Master of the review questions (thirteen) -- the constitutional interpretation

1Constitution: the legal form, as the constitution generally refers to the general laws of the basic law has legal status in the legal system of a country, the origin of the constitution is its external form, the constitution is its essential content. The constitution is a law, is the fundamental law of the state, the constitution is the fundamental law of the forms of democracy, the essence of the Constitution in reflects the will of the ruling class and the form of the constitution has its own characteristics.
2Habits:, the constitution is a form of constitutional conventions, refers to the management authority pursuant to the constitution, enjoy the national and social affairs of state organs in the implementation of the constitution of the formation of habits, closely related to the behavior and implementation of the constitution, through long-term practice become the implementation of the constitution is not a an integral part of.
3, constitutional interpretation: refers to a description of the constitution, the content of the meaning and limits. The Constitution in the implementation process there may be provisions do not know the meaning or due to the need of social development and changes the new made a new description of the problem. In order to ensure the consistency between constitution and social life emerged in the implementation of the constitution, the constitution stipulated generally the system of constitutional interpretation, constitutional interpretation and the important system as the implementation of the constitution to consider.
4, constitutional cases: is a form of constitutional conventions, it usually occurs in the implementation of the unwritten constitution state. In these countries, the superior court case to the lower court judgments about the previous case with constraints, the same court after the binding.
5Specification: the constitution, is the sum of various specification adjustment of the constitutional relation. The constitution is a kind of legal norms, with the method of binding, constitute the people's social life one universal rules follow; decided by the constitution the basic law, constitution is the fundamental law, the specific adjustment in the Constitution Constitution relationship; relationship Chinese home or state organs is always the important participants. The constitution is including the relationship between society, the state and the individual, but also includes the relationship between national authorities.
7, constitutionalism: means in accordance with the provisions of the constitution as the basis and set up the political system, is a product of the political practice of constitutional norms and the implementation of the constitution of the combination of. It is associated with the rule of law, democracy, human rights. Its generation, existence, development and change must serve the Constitution on the paper become the display of the constitutional purpose.
8, constitutional supervision: refers to a specific organ according to certain procedures, review and adjudication laws, regulations and executive orders, and other normative documents and the characteristic of the subject of action is unconstitutional, in order to maintain the authority of the constitution, the protection of civil rights and freedom system.
9, constitutional convention: implied constitutional rules, it is usually produced in the implementation of the constitution of the long-term practice, and has the consistency and continuity, are considered must follow the implementation of the constitution of the habit of.
10, constitutional law: refers to the implementation of the unwritten constitution in the country, the common law has the effect of constitution.
11The revision of the constitution, the Constitution: refers to after the formal implementation, with the development of social life and change, conflict between constitution and social life is, by the competent authorities according to the specific procedures for the constitution to be added, adjusted activity.
12The people's Democratic Dictatorship: Yes, led by the working class, and based on the worker peasant alliance, with intellectuals as one of its force, the people's democracy and dictatorship to the enemy, with extensive patriotic united front political base. China is the people's democratic dictatorship based on the people's democracy and dictatorship of the two aspects of the enemy, the two there is a dialectical relation of unity of opposites.
13, the organizational form of regime: refers to the realization of the relationship between state power organs and agencies, which in fact refers to the state organs of the organization system, or refers to the internal state institutions form.
14The system of people's congresses,: is China's fundamental political system, is the basic form of regime of our country, it directly reflects the class nature of our country, embodies China's political lives, is the foundation of other system depends on the establishment of the country, is the people's realization of the state power organization form.
16The patriotic united front, led by the Communist Party: China, the democratic parties and people's organizations, including all socialist laborers, patriots supporting socialism and who support the reunification of the motherland's broad political alliance.
17China, people's Political Consultative Conference: China is broadly representative of the patriotic united front organization, is an important mechanism to realize the system of multi-party cooperation and political consultation under the leadership of the Communist Party of China, is an important form of the development of socialist democracy in the political life of our country.
18, the National People's Congress: the constitution, the National People's Congress of the people's Republic of China is the highest organ of state power. This provision indicates that the nature of the National People's Congress and in the entire national institution system the core status. The National People's Congress is the organ of state power, and it is the highest organ of state power, which means that it is representative of the people exercise state power. In the institutions of the state system of our country, the first priority, any other state organs are not beyond it, nor with the flat.
19The Standing Committee of the National People's Congress,: is the permanent organ of the NPC, is part of our country is the highest organ of power, the state legislature. The Standing Committee of the NPC is a part of the National People's Congress, the National People's Congress is in session of the highest organ of state power, compared with other state organs, in the highest position, compared with the National People's Congress, subordinate.
20The nature of the state: that is, the country's class nature, that is usually said. Specifically, a country's state system, refers to a country which the class or the class dominates, grasp the state power, the class is the ruling class to ally, the class is ruled and oppressed position.
21, state form: is an important part of the national system, it includes the symbol form of political organization, the form of state structure and state. National form and depends on the nature of the state; do not attach importance to the form of state, the people's democratic dictatorship cannot be consolidated and development.
22Constitution: the nature of the state, is a national class nature, i.e.. Specifically, a country's state system, refers to a country which the class or the class dominates, grasp the state power, the class is the ruling class to ally, the class is ruled and oppressed position.
23The regime is,: and other relative, and the state's status as a social class in the country, is actually refers to the sovereign class, national class attribute, therefore, government refers to the macro system with state sovereignty of the ruling class to achieve its national sovereignty.
24, committee system: is a form of political organization in switzerland. The supreme administrative organ for Swiss national executive committee. The Federal Council is the highest administrative organ, it is the executive body of the Council, must be subordinated to and implementation of the Federal Parliament's decision, it has no right to dissolve parliament. Exercise the legislative power of Parliament, but Parliament rejected the Commission's policy or proposal, the committee will not be leaving.
25, Parliament: is a form of regime Republic countries. Is the highest authority in the country or the legislature, a bicameral and unicameral points, members of Parliament elected. Also known as the "house" or "congress". Its dominant position in the national political life.
26, constitutional monarchy: is a form of regime of capitalist countries. Also known as a "constitutional monarchy", refers to the king or the king as head of state, the supreme sovereignty actually or nominally controlled by the monarch one form of political organization.
27, parliamentary republic: also known as the responsibility cabinet system, referred to as the cabinet. Is considered to be the main form of regime of capitalist countries, Parliament plays a leading role in the political life of the country; the government's cabinet, elected by the Parliament and is responsible to the assembly; the president elected, generally do not charge, just as the nominal head of state.
28Two yuan, constitutional monarchy: in this regime, the power of the monarchy in spite of constitutional restrictions, but power is still large. Just as the monarch parliament consultation, negotiation mechanism plays a secondary role.
29, "common program":1949Years9Month China people's Political Consultative Conference made the common programme on the "provisional constitution". "Common program" Co7Chapter60A new, specific provisions China state system, regime, economic system and cultural, education, ethnic, foreign policy. "Common program" has an important influence on the development of new China constitutionalism.
30, unitary: 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.
31, Federalism: refers to two or more than two federal unit(Bang, Delta, Republic)A coalition of countries. The unit was originally an independent sovereign state, for a common goal, and with other countries union or added to the alliance countries.
32The president: Yes, the bourgeois republic by the president as head of state and head of government form of political organization. President elected by voters, responsible to the voters, he is the head of state, is also the head of government, military affairs, diplomacy, practical grasp of power; executive power in the president's hands, the minister by parliament approved the appointment and removal by the president, by the president to make major decisions; the president not to parliament, has no right to dissolve the parliament; Parliament except in accordance with the law the impeachment of the president to be convicted, does not have the right to recall the president of parliament; but the exercise of legislative power, the court exercise the power of judicial review, is a restriction to the presidency.
33, semi presidential system: is a commercial characteristics of the presidential council. There are two chief executive in form, the president is both head of state, and dominate the administrative power, at the same time, the government also has a prime minister. The government responsible to parliament. Parliament can accuse the government, when the government of the proposed case or reject the government's policy agenda, the prime minister had to resign the president of the Republic of the government. The president directly elected by voters.
34, national autonomous organs: refers to set up in the national autonomous areas exercise the administrative area of local organs of state power and the exercise of the right of autonomy and state organs, including autonomous regions, autonomous prefectures, Autonomous County People's Congress and the people's government.
35One country two systems: refers to the premise, in a Chinese under the state body, adhere to the socialist system; Hongkong, Macao, Taiwan, the people's Republic of China is inseparable parts of them, as a special administrative region will retain the current capitalist system unchanged for a long time. On behalf of Chinese in the world, only the people's Republic of china."One country two systems"Starting from the actual Chinese, resolution of the Taiwan issue, the Hongkong issue and the Macao problem, to realize the great conception of peaceful reunification of the motherland.
36Electoral system: a country, is the ruling class through the system of general provisions of the Constitution and the law on the election of representatives of representative organs and public servants of the state, is an important means and steps of the ruling class to choose the class representative and outstanding figures into the state organs of government functions.
37, the system of regional ethnic autonomy: refers to the people's Republic of China within the scope, in areas inhabited by ethnic minorities as the basis, establish the corresponding ethnic autonomous areas, and the establishment of national organs of self-government, autonomous rights shall exercise the constitutional and legal system.

The basic law of the Special Administrative Region: 38, is 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 rather than other normative documents. On the other hand, the legal system of the Special Administrative Region, the basic law in the legal status of the highest.
39, the Special Administrative Region: refers to 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.
40, the right to vote: refers to the voters legally elected representatives of representative organs and specific public servants right.
41, the right to be elected: refers to the voters to be elected representatives of representative organs and specific public servants right.
42, the citizen: refers to a country nationality, nationality is the only condition of citizenship, a criterion to judge whether a citizen of a country is a nationality. The citizen is always general, basic rights.
43, equality of Rights: refers to the citizens enjoy equal rights, without any discrimination, requires countries to equal protection of rights.
44, the right to education: is the important rights for the citizens in the field of education, is the right of citizens accept culture, science education and training. Broadly speaking, the right to education includes everyone in accordance with its capacity equal right to education, but also includes the right of claim is required to provide educational opportunities. The narrow sense, the right to education is a citizen enjoys the equal right of education.
45, the right to rest: refers to the rest and the cultivation of rights, it is a necessary condition for the existence of the right. Basic rights as workers enjoy the right to rest, the formation of full unity and labor rights, no right to rest, right of labor can not be achieved.
46, labor rights: refers to all able-bodied citizens, have access to work and labor remuneration right. Right of labor is the foundation of citizen's survival, is the premise of the material on the exercise of any other right.
47, the speech exemption: the National People's Congress of the National People's Congress meetings, speeches and voting including the plenary session, plenary meeting of the delegation, the delegation group meeting will not be investigated by law. At the same time, the National People's Congress in the speech at the electoral units of various meetings of the people's congresses, also not be investigated by law.
49, 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. Is the fundamental principle of the people's Congress System in China, one of the important principles of organization and activity is also a national mechanism.
50, the State Council: Article 58 of the Constitution stipulates: "the people's Republic of China State Council, or the Central People's government, is the executive body of the highest organ of state power, is the highest organ of state administration.
51, the freedom of the press: refers to the citizens through open publication, including newspapers, periodicals, books, audio and video products, electronic publications, the freedom to express their opinions and views on national affairs, economic and cultural undertakings, social affairs.
52, the freedom of communication: refers to the citizens through letters, telephone, telecommunications and other means, according to their own will and freedom of communication without interference from others free. Communication is the citizen participation in social life, the necessary means of social communication, is a basic right of citizens is indispensable.
53, March: freedom is the extension of freedom of speech and concrete. A parade of public place in the open air public road, the common wish, expression activity.
54, personal freedom: also called the freedom of body, refers to the citizens from illegal encroachment freedom. Personal freedom is the basis for citizens to participate in political life, social life state, is the personal security is composed of right system.
55, the freedom of demonstration: is the extension of freedom of speech and concrete. Is a public place in the open air or public roads to rally, parade, sit INS, expression, protest or support, support for their common intention activities.
56, the freedom of association: refers to the citizens to a certain purpose and in accordance with the procedures prescribed by law, a social organization of freedom organization, it is a basic right of citizens.
57, residential security: refers to citizens living, living places from illegal intrusion and search. Housing is a civic life, learning the premises, the housing is guaranteed is directly related to the realization of other rights of citizens.
58, local people's governments at various levels are the executive bodies: local people's congresses at all levels of administrative organs, is the local state. Local people's governments at various levels of the National People's Congress and the state administrative organs shall be responsible and report their work. During the period of the local people's governments at or above the county level meeting in the people's Congress at the corresponding level, responsible and report on their work to the Standing Committee of the National People's congress. Local people's governments at various levels are state administrative organs under the unified leadership of the State Council, obey.
59, the secret ballot: 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, to ensure fair election.
60, the form of state structure: refers to the mutual relation between part and whole, part of the central and local governments. A longitudinal national division of rights relationship. With the organizational form of state power state power transverse division relations constitute the external manifestation of the country as a national nature form.
61, the ethnic autonomous areas: refers to the administrative area of our country minority inhabit a region exercising regional autonomy in the area. Divided into autonomous regions, autonomous prefectures and autonomous counties,, all national autonomous areas are the people's Republic of China can not be separated parts.
62, chief executive of the Special Administrative Region: is a special administrative region of the head of the Special Administrative Region, representative, accountable to the Central People's government and the special administrative region. At the same time, the legislation will be responsible for. The chief executive of the elections or consultations held locally, appointed by the Central People's government.
63, the political rights: refers to the provisions of the Constitution and the law of Civil Evidence Act, the possibility to participate in national political life. It has two forms: one is the citizen to participate in the national, social organization and management activities, to vote and to stand for election exercise based; another is the citizen in the political life of the country freely express their opinions, express the freedom of will. Usually, speech, assembly, association, the press, freedom of demonstration, referred to as political freedom.
64, the freedom of speech: is one of the basic constitutional rights of citizens. Is that citizens have the right to promote their own thoughts and ideas through various forms of freedom. Broadly speaking, journalism, publishing, copyright can be included in the category of free speech, form a comprehensive system of rights. The narrow sense, the freedom of the press is not included in the freedom of speech.
65, set free: is the extension of freedom of speech and concrete. Refers to gather in a public place in the open air, opinion, expression of the will of the activities.
66, the freedom of religious belief: refers to the citizens on the basis of the faith of the heart, willing to the freedom of religious belief. Freedom of religious belief as a right system, mainly by the freedom of religious belief, religious activities, religious freedom, freedom.
67, the freedom of person is inviolable: refers to the citizens enjoy without any illegal search, detention, deprivation, restriction of rights.
68, human dignity is not violated: refers to the human body is closely related to reputation, name, portrait inviolable rights, it is an important aspect of citizens as subjects of rights to maintain their dignity.
69, social and economic rights: refers to the citizens in accordance with the provisions of the constitution enjoys economic interests, is the realization of citizen's basic rights of physical security.
70, constituency: is the population is based on the representation of regional, gerrymandering is division of the regional units in the implementation of the election. In our country, district can press living conditions are divided, can be divided according to production units, institutions, units of work.
71, the prime minister is in charge of the leadership system of our country: the state council. The main performance is: the premier directs the work of the State Council, vice premier, State Councillors assist the premier in his work; the Premier convenes and presides over the plenary meetings and executive meetings of the State Council, the major issues in the work of the State Council, on the basis of group discussion, finally by the prime minister, focus your views, the formation of the decision of the State Council; command decision, issued by the State Council and the administrative regulations, proposed to the National People's Congress or the Standing Committee of the NPC motion, appointment and removal of personnel, must be signed by the premier of the State Council Secretary general; under the leadership of the premier, is responsible for the day-to-day work of the state council.
72, the constitutional review system: the system of constitutional supervision. Refers to the specific organs according to certain procedures, review and adjudication laws, regulations and executive orders, and other normative documents and the specific main body action is unconstitutional, in order to maintain the authority of the constitution, the protection of civil rights and freedom system.
73, national institutions: the ruling class in order to realize the function of the state, must be built all state organs, the sum of these organic link state organ is the national institutions. State agencies are a certain class of political organization.
74, registration of voters: refers to the electoral institutions shall review and confirm the citizens eligible to vote. The voter registration process is to determine the right to vote, the right to vote to prevent security, without the right to vote of citizens to vote, security enfranchised citizens are not deprived of their participation in elections.