Introduction to the main thesis of constitutional law (2011 3-4 months): the fundamental rights and national institutions

3 - 2011 April, 14 major law journals were published 21 articles of the constitution, the constitution of 10, basic theory, basic rights of 8 articles, 3 articles of national institutions.

Moto Suke also selected 14 publications outside representative of constitutional law papers 9, relates to the basic theory of constitution of 1, the basic rights of 2 articles, 6 articles of national institutions.

The two parts together, the introduction includes: 3-4 month 2011 constitutional papers 30, among them, the basic theory of constitution of 11, the basic rights of 10 articles, 9 articles of national institutions.

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Second, the basic rights (10 papers)

1Zhao Hong: "limit, limit: the internal mechanism of" German basic rights restriction patterns, load "jurist" in 2011 second

Author brief introduction:Zhao Hong, doctor of law, associate professor of China University of Political Science and Law Institute of comparative law and jurisprudence.

Abstract:General provisions and other national constitution is different, the German "basic law" to the basic right limit on the fundamental rights of difference treatment, this difference processing based on "different provisions legal reservation" and reach. As an important supplement to the basic law, "" the basic right at the end of the chapter makes a general restriction on the fundamental rights provisions of the legal reserve itself. Defines a pattern like this, it is to the basic right limit, rather than to limit constraints. In this sense, the German "basic law" in the fundamental rights norms of rational design and protection of human rights objectives on the association between the legislative experience, provides a demonstration

Key word.Fundamental rightReservation of lawThe basic right limit

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2Zhao Hong: as a basic right, "and" the objective value, load "Tribune" in 2011 second

Author brief introduction:Zhao Hong, doctor of law, China University of Political Science and Law associate professor of comparative law research institute.

Abstract:Germany's post-war basic rights theory in addition to the subjective rights attribute, another property and the development of basic rights as the objective value. By emphasizing the basic rights for the whole law binding effect, all the public power should be respected "objective value", the objective attributes of value not only for our understanding of fundamental rights provides another dimension, so that the functions of the basic rights of great expansion in the defensive function on the basis of the former. Through the analysis of the development of the objective value attributes in German law and shaping process, a lot of discussion and expansion of basic rights in the functional aspects, show the rich connotation and the widely praised by the academic establishment has, also can be related to schools in China and inspiration.

Key word.Fundamental rightThe subjective rightsObjective value

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3Du Chengming: "the state theory, the basic rights obligations: theoretical foundation, structure and Chinese practice", set "Law Review" in 2011 second

Author brief introduction:Du Chengming, doctor of law, law professor, vice president of Guangdong University of Business.

Abstract:The basic rights of national obligations has its constitutional philosophy foundation, is the right to decide the national obligations, as the objective standard or objective value order theory of fundamental rights to the constitutional right to national obligations exist to provide constitutional philosophy foundation. And the structure of national compulsory type basic right structure corresponding to different types include basic rights of national obligation to respect, protect and realize the obligation of compulsory, different countries obligation subject is different for emphasis and methods of national obligations under different. The constitution of China established a national constitutional obligation, but the lack of attention and study enough of these national compulsory regulations, which have not set up the basic rights of our country duty theory, so that the basic rights protection problems.

Key word:Fundamental rightState obligationsStructural system

4Li Yong: "citizens", the relationship between constitutional obligations associated with the concept of "law" in the north, set in 2011 second

Author brief introduction:Li Yong, doctor of law, the Supreme People's Procuratorate investigators theory.

Abstract:Constitutional obligation is generally accepted by most countries in the world and certainly the international community. The thorough research to the citizen constitutional obligation contributes to the development of Chinese constitution. In answer to the citizen constitutional duty is what, how he constitution duties of citizens, the relationship between constitutional obligations and constitutional rights, moral obligation, other department law concepts such as obligations of the constitution become unavoidable problems.

Key word:Constitutional obligationsConstitutional rightsHuman natureMorality

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5Liao Dan: "," residential concept of constitution, carrying "Law Review" in 2011 second

Author brief introduction:Liao Dan, and Research on the 2007 level, the administrative law graduate of Wuhan University law school lecturer in constitutional law, South China Normal University law school.

Abstract:Residential is the citizen living places, the constitution will be to protect the right to housing as a basic human right, but not the current constitution theory to study. The housing problem in the constitution has considerable complexity, so the residential concept from multi perspective. The house is based on the general's residence, according to the purpose and nature of rights, classified as property of residential, residential, as privacy as a concept of three level of social security housing.

Key word:ConstitutionResidentialThe concept ofPrivacyPropertySocial security

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6Cai Jianfang: "on the right content, right and national compulsory" to participate in cultural life, carrying "law and social development" in 2011 second

Author brief introduction:Cai Jianfang, the theory of law professional doctoral research center theory of law students in Jilin University.

Abstract:As many international human rights instruments are to be a human rights provisions, participate in the rights and cultural life in reality is in a status of "neglect" and "poor", and the content of the right is one of the main reasons is not clear. According to the practice of protection for the provisions of international conventions and other countries in the world, clarify the rights and cultural life in the main human rights and national obligations, helps to deepen the understanding of participate in the rights and cultural life, and promote their.

Key word:Participate in the rights and cultural lifeSubject rightState obligations

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7Wang Guisong: "," adjust the constitutionality of my national students legal system, "a French research" in 2011 second

Author brief introduction:Wang Guisong, PhD, associate professor of Renmin University of China law school.

Abstract:Development of modern eugenics in early twentieth Century, then quickly applied to the legal system, and in the second world war gradually attributed to silence. Eugenics was introduced into China in twentieth Century 20 years after 1950, more and more into the legislation of our country, the formation of a negative eugenics law. In our country, although the eugenic law has formed with unfavorable marriage disease from the prohibition of consanguineous marriage, sterilization, and prenatal diagnosis to abortion is a process of eugenic measures, but these measures not only with the freedom of marriage, reproductive rights, human dignity and basic rights conflict, but also exacerbated the right to life and the female fetus tensions between the right of self-determination, interfere with the correct view of the formation of disability. The present stage of our country should be based on the improvement of the social security system, to create a social atmosphere of tolerance and responsible, in human rights values under the guidance of eugenic law making a comprehensive review.

Key word:EugenicsEugenic methodViews on disabilityHuman dignity

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8Zhang Qing, Xu Bei: "obscene, Constitutional Analysis -- from the perspective of" freedom of expression "legal science", set in 2011 second

Author brief introduction:Zhang Qing, doctor of law, Yangzhou University law school professor; Xu Pei, and master of administrative law majors of Yangzhou University School of law science of constitution.

Abstract:In a certain sense, pornography is a manifestation of the nature, origin of the rights and freedoms, from the point of constitution, it is an expression of freedom, but also as one of the essential connotation of sexual rights, its essence is the constitutional protection of freedom of expression should be. Expression freedom is not only the right, but the human rights, the freedom of expression as a human rights legal protection not only for the individual and society has a positive meaning, but also has the irreplaceable value of constitution.

Key word:ObsceneExpression freedomThe constitution value

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9Wang Hongping, Fang Shaokun, theory of property right in terms of constitution ":" in our country from the property rights protection perspective, load "legal science" in 2011 second

Author brief introduction:Fang Shaokun, doctor of law, Professor of Yantai University law school; Wang Hongping, associate professor of Yantai University law school.

Abstract:Property rights provisions of constitution is a constitution established the basis of private property rights constitution safeguard status. China's current "constitution" stipulates that the thirteenth is property rights provisions of our constitution, with normative significance. But China's property rights provisions of Constitution adopted do not perfect "Security + deprivation" two layer structure, which should be amended, changed to perfect "Security + limit + deprivation" three layer structure. Protected by the constitution property rights provisions of the property is very broad, all with the value of the property right of civil law and public law right in it, with the value of the property rights and the expected existence flaw properties can also be conditional includes. To provide double protection mechanism of constitutional property rights provisions for a country's constitutional property rights, individual security and system security, the existence of security and guarantee the value, there are a lot of room for improvement in our constitution, property rights provisions in this respect.

Key word:Constitutional property rights clauseThe significance of standardizationThe scope of propertySecurity mechanism

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10Liu Yuanzheng: "theory, as their own discretion right of name -- to Zhao C the right to name the case as the breakthrough point", set "legal forum" in 2011 second

Author brief introduction:Liu Yuanzheng, PhD, associate professor of Ocean University of China School of law.

Abstract:In Zhao C name right case, Zhao C according to national public power intervention against the right of name, not as ordinary civil rights right of name, can only be used as a fundamental right of the constitution the right of name, it belongs to the category of the right to decide. Decide right refers to citizens for and personal sense of the existence of private closely related matters, in personal self-discipline can be decided not by public power to intervene, interference free case. The power of the right of name, self decision rights are restricted, must follow the principle of legal reservation and proportion principles, especially the need to pay attention to the definition of public interest.

Key word:Zhao C name rightThe right of nameHis decisionThe principle of legal reservationThe principle of proportionalityThe public interest

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Third, national institutions (9 papers)

1Han Dayuan: "reasonable limits", the local people's Congress supervision of the procuratorial organs, load "" Journal of National Prosecutors College in 2011 first

Author brief introduction:Han Dayuan, doctor of law, Professor of Renmin University of China law school.

Abstract:The local people's Congress promulgated on strengthening the legal supervision of the procuratorial organs of the resolution or decision, expand the people's Congress supervision way, strengthen the regulatory supervision of the National People's Congress. In view of the national procuratorial organs of the local people's Congress Supervision, procuratorial organs should follow the collective, modesty and principle of general line supervision of the National People's Congress, especially the boundaries but also follow the local people's Congress supervision of the procuratorial organs, namely, local people's Congress supervision of the procuratorial organs of the local authority can not exceed; local people's Congress supervision of supervision is the legitimacy only procuratorial organs, not purpose supervision; local people's congresses have normative and strict procedure for prosecutorial supervision required.

Key word:The local people's CongressSupervisionProcuratorial organsThe national propertyBoundaries

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2Chen Sibin: "," the National People's Congress is not suitable for participation in dispute settlement -- Taking Quanzhou city as the center, carrying "law" in 2011 fourth

Author brief introduction:Chen Sibin, China Law Institute of the Academy of Social Sciences PhD, lecturer at the Huaqiao University School of law.

Abstract:Judicial activism continued the case supervision dispute. The Quanzhou intermediate people's Court of people's Congress to help mediate the innovation, can be seen as a case of judicial activism. The court invite NPC deputies to participate in mediation, to the court to intervene the social premise, against judicial neutral passive position. In particular, National People's Congress of the intervention will make the litigation mediation deviates more from the law, more do not talk to realize the ideal of judicial independence and supervision of the National People's Congress compatibility. As representatives of the National People's Congress to participate in dispute settlement of article seventy-sixth of the constitution basis, essentially advocating terms, its content mainly is the extension of the NPC's supervision. In the final analysis, National People's Congress of the identity is not suitable to participate in the litigation mediation, also does not suit to solve in dispute. Thus, judicial activism into other force can only resolve the judicial incompetence of the accused. All kinds of power should be based on its nature and operation.

Key word:The independence of the judiciary Right of supervision Dispute resolution

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3Li Li: "study", on China's National People's Congress is not affected by the problems of load powers of arrest, "politics and law" in 2011 third

Author brief introduction:Li Li, doctor of law, Zhangzhou Normal University, lecturer, Department of politics and law.

Abstract:In China, people's Congress granted immunity from arrest and personal special safeguard system. China's current constitution and law on the provisions of the system are discussed, and the need to improve further. For example, people's Congress from representative identity began to or from the formal exercise represents authority began to enjoy "under arrest"; not subject to arrest the "arrest" are covers all the restrictions of delegate of National People's Congress people liberty coercive measures; for the hospital the criminal is not applicable "under arrest"; chairman of the National People's Congress group or the NPC Standing Committee on the arrest of the license is only a consent form of the program, or can make a substantive examination on arrested for basis, and this license is incidental term or condition; whether there is unreasonable for township people on behalf of the report way after arrest.

Key word:Deputy to the National People's CongressWithout the right of arrestThe problemTo investigate the

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4Qin Qianhong, Huang Mingtao: "study," the implementation of urban and rural equal voting right, load "Journal of Jiangsu Administration Institute" in 2011 second

Author brief introduction:Qin Qianhong, doctor of law, Wuhan University School of law, and administrative law; Huang Mingtao, doctoral graduate of Wuhan University School of law, constitutional law.

Abstract:The three session of the Eleventh National People's Congress revised the "election law" the National People's Congress and the local people's congresses, cancelled before ", 1/4" terms, provisions and the same population proportion in the election of people's deputies, however, this is far from the equal right to vote. In addition, in the urban and rural respectively election case, both the calculation and allocation of the constituencies and the number of deputies, or the election host institution functions arrangement, the current laws and regulations are not made clear, reasonable design, value and lack of procedural vote will detract from the flat etc.. The electoral law requires more system design refinement.

Key word.The election system of two yuan in urban and rural areasRepresentatives of the peasantsRepresentative cityEqual right to vote

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5, Tong Zhiwei: "the system of Special Administrative Region has become China's basic political system", set "politics and law" in 2011 fourth

Author brief introduction:Tong Zhiwei, doctor of law, professor at East China University of politics and law.

Abstract:The basic political system is a developing concept, non basic political system can grow or transformation as the basic political system, and vice versa. From the constitution, law, a legal point of view, see, special administrative regions, complete system as the basic political. Just because of formation and growth and other reasons, important degree of the system of special administrative region actual in the formation of the first ten years is not enough to make , having a basic political system of reality. But with the passage of time, the system of special administrative region gradually mature, today it is not only in the constitution, the law is the basic political system, in fact has become one of the basic political system of china. According to deny the system of Special Administrative Region has a basic political system of property "basis" untenable.

Key word:One country two systems.The system of Special Administrative RegionBasic political systemConstitution

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6Ran: "bond issuance, and constitutional entity control", "social science" carrying Henan 2011 second

Author brief introduction:Jean prosperity, PhD, associate professor of Henan University of Economics and Law.

Abstract:In order to safeguard the sovereignty credit health, in two aspects of the central and local government, fiscal deficits and public debt issuance shall be subject to the constitution control. Firstly, the constitution should be made clearly defined on the kinds of central and local governments issue bonds. Secondly, the constitution should be clearly defined to the bond purposes, strictly eliminate the use of bonds to cover the daily public finance. Once again, all kinds of bonds in total shall be restricted by the constitution. Finally, the longest period of all kinds of bonds but also by constitutional control, to safeguard human rights and the maintenance of intergenerational justice between generations.

Key word:Public debtSpeciesUseThe totalThe termThe constitution control

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7Qin Qianhong: "the real estate market, administrative regulation and government power boundary", "law" in 2011 fourth period load

Author brief introduction:Qin Qianhong, Professor of Wuhan University law school.

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8Tang Xiaotian: "the government limit, begging and protection of the rights of the child", "Oriental Law" set in 2011 second

Author brief introduction:Tang Xiaotian, Shanghai Institute of Political Science and Law, editor.

Abstract:Begging is adult citizen's freedom, but any person has no obligation to beg for alms. Admit adult citizens begging freedom and appropriate restrictions should beg, should be in the question of the social management innovation. The government implemented active assistance, compulsory salvage is a special, give priority to the protection of minors of vagrant minors, should be regarded as voluntarily accept minors. The government has the right to limit begging behavior. One, should be subject to distinguish begging; secondly, we should distinguish the begging sites; third, should distinguish between good and malicious begging begging; fourth, should distinguish and was begging and operating begging. In accordance with the "best interests principle" protection of the rights of the child. The government is the first responsibility of the protection of children's rights, laws and regulations on the protection of children's rights in our country need further thorough, the protection of children's rights must be through the government sector "information isolated island".

Key word:Vagrants and beggarsThe rights of the childThe principle of the best interests ofAppropriate restriction

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9Yan Hailiang: "the global associational autonomy, theoretical reflection" revolution, "the science of law" contained in 2011 second

Author brief introduction:Yan Hailiang, associate professor of Nanjing Normal University law school.

Abstract:Started since the second half of the twentieth Century "association revolution" witnessed the global revival of civil society, development and reconstruction of the relationship with the system space between state and society. However, the existing association revolution theory does not deal with the relationship between civil society organizations and sovereign states seriously. On the one hand, from the perspective of sovereignty, association revolution is the historical characteristics of growth of individual rights, but it is also a concept of sovereignty has been remodeling products; on the other hand, study on the relationship between civil society organizations and sovereign countries shows, how to handle the relation between the two, it takes us further from the legitimacy of relational perspective to reflect sovereignty, sovereignty of heavy solution, providing legal basis and for the rise of social organizations.

Key word:Form an associationSovereigntyCivil societyAssociation RevolutionThe relationship between sovereignty

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China constitutionalism arrangement