Six, question and answer

Questions and answers

1,The main features of the constitution as the fundamental law of the state, the fundamental difference between that and the general law of (If this problem is the short answer questions, as long as the answer to the three outline on it)

Answer 1,The provisions specified in the Constitution and common law content of different content.

The contents of the constitution is the fundamental principle of the society and the state system and the fundamental principle that (the most fundamental, the most important problem in national life), is a "fundamental law", "Supreme Court", "parent law". And a common law only relates to social life, is the "basic law", "common law", "method".

2,In the force of law is different from ordinary law (the supreme constitutional legal).

Compared with the common law, the constitution has the highest legal effect: is the basis and foundation of making common law; common law, administrative regulations and local regulations may contravene the constitution; and the people of all ethnic groups, all state organs, armed forces, political parties and social organizations, enterprises and institutions must take the constitution as the basic standard of conduct.

3,In the formulation and revision of the program is different from ordinary law (strict constitution, modify the program).

The constitutional amendment, proposed by the representative of the National People's Congress Standing Committee or more than 1/5 of the deputies to the National People's Congress, and through the majority of the 2/3 National People's congress.

General legal modification by the National People's Congress Presidium, the NPC Standing Committee, the special committees of the NPC, the State Council, the Central Military Commission, the Supreme People's court, the Supreme People's Procuratorate and the National People's Congress, a delegation of 30 people or more representative, can put in motion, and only to the National People's Congress on behalf of more than half of the can.

 

 

2.What are the characteristics of the constitutional norm?

Answer: (1) the constitution is the highest legal procedures;

  (2) inclusive and general situation of constitutional norms;

  (3) the sanctions constitutional specification has special form.

3The role those content? (the answer)

Answer: the constitution plays a very important role in national life.

One, the Constitution for the organization and norms of state power function.

The primary function of the constitution is to organize and norms of state power;

(1) confirmed the power of the state ownership, to confirm the status of social various political forces in the country.

(2) according to the main form and operation mechanism of its historical and realistic conditions established in the exercise of state power.

Two, the constitution to protect the basic rights of citizens. Is the main function of the constitution.

The basic rights and obligations of citizens of our country constitution stipulates, the security mainly by common law to realize.

Three, the constitution of rule of law.

(1) the constitutional guarantee of the legislative power of the state run according to constitutional requirements;

(2) the constitution as the legal system laid the foundation.

Four, the constitution of economy.

The constitution of social and economic development of the main roles played in it to confirm the state of the current economic system, and the provisions of the general direction for the development of the economy.

Five, the constitution safeguard national unity.

Effect of constitution in safeguarding national unity is mainly manifested as: she confirmed that China is a unitary state structural, provisions of the "one country two systems" principle, external manifestation of national sovereignty, a symbol of national independence.

 

4Supervise the implementation of the constitution includes several aspects of content? (choice)

Answer: (1) the review of constitutionality of laws, regulations and normative legal documents;

  (2) the review of constitutionality of state organs and their staff and behavior;

  (3) the review of constitutionality of political parties, social organizations and other behavior.

5There are several ways of monitoring the implementation of the Constitution? (choice)

Answer: (1) review in advance;

  (2) post review;

  (3) the incidental review;

  (4) constitutional complaint.

6What is the modern constitution produce conditions?

Answer: (1) the modern bourgeois constitution is the inevitable result of the development of capitalist commodity economy, the commodity economy implementation method to produce economic conditions;

  (2) establish bourgeois revolution and bourgeois democracy is the bourgeois constitution produce political conditions;

   (3) to "natural rights", "people's sovereignty", "three to the division" and "rule by law" for the content of the bourgeois enlightenment is the modern constitution theory conditions;

  (4) increased the legal department, division of legal forms and the various legal departments at a higher level is the legal condition of the constitution.

7.1954What is the main content of the Constitution?

Answer: (1) the provisions of China's social system and national system. It is confirmed that China is "led by the working class and based on the worker peasant alliance, a people's democratic state" nature of the country, the "common program" provisions of the national property development in China; he shall take the form of unitary state structure; confirmed by the state in four kinds of means of production transition period of all system form.

  (2) affirmed "the basic national political system under the common programme", namely the implementation of democratic centralism of the people's Congress system, and according to the experience of political power construction of the people's Congress system and since the founding of new China, China national institutions were determined, the provisions of the basic system of regional ethnic autonomy in the unitary state structure within the.

  (3) the basic rights and obligations of the citizens made more perfect regulations and specific, carry out the people's democracy, at the same time, the expanding material security measures, reflects national, social benefits consistency with personal interests.

8.1954What is the historical status in Constitution?

Answer: the formulation of the constitution of 1954 the implementation of the people's democratic and social principles, embodies the characteristics of the combination of principle and flexibility. It is the product of democratic revolution and the historical experience of the socialist revolution and construction practice, Chinese experience and foreign experience, leadership wisdom and the wisdom of the masses combination. It is to consolidate the people's democratic dictatorship, promote the socialist economic development and play a great role in promoting the socialist revolution and construction. At the same time provide the principle and basis for common vertical method, and made important contribution to the legal construction of the new Chinese. The 1954 Constitution is a good constitution, is also China's first socialist constitution, we should also see, the constitution has many characteristics, there is no good to solve the stability problem of the constitution. The Constitution itself for the guarantee and supervision of the Constitution did not make effective provisions. When the task is completed the transition period in China, it is considered to be a general task state transition period to achieve the stability of the Constitution and seriousness becomes a sharp problem.

9.2004In March by the tenth session of the National People's Congress second meetings of the amendments to the constitution are those elements? (choice)

Answer: first, the establishment of the "Three Represents" important thought guiding status in the country's political and social life.

Second, to increase the material civilization, political civilization and spiritual civilization coordinated development content.

Third, increase the builders of the socialist cause of the United Front in the expression.

Fourth, improve the land requisition system.

Fifth, to further clarify the state of development of non-public economic policy.

Sixth, perfect the regulations on the protection of private property.

Seventh, establish a sound social security system to increase the provisions of.

Eighth, increase the respect and protection of human rights provisions.

Ninth, perfect the regulations of the National People's Congress.

Tenth, the provisions concerning emergency.

Eleventh, the provisions about the president authority.

Twelfth, modify the provisions of the township regime term.

Thirteenth, increase the provisions of the national anthem.

10The people's democracy in China in several aspects?

Answer: (1) the rights of the state of our country belongs to the working class as the representative of the people, and based on the worker peasant alliance all. Including the cause of socialist working class, peasant class, intellectuals and other builders people here, all patriots who support socialism and all patriots who support the reunification of the motherland, the people, they all belong to the scope of;

  (2) the people through the deputies to the National People's Congress and local people's congresses at all levels are directly or indirectly elected representatives to exercise management national democratic rights; the right to vote and to be elected is one of the most important democratic rights of the masses of our.

  (3) the people in accordance with the provisions of the law, through various channels and in various forms, management of state affairs, manage economic and cultural undertakings, the management of social affairs;

  (4) through the establishment of the residents committees and villagers' committee of the grass-roots mass self-government woven form in the city and countryside to expand socialist democracy;

  (5) the Chinese people also enjoy their rights and freedoms in the country's political, economic and cultural life, the freedom and rights in accordance with the law shall not be deprived of non.

11Why the people's democratic dictatorship essence of our country is the dictatorship of the proletariat?

Answer: (1) from the point of view of China's leadership, the people's democratic dictatorship and the dictatorship of the proletariat, they are led by the working class of the state power, the leadership of the working class marks a fundamental property of the proletarian state power.

  (2) from the class basis, our people's democratic dictatorship and the dictatorship of the proletariat, they are all based on the worker peasant alliance of state power.

  (3) from the state functions, our people's democratic dictatorship and the dictatorship of the proletariat, in the country of internal, external function is the same.

  (4) from the historical mission of view, China's people's democratic dictatorship and the dictatorship of the proletariat, is to vigorously develop social productive forces, and on this basis, gradually eliminate private ownership, to eliminate all class distinctions at the same time, there is no class, no national communism.

Why China's national character as "the people's democratic dictatorship"? (why China adopted "the people's democratic dictatorship" instead of the dictatorship of the proletariat)

Answer: (1) the people's democratic dictatorship to reflect the characteristics of our country's regime construction, to adapt to the situation of our country;

(2) the people's democratic dictatorship was clear that our class status, the current regime basis and nature of democracy;

(3) from the development and change of class relations, first of all is the growing strength of the working class, their position has changed;

(4) the burden from our people's democratic dictatorship of the task has changed;

(5) the use of the people's democratic dictatorship formulation can more directly reflect the two aspects and the people's democratic dictatorship.

12China what are the democratic parties?

Answer: (1) China Kuomintang Revolutionary committee. The Revolutionary Committee of the Kuomintang referred to as "revolutionary" China, it is a democratic party by the Democratic patriotic democratic molecules created.

  (2) Chinese democratic alliance. China Democratic Alliance referred to as the "ml", it is in the upper intellectuals based characteristic of a political alliance is committed to the cause of socialism political party.

  (3) China democratic construction association. Chinese Democratic National Construction Association referred to as the "civil", which is mainly composed of an economic community and relevant experts and scholars, characteristic of a political alliance to serve socialism party.

  (4) Chinese Association for promoting democracy. China Association for promoting democracy referred to as "progressive" which is composed of engaged in education, culture, publishing, science and other intellectuals, working characteristic of a political alliance, a China characteristics and the construction of the socialist party.

  (5) Chinese peasants' and workers' democratic party. Chinese peasants' and workers' democratic party referred to as "Chinese", mainly is the senior intellectuals in the medical and science and technology, culture and education which has the characteristic of political alliance is committed to the cause of socialism political party.

  (6) China Zhigong party. Chinese Zhigong party referred to as "Zhi Gong party". It is based on the returned overseas Chinese and their relatives, and with foreign links representative personage, composed of experts and scholars, characteristic of a political alliance, working with China characteristics and the construction of the socialist party.

  (7) nine three society. Nine three society, referred to as the "nine three", it is the science and technology and the culture and education, medical and health sector senior and leading intellectuals dedicated to the cause of socialism characteristic of a political alliance party.

  (8) the Taiwan democratic self government league. Taiwan democratic self government League referred to as "the". It is the Socialist Workers and support the socialist living in Taiwan province Chinese professionals, Patriot political alliance.

13What are the characteristics of China's political party system?

Answer: the political party system in China is decided by China's national conditions China has a special feature of the political party system. The system of multi-party cooperation under the leadership of the Communist Party is China and political consultation system, it is a basic political system of china.

  China's multi-party cooperation under the leadership of the Communist Party system is the characteristics and advantages of China's political system, which is different from the western capitalist countries of the two party system and multi-party system, but also the one party system in some other socialist countries to implement the.

  The multi-party cooperation and political consultation system under the leadership of the Communist Party Chinese multi-party cooperation is a creation of Marx Lenin's revolution and construction with China combination, is in line with the China political party system, adhere to and improve the system for us to consolidate and expand the patriotic united front and has important significance to further give full play to the socialist democracy.

14. how to understand the system of people's Congress is a fundamental political system in China?

Answer: (1) the current "constitution" second stipulates: "all right China people's Republic of China belongs to the people." "The National People's Congress and the local people's congresses of the people exercise state power organ is the." This is the core content and basic principle of China's state system, and the system of people's Congress is the core content and basic principles of organization.

  (2) the people's representative system more fully and comprehensively reflects the essence of our class. Our country is led by the working class, the alliance of workers and peasants, the people's democratic dictatorship as the foundation of the socialist country. China's government has class broad-based, each class / party / the national regime has a certain status.

(3) the relationship between the central state organs and the local state organs at the central and local state organs, division of powers, followed in the unified leadership of the central government, give full play to local initiative, enthusiasm principle.

15What, is the people's Congress System in China? Is reflected in what areas? (The democratic centralism principle of China's people's Congress system briefly in what aspects?)

Answer:Principle.The people's Congress system is the fundamental political system on the basis of the principle of democratic centralism is established, the combination of democracy and centralism system. The principle of democratic centralism in the people's Congress system specific now the following relations:

(1) from the people's relations with the people's point of view, the people are the masters of the country, the people's congresses at various levels in China is the representative chosen by the people through direct or indirect elections election consisting of. Deputies to the people's representative, is the people's Messenger, can fully reflect the people of all our ethnic groups will and interests.

(2) from the people's Congress relations with other state organs at. The National People's Congress and the local people's congresses constitute a unified system of our national authority. The organ of state power in the leading position in the whole state agencies, is the core of national institutions. The people's government at the same level people's court and the people's Procuratorate or by the people's Congress elected, subject to its supervision / responsible for it. The legislative power is concentrated in the people's Congress and its Standing Committee in national, local laws and regulations set right is concentrated in the provincial people's congresses and their standing committees.

(3) the relationship between the central state organs and the local state organs at the central and local state organs, full-time division, followed in the unified leadership of the central government, give full play to local initiative and enthusiasm principle. Implementation of the lower level to the higher level / local to the Central Committee's principles, can be conducive to safeguarding the unity and dignity of the socialist legal system, can be beneficial to guarantee and promote the construction of socialist modernization; at the same time, the central also cannot excessive centralization, must fully take care of the local characteristics, characteristics of the minority areas, the local can give full play to their initiative spirit.

The people's Congress of China represents the right?

Answer: (1) to attend the session of the people's Congress, exercising their functions and powers according to law;

(2) according to the provisions of the Constitution and the law program proposals, suggestions and comments;

(3) the case or to ask question in accordance with legal procedures;

(4) to propose the recall; (5) special protection for personal rights; (6) the speech exemption;

(7) in the performance of their duties, in accordance with the enjoyment of appropriate subsidies and material facilities needed rights;

(8) other rights.

16The principle of democracy election system have those content? The principle of Democracy (which The answer is 6 small title)

A; (1) the principle of universality of the right to vote.

Universal suffrage is the extent to which widely enjoy the right to vote, specific performance for the statutory age, most citizens enjoy the right to vote and to be elected. Universal suffrage reflects a country's citizens to participate in political activities, whether the national legal limit participation of citizens, to what extent.

(2) the principle of equality and the right to vote.

Equal suffrage, refers to every voter in an election only one vote, force equal to all the votes. In other words, all voters may not be due to ethnic, racial, gender differences, and enjoy privileges or restrictions and discrimination. All the voters to vote on the basis of equality. This is "the constitutional principle that all citizens are equal before the law" in the election system in the.

(3) direct and indirect election and with the principle of.

Direct election is directly by the voters voting representative representative. Indirect election is the representative organ is not directly elected by the voters, and the representative organ level representatives elected representatives of the organ at a lower level. The electoral law according to the specific conditions of our country, practical requirements, our country in the election to take direct and indirect election and principles. That is: People's Congress city not divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, the town representatives, directly elected by the voters; deputies to the National People's Congress, on behalf of the province, autonomous region, or municipality directly under the central government, city, autonomous prefecture District People's Congress, elected by the people congress at the next lower level. Direct and indirect election are two different methods of election.

(4) the secret ballot principle.

The secret ballot is a secret ballot, the ballot or the public to stand and applaud, hands, and said a election methods his wish of opposite. China's "election law" stipulates: "the national and local people's Congress election, shall be by secret ballot method. If a voter is illiterate or handicapped cannot write votes, can entrust him to trust people." The secret ballot principle which reflects our electoral system.

(5) shall supervise and dismiss voters on behalf of the principle.

Our country is the people's democratic dictatorship socialist country, all the rights of the state belongs to the people, the basic form of the people exercise state power is the people's Congress system. Therefore, the right to vote, the right to be elected, supervision right and right of recall is the socialist electoral system indivisible body.

(6) the principle of material security and legal protection of election.

In order to implement the principles of democratic electoral system, electoral law in China from the substance and law to the voters to exercise their voting rights to safeguard. This is reflected in; the electoral law, election expenses expenses from the state treasury; in addition, the state provides all the facilities required for election.