2006.10.21

Learning "important constitutional" course

Here from two aspects:

  One is the reality significance to study the constitution, or practical significance. We know that the constitution is the fundamental law of the state. That is no greater than his method. The textbook says: "the so-called modern constitution, to limit the monarchy, provides that the organs of state authority, organization and their mutual relations, civil rights, freedom to confirm the fundamental law of the state." A fundamental problem to be solved by the constitution, with a popular metaphor, is "the right to be big". We have said that the authority of the constitution is produced in and privilege in the struggle. The Constitution does not recognize any privilege, with provisions of a constitution, is: "the people's Republic of China to implement the rule of law, building a socialist country ruled by law." Now in some places in our country some people are used to implement the "will", the right pressure method, we studied the constitution would know it's wrong, should be improved and to overcome.

The rule of law, building a socialist country under the rule of law is not our purpose, he is only a means, a method. Its fundamental purpose is to protect the interests of the masses. What is the Constitution? Lenin said: "the constitution is a piece of paper to write a civil rights." Some scholars believe that: the constitution is a contract of the citizen and the state, which set out their mutual rights and obligations. In fact, the provisions of the constitution the basic content of no more than two aspects: one is to limit the government power, another is the guarantee of human rights, which is "the protection of human rights". The constitution of China dedicated a chapter to write "the fundamental rights and duties of citizens is the embodiment of" national protection of human rights. From the legal perspective, the basic rights of citizens is the obligation of the state, the obligations of citizenship is the national rights. As our citizens have the right to education, in turn, countries have to provide educational opportunities for citizens and the conditions of the compulsory. The constitution is to limit the government power to achieve the state of civil rights protection.

"The state respects and safeguards human rights." Is the basic principle of our constitution. Scholars think, the development of human rights has gone through three stages, the first stage is the stage for political rights; the second stage is to strive for economic and social rights stage; third stage is to strive for the development rights and environmental rights and peace right stage. It should be said that the content of constitution in China has basically been stipulated, and perhaps not perfect place. Our textbooks from a certain angle for he is around the protection of civil rights expansion, such as the first chapter "the constitution is the law of" democracy without democracy there can be no constitution; the third chapter, the nature of the country, speak Chinese all state power belongs to the people; the fourth chapter about the organizational form of state power in our country, the people's Congress system is the fundamental political system in China; the fifth chapter of our country the system of regional ethnic autonomy and the system of Special Administrative Region; the sixth chapter in terms of the economic system and the construction of three civilizations, is about the economic rights and the right to development of citizens; the ninth chapter talk about national institutions, the principle of democratic centralism the principle, rule of law. These contain the socialism democracy and the protection of civil rights. Study the constitution has important significance for promoting China's current reform of political system.

    Again, study the constitution is the basis for learning other course of law, the constitution is the legal basis of other state laws, China's constitution stipulates: "the national safeguard the uniformity and dignity of the socialist legal system. All the laws, administrative regulations and local regulations may contravene the constitution." The constitution of a very important value function is its censorship laws, regulations and normative legal documents of constitutionality, this is what we call the "judicial review system". From a certain point of view, the relationship between the Constitution and other laws, we can say that the other law extends a constitution in specific areas and specific, only to learn the Constitution can better learn other laws. Especially for the administrative law and the State Compensation Law of administrative procedure law, these courses is that. It is this is because no matter what the specific laws and regulations, also cannot do without the protection of civil rights, "human rights protection". So we learn the constitution is very important for the study of other laws.