliamentary supremacy and the sovereignty of Parliament is the embodiment of people sovereignty principle system. The Constitution in general from the following three aspects reflect the people's sovereignty

Principle: 1, clear

Set the people's sovereignty principle; 2, through the provisions of the people exercise state power to safeguard the sovereignty of the people; 3, through the provisions of civil

The rights and freedoms to wide

Now the people's sovereignty.

(three) the provisions of our country

China's constitution stipulates that the implementation of this principle, and the related system. "In the first paragraph of the" second provisions "of the people

All the power of the Republic

Belongs to the people ", the state power belongs to the people instead of belonging to a particular person or group. The article second, paragraph 3 further provisions:

"The National People's Congress and the local people's congresses at various levels are the organs exercise power for the people. The people in accordance with the law,

Through various channels and in various forms, management of state affairs, management

Economic and cultural undertakings, the management of social affairs." Article third stipulates: "the state organs of the people's Republic of China shall apply the system of democratic centralism

Principle. The National People's Congress

Congress and the local people's congresses at various levels are democratically elected, responsible to the people, subject to the supervision of the people. The state administrative organs,

Judicial organs, procuratorial organs

Are generated by the people's Congress, responsible to it, subject to its supervision."

Ten, the basic principles of human rights

(a) content

Human rights, refers to the basic rights of every human being should enjoy. Basic human rights including the right to life, the right to development, the right of personal liberty,

The political, economic and social rights

Cultural rights. The principle of human rights was first proposed as the opposite of monarchical and theocratic. Human rights is the evaluation of government existence and operation

The main standard, the existence of government

The objective is to protect human rights.

(two) history

The modern world is not only the natural right as a basic principle, but also as a real law is the right stipulated in the constitution, supplemented by

System security machine corresponding

System change, the natural right as a basic right of the citizen, and then have the possibility of restriction of state power.

The contents of human rights in the development, changes and increased, the content of the right early only natural rights, is not asking the government to product

Extreme behavior can be achieved

Right. With the development of society, showing the value of equality of social and economic rights has gradually become the contents of the constitution. In addition, the international

The society also gradually added to the human rights

Protection mechanism.

(three) the provisions of our country

The constitution of China "second chapter" basic rights and obligations of citizens provisions and lists the basic right of the citizens, the public

The constitutional protection of civil rights.

In 2004, China adopted amendments to the constitution, "the state respects and protects human rights" into the constitution, it is of great significance.

First of all, it means the country

Objective by taking economic construction as the center and to respect and guarantee human rights into the direction; secondly, it shows the human rights clause

On the legislative power, executive power,

Judicial power constraint; thirdly, provides a measure of value for our contemporary constitution implementation, interpretation of the Constitution and constitutional review;

Finally, it is our country constitution

Ideas from instrumentalism to constitutionalism transition provides an opportunity.

Eleven, the principle of the rule of law

(a) content

The principle of the rule of law and the center of real meaning is to the state power restriction and respect for individual rights. It requires the realization of the rule of law,

Respected the supremacy of law,

Establish the legal authority, to resist the power of the free state, the protection of personal freedom.

The rule of law is the fundamental law of authority over the people by the authority, legal authority. The core contents of the rule of law, the constitution is the country: 1

The highest legal family; 2,

All state organs and officials to govern the country according to law; 3, the Constitution and the law must accord with justice, are good; 4, legal

Everyone is equal before the law; 5, Si

Independent, subject only to the Constitution and the law.

(two) the specific embodiment

The principle of rule of law consists of the following forms: 1, in the constitutions of many countries in the constitution expressly declared the country under the rule of law; 2, in

In the preamble to the constitution declared

A country under the rule of law; 3, does not directly use the rule of law ", but from other text suggests the principle of rule of law; 4," basic principles"

As the chapter name or in other chapters

The legal and political system.

(three) the provisions of our country

"The people's Republic of China to implement the rule of law, building a socialist country ruled by law."

Twelve, the separation of powers and checks and balances

(a) content

The separation of powers and checks and balances, also known as the principle of separation of powers, is refers to between the various parts of the state power, mutual supervision, mutual restraint, to

The protection of civil rights of the original

Then. The state power restriction on state power under the surface, deep reflects the control rights of citizens to the state power.

(two) the specific embodiment

System of national power separation and balance principle is not exactly the same, but different, performance for a variety of state power

In the organs of political power and the Constitution

Law is not exactly the same. Some countries to implement the separation of the three powers, between various kinds of power is based on the implementation of some countries

"Parliamentary supremacy"; and

Countries represented by the president of the executive power and position system.

(three) the provisions of our country

China is a socialist country, China's Constitution clearly stipulates the principle of democratic centralism, and the provisions of the National People's Congress is the country

The highest power organ,

The state administrative organs, judicial organs, procuratorial organs by the people's Congress, responsible to it, subject to its supervision.

Thirteen, the Constitution and Constitutionalism

(a) the concept and elements of Constitutionalism

Constitutionalism, limited government, it points to a set of establishment and maintain effective control of political behavior and political activities of the technology, in order to

To safeguard people's rights and self

By. Constitutional factors should have the following:

1, it should be "good law", has legitimacy.

2, as the highest authority of the Constitution and the law.

3, to the human rights and freedom as the standard.

4, the constitutional and legal constraints of power as the center of gravity.

5, the judicial review by security, or known as the regulation of the constitution.

(two) the relationship between constitution and Constitutionalism

A country only constitution or constitutional laws, does not mean that this country has been truly established constitution or constitutional government.

Between the Constitution and constitutional government, there is a very close relationship. From a logical point of view, the constitutional government with the constitution as the starting point, not the constitution will talk

Not constitutional, and leave

The constitutionalism, constitutional law has become a mere scrap of paper. From the content point of view, the contents of the constitution determines constitutional content, the formation of constitutionalism,

Development and change, are there

Must obey to make the Constitution on the paper become real constitution purpose. Look from the value orientation, the Constitution and constitutionalism is to limit the country

State power, safeguards the rights of citizens

As the fundamental spirit and value orientation. Therefore, the constitution is the precondition of constitutionalism, constitutionalism is the life of the constitution, the constitution of constitutional practice guidance

Practice, practice and improve the constitution constitutionalism.

The constitutional government must take the constitution as the premise and basis of benign, no sound constitution without constitutionalism. The constitutional practice in front of the constitution is not

Completely passive. Into the

The constitutional practice people pursuit of ideal values, the reaction to the Constitution on the paper more in line with people's pursuit of

The value orientation.

Fourteen, the revision of the Constitution

(a) concept

The revision of the constitution, the general is used before the constitution into effect, in the implementation process, the department according to the specific program,

To abolish, change, repair

The sum of the parts of the constitution content charging activities. China will have to amend the constitution partial modification and overhaul.

(two) the reason

1 reasons, the objective aspect: social change. Including the economic system, political system, cultural change ideological change etc..

2 reasons, subjective reasons: the ruler and the founders.

(three) the right to amend the restrictions

1, modify the content restrictions. Modify the content restrictions are divided into several situations: A, the basic principles of the constitution is not

Modify the content. B,

Provisions of the Republic shall not be modified. C, provision of basic rights of citizens shall not be modified. D, specified in the constitution are not modified

A loss of national sovereignty and territorial

Complete.

2, changes in the time limit. Time constraints can be divided into two kinds of situations:

A, specified non after a certain period of time, not to amend the constitution. B, required to amend the constitution regularly.

3, special circumstances to amend the constitution to limit.

4, modify the program limits on. The constitutional amendment to the constitution are provisions must have special program, the strict procedures are generally

Higher than ordinary legislation

The program. The most effective on the power to amend the Constitution limits should be amended procedural restrictions.

The constitutional amendment procedures generally as follows:

Proposal to modify a, constitution. Review and vote on proposals to modify B, constitution. C, amendment and published in force.

Amendment to the constitution was officially published, is generally effective immediately, but there are exceptions, came into effect in a certain time after the publication of the.

Fifteen, constitutional interpretation#04Year answer: on our Constitution Interpretation#

(a) concept

Constitutional interpretation, refers to the meaning of the Constitution by the authorities to explain, in order to ensure the enforcement of the constitution, which is the

The constitution refers to

The meaning of a specific interpretation of the constitution. China's constitution stipulates the National People's Congress Standing Committee has the power to interpret the constitution.

(two) function

1, to uphold the constitution specification of function, so that the Constitution can be complied with. 2, make up for the defects in the constitution. 3, the Constitution can be

Keeping pace with the times, constantly

To adapt to the social changes.

(three) properties

Constitutional interpretation is the unity of objective and subjective, constitutional interpretation must be based on the text of the constitution as the basis, to explore the intention and reality

On the constitutional requirements.

(three) the principle

1, the principle of unity; principle 2, balancing of interests; 3, the principle of stability.

Sixteen, American Federal Constitution

The current American federal constitution consists of a preamble, 7 articles and 28 amendments to the constitution.

(a) the provisions of the constitution of the people's sovereignty, declared.

(two) the provisions of article first the composition and powers of parliament; the provisions of article second presidential authority and methods; third

Constant composition and federal court

Its terms of reference; fourth main provisions of state authority.

(three) the provisions of article fifth amendments to the constitution are proposed and the program; sixth main provisions of the Federal Constitution and in accordance with the Constitution

The law includes international

Convention for the supreme law of the land; seventh the provisions shall be subject to the approval of the new constitution in 9 states after the entry into force.

(four) first - the 10 amendment, the bill of rights, announced that citizens enjoy freedom of religious belief, freedom of speech, press, assembly,

Freedom of petition, and the provisions of

Congress shall make no law limiting the freedom; also stipulates that citizens have the right to bear arms; citizen unless according to a grand jury Report

Or prosecution, shall not be sentenced to death

Judicial crime or other crime against nature; nor shall be compelled in any criminal case to be a witness against himself; without due process of law, shall not be

Be deprived of life, liberty or property

Production, etc..

Seventeen, the development trend of constitution:

(a) the constitution is more and more emphasis on the protection of human rights, expanding the scope of civil rights.

(two) the expansion of government power, is the inevitable result of social development.

(three) more and more attention to the highest authority to establish the constitutional review system to safeguard the constitution.

(four) the constitution is extended from domestic law to international law. Many state constitutions have combined with the contents of international law, in

The international law of human rights protection

Particularly highlights.

Eighteen, "imperial constitution outline"

"Imperial constitution outline", namely "nine years after implementation of preparatory constitutional preparations for the encyclical", is the Qing Dynasty draft constitution principle

Or outline. "Outline"

Into the "Eagle on the power" (14) and the appendix "subjects of rights and obligations" (9). Its main content is: (1) the provisions

Sovereign inviolability; (2)

The overall power requirements; (3) the provisions of the rights and obligations of subjects.

Nineteen, "Nineteen principles"

The full name of the "nineteen major tenets", although it is not the right of the people, but the substantive restrictions on the power of the emperor. "Creed" and "compared with the nineteen imperial constitution outline" have very big distinction. First, "constitution" and the spirit of absolute monarchy to a few, and the "Nineteen

Creed "can be regarded as the virtual ruler

Cabinet of. Content "creed", nineteen reduced the power of the emperor, expanding the power of Congress, implement similar Yu Ying

The responsibility cabinet system, such as

"Emperor's right provisions to the constitution". Second, "Nineteen principles" is a temporary constitution, have the force of law, it

In fact, is the history of our country's article

A constitution. Third, "constitution" in the constitution of Japan as reference, and "Nineteen" is modeled on the British creed "monarch of the Constitution

Chapter "formulation.

According to the "Nineteen principles" of content, this can bring peace and stability to the country of the power, but it came too late, again also cannot convince people, to the current political situation

No restore force.

Characteristics of twenty, eight two of the Constitution

(a) to determine the four cardinal principles as the guiding ideology.

(two) the emphasis on economic construction as the focus, but also attaches great importance to the construction of socialist spiritual civilization.

(three) adhering to and improving the socialist economic system.

(four) ensure and expand the citizens' basic rights.

(five) began to pay attention to promoting democracy and efficiency of national institutions.

Twenty-one, the basic human rights and human rights

(a) the connotation of human rights:

The connotation of human rights, the human rights should be legal and reality, three forms of grasping the.

Rights refers to the person's rights, that ought to be human rights;

Legal right is a legal recognition and protection of the rights by the state, is the legal form of rights, that right the legal

Sex;

There is a right that people enjoy practical in real life forms of rights, is the realization degree of rights, that right

".

The basic relationship between three kinds of forms: provides a source of value and judgment standard of due right to legal right; legal rights shall have the right to

To create the conditions for the realization of profit;

Shall have the right to have transformed into real rights, human rights by the concept into reality.

(two) the relationship between the two

When the human society develops to a certain historical stage, people think that there are some rights is very important, for people is essential, and should

When the right, constitutional norm

Technology will be the people who in the specific historical stage, should enjoy the rights, with a basic, fundamental and decisive,

Has the highest legal effect

Specification confirm and guarantee, absorb it is a constitutional right, is also referred to as the basic rights.

Human rights are the basic rights of the source, is the foundation of its rationality, the citizen's basic rights originated from human rights. The citizen's basic

Right is specified in the

Of human rights in the constitution, is a part of human rights legal form.

Twenty-two, nationality

Nationality is a legal person belonging to a national identity. The existing constitution text in China of nationality is determined, citizenship

The only condition of lattice. Now

All over the world generation generally the nationality as their citizenship laws. It means a fixed individuals and nations

Legal relationship, is the state of

The exercise of power and the legal basis for the protection of. Have a nationality is generally considered not to be deprived of the right to.

The obtained Chinese nationality is jus soli and jus sanguinis combined way. That is to say, one or both parents

As Chinese citizens,

I was born in China has China nationality; either one or both parents to Chinese citizen, I was born in a foreign country, with

The nationality of one or both parents

As Chinese citizens are living in a foreign country, I was born with a foreign nationality, does not have the nationality of whose parents are stateless China

Or of unknown nationality, living in

Chinese, I was born in Chinese, has Chinese nationality.

Foreigners or stateless persons who apply for China nationality, must have two conditions, namely, applicants must be willing to abide by the Chinese

The Constitution and the law; application

People must be out of my voluntary. At the same time, the application must also meet the conditions provided for by law: (1) the applicant for the China citizens

Close relatives; (2) the applicant

Settled in Chinese; (3) other justified reasons.

The approved to join the Chinese nationals, no longer retain foreign nationality, Chinese citizens volunteered to join or acquired foreign nationality, is

Automatically lose Chinese nationality.

Characteristics of judicial power

1, negative; 2, the procedure; 3, neutrality; 4, 5, review of the judgment.

What are the norm of constitution in China twenty-three, about equal rights?

China's constitution stipulates about the right of equality is the main content of:

(1) the thirty-third paragraph second: "citizens of the people's Republic of China are equal before the law."

Thirty-third (2) the provisions of the third paragraph: "every citizen is entitled to rights under the Constitution and the law, and must comply with the Constitution and the law

Obligations."

Fifth (3) the provisions of the fourth paragraph: "no organization or individual may be beyond the constitutional and legal privileges."

Fourth (4) the provisions of the first paragraph: "all ethnic groups in the people's Republic of China are equal", "Prohibition of discrimination and the pressure of any nationality

Forced."

Forty-eighth (5) the provisions of the first paragraph: "the people's Republic of China, women in the political, economic, cultural, social and family

All enjoy the same

Equal rights of man." The third paragraph: "the rights and interests of the country to protect women, the equal pay for men and women, culture and

Selection of women cadres."

(6) the thirty-sixth paragraph second: "citizens shall not be discriminated against religious and non religious citizens."

Twenty-four, the meaning of the right of equality, range, characteristics

Thirty-third whoever has the nationality of the people's Republic of people are citizens of the people's Republic of china.

Citizens of the people's Republic of China are equal before the law.

The state respects and safeguards human rights.

Every citizen is entitled to rights under the Constitution and the law, at the same time must perform the duties prescribed by the Constitution and the law.

(a) according to the provisions of the constitution, the equal rights of citizens in China should include the following meanings:

(1) China's citizens regardless of nationality, race, sex, occupation, family background, religious belief, education, social position,

Factors such as the status of the property,

All enjoy equal rights under the Constitution and the law and freedom, equal to fulfill the obligations stipulated by constitution and law;

(2) the legitimate rights and interests of all the citizens of the state according to law shall be protected equally, illegal and criminal acts of any citizen, equal

To investigate and punish;

(3) the state does not allow any organizations and individuals beyond the constitutional and legal privileges, regardless of what people should strictly abide by the Constitution and the

Law.

(two) the basic features:

(1) the main equality of rights of all citizens, it means that the legal status of all citizens equal.

(2) the right of equality is a principle, is the basic task of the nation.

(3) the equal right means that the citizens enjoy equal rights, equal obligations.

(4) the equal right is a right through the other rights of citizens in. The other rights, such as the equality of men and women, racial equality

Or equal political rights,

And the realization of specific economic equality.

(5) a basic right of the citizen right of equality is not only in China, but also the basic principle of our constitution. To protect the equal rights of citizens is

The basic requirements of the constitution.

(three) the scope of the right of equality

Scope refers to the equality of citizens of equal rights in the legislative, judicial and law-abiding, or only that citizens are equal justice, abide by the law,

Not including the legislation level

Such as the scope, this is the law of controversial issues.

Equality in legislation is a prerequisite for justice, equality of law, no legislation on equality, it will be impossible to realize the full sense of the flat

So, while the content of law

If inequality, judicial and law-abiding more equal, can only lead to eventual more inequality.

Twenty-five, the right to vote and to be elected

The right to vote is that citizens enjoy the election of state power (Legislative) agency representatives and other national civil servants' rights. To be elected

Refers to the right of citizens to be

Elected to the state power (Legislative) office representative or other national civil servants' rights.

China's constitution stipulates that the thirty-fourth: "the people's Republic of China citizens aged 18 years, regardless of nationality, race, gender, job

Industry, family background, religious

Religious belief, education, property status or length of residence, have the right to vote and to be elected; but in accordance with the law to be deprived of political

Except for political rights people."

Citizens enjoy the elected representatives and other public employees rights, and the can supervise, have the right to recall of incompetent persons.

The constitution of China seventy-seventh

Stipulates: "the National People's Congress are subject to supervision by the units which elected. The electoral units have the right in accordance with the procedures prescribed by law

Remove the selected generation unit

Table." Article 102nd stipulates: "the electoral units and voters to local people's congresses at various levels have the right in accordance with the law

Order the removal by their elected generation

Table"

Twenty-six, freedom of speech#Compulsory#The specific provisions of our constitution and the specific way of the limit

Freedom of speech is that citizens enjoy the constitutional through oral, written and film, drama, music, broadcast, TV etc.

Express their views of self

By rights. It is the most important right of citizen political freedom, other freedom is freedom of speech and the expansion of concrete.

Freedom of speech has broad sense

Divided. Narrow sense of freedom of speech is a citizen to comment or discuss problems of rights in public places. Generalized free speech including

The freedom of the press, academic freedom,

Freedom of the press. Freedom of speech in the constitution theory is called "free" or "freedom of expression".

Freedom of speech as the legal rights of citizens, which refers to the state of any legislation and administrative activities must not deprive citizens of words

On liberty, or

The unconstitutional act. But this is not absolute, the article fifty-first of the Constitution clearly stipulates: "citizens of the people's Republic of China in the exercise of the right to

And freedom, not loss

Harm national, social, collective interests and other legitimate rights and freedom." According to the law of our country, citizen

In the exercise of the right of free speech

When, must be limited as follows: (1) shall not use the comments by counter revolutionary propaganda, counter revolutionary sedition; (2) shall not be used in speech

For false, against other citizens

Activities; (3) no dignity insult, libel, slander with the speech of other citizens.

Twenty-seven, the freedom of the press

The freedom of the press is the extended form of free speech, freedom of speech is generalized. It mainly refers to the citizen in the Constitution and the law

Range, by the

Press to express their views and ideas of rights. It is the main medium of books, newspapers, leaflets, radio, tv,

The freedom of the press are generally more

For written form opinions into system.

Twenty-eight, assembly, parade, demonstration for freedom

Assembly, parade, demonstration is the political rights of citizens. The constitutions of most countries give citizens to rally, parade, demonstration of freedom.

The rally is gathered in the dew

Days of public opinions, intentions, activities. The parade is a public place in the open air public roads, parade,

Expression of common intention activities.

Demonstration is a public place in the open air or public roads to rally, parade, meditation, expression, protest or

Support, support for their common meaning

Activities. The rally, parade, demonstration has the characteristics as follows:

First, the rally, parade, demonstration was held by the citizens activities.

Second, assembly, parade, demonstration is held in a public place in the open air activities.

Third, the rally, parade, demonstration is to express a wish.

Fourth, assembly, parade, demonstration is the political rights of citizens.

Citizens rally, parade, demonstration of freedom is the modern democratic system, countries should provide citizens the full exercise of the

The right to provide the necessary

And security.

At the same time, assembly, parade, demonstration is an expression of will more intense way, objectively tend to cause a society

The negative influence, the

The law of various countries to rally, parade, demonstration to restrict the right to freedom of. At present, the world's major limitation

There are three kinds: (1) reporting system,

That is only at a rally, parade, demonstration of report to the appropriate authorities, without its approval; (2) the approval system, namely the rally, parade,

Demonstrations must have shut down

Close the permission to hold; (3) after the punishment, namely in the assembly, parade, demonstration before without any state interference, only in the set

Will, parade, demonstration of

Violations of the law, it shall be punished.

"Demonstrations law" provisions of the people's Republic of China must abide by the Constitution and the law rally citizens in exercising the right to freedom of

Laws, shall not oppose the Constitution

The basic principles of the determined, must not harm national, social, collective and other citizens' rights, and

The citizens assembly, parade, demonstration program, behavior, time, place, route and made some provisions.

Twenty-nine, the freedom of Association

The freedom of association refers to the citizens to a certain purpose and in accordance with the procedures to organize some kind of social group legal freedom.

Association can be divided into for profit

For the purpose of the association and not-for-profit association. The for-profit association such as companies, usually by the civil law, commercial law,

Company law should be adjusted.

Not the purpose of association can be divided Association for political and non political association for profit. Political association such as the organization of political parties and social

Political organizations, non political

Association such as religious organization, academic, culture and art, charity, entertainment group. The laws of all countries to different association

The different legal provisions.

Thirty, freedom of religious belief#06Year answer: concept of the freedom of religious belief#

The so-called freedom of religious belief, that means that every citizen has the right to freedom of religious belief, also has not the right to freedom of religious belief; have faith

This kind of religious freedom,

Also have a belief that freedom of religion; in the same religious beliefs of the sect, free, also have the belief that sect

Free; has in the past and now

Do not believe, have in the past do not believe now the letter of freedom; in a religious ceremony or freedom of movement has not attended the ceremony or event

Free.

Freedom of religious belief is a basic right of citizens, including the following three aspects:

1 freedom of conscience. 2 freedom of worship. 3 religious communities of freedom.

The thirty-sixth PRC citizens have the freedom of religious belief.

Any state organ, social organization or individual may compel citizens to believe or not to believe in a religion, and shall not discriminate against religious

Citizens and not to believe in

Teach citizens.

The state protects normal religious activities. No one may disrupt public order, impair the health of citizens, may make use of religion to

Because of the educational system of the state

Activities.

Dominant religious bodies and religious affairs are not subject to any foreign forces.

Thirty-one, our country citizen's personal rights and legal protection

Citizens' right of the person is a citizen's personal freedom and other rights and freedoms of people are protected by law, shall not illegally

Infringement of rights. The van

Wei: the freedom of person is inviolable; personal dignity shall be protected by law; inviolability of the residence; the freedom and privacy of correspondence by

Legal protection.

(a) the citizen's personal freedom shall be inviolable

Citizens and action against any illegal search, detention, arrest, deprivation, restrictions and violations. Our constitution is indeed

Recognize the personal freedom of a citizen

The basic rights are not violated. The present article thirty-seventh of the Constitution clearly stipulates: "citizens of the people's Republic of China freedom of the person of invasion

Make. Any citizen, without the people

The approval or decision of a people's Procuratorate or by decision of a people's court, and executed by the public security organ, shall not be liable to arrest. Unlawful detention and

Otherwise unlawful deprivation or

Limit the personal freedom of citizens. Unlawful search of the body of citizens."

(two) the personal dignity of citizens are protected by law

The personality dignity refers to have close personal contact name, name, portrait inviolable right, it is the civil rights as

Subject to maintain their dignity

An important aspect of. The dignity of law confirmation manifested as people should have the right of personality, it is the citizens' participation in social activities is

Qualifications, that human civilization

Progress.

The constitution of China based on the experience summary on constitutional development since the founding of new China, the dignity of the security given highly attention, regulations:

"The personal dignity of citizens of the people's Republic of China are not violated. Prohibition of civil insult, slander and false accusation by any means." This is a real

On the occasion of human dignity

Protection of the constitution, which includes: (1) the dignity of personality right of inviolability is the basic constitutional rights, constitution

Basic relationship exists; (2)

People dignity shall not be humiliated, which shall not use violence or other methods to belittle others personality, damage the reputation of others; (3)

Not to slander others, or not

To fabrication of facts, harm others personality; (4) not to others false accusation, namely to achieve the purpose of framing others,

To the relevant authorities false accusation,

Fabrication of facts. The constitutional protection of human dignity, the specific implementation by civil law and criminal law, Department of law.

From the provisions of the Constitution and laws of our country, the basic content of human dignity includes: (1) the citizens enjoy the right of personal name. 2 Gong Minxiang

Have the right of portrait. (3)

People enjoy the right of reputation. (4) the citizens shall enjoy the right of honour.

(three) the unlawful infringement of citizen's residence

Housing is a civic life, learning the premises, the housing is guaranteed is directly related to the realization of other rights of citizens. Residential

Security refers to citizens living, living places from illegal intrusion and search. China's "constitution" stipulates: "the thirty-ninth

Citizens of the people's Republic of China are not violated residential. The prohibition of non

Method search or intrude into citizens' houses."

(four) the freedom and privacy of correspondence of citizens are protected by law

The freedom and privacy of correspondence of the fortieth people's Republic of China citizens are protected by law. Except for the state's safety or the investigation

The criminal be

To check the communication, by the public security organ or the procuratorial organs in accordance with legal procedures, no organization or individual

To any reason encroaches upon the citizen

Freedom and privacy of correspondence.

Thirty-two, the citizen personal rights restrictions

The citizen personal rights protected by the Constitution and laws, shall not violate the personal rights of citizens state organs, the state should also be required and ensure

Other organizations and individuals

We should abide by the Constitution and the law, not to the personal rights of citizens being infringed. State organs only in accordance with the following three conditions,

In order to limit citizens

Right:

First, to restrict the behavior of organs must be legitimate state organs.

Second, the reason must have legal provisions.

Third, must follow the legal procedures.

The above three conditions must be met, are indispensable, otherwise it is a violation of personal rights, is illegal behavior, to be

To the legal prohibition, system

Cut.

Thirty-three, supervision

(a) of the constitutional provisions

China's constitution stipulates that the forty-first: "citizens of the people's Republic of China for any state organ or functionary, the number of

Evaluation and suggestion right;

For any state organ or functionary of illegal acts, complaints, charges to the relevant authorities or report

Right. Because of the state

Organs and functionaries infringe upon citizens' rights and those who suffered losses, have the right to have the right to compensation in accordance with the law."

(two) the basic characteristics of supervision

First, supervision embodies the constitutional principle of people's sovereignty.

Second, object supervision is the process of state organs and their staff to exercise the state power in the war.

Third, the supervision power is binding on the state organs and their staff. Our constitution of forty-first provisions of the second paragraph: "for the public

Civil appeal, accuse or

Researchers report, the relevant state organs must ascertain the facts, responsible for handling. Any person may suppress and take revenge."

Fourth, supervision right has a variety of forms, is conducive to the exercise of the rights of citizens according to different situations.

(three) the right of supervision content

(1) criticisms and suggestions

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. Construction

On the right is refers to the citizen to

State organ work, have the right to put forward its own views and suggestions.

2 Shen Suquan

Appeal right is citizen refuses to accept the decision made by the national authorities, may apply to the relevant state authorities request, the request to the

Right.

(3) accused the prosecution right

Refers to the right infringement prosecution against the citizens of the state organs and their staff misconduct allegations, request a shutdown

On the misfeasor to

The right to sanction. The right of citizens to report is on the staff of state organs illegal acts to report to the relevant authorities of the rights

Lee.

(4) right to compensation

Right to obtain compensation refers to state organs and functionaries of state organs exercising authority infringe citizen's legitimate rights and interests of damage

When the victim has made, China

A right to compensation.

Thirty-four, the concept and characteristics of social and economic rights

Social and economic rights refers to the citizens in accordance with the constitution of economic material benefit enjoyed by the right. It is the citizens to participate in national politics

Life, the realization of other rights

The material guarantee. On citizen social economic rights to detailed provisions, is from the beginning of 1919 Weimar constitution of germany.

Since the second world war,

The constitutional provisions to protect citizen social economic rights clause. Its main features include:

First, social economic right is a positive right of citizens.

Second, social and economic rights is a complex concept.

Third, social and economic rights embody the constitutional justice.

Fourth, social and economic rights of the content, scope and security with the development of national economic development level and development.

Thirty-five, labor rights

Labor refers to the right of every able-bodied citizen, have access to work and the right to obtain payment for labor. Labor right is the citizen's

The foundation of survival, is

The premise that other rights on the material. China's "constitution" article forty-second states: "citizens of the people's Republic of labor

The rights and obligations". Right of labour

Basic features are: first, equal labor rights. Second, reward. Third, labor right has dual nature.

According to the provisions of our constitution and labor law, labor rights include the right of labor and employment and obtain remuneration right.

Three aspects of protection of labour rights, labor rights: (a) the creation of conditions, promote civil employment; (two) protect citizens get

Reasonable remuneration and

Welfare benefits; (three) the necessary employment training for citizens before they are employed.

Thirty-six, the right to rest

Rest right refers to the right for the rest and recuperation, it is a necessary condition for the existence of the. The right to rest as workers

Of the basic rights,

The formation of full unity and labor rights, no right to rest, right of labour cannot be realized. The basic characteristics of the right of rest is:

First, the right to rest is a necessary condition for the realization of labor right.

Second, the right to rest is the workers enjoy the cultural life, an important right to self improve.

Third, the right to rest is a statutory right, in the enjoyment of right of rest period, shall not be any reason to infringe upon their rights.

Thirty-seven, property rights#04Year answer: Constitutional Protection on rights of citizen's private property#

(a) history

 

The protection of property rights always is one of the important contents of the constitution. 17, eighteenth Century, School of natural law and life, liberty and property,

As the human rights three

The cornerstone. The Constitution and constitutional document early will property right as the absolute right not to be limited. However, in twentieth Century 19

Here, the property is regarded as an "agency

Will post". Property right should help to increase social wealth, will help the public interest. Constitutional provisions to protect a hand

Citizens freedom of property, a party

Surface provides citizens property rights shall not prejudice the exercise of public interest.

(two) the connotation

The property is owned by people, the possession, use, disposal and the proceeds of the rights. The exercise is bound, property

The exercise of the right to infringe upon

Other legitimate rights of citizens and prevent the public interest

(three) the current traffic measures for the protection of the constitution property:

1, protection clause - stipulates that citizens of lawful property shall not be violated;

2, collection, expropriation provisions for public interests, the state to expropriation

3, compensation - compensation according to law

The two session of the ten National People's Congress on 2004 to modify the constitution, the abolition of the original provisions of article thirteenth of the constitution, to change it

"A citizen's private

Property is not violated." "The country in accordance with the law to protect citizens to inherit private property right." "The state in the public interest

Yi needs, in accordance with the law

Law on the private property of citizens or expropriation and compensation."

Thirty-eight, countries establish compatible with the level of economic development of the social security system

(a) system: power and material help right living security retirees

(two) the obligations of states: the legislative, administrative, judicial

(three) open: compatible with the level of economic development

Thirty-nine, the right to education

The right to education is important right of citizens in the field of education, is the right of citizens accept culture, science education and training.

Broadly speaking, the

The right to education includes everyone in accordance with its ability to receive equal education rights, also includes a requirement to provide educational opportunities for

Right. In a narrow sense, education

Education refers to the right that citizens enjoy equal right of education. The basic characteristics of the right to education is:

1 the right to education is the unification of liberty and social rights, social rights reflects the essence of right to education. The right to education

Liberty, property requires the ability to

Citizens enjoy the right of education and equal right to education, the social nature of the right of national requirements for those who have ability but because of economic problems

Can not enjoy the right to education of the citizens

To provide a condition and environment.

2 the right to education is the ability to develop a citizen, an important means to realize national culture.

3 the right to education has dual character, namely, by a right education is a citizen, also an obligation as citizens. Country

To provide a variety of opportunities for citizens enjoy the right to education, on the other hand, has the right to require citizens to perform education obligations.

According to the provisions of the Constitution and relevant laws, the basic content of the right to education includes:

1 according to the ability of the right to education. Citizens in accordance with their ability to have, an education. The state may take the necessary

To the examination system,

To a certain capacity of citizens enjoy the corresponding education.

2 enjoy the equality of educational opportunity. Every citizen in the Constitution and the law, the equal right to education, not because of

Besides the beyond

The influence of gender, religion, social status and other factors. In particular, in admissions countries should implement the principle of equality, and timely

To provide educational facilities to the society.

3 the right to education is realized through different stages and different forms of.

The constitution of the right to education:

Article forty-sixth: "citizens of the people's Republic of China have the right and obligation to education.

The national training of children and young people, in moral, intellectual, physical and other aspects of comprehensive development."

Article second paragraph thirty-third: "citizens of the people's Republic of China are equal before the law."

Article third paragraph forty-fifth: "the state and society help arrange blind, deaf, mute and other handicapped citizens labor, life and education

Education."

Article nineteenth: "the state of development of the cause of socialist education, raise the scientific and cultural level of the whole nation.

The state runs schools of various types, the popularization of compulsory primary education, secondary education, occupation education and higher education, and the development of Science

The former education.

The state develops educational facilities, illiteracy, political workers, farmers, state functionaries and other working people,

Culture, science, technology, business education

Education, encourage self-taught.

The State encourages the collective economic organizations, state enterprises and institutions and other sectors of society to establish educational institutions of various types in accordance with the provisions of the law.

Popularizing Putonghua nationwide."

The constitutional norms and cultural rights:

According to the provisions of our constitution, and cultural rights of citizens which includes three aspects, namely, the right to engage in scientific research, literary and artistic

The creation of rights and to engage in other

Cultural rights.

A duty of citizen rights and national:

Article forty-seventh citizens of the people's Republic of scientific research, literary and artistic creation and other cultural activities. Country

Jia engaged in education, science, technology, culture

Science, art and other cultural institutions citizens benefit the people of the creative work, give encouragement and help.

The obligation of the state two: in order to realize the cultural rights of citizens, the state should actively create conditions, to provide facilities and material necessary

Avoidance

The natural and social sciences development in twentieth countries, popularize knowledge of science and technology, rewards achievements in scientific research and technology

The invention creation.

Article twenty-second country development to serve the people, serve socialism literature and art, the press, radio and television career out of

Publishing and distribution services, libraries and Cultural Museum Museum

And other cultural institutions, to carry out mass cultural activities.

The state protects the places of historic interest and scenic beauty, valuable cultural relics and other important historical and cultural heritage.

Forty, the right of asylum

The right to asylum refers to a citizen because of political reasons the request of another country shall be permitted to enter the country of residence, or into the country for permission to

Stay in the country, by the

Government approval, enjoy the rights of asylum. The foreigner enjoys the right of asylum protection in the host country, not be extradited or flooding

By. Foreigners sheltered should

Abide by the law of the country of residence when, enjoy treatment of foreign nationals. China's "constitution" the thirty-second provisions of the second paragraph: "the people's Republic of China

The people's Republic of China for political

Foreigners must abide by the right of asylum, can give."

China's "constitution" the thirty-second provisions of the first paragraph: "the people's Republic of China on the protection of foreigners within the territory of the legitimate rights and China

Interest in the territory, China

Foreigners must abide by the laws of the prc." Foreigners in the territory of Chinese does not belong to our citizens, can not enjoy the

Chinese citizens' basic

Right. But according to the international practice and the protection of human rights internationalization trend, many countries in practice gradually relaxed foreigners to enjoy the right to

The scope, confirmation of foreigners

Make some qualification in the midst of the country's fundamental rights system, such as personal rights, property rights, litigation rights of foreigners and other basic rights

And protected by the Constitution and laws.

The protection of the lawful rights and interests of foreigners within the territory of China, to strengthen the exchanges and cooperation of people all over the world, is conducive to the realization of open

Policy.

The main characteristics of the forty-one, a parliamentary constitutional monarchy regime

The typical national parliamentary constitutional monarchy is Britain, Japan, Spain, in the modern state is also subject to such regime.

Its characteristics are mainly the following three points:

1, monarch in the "virtual", just as a symbol of national unity;

2, Congress is the highest organ of state power, the government by parliament;

3, the government by the parliament's majority party or coalition of parties, the form is responsible to the assembly.

Forty-two, the presidential system

In the presidential system, the president is in fact the state power core, presidential government to American typical.

1, the president and Congress are elected according to law by the voters, the president not to parliament, and directly responsible to the voters;

2, the leadership of president and the government, control administrative power, set the heads of state and government in a body;

3, members of the government shall not concurrently serve as a member of parliament;

4, the president may not be directly involved in the legislative process, but enjoy the legislative veto, signing right;

5, the president does not have a parliamentary confidence, also cannot dissolve parliament, but parliament to impeach the president.

Characteristics of forty-three, parliamentary system

Germany, Italy and other countries to implement a parliamentary system of government, the main features are as follows:

1, the government is the leader of the majority party organization in parliament, the government responsible to parliament, parliamentary oversight;

2, the parliament is the highest legislative body;

3, the head of state is the nominal monarch, not of administrative responsibility, administrative authority is vested in the cabinet of prime minister (Prime Minister);

4, the government and parliament jointly liable, such as parliament passed a no confidence motion against the government, the cabinet must resign, cabinet as

Unwilling to resign to

Please state the dissolution of parliament;

5, the parliament, government power is often Become, members of the cabinet are members of Parliament, Parliament important proposals from the cabinet.

Forty-four, China's form of government is the people's Congress System

1, the concept and connotation

The people's Congress system refers to all state power belongs to the people, the people's representatives elected in the general election on the basis of democracy, according to set

In the principle of national

The people's Congress and local people's congresses, the exercise of state power, the other state organs by the people's congress,

Be responsible for it and subject to its supervision,

The people's Congress is responsible to the people, and ultimately a basic political system of people to be in power. Its theoretical basis is "people

The principle of democratic rights".

The National People's Congress system is a kind of Representative Democratic Republic, followed by the people's Congress system is the socialism

Democratic republic.

2, significant characteristics

A, all state power belongs to the people;

B, the system of people's congresses and adhere to the principle of democratic centralism;

C, the people's congresses unicameral legislature, the Standing Committee of the people's Congress set up organs at the same time, the exercise of power

"Unity" and

"The current".

Forty-five, the people's Congress system is China's fundamental political system#Position#

In China's political system, the system of people's congresses at the core, is the fundamental political system in china.

1, the people's Congress system embodies all state power belongs to the people of the essential requirements;

2, the system of people's Congress does not depend on the other system generation, is foundation of other political system, reflect the political

Lives.

The concept and characteristics of forty-six, single system

The unitary system is composed of a plurality of does not have independent administrative region unit or autonomous units of single sovereign countries have taken

The form of state structure. The world

Most countries of the world are using a single system, such as France, Japan, the UK and so. Its main features include:

1, from the relationship between the power division perspective, local obey the unified management of the central, local power source to the central authority;

2, from the formal point of view, the unitary national only a unified national constitution, only one set of national legislative, judicial and administrative

Organ system;

3, from the foreign relations, just enjoy diplomatic rights only the central government, citizens only the unity of nationality.

Forty-seven, the concept and characteristics of the federal system

Federalism is defined by two or more members (federal, state, Republic of China) composed of uniform national union of the national

The constitutive forms. The main characteristic of

Syndrome:

1, from the relationship between the power division, division of the federal government and the member units of the authority is the constitutional basis for clearly defined;

2, from the formal point of view, in the federal state of both the federal constitution may also have members of the constitution, there are two sets of legislation, administration, Secretary

Law system;

3, from the foreign relations, citizens have a unified federal nationality may also be members of nationality.

Forty-eight, the norms of constitution form of state structure in China

Adopted in China is a unitary state structure, specific provisions in China's "constitution" of the following:

1, China's "constitution" the preface states: "the people's Republic of China is created jointly by the people of all ethnic groups of the unified multi-ethnic country."

2, "constitution" article third stipulates: "the state organs of the people's Republic of China apply the principle of democratic centralism." "The central and local

State organs

Division, followed in the unified leadership of the central government, give full play to the initiative, enthusiasm of the local principle."

3, "the constitution" the fourth stipulation: "regional autonomy is practiced in areas where people of minority nationalities, the establishment of autonomous organs, the exercise of autonomy

Right. All national autonomous areas

All of the people's Republic of China can not be separated parts."

4, "the constitution" thirty-first stipulates: "the state may establish special administrative regions when necessary. In the implementation of the special administrative region within the system according to the

The light of the specific conditions by the national

The people's Congress of the law."

Forty-nine, factors affecting the unitary structure of our general understanding

The unitary state structural form is the inevitable choice of our country, of which both the ethnic relations and the development of historical and cultural tradition, the

The inevitable requirement, is now

Need to stage of China's socialist political, economic development. Specifically, the following factors:

1, historical and cultural tradition

2, the development of ethnic relations and ethnic composition and distribution of

3, the reality of socialist modernization construction

4, Party

5, the beginning of the founding of our country to adopt special background unitary structure

Characteristics of the important t fifty, the unitary state structure

Adopted in China is a unitary state structure, which is in line with China's national conditions, it is flexible and inclusive great.

1, the principle of dividing the central and local relations, adhere to unified central leadership, give full play to local enthusiasm, initiative

Principle.

2, in the administrative area of the ordinary, to the overall interests of or to change the economic development imbalances, countries in

The difference in different regions

Don't policy;

3, the ethnic autonomous areas, our flexible power relationship between the central and local government, in the minority inhabited areas, the implementation of regional autonomy;

Was founded in 4, Hong Kong, Macao Special Administrative Region is a single system of our country with great inclusiveness and particularity;

5, to the Taiwan issue, a unitary system on the premise of our country main body, give after the reunification of Taiwan larger space

Between.

Fifty-one, the legislation of separation of powers

1, the central unified exercise the legislative power of the state; 2, place to formulate local laws and regulations; 3, the provisions of laws and regulations and the effect level

Laws and regulations conflict solution mechanism.

Fifty-two, the concept of the administrative divisions of the administrative region and the partition of our country the absolute key

Administrative division is the country according to the needs of administrative management and economic development, the national territory is divided into different levels, ranging from

Administrative units, then

On the basis of the establishment of the corresponding local state organs, in the central leadership, graded management system.

The following division of China's administrative region:

1, the country is divided into provinces, autonomous regions, municipalities directly under the central government;

2, the provincial, autonomous regions are divided into autonomous prefecture, county, Autonomous County, city;

3, counties, autonomous counties are divided into townships, nationality townships, the town.

Municipalities directly under the central government and other large cities are divided into districts, county. Autonomous prefectures are divided into counties, Autonomous County, city.

Autonomous regions, autonomous prefectures and autonomous counties, are national autonomous areas.

The state may establish special administrative regions when necessary.

Fifty-three, the establishment of China's administrative region, alteration of the legal system

Jurisdiction

The National People's Congress [sixty-second] the approval of the provincial, autonomous region and municipality directly under the central government

Regional division of the State Council [eighty-ninth] the approval of the provincial, autonomous region, or municipality directly under the central government

To approve the establishment and geographic division of Autonomous Prefecture, county, Autonomous County, city

The provincial people's government [107th] decide on the establishment and regional division of Township, nationality township, town

Fifty-four, the establishment of the Special Administrative Region basis

Special Administrative Region in China's territory, according to the established by the Constitution and laws has special legal status, the special

Other social system, the

Economic administrative system.

1, the establishment of the theoretical basis of the Special Administrative Region

"One country two systems" is the theoretical basis for the establishment of the special administrative region. Its basic content is, in a China under the premise, country

The main socialist

System of Hongkong, Macao, Taiwan; Chinese inseparable part, they will retain the current capitalist system unchanged for a long time,

On behalf of China in the world

The function of government of people's Republic of china. This theory includes five aspects:

First, the "one country two systems" is the main body of the socialist, is based on a Chinese;

Second, core question of "two systems" is the unification of the motherland, is peaceful reunification;

Third, the "one country two systems" and "two systems" refers to the China domestic to two system of long-term coexistence, common development, in particular for

In the political area, the original

The same social system, way of life, economic and cultural relations with foreign countries.

Fourth, implementation of "one country two systems", Taiwan and Hongkong, Macao different, wider than the Hong Kong and macao.

Fifth, implementation of "one country two systems", unchanged for a long time, has the legal guarantee.

2, the establishment of the legal basis of the Special Administrative Region

China's "constitution" is the legal basis for the establishment of the special administrative region. Thirty-first of them clearly stipulates: "the state may establish when necessary

Special Administrative region. In the special

Don't administrative areas in accordance with the specific circumstances of the system of the National People's Congress on the law."

Supervision and jurisdiction of the Special Administrative Region of the fifty-five, CentralP218

The central supervision of the Special Administrative Region and the jurisdiction of national sovereignty, mainly include the following aspects:

Initiative 1, Special Administrative Region

According to the constitution, the state set up special administrative regions when necessary, a special administrative region of the law by the National People's Congress law

Set.

2, the government the right to organize

First of all, the two special administrative region will be a central was established; secondly, the principal officials of the SAR's appointed by the central government.

3, the state of emergency declared right

The Standing Committee of the National People's Congress decides to declare a state of war or the Hongkong Special Administrative Region, the Hongkong Special Administrative Region in due

The government can not control

Endangering national unity or security unrest and determine the special administrative region is in a state of emergency; the Central People's Government may issue an order will have

Close the national laws in Hongkong

The implementation of different administrative region.

4, foreign rights

The establishment of the Special Administrative Region, the Ministry of foreign affairs in the office of the Commissioner of the establishment of the SAR, the SAR processing on foreign affairs. (Central

May authorize its there

The investment protection, rendition, judicial assistance, the two sides signed agreements with foreign countries)

5, the right of defence

The center for Special Administrative Region defense and garrison is an important symbol to resume the exercise of sovereignty.

6, the basic law of the formulation, revision right

The basic law is a domestic law, the formulation and the revision right belongs to the National People's Congress, any other organs including the Standing Committee shall not be entitled to exercise.

7, the interpretation of the basic law of the

The right of interpretation of the basic law belongs to the Standing Committee of the National People's congress.

Fifty-six, the strict procedures of the law revisionP220

The basic law is a domestic law, the formulation and the revision right belongs to the National People's Congress, any other organs including the Standing Committee shall not be entitled to exercise. That is

Then the National People's Congress to amend radical

This method also has strict procedures:

The 1 amendment to the basic law, the proposal right belongs to the Special Administrative Region, the State Council and the National People's Congress Standing committee;

2, the basic law bill for amendment, shall be approved by the National People's Congress on behalf of the majority of the SAR, three points three points, all the members of the Legislative Council

She and the District line

The chief executive of consent, to delegations from the Special Administrative Region to the National People's Congress to the National People's congress;

The 3 amendment, included in the National People's Congress agenda before, by the Committee for the basic law of the special administrative region corresponding research and

To put forward opinions. The basic law

Any amendment, shall be with the people's Republic of China on the basic principles and policies established special administrative region conflict.

Fifty-seven, the autonomy of the Special Administrative RegionP221

The power of the Special Administrative Region with a high degree of autonomy and participation in state management (able to participate in the management of national affairs)

1, executive power, legislative power; 2; 3, an independent judiciary and the right of adjudication; 4, processing of foreign affairs powers;

5, other powers;

The dominant administrative system in fifty-eight, the Special Administrative Region and the concrete embodiment of this part of the most important

The executive led political system is the executive power core, has a higher status and authority, and in the political life

Plays a major role in politics

Governance system. Embodied in: [high status, dual status, legislation, judicial]

1, the chief executive has higher legal status

Executive, administrative, legislative status than the judicial organ, on behalf of the Special Administrative Region to the central charge.

2, the chief executive is the head of the government of the Special Administrative Region

Executive led government

3, the chief executive has an important role in the legislative process

First of all, the chief executive has the right to initiate legislation; secondly, the chief executive by bill signing right.

4, the chief executive in judicial field

First of all, the chief executive has the power to appoint judges; secondly, the court cases involving national defense, diplomatic behavior

The problem, should be obtained

On the issue of a certificate from the chief executive; thirdly, executive enjoys the amnesty of criminal offences or commute the penalty power.

Fifty-nine, administrative and legislative both balance and coordination

The relative power of veto, chief executive of 1;

2, the dissolution of the legislative council;

3, the government must abide by the laws passed by the Legislative Council and to the Legislative Council is responsible for the;

4, executive director and President of the court of final appeal, the high court, prior to the legislative council;

5, the chief executive not to sign and send on the bill, the Legislative Council by all the members of the 2 / 3 most agree to pass the time,

Unless the dissolution of the legislative council,

The chief executive must sign;

6, the impeachment of Chief Executive (CE has serious violations of law or dereliction of duty not to resign)

Sixty, China constitution about the political party system

China constitution about the political party system in the following aspects:

The 1 amendment to the Constitution in 1993, the first complete expression of the party system of our country, and the people's Congress System

The same constitute China's basic

Political system. The latter includes power supervision has attributes, have the force of law, the former is the character of the United Front, the supervision is

Social Democratic supervision.

2, adhere to the leadership of the Communist Party of China, adhere to the four cardinal principles, this is China CPC led multi-party cooperation and political consultation

System principle

And the political basis.

3, China Communist Party and the democratic parties must take the constitution as the fundamental criterion for their activities, for the maintenance of the dignity of the constitution, the Constitution

Application of duty.

The basic principle China 4, the Communist Party and the democratic parties cooperation is: "long-term coexistence, mutual supervision, and be in perfect sympathy with each other, and the

A total of".

Characteristics of the sixty-one party system, China

According to the actual situation of the provisions of the Constitution and the political party system, the party system Chinese characteristics can be summarized as follows:

First, Chinese Communist Party in a leadership position in the Chinese political parties, the democratic parties to accept the leadership of the Communist Party of Chinese.

Second, the parties work together to serve the cause of socialism China target.

Third, in the state power, Chinese Communist Party is the ruling party, the Democratic parties. The Democratic Party than opposition, also

Not the opposition.

Fourth, the Communist Party and the Democratic Party between China for political consultation, mutual supervision.

Fifth, China the Communist Party and the democratic parties are entitled to political freedom, the organization constitution rights and obligations within the scope of the independence and

Equal legal status. Each

Parties to the constitution as the basic standard, for the maintenance of the dignity of the constitution, the protection of constitution implementation responsibilities.

Sixty-two, the National People's Congress authority (comparison, the attention and the Standing Committee of National People's Congress authority to observe what power is its unique)

The provisions of article sixty-second of the fifteen functions of the National People's Congress, the fifteen terms can be divided into six aspects as follows:

First, formulating, amending the constitution, supervise the implementation of the constitution.

Second, the formulation and revision of the basic law.

Third, the election and recall, decided to central government leaders.

The recall must be made by the National People's Congress Presidium or represent more than three or 1/10 above, the Presidium

Cross delegations after consideration

Submitted to the plenary meeting of the presidium; or by the General Assembly plenary meeting, organize investigation committee, the National People

Most conference according to the investigation committee

Staff will review report, by a majority vote of all the deputies agreed with that obtained by.

Fourth, determine the major problems in the country.

The National People's Congress has the power to review and approve the implementation plans for national economic and social development and planning report for examination and approval of China

House budget and budget execution

Situation report; approved by the provincial, autonomous region and municipality directly under the central government construction; establishment and system determines the Special Administrative Region; decide the war

Countries and peace and other major

Matter.

Fifth, the highest power of supervision.

Sixth, it shall be exercised by the other. The existing constitution of the authority for the National People's Congress to deal with new problems provides

Constitutional basis.

Sixty-three, the work of the NPC Standing Committee program

According to the "Regulations of the National People's Congress organization law" and "the National People's Congress Standing Committee Rules", the whole

National People's Congress Standing Committee

The rules in the meeting, review and the legislative bills and other bills, election and removal of leaders at all levels, must comply with the following

Four procedures:

First, put forward a motion.

During the National People's Congress Standing Committee meeting, the special committee, the National People's Congress, the State Council of the Central Military Commission, the Supreme People's court

Institute, the Supreme People's procuratorate,

Standing committee members and more than 10 joint, can put forward to fall within the scope of the bill to the Standing Committee of the standing committee.

Second, to consider the bill.

The National Authority Bill, by the chairman of the meeting decided to submit to the Standing Committee for deliberation, or submit them to the relevant special committee for review

Meeting, report, then draw

The meetings of the Standing Committee for deliberation; component members of the Standing Committee put forward a motion by the chairman of the meeting, decided to submit to the Standing Committee meeting to review, or

First to the relevant special committee

Review, report, and then decide whether or not submitted to the Standing Committee for deliberation.

Third, through the bill.

Once the bill after deliberation by the Standing Committee voted through. The Standing Committee of the resolutions adopted by the Standing Committee to all members of the half.

Fourth, the announcement of the decision to.

The principle of equality, the right to vote (sixty-four1+5)P247

Refers to the principle of equal right to vote in the election, all voters have the same legal status, the vote has the same legal effect

An election principle stress.

The principle of equality and the right to vote is mainly manifested in the:

(1) in addition to legal provisions elect should have the conditions, voters to enjoy equal rights to vote and to be elected;

(2) in an election voters equally have the same voting rights, the general performance is only one vote;

(3) the number of voters in each represented the same;

(4) all the representatives in the parliament has the equal legal status of the authority, equality is also reflected the vote in some extent;

(5) give special protection to the vulnerable in the election voters to vote, but also the principle of equality and performance.

Sixty-five, China's election and recall systemP263#04Year answer: on recall law program representatives of the people#

Our electoral system includes direct and indirect election in two ways:

1, the directly elected deputy to the National People's Congress, the voters in the electoral district 30 joint can be made to County People's Congress Standing Committee to recall

Requirements, is proposed to recall

Shall have the right to elect Conference on representations, can also be submitted comments, then by the county people's Congress

The recall and the written application

Opinions issued by the voters of the electoral districts. The recall by the NPC Standing Committee vote required to send relevant person in charge. The recall must be approved by the original selection

More than half of the voters in the district.

In accordance with the procedure prescribed by the recall decision produce legal effects, in addition to a representative is revoked, other position also withdraw

Pin.

2, the indirect elections of deputies, the local people's congresses at and above the county level when the meeting of the presidium or 1

And at least 10 of the deputies,

Can choose the level people's Congress put forward a National People's Congress of the recall. On behalf of the recall must be approved by the NPC over half

A: during the adjournment of the meeting,

Must be approved by the Standing Committee of the staff of more than half of the. The resolution to be submitted to a level people's Congress Standing Committee for the record.

The relationship between the sixty-six, the three organs of public security

(a) theory and practice the principle of separation of powers

The separation of powers and checks and balances, also known as the principle of separation of powers, is refers to between the various parts of the state power, mutual supervision, mutual restraint, to

The protection of civil rights principles. The principle of the state power restriction on state power under the surface of the deep, reflects the civil rights of national power system

About. The basic content of the constitution, the protection of civil rights and human rights is always at the core, leading position. Therefore, power

Li and balance principle is the concrete system of human rights protection and auxiliary machine

System, the separation of powers between the national power and to prevent improper exercise, so as to ensure the realization of human rights.

System of national power separation and balance principle is not exactly the same, but different, performance for a variety of state power

In the organs of political power and the Constitution

Law is not exactly the same. Some countries to implement the separation of the three powers, between various kinds of power is affirmative, USA is the separation of the three powers

The typical. In some countries

"Parliamentary supremacy", most countries in the UK and continental Europe pursues the supremacy of Parliament, Parliament between state organs is the highest

Legal status.

The socialist countries in principle does not recognize this theory, that the state power is an organic whole, thus the authority cannot be

Division, in addition, power

Split result in mutual buck passing between every organ, low work efficiency, influence the realization of people's power.

In fact, both the supervision principle, or the principle of democratic centralism, essentially no much difference, the socialist countries are not not

That power can be

The division of power between the lines, also need supervision. In 1982 the "constitution" stipulates: "the state organs of the people's Republic of China

Apply the principle of democratic centralism."

"The division between the central and local state organs, followed in the unified leadership of the central government, give full play to the initiative of local

The principle, enthusiasm." "In the

The National People's Congress of the people's Republic of China is the highest organ of state power, its permanent body is the National People's Congress

Committee." "People of the whole country

The Standing Committee of the people's Congress and the National People's Congress shall exercise the legislative power of the state." And, the constitution of our country has set up the machine

Mutual supervision between,

Especially is the highest organ of state power supervision on other organs. "The constitution" stipulates: "the National People's Congress and local

The people's Congress by the Democratic

Elected, responsible to the people, subject to the supervision of the people." "The state administrative organs, judicial organs, procuratorial organs by the people's Congress

The Congress, responsible to it,

Subject to its supervision."

(two) the relationship between the people's court, the people's procuratorates and the public security organs three organs

In our country institution system, the people's court, the people's procuratorates and the public security organ is an important country to realize the people's democratic dictatorship

The machine. According to the state machine

Close the division of functions, the people's court shall exercise the judicial authority of the state; the people's procuratorates exercise the national procuratorial authority according to law; public security organs

Responsible for national and social public order

Management work. Although they belong to the different nature of the state organs, bear the state functions in different, but in the protection of the interests of the people,

To punish criminal acts, protect country

Family and social security, maintaining social order and other aspects of the mission is the same. "The provisions of Article 135 of constitution": "the people's court,

The people's procuratorates and the public security organs

In handling criminal cases, shall be responsible for the division of labor, with each other, mutual constraints, to ensure the correct and effective enforcement of the law." According to the Constitution

The provisions of the law, the people's court,

Relationship between people's Procuratorate and the public security organs in handling criminal cases in the performance of:

First, the division responsible for the. Investigation, the criminal cases, pre-trial detention by a public security organ for approval of arrest and prosecution (including

Investigation, prosecution)

Responsible for by the people's Procuratorate; by the people's court for trial.

Second, cooperate with each other. Based on the division of responsibilities, the public prosecutor, law three organs should act with united strength, coordination, jointly

Combating crime, maintaining complete

Protecting the people, safeguarding national unified legal system task.

Third, restrict each other. Three authorities to supervise each other, to prevent the occurrence of such cases, ensure the correct and effective enforcement of the law. Each other

Control displays in: (1)

Between the public security organs and people's Procuratorate: public security organs shall be responsible for investigation, pre-trial, detention, but have no right to decide to arrest a criminal

The suspect, only by the Procuratorate

Approval of arrest, and executed by a public security organ arrest; the public security organs transferred to the Procuratorate's case, if the facts are not clear,

The evidence is insufficient, can be returned

An organ of the people's Procuratorate for supplementary investigation; legitimacy on the investigation of the public security organ to exercise legal supervision power. The public security organ to

The people's Procuratorate has not decided

The same opinion, may request the people's Procuratorate at the same level for reconsideration, may also request the higher people's Procuratorate review. (2) the people's Procuratorate

And between the people's Court: for

Procuratorate prosecution to the court cases, the people's court if it is considered that the facts of the crime accused is not clear and the evidence is insufficient, or other

Illegal behavior, may be returned to the people

The people's Procuratorate for supplementary investigation, the people's procuratorate can also request the withdrawal of the suit; people's Procuratorate to the court legitimacy in the process of trial

Have the right to conduct the trial supervision. People

The people's Procuratorate has effect on the people's higher court and lower court decisions and rulings that is really wrong, can be in accordance with the trial

Supervision procedure to lodge a protest.

(three) in the final analysis is to ensure the smooth realization of civil rights

The national obligation answer language:

1, at the legislative level, the legislature should formulate relevant social security rights according to the level of economic development, social system, social

Protect the rights of the perfection of the system,

To provide legal basis;

2, in terms of law enforcement, the administrative organ shall establish and social security regulations and administrative regulations, relevant system. The implementation and enforcement and social

Security related provisions. Product

Most policies, create conditions, ensure the realization of this right.

3, in the judicial practice, the judicial organ shall be fair and justice, to effectively solve the citizens' social security rights disputes, civil society

Will protect the realization of right

For the judicial guarantee.

 

 

 

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