Abstract: the constitution is the fundamental law of a country, is the soul and foundation of a national legal system, the rule of law in essence is the rule of constitution. And the life of the law lies in the implementation of the law, the same, the life of the constitution lies in the enforcement of the constitution. Must set up a corresponding system and the organization's activities in the process China home to promote the implementation of the constitution, which guarantee the implementation of constitution. The constitution later can be implemented, the country's future and destiny, is to safeguard a country scale, while China's constitution, the constitution safeguard has made significant progress, but there are still shortcomings. Therefore, the implementation of effective measures must be taken to protect the constitution.

Keywords: the implementation of the constitution; guarantee system; constitution; Constitution

 

AbstractThe constitution is a basically bigLaw of nation, is soul and foundation that a national legal system constructs. Administering country by law in essence isRegulating country according to constitution.But the life of law lies in the implement, meanwhile, the life of constitution lies in a constitutional implement. Have to build up homologous system and related activity to promote in this Constitution of carry through with implementation, namelyThe guarantees ofConstitutional enforcement. After drawing upThe constitution, whether it can be carry though with implementation, which relates to prospect and order of nation. When ourConstitutionIs established, the guarantee ofConstitutional enforcement obtains great improvement, but it exists shortage. Therefore we have to take effective measure to strengthen the guarantees ofConstitutional enforcement

Key WordsGuarantees ofConstitutional enforcement; system of guarantee; supervision ofConstitution; constitution dignity      

 

"The decree is country and country, law Chi country in chaos waste." As the fundamental law of the constitution, as an important means to consolidate the people's democratic dictatorship and the protection of civil rights in our country, the smooth implementation of major problems related to the rise and fall of a nation.^[1]Now the design and constitution system constitution has been more and more perfect, but the Constitution and social life written in Constitution also has the very big difference. Therefore, from state leaders, down to the commom people should be the implementation of the constitution guarantee as a big issue, only the entire society of all organizations and individuals shall abide by the Constitution and the maintenance of the dignity of the constitution, in order to truly safeguard constitution implementation.

One, the implement security overview

"The so-called constitutional guarantee collectively refers to the constitutional state in order to promote the implementation of the Constitution and the establishment of the system and the activities of the."^[2]Closely related the implement security and constitutional supervision system, but is not equal to the constitutional supervision system. The constitutional supervision system refers to a specific state organs through certain procedures, the review of constitutionality and the ruling laws, regulations and legal documents and the implementation of the constitution main body behavior, the legal system to ensure the implement of the. But the constitution guarantee not only contains the constitutional supervision system, also includes other can ensure the implement of the non legal system.

(a) the basic content of the implementation of the constitution guarantee 

The implementation of protection under the constitution is different, the implementation of the constitution the basic content of the security can be divided into two aspects:

    1 security laws, regulations and legal documents of constitutionality

The constitutionality of the implementation of the constitution the first content security is the guarantee of laws, regulations and legal documents. On the one hand, the constitution is the fundamental law of a country, is to build the basis of the national legal system, legal, regulatory and legal documents with the constitution as the origin of legal validity; must take the constitution as the basis, and must not contravene the constitution. Otherwise, would undermine the authority of the Constitution and the dignity, impede the implementation of the constitution. On the other hand, the constitution only rely on the law, regulations and other normative documents to the good regulating effect on the whole society, the spiritual principles of the constitution only through specific laws and regulations and other common legal document, the effective implementation of the national legal system and complete to.

The constitutionality of 2 security state organs and their staff, the armed forces, political parties, social organizations, enterprises and organizations and civil behavior

The implementation of the constitution must eventually specific to the relevant organs, organizations and individual behavior. A variety of specific constitutional acts constitute the overall implementation of the constitution. However, in fact the implement security may not make any organizations and civil behavior of constitutionality, although this is the implementation of the constitution protection goal. Focus on the implementation of the constitution is the constitutional guarantee of state organs and their staff's behavior, the purpose of their behavior in a broad sense is to promote the implementation of the constitution, if the violation of their behavior, it is difficult to implement the constitution.

　　(two) the implementation of the constitution safeguard system

The implementation of the constitution guarantee system generally refers to the specific constitutional countries mainly by which agencies safeguard constitution implementation responsibilities, as well as the authority safeguard constitution implementation limits and methods.^[3]The implementation of the constitution guarantee system because of the differences in the nature of the state, political system, political philosophy as well as the background, the security system in the Constitution also has a certain degree of different, in general, there are three kinds of security system:

   1 by the judicial organs shall be responsible for the implementation of the system of constitutional safeguards

The judicial organs responsible for ensure the implement of the system, refers to by the ordinary courts according to judicial procedure and judicial principles related to normative case files, the specific dispute review, decide whether it. By the Supreme Court of common as the constitution guard is originated from the Supreme Court on 1803 USA Marbury v. Madison case.^[4]The decision declaring: constitutional law is not law, is the duty of the court to clarify the legal significance, thus creating the Federal Supreme Court to review the laws enacted by Congress is constitutional precedent. This system is more common in countries of Anglo American law system. The general procedure of their operation are: questioned the constitutionality of specific dispute parties in case law, regulations and other legal documents, or the ordinary courts in adjudicating cases involving the constitutionality of the normative documents in question, the right to judicial organs to normative documents review, if thought its constitutional refused to apply. The ordinary courts have no right to break away from specific cases and directly to the normative documents to make the review of constitutionality and declare it invalid.

2 by the legislative organs responsible for ensure the implement of the system

By the legislative organs in accordance with the legislative process constitutionality of the normative documents for review, by laws, resolutions and other forms of change or cancellation of the normative documents. This system originated in britain. Britain's long-term adherence to the "parliament is supreme" the principle, that the Council is the representative of the people congress, as the legislature parliament should be higher administrative organs and judicial organs. Moreover, the British constitution and law have no obvious difference, so whether the law is unconstitutional, only by the judge by parliament, Parliament as a legislative body responsible for ensuring the implementation of the constitution. The socialist countries of the central legislature usually is the highest organ of state power, other central state organs by him, be responsible for it, carry it through the laws and resolutions. In this "political regime in the framework of" a combination of features, the Supreme Court and other state organs does not have safeguard constitution implementation responsibilities, security can only be the implementation of the constitution duties fall on the highest organ of state power on the body. So most of the socialist countries have adopted by the legislative organs responsible for ensure the implement of the system. China also belongs to this system, "the people's Republic of China Constitution" of sixty-second and sixty-seventh to implement the provisions of the Standing Committee of National People's Congress and the National People's Congress shall be responsible for the supervision of constitution and the National People's Congress Standing Committee enjoys the power to interpret the constitution.

3 by the specialized agencies responsible for ensure the implement of the system

The constitution of certain organs according to the specific procedures for the review of constitutionality of normative documents and normative documents on the unconstitutional is revoked, the system is widely implemented in civil law countries, the Constitutional Council of France and Germany's constitutional court is a typical. By the specialized agencies responsible for the implementation of the constitution guarantee system established in France in 1799, the constitutional law of the senate. The constitution protects the Senate has the right to cancel the unconstitutional law. Austria in 1920 the establishment of the constitutional court's first constitution, laws, and regulations on judicial review by the constitutional court. There are three main by the specialized agencies responsible for security system of constitution implementation ways: first, the law passed by specialized organs examined the constitutionality of laws; second, before the release, challenged its constitutionality, may request the specialized agencies to review them; third, to specific cases such as impeachment the election dispute case, permissions, the constitutional issues are explained, on the behavior of constitutionality of the award.

Two, the constitution Safeguards Mechanism

   The main constitution safeguard mechanism refers to the implementation of the Constitution and the operation mechanism system, each link and relationships. Since the founding of new China, China's implementation of the constitution guarantee system has gone through a scratch, from imperfect to perfect gradually the tortuous development process. The constitution of 1954 established the basic framework of constitution implementation safeguard mechanism. The implementation of the 1982 constitution guarantee mechanism, a more systematic and comprehensive on the provisions of the constitution of our country. The constitution of our country at the present stage of the implementation of security mechanism mainly include the following aspects:

　(a) the political guarantee

The political security refers to the Communist Party of China lead exemplary compliance and enforcement of the constitution. This is the fundamental guarantee for the constitution of our country to implement. China Communist Party of China's ruling party, in a leading position in the national political life. But in front of the Constitution and the law, Chinese Communist Party and other party, organization, must act under the Constitution and laws. As long as the Communist Party of China real head model zone observance and implementation of the constitution, then the other political parties, organizations and the masses will conscientiously observe and implement the constitution.

　　(two) the legal guarantee

Law refers to its own security. Improve and strengthen the legal system is the key to guarantee the implementation of constitution. Comrade Stalin said: "the constitution is not law compilation. The constitution is the fundamental law, and only the fundamental law. The Constitution does not rule out future legislative day-to-day legislative work and requires the work. The Constitution for the legislative work of this organ to the legal basis."^5.That is to say, the only such fundamental problems of the political and social life. The constitution is the foundation of legislation legislative work, is the basis for specifying general law.

   The realization of the 1 principles of the constitution must be established and implemented by various departments of law

   Only by establishing and perfecting the law department, the principles specified in the constitution, in order to make their implementation. Since the founding of new China, according to the China people's Political Consultative Conference common programme, the constitution of 1954 and the constitution of 1982 established "land reform law", "marriage law", "law", "criminal law" the election and all levels of government organizations, many laws and regulations. These laws and regulations implemented, effectively ensure the national system of proletarian and socialist economic system, guarantee the democratic rights of the people, and promoted the development of the socialist cause, to recover and improve our socialist legal system in our country, to ensure the implementation of the constitution play a major role.

   2 is to strengthen the legal protection of the law, the enforcement of the Constitution and laws of the central link

   Perfect legislation provides an important condition for the implementation of the constitution, but to make this into reality, we must fully implement the various legal. In accordance with the law, do the law, be strict in enforcing the law, law, we must first strengthen our judicial organs, train and bring up a batch of judicial cadres, and the judicial authority and judicial cadres is designed to enforce the law, and true to our laws and regulations, to the interests of the people, loyal to the truth, so as to guarantee the implementation of the Constitution and the the law.

   3, conscientiously abide by the Constitution and the law, act in strict accordance with the provisions of the Constitution and the law, is an important aspect of strengthening the legal system, the realization of constitution implementation

Abide by the law, must abide by the constitution. Because the constitution concentrated fundamental law reflects the people's interests. Other laws are derived from the constitution, is the specific provisions of the constitution. If you do not abide by the constitution, or even a violation of the constitution, it simply does not comply with other laws. Law is the embodiment of the constitution, is also the manifestation of the will of the people. Don't obey the law, not only against the interests of the people, or to the constitution damage. Abide by the Constitution and abiding by the law is the same. Therefore, "the people's Republic of China Constitution" the fifth stipulation: "all state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law. No organization or individual may beyond the constitutional and legal privileges." Only the whole country are strictly abide by the Constitution and the law, in order to give full play to the arm of the law, in order to guarantee the implementation of constitution.

    (three) organizational guarantee

Organization refers to supervise the implementation of the constitution of the authorities to guarantee the enforcement of the constitution. The establishment of constitutional supervision system perfect is the foundation and core of the rule of law, is directly related to the constitutional order and stability.^[6]The provisions of the constitution, to exercise surveillance constitution implementation authority authority is the National People's Congress and its standing committee. The National People's Congress has the power to amend the constitution, the National People's Congress Standing Committee has the power to interpret the constitution; the National People's Congress has the power to alter or cancel the National People's Congress Standing Committee inappropriate decisions; the National People's Congress Standing Committee has 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 regulations conflict with local regulations and resolutions. The Constitution and the law also provides, the special committee of the National People's Congress, the highest organ of state power to assist the work of monitoring the implementation of the constitution, constitutional review of various legal documents; in the administrative area to ensure compliance and enforcement of the Constitution and the law. In 2004 May, the NPC Standing Committee set up new regulations review for the record room, the studio is not only responsible for regulations for the record, more important is whether the review lower position law and especially the conflict and conflict with the constitution, safeguard constitution implementation. 

   (four) rely on the masses

   The constitution of China on behalf of the people of all ethnic groups in China's fundamental interests and long-term interests, but also to protect the legitimate interests of every citizen. The Constitution can not carry out vital interest relations with the masses of the people closely. Therefore, the broad masses of the people not only should consciously abide by the Constitution and the law, and to supervise the state organs, enterprises and institutions, social organizations and their staff and other citizens to comply with and implement the constitution. Therefore, we should strengthen the education on the enhancement of the constitution, the cadres and the masses to ensure the implement of the constitutional concept.

Three, China's implementation of the constitution to protect the status quo and existing problems

   (a) the constitution of our country implement the security situation

Since the "constitution of people's Republic of China" promulgated and implemented, we implement security put a lot of effort into the constitution, establish the corresponding institutions and organizations related activities, made a series of achievements:

1 has established a set of democratic system, democratic degree more and more high

 Human rights and democracy is the core of the constitution, the basic pursuit of value, establish and improve performance in our democratic system: one is the people's Congress system has gradually become the fundamental political system of be worthy of the name, its due status and role play. Since the Third Plenary Session of the eleven people's Congress, became the organ of state power on real significance, and become the core organ Chinese towards constitutionalism. Two in recent years, significant progress has been made in the democratic construction at the basic level. Democracy is more and more win support among the people.

    2 the value of human rights has been widely recognized, the protection of human rights has become the basic principles of the Constitution

   The constitution since 1954 since the four constitution, all specially stipulated in the "basic rights and duties of citizens". In 1954, 1975, the constitution of 1978 will be listed as the third chapter, after the national institutions. It is worth mentioning that, the constitution of 1975 There was no parallel in history. first obligations provisions of rights. The constitution of 1982 will be "basic rights and duties of citizens" referred to the "national institutions", said to protect the fundamental rights of citizens. The 2004 constitutional amendment further confirmation: the state respects and safeguards human rights. So far, the protection of human rights has become the basic principles of the constitution.

    3 towards the rule of law has become an irresistible trend of history

Regulations on the modified case in 1999 through tenth of the constitution of the people's Republic of China: "the rule of law, building a socialist country ruled by law." This means, the rule of law has become the basic principle of our constitution. The rule of law is one of the basic symbol of constitutionalism, the "ruling the country by law, building a socialist country ruled by law" was written into the constitution, fully embodies our country to enforce the rule of law constitutional government determination. On this basis, we actively promote the progress of the rule of law in two aspects: one is to promote the judicial reform to judicial justice as the goal. Two is to adhere to administration according to law, to promote the institutional, procedural and public administration. All positive results from these two aspects, we are inevitably towards the rule of law.

4 had a gradually perfect constitution

There has been a gradual perfect constitution mainly refers to two aspects: one refers to the constitutional provision has been completed, the main aspects of social life have constitutional basis. Two refers to the current constitution has contained the basic value of modern constitutionalism, democracy, human rights, rule of law and value have been affirmed by the constitution.

5 market economy system has been established, which laid the foundation for the implementation of the constitution of social security foundation

Market economy and the implementation of the constitution relationship between security lies in: market economy not only promoted the diversification of interest subjects, equality, freedom and democracy in political relations, but also for the implementation of the constitution guarantee construction providing ideological and political conditions. Therefore, the market economy is bound to improve the implementation of the constitution guarantee. Our country from 1993 through the Seventh Amendment to the constitution of "socialist market economy" into the constitution. After 10 years of reform and development, China's economy has achieved market basic. In this process, the implementation of security factors important -- Civil Society -- the gradual rise of the constitution, various guilds, associations and other non-governmental organizations have unprecedented development, citizenship began to private sector has enough against the public power.

(two) the constitution safeguards problems

The constitution of our country implementation guarantee mechanism for the implementation of the constitution, play an important role in promoting the building of socialist democratic politics and legal system construction. However, we should also be aware of the constitution of our country at the present stage the implementation of safeguard mechanisms exist many problems in the obvious:

   1 to ensure the implementation of the constitution of the legal system is not perfect

   January 29, 1999, the plaintiff accused Chen Qi Mou, Chen Fu and Jining Shandong commercial school, Eighth Middle School of Tengzhou City, Shandong Province, Shandong Tengzhou Municipal Education Commission to infringe the right of name and the right to education on the court. The case from the start in 1990. That year, the Qi in a senior high school entrance examination, was admitted to Jining business school for the 90 accounting class committee, but the eighth middle school of Tengzhou city in after receiving admission notice will direct it to a level and Qi chen. So Chen Qi a name in the school of accounting classes, Chen after graduation was assigned to work in a bank. Until 1999, a colleague to Qi Qi Qi Qi a visit sometime, a truly learned he was under 10 years. Qi a paper petition to Chen, Chen Fu and Jining City, Shandong Province, where business schools together one middle school in Shandong eighth middle school of Tengzhou city and Tengzhou city of Shandong Province Education Committee to infringe the right of name and the right to education on the court, the defendant requested compensation for economic loss of 160000 yuan and the spirit of the loss of 400000 yuan.

   As everyone knows, the right to education provisions in the "people's Republic of China Constitution" article fourteenth: "citizens of the people's Republic of China have the right and obligation to education." The right to education of the constitutional rights of citizens instead of civil rights. However, our country all levels of courts in adjudicating cases, usually can not be directly quoted constitutional provisions. But no clear provisions in the civil law. The court will probably to the plaintiff's claim "no legal basis" for dismissed.

   2 of the constitution supervision is not effective

The so-called constitutional supervision refers to the specific state organs according to the procedures for review and Adjudication of laws, regulations and administrative normative documents conform to the constitution, in order to maintain the authority of the constitution, to ensure implementation of the Constitution and constitutional rights protection system.^[7]The provisions of China's current constitution followed in 1954 Constitution and constitution of 1978 still adopts the mechanism of the highest organ of state power supervising the implementation of constitution. But this model has shortcomings, such as lack of specialized agencies to assist National People's Congress and the National People's Congress Standing Committee exercise the supervisory right of constitution, does not have the special constitution supervision procedure legislation.  

The 3 constitutional review system is not perfect

Judicial review is the essence of the national machine run review, is to ensure the normal operation of the state machine in the constitution of the orbit, correct state machine out of the constitution act.^[8]China's judicial review system has experienced a process of continuous improvement and development, has been formed with Chinese characteristic of constitutional review. The 1982 constitution provisions of the Standing Committee of the National People's Congress and the National People's Congress is responsible for overseeing the implementation of the constitution, to enjoy the power of judicial review. At the same time, the legislation law, law of compensation of administrative procedure law, the state has also made the corresponding provisions. But the constitutional review system is imperfect, mainly manifests for the review of the main body is not clear and multi hierarchy, review scope is narrow, lack of procedural safeguards.

   The 4 people's constitution concept is not strong

The idea is to understand and evaluate the activities of the people, the Constitution Constitution on the history and reality of the implementation of the constitution. Also the people to accept the process of constitutional concept, but also the constitution value selection process.^[9]Although the 1954 Constitution was promulgated, but the implementation has not been implemented. Compared with the civil law, criminal law, the implementation of the Constitution and constitutional spirit is far from the demands of the cadres and the masses, constitutional ideas, although improved, but also sent from the safeguard constitution implementation requirements far away, in the unconstitutional act, people think is civil law and criminal law, law, and that the constitution, the constitutional consciousness is not strong, more do not use the Constitution means to fight against the unconstitutional act.  

Four, several suggestions to improve the security of the implementation of the constitution of our country

(a) to strengthen and improve the party's leadership over the work of the supervision of constitution

    Our country is the people's democratic dictatorship led by the working class and based on the worker peasant alliance of socialist countries. Therefore, Chinese Communist Party is the core of leadership of the socialism, is the ruling party. To strengthen and improve the party to party constitution supervision work, must do the following: first, improve the Party leadership of the constitution supervision, adhere to the leadership of the party, people can be in power and the rule of law in accordance with the constitution of the unified especially. Secondly, improve the party's leadership, the party must adhere to the principle of ruling by law is required, the implementation of the party's leadership over the state and society in accordance with the law; request the party organizations at all levels and all Party members must play an exemplary role in abiding by the Constitution and the law, strictly in accordance with the Constitution and the law; must eliminate some Party organizations and Party members do not respect and violation of the Constitution and the law the phenomenon, thus to ensure the "regulation of the party must practice" in the Constitution and law to implement the. Finally, China Communist, especially leading cadres, must take a correct attitude towards the democratic parties view, establish the respect knowledge, respect talent concept, establish the concept of cooperation and leadership is service concept.

   (two) establishing special department of constitution supervision, to further strengthen and improve the supervision function of the highest organ of state power

The constitution supervision organ specific refers to the special organ ad hoc (usually the constitutional court), according to the constitutional review procedure specific laws, regulations and executive orders, and other normative documents, and have the right to cancel the unconstitutional laws, regulations and administrative normative documents of the supervision system, and according to the unfavorable conditions and the present situation of the constitutional court Chinese. Therefore, based on the highest organ of state power supervision of the implementation of constitutional system to establish a special committee responsible for the constitution of constitution supervision department. The constitutional committee elected by the National People's Congress, when the National People's Congress is, by the Standing Committee of the National People's Congress leadership. At the same time, strengthen the following three aspects of the functions and powers of the constitutional committee Main: first, specifically responsible for the investigation of the constitution, the implementation condition, and we need to resolve the constitutional issues in the implementation of timely comments and suggestions; second, to the law, administrative regulations, local regulations and other normative legal documents, preliminary examination, determination whether the constitution or the law is consistent, and formally report to the NPC and its Standing Committee; the three, the supervision of the State Council and its subordinate agencies, the Supreme People's court and the Supreme People's Procuratorate's activities are consistent with the constitution. The establishment of constitutional committee of the special supervising organization, to strengthen the powers of supervision of the National People's Congress and the Standing Committee of the National People's Congress, so that it can better play the role of the constitutional supervision.

(three) and perfecting the system of constitutional review

   The so-called constitutional review, refers to the enjoyment of the right of judicial review of the state organs through legal procedures, in order to examine whether the particular way and ruling certain legislation or some kind of behavior of constitutional system. It is an important means of constitutional supervision, its purpose is to ensure the implementation of the constitution, constitutional order.^[10]As mentioned before, the review of Constitutionality in China is not perfect, not to pursue the matter of unconstitutional behavior, we should take the following measures: first, the feasibility of improving and perfecting the judicial review should first constitution and the conditions of our country, make full use of the existing legal resources; second, to strengthen the National People's Congress and its Standing Committee Organization the construction of unconstitutional review, the specific operation: Third, strengthen the construction of the administrative tribunal of the ordinary courts, scope and access to the administrative court review of constitutional case, give clear rules; fourth, establish procedures regulations, the construction of unconstitutional review program. If the establishment and improvement of effective constitutional review system, timely correction of unconstitutional behavior, will not only maintain the unity and dignity of the constitution of the legal system, is conducive to the realization of the goal of the rule of law, but also the achievements and social maintaining China's reform and opening stability.

(Four) to strengthen the social public security supervision of constitution

The current constitution of our country stipulates second: all power in the people's Republic of China belongs to the people. The people in accordance with the law, through various channels and in various forms, management of state affairs, manage economic and cultural undertakings, the management of social affairs. So in order to make the constitution has been implemented must rely on the masses. Strengthen the social public to the constitutional guarantee supervision do: first, the party, the state organs develop, modify and implement laws, regulations and other normative documents, to the public, accept the supervision of the masses. Second, newspapers, media organizations to strengthen the supervision of the implementation of the constitution. Third, the people have to exercise their rights fully in accordance with the law, to study the law, understand the law, usage, and to supervise the implementation of laws, safeguard their rights and interests.

(Five) constitutional idea, uphold the dignity of the Constitution

1 culture constitution concept is the basis for the protection of constitution implementation

   Show the status quo of China's 50 years of experience and the implementation of the constitution, vigorously develop the constitution has the urgent practical significance and far-reaching historical significance. In China's reform and opening up the historical condition, the cultivation of citizen constitutional idea should be: first, strengthen the construction of socialist democratic politics, to vigorously develop socialist market economy. Second, reinforce the authority of the constitution, safeguard the solemnity of the constitution, the supreme idea, be open to ban unconstitutional legislation prohibited to undo, unconstitutional act, shall be investigated for various constitutional responsibility. Third, through the practice of democracy political, civic participation exercise ability, cultivating citizen constitutional concept. Fourth, further strengthen the Constitution and popularization of knowledge education, promote constitutional concept development to the deep, a full range of direction. Fifth, to strengthen the study of theory of the constitution, members of China's socialist constitutional culture. To let people learn to use the constitution, the constitution as the weapons, the struggle against the violation of constitution and the destruction of the phenomenon and behavior, so that the people become the the Great Wall of steel in defense of the Constitution be secure against assault.

2 to safeguard the dignity of the constitution is the prerequisite of the implementation of the Constitution

The dignity of the constitution, is the highest of its legal status and the highest legal effect inviolate. Any organ, organization or individual must strictly abide by it; any laws, ordinances and other laws of normative documents must be submitted to it, not against it. If the lost the dignity and authority of its in the national life, it cannot realize. The constitution is the fundamental law of a country, it provides the most fundamental problem in national life, embodies the fundamental interests of the ruling class. Other provisions of law is only one aspect of the problem in national life, reflect the local ruling class, one side benefit. The part should obey the whole, the general law must obey the fundamental law. "Regulations of the people's Republic of China Constitution" the preface: "this constitution to the legal form of struggle of the people of all ethnic groups that China achievements, defines the basic system and basic task of the nation, is the fundamental law of the state, has the highest legal effect. The people of all ethnic groups and all state organs, armed forces, political parties and social organizations, enterprises and institutions, must take the constitution as the criterion for their activities, and for the maintenance of the dignity of the constitution, to ensure the implementation of the constitution duties."^[11]That is to say, the constitution of our country is in the highest position in our entire legal system, has the highest legal effect. All the activities of all organizations and citizens must take the constitution as the basic standard, must not violate it. To safeguard the dignity of the constitution measures are: first, the daily work of the state legislature is based on the constitution, making various department laws based on the constitution; second, the constitution law, laws and other regulations before must comply with the spirit of the constitution, and the constitution provisions can not be contacted; third, all levels of state organs, people's organizations, parties and citizens must abide by the constitution of the behavior rule. To safeguard the dignity of the Constitution and to observe the constitution duties, abide by the constitution is the obligation to be faithful to the constitution to safeguard the dignity of the constitution safeguard constitution implementation of obligations, the obligation is to generate the highest constitutional specification based, is an important condition to ensure the normal operation of the system.^[12]

Twenty-first Century is completely abandon the rule of man, the new century towards the rule of law. When a country has its own constitution or a constitution, it is natural to evaluate the constitution value from the angle of constitutional design to process the implementation of the constitution, which is the actual effect from the implementation of constitutional significance of existence feeling. Because people in the process of constitutional practice has been recognized norms of the Constitution and social reality of the Constitution also exist distance. The life of the constitution lies in the implementation, should be implemented in the social life in various forms of security by the basic principles of the Constitution and the basic spirit and the concrete provisions. Chinese constitution is a basic law of the state and citizen to ensure the most basic social relations and the social harmony; is a department to adjust all social relations of law itself, in accordance with the highest law harmony between the spirit of a harmonious society and their. So we should establish and improve the implementation of the constitution, to realize the dignity of the Constitution and the rule of law, build a socialist country ruled by law Chinese characteristics.

 

 

 

Notes.

[1] Wang Guangbo: "the reconstruction of our system of constitutional supervision system", set "Gansu social science", 2002 (2).

[2] Zhou Yezhong: "the constitution", Beijing, Peking University press, higher education press, 2005 edition, page 371st.

[3] Zhou Yezhong: "the constitution", Beijing, Peking University press, higher education press, 2005 edition, page 372nd.

[4] Xu Chongde, Hu Jinguang: "the constitution", Beijing, Renmin University of China press, 1999 edition, page fortieth.

[5] Zhang Qingfu: "legal" constitutional enforcement in China, supported Zhang Youyu, "essays on the constitution", Beijing: Social Sciences Academic Press, 2003 edition, page 230th.

[6] Han Dayuan, Lin Laifan, Zheng Xianjun: "the constitution studies", Beijing, Renmin University of China press, 2004 edition, page 247th.

[7] Bai Gang, Lin Guanghua: "the general", Beijing: Social Sciences Academic Press, 2005 edition, page 294th.

[8]Xu Chongde, Hu Jinguang: "the constitution" (China part), Beijing, higher education press, 2005 edition, page eighty-eighth.

[9] Zhou Yezhong: "the constitution", Beijing, Peking University press, higher education press, 2005 edition, page 169th.

[10] Zhou Yezhong: "the constitution", Beijing, Peking University press, higher education press, 2005 edition, page 412nd

[11] the Ministry of education of Ideological and Political Work Department, Ministry of Justice Department Legal Publicity: "laws and regulations collection", Beijing, higher education press, 1998 edition, page fourth.

[12] Han Dayuan, Lin Laifan, Zheng Xianjun: "the constitution studies", Beijing, Renmin University of China press, 2004 edition, page 239th.