Three, the basic principles of our Constitution? Provisions of human rights protection in China?33-56(rights)

The basic principles of the constitution is the Constitution in adjusting social relations, confirm the state system and social system basic principle should product ideas, theoretical basis and principle. The basic principles of the constitution is the concentrated expression of the essence characteristics of the constitution, is built on the legal basis of the democratic system of certain economy, reflect the nature and the direction of the country.

A,The principle of sovereignty

Also known as the principle of sovereignty in the people, is the core of the state power stems from the people, belongs to the people. The western countries adopt the separation of the three powers, while China's democratic centralism.

The main content of the principle of sovereignty for the:

1.       Clearly stipulated in the Constitution: "all power in the people's Republic of China belongs to the people", the principle that the sovereignty of the people;

2.       Clearly China People's Congress and the local people's Congress is the highest organ of state power, in order to realize the people's sovereignty principle;

3.       Through the confirmation of the socialist economy system, in order to lay the foundation for the economic principle of the sovereignty of the people to achieve;

4.       Sure people can be 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 that the principle of the sovereignty of the people to implement the various fields of social life;

5.       The constitution recognizes the rights of citizens and security measures of broad, safeguard and promote the implementation of the principle of sovereignty.

Two,Basic human rights principle

Human rights, as one's rights. "Natural rights", "all men are created equal".

The current constitution of our country in the2Chapter: "the basic rights and obligations of citizens", on the rights of citizens stipulated comparison, comprehensive and detailed.

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1,        Firmly establish the concept of the rule of law the supremacy of constitution. The constitution is the fundamental law of our country, among them, the fundamental rights of citizens is the legal basis for the protection of human rights, therefore, we will use the constitution to practice, try to be the law, the law. It helps to show countries attach importance to the human rights, the elimination of domestic and international to our country had long regard human rights as"The bourgeois slogan"Negative effect, conducive to the development of China's human rights, so in the judicial activities must take the constitution as the basis, to carry out the spirit of the constitution is to protect human rights!

2,        To perfect the legal system in criminal procedure. If the criminal suspect, the defendant's right to appeal, the right of complaint, give the suspect, the defendant in custody during the communication with the outside world, contact right. Ensure the lawyer's right of meeting. Specify the exclusionary rules of illegal evidence, and establish the corresponding supporting measures.

3,        To comply with the legal procedures, to overcome the law enforcement in the subjective caprice. The legal procedure is the law of life forms is strictlyThe basic requirements for the implementation of the law. The rule of law is achieved through the process of its value, we must attach great importance to the legal procedure, strict law enforcement procedures, this is to maintain justice protection.Only strict enforcement of the law, to protect the legitimacy of law enforcement, do according to the law. Legitimate, open, democratic,

Three,The principle of the rule of law

The rule of law, "the rule of law", "rule of man" is the term, it refers to the theory, principle and method of governing the country.

The constitution embodies: firstly, in the preface to "develop socialist democracy, improve the socialist legal system." General programme "socialist legal system and dignity", "no organization or individual may be beyond the constitutional and legal privileges." Secondly, "the basic rights and obligations of citizens" in "the people's Republic of China, are equal before the law", "the personal freedom of citizens are not violated", "the dignity of citizens are not violated" etc.. Third, in the "national institutions": the people's court, people's Procuratorate exercise judicial power independently according to law, the procuratorial power, "not by administrative organs, social groups and individuals". In another1999Years in the amendment of the constitution will be officially: "the people's Republic of China to implement the rule of law, building a socialist country ruled by law" is written in the constitution.

The current constitution of our country in the 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, all state organs, armed forces, political parties, social organizations, enterprises and institutions, the country must take the constitution as the basic standard of conduct, and for the maintenance of the dignity of the constitution, to ensure the implementation of the constitution duties." "All the laws, administrative regulations and local regulations may contravene the constitution. All state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law. All activities that violate the Constitution and laws, must be investigated."

Four,The principle of power restriction

The principle of power restriction is refers to between the various parts of the state power in check, mutual supervision, mutual restriction, in order to safeguard the rights of citizens to principle.

China and the capitalist countries the principle of separation of powers a different approach, to the principle of democratic centralism.

Our constitution article3"The state organs of the people's Republic of China apply the principle of democratic centralism. 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 state administrative organs, judicial organs, procuratorial organs by the people's Congress, responsible to it, subject to its supervision. Division of the central and local state organs, followed in the unified leadership of the central government, give full play to the initiative, enthusiasm of the local principle." These Provisions are fully demonstrated, the principle of democratic centralism, the national agency system, the representative organ of people is at the highest, all other state organs are subordinate to the representative organ of the people, people's representatives from national institutions belong to the people; democratic centralism principle, and ultimately must be responsible to the people. Which reflects the people is the source of all power of the state, all state power belongs to the people.