Authors: Mo Jihong

Author Department of law research China Academy of social sciences institute assistant director, research fellow

Source: "Chinese social science" in March 28, 2014 577th

 [key] constitution is the basic law has the highest potency. The constitution is the fundamental law of the state, not only is the party leads the people in building national and social political program, also is the basic legal norms to adjust people's behavior, has the highest legal effect. The constitution of the legal validity is above the law, regulations, rules and all legal normative documents.

General Secretary Xi Jinping all walks of life in the capital Memorial constitution promulgated the 30 anniversary of the General Assembly speech, the authority of the Constitution in the political life of the country has made the explicit and fully affirmed, take forward: "ruling the country by law, is the first rule of constitution; administration according to law, the key is ruling by constitution." General Secretary Xi Jinping particularly stressed the need to maintain the authority of the constitution, and pointed out that the Constitution's life and the authority lies in the implementation, to improve the basic constitutional system, strengthen the implementation of the constitution, strengthen the constitutional guarantee, improve the constitutional awareness and fully comply with the constitution of the angle and the height, phased, step by step to advance in an orderly manner according to the development process of the constitution, around the rule of law China construction as the theme of the times, to further develop the constitution as the fundamental law on security "an important role in scientific legislation, strict law enforcement, judicial justice and the law-abiding".

The constitution is the fundamental law has the highest potency. The constitution is the fundamental law of the state, not only is the party leads the people in building national and social political program, also is the basic legal norms to adjust people's behavior, has the highest legal effect. The constitution of the legal validity is above the law, regulations, rules and all legal normative documents. The dignity of the constitution is the dignity of the socialist rule of law, constitutional fate closely linked with the party and the country's future, the fate of. The constitution is the rule of SG, Xing; the constitution is the Chang, chang. The constitution is the law Chinese construction national lifeblood, is the core of all Chinese people's political interests.

The constitution is the core of socialist legal system China characteristics. As the basic law, the provisions of the constitution is the legal basis of the legislative work. In the socialist legal system Chinese characteristics, the constitution has the leading role, is at the core position. The constitution principle is the important guiding ideology in every law, the constitution is the prerequisite to maintain the unity of the socialist legal system, in a variety of legal form of legal system, the constitution at the very top, has supreme legal authority. Highlight the central position in the socialist legal system in the constitution, to safeguard the unity of the legal system, to ensure the work "the rule of law China Construction Law", to promote the scientific legislation, improve the quality and level of legislation, protection has very important role.

Relying on the ruling party to promote the orderly rule of constitution. The constitution is the embodiment of the party and the people's common will of the ruling party, is an important system on the basis of managing state affairs. The ruling party constantly improve the ruling capacity must rely on the constitution, constitutional, ruling by law, is the first ruling by constitution. Ruling by constitution which requires the ruling party's line, principles and policies should be through the constitution of the national and social life play the role of guidance, no organization or individual may be beyond the constitutional and legal privileges. The ruling party should be in the process of implementing the basic strategy of governing the country according to law, with the goal of the rule of law China construction as the guidance, to promote the orderly rule of constitution, and give full play to the constitution as the fundamental law of the protection of civil rights, maintain social stability, promote social prosperity fundamental role. The Party led the people to formulate the Constitution and laws, the Party led the people to implement the Constitution and laws, the party must activities within the range of constitution and law, and truly the Party leadership legislation, law enforcement, judicial, law guarantee lead.

Improve the basic constitutional system, give full play to the political advantage of the socialist constitution. China is a socialist country, our constitution is a constitution. To make a socialist type from the 1954 new Chinese constitution so far, China produced a total of four constitution, the constitution of 1982 is the current effective. The party's eighteen plenary session of the Central Committee of Communist Party of China "by on comprehensively deepening reform of certain major issue decision" clearly pointed out, to perfect and develop Chinese socialist system, promote the national governance system and management modernization. To implement the "decision" of the spirit, the key point is to the ways and means to improve the basic constitution system to enhance the country's system of governance by law and the state management modernization. At present, we should strengthen the construction of basic constitutional system through the implementation of constitution, to further improve the Constitution in principle guiding support and security legislation, organization, Hong Kong and Macao law and other basic laws important implementation; according to the basic principles of the constitutional safeguard of human rights, and constantly improve the criminal law, criminal procedure law, civil procedure law and the administrative litigation law in the protection of human rights in the constitution; according to the principle of reservation of law reservation principle and spirit, we will further improve the basic legal system of administrative, by strengthening the government according to the constitution of administrative power to promote the construction of government by law continuously and orderly development; to strengthen the Constitution in the judicial protection of human rights, the role of guiding position through the judicial justice, constitution, constitution and the specific design of the system, provide clear constitutional basis for the judicial system into a comprehensive range of basic constitutional system. To rely on the constitution to do practical things, to solve practical problems, to make the constitution become the primary principles guiding the construction of rule of law thinking China system.

Strengthen the implementation of the constitution, perfect the constitution safeguard mechanism. The constitution of the basic law from the Constitution in the rule of China construction practice practical ability. The practice of rule of law China construction needs the constitution, the Constitution can have prolonged vitality, constitutional role in the social practice, the Constitution can be due authority. We need to proceed to improve the basic constitutional system at the same time, through the strengthening of legislation and the way to further refine the system constitution, the basic law has promulgated the basic rights in the constitution of some implementation. To strengthen the scientific design of the text of the constitution, the constitutional norms, through the improvement of work to interpret the constitution interpretation and legal, clear constitutional text and constitutional norms of the legal connotation, enhance the constitutional text and constitutional norms in the implementation of the constitution of the specific, maneuverability, and prevent the system design is not matching led to the constitutional system has various risks and crisis in practice in the. To establish a supervision mechanism of constitution implementation, urged the state organs and the exercise of public power agencies and staff has a constitutional duty to work seriously according to the provisions of the constitution. The National People's Congress and its Standing Committee according to the Constitution and legislation law strictly fulfill the duties of supervision of constitution implementation, to establish constitution apply legal judgment mechanism, to use the constitution to solve legal problems resulting from the various legal Chinese construction practice in the specific and complex. The local people's Congress and its Standing Committee to exercise their functions and powers according to law, guarantee that the Constitution and legal compliance and implementation in the administrative area. To make full use of our constitutional system in the realization of the socialist rule of law with the potential to make the constitution, which is the political advantage and political vitality, through the implementation of the constitution will be great potential and the political advantage of the constitution has the good use of constitutional protection, providing comprehensive and efficient for the rule of law China construction.

Conscientiously abide by the constitution, safeguard the authority of the constitution. The constitution is the legal weapons to protect civil rights, abide by the constitution is to protect the legitimate rights and interests of citizens themselves. To establish a loyal to the constitution, abide by the constitution, to uphold the constitution, rely on the consciousness of constitution, in the whole society to firmly establish the authority of the constitution, make people aware of the constitution is not worldly possessions, the constitution is on their side, the constitution is closely related to the vital interests of each individual. Using a variety of effective propaganda and education form, authority figures in the government and the public to shape the constitution, the constitution as the authoritative status of all state organs, social organizations and individual citizens the highest behavior rules. Take care of the authority of the constitution, and resolutely resist the "illegal, unconstitutional" unconstitutional "not illegal" negation and despise the authority of the constitution the wrong words and deeds. Always adhere to the maintenance of the authority of the constitution, to defend the dignity of the constitution as comprehensively implement the basic strategy of governing the country according to law, promote the rule of law China construction priority to catch. Condensation of patriotic enthusiasm by constitution, constitutional guardian China citizens.

In short, the constitution as the fundamental law of the state, has the supreme status in national and social life. Our constitution is the practice Chinese experience of revolution, all the people under the leadership of the Communist Party China China in long and complicated revolutionary struggle of the world according to the constitution formulated, vividly embodies the party's leadership, the people be in power and the organic unity of the rule of law, is the fundamental point of promoting the rule of law Chinese construction, is the general regulations of the programme of action to safeguard a country, the rule of law is China construction. We must hold high the banner of the constitution, law China construction as the goal, comprehensively promote the rule of law as a fundamental principle, and strive to practice the constitution, make better use of basic characteristics of the constitution system to provide strong support for the rule of law in socialist construction China characteristics.