Master of the review questions (sixteen) -- the constitutional questions question 24

1, discusses why the constitution is the fundamental law of the state?
Answer: Although the Constitution and other laws are essentially the same, but compared with other general legal constitution also has its own characteristics. The constitution is the fundamental law of the state, mainly displays in: ① the feature content. The provisions of the constitution of the most basic problems in national life, the adjustment range is very extensive. The Constitution requires the state to the nature, form of organization of state power, national and civil relations, the national organization and activity principle and national flag. The basic principle of a country and social life of the basic system, are to be confirmed by the constitution. Characteristics of the effect on the. In the force of law, the constitution is the highest, it is the highest legal status in the national legal system. Mainly includes: the constitution is the foundation and basis of the legislation; constitution is the highest standards of behavior all organizations and individuals activities; any legal, regulations may contravene the constitution, laws, and regulations unconstitutional is invalid. The specific procedures of the formulation and revision of the. As the most fundamental and effective constitution have content, have different characteristics and the general law in the formulation and revision of procedures. In the development process, the general set up specialized agencies in accordance with the specific procedures of the constitution. In the modification process, in order to safeguard the dignity of the Constitution and the constitutional stability, general requirements than ordinary law more strict program modification.
2, why the constitution is the concentrated expression of political strength comparison between?
Answer: the constitution as a legal, it is same as the general law reflects the will of the ruling class, and in accordance with the national compelling force to safeguard the implementation. But as the fundamental law of the state, to reflect the features of its own content and the form of the ruling class in the social classes will. In the performance, reflects the will of the ruling class is more comprehensive and focused on the main form; the coordination of the various interests of the basic law, establish the common principle of interest coordination. The constitution must have real contrast relations reflect the various political forces in the function of class relations, and changes with the comparison of political power relations, it is the concentrated expression of political strength comparison between. Only to a class society are eliminated, the Constitution can become the common will of all the members of the product of the whole society.
3, discusses the important role of constitution in the protection of the citizen's right to freedom of?
Answer: the constitution as the fundamental law of the state, it is also the provisions of the people's right to contract. The Constitution itself is not the purpose of the framers of the constitution, only to maximize the interests of all social citizens together through the constitution, enhance common happiness is the real intention of the framers of the Constitution and constitutional. So, in order to realize the social citizen common interests and happiness, the constitution must first admit the Constitution shall be formulated by the recognition is achieved through the implementation of the constitution of the activities of the interest and the value of happiness. In addition, the civil society interests and happiness is in the collective and individual way, therefore, the best interests of constitutional safeguards citizen and the greatest happiness is mainly based on the three basic principles. The interests of the state, the collective interests and personal interests of coordination principle; principle of protection of citizens basic rights, among which the most important is the basic human rights; the principle of correspondence of right and obligation. This is a requirement for all citizens, but also to the state organs to exercise state power in accordance with the provisions of the constitution. Especially the constitution provisions concerning the rights of citizenship restrictions, such provisions have dual constitutional objective, it is requires citizens consciousness of rights and obligations will be combined, in the enjoyment of basic rights in accordance with the constitution at the same time, but also should take the most basic responsibility to the country and society; it is required in the exercise of state power in accordance with national authorities the constitution, shall not exceed the conditions set by the fundamental rights of citizens of the constitution to limit the realization of arbitrary limits the basic rights of citizens.
4, discusses the characteristics of the system of people's Congress?
Answer: the people's Congress System in China has the following four characteristics:
(a) the people's Congress system is the fundamental principle to democratic centralism. The nature and task of China's state power, the National People's Congress system must follow the principle of democratic centralism. Is a combination of democracy and centralization system, is focused on the basis of democracy and democracy under centralized guidance. The main performance is: the 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 and procuratorial organs by the people's Congress, responsible to it, subject to its supervision; national institutions of the central and local authority division, followed in the unified leadership of the central next, give full play to the initiative, enthusiasm of the local principle. The people's congresses at various levels in the exercise of authority, to carry out activities in the process, develop democracy adequately, implementation of the principle of majority rule.
(two) subject - the system of people's Congress of the people's Congress is the organ of state power, the deputies to people's congresses at all levels are mostly part-time representative. In theory, people's Congress is the sole authority, is the unity of the exercise of state power organs. In the leading position in the whole national institutions. At the same time, people's congresses at various levels in China are mostly from the work in the front line of production, have their own work, deputies at all levels are mostly part-time representative.
(three) the system of people's congresses adopt unicameral system in the organizational structure. There are three reasons: first, China's national conditions, should adopt unicameral system; the Chinese tradition decided should adopt unicameral system; the streamlining and efficiency requirements determines that China should adopt unicameral.
(four) the permanent institution of the people's Congress system is the people's congress. The National People's congress annual general meetings only, and the period is very short, and the people's Congress mostly part-time, so if there is no permanent organ, the organ of state power will be vacant.
5, discusses the basic principles of the electoral system of China?
Answer: according to China's "constitution" and the 1995 revised "election law", China's electoral system mainly has the following basic principles:
A)   Principle of universal suffrage. Universal suffrage is how widely refers to the main body of the right to vote, refers to the addition of nationality, age, no mental illness and not deprived of political rights according to law, not the other qualifications and universal suffrage principle. From the theoretical origin, the principle of universality of voting right is a specific application of the principle of people's sovereignty. Since the people are the masters of the country, all the state power belongs to the people, then people have the right to choose the exercise of state power and social management personnel.
B)   The principle of equality and the right to vote. Equality refers to all voters vote in every election can vote only once in one place, and all voters cast ballots are equally authentic. It includes two aspects: one is the equality of opportunity, each voter can vote only once; the two is the result of equal potency equal, each voter vote.
C)   Direct and indirect election and with the principle of. Direct election is refers to the method by electors vote Representative Office representative or representatives and other state organs of civil servants. Indirect election refers to the election by the electoral or group of voters, electoral method and then by the election or the election to choose the representative organ group representatives or senators and other public employees.
D)   The secret ballot principle. The secret ballot is also called the "secret ballot", refers to the voters do not under his own name, personally writing votes and ballot method of sealing boxes. The advantages of the secret ballot is to keep a secret, to ensure that the election of people can freely express their will, thus ensuring fair elections.
E)   Material guarantee and legal guarantee of the right to vote.
6, discusses the system of Special Administrative Region?
Answer:
A) implementation of "one country two systems". In the territory of the people's Republic of China, the main part of the socialist system, adhere to the four cardinal principles. In this premise, according to the provisions of the Constitution and the establishment of Special Administrative Region, to keep its capitalist economic system and way of life in a quite long period of time.
B)   A high degree of autonomy. Special Administrative Region in accordance with the law shall be vested with legislative power, administrative power, judicial power and the power of final adjudication; independent of its own currency, general finance, sales for all their needs, they shall not be handed over to the Central People's government.
C)   The legislature, Special Administrative Region by the local people, the Central People's government not to send cadres to the Special Administrative Region office.
7, discusses the reason why the unitary state structure form?
Answer: according to the provisions of China's constitution, the people's Republic of China is created jointly by the people of all ethnic groups of the unified multi-ethnic country. This provision indicates that, China is a unitary state structure. The main reason for the:
A)   The historical tradition and political psychology. Since the Qin and Han Dynasties, in the long process of history development, except for a short time in a state of fragmentation, China has been a unified centralized. Therefore, the establishment of a unified country with political psychological aspects of the form of state structure and historical traditions of people in China for over two thousand years.
B)   Ethnic composition and ethnic distribution. From the ethnic composition, China has 56 ethnic groups, but the difference between a national population quantity is big, the vast majority of the Han population accounts for 90%, the population structure of this decision can only be a unitary system. From the condition of national distribution, because each nation in the long interaction process, the formation of large mixed, small settlement of the situation. Also decides the impossible federalism.
C)   The ethnic relations. Between the various nationalities in the long-term process of historical development, cooperation, exchange, learning, fusion, the formation of a unified Chinese nation, created the splendid Chinese culture and Chinese civilization. Although the history of ethnic contradictions, but friendly cooperation is the mainstream national relationship, which provide the possibility and the necessity to adopt the unitary system.
8, discusses the nature and status of the basic laws of the Special Administrative Region?
Answer: is a part of the people's Republic of China socialist legal system, but also an integral part of the legal system of the special administrative region. According to the basic law is the constitution of our country, a basic law enacted by the National People's Congress. In the socialist legal system in our country, its position just below the Constitution in a subordinate position, but higher than that of other normative documents. Have a relative independence. On the other hand, the legal system of the Special Administrative Region, the basic law in the legal status of the highest. Other laws and regulations in this area must abide by the basic law principles, not contravene the basic law.
From look on the whole, the legal status of the special administrative region is equivalent to the provinces, autonomous regions and municipalities. Because, first, the province approved construction, autonomous region, municipality directly under the central government's power to the National People's Congress, and decided to set up a special administrative region of the power in the National People's Congress; second, special administrative region directly under the central government and the Central People's government as well as with other province, autonomous region, or municipality directly under the central government; third, Special Administrative Region of the National People's Congress election produced on behalf of province, autonomous region and municipality directly under the central government, the election of the deputies to the National People's Congress is as part of the National People's congress.
9, the principle of national organization and activities?
Answer: carry out the following four important principles of organization and activity of our national institutions:
A)   The principle of democratic centralism. "Constitution" article third stipulates: "the state organs of the people's Republic of China apply the principle of democratic centralism. "The main manifestation of the principle of democratic centralism is: one is the relationship between the organs of state power and the masses of the people, the National People's 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 two is in the relationship between the organs of state power and other organs, the state administrative organs, judicial organs and procuratorial organs by the people's Congress, responsible to it, subject to its supervision; three is in the relationship between the central and local state organs, state agencies of the central and local authority division, followed in the center of unified leadership, give full play to the initiative, enthusiasm of the local principle.
B)   The socialist rule of law. In 1999 the thirteenth article of amendment to the Constitution stipulates: "the people's Republic of China to implement the rule of law, building a socialist country ruled by law. "The main performance is: ① all organizations and individuals are under the Constitution and the law. Awarded to any state organ or functionary of a state organ of power from the Constitution and the law, any organization or individual shall be beyond the constitutional and legal privileges. ② all organizations and individuals must be based on the Constitution and the law the exercise of power. ③ all organizations and individuals must exercise their powers in accordance with the provisions of the Constitution and the law program.
C)   National equality and national unity principle. "The constitution" fourth stipulates: "all ethnic groups in the people's Republic of China are equal. The state protects the lawful rights and interests of the minority nationalities, the maintenance and development of equality, unity, mutual relations between the ethnic groups. Prohibition of discrimination and oppression of any nationality, prohibits the destruction of the unity of the nationalities or behavior. "The main performance is: 1. As a Chinese National People's Congress supreme national authority is composed of representatives of the nation; ② set about national affairs office in state institutions at all levels; in the areas inhabited by minorities, every minority regardless of population, should have its own deputies to the local the people's Congress; the implementation of ethnic regional autonomy in areas where people of minority nationalities, the local minority people can local affairs of the nation's own management.
D)   The principle of liability. Because of the different nature of state authority, responsibility system has two kinds of forms in our national institutions: the collective responsibility, also known as the collegiate system, refers to the state organs in the decisions on major issues, must hold a meeting, by all the members to discuss and make decisions; in the process, make decisions, each member's right are equal, everyone has only one vote, to implement the principle of majority rule. The collective responsibility of state organs are organs of state power. The officer in charge of system, also known as personal responsibility, refers to the state organs to decide and handle problems can be through collective discussions, but not vote by majority rule, heads and other leading members of the departments of power is not equal, officer has the final say, negative personal responsibility of all the major decisions and the authority in the decision. The administrative organs of the state and the Central Military Commission, the chief of.
10, the main form of constitutional interpretation?
Answer: because the interpretation of the constitution is in a very important position in the constitutional practice, constitutional usually take exercise to the specialized institutions or specific agencies the authority to interpret the constitution. From the current interpretation of the constitution of the system, there are three main types of:
A)   The legislative interpretation system. The legislative organs in accordance with certain procedures to interpret the constitution.
B)   Judicial interpretation system. The judicial authority to interpret the Constitution in accordance with legal procedures. The basic practice is, the court in adjudicating cases, incidental to review the constitutionality of the law, if it can be declared unconstitutional unconstitutional, refused to apply.
C)   The special organ of. In order to make the interpretation of the constitution is more standardized, procedures, the establishment of specific authority to interpret the constitution, mainly has the constitutional court, constitutional council. The specific organs is responsible for the interpretation of the constitution authoritative institutions, can effectively solve the problems occurring in the implementation of the constitution, the way to use the principle of judicial activism.
The legislative interpretation system of constitutional interpretation in China, the National People's Congress Standing Committee exercise the power to interpret the constitution. The main reasons are:
A)   The National People's Congress Standing Committee of the highest organ of state power, with legislative power under the constitution. The law making authority to interpret the constitution is conducive to a comprehensive, accurately grasp the meaning of the law, to ensure the authority of constitutional interpretation;
B)   According to the provisions of the constitution, the NPC Standing Committee is the constitutional supervision, constitutional interpretation problems that appears in the Constitution in the process of implementation, unified supervision and interpretation is helpful to ensure the authority of constitutional interpretation;
C)    Constitutional interpretation is a regular job, specialized organs as a permanent body of the National People's Congress is often carry out activities, its members with political and social experience, a reasonable knowledge structure.
11, the people's democratic dictatorship is essentially the dictatorship of the proletariat?
Answer: after the completion of socialist transformation in China, although the historical task of regime change, people's range is enlarged, the dictatorship of the object more narrow, but the essence of the people's democratic dictatorship does not change, it is the dictatorship of the proletariat. Because:
A)   The people's democratic dictatorship of China state power is composed of China working class and after its vanguard - Chinese Communist Party leadership and the leadership of the working class, the state power is the fundamental symbol of the dictatorship of the proletariat;
B)   The people's democratic dictatorship of China state power is based on the worker peasant alliance, and the alliance of workers and peasants are the basic principles of the dictatorship of the proletariat;
C)   The people's democratic dictatorship of China state power is to suppress the handful of hostile resistance, but also has the Defense National subversion by external enemies and possible aggression and other functions;
D)   The people's democratic dictatorship of China State undertakes to eliminate all the system of exploitation, eliminate all the exploiting classes, based on the height of the development of productivity, the gradual elimination of all class difference task. This historical mission of our state is consistent with the historical mission of the dictatorship of the proletariat.
These similarities indicate that the people's democratic dictatorship in essence is consistent with the dictatorship of the proletariat. But on the other hand, the people's democratic dictatorship has its own characteristics, that is to Chinese Communist Party leadership, with the democratic parties and people's organizations, the existence and development of patriotic united front of socialist workers, including all patriots who support socialism and patriots of the reunification of the motherland.
12, discusses the significance of the electoral system?
Answer: the electoral system is the foundation Chinese social democratic political system and an important part, directly reflects the nature and requirements Chinese social system. The electoral system establishment and the basic spirit of operation is: to meet the national nature of people's democratic dictatorship, the people involved in the political life of the country, for the people to effectively exercise their democratic rights provide procedures and legal conditions. Its significance is mainly the following aspects:
A)   The nature of the state comprehensively reflect the people's democratic dictatorship;
B)   The electoral system is to establish and perfect the system of people's Congress of the basis and starting point;
C)   The electoral system is the basic form of citizen participation in political life;
D)   The electoral system is the basic form of reasonable adjustment of state power and civil rights.
13, discusses the concept and main features of the unitary system?
Answer: refers to as a whole country by a number of administrative units or autonomous units, these countries are not an integral part of the form of state structure.
The unitary system is referred to as a whole country by a number of administrative units or autonomous units, these countries are not an integral part of the form of state structure.
The basic characteristics of a single system: only the national constitution, only one central state organs system (including the legislature, administration and judiciary); every citizen has a unified nationality; each administrative unit or autonomous units are under the unified leadership of the central government, cannot be separated from the central and independent of each administrative unit; or autonomous units have power is a central through in the form of law to grant, and not inherent; the whole country is the only subject of international exchanges on behalf of the state.
The 14 basic factors, discussing the constitution have?
Answer: the law is produced with the appearance of private ownership, class and nation, but as the basic constitution, it appears most early in the modern capitalist society. Because the period of capitalist society, constitution produce conditions have been met. These conditions include the following aspects:
A)   Economic conditions. Establishment of capitalist relations is the constitution of the economic conditions. The development of the commodity production for the characteristics of capitalist production relations, who can become the independent personality of the equal rights of main body, there is a sharp contradiction between the demand and the feudal production, but the big machine industry further intensification of the contradiction, resulting in bourgeois revolution. After the victory of the revolution, established the "labor freedom", "equality of capitalist relations of production" possession of property, which lays the foundation for the formation of constitution.
B)   Political conditions. The bourgeois grasp the state power, to realize the social rule, established bourgeois democracy, constitution's political conditions. The production and development of capitalist production relations, to create the conditions for the emergence and development of bourgeois democracy. Thus laid the political foundation for the modern constitutions.
C)   Thought condition. The constitutional practice must be guided by the thought of constitutionalism, no thought of constitutionalism will not have the constitutional practice. The bourgeois democracy, freedom, equality and human rights and constitutional ideas put forward and win support among the people, is the ideological condition of constitution. The emergence and development of capitalist production relations and the bourgeois democratic system, laid the foundation for the constitutional thoughts.
D)   Legal conditions. To perfect the legal department and the increase of the legal system, is the legal condition of constitution produce. Only when the development of the legal system of its own a need to have a special law over and above each law department, the common basic principles that should be followed for the departments prescribed degree, the constitution will produce. And during the period of the bourgeois revolution, the legislative activities have become increasingly frequent, the number of legal norms increased dramatically, more and more fine legal department division. The law itself to the development of the need for a parent to unified legal system function degree. So far, the constitution have become inevitable.
15, the constitutional law is democracy?
Answer: the Constitution and democracy are inseparable. The emergence and existence is one of the prerequisites of democracy and democracy in. The modern meaning of the constitution is the bourgeois revolution victory, appears to have democracy after the fact. The different nature of the constitutional recognition of different forms of democracy.
16, discusses the main features of the Constitution?
Answer: the constitution is a fundamental law, code and other laws have their own characteristics:
A)   The political constitution. The constitution is the legal norms that regulate the operation of state power and the protection of human rights, inevitably appear in the political process and its constitution in the constitutional. The main provisions of content of the power operation rules, the political power subject status and authority, between the state and citizens such as the relationship between the constitutional norms. The political features of its performance in: ① the constitutional process is a political choice, its connection with the degree of political power and specific interests together, reflect the characteristics of political interests; the specific content of the disadvantages of constitutional norms reflect a political choice; the adjustment of constitution and process by certain political interests. Constraint.
B)   The constitution of organization and restriction. The constitution is a kind of organizational norms of state power. The state power is the organization and distribution of reasonable through constitutional role. The main function of the organization of the constitution is to determine a reasonable composition and the system of state organs, provide constitutional basis for power. In order to ensure the constitutionality of power, the constitution should not only play the function of the organization, at the same time to play the limit function.
C)   The supreme constitutional norms. The constitution as a fundamental law , is at the highest position in the system of legal norms, constraints and control other norms. Firstly, the constitution has the highest value in the social life criterion, which forms the basis of all political and social. The constitution, constitutional order is the foundation of social order, marking a unified national legal system. Secondly, the supreme constitutional norms embodied has supreme legal effect, namely all laws, administrative regulations and other normative documents shall not contravene the constitution, otherwise it will lose effectiveness. Third, the constitution of the highest means that the constitution is the highest for adjusting social life, is to determine the political behavior is legal, reasonable standard.
D)   The constitutional stability and adaptability. First of all, as the basic elements of the Constitution Constitution, need long-term stability in the social life, not to change. By the constitution the highest value of the decision, the constitution should be scientific rationality and run the program keeps its contents in the adjustment of social life. Secondly, the specific process of constitutional practice, the stability and adaptability of constitution value is of equal importance. The stability value cannot be restricted adaptability, similarly, not to damage the stability of adaptive value value. In the period of social transformation, when the specification and reality contradictory, more attention should be paid to the balance of the two.
E)   The sanctions of constitutional norms. A legal norms for the constitution, has special sanctions. From the essence, the constitutional sanction and criminal, civil, administrative sanctions, the effectiveness of its widely recognized social sanctions, has the structure and form of inner. The constitution sanctions include both positive and negative sanctions, including sanctions, have different from other sanctions social influence. In the running of modern constitutional government, mainly in the form of sanctions is specific judicial practice. The basic form of the establishment and development of judicial review system is the constitutional sanction function, not only in the form of. Convinced that the maintenance of the nature and function of constitutional norm form of citizen supervision to political process and the constitution law.
17, discusses the system of legal supervision and characteristics in our Constitution?
Answer: the main content of the constitution supervision system of our country:
(1) the subject of the constitution supervision. By the National People's Congress and its Standing Committee exercise the powers of supervision and the implementation of the constitution;          

(2) of the constitution the basic law. The preamble of the Constitution clearly stipulates the constitution as the fundamental law, provides a uniform basis for the constitutional supervision system operation;
(3) the basic principles of the constitution supervision. The national safeguard the uniformity and dignity of the socialist legal system; the rule of law, building a socialist country ruled by law; all laws, regulations and local regulations may contravene the constitution; all the violation of the Constitution and the law must be investigated;
(4) the supervision system of normative documents. In order to ensure the constitutionality of laws and other normative documents, the provisions of the constitution supervision normative documents of constitutional system. The National People's Congress has the right to change or revoke the decision of the National People's Congress is not appropriate; the National People's Congress Standing Committee have the right to cancel the formulated by the State Council with the constitution, in contravention of the laws of administrative regulations, decisions and orders, have the right to cancel the organs of state power of provinces, autonomous regions, municipalities directly under the central government formulated with the constitution, laws and administrative conflict. Laws and resolutions;
(5) activities of the party must be within the range of constitution and law. This is the implementation of the Constitution and the political guarantee. The Party led the people to formulate the constitution, but also the model of legal obligations to abide by the constitution, the party's activities under the Constitution and the law, and shall not violate the Constitution and the law.
Its characteristic is:
(1) normative documents of the review of constitutionality. Laws, regulations and other normative documents of the review of constitutionality is the main content of the constitution supervision. Because the constitution has the highest legal effect, all contrary to law, regulations of the constitution is invalid. The constitutional problem with the constitutional supervision should first solve the normative documents, to ensure the uniformity of law;
(2) behavior of constitutionality review. State organs, social organizations, political parties and civil servants must comply with the constitution, all citizens must abide by the constitution. The constitutionality of one of the main problems addressed to the constitutional supervision is the review of the state organs and civil behavior.
18, how to understand the basic principles of the Communist Party and the democratic parties Chinese?
Answer: the basic policy at this stage Chinese Communist Party of the Democratic Party is: "long-term coexistence, mutual supervision, be in perfect sympathy with each other, sharing weal and woe. "This sixteen word policy, is the historical experience China Communist Party and the democratic parties long-term cooperation summary, need is the primary stage of socialism. "Long term coexistence" refers to the Communist Party and the democratic parties in the Constitution and the green is equally activities; "mutual supervision" refers to the Communist Party and the democratic parties in the law currently equality. "Be in perfect sympathy with each other" is refers to between the Communist Party and the democratic parties trust each other, speak frankly and sincerely; "and" refers to the Communist Party and the democratic parties with the breath, a common fate. "Long-term coexistence, mutual supervision" is the premise, "be in perfect sympathy with each other, sharing weal and woe" is to ensure the basic spirit, sixteen word policy is to continuously consolidate and develop the long-term cooperation between the Communist Party and the democratic parties, fully guarantee the democratic parties in the new period of history.
19, why the people's Congress system is the realization of the basic form of socialist democracy in China?
Answer: in a variety of forms of democracy, the people's Congress system is the realization of the basic form of socialist democracy in china.
A)   The essence of socialist democracy is the people's democracy be in power, the need to achieve through some form of order. The people's Congress system is the realization of this form of democracy. From the composition of people's Congress, the people's congresses at various levels are composed of representatives of the people, and the representatives of the people and by the people through democratic election elected; from the people's Congress of the people's authority, people's Congress on behalf of the people exercise state power; from the people's Congress of the responsibility, it is to be responsible for the people, to accept the people's supervision.
Therefore, the people's Congress system is China's people's exercise of power can be in power, a form of socialist democracy.
B)   In the realization of socialist democracy, the people's Congress system is the most important. In all of the realization of the socialist democracy form, in addition to the people's Congress system, all other forms have some limitations. This limits the performance of the Democratic subject, or in the realization of democracy and efficiency. And the system of people's Congress is unrestricted, comprehensive, full protection for people's realization of power to be in power. Therefore, compared with other forms of democracy, the people's Congress system is the realization of the basic form of socialist democracy in china.
Not only that, the system of people's Congress is a fundamental political system in China, is China's national institutions established foundation to carry out a comprehensive, sound and the country's political life, is the core of political system, but also reflects the country's political life.
20, the current practice on how to improve the system of people's Congress?
Answer: in order to guarantee the people's right to be in power through the people's congresses of the basic, must continue to strengthen and improve the system of people's congresses. The strengthening of democracy, reflect the will of the people, promote and ensure the rule of law, to play a greater role in the process of building a socialist country ruled by law.
A)   Safeguarding the people's Congress fully exercising their functions and powers. 1. To improve the understanding of people, to ensure the people's Congress can on behalf of the people exercise their functions and powers according to law; the National People's Congress shall exercise authority, is the true embodiment of the people to be in power;
B)   Strengthen and improve the organization of the people's congress. Strengthen and improve the levels of the National People's Congress Standing Committee; the improvement and strengthening of the special committee of the people's congresses at various levels.
C)   Improve the people's Congress electoral system, improve the structure of the components of the people's Congress at all levels, improve the quality of people's deputies. The further improvement of the election of deputies to the National People's Congress system; is the organs of state power at all levels of staff, is the main body of the people's congresses at various levels of activity, begin the work, is the representative of the people exercise state power. The National People's Congress shall actively participate in inside and outside activities, exercise ability in practice to manage state affairs to improve participation in politics.
D)   Adhere to and improve the party's leadership. In the law, the National People's Congress is the organ of state power, the party must abide by the Constitution and the law; the National People's Congress and its Standing Committee have the right to supervise the implementation of the Constitution and the law, the state organs and Party activities that violate the Constitution and laws must be investigated; but in the country's political system, the National People's Congress is under the leadership of the party, the National People's Congress must accept the leadership of the party. Therefore, in order to build a good person, must uphold the party's leadership, but also improve the leadership of the party.
21, the legal status of ethnic autonomous organs?
Answer: the autonomous authority is set up in the national autonomous areas exercise the general administrative region of local organs of state power at the same time started to exercise the power of autonomy of the state organs, including autonomous regions, autonomous prefectures, Autonomous County People's Congress and the people's government. Its legal status in the:
(1) has a dual nature in the exercise of authority: first, in the legal status of local organs of State Administration is a level, so in generation mode, term of office, organization and activities of the organization principle and so on, are exactly the same and the local organs of state administration area, parallel to local state organs as prescribed by the Constitution and the law the corresponding general administrative region of the authority; on the other hand, they are also established by minorities in national autonomous areas, the implementation of regional autonomy of the exercise of autonomy of the state organs, in accordance with the Constitution and relevant laws and regulations of national autonomy exercised a state organs do not enjoy. Including, one is in accordance with the characteristics of the nation's political, economic and cultural, to formulate autonomous regulations and separate regulations; two is to implement the state organs at higher levels of resolution, decisions, orders and instructions, such as there are not suitable for the actual conditions of the autonomous areas, can be reported to the higher authorities for approval or suspension of execution is flexible; three financial rights management place; four is under the state plan, arrange and manage local economic development; five is required, approved by the State Council, can organize local public security forces.
(2) has a dual nature in the organizational principles: first, the organization principle of national autonomous organs and other local state organs, the implementation of democratic centralism of the people's Congress System: the people's Government of national autonomous areas shall be responsible and report to the people's Congress at the corresponding level and the level of national administrative organs. During the meeting in the people's Congress, the Standing Committee of the people's Congress shall be responsible and report. The people's Government of the national autonomous areas must comply with the State Council's leadership; second, also has the characteristics and requirements of the nation in terms of its composition. One is its large, representing the ratio of the nationality and other minorities should be reported to the NPC Standing Committee for approval according to law and determined; two is its Standing Committee shall have the nationality of citizens as director or deputy director; three is the chairman of an autonomous region, autonomous prefecture, autonomous county magistrate held by exercising regional autonomy in the area minority nationals; four is in the National People's Congress and the organs of self-government of the Department, as far as possible with the implementation of regional autonomy of ethnic and other minority citizens.
22, the legal status of the Special Administrative Region?
Answer: the special administrative region is set up in the scope of administrative region within the people's Republic of China enjoy special legal status, capitalist system and way of life of the local administrative region. Local administrative region China's Special Administrative Region to solve the historical legacy of Hongkong, Macao, Taiwan issue in a peaceful way and the establishment of the special.
A)Special Administrative Region of the Central People's government directly from the property. The legal status of the special administrative region is equivalent to the provinces, autonomous regions and municipalities, mainly displays in: ① approved construction Province, autonomous regions and municipalities, the power belongs to the National People's Congress, and decided to set up a special administrative region of the National People's Congress also belongs to the power; the Special Administrative Region and the province, autonomous region, municipality directly under the central government directly under the the Central People's Government of the Special Administrative Region; the election of the deputies to the National People's Congress and the province, autonomous region, municipality directly under the central government, elected representatives of the National People's Congress is as part of the National People's congress.
B)The local government has a special status. Special Administrative Region and the province, autonomous region, municipality directly under the central government are also compared with special.
First, the Hongkong and Macao Special Administrative Region, it no longer has any power units;
Responsible for the management of second, in addition to the Special Administrative Region concerning foreign affairs and defense affairs should be the Central outside, other such as finance, justice, civil affairs, personnel, public security affairs, are managed by the government of the Special Administrative Region, and formulate the policy;
Third,The Central People's Government in addition to the Special Administrative Region Basic Law, national law except for a handful of stipulated by law shall be implemented in the Special Administrative Region, other law enforcement is not in the special administrative region.
Fourth,A high degree of autonomy of Special Administrative Region, enjoy extensive autonomy. Mainly include: administrative power; the legislative power; the independent judicial power and the power of final adjudication; dealing with the external affairs power to the other hand and a high degree of autonomy.
23, discusses the basic principle of political system of Special Administrative Region?
Answer: the special administrative region's political system should be conducive to safeguarding national unity and territorial integrity, but also to ensure a high degree of autonomy of Special Administrative Region; not only to maintain and promote economic prosperity and social stability, but also take into account the interests and needs of all sectors of society; cannot copy the original political system, but also to consider some the advantages of the existing political system. Mainly embodies the following basic principles: from the Hongkong and Macao's legal status and reality; the executive and the legislature can cooperate with each other and mutual checks and balances, the independence of the judiciary; advantages and characteristics of the appropriate retention and absorption of the original system.
The basic characteristics of the right to education, discusses the 24?
Answer: the right to education is important right of citizens in the field of education, culture, science and technology is the right of citizens to accept education training. Its basic characteristics are: (1) the right to education is the unification of liberty and social rights, social rights reflects the essence of the right to education; (2) the right to education is the ability to develop a citizen, an important means to realize national culture; (3) the right to education education duality, a the right is the right to education is a citizen, at the same time it is a duty of a citizen. The state provides a variety of opportunities for citizens enjoy the right to education, on the other hand also has the right to require citizens to perform education obligations.